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Agenda 06/08/1999 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, June 8, 1999 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRWOMAN. ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION - Father Tim Navin, St. Peter the Apostle Catholic Church 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDAS A. APPROVAL OF CONSENT AGENDA. B. APPROVAL OF SUMMARY AGENDA. 1 June 8, 1999 C. APPROVAL OF REGULAR AGENDA. ~ 4. APPROVAL OF MINUTES May 11, 1999 - Regular meeting May 13, 1999 - Workshop May 18, 1999 - Special meeting May 20, 1999 - Workshop 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation extending congratulations to Jan Bennett on being named "Leader of the Year" for the State of Florida. To be accepted by Ms. Jan Bennett, Family and Consumer Sciences Agent, Collier County Department of University Extension Services. 2) Proclamation proclaiming June 8, 1999 as Naples Girls Basketball Foundation Team Day. To be accepted by Coach Pierre Eaton B. SERVICE AWARDS 1) Mary Kilburn, Bldg. Review & Permitting - 20 Years 2) Dale Stogel, Road & Bridge - 15 Years 3) Sharon Newman, PWED - 15 Years 4) Emmanuel Augnstin, Road & Bridge - 10 Years 5) Jeff Walker, Risk Management - 10 Years 6) Martin Herrera, Road & Bridge - 5 Years 7) Ramiro Arcia, Pelican Bay - 5 Years C. PRESENTATIONS 1) Recommendation to recognize William Wilkins III, Library Assistant I/Driver as Employee of the Month for June 1999. 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS 8. COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES June 8, 1999 1) Discussion of an extension of the additional 1% levy of Tourist Development Tax due to expire December 31, 1999. 2) THIS ITEM WAS CONTINUED FROM THE MAY 25~ 1999 MEETING. Accept the 1999 Standard Tourism Agreement between Collier County and the Conservancy of SW Florida, Inc. 3) Accept the 1999 lnterlocal Tourism Agreement between Collier County and the City of Naples. 4) Request that the Board of County Commissioners amend their response to the Department of Community Affairs (DCA) regarding the urban area density reductions. B. PUBLIC WORKS C. PUBLIC SERVICES 1) Approval of the conceptual design for a park located at Bluebill Avenue and Vanderbiit Drive. D. SUPPORT SERVICES E. COUNTY ADMINISTRATOR. F. AIRPORT AUTHORITY G. EMERGENCY SERVICES 9. COUNTY ATTORNEY'S REPORT 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Forest Lakes Roadway & Drainage Advisory Committee. B. Appointment of member to the Golden Gate Community Center Advisory Committee. 11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS B. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS 3 June 8, 1999 C. OTHER ~"~ 1) Public Hearing to consider Adoption of an Ordinance Amending County Ordinance No. 97-48, specifying rates charged to customers of the Marco Water and Sewer District; to Increase those rates to "pass-through" rates increased by Florida Water Services Corporation and which increased rates must be paid by the District; also approve amendments to the District's budget which are projected to result from these pass-through rate increases. 2) Amendment to Ordinance 90-105, the Collier County Contractors' Licensing Board Ordinance by adding statutorily mandated changes and discretionary changes recommended by staff. 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS B. OTHER 14. STAFF'S COMMUNICATIONS 15. BOARD OF COUNTY COMMISSIONERS' 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) Request to approve for recording the final plat of"Chesser Subdivision" 2) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Isle of Verde at Pelican Bay" 3) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of"Pointe Verde at Pelican Bay" 4) Accept an ingress, egress and utility easement from Bonness, Inc. 5) Resolution authorizing the County Administrator, or the Division Administrator of Community Development and Environmental Services as the County's designees to sign all documentation necessary for the administration of all current CDBG grant applications and awards. 6) Approve an agreement for sale and purchase to provide for future expansion of the Community Development Services Building. 7) Approve a Budget Amendment for the implementation of the Development Review and Growth Management Modules of the CD-Plus Application and ,...... purchase of four upgraded computer towers. 8) Recommendation to approve Commercial Excavation Permit No. 59.690, "Hendershot Pit Commercial Excavation and Homesite" located in Section 18, 4 June 8, 1999 Township 48 South, Range 28 East; Bounded on the north, east, south, and west --- by vacant land zoned Estates and also on the east by Everglades Boulevard. 9) Authorization to draft amendments to add a new body of water known as Hell's Gate as an idle speed zone to the Water Safety and Vessel Control Ordinance and to advertise the amending Ordinance. 10) Recommendation to approve Commercial Excavation Permit No. 59.691, "Forest Park (Heron Lakes)" located in Section 33, Township 49 South, Range 26 East: bounded on the north by the Golden Gate Canal (Golden Gate City), on the south by 1-75, on the east by land zoned agriculture and on the west by Golden Gate Community Park and Berkshire Lakes PUD. 11) Resolution to update the non-adopted portion and support document of the Transportation Element of the Growth Management Plan. 12) Recommendation to approve Excavation Permit No. 59.696 J & D Grading and Hauling Excavation located in Section 30, Township 48 South, Range 28 East; Bounded on the north by vacant lot, on the east by vacant lot, on the south by 64th Avenue NE R/W and on the west by canal R/W. 13) Recommendation to approve commercial Excavation Permit No. 59.687, "Whippoorwill Woods Land Trust Commercial Excavation and Homesite" located in Section 22, Township 48 South, Range 28 East; Bounded on the north, east, south and west by vacant land zoned Estates and also on the east by DeSoto Boulevard and on the north by CR 858 and the Winchester Lake Fill --'-- Pit. 14) Authorization of a 100% waiver of impact fees for one house to be built by Michael R. McCarty at 4545 16th Street, NE in Collier County 15) Request to approve for recording the final plat of "Eden on the Bay" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. B. PUBLIC WORKS 1) Approve and execute Work Order No. TE-98-TO-02 with Tindale-Oliver and Associates to perform Corridor Traffic Studies and provide Signal Plans for Golden Gate Boulevard Four Lane Improvement from C.IL 951 to Wilson Boulevard, Collier County Project No. 63041, CIE No. 62. 2) Approval of Purchase Order to the City of Port St. Lucie in the amount of $28,000 for the purchase of a Wallace and Tiernan Lime Slaker. 3) Recommendation to award RFP 099-2909 for Annual Contract for Telemetry Services. 4) Approve Work Order #TS-BL-9908 for Botner Land Design, Inc. for Bayshore Beautification MSTU Landscaping. ~ 5) Approve final ranking of Consultants for Engineering Services related to Aquifer Storage and Recovery of Reclaimed Water, Contract 99-2926, Project 74030. 5 June 8, 1999 6) Approve the Professional Services Agreement with Agnoli, Barber and Brundage, Inc. for the design of Livingston Road from Golden Gate Parkway to ~ Pine Ridge Road (Project No. 60071, CIE No. 52) and Livingston Road from Pine Ridge Road to Vanderbilt Beach Road (Project No. 62071, CIE No. 58). 7) Approve Amendment to Professional Services Agreement related to the North County Water Reclamation Facility Expansion, Contract 96-2474, Project 73031. 8) Report to the Board on the results of the Annual County-Wide Traffic Signal Warrant Study and Intersection Improvement Program. 9) Execute a Real Estate Sales Agreement for Lot 8 & ½ of 9, located within Blue Heron Lake Park, an unrecorded plat. 10) Request Board approval to waive landfill tipping fees for illegal dumping cleanup on Miller Boulevard EXtension. 11) Approve purchase agreement on a parcel of land located in Section 3, Township 50 South, Range 26 East, to be utilized for road right-of-way in the construction of the four-laning of Radio Road from Santa Barbara Boulevard to Davis Boulevard. C. PUBLIC SERVICES 1) Approval of amendment to Resolution No. 99-230 creating a Collier County Community Health Care Committee. 2) Authorize an additional $225 in funding for County employee picnic. 3) Award the fireworks display for 4tb of July, 1999. 4) Authorization for the Chairwoman to execute the resolution, first loan agreement and first promissory note associated with the Nations Bank line of credit for the financing of the North Naples Regional Park property. 5) Authorize staff to negotiate an agreement between Collier County, Naples Community Hospital and the Cleveland Clinic to fund prenatal, OB/GYN clinic services from July I through December 31, 1999. D. SUPPORT SERVICES 1) Approval of the Collier County Group Benefit Plan Health Insurance Plan Document 2) Approval of a Budget Amendment to Fund 517, Group Health and Life Insurance 3) Approval of Amendment No. I for Architectural Services for the Design of the Sheriff's Administration Facility, RFP #98-2867 4) Approve Lease for Cable TV Dark-Fiber Optic Cable from MediaOne 6 June 8, 1999 5) Authorization to Terminate a Contract Between the Collier County Board of ~ County Commissioners and Sky Asset Management (RFP #96-2493 - Collection Agency Services) E. COUNTY ADMINISTRATOR 1) Budget Amendment Report - Budget Amendment #99-285 and #99-242 F. BOARD OF COUNTY COMMISSIONERS 1) Proclamation extending congratulations to Commander Eugene L. Moore, Commander of the Department of Florida Jewish War Veterans and Auxiliary President Sylvia Meyers, Department of Florida Jewish War Veterans G. EMERGENCY SERVICES 1) This item has been deleted. 2) Approve the Interlocal Agreement between Collier County and the Independent Fire Districts for Basic Medical Training for Firefighters. H. MISCELLANEOUS CORRESPONDENCE 1) Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 9708912MMA, 9804324MMA, 9805318MMA, 9806087MMA, 9811016MMA, 9804703MMA, 9900135MMA, ~-. 9708492MMA, 9811400MMA, 9805996MMA, 9805349MMA, 9307233MMA, 9805432MMA, 9900648MMA, 9802433MMA, 9805009MMA, 9709163MMA, 9802664MMA, 9807825MMA, 9703177MMA, 9707284MMA, 9709882MMA, 9806236MMA, 9708257MMA, 9705153MMA, 9801887MMA, 9807555MMA, 9807564MMA, 9801058MMA, 9704264MMA, 9802344MMA, 9707707MMA, 9708801MMA, 9708266MMA, 9301280M1,9705181MMA 2) Miscellaneous items to file for record with action as directed I. OTHER coNSTITUTIONAL OFFICERS 1) Recommendation that the Board amend Resolution 95-552, the Investment Policy to recognize changes in the market since the adoption of said Resolution and to recognize the dynamic nature of the portfolio. 2) To present to the Board of County Commissioners the State Revenue Sharing Application for Fiscal Year 1999-2000 and to obtain approval for the Chairman to sign the application. J. COUNTY ATTORNEY 1) Request by the Housing Finance Authority of Collier County for approval of a resolution authorizing the Authority to issue multi-family housing revenue refunding bonds to be used to refinance a qualifying apartment project. 2) Recommendation that the Board of County Commissioners approve a budget ~"" amendment to pay 'for minor reconfiguration of the office space allocated to the Office of the County Attorney. 7 June 8,1999 K. AIRPORT AUTHORITY 1) To recognize an additional grant of $40,000 and increase the Immokalee Regional Airport obstruction removal project budget by $50,000 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. A) Petition V-99-03, Leslie Howard of South Florida Water Management District requesting a 22 foot variance to reduce the required 25 foot front yard setback to 3 feet and a 7 foot variance to reduce the required 10 foot side yard setback to 3 feet for the Big Cypress Basin Administration Building located at 6089 .lanes Lane, in Section 11, Township 49 South, Range 25 East, Collier County, Florida. B) PUD-99-03, Robert L. Duane, AICP, of Hole Montes & Associates, Inc., representing Naples Reserve Golf Club, Inc., requesting a rezone from "A" Rural Agriculture to "PUD" Planned Unit Development to be known as Naples Reserve Golf Club for a maximum of 552 residential dwelling units and two 18 hole golf courses for property located one mile north ofU. S. 41 and two miles east ofC. R. 951, in Section 1, Township 51 South, Range 26 East, Collier County, Florida, consisting of 688+ acres. C) PUD-99-05, Alan I). Reynolds, AICP, of Wilson, Miller, Barton & Peek, Inc., representing Long Bay Partners, LLC, requesting a rezone from "A' Rural Agricultural with "ST" overlays and "PUD" Planned Unit Development (I)ynabel PUD and Livingston Road Country Club PUD) to "PUD" to be known as Mediterra PUD for a maximum of 750 single and multi-family dwelling units, golf course and a village center of 60,000 square feet containing golf course related land uses, public administration facilities and a general store for property located west of 1-75 along Livingston Road east/west corridor in Sections 11 and 12, Township 48 South, Range 25 East, consisting of 943 + acres. D) Petition PUD-98-11(1), Mr. Robert Duane, AICP, of Hole, Montes and Associates, Inc., representing Steve Houston, requesting a rezone from a previously approved "PUD" namely the Tamiami Professional Center PUD to a new PUD having the effect of increasing the building height within Tract II from thirty-five (35) feet to forth (40) feet for property located on the east side of Tamiami Trail North (US-41) and the south 200 feet of Section 15, Township 48 South, Range 25 East, Collier County, Florida. E) Adopt the amendment to the Collier County Community Automated External Defibrillator Ordinance 98-36. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THF, COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. June 8,1999 WORKSHOP TO BE HELD IMMEDIATELY FOLLOWING THE REGULARLY SCHEDULED BOARD MEETING REVIEW THE MASTER SPACE PLAN FOR THE MAIN GOVERNMENT COMPLEX 9 June 8,1999 0B/0B/1999 07:18 9~177~010 COUNTY MANAGER P~GE B1 ,~END~4 CllAN(~F_.S B~OARD OF COUNTY COMMI$$ION~,RS° M~E~ETIIV~ ADD,;,, ITEM 5(A~(3) - PROCLAMATION PROCLAIMING THE WEEK OF ~TNE 6-13 AS NATIONAL HOMEOWNERSHIP WEEK. TO BE ACCEPTED BY MS. JOHN GUST, CHAIR~vlAN, AND MR. SAM GOODMAN, VICE CHAIRMAN, COLLIER COUNTY AFFORDABLE HOUSING COMMISSION. (BOARD OFFICE). AI~D: I,TEM 7(A~ MR. KEVIN ROSS REQUEST TO RESCIND FIREWORKS BAN. (COMMISSIONER CONSTANTINE). ADD: ITE~M 10(,C} - AGREEMENT FOR SALE AND PURCHASE - PROPOSED GOLDEN GATE COMMUNITY CENTER EXPANSION. (COMMISSIONER CONSTANTINE). ~OVE: ITEM 16(A)(8} TO 8(A)(5) -APPROVE CO~RCIAL EXCAVATION PERMIT NO. 59.690- HENDERSHOT PIT COMMERCIAL EXCAVATION AND HOMESITE. (COMMISSIONER BERRY). MOVE: ITEM 16(A)(12~ TO gfA){6) ~ EXCAVATION PERMIT NO. 59.696 $ & D GRADING AND HAULING EXCAVATION. (COMMISSIONER BERRY). MOVE: ITEM 16(A)(!$) TO 8(A)(7} - EXCAVATION PERMIT NO. 59.687, WHIPPOORWILL LAND TRUST COMMERCIAL EXCAVATION AND HOMESITE. (COMMISSIONER BERRY). MOVE: ITEM 17lB) TO 12fBgl] - PUD-99-03 - NAPLES RESERVE GOLF CLUB REQUESTING REZONE FROM "A' KURAL AGRICULTURAL TO PUD. (STAFF'S REQUEST). .~ONTtNUE; ITEM 16(Al 10 TO, JUNE 22,~ 1999 - EXCAVATION PERMIT NUMBER 59.691 FOREST PARK (HERON LAKES). (STAFF'S REQUESI) PROCLAAdA TION WHEREAS. the Board of Collier Counly Comm/sdoners has been notified by the Florida Association of Family and Consumer ~ciences that ~an Bennett. ~ome Econom/s~ w/~h ~he Collier Coun~ Oepar~men~ ~n/vers/~ E~e~/on ~rv/ce~. has been named 'Zeader Year ~ Yor ~he ~a~e o~ ~/or/da; and. ~E~EA~. ~an Bennet~ was nominated by her District members and chosen as the w/~er by her ~er~ s~a~ew/de; and. ~E~EA~. ~h/s awa~ /~ based on innovative pr~ramm/n9 and con,r/burtons ~o the proYe~don aY Family and Consumer 5c/ence~; and. ~E~EA~ educaHona/ e~Yor~ included work in Yam/ly financial managemen~ and/ood sa/e~; and. WHE~EA~. posiHve program ~l~ i~l~ed: 1~ /nd/v/duals and faro/lies bene~'Hn~ f~ a: VO!~:~e~ ~in~ial counseling service, a learn- by-mail s~ie~, a com~terized ~dget a~!yds, and a weekly news~ column; and ~47 food handlem ~ra/ned in safe food NO~ Y~EgEFQg~: be it procla/me~..by ~he ~ of C~ Comm/sdoners ~o~lier'Coun~.? Pl~/da. ~ha~ H w/she~ ~o e~e~ congratulations ~o::~:~ Bennett on bdn9 named '~eader of ~he Year" /or ~he :~a~ OY P/or/da and appr~c/ate~ her e~Yor~s on beha/Y aY ~he ~M~s aY Call/er PAME~ S. MAC'K~E, CHARWOMAN AGENDA ITEM NO. .~"-"~' ! JUN 0 8 1999 Pc:j. / PROCLAA~A TION WHEREAS, the Naples 6iris Basketball Foundatmn has been in existence for six years.' and, WHEREAS, serves the entire County from A4idd/e School through H,gh School: and, WHEREAS, the Il-year-aid and under team consists of 14 players (Amanda Alien, N/cole Blake, Audra Bryan, Renee David, Kay/a Duntee, Courtney Jacob, Kr/st/n Lan.qe, Ah'son z~eschko, Elizabeth Navorro. uTam/e Navarro, Jenny Payne, Ju//e Se/i, Renee Stick and Joc/yn Tar/cska): and, WHEREAS, by defeat/n9 three other teams at the state tournament in Orlando, F/or/da; and, WHEREAS, showed tremendous courage and team belief in defeating Clearwater by a score of 43 to 41 to win the championshzp pome after bein9 down by 13 points w/th four minutes remaining in the game: and, WHEREAS, become the f/rst ~qirl's basketball team in Co/i/er County h/story to win the State AAU Championship: and, WHEREAS, the team qualifies to compete in the Nat/and AAU Tournament in Kenner, Louisiana, July Z~ through lOt~,' and, WHEREAS, N/cole Blake was named A4 VP of the tournament: and, WHEREAS, Courtney Zacob and Jac/yn Taricska were named to the A/i- Tournament Team. NOW THEREFORe, be it proc/aimed by the Board of County Commissioners of Collier County, F/om'da, that uTune 8, 1999 be designated as NAPLES ~I~L~ BASK~I~ALL FOUNDATION TEAM DAY DONE AND ORDERED T/d~S 8th Da), of June. 1999. BOARD OF COUNTY COmmISSIONERS COLLIER COUNTY, FLORIDA PAMELA ,S. ~A¢'K:~E, CHA~.RWOI~AN A TTE$ T: DWIGHT E. BROCK, CLERK AGE NDA 'I~EM No. JUN 0 8 {999 PO- / EXECUTIVE SUMMARY RECOMMENDATION TO RECOGNIZE WILLIAM WILKINS III, LIBRARY ASSISTANT I/DRIVER, AS EMPLOYEE OF THE MONTH FOR JUNE, '1999. OBJECTIVE: The "Employee of the Month" Program is designed to recognize exceptional performance plus uniquely identifiable contributions which produce significant results for the County. CONSIDERATIONS: William Wilkins III is an achiever. Since coming to work for the County in November 1997, he has learned all the tasks and responsibilities involved in being a Library Assistant I/Driver. Aside from his daily operation of sorting, loading and making deliveries, he has taken on the responsibility for training and supervising day labor workers that work on special projects. William makes intelligent use of the equipment, material and manpower and constantly accepts and completes tasks beyond the normal scope of his position. Because of his competence and reliability, his supervisor is able to delegate more responsibility to him enabling projects to meet their deadlines. Without hesitation, William Wilkins III was selected as June's Employee of the Month. FISCAL IMPACT: "Employee of the Month" selectees receive a $50.00 cash award. Funds for this award are available in the Department Budget Cost Center. RECOMMENDATION: That William Wilkins III, Library Assistant I/Driver be recognized as the "Employee of the Month" for June, 1999. M ary-J d,~r~.~ Administrative Secretary APPROVED BY: ; DATE: M'c McNees, Assistant County Administrator - Staff Liaison to the Employee Advisory Committee -----. AGENDA ITEM No, ~ f' l ~; ~, EXECUTIVE SUMMARY DISCUSSION OF AN EXTENSION OF THE ADDITIONAL 1% LEVY OF TOURIST DEVELOPMENT TAX DUE TO EXPIRE DECEMBER 31, 1999. CONSIDERATIONS: On September 5, 1995 the Board of County Commissioners approved Ordinance No. 95-46 to provide an additional 1% levy of a Tourist Development Tax (to the 2% already being collected throughout Collier County) beginning January 1, 1996 and terminating December 31, 1999. During the Tourist Development Program report presented to the Board of County Commissioners on November 17, 1998 and the Board's workshop on January 13, 1999 the continuation and allocation of the 1% additional tax was discussed. The continuation and potential re-allocation of the 1% additional tax must be approved by a super majority vote of the Board of County Commissioners or it will expire on December 31, 1999. FISCAL IMPACT: The 1% additional tax will raise approximately $2.8 million dollars per year. The present additional third penny tax is allocated 100% to Category "A" Beach Renourishment projects. GROWTH MANAGEMENT: There is no growth management impact of the additional 1% levy to the Tourist Development Tax. RECOMMENDATION: Staff recommends the Board of County Commissioners continue assessment of the additional 1% tourist development tax past its present expiration date of December 31, 1999. GRE~ MfI~I~"DIRECTOR' l~te -if HOUSING A~423 URBAN IMPROVEMENT VIlqC~NT A. CAUTERO, A~CP, ADMINISTRATOR Date COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES NO. JUN 0 8 1999 EXECUTIVE SUMMARY ACCEPT THE 1999 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CONSERVANCY OF SW FLORIDA, INC. OBJECTIVE: To have the Board of County Commissioners accept the 1999 Tourism Development agreement between Collier County and the Conservancy of SW Florida, Inc. CONSIDERATIONS: On 4/19/99, the TDC unanimously recommended approval for $10,000 in funding to pay for advertising and promotion expenses relating to a European marketing campaign. This is a standard 1999 tourism agreement. FISCAL IMPACT: $10,000 is available in Fund 194 from the Tourist Development Tax Fund. A budget amendment will be required to transfer funds to the project from reserves so remittances can be paid. GROWTH MANAGEMENT IMPACT: None ~ RECOMMENDATIONS: That the Board of County Commissioners review and ac. cept the 1999 Tourism Developm_ ent agreement between Collier County and the Conservancy of SW Florida, Inc., along with the associated bud_get amendment, and autllorize the Chairwoman to sign the attached agreement. - - /- Frances E-:-. Ha-'~S~S ~ J ~ TDC Coordinator Housin~ a/lad. Urban Improvement APPROVED BY: ~rincent A. Cauter'o, AICp, Administrator .~. ~/'2:/q ' _ Date' Community Dev. & Environmental Services AGENDA ITEM JUN 0 8 1999 1999 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CONSERVANCY OF SOUTHWEST FLORIDA, INC. REGARDING ADVERTISING AND PROMOTION THIS AGREEMENT, is made and entered into this ~ day of ,1999, by and between The Conservancy of Southwest Florida, Inc., a Florida corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated for the promotion and advertising of Collier County nationally and internationally and for the promotion and advertising of activities or events intended to bring tourists to Collier County; and WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the County to use Tourist Development Tax funds for the advertising and promotion of the Conservancy of Southwest Florida, Inc.; and , WHEREAS, the COUNTY desires to fund the proposed advertising and promotion pursuant to this Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT .IS MUTUALLY AGREED AS FOLLOWS:. 1. SCOPE OF WORK: In accordance with the Budget attached as Exhibit "A," the GRANTEE shall provide advertising and promotion of The Conservancy of Southwest Florida, Inc. 2. PAYMENT: The amount to be paid under this Agreement shall be Ten Thousand Dollars ($10,000.00). The GRANTEE shall be paid in acco?dance with fiscal prOcedures of the County for expenditures incurred for the promotion and advertising expenses as described in Section I upon submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been received. AC.,~.nOA ~r.J~ GRANTEE shall determine that the goods and services have been properl Providecl,"and' shall submit invoices to the County Administrator or his designee. The County .~ his designee shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the total amount for 'various line items and up to the maximum amount budgeted pursuant to the Attached "Exhibit A." The amounts applicable to the various line items of Exhibit "A," subject to the maximum total amount, may be increased or decreased by up to ten percent (10%) at the discretion of GRANTEE. Adjustment in excess often percent (10%) of any line item must be authorized by the County Administrator or his designee. 3. ELIGIBLE EXPENDITURES Only eligible expenditures described in Section 1 _will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to rep~ty said funds. COUNTY may request repayment of funds for a period of up to one year after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: GRANTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person ~" A(~t~OA ~TEM [ PERSONAL INJURY LIABILITY $300,000 each claim per person I No. ~[~ ,~ 2 'i 3 1999 '" WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY-Statutory The Certificate of Insurance must be delivered to the County Administrator or his designee within ten days of execution of this Agreement by the COUNTY. The GRANTEE shall not commence promotional and advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY. 5. MONTHLY REPORTS: GRANTEE shall provide to County monthly reports on the duties performed and service provided by GRANTEE, its vendors or subcontractors, pursuant to this Agreement. The report shall identify the amount spent during the preceding 30 days and the duties performed, and the services provided and goods delivered during said period. GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. ~ 6. CHOICE OF VENDORS AND FAIR DEALING: GRANTEE may select vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or ~._ vendors. GRANTEE agrees to disclose any relationship between GRANTEE and the subcon- tractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION: The GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out c~f or incidental to the performance of this Agreement or work performed thereunder. This provision. shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. The GRANTEE's obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or the ~. GRANTEE's limit of, or lack of, sufficient insurance protection. 3 JUN 0 8 8. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Hollis J. Gillespie Division Director, Environmental Education The Conservancy of Southwest Florida 1450 Merrihue Drive Naples, Florida 34102 All notices fi.om the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: County Administrator Second Floor, Administration Building 3301 Tamiami Trail East Naples, Florida 34112 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to constitute .the GRANTEE, or its vendor or subcontractor, as an agent or employee of the COUNTY. 10~ TERMINATION: The COUNTY or the GRANTEE may cancel this Agreement "- with or without cause by giving ~0 days advance written notice of such termination pursuant to Section 8 and specifying the effective date of termination. If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. Provided, however, or if GRANTEE fails to hold the event or activity, GRANTEE shall pay to COUNTY all funds expended by COUNTY pursuant to this Agreement, unless the Board of County Commissioners determines that the completed promotion and advertising of the event or activity were sufficient to justify the use of tourist development tax funds. 11. GENERAL ACCOUNTING: GRANTEE is required to maintain omplet~e ancl accurate accounting records and keep tourism funds in a separate checking accounl All][-~e0ni~e 4 related to the Agreement should be recorded, and all expenditures must be incurred within the term of this Agreement. 12. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agree- ment. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 13. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or ti'ansfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 14. TERM: This Agreement shall become effective on [date Board approves] and terminate on September 30, 1999. The GRANTEE shall request an.extension of this term in writing at least thirty (30) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one year. Any funds not used by GRANTEE during the term of this Agreement and any extension thereto shall be available for future applicants. -15. EVALUATION OF TOLIRISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of GRANTEE's activities, explaining how the tourism impact was evaluated and shall provide a written report to the County Administrator or his designee within sixty (60) days of the expiration of this Agreement. 16. REQUIRED NOTATION: All promotional literature "~tnd media advertising must prominently list Collier County as one of the sponsors. 17. AMENDMENTS: This Agreement may only be amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. JUN 0 8 1999 Pg. ~ IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA · :' :' :' i' :' :. :-~ By: PAMELA S. MAC' KIE, Chairwoman ........ WITNESSES: GRANTEE THE CONSERVANCY OF ) /~ ,_3,~' ? ~/f~'Z'_d.~~ ~" . SOUTHWEST FLORIDA, INC. 0 Printed/Typed Name Printed/Typed Name Pnnted/Typed Name PrinledFFyped Title ~ (corporate seal) Approved as to form and legal sufficiency Heidi F. Ashton t,c,~oA Assistant County Attorney h:hg\hfa\99TDC\99 ('onservancy of SW FL ~lO.~w.t..,,..,._~..-- JUN 0 8 1999 6 EXHIBIT "A" THE CONSERVANCY OF SOUTHWEST FLORIDA BUDGET Direct Advertising in Print Media Magazine (German language) $ 2,000 Newspapers 1,000 Site Guide Development Site Guide (German/English) 5,000 Brochures (Gennan/English) 2,000 TOTAL $10.000 h:hg/hfa/99TDC/Ex. A Budget-99 Conservancy of SW FL THE CONSERVANCY 18 March 1999 Of Southwest Flor; Mr. Greg Mihalic Director, Housing & Urban Development ~}41.2{C ~;)4 · I:~x041.26211672 3050, N. Horseshoe Drive, Suite 145 Naples, FL 34104 Dear Mr. Mihalic, The Conservancy Museum of Natural History was established in 1981 under the auspices of The Conservancy of Southwest Florida. Today, it remains the only natural history museum in our region. The Museum and Nature Center have developed into a site visited by over 65,000 visitors annually, with the largest percentage of these being tourists. The Conservancy of Southwest Florida, a 501(c)(3) not-for-profit organization dedicated to, "Leading the challenge to protect and sustain Southwest Florida's natural environment." As Naples continues to grow, the need to educate visitors to our area increases, whether they visit in or out of 'season'. The Conservancy Museum of Natural History is interested in attracting more 'off-season' tourists to Naples, and specifically to the museum. We are requesting $10,000 from the Tourist Development Funds that are to be allocated for promotion and advertising in Collier County. Funds Would be used to support the visitor experience Naples during the 'off- seas6nL and to better accommodate those visitors when they tour the Conservancy Museum of Natural History. Enclosed is a background of the Museum. outline of the proposed project and profile of key personnel. I would like to thank you for the opportunity to submit the following proposal for your consideration. Please feel free to contact Mr. Joe Cox, Nature Center Supervisor, or me with any questions. Sincerely. Hollis J. Gillespie Division Director, Environmental Education cc: David E. Guggenheim, President & CEO Kara Laufer, Corporate Development & Grants Coordinator Ar~NOA ~lJr,? ~t,d,'~l,ll' ............ ' ........ ,,, · The Conserva~c-~' Museum of Natu~ History Institutional Fact Summary The Conservancy Museum of Natural History is the interpretive heart of the Environmental Education Department of The Conservancy of Southwest Florida (founded 1964). The Museum opened in 1981 as a Natural History Museum focusing on Southwest Florida. Admission: $6 adults; $2 children 3-12; free for members and children under 3. Hours are 9am to 4.30pm Monday Saturday (year round), Monday - Sunday (January - March). Annual admission to Naples Nature Center: 65,000+. Current membership: 5300. Collections: Living collection includes; five marine aquaria (including Loggerhead Sea Turtle), serpentarium featuring four species of native snakes, arboretum representing trees and shrubs native to Southwest Florida. Other collections include shells, fossils and insects. Accreditation: MAP I, 11I program. Staff holds memberships with Florida Association of Museums, American Association of Museums, - American Zoo & Aquaria Association and the American Association of Botanical Gardens and Arboreta. Staff recently completed Smithsonian Institution Workshops on Collections - Management and Visitor Studies. Staff: 6 full-time including 2 interns. Over 100 volunteers serve a total of 8,172 hours per year. Governance: A 23 person Board of Directors who each serve up to two three- year terms. Carl Bontemps, Chairman of the Board and David E. Guggenheim, President and CEO of The Conservancy of Southwest Florida. The Conservancy is a 501(c)(3) not-for-profit organization funded by memberships and donations. Physical Description: Located~in the heart of Naples the 16 acre Naples Nature Center-'' includes The Conservancy Museum of Natural History, Wildlife Rehabilitation Center, School Programs Department, Boat Trails, · Nature Trail, Arboretum, administrative and residential buildings. The Museum of Natural History currently features exhibits that include, "Florida: Coast-to-Coast", "Snakes Alive!" and "Hardwood Hammock". Docent led presentations are given throughout the day. Education Programs: The Conservancy Museum of Natural History provides 6-12 month graduate internships, school education through field trips, summer AGENDA JUI O p~._ ~/~ The Conservancy Museum of Natural History camp programs, adult education through courses, workshops, field trips and lectures. Request This application seeks Tourist Development Council. Funds in the amount of $I0,000 to support an advertising campaign and awareness program targeted at off-season European tourists. The campaign would include advertising in airline magazines, foreign press, producing German language guides to the Conservancy Museum of Natural History and hosting German language tours at the Museum. Introduction The Conservancy of Southwest Florida is a 501(c)(3) not-for-profit charitable organization located in Naples, Florida. The Conservancy was founded in 1964 by a group of concerned citizens who opposed the-construction of a coastal mad running along Naples' and barrier island beaches. This group of citizens argued that this road would destroy beaches as well as fisheries and encourage the type of development that would diminish Naples' omstanding quality of life. The road was not constructed. Today, The Conservancy is the largest independent environmental organization in Southwest Florida. More than 5,300 members and over 650 volunteers support the mission of The Conservancy. The Conservancy ofSOuthwestFlorida: i ~, "Leading the challengeto protect and · 2. ~i sustain Southwest Florida's natural: ,:~' '.?.' ~ environment" : · - The Conservancy consists of Environmental Education (the Naples Nature Center and Briggs Nature Center offer a Museum of Natural History, guided boardwalk tours, nature trails and provide . educational programs for both adults and children), Wildlife Rehabilitation, Environmental Policy and Environmental Science. · The Museum The Conservancy Museum of Natural History was founded in 1981 as an interpretative center focusing on Southwest Florida. The Museum has a full-time staffofsix people (including two interns). Over 100 volumeers serve a total of 8,172 hours per year. The Museum has competed for and been awarded two Federal grants from the Institute of Museum and Library Services. We have completed MAP I and are in the process of completing MAP III. The Museum is also working towards full accreditation with the American Association of Museums, recognition of best professional practices and institutional maturity. Visitors to the Museum may tour the exhibits alone or with the ax The Conservancy Museum of Natural History trained volunteer (Docent). The Museum exhibits focus on Southwest Florida ecosystems and issues. .Project Description Increasing visitation (both first time and re.peat) to the Conservancy Museum of Natural History is a priority of the organization. As tourism increases in our area, the need to educate these visitors about our local environment must also increase. The Tourist Development Council Funding would allow the Conservancy Museum of Natural History to implement a program that would support efforts to increase first-time visitors to The Conservancy during the off-season. The program would also work to increase repeat visitors to our area. During the summer months (June-October) an increased percentage of our visitors are European (mainly German and British). The Conservancy Museum of Natural History is popular with these environmentally minded visitors. We believe that the quality and reputation of our facility can be used to support countywide efforts to increase visitation and length of stay in our area. We propose to use funding in the following areas: ~ · Advertise in magazines, newspapers that would be read by potential visitors to Naples. These may include airline magazines (to Ft. Myers, Miami), Everglades National Park publications, foreign press. Funding would be supplemented by free media coverage through travel writers and other press releases. · Publish a German-language site-guide to The Conservancy Museum of Natural History. This could increase the likelihood of return visitation by those tourists. · German speaking Museum Docents will be available on a regularly scheduled day. "}Fir sprechen Deutsche" days ("We speak German" days) will be announced in our press releases. Conservancy volunteer'h, ngUages: ..~: ':,~,- German, Portuguese, SpaniSh, L~thuanmn, 'Italian, French, Hungarian, and Russian, The program would commence with an advertising campaign prior to the off-season. Publication of a German-language site-guide and "Wir sprechen Deutsche" days will commence in June 1999. Though the advertising campaign will be limited by funding; the Gem-language site-guides will be re-used year after 'ear. ~,datl~Al~r.J~ JUN 40 8 1999 p,~. /'~ , . The Conservancy Museum of Natural History program may act as a prototype for other foreign language based campaigns. The Conservancy has many volunteers who are multilingual, speaking a total often foreign languages. Be-etit~ The benefits to be derived from this program are two-fold, economic and environmental. · Economic :European currency is powerful now compared to the US dollar making Florida an attractive vacation site. Research shows that ecotourism is extremely popular among Europeans, making the need to increase awareness of Collier County's environmental sites a priority. Increasing awareness of the Conservancy Museum of Natural History will lead to visitation of the area's other environmental attractions possibly resulting in a longer stay in Naples. "Nearly 83 Perceat of visitors to-~.COunty - cited unspoiled environment as 'an .'. influential faCtOr in travel destination choiCe,, ', · Environmental - As visitation to Collier County increases, the need to educate our tourists also increases. Tourists must be ,. made aware of the many environmental issues facing Southwest Florida. Water conservation, Lake Trafford Restoration, Sand Dollar Island Preservation are some of the local issues that directly affect tourists. Educating visitors about our local issues benefits both the local economy and the environment. The environment is an influential attraction to many tourists, as evidenced by the one million visitors received annually bY Everglades National Park (of whom 30 percent are international) and the 100,000 visitors to Corkscrew Swamp -- Sanqtuary for each of the past three years. ._ The Conservancy Museum of Natural History is perfectly sited in central Naples as an access point and introduction to Rookery Bay, Lake Trafford, Ten Thousand Islands, Corkscrew Swamp Sanctuary and the Everglades National Park. Evaluation We will measure the success of the program in terms of economic impacts. Criteria will include continuing to document the numbers of visitors to the Conservancy Museum of Natural History (coupons in TDC funded advertising could measure success), conducting a visitor survey to determine the origin of i~a .... "-~ -_.. JUN 0 8 1999 5 · The Conservancy Museum of Natural History other data, and monitoring the success of the, "P/ir sprechen Deutsche" days. The visitor survey would be conducted throughout the summer representing data such as, origin, and reason for visiting Naples, length of stay in Naples, likelihood of a return visit, and level of satisfaction at the Conservancy Museum of Natural History. Timeline Advertisements in German and English oriented travel literature will be placed immediately upon notification of grant approval. We will also develop professionally created promotional flyers to distribute to local travel agencies and hotel concierges working with or in frequent .contact with foreign tour groups. Additional copies of an English language site guide will be printed in May 1999. Concurrently, the site guide will be translated into German and returned fi.om printing mid to late June 1999. Budeet The majority of funds this first year will be dedicated to creating the site guides. Existing summer tourists will find The Conservancy better equipped to provide a specialized visitor experience. Hopefully we will benefit fi.om word of mouth advertising which in the past, we have found to be an appreciable benefit. We will commit a lesser amount of funds to paid ~'- advertising with the hope of getting more funds next season and greater lead time to begin a larger promotional campaign. I expect to expend $7000 in producing site guides and $3000 in direct advertising. 'KeyPeoonnei Biographies of the key personnel involved in the Tourist Development Council fund application are as follows. . David E. Guggenheim, President & CEO The Conservancy of Southwest Florida since 1996. Guggenheim holds a doctorate in . Environmental Science and Public Policy fi.om George Mason University. He 'also holds Masters degrees in Population/Aquatic Biology fi.om the University of California and Regional Science for the University of Pennsylvania. Hollis J. Gillespie, Division Director of Environmental Education. Gillespie holds a Masters degree in Geography fi.om UCLA and a Bachelors degree in Economics from the University of Michigan. Gillespie is responsible for the strategic direction and management all the educational functions of The Conservancy of Southwest Florida - the nature centers and all the educational programs for adults and children. Gillespie was first hired as the Museum .... Director and has been with The Conservancy since 1995 :~ne JUN 0 8 1999 6 The Conservancy Museum of Natural History be involved in developing and overseeing the advertising plan and site guide for the TDC funded campaign. Maran Hiigeadorf, Director of Communications and Marketing. Ms. Hilgendorf; a graduate of Ohio University in journalism and business, will be responsible for creating the ad campaign for the target audience. She will identify the appropriate media arenas from which to implement our program. She will also guide the plan to monitor the effectiveness of this campaign. Joe Cox~ Naples Nature Center Supervisor. Cox received a Bachelors degree in Environmental Science fi'om St. Mary's University College in Twickenham, England. He has been with The Conservancy of Southwest Florida since 1996, and worked specifically in the Museum since 1997. Cox will be responsible for working with the Communications department to develop advertisements and the site-guide. He will also organize the "Wir sprechen Deutsche" days at the Museum. AGE~A ITEM JUN 0 8 1999 '7 EXECUTIVE SUMMARY ACCEPT THE 1999 INTERLOCAL TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES OBJECTIVE: To have the Board of County Commissioners accept the 1999 Interlocal Tourism Agreement between Collier County and the City of Naples for the Naples Pier Reconstruction. CONSIDERATIONS: On 9/2/97, the Board approved the establishment of a reserve of $150,000 per year for three years (FY97-98, 98-99, and 99-2000) to fund reconstruction of the outer half of the Naples Pier, with work to begin in the year 2000. FISCAL IMPACT: Based on the above referenced Board action, $450,000 will be available as of 10/1/99 in the Tourist Development Tax (60%) Fund (195). If the Board approves the interlocal agreement, $450,000 will be appropriated in the FY 00 budget as a remittance to the City of Naples. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board of County Commissioners review and accept the 1999 Tourism Development Interlocal Agreement between Collier County and the City of Naples, and authorize the Chairwoman to sign the attached agr~ht. _ PREPARED B // .//'/Frances E. Haas /[Jate/ ~ Tourist Development Coordinator REVIEWED BY Grc/g~Viihalic, Director Hous~g and Urban Improvement APPROVED B ' " O 7 Vincent A. Cautero, AICP, Administra'C-ior Community Dev. & Environmental Services AGENOA ITEM -- JUN 0 8 1999 Pg.,, 1999 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES REGARDING THE RECONSTRUCTION OF THE NAPLES PIER THIS AGREEMENT, is made and entered into this __ day of , 199__, by and between the City of Naples, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." RECITALS: WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be used to "acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or provide one or more fishing piers..."; and WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the ~ County to use Tourist Development Tax funds for reconstruction of the outer half of the Naples Pier; and WHEREAS, the Grantee represents that construction will commence in the year 2000; and WHEREAS, the parties agree that funding will be available in the fiscal year 2000; and WHEREAS, the COUNTY desires to fund the proposed Naples Pier reconstruction pursuant to this Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: In accordance with the Budget attached as Exhibit "A," the GRANTEE shall reconstruct the outer half of the Naples Pier. 2. PAYMENT: No funds shall be dispersed until fiscal year 2000. The amount to paid under this Agreement shall be Four Hundred Fifty-Thousand Dollars ($450,000.00). The .--- GRANTEE shall be paid in accordance with fiscal procedures of the County upon submittal of an invoice and upon verification that the services described in the invoice are co npiet~i:}~,t~ja - goods have been received. ~qo.~ JUN 0 8 1999 GRANTEE shall determine that the goods and services have been properly provided, and shall submit invoices to the County Administrator or his designee. The County Administrator or his designee shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law'. GRANTEE shall be paid for its actual cost not to exceed the maximum amount budgeted pursuant to the Attached "Exhibit A." 3. ELIGIBLE EXPENDITURES Only eligible expenditures described in Section 1 will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said funds. COUNTY may request repayment of funds'for a period of up to one year after termination of this Agreement or any extension or renewal thereof. 4. IN$I. IRANCE: GRANTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY-Statutory AGENDA JUN 0 8 1999 2 P{. ~ The Certificate of Insurance must be delivered to the County Administrator or his designee within ten days of execution of this Agreement by the COUNTY. 5. CHOICE OF VENDORS AND FAIR DEALING: GRANTEE may select vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and the subcon- tractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 6. GRANTEE'S REPRESENTATION THAT ACCESS IS UNRESTRICTED: Grantee agrees that no event fee, admission fee or other fee may be charged to any resident of Collier County or tourist for a period of twenty years from date of completion of the reconstruction of the outer half of the Naples Pier. The period of twenty years is the useful life of the improve- ments funded by this Agreement. In the event that GRANTEE charges a fee as described in this Section during said twenty year period, the GRANTEE shall refund to COUNTY the full amount of the funds dispersed pursuant to this Agreement unless the Board of County Commissioners and the City Council both concur in the placement/charge of said fee foradmission to the Pier. 7. INDEMNIFICATION: To the extent permitted by law, the GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. The GRANTEE's obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or the GRANTEE's limit of, or lack of, sufficient insurance protection. 8. NOTICES: All notices from the COUNTY to the GRANTEE shal be in writing AGEI~A IT~.M JUN 0 8 1999 3 Pg. '~ and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: William P. Harrison, Assistant City Manager City of Naples 735 8th Street South Naples, Florida 34102 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: County Administrator Second Floor, Administration Building 3301 Tamiami Trail East Naples, Florida 34112 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to constitute the GRANTEE, or its vendor or subcontractor, as an agent or employee of the COUNTY. 10. TERMINATION: The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination pursuant to Section 8 and specifying the effective date of termination. If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. 11. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement should be recorded, and all expenditures must be incurred within the term of this Agreement. JUN 0 8 1999 4 P~. ~ 12. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agree- ment. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 13. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 14. TERM: This Agreement shall become effective on [date Board approves] and shall remain effective until sixty days after the completion of the reconstruction of the outer half of the Naples Pier, which is expected to commence in the year 2000. 15. AMENDMENTS: This Agreement may only be amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. 16. This Agreement shall be recorded in the public records of Collier County. Intentionally Olank JUN 08-9 5 IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KIE, Chairwoman WITNESSES: GRANTEE CITY OF NAPLES 23°/ .vot Pnnted/Typed Name ~ (2~'~~~ :~ By: Vx~x~,c,. %..~. Bill Barnett Pnnted/T~bed Name Printed/Typed Name Mayor Printed/Typed Title A?fEST: Tara A. Ur)md'n, C±t¥ Clerk (corporate seal) Approved as to form and Approved as to focm and legal sufficiency legal sufficiency ~eidi F. Ashton 6 ~8. ~ Natural Resources Management EXHIBIT "A" Nar!es Pier Reoonssrucsion $450,000 .... ' __m_te : T~.ClU.UeS, but is not 1~ ~ d to r~i~ ==~'~ desisn, uermit application, plans, ...... _-e.-4fications, =~ __ and bid-document preparation, bid evaluation, contract award assistance, and conszructicn supervision; Pier reconstruction, including materials and !abcr to remove and dispose of the existins cu~=e_~ half of the Nau!=s_ Pier and reD!ace wi%h a new concrete-z;!e-suDDcrted, ~~=, inc!~d~ ~s aD~rcuria~e railincs, ~_..'-=-~=~, ...... and =ha,~= ~=~'~,,~-~__=_, which matches the inner half cf the Pier. A~A I'l'~J~ JUN 0 8 1999 EXECUTIVE SUMMARY REQUEST THAT THE BOARD OF COUNTY COMMISSIONERS AMEND THEIR RESPONSE TO THE DEPARTMENT OFCOMMUNITYAFFAIRS(DCA) REGARDING THE URBAN AREA DENSlTY REDUCTIONS. Objective: Request that the Board of County Commissioners amend their response to the DCA regarding the Urban Area density reductions. Background: The Board of County Commissioners at a special meeting on May 18, 1999 directed staff to include the Urban Area density reductions as part of the package of proposed remedial amendments for consideration by the Administration Commission. The DCA submitted remedial amendments to the County on May 20~h. The Board of County Commissioners considered those amendments on May 25th and suggested changes to the proposal which will be discussed with DCA Secretary Siebert on June 8th. Considerations: In response to the Recommended Order, submitted by Judge Meale, the DCA did not include any density reductions in the Urban Area in their recommended remedial amendments. The DCA legal staff has advised that the density reductions in the Urban Area should be processed as a separate amendment and not included in the remedial amendments based on the final recommended order unless a rational nexus can be determined between the Urban Area density reductions and the issues raised in the recommended order. If the Urban Area density reductions were processed as a separate amendment in the current amendment cycle, the schedule for adoption would include public hearings before the Planning Commission in September, the BCC in October, DCA review for 60 days and two final public hearings in January and February and a final 45 day period for DCA to find the amendment in compliance. If the proposed amendment were found to be in compliance by DCA the effective date would be in late April, 2000. The Board of County Commissioners may also establish a second cycle for plan amendments to begin with the first public hearing by the Planning Commission in July which could potentially lessen the time frame by 2 months with final approval in late February 2000. Growth Management Impact: The proposed change would amend the Comprehensive Plan and result in a potential decrease in dwelling units in portions of the Urban Area. Fiscal Impact: This executive summary in and of itself creates no fiscal impact. However, the implications of the urban area density reductions were analyzed in a report prepared by Robinson & Cole LLP and presented to the BCC in a workshop on March 19,1999. JUN 0 8 1999 Recommendation: That the Board of County Commissioners delete the Urban Area density reduction amendments from the remedial amendments to implement the final order directed by the Administration Commission and include the amendment as part of the annual cycle..~, . /,// , / × E~rbara A. C~cchione, AICP, Manager Comprehensive Planning Section Reviewed By: ~~'~'"i:-~-~ ~t~e: Robert~. Mulhere, AICP, Director ~ices De~ Ap p rove d By.~...¢/./~<X ~/~. ~/~ ~/M/~ ~, XVir~en{~A. C~uf~ero, AICP Administrator Community Development & Environmental Services Division JUN 0 8 1999 EXECUTIVE SUMMARY APPROVAL OF THE CONCEPTUAL DESIGN FOR A PARK LOCATED AT BLUEBILL AVENUE AND VANDERBILT DRIVE. Objective: That the Board of County Commissioners approve the conceptual design of a regional park to be utilized for additional beach parking and linear open space along a County owned parcel and right-of-way known as the Bluebill property. Consideration: The Board previously approved and budgeted $142,000 to design a park at Bluebill to accommodate beach parking spaces, landscaping and passive walkway areas. The enclosed map (attachment A) is a conceptual design of the park. This design is the result of the communication efforts between staff and the community. Over the last year, three (3) public meetings have been held where the community voiced what they aesthetically desired at this site. This design reflects the compromise between the community's desire for linear open space and the Board's effort to address the need for additional beach parking spaces. This conceptual plan has been distributed to the local homeowner associations and the Vanderbilt Dunes developer. The north portion of the right-of-way is designed for eighty (80) new parking spaces to relieve the congestion of vehicles attempting to enter Delnor-Wiggins State Recreational Park and to improve the ratio of residents to beach parking spaces. The additional spaces will serve to ease this situation. Across from the parking area, the 4.5 acres located south of Bluebill Avenue will be landscaped and designed for a passive walkway through the area. The community was responsive to this idea since the local residents walk along the property's and the surrounding sidewalks. This design affords them a safe venue off the roadway. Growth Management: This land is currently inventoried in the Growth Management Plan. Upon development of this site into a park, the amenities will be added to Parks and Recreation Department's Level of Service inventory. Fiscal Impact: There will be no fiscal impact at this time as this is the conceptual phase of approval. Upon receiving proposals and selecting a vendor to design and engineer the project, staff anticipates utilizing the available $142,000 in FY98-99. Funds to construct the park are available from either park impact fees or tourist development funds; however, the Tourist Development Council has only recommended approval of the estimated $634,000 for construction based upon the Board's decision to keep the third penny tax that is scheduled to sunset in December, 1999. NO. Recommendation: That the Board approve the conceptual design of Bluebill Park and direct staff to move forward into the Request-for-Proposal phase of the project design and engineering. Prepared by: ~.~ ~"~g/~cxL~)~.-- Date: ~].~7/~7'[' ~ohn Dunnuck, Operations Coordinator Department of Parks and Recreation Reviewed and I//~/~ Approved by: Date: Maria Ramsey, Direct~f~ Department of Parks an"d'Recreation Reviewed and Approved bp: Thomas W. Olliff, A~nistrator Division of Public Se~ices APPOINTMENT OF MEMBER(S) TO THE FOREST LAKES ROADWAY &DRAINAGE AD¥!SORY,COMMITTEE ~ i, OBJECTIVE: To appoint 3 members to the Forest Lakes Roadway & Drainage Advisory Committee. CONSIDERATIONS: The Forest Lakes Roadway and Drainage Advisory Committee had 2 terms expire on April 21, 1999 and 1 vacancy due to a death. This 5 member committee aids and assists the Board of County Commissioners in carrying out the purposes of providing and maintaining improved roadway related drainage and roadway restoration within the area of the Unit as set forth in County Ordinance No. 91-107. They also prepare and recommend an itemized budget, work programs and priorities. Applicants must reside within the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit. Terms are 4 years. A list of the current membership is included in the backup. A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. William Seabury re-appt, n/a 2 yes Forest Lakes Robert Jones n/a 2 yes none Andrew Reiss n/a 2 yes non COMMITTEE RECOMMENDATION: William Seabury re-appointment 04/21/03 Robert Jones new appointment 04/21/02 Andrew Reiss new appointment 04/21/03 FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment and appoint 3 members to the Forest Lakes Roadway & Drainage Advisory Committee and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: JUNE 8, 1999 JUN 08 1999 P(:Jo , / COLLIER COUNTY _ PUBLIC WORKS ENGINEERING DEPARTME~VE~) MEMORANDUM Date: May 19, 1999 To: Sue Filson, Administrative Assistant Board of CounW Co~issioners From: Mitch Momt~, P.E., Project M~ager RE: Forest Lakes Roadway and Drainage (MSTU) Advisory Committee Please be advised that at our May 18, 1999 meeting with the advisory committee for the above MSTU project, Members present recommended the following homeowners as new members to the advisory committee. Mr. William Seabury to continue as a member. Mr. Robert Jones as a new member, to take the seat vacated by the late Robert Schoeller. Mr. Andrew Reiss to be appointed as a new member (Ms. Warfield has not come to the past two meetings and has not responded to the request for a resume to renew her position with the board). Thanks for all your help. If you have any questions please call me at 774-8192. A-(~E-N DA ITEM J U N Pg. · Forest La~es Roadway"'& 'Drainage Adviso~.,-Comm!ttee .:- ~o~ P. W~ 26~5ss 06~5/96 ~1/98 2 Ye~ 499 Fom~ ~es Blv&, ~I03 5/12/98 ~1/02 4 Napl~, ~ 34105 C~go~: Roger Somerville 04/21/92 04/21/96 4 Years 190 Turtle Lake Court, #210 849-7157 6/25/96 04/21/00 4 Ye, ars Naples, FL 34105 Dimdet: 2 RobertO, Schoeller .-~.5,r ~ .~ta 04/21/92 04/21/94 2'Years 472 Woodshim Lane I ~ ~ 64943274 4/12/98 04/21/02 4'Years Naples, FL 34105 D/mag, t: 2 Category: William L. Seabury 283-3643 04/25/95 04/21/99 4 Years 501 Forest Lakes Blvd., #205 263-4090 Naples, ~r 34105. c~~.~ ' Mary O. Warfield 10/10/95 04/21/99 4 Years 2:25 Tin'de Lake Court, Apt. 303 281-e303 Naples, FL 34105 Category: . n,~,,.,,.~f~ NO.~ '../ JUN '0'8 1999 adWay:& :Drainage.. AdVisorY,Committee. Ho~Phone D~~t 2n~D~ 2~:~erm ~ts 5 ~mber ~m~ee ~s ~ated on 03/10/92 by Ord. No. 92-16 ~ aid and assist ~e Boa~ of Coun~ ~mmi~nem in ~ing out ~e pu~s of pro, ding and ~ln~ining improved ~ay m~ dmin~e and malay r~to~on wi~ln ~e a~ of ~e Unit as ~t ~ in C~n~ O~. 91-107. ~e will ~ prepare and r~mmend an Eem~ budge~ wo~ p~m~ and phones. ~pli~n~ must reside ~ln ~e Fo~ ~kes R~ & Drainage MS~. T~s am 4 yearn. ~ FL ST~T: 125.01 · ~gff: Ham/Huber, Project Manager II1:774-8192 _. MEMORANDUM DATE: May 3, 1999 TO: Vinell Hills, Elections Office FROM: Sue Filson, Administrative Assistan~5/' Board of County Commissioners 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. FOREST LAKES ADV COMM COMMISSION DISTRICT Andrew H. Reiss c9/7a//v 1411 .Lyonia Lane [/~ Naples, 'FL 34105 Thankyou for your help. JUN 08 1999 pg. ,~'~- _ 9416498414 RHJONES P~GE 01 '-' ROBERT H. JONES tell?. FOREST LAKES DRIVE NRPLES FLORIDR 34105 PHONE 941-649-8692 FAX 941-649-8414 ~ia Fax r/4-3602 ~o Sue Filso~. ~on Asslstam 3301 Tamiami Trail East Naples, FL 34112 lie: Fc~ est Lakes M.S.T.U. Roadway and Drainage Advisory Boar&' At the r quest of Miteh Mourtaz, Board Chairman, and with the consent of the board tlSi. 's mo '~tSnlng al the 11:00 a~m. board meeting, I submit a brief'resume in ~uppr~, of the boards invitation to fill the vacancy created by the recent death of Robert P. Schoellef. Mere of Quail Run Golf Club since November 1990. Have wintered here for 24 years. Serve qn Board of Directors Quail Run Golf Club, Inc. Chair two club committees Serve on Board bfDirectors · Forest Vice ~e~ident and Executive committee Retired in 1992 alter 24 years ha the building industry mainly in California as a buil. de~ developer. Plarmed and developed golf course communities, in - _ California and Tennessee including the golf courses cm'rently hold a-B':l g.m. era~ building contractors license for the State of Califomia. Educated No.. Unive~'ty of Arizona B.S.B.A. Indiana University, Extemion Center, Busin ~dss l_~w, Age 67. J.U M E M 0 RAN D U M m.c.~._: .~.', · DATE: February 22, 1999 TO: Vinell Hills, Elections Office FROM: Sue Filson, Administrative Assistant Board of County commissioners f~/'"' 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. FOREST LAKE ROADWAY & DRAINAGE COMMISSION DISTRICT William L. SeabUry 501 Forest lakes Boulevard, Apt. 205 Naples, FL 34105 Thank you for your help. AGENDA ITF. J~ I JUN O 8 999 Pgr, 7 MEMORANDUM DATE: May 3, 1999 TO: Harry Huber, Project Manager III, PWEf~ FROM: Sue Filson, Administrative Assistar~/]/j Board of County Commissioners RE: Forest Lakes Roadway & Drainage Advisory Committee 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 a resume for consideration. I have attached the resumes received for your review as follows: Andrew H. Reiss 1411 Lyonia Lane Naples, FL 34105 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration, Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments AGENDA I~M JUN 08 1999 Pg. ~ L~I UU~ Via Facsimile to ~941) 774-3602 April 29, 1999 Sue Filson, Adm,inistmfive Assistant Collier County. Commission 3301 Tamiami Trail East Naples, Florida 34112 Re: Forest Lakes Roadway and Drainage Advisory Committee ' Filson'-' Dear Ms. .~ Please acgept this letter and the attached resume ms my application '~o fall the vacancy currently existing on the Forest Lakes Roadway' and Drainage Advisory Committee. My ~,ife and I have been ,i-esidents of Naples and homeowners in Forest Lakes since July 1997 when we relocated from Ft. Lauderdale. Our time living in the Forest Lakes neighborhood has quickly ~ ' ' . and roadway issues are to the area. I would welcome the demonstra doppormnitytetohOwse!.v~t~:nern~gthbdr~o:~og~ and its residents asa member of the Adviso ry'. Committee. If I can Pr, ovide any additional information, please feel fi'ee to contact me at my office during the day ow at my home in the evening. Thank you for considering my application, and I hope to hear fron~ you soon regarding a decision. Sincerely, Andrew Reiss Enclosure Pg 04/29/99 T]~.; 07:29 FA~ [~003 ANDREw H. REISS 1411 LYON'IA LANE NAPLES, FLORIDA 34105 HOME: (941) 435-0256 OFFICE: (941) 649-4900 Professional Experience TREISEI% KOBZ; & VOLPE~ CHTD. Attorney. August 1997 - Present. Associate in litigation department of local, ten-attorney law firm representing clients in general business litigation, employment litil~ation, and securities arbitration m~ers. Previously served as law clerk for the firm during the s?mmcr of 1996 following second year of law school. I UNIVERSrrY SCROOL OF NoVn U:nP,'E~SlTy. English Teacher. August 1991 - June 1994. Responsible for ~esign and ix~truction of seventh grade English curricul-m, including reading, grammar, vocabulary and composition, at independent private school in Ft. Lauderdale, Florida. Also served as 6oach for middle school basketball, varsity cross-country and varsity sot%all teams. Education UNIVERSITY OF M. L4,MI SCROOL OF L,~W. August 1994 - May 1997. Received .Tuffs Doctor degree magna CUm laude. Class rank: Top 5%. Served as Articles and' Comments Editor for The University of Miami Inter-American Law Review in 1996-97. Staff member of the Moot Court Board. Author of "The Impact of Nahar v. Nahar on Comity in Florida: It's .~ust Not Funny Anymore;' published in The Universi _fy of Miami Inter-American Law Review, VoL 27, No. I (Fall 1995]. U~Rsrry OF P£NNSYLV,~.'~L~. August 1987 - May 1991. Received Bachelor of A.ns degree with a major in Political Science and a minor in History. Served as Business Manager for The Daily Pennsylv~nian, the independent, student-managed newspaper of the University of Pennsylvania, during 1989. Studied at Glasgow University in Glasgow, Scotland from January through June 1990. Personal ' Resident of Naples and homeowner in F°rest Lakes since July 1997. Married to Jenni Lee, a middle school rrlath teacher at The Community School of Naples. Currently serving as Vice- President of the University of Pennsylvania Alumni Club of Southwest Florida. Hobbies include reading, tennis and golf. JUN 08 i999 MEMORANDUM DATE: February 22, 1999 TO: Harry Huber, Technical Services Supervisor, OCPM FROM: Sue Fdson, Administrative Asslstant~7"~' Board of County Commissioners K": ' RE: Forest lakes Roadway & Drainage Advisory Committee 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 a resume for consideration. I have attached the resumes received for your review as follows: William L. Seabury 501 Forest lakes Boulevard, Apt. 205 Naples, FL 34105 PleaSe }et me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. 'SF Attachments ' AGEND~ No.___CCz4 JU~ 08 !999 I°g o~ April 22, 1996 Ms. Sue Filson Board of County Commissioners Collier County Government Complex 3301 Tamiami Trail East _ Naples, FL 33962 Re' Forest Lake Roadway and Drainage Advisory Committee Dear Ms. Filson: We have recently moved from the area involving the captioned. Therefore, please accept this letter as my resignation from the Forest Lakes Roadway and Drainage Advisory Committee. /~ cerely, G~e or ge ~Schmelzle AGENDA~EM .o. JUN 08 1399 INSURANCE AND RISK MANAGEMENT SERVICES, INC. 3200 Bailey Lane · Suite 105 847 North Collier Blvd. Naplcs. FL 33942-8506 Marco Island, FL 33937-2258 Phone: 941-049- I dd i Phone: 941-394-7677 FAX 941-649-7933 FAX: 941-394-3653 OBa-ECTIVE: To appOint 1 member to fulfill the remainder of a vacant term, expiring on December 31, 1999 on the Golden Gate Community Center Advisory Committee. CONSIDERATIONS: The Golden Gate Community Center Advisory Committee has 1 vacancy due to a resignation. This 5 member committee assists the Board of County Commissioners by reviewing and making recommendations regarding the budget and operation of the community center. Applicants must reside within the Golden Gate Community Center MSTU District. Terms are 2 years. A list of the current membership is included in the backup. On March 1, 1999 a letter of resignation was received from Nancy McLean advising that she had move out of the mstu area. A press release was issued and resumes were received from the following interested citizen: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Vicki A. Clavelo n/a 3 yes none COMMITTEE RECOMMENDATION: Vicki A. Clavelo FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommen.dation for appointment and appoint one member to fulfill the remainder of the vacant term and direct the County Attorne7 to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Administrative.Assistant Board of County Commissioners Agenda Date: JUNE 8, 1999 JUN OB 1999 filson_s -'rom: larson k Sent: Monde-y, May 24, 1999 9:33 AM To: filson s Subject: GGC~ Advisory Board Sue, The Golden Gate Community Center Advisory Board has reviewed Vicki Clavelo's application to the board, and would like to recommend to the Board of County Commissioners that she be appointed to the GGCC Advisory Board. Please contact me should you have any questions. Thanks! Keith Golden Gate Community Center Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Nancy McLean rev % 01/23/96 12/31/97 ' 2 Years 5415 26th Avenue, S.W. A-Aox 455-5629 1/20/98 12,/31/99 2 Years Naples, FL 34116 District: 3 Category: Tom Henning 01,/07,"97 12/31,/98 2 Years 2151 42nd Terrace, S.W. 455-9448 1/26/99 12/31/01 2 Years Naples, FL 34116 District: 3 Category: Glenn E. Wilt 01/26/99 12/31/01 2 Years 5019 31st Avenue, S.W. 353-6844 Naples, FL 34116 Districi: 3 Category: Chervle L. Newman 12/03/96 12/3 1/98 2 Years 5101 31st Avenue, S.W. 353-7969 1/26/99 12/31/01 2 Years Naples, FL 34116 District: 3 Category: Ernie Bretzmann 01 '20"98 1_, o 1/99 2 Years 2284 50th Terrace. S.W. 455-3496 Naples. FL 34116 District: 3 Category: This 5 member committee was created by Ord. No. 75-4 to advise the Board of County Commi.ssioners on the budget and operation of the Golden Gate Community Ce. ot..e,r. Members must reside within the boundaries of the Golden Gate Community Center Municipal Services Special Taxing Bistrict. Terms are 2 years. FLSTAT: 125.1M Staff: Maria Ramsey: 353-0404 AGENDA, ITE~ 'l~-edne~day, Jan.ar~ 27, 1999 Paye~l of 1 ............ ~b ;-f ./~ o.JUN 08 1999_ MEMORANDUM DATE: April 14, 1999 TO: Vinell Hills, Elections Office. FROM: Sue Filson, Administrative Assistant~.~_/]/~ Board of County Commissioners 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. G.G. COMMUNITY CEN'I:ER ADV COMM COMMISSION DISTRICT Vicki A. Clavelo 3610 21st Avenue, S.W. Naples, FL 34117 Thank you for your help. AGENDA ITEM .o._ / JUI 08 i999 Pg-_ ~/ - MEMORANDUM DATE: April 14, 1999 TO: Maria Ramsey, Parks and Recreation D~c~, FROM: Sue Filson, Administrative Assista~//[ Board of County Commissioners RE: Golden Gate Community Center Advisory Committee 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 a resume for consideration. I have attached the resumes received for your review as follows: Vicki A. Clavelo 3610 21st Avenue, S.W. Naples, FL 34117 Please let me know, in writing, the recommendation for appointment of the advisoD' committee within the 41 daF' time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. Attachment5 AGENDA ~M 08 1999 3610 - 21st Avenue, S. W. Naples, FL 34117· April 6, 1999 Ms. Sue Filson Board of County Commissioners 3301 Tamiami Trail, East NapleS, FL 34112 RE' - Golden Gate Cormnunity Center Advisory Board Dear Ms. Filson: Enclosed is my resume for consideration to fill the vacancy on the Golden Gate Community Center Advisory Board. Thank you. Sincerely, /v. ac Enclosure AGE ND~k~_ IT~,M No.. / C~ _Y~ J U !~ 0 8 1999 RESUME Vicki Ann Noriega Clavelo 3610 - 21 st Avenue, S. W. Naples, FL 34117 (941) 455-1475 EDUCATION: Hialeah Senior High School (Graduated 1970) ORGANIZATIONS: Beta Sigma Phi Sorority (1973 to Present) Dade County Firemen's Benevolent Association (1977 - 82) Golden Gate Business Association (1988 - 89) Frontier Days Parade Committee Golden Gate Area Chamber of Commerce (1988 - Present) Frontier Days Parade Chairman (1988 - 95) Emergency Medical Services Advisory Council (1991 - 94) Golden Gate Community Center Advisory Board (1994 - 98) Golden Gate Woman's Club (1992 - Present) Naples Fishing Club (1997 - Present) EMPLOYMENT: Vicki's Secretarial Services (1998 - Present) Coastland Building Corporation (1984 - 88) Metro-Dade County Fire Department (1970 - 84) REFERENCES: Available upon request AGENDA No. /CC P{:jo EXECUTIVE SUMMARY PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING COUNTY ORDINANCE NO. 97-48, SPECIFYING RATES CHARGED TO CUSTOMERS OF THE MARCO WATER AND SEWER DISTRICT; TO INCREASE THOSE RATES TO "PASS-THROUGH" RATES INCREASED BY FLORIDA WATER SERVICES CORPORATION AND WHICH INCREASED RATES MUST BE PAID BY THE DISTRICT; ALSO APPROVE AMENDMENTS TO THE DISTRICT'S BUDGET WHICH ARE PROJECTED TO RESULT FROM THESE PASS-THROUGH RATE INCREASES. OBJECTIVE: That the Board of County Commissioners, and Ex-Officio the Governing Board of the Marco Island Water and Sewer District of Collier County, Florida, ("District") adopt into law the attached Ordinance to increase the District's rates (monthly 'user fees). This proposed Ordinance amends Ordinance No. 97-48, the District's current rate Ordinance. CONSIDERATION: The District is a dependent District. The District's facilities consist of a sewage collection system. Bulk sewage treatment is provided to the District by Florida Water Services Corporation ("FWSC"). When FWSC increases rates that affect the District's rates, Staff is required to bring the District's needs for a pass-through rate adj_ustment before the Board by way of amendments to Ordinance No. 97-48. Thb District's current rates were adopted on September 23, 1997. Those rates have been reviewed by John A. Mayer Associates through a rate study which proves that the District's rates are driven by FWSC's bulk treatment rates paid to FWSC by the District. Ordinance ~ No. 97-48 contains a "Wastewater Adjustment Clause" designed to automatically "pass- through" FWSC's rate increases. The FWSC Prior rate (on which the District's current rates ' are based) is $3.09 per one thousand gallons of sewage. The new rate is $4.15 per one thousand gallons of sewage. Applying the "Wastewater Adjustment Clause" to FWSC's recent rate increase, results in a rate increase of 18.4% to the District's rates, as follows: (New FWSC Volume rate (S/gal) - Old Volume Rate) X 3.6 = $ Adjustment ,, (~ .$4.15 $3.09 ) X 3.6 = $3.82 ($ Adj.) Amt. To add to ' Existing ~ew $ Adj. existing rate Rates Rates Residential w/ Single Bath 1.0000 X $3.82 = $3.82 +' . '$20.80' = $24.62 Residential-Additional Bath 0.2222 X $3.82 = $0.85. +- $ 4.60 = $ 5.45 HoteVMotel per unit 0.4889 X $3.82 = $1.86 + $10.15 = $12.01 Commercial 1.7778 X $3.82 = $6.79 + ~36.95 = $43.74 Coin Laundry per Unit 0.8889 X $3.82 = $3.39 + $18.50 = $21.89 Restaurant per seat 0.1566 X $3.82 = $0.59 + $ 3.20 = $ 3.79 . Although FWSC has also revised the Goodland Water District bulk water rates, those rate increases do not require any change to the Goodland Water District's existing rates. FISCAL IMPACT: This proposed increase to the District's rate is not reflected in the District's adopted budget. A budget amendment increasing revenues and expenses is required as follows: Fund 431: Marco Island Water and Sewer District Cost Center 234111: MIWSD Operating Revenue 343510: Sewer Revenue increase of $29,700 Expense 634999: Other Contractual Services increase of $29,700 Approval of the District's rates are projected to generate an additional $118,820 annually. These budget amendments are necessary to maintain adequate annual revenue to fund operations, provide maintenance, and maintain adequate fund reserves. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION; That the Board, subject to evidence presented at the public hearing, approve the proposed "pass-through" rate increase necessitated by rates recently increased by Florida Water Services Corporation, and adopt the attached proposed Ordinance to amend Subsection 3.2 B. 1. of Ordinance No. 97-48, the rate Ordinance for the Marco Island Water and Sewer District; also approve the requested budget amendments that are projected to result from this recommended increase to the District's rates. ) Susa. 5er, PubtiohW9 .YJeaS eh/or, Acc o unt ant E ard N. Finn, Oljerations Director APPROVED BY Date: ~'''- Ed Ilschner, Public Works Administrator _ JUN O 8 IS9 PG, ~.. ......... 1 ORDINANCE NO. 99- 2 3 AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING 4 SUBPARAGRAPH 3.2 B. 1. OF COLLIER COUNTY ORDINANCE NO. 97- 5 48, TO INCREASE THE MONTHLY SEWER USER RATES WITHIN THE 6 MARCO WATER AND SEWER DISTRICT BY PROVIDING ONLY FOR 7 PASS-THROUGH OF RATE INCREASES INCURRED BY THE DISTRICT 8 FOR SERVICE PROVIDED TO THE DISTRICT FROM FLORIDA WATER 9 SERVICE CORPORATION; PROVIDING FOR CONFLICT AND 10 SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS 11 AND ORDINANCES OF COLLIER COUNTY; PROVIDING AN EFFECTIVE 12 DATE. 13 14 THE NEW RATES: 15 16 1. Sewer 17 18 (a) Residential 19 20 (i) Single family residences, multi-family 21 residences, apartment residences, 22 mobile home residences, 23 Each one bath living unit $24.62 24 Each additional bath per living unit $ 5.45 25 26 . (b) Non-Residential. Each facility shall be billed 27 based upon the total of the following units 28 contained therein. 29 30 (i) Hotel, motel at!d trailer rental units: 31 Each unit $12.01 32 (ii) Commercial, office, institutional, 3-3 recreational and industrial toilet units t4 (not to include industrial waste). 35 (Institutional shall include but not be 36 limited to churches, Property owners, 37 association facilities, govermnent service 38 facilities, fire stations and schools); 39 Each toilet unit $43.74 40 (iii) Commercial and coin laundry washer units; 41 Each washer unit $21.89 42 (iv) Restaurant and lounge seating units; 43 Each seating unit $ 3.79 44 45 . 46 WHEREAS, the Marco Water and Sewer District ("District") provides sewer service to 47 some areas of Marco Island that are not served by Florida Water Service Corporation (FWSC); and 49 WHEREAS, the District is billed for service fi.om FWSC pursuant to a bulk sewage 50 treatment Agreement between the District and FWSC; and 52 WHEREAS, FWSC has increased the rates it charged the District for the subject bulk 53 sewage treatment, effective September 20, 1996; and '54 55 WHEREAS, pursuant to the Wastewater Adjustment Clause" in Subsection 3.2 of Collier 56 County Ordinance No. 97-48, these rote increases are to pass-through the cost increases incurred by 57 the District's due to the recent increase in FWSC's rates paid by the District; and 58 1 / 3 WHEREAS, the Board of County Commissioners of Collier County, Florida is the Ex- 4 Officio Governing Board of the Marco Water and Sewer District. 5 6 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 7 COMMISSIONERS OF COLLIER COUNTY,. FLORIDA, AS EX-OFFICIO THE 8 GOVERNING BOARD OF THE MARCO WATER AND SEWER DISTRICT OF 9 COLLIER COUNTY, FLORIDA, that: 10 11 SECTION ONE. AMENDMENTS TO SUBSECTION 3.2. B, 1. OF COLLIER COUNTY 12 ORDINANCE NO. 97-48. 13 14 Subsection 3.2. B. 1. of Collier County Ordinance No. 97-48 is hereby mended to read as 15 follows: 16 Section3.2. Monthly.Rates, Fees and Charges. 17 18 B. Monthly user fees for the Marco Water and Sewer District. 19 20 1. Sewer 21 22 (a) Residential 23 24 - (i) Single family residences, multi-family 25 residences, apartment residences, 26 mobile home residences, 27 Each one bath living unit $20.80 $24.62 28 Each additional bath per living unit ~ $ 5.45 29 30 (b) Non-Residential. Each facility shall be billed 31 based upon the total of the following units 32 _ contained therein. 33 34 (i) Hotel, motel and trailer rental units: 35 Each unit $10.!5 $12.01 36 37 (ii) Commercial, office, institutional, 38 . recreational and industrial toilet units 39 (not to include industrial waste). 40 (Institutional shall include but not be 41 limited to churches, Property owners, 4-2' association facilities, government service 43 facilities, fire stations and schools); 44 Each toilet unit e~: ne $43.74 45 46 (iii) Commercial and coin laundry washer units; 47 Each washer trait ¢~ ~ ca $21.89 48 49 (iv) Restaurant and lounge seating units; 50 Each seating unit $ 3.20 $ 3.79 51 52 53 54 55 Underlined text is added; .......... ~'-~ '~' ..... t~-u text is deleted. 1 2 SECTION TWO. CONFLICT AND SEVERABILITY. 3 4 The provisions of this Ordinance shall be liberally construed to effectively carry out its 5 purposes in the interest of public health, safety, welfare, and convenience. If any section, phrase, 6 sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any court 7 of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent 8 provision, and such holding shall not affect the validity of the remaining portions hereof. 9 10 SECTION THREE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES. 11 12 The provisions of this Ordinance shall become and l~e made a part of the Code of Laws and 13 Ordinances of Collier County, Florida. Sections of the Ordinance may be renumbered or relettered 14 to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other 15 appropriate word. ; 16. 17 SECTION FOUR. EFFECTIVE DATE. 18 19 This Ordinance shall become effectige upon being filed with the Department of State. 20 21 22 PASSED AND DULY adopted by the Board of County Commissioners this __ day of 23 24 ,1999. 25 26 27 BOARD OF COLrNTY COMMISSIONERS 28 ATTEST: COLLIER COUNTY, FLORIDA, AS THE 29 DWIGHT E. BROCK, CLERK EX-OFFICIO GOVERNING BOARD OF THE 30 MARCO WATER AND SEWER DISTRICT 31 32 By: 33 Deputy Clerk 34 35 BY: 36 PAMELA S~ MAC'KiE, CHAIRWOMAN 37 Approved as to form and 38 legal sufficiency: 41 42 Thomas C. Palmer 43 AsSistant County Attorney 44 ord. Amending Ord. No. 97-48. I JUN 0 8 i S S--i ! PC; ~ ~ EXECUTIVE SUMMARY AMENDMENT TO ORDINANCE 90-105, THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD ORDINANCE, BY ADDING STATUTORILY MANDATED CHANGES AND DISCRETIONARY CHANGES RECOMMENDED BY STAFF. OBJECTIVE: To adopt amendments to the Contractors' Licensing Board Ordinance. CONSIDERATION: On October 6, 1998, the Board of County Commissioners authorized the Contractors' Licensing Board ("CLB") to propose amendments to the County's Contractors' Licensing Board Ordinance as required by Florida Statutes and as otherwise recommended by Staff, publish "notice" of a public hearing, and bring the proposed Ordinance back to the Board for a public hearing. Effective June 17, 1998, the Florida Legislature enacted Chapter 98-419, Laws of Florida, which amended several Florida Statutes. Chapter 98-419 applies, among many other things, to several matters under the subject matter jurisdiction of the County's CLB. In that context, Chapter 98-419 requires that Collier County (and all other Florida Counties that have a 'CLB) must amend its Contractors' Licensing Board Ordinance ("CLB ~-,~ Ordinance) as follows: (1) to specify that three members of the CLB must be "consumer representatives," (2) that Mechanical Contractors, Sheet Metal Contractors and Class "A," "B," and "C" Air-conditioning Contractors must be authorized to perform duct cleaning and equipment sanitizing if that work requires at least a partial disassembly of the mechanical system being cleaned; (3) that Swimming Pool/spa Servicing Contractors must be authorized to disassemble pool and spa equipment for water treatment and cleaning; (4) that Underground Utility and Excavation Contractors must be authorized to perform their contracting services through open excavations and other means such as directional drilling, auger boring, jacking and boring, trenchless teChnologies, wet and - dry taps, and slip lining; and (5) that only Electrical Contractors registered with the State may install raceways for alarm systems. Amendm,e. nts not mandated bY Florida Statutes, but recommended by staff (all of which " are listed in the title to the CLB Ordinance) include: (1) amendments throughout as required to apply the CLB Ordinance within the corporate limits of the City of Marco Island; (2) to allow waiver of re-testing requirements to reactivate a dormant certificate if the applicant has been active in the trade in another jurisdiction; (3) to allow Aluminum Contractors to install screen enclosures; (4) to allow Floor Coverings Installation Contractors to install all types of wood floorings; (5) to allow Insulation Contractors to apply sprayed-on fire resistive .materials; (6) adding Paving Blocks Contractors as a new County certificated trade; (7) adding Exterior Covering by Artificial Stucco Systems Contractors as a new County Certified trade; (8) authorizing issuance of restrictive certificates of competency when an applicant has required experience in some, but not all, aspects of the applied for 'trade; (9) applying County's Ordinance No. 86-41 (Pol~~ regarding County Boards) to members appointed or reappointed to the CLB trier the effective date of this amending Ordinance; .(10) authorizing staff to withhol~ iss}:}~ further permits to County certificated applicants who have not promptly paid fines in full to the County and/or who have not fulfilled correctable conditions of prior Collier County permits, including inspections (prior hearing required if the Contractor is State Certified); (11) clarifying the CLB's hearing procedures regarding proving compliance with "notice" requirements; (12) amending requirements prerequisite to re-hearings before the CLB and prerequisite to requesting that a court grant appellate-type review of any decision by the CLB; and (13) authorizing issuance of subpoenas. FISCAL IMPACT: None: nominal increases in application fee receipts generated by the two additional County certificated trades will most likely be experienced. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners adopt the proposed Ordinance Amendments to the Contractors' Licensing Board Ordinances as mandated by Chapter 98-419, Laws of Florida, plus discretionary amendments recommended by Staff. - PREARED BY: ~ ,~ ~ Date: T6'm Bartoe - Licensing Compliance Officer Building Review an~t P~ermittir]g I~VIEWED BY - . , _:-c .~. Date Ed Perico, Director APPROVED ' Date: ~incen{ A.~Cautero, AICP, Administrator Community Development & Environmental Services Division 1999 ' ! ORDINANCE NO. 99- 2 :3 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 90-105, AS 4 AMENDED, THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD 5 ORDINANCE; APPLYING THIS ORDINANCE WITHIN THE CITY OF MARCO ISLAND; 6 AMENDING SECTION 1.4.9 REGARDING REACTIVATING A DORMANT CERTIFICATE; ? AMENDING SECTION 1.6.1.1 TO LIMIT SERVICES THAT MAY BE PERFORMED BY A 8 GENERAL CONTRACTOR AS NOW OR HEREAFTER RESTRICTED BY FLORIDA 9 STATUTES; AMENDING SECTION 1.6.2.1 TO ADD DUCT CLEANING AND l0 SANITIZING AS AUTHORIZED SERVICES FOR SHEET METAL CONTRACTORS; ll AMENDING SECTION 1.6.2.3 TO AUTHORIZE SPECIFIED DUCT CLEANING AND 12 SANITIZING FOR MECHANICAL CONTRACTORS; AMENDING SECTION 1.6.2.4 TO ~3 AUTHORIZE SPECIFIED DUCT CLEANING AND SANITIZING FOR CLASS A AIR 14 CONDITIONING CONTRACTORS; AMENDING SECTION 1.6.2.5 TO AUTHORIZE ~5 SPECIFIED DUCT CLEANING AND SANITIZING FOR CLASS B AIR CONDITIONING 16 CONTRACTORS; AMENDING SECTION 1.6.2.6 TO AUTHORIZE SPECIFIED DUCT l? CLEANING AND SANITIZING FOR CLASS C AIR CONDITIONING CONTRACTORS; 18 AMENDING SECTION 1.6.2.8.1' TO DELETE OBSOLETE GRANDFATHERING ~9 PROVISION; AMENDING SECTION 1.6.2.12 TO ADD THAT ELECTRICAL 20 CONTRACTORS WHO ARE REGISTERED WITH THE STATE MAY CONSTRUCT 2! RACEWAYS FOR ALARM SYSTEMS; AMENDING SECTION 1.6.2.9.1 TO AUTHORIZE 22 SWIMMING POOUSPA SERVICING CONTRACTORS TO DISASSEMBLE CERTAIN 23 EQUIPMENT FOR CLEANING POOL OR SPA OR TREATING WATER; ADDING 24 "SCREEN ENCLOSURES" TO SECTIONS 1.6.3.2. AND 1.6.3.3; AMENDING DEFINITION 25 OF "ALARM SYSTEM" IN SECTION 1.6.3.4; EXTENDING SECTION 1.6.3.20 TO ALL 26 TYPES OF WOOD FLOORING; ADDING "SPRAYED-ON FIRE RESISTIVE MATERIALS" 2? TO SECTION 1.6.3.23; ADDING PREVIOUSLY "RESERVED" SECTION 1.6.3.29 NOW 28 ENTITLED "PAVING BLOCKS CONTRACTOR"; ADDING PREVIOUSLY "RESERVED~ 29 SECTION 1.6.3.39 - NOW ENTITLED "EXTERIOR COVERING BY ARTIFICIAL STUCCO 30 SYSTEM CONTRACTOR"; AMENDING SECTION 1.6.3.47 TO AUTHORIZE 3! UNDERGROUND UTILITY AND EXCAVATION CONTRACTORS TO PERFORM 32 SERVICES BY SPECIFIED MEANS, TO INSTALL SLEEVES FOR PARKING LOT 33 CROSSINGS AND TO INSTALL SPECIFIED NON-ELECTRICAL UNDERGROUND · 34 CONDUITS; AMENDING SECTION 2.9 CHANGING "INACTIVE" TO "DORMANT"; 35 AMENDING SECTION 2-10 RESTRICTED CERTIFICATES OF COMPETENCY; 36 AMENDING SECTION 3.1.1 TO REQUIRE THAT THREE MEMBERS OF THE CLB MUST 37 BE CONSUMER REPRESENTATIVE MEMBERS; AMENDING SECTION 3.1.2 TO 35 INCORPORATE BY REFERENCE MOST PROVISIONS OF ORDINANCE NO. 86-41, AS 39 AMENDED; DELETING SECTIONS 3.1.3 AND 3.1.4; CLARIFYING SECTION 4.2.3 - "- 40 FRAUD AND OTHER INTENTIONAL VIOLATIONS IN OTHER JURISDICTIONS; 41 AMENDING SUBSECTION 4.3.4.4 - ~NOTICE" TO. CONTRACTORS; ADDING 42 SUBSECTIONS (d) AND (e) TO SECTION 4.3.1 TO AUTHORIZE STAFF TO DENY 43 ISSUING PERMITS AND OTHER AUTHORIZATIONS TO COUNTY CERTIFICATED 44 PERSONS WHO FAIL TO PROMPTLY PAY A PENALTY UNDER THIS ORDINANCE OR 45 WHO FAIL TO COMPLY WITH ANY CURABLE PERMIT CONDITION; ADDING 46 SUBSECTION (f) TO SECTION 4.3.1 - DENIAL OF ISSUANCE OF A PERMIT TO A STATE 4? CERTIFICATED CONTRACTOR REQUIRES A PUBLIC HEARING; AMENDING SECTION 48 5.1 REHEARINGS AND APPELLATE-TYPE REVIEW BY A COURT; ADDING A NEW 49 SECTION 5.2.3 - SUBPOENAS; PROVIDING FOR CONFLICT AND SEVERABILITY; 5o PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; 51 PROVIDING AN EFFECTIVE DATE. $2 53 WHEREAS, effective October 1, 1998, the Florida Legislature enacted Chapter 98- 54 419, Laws of Florida, amending several Florida Statutes that control regulation of most 55 contractor trades regulated by the County's Contractors' Licensing Board; and -l- JUN 0 1999 Words underlined are added; words ............. ...... u .k ..... o..k are deleted. pg. ~,~ I WHEREAS, some of those statutory amendments mandate that amendments must be 2 made to this Ordinance (in the following Sections): 1.6.2.1., 1.6.2.3., 1.6.2.4., 1.6.2.5., 3 1.6.2.6., 1.6.2.9.1., 1.6.2.12., 1.6.3.3., 1.6.3.4., 1.6.3.47, and. 3.1.1; and 4 WHEREAS, other provisions of this Ordinance are being amended at the discretion .~ of the Board of County Commissioners upon recommendations from Staff, including 6 applying this Ordinance to the City of Marco Island in conjunction with a interlocal ? agreement between the County and that City. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY l0 COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: ll SECTION ONE: ORDINANCE NO. 90-105, AS AMENDED, IS HEREBY AMENDED 12 AS FOLLOWS: 13 PART ONE: CERTIFICATES OF COMPETENCY REQUIRED. 14 1.1. Unlawful to Contract without a Certificate of Competency. It shall be 15 unlawful for any person, firm, partnership, corporation or other legal entity to: engage in 16 any construction contracting business, advertise or represent himself/herseif or a business l? organization as available to engage in any construction contracting business, or act in the ~ 8 capacity of a contractor or subcontractor for any of the trades listed in Section 1.6 of this 19 Ordinance, within the unincorporated area of Collier County and the incorporated area 2o within the boundaries of the City of Naples and within the City of Marco Island. without 21 having first made application for and having been issued a current and valid Collier 22 County/City of .~:p[:: Certificate of Competency or an applicable State Certified License. 23 Nothing herein shall be construed to mean that there cannot be employees in a trade who 24 are not qualified or certified within the definitions herein set forth if such employees are 25 employed by a licensed contractor who exercises supervision and control over said 26 employees, indicia of an employment relationship shall include the employer's regular 2? payment of wages and compensation, FICA deductions, tax withholding and provision of 28 Workers' Compensation to the employees, all as prescribed by law. 29 1.2. Building Permits. 30 1.2.1. No building permit shall be issued for the construction, alteration, or repair 3! of any structure unless the applicant for the permit possesses a current Collier County/City 32 v,^~ .~'~'.u~.~ Certificate of Competency, an applicable State Certified License, or is exempt 33 from the operation of this Ordinance. 34 1.2.2. It shall be unlawful for any owner-builder to procure a building permit and to 35 use said permit with the intent to aid or abet an unlicensed contra tor toAl~l~ll~ JUN 0 8 19 9 Words underlined are added; words ...... ~ '~- ..... ~- ............. ~,.. are delete( P~. il/ 1 permitted construction, alteration, or repair. Such conduct shall be punishable as a 2 violation of this Ordinance and the permit and inspection shall be considered invalid for 3 that portion of the construction related to the violation. 4 1.3. Exemptions. 5 1.3.1. Owner-Builders. Owners of property when acting as their own contractor 6 and providing all material supervision themselves, when building or improving farm ? outbuildings or one-family or two-family residences on such property for the occupancy or 8 use of such owners and not offered for sale or lease. In all actions brought under Section 9 1.1 of this Ordinance, proof of the sale or lease, or offering for sale or lease, of a structure lo by the owner-builder within 12 months after issuance of a Certificate of Occupancy is ll prima facie evidence that the construction was undertaken for purposes of sale or lease· 12 This does not exempt any person who is employed by such owner and who acts in the ~3 capacity of-a contractor. This exemption does not apply to any type of commercial 14 building. To qualify for exemption under this Subsection, an owner must personally ~5 appear and sign the building permit application. An owner-builder will be issued a 16 maximum of one (1) owner-builder permit for the construction of a one-family or l? two-family home in any three (3) year period. An owner-builder applying for or receiving 18 more than one Building Permit for the construction of a one-family or two-family home in 19 any three (3) year period shall be prima facie evidence of building/contracting without a 2o license which is a violation of this ordinance. 21 1.3.2. Public Works· The provisions of this Ordinance shall not apply to: any 22 construction, alteration, improvement, or repair carried on within the limits of any site the 23 title to which is in the United States or with respect to which federal law supersedes this 24 Ordinance; or to an authorized employee of the United States, [his State, or any 25 municipality, county, or other political subdivision if the employee does not hold himself 26 out for hire or otherwise engage in contracting except in accordance with his employment. . 2'/ 1.3.3. Persons Holding Current State Certified Certificates of Competency. ' Any - 28 person holding a current State of Florida Certified Certificate of Competency is exempt 29 from obtaining a Collier County/City of ?]=p!:: Certificate of Competency for that trade for 30 which he/she is certified by the State, unless a local license is also required. Such person 31 is required to possess a current occupational license issued by the Tax Collector of Collier 32 County, and his/her performance as a-contractor shall be subject to all other requirements 33 of this Ordinance not in conflict with applicable Florida law. 34 35 AC~:J4DA ITEl -3- JUN 0 8 1999 Words added are und~l~; words deleted are :L'"-':~ Pg. 1 1.4. Renewal of Certificates of Competency. 2 1.4.1. Certificates of Competency shall expire annually at midnight on September 3 30th of each year. 4 1.4.2. The Contractor Licensing Supervisor shall direct the mailing of renewal 5 notices to all licensed contractors at least one month prior to the expiration date of the 6 licenses. ? 1.4.3. Applicants for renewal must present the Contractor Licensing Supervisor or 8 his/her designee with the following: 9 A. Evidence of insurance as required by this Ordinance. 10 B. A current Collier County and/or Cityv, ^~ .~'-~r.u~.,~ occupational license, 11 as applicable. 12 1.4.4. Any individual or business organization failing to renew his or 'its Certificate 13 of Competency prior to midnight on September 30th of each year shall have until midnight 14 December 31st of the same year to renew his or its Certificate of Competency, provided 15 however, that in addition to payment of the standard renewal fee as required by this 16 Ordinance, the applicant shall be charged a late fee in accordance with the schedule of I? fees and charges adopted by resolution pursuant to Section 2.1.5 of this Ordinance. 18 1.4.5. Should September 30th or December 31st be a Saturday, Sunday, or legal 19 holiday, the renewal period shall not expire until midnight of the next working day. 20 1.4.6. Any individual failing to renew his Certificate of Competency prior to 21 December 31st shall be required to make reapplication pursuant to Part Two of this 22 Ordinance. 23 1.4.7 Any individual who fails to renew his/her Certificate of Competency prior to 24 December 31 of the year in which it expires shall have a delinquent Certificate of 2.~ Competency. · 26 1.4.8 Any individual who renews his/her Certificate of Competency by September 27 30 of the year following its expiration, but after December 31 of that year, shall have a 28 suspended Certificate and thereby must pay an additional late fee in_accordance with the 29 schedule of fees and charges adopted by Resolution pursuant to Section 2.1.5 herein, and 30 must reapply in_full including updated credit reports and all other documentation required 31 in Section 2 herein, but no re-testing shall be required. 32 1.4.9. Any individual who fails to renew his/her Certificate of Competency prior to 33 December 31 of the year following its expiration shall thereby automatically have a 34 Certificate of Competency that is null and void. To acquire a valid Certificate from the 35 County the individual must pay the then applicable full application fee inlaccorc~-~tl~tlli~J~ I JUN 0 8 Words added are ~ words deleted are =L~"c-~ I ! the schedule of fees and charges adopted by Resolution pursuant to Section 2.1.5 herein, 2 and must submit an entire new application. If, as of the date of receipt by the County of 3 said new application, three (3) years have passed since the date of his/her most recent 4 examination that the individual passed to acquire the former Certificate, that individual 5 must pass all then applicable testing requirements. If the request is to reactivate a dormant 6 certificate, the re-testing requirement can be waived by staff if the applicant proves that ? he/she has been active in the trade in another !urisdiction. or has been active as an 8 inspector or investigator in the trade, or for other valid reason that would render such re- 9 testin_~ superfluous. 10 1.5. Contractors' Identification Required on all Advertising Mediums. 1! 1.5.1. All contractors licensed under the provisions of this Ordinance shall be 12 required to firmly affix and/or to display the qualifier's Certificate of Competency Number 13 and the "Doing Business As" Name on all advertising mediums used by the contractor, 14 including but not limited to, contracts, brochures, business cards and vehicles used in their 15 trade or business. The minimum height of each number or letter affixed to and displayed 16 on vehicles shall be two (2) inches. 17 1.6. Definitions and Contractor Qualifications. 18 1.6.1. Contractor means the person who is qualified for and responsible for the 19 entire project contracted for and, except for those herein exempted, the person who, for 20 compensation, undertakes to, or submits a bid to, or does himself or by others, any or all of 21 the following construct, repair, alter, remodel, add to, demolish, subtract from, or improve 22 any building or structure, including related improvements to real estate, for others, or for 23 resale to others, as hereinafter defined in Sections 1.6.1 through 1.6.3 of this Ordinance. 24 1.6.1.1. General Contractor requires forty-eight (48) months experience with a 25 passing grade on a six (6) hour test and a two (2) hour business and law test and means a 26 contractor whos~ services ar~'unlimited as to the type oi'v~cgrk which he/she may do, 2? except as provided in this Ordinance or in the Florida Statutes. 28 NOTE: Also see Sect. 1.6.2. 29 1.6.1.2. Building Contractor requires forty-eight (48) months experience with a 30 passing grade on a six (6) hour test and a two (2) hour business and law test and means a 31 contractor whose services are limited to construction of commercial buildings and 32 single-dwelling or multiple-dwelling residential buildings, which commercial or residential 33 buildings do not exceed three stories in height, and accessory use structures in connection 34 therewith or a contractor whose services are limited to remodeling, repair, or improvement ACtA JUN 0 8 1999 Words added are underlined; words deleted are :~.:'ck ! of any size building if the services do not affect the structural members of the building. 2 NOTE: Also see Sect. 1.6.2. 3 1.6.1.3. Residential Contractor requires forty-eight (48) months experience with a 4 passing grade on a six (6) hour test and a two (2) hour business and law test and means a 5 contractor whose services are limited to construction, remodeling, repair, or improver~ent 6 of one-family, two-family, or three-family residences not exceeding two stories in height ? and accessory use structures in connection therewith. 8 NOTE: Also see Sect. 1.6.2. 9 1.6.1.4. Contractor qualifications for practice and restrictions. A general, building, 10 or residential contractor shall not be required to subcontract the installation, or repair made ]1 under warranty, of wood shingles, wood shakes, asphalt or fiberglass shingle roofing ]2 materials on a new building of his own construction. Further, a general contractor on new ]3 site development work, site redevelopment work, mobile home parks, and commercial ]4 properties, shall not be required to subcontract the construction of the main sanitary sewer ]5 collection system, the storm water collection system, and the water distribution system, not ]6 including the continuation of utility lines from the mains to the buildings. Further, as to ]7 mobile home parks, the general contractor shall not be required to subcontract the 18 continuation of utility lines from the mains, and the continuations are to be considered a 19 part of the main sewer collection and main water distribution systems. However, no 2o general, building or residential contractor state certified after 1973, shall act as, hold 2] himself/herself out to be, or advertise himself/herself to be a roofing contractor unless 22 he/she is certified or registered as a roofing contractor. 23 1.6.1.S. A general, building, or residential contractor, except as otherwise 24 provided in this part, shall be responsible for any construction or alteration of a structural 25 component of a building or structure, and any certified general contractor or certified 26 underground u_tility and excavation contractor may perform clearing and grubbing, grading, 27 excavation, and other site work for any construction project in the state. Any certified 28 building contractor or certified residential contractor may perform clearing and grubbing,. 29 grading, excavation, and other site work for any construction project in this state, limited to 3o the lot on which any specific building is located. 3] 1.6.1.6. A general contractor shall not be required to subcontract structural 32 swimming pool work. 33 1.6.2. Subcontracting; Subcontractors. A contractor shall subcontract the electrical, 34 mechanical, plumbing, roofing, sheet metal, swimming pool, and air conditioning work for 35 which a local examination for a C~rtificate of Competency or a license ~ ,~lU~i~Nl~j~I Words.ddedareunded~d; wol'dsdeleted~e:~:~'~-::~. JUN 0 8 1999 p~,. oO ! such contractor holds a Certificate of Competeno/ or license of the respective trade 2 category, as required by the appropriate local authority, 3 1.6.2.1. Sheet Metal Contractor requires twenty-four (24) months experience and a 4 passing grade on a three (3) hour test and a passing grade on a two (2) hour business and 5 law test and means any person whose services are unlimited in the sheet metal trade and 6 who has the experience, knowledge, and skill necessary for the manufacture, fabrication, ? assembling, handling, erection, installation, dismantling, conditioning, adjustment, 8 insulation, alteration, repair, servicing, or design, when not prohibited by law, of ferrous or 9 nonferrous metal work of U.S. No. 10 gauge or its equivalent or lighter gauge and of other 10 materials, including, but not limited to, fiberglass, used in lieu thereof and of air-handling ]! systems including the setting of air-handling 12 equipment and reinforcement of same and including the balancing of air-handling systems 13 and any duct cleanin_~ and equipment sanitizin_~ which requires at least a partial ]4 disassembly of the system. This definition and qualifications does not include roofing. 15 1.6.2.2. Roofing Contractor requires thirty-six (36) months experience, a passing 16 grade on a three (3) hour test and a passing grade on a two (2) hour business and law test 17 and means any person whose services are unlimited in the roofing trade and who has the 18 experience, knowledge, and skill to install, maintain, repair, alter, extend, or design, when 19 not prohibited by law, and use materials and items used in the installation, maintenance, 20 extension, and alteration of all kinds of roofing and roof waterproofing and coating, except 2! when coating is not represented to protect, repair, waterproof, stop leaks, or extend the life 22 of the roof. 23 1.6.2.3. Mechanical Contractor requires forty-eight (48) months experience as a 24 licensed Journeyman or equivalent, a passing grade on a six (6) hour test and a passing 25 grade on a two (2) hour business and law test and means any person whose services'are 26 unlimited in the execution of contracts requiring the experience, knowledge, and skill to 2'/ install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, 28 central air conditioning, refrigeration, heating, and ventilating systems, including duct 29 work in connection with a complete system only to the extent such duct work is performed 30 by the contractor as is necessary to make complete an air-distribution system, boiler and 31 unfired pressure vessel systems, lift station equipment and piping, and all appurtenances, 32 apparatus, or equipment used in connection therewith; and any duct cleaning and 33 equipment sanitizin_~ which requires at least a partial disassembly of the system; and to 34 install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, 35 piping, insulation of pipes, vessels and ducts, pressure and process p ~,I,,~, Words added ar~ ~derl~ words deleted are ~-'=~ ~::gh. J U N 0 8 1999 ! control piping, gasoline tanks and pump installations and piping for same, standpipes, air 2 piping, vacuum line piping, oxygen lines, nitrous oxide piping, ink and chemical lines, fuel 3 transmission lines, and natural gas fuel lines within buildings; to disconnect or reconnect 4 power and Iow voltage heating, ventilating, and air conditioning control wiring on the load 5 side of an existing electrical disconnect switch; and to install a condensate drain from an 6 air conditioning unit to an existing safe waste or other approved disposal other than a ? direct connection to a sanitary system. The scope of work for such contractor shall also 8 include any excavation work incidental thereto, but shall not include any work such as 9 liquefied petroleum gas fuel lines within buildings, potable water lines or connections ]0 thereto, sanitary sewer lines, swimming pool piping and filters, or electrical power wiring. ti 1.6.2.4. Class A Air Conditioning Contractor requires thirty-six (36) months 12 experience as a licensed Journeyman or equivalent with a passing grade on a six (6) hour 13 test and a pa~sing grade on a two (2) hour business and law test and means any person 14 whose services are unlimited in the execution of contracts requiring the experience, 15 knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or design, when 16 not prohibited by law, central air conditioning, refrigeration, heating, and ventilating 17 systems, including duct work in connection with a complete system only to the extent such 1~ duct work is performed by the contractor as is necessary to make complete an air 19 distribution system, boiler and unfired pressure vessel systems and all appurtenances, 2o apparatus, or equipment used in connection therewith; and any duct cleanine aqd 2] equipment sanitizing which requires at least a partial disassembly of the system; to install, 22 maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, piping, 23 insulation of pipes, vessels and ducts, pressure and process piping, and pneumatic control 24 piping; to disconnect or reconnect power wiring and Iow voltage heating, ventilating, and 25 air conditioning control wiring on the load side of an existing electrical disconnect switch; 26 and to install a Condensate d~ain from an air conditioning unit to an existing safe waste or 27 other approved disposal other than a direct connection to a sanitary system. The scope of 28 work for such contractor shall also include any excavation work incidental thereto, but 29 shall not include any work such as liquefied petroleum or natural gas-fuel lines within 3o buildings, potable water lines or connections thereto, sanitary sewer lines, swimming pool 31 piping and filters, or electrical power wiring on the line side of the disconnect switch. 32 1.6.2.5. Class B Air Conditioning Contractor requires thirty-six (36) months 33 experience as a licensed Journeyman or equivalent with a passing grade on a six (6) hour :~4 test and a passing grade on a two (2) hour business and law test and means any person 35 whose services are limited to twenty-five (25) tons of cooling and five h md,~dA~l~.M Words added are ~; words deleted are :'.:-.'ck ~=ug.h. JUN 0 8 1999 1 (500,000) BTU of heating in any one system in the execution of contracts requiring the 2 experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or 3 design, when not prohibited by law, central air conditioning, refrigeration, heating, and 4 ventilating systems, including duct work in connection with a complete system only to the s extent such duct work is performed by the contractor as is necessary to make complete an 6 air distribution system being installed under this classification; and any duct cleanin_e and ? e~lUipment sanitizin~ which requires at least a partial disassembly of the system; to install, 8 maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, piping and 9 insulation of pipes, vessels, and ducts; to disconnect or reconnect power wiring and Iow 10 voltage heating, ventilating, and air conditioning control wiring on the load side of an 1! existing electrical disconnect switch; and to install a condensate drain from an air 12 conditioning unit to an existing safe waste or other approved disposal other than a direct 13 connection t~ a sanitary system. The scope of work for such contractor shall also include 14 any excavation work incidental thereto, but shall not include any work such as liquefied 15 petroleum or natural gas fuel lines within buildings, potable water lines or connections 16 thereto, sanitary sewer lines, swimming pool piping and filters, or electrical power wiring 17 on the line side of the disconnect switch. ].S 1.6.2.6. Class C Air Conditioning Contractor requires twenty-four (24) months 19 experience as a licensed Journeyman or equivalent with a passing grade on a six (6) hour 20 test and a passing grade on a two (2) hour business and law test and means any person 21 whose business is limited to the servicing of air conditioning, heating, or refrigeration 22 systems, including duct alterations in connection with those systems he/she is servicing 23 which may include duct cleanin~ and equipment sanitizin_~ which requires at least a partial 24 disassembly of the system. 25 1.6.2.6.1. Journeyman Air Conditioning License Holder requires four (4) years as 26 apprentice, a passing grade on a six (6) hour test, and means those qualified to peffgrm 27 work in the Air Conditioning Trade while employed or supervised by an air conditioning or 28 mechanical contractor. This provision does not apply to any individual who then holds a 29 valid, active journeyman's license in the mechanical trade and that license was issued by 30 any Florida County or Florida Municipality when that licensee complied with all 31 reciprocity criteria of Section 489.1455, F.$. 32 1.6.2.7. Commercial Pool/Spa Contractor requires thirty-six (36) months experience 33 with a passing grade on a three (3) hour test and a passing grade on a two (2) hour business 34 and law test and means any person whose scope of work involves, but is not limited to, the 35 construction, repair, water treatment, and servicing of any swimming pool Dr not ~I~A ] spa, whether public, private, or otherwise, regardless of use. The scope of such work 2. includes layout, excavation, operation of construction pumps for dewatering purposes, 3 steelwork, installation of light niches, construction of floors, guniting, fiberglassing, 4 installation of tile and coping, installation of river rock, Spray Crete®, Keystone®, and 5 other substantially similar types of deck coatings in conjunction with the construction of 6 the deck, application of Marcite® or other similar types of coatings to the interior of the ? pool, spa or other water structure, installation of all perimeter and filter piping, installation 8 of all filter equipment and chemical feeders of any type, plastering of the interior, 9 construction of decks, construction of equipment rooms or housing for pool equipment, ]0 installation and/or construction of waterfalls and fountains, and installation of package pool 11 heaters. However, the scope of such work does not include direct connections to a 12 sanitary sewer system, potable water lines or to any electrical installation. 13 1.6.2.8. Residential Pool/Spa Contractor requires twenty-four (24) months ]4 experience with a passing grade on a three (3) hour test and a passing grade on a two (2) 15 hour business and law test and means any person whose scope of work involves, but is not 16 limited to, the construction, repair, water treatment, and servicing of any residential 17 swimming pool or hot tub or spa, regardless of use. The scope of such work includes 18 layout, excavation, operation of construction pumps for dewatering purposes, steelwork, ]9 installation of light niches, construction of floors, guniting, fiberglassing, installation of tile 20 and coping, installation of river rock, Spray Crete®, Keystone®, and other substantially 21 similar types of deck coatings in conjunction with the construction of the deck, application 22 of Marcite® or other similar types of coatings to the interior of the pool, spa or other water 23 structure, installation of all filter equipment and chemical feeders of any type, plastering of 24 the interior, construction of decks, installation of housing for pool equipment, installation 25 and/or construction of waterfalls and fountains, and installation of package pool heaters. 26 However, the scope of.such work does not include direct connections to a sanitary sewer 2'/ system, potable water lines or to any electrical installations. 28 1.6.2.8.1. Non-Recreational Pond Waterfall Fountain Contractor requires twenty- 29 four (24) months experience with a passing grade on a two (2) hour business and law test 30 and means any person whose scope of work is limited to the construction of non- 31 recreational ponds, waterfalls and/or fountains. However, the scope of such work does not 32 include direct connections to a sanitary sewer system, potable water lines, or to any 33 electrical installation, r-^.,...~ ...... ~.~ k:l,-~ ~ ....... ~. ~'~11::. 34 other :[m![:r ~:[or :u'thcriz~t~cn by t.h= C:'~.".~; f=r th~: =[=~=[f!c=t!=.-. ~.". t.h= ::ff=.'-t.i;,e d~te of -1¢ JUN 0 8 1999 Words added are underlinedj words deleted are :'-".:ok ......... ~. ........ to:ting ..... q ........ 3 whc foiled tcfi!: hi'~cr =ppllc=ticn or. cr bsfcrs Dsssmber 3!, 1997, 4 1.6.2.9. Swimming Pool/Spa Servicing/Repair Contractor requires 24 months 5 experience with a passing grade on a three (3) hour test and a passing grade on a two (2) 6 hour business and law test and means any person whose scope of work includes servicing, ? repair, maintenance, or water treatment of any public or private swimming pool, hot tub or 8 spa, and, subject to Section 487.0437, F.$., may include direct infusion of chlorine gas. 9 The scope of such work may include any necessaw piping and repairs, replacement and lo repair of existing equipment, or installation of new additional equipment as necessary. Il The scope of such work includes the reinstallation of tile and coping, repair and ]2 replacement of all piping, filter equipment, and chemical feeders of any type, replastering, 13 reconstruction of decks, and reinstallation or addition of pool heaters. 14 1.6.2.9.1. Swimming Pool/Spa Servicing Contractor requires twenty-four (24) 15 months experience with a passing grade on a two (2) hour business and law test and means 16 any person whose scope of work includes servicing or water treatment of any public or l? private swimming pool, hot tub or spa, and, subject to Section 487.0437, F.$., may include 18 direct infusion of chlorine gas. These contractors may disassemble equipment permanently 19 attached to or associated with the respective pool or spa for the purpose of water treatment 20 or cleaning the pool or spa. 21 1.6.2.10. Journeyman Plumber License Holder requires (4) years as apprentice, a 22 passing grade on a six (6) hour test, and means those qualified to perform work in the 23 plumbing trades while employed or supervised by a plumbing contractor. This 24 provision does not apply to any individual who then holds a valid, active journeyman's 25 license in the plumbing trade and that license was issued by any Florida County or Florida 26 Municipality when that_licensee complied with all reciprocity criteria of Section 489.1455, 27 F.$. 28 1.6.2.11. Plumbing Contractor requires twenty-four (24) months experience .as a 29 licensed Journeyman or equivalent with a passing grade on a six (6) hour test and a passing .3o grade on a two (2) hour business and law test and means any person whose contracting 31 business consists of the execution of contracts requiring the experience, financial means, 32 knowledge, and skill to install, maintain, repair, alter, extend, or when not prohibited by 33 law, design plumbing. A plumbing contractor may install, maintain, repair, alter, extend, 34 or, when not prohibited by law, design the following without obtaining any additional 35 local regulatory license, certificate, or registration: sanitary drainage or st~ rm dr~.i~l~AI JUN 0 8 1999 Words added are underlined: words deleted are ~'~:"~.:':~ ! facilities; venting systems; public or private water supply systems; septic tanks; drainage 2 and supply wells; swimming pool piping; irrigation systems; or solar heating water systems 3 and all appurtenances, apparatus, or equipment used in connection therewith, including 4 boilers and pressure process piping and including the installation of water, natural gas 5 (excluding liquid petroleum gases), and storm and sanitary sewer lines; and wate'r and 6 sewer plants and substations. The scope of work of the plumbing contractor also includes ? the design, when not prohibited by law, and installation, maintenance, repair, alteration, or 8 extensions of air-piping, vacuum line piping, oxygen line piping, nitrous oxide piping, and 9 all related medical gas systems; fire line standpipes and fire sprinklers to the extent !0 authorized by applicable law; ink and chemical lines; fuel oil and gasoline piping, except !! bulk storage plants; and pneumatic control piping systems, all in such a manner as to !2 comply with all plans, specifications, codes, laws, and regulations applicable. The scope !3 of work of 'the plumbing contractor shall apply to private property and public property, 14 shall include any excavation work incidental thereto, and shall include the work of the 15 specialty plumbing contractor. Such contractor shall subcontract, with a qualified 16 contractor in the field concerned, all other work incidental to the work but which is !? specified herein as being the work of a trade other than that of a plumbing contractor. !8 1.6.2.11.1. Journeyman Electrician requires four (4) years as an apprentice, a 19 passing grade on a six (6) hour test, and means those persons qualified to perform work in 20 the electrical trades while employed or supervised by an electrical contractor. This 21 provision does not apply to any individual who then holds a valid, active journeyman's 22 license in the electrical trade and that license was issued by any Florida County or Florida 23 Municipality when that licensee complied with all reciprocity criteria of Section 489.5335, 24 F.S. 25 1.6.2.12. Electrical Contractor requires twenty-four (24) months experience as a 26 licensed Journeyman or equivalent with a passing grade on a six (6) hour test and a pas_sing ' - 27 grade on a two (2) hour business and law test and means a person who conducts bu;;iness ' 28 in the electrical trade field and who has the experience, knowledge, and skill to install, 29 repair, alter, add to, or design, in compliance with law, electrical wiring, fixtures, 30 appliances, apparatus, raceways (includin_~ alarm system raceways if the contractor is then 3! re_~istered with the State), conduit, or any part thereof, which generates, transmits, 32 transforms, or utilizes electrical energy in any form, including the electrical installations 33 and systems within plants and substations, all in 'compliance with applicable plans, 34 specifications, codes, laws, and regulations. The term means any person, firm, or 3.s corporation that engages in the business of electrical contracting under :,. ~,~k'&~_.j~ ITEM -12- Words.ddedarelmderlinell;wordsdeletedal-e=~__.=k,~.~-:::;~. JUN 0 D 1999 1 implied contract; or that undertakes, offers to undertake, purports to have the capacity to 2 undertake, or submits a bid to engage in the business of electrical contracting; or that does 3 itself or by or through others engage in the business of electrical contracting. The term 4 electrical contractor does not qualify any person, firm or corporation for the installation of 5 fire alarms which requires a separate state license. 6 1.6.3. Specialty Contractor means any person who assumes responsible charge and ? direction in the performance of construction work requiring special skills, and whose 8 principle contracting business involves the use of specialized building trades and crafts 9 usually a minor part of a complete structure. Available categories of Specialty Contractors 10 and their requirements are: 11 1.6.3.1. Acoustical Contractor requires twenty-four (24) months experience with a 12 passing grade on a two (2) hour business and law test and means any person who is 13 qualified to install, maintain, repair, and alter acoustical materials. The scope of work 14 permitted under this classification shall include, but not be limited to, the installation of 15 grid work used to support acoustical panels, including luminous ceiling panels. 16 1.6.3.2. Aluminum Contractor Including Concrete requires twenty-four (24) months l? experience with a passing grade on a three (3) hour test and a passing grade on a two (2) 18 hour business and law test and means those who are qualified to fabricate, install, 19 maintain, repair, alter, or extend accessories such as metal and vinyl siding, awnings, 2o security shutters, gutters, soffits and prefabricated rooms and portable metal or vinyl 21 partitions. These contractors may form, place on grade reinforcing steel and miscellaneous 22 steel, and pour, place, and finish non-structural concrete incidental to an aluminum 23 accessory structure only, on grade only, and screen enclosures. 24 1.6.3.3. Aluminum Contractor requires twenty-four (24) months experience with a 25 passing grade.on a three (3) hour test and a passing grade on a two (2) hour business-and 26 law test and means those who are qualified to fabricate, install, maintain, repair, alter, or 2? extend accessories such as metal and vinyl siding, awnings, security shutters, gutters, soffits 28 and prefabricated rooms, screen enclosures, and portable metal or vinyl partitions. 29 1.6.3.4. Alarm System Contractor requires twenty-four (24) months experience with 30 a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and 31 law test and means a person whose business includes the execution of contracts requiring 32 the ability, experience, science, knowledge, and skill to lay out, fabrica:te, install, maintain, 33 alter, repair, monitor, inspect, replace, or service alarm systems for compensation. 34 a. Alarm System Contractor I means an alarm system contractor Whose 35 business includes all types of alarm systems for all purposes. AGE:NOA IT '~' JUN 0 8 1999 Words added arc undedL~ed; ~,ords deleted ~c :~.':k Pg. I b. Alarm System Contractor II means an alarm system contractor whose 2. business includes all types of alarm systems other than fire, for all purposes. 3 c. Alarm System means any electrical device, si_~nalin~ device, or 4 combination of electrical devices used to sienal or detect a 5 ~n th= ::'=~t cf a burglary, fire, robbery, or medical emergent3', cr 6 d. Burglar Alarm Contractor means an alarm system contractor whose ? business is limited to the installation of burglar alarms in single-family homes and 8 two-family homes, mobile homes, and small commercial buildings having a square footage 9 of not more than 5,000 square feet. 10 1.6.3.5. Cabinet Installation Contractor requires twenty-four (24) months 1! experience with passing grade on a two (2) hour business and law test and means any 12 person who is qualified to manufacture, assemble, install, dismantle, maintain, adjust, 13 alter, extend, and design cabinets and millwork. The scope of permitted work shall 14 include, but not be limited to kitchen cabinets, bathroom vanities, accessory cabinets, 15 counter tops, office furniture, and millwork items which have been manufactured for 16 installation on job site locations. 17 1.6.3.6. Carpentry Contractor requires thirty-six (36) months experience with a 18 passing grade on a three (3) hour test and a passing grade on a two (2) hour business and ]9 law test and means those who have the knowledge and skill to install any wood and metal 20 products including, but not limited to, rough framing, wood structural wood and metal 2] non-structural trusses, sheathing, paneling, trim, metal framing, and cabinetry. 22 1.6.3.7. Garage doors Installation Contractor requires twelve (12) months 23 experience with a passing grade on a two (2) hour business and law test and means any 24 person who is qualified to install, repair, adjust or extend garage doors. 25 1.6.3.8. Commercial Cooking Equipment Exhaust Hood Installation Contractor 26 means any person who possesses a valid license as an Air Conditioning Contractor, Class A 27 or B; a Sheet Metal Contractor; or a Mechanical Contractor; and who is qualified to install 28 exhaust hoods, duct work, replacement air, exhaust fans, and grease filters. If any hood 29 which is to be installed includes a fire suppression system, the contractor shall be certified 3o by the Florida State Fire Marshal's office. 31 1.6.3.9. Concrete Forming and Placing Contractor requires thirty-six (36) months 32 experience with a passing grade on a three (3) hour test and a passing grade on a two (2) 33 hour business and law test and means those who are qualified to batch and mix aggregates, 34 cement, and water to agreed specifications, to construct forms and framework for the AGENDA ITEM Words added are underlined; words deleted .... .......... ,,h. J U N 0 8 1999 1 casting and shaping of concrete to place miscellaneous embedded steel and to pour, place, 2 and finish concrete. This category does not include the plastering of the interior of a pool. 3 1.6.3.10. Concrete Placing and Finishing Contractor requires thirty-six (36) months 4 experience with a passing grade on a three (3) hour test and a passing grade on a two (2) $ hour business and law test and means those who are qualified to pour place and finish 6 concrete flat work (floors, slab on grade, sidewalks, etc.) including placement of mesh 7 reinforcement, plastic vapor barriers and edge forms incidental thereto. This category does 8 not include the plastering of the interior of a pool. 9 1.6.3.11. Concrete Contractor (restricted to pneumatically placed concrete) l0 requires twenty-four (24) months experience with a passing grade on a three (3) hour test 1! and a passing grade on a two (2) hour business and law test and means those who are 12 qualified to use and maintain pressure equipment, mix material and apply according to 13 building codes. 14 1.6.3.12. Decorative Metal Contractor requires twenty-four (24) months experience 15 with a passing grade on a two (2) hour business and law test and means those who are 16 qualified to fabricate and install decorative metal fixtures; such work should be decorative 17 in nature and non-structural in function; the materials used in the manufacturing and 18 installation of said products may be of ferrous or non-ferrous materials. 19 1.6.3.13. Demolition or Wrecking Contractor requires thirty-six (36) months 20 experience with a passing grade on a three (3) hour test and a passing grade on a two (2) 21 hour business and law test and means those who are qualified to demolish structures such 22 as dwellings, commercial buildings, and foundations and to remove debris. The use of 23 blasting and explosives is not permitted under this category. 24 1.6.3.14. Dredging Contractor requires thirty-six (36) months experience with a 25 passing grade on a three (3) hour test and a passing grade on a two (2) hour business and 26 law test and means any person who is qualified to operate hydraulic dredging equip.m, ent 27 which digs and removes material by pump and which deposits the pumped materiai at a 28 fill location in one operation. · 29 1.6.3.15. Drywall Contractor requires thirty-six (36) months experience with a 30 passing grade on a three (3) hour test and a passing grade on a two (2) hour business and 31 law test and means those who are qualified to install gypsum drywall products to wood 32 and metal studs, wood and steel joists, and metal runners in buildings of unlimited area 33 and height. The scope of work shall include the preparation of the surface over which the 34 drywall product is to be applied, including the placing of metal studs and'runners and all 35 necessary drywall preparation trim: A~_~EI~A I'1~..~ Words added are underlined; words deleted are =~-'-.:k ~re=F,b. JUN 0 8 1999 1 1.6.3.16. RESERVED. ~..---- 2 1.6.3.17. Epoxy Stone Contractor requires twenty-four (24) months experience with 3 a passing grade on a two (2) hour business and law test and means those who are qualified 4 to batch and mix aggregates, epoxy, hardener, and gravel to specifications,_or to construct $ forms and framework for the casting and shaping of epoxy and aggregate, or to pour, place 6 and finish over concrete base. ? 1.6.3.18. Excavation Contractor requires thirty-six (36) months experience and a 8 passing grade on a three (3) hour test and a passing grade on a two (2) hour business and 9 law test and means any person who is qualified to excavate to obtain or remove materials 10 such as rock, gravel and sand; to construct or excavate canals, lakes and levees, including 11 the cleaning of land of surface debris and vegetation as well as the grubbing of roots; and · 12 to remove debris and level surface land incidental and necessary thereto in compliance 13 with all environmental laws, the Building Code, and other applicable codes and ~ 14 regulations. Minor excavations, such as footings, backfill without compaction, and similar 15 activities are exempt hereunder. 16 NOTE: The use of explosives is not included in this category. 17 1.6.3.19. Fence Erection Contractor requires twenty-four (24) months experience "-" 18 and a passing grade on a two (2) hour business and law test and means any person who is 19 qualified to install, maintain or repair fencing or decorative prefabricated walls on grade. 2.0 1.6.3.20. Floor Coverings Installation Contractor requires twenty-four (24) months · 21 experience installin_~ the specific prod~j~ and a passing grade on a two (2) hour business - 22 and law test and means any person who is qualified to install carpet, sheet vinyl and/or 23 wood parqt~=t all types of wood floorin_~. This category does not include, tile, marble, or ~ 24 terrazzo. · :- 25 1.6.3.21. Gasoline Tank and Pump Contractor requires forty-eight (48) months 26 experience and a passing grade on a three (3) hour test and a passing grade on a two (2) 27 hour business and law test and means those who are qualified to install, maintain, repair, 28 alter, or extend any above ground system used for the storing and dispensing of gasoline, 29 kerosene, diesel oils and similar liquid hydrocarbon fuels or mixtures (not to include 30 pollutant storage). 31 1.6.3.22. Glass and Glazing Contractor requires twenty-four (24) months 32 experience, a passing grade on a three (3) hour test and a passing grade on a two (2) hour 33 business and law test, and means those who are qualified to select, cut, assemble, and ~ 34 install all makes and kinds of glass and glass work, and execute the glazing frames, panels, AGENDA IT~d Words added are ~; wordsdclctedarc=~_'=~rc'_'gS. JUN 0 8 1999 1 sash and door and holding metal frames, ornamental decorations, mirrors, tub, shower 2 enclosures, and portable partitions. 3 1.6.3.23. Insulation Contractor. 4 a. All types except buildings - requires thirty-six (36) months experience, $ a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and 6 law test, and means those who are qualified to install, maintain, repair, alter, or extend any 7 insulation primarily installed to prevent loss or gain of heat, from internal or external $ sources on pipes, vessels, ducts, fire stopping materials, sprayed-on fire resistive materials. 9 or built-up refrigerated boxes or rooms, and acoustical materials. 10 b. Buildings - requires twenty-four (24) months experience, a passing 11 grade on a three (3) hour test and a two (2) hour business and law test, and means those 12 who are qualified to install, maintain, repair, alter, or extend any insulation primarily 13 installed to prevent loss or gain of heat from rooms or buildings. 14 1.6.3.24. Irrigation Sprinkler Contractor requires twenty-four (24) months 15 experience and a passing grade on a three (3) hour test and a passing grade on a two (2) 16 hour business and law test and means any person who is qualified to install, maintain, 17 repair, alter or extend all piping and sprinkler heads used for irrigation, including any ]8 required connections to a water pump; however, such work does not include direct 19 connection to potable water lines. 20 1.6.3.25. Landscaping Contractor requires twelve (12) months experience and a 21 passing grade on a two (2) hour business and law test and means any person who is 22 qualified to install and/or remove trees, shrubs, sod, decorative stone and/or rocks, timber 23 and plant materials, whether or not incidental to landscaping, prepackaged fountains, or 24 waterfalls, provided same does not include connection to a sanitary sewer system, portable 25 water line, or to any electrical installation, which tasks must be performed by tradesmen 26 licensed in the relevant trade. Landscape Contractors may contract for only removal 27 and/or trimming of trees and/or any other combination of the authorized services. 28 1.6.3.26. Liquefied Petroleum Gas Installation Contractor means any person 29 qualified and licensed pursuant to Chapter 527, Florida Statutes, to install apparatus, piping 30 and tubing, and appliances and equipment necessary for storing and converting liquefied 31 petroleum gas into flame for light, heat, and power. 32 1.6.3.27. Marine, Seawall, and Dock Construction Contractor requires thirty-six 33 (36) months experience, a passing grade on a three (3) hour test and a passing grade on a 34 two (2) hour business and law test, and means those who are qualified to build and install SS bulkheads, revetments, docks, piers, wharves, groins, boathouses, lifts and tavltS, A~-~N[~ I'l q -17- Words added are underlined: word~ deleted are :t.m:.~ '~.~rc=;~. JUN 0 8 1999 l 1 do pile driving. Electrical service and wiring must be provided by a licensed electrical 2 contractor. 3 1.6.3.28. Masonry Contractor requires thirty-six (36) months experience, a passing 4 grade on a three (3) hour test and a passing grade on a two (2) hour business and law test .s and means those who are qualified to select, cut, and lay brick and concrete block or-any 6 other unit masonry products, lay other baked clay products, rough cut and dress stone, '/ artificial stone and precast blocks, glass brick or block, but who shall not pour or finish $ concrete. 9 1.6.3.29. RESERVE~. Paving Blocks Contractor. Requires twenty-four (24) month~ l0 experience in the respective construction plus a passing _erade on a three (3) hour test and a 11 passing grade on a two (2) hour business and law test. and means those persons who are 12 qualified to construct driveways~ sidewalks, patios and decks, using concrete paving units. 13 1.6.3.30. Painting Contractor requires twenty-four (24) months experience, a 14 passing grade on a three (3) hour test and a passing grade on a two (2) hour business and 15 law test and means those who are qualified to use spraying equipment as well as hand 16 tools to finish both exterior and interior work. A painting contractor may do paperhanging, l? sandblasting, waterproofing, and may clean and paint roofs. 18 1.6.3.31. Paving Contractor (commercial or unlimited) requires thirty-six (36) 19 months experience, a passing grade on a three {3) hour test and a passing grade on a two 20 (2) hour business and law test, and means those who are qualified with the experience and 21 skill to construct roads, airport runways and aprons, parking lots, sidewalks, curbs and 22 gutters, storm drainage facilities, and to perform the excavating, clearing, and grading 23 incidental thereto. 24 1.6.3.32. Plastering and Stucco Contractor requires thirty:six (36) months 25 experience, a passing grade on a three (3) hour test and a passing grade on a two (2) hour 26 business and law test, and means those who are qualified to coat surfaces with a mixture of 2'/ sand or other aggregate gypsum plaster, Portland cement or quicklime and water, or any - 28 combination of such materials such as to create a permanent surface coating, including 29 lathing and drywall. This category does not include the plastering of the interior of a pool. 30 1.6.3.33. Pollutant Storage Contractor means a contractor who installs a pollutant 31 storage tank. Said contractor must have a State Pollutant Storage License. A County 32 Certificate of Competency is not available for this category. 33 1.6.3.34. Reinforced Steel Contractor require~ thirty-six (36) months experience, a 34 passing grade on a three (3) hour test and a passing grade on a two (2) hour business and 35 law test, and means those who are qualified to fabricate, place, and tie s .,el reiiltC~J~ ITEM '18' JUN 0 8 1999 Words added are underlined; words deleted are :t~.='=~ ! bars (rods) of any profile, perimeter, or cross-section, that are or may be used to reinforce 2 concrete buildings and structures in such a manner that, under all agreed specifications, 3 steel reinforcing bars (rods) for concrete buildings and structures can be fabricated, placed, 4 and tied. 5 1.6.3.35. Roof Coating, Roof Painting, and Roof Cleaning Contractor requires 6 twenty-four (24) months experience, a passing g~ade on a two (2) hour business and law ? test, and means any person who is qualified to clean, paint or coat a roof by means of 8 pressure-operated equipment, hand application or otherwise. This category does not 9 include roof repair. 10 1.6.3.36. Sandblasting Contractor requires twenty-four (24) months experience, a 1! passing grade on a two (2) hour business and law test, and means any person who is !2 qualified to operate a sandblasting machine. 13 1.6.3.37. Satellite Dish Installation Contractor requires twenty-four (24) months 14 experience, a passing grade on a two (2) hour business and law test and means any person 15 who is qualified to erect, install, maintain, repair, alter or design, where not prohibited by 16 law, any satellite dish provided all work is performed in accordance with applicable 17 Collier County or City cf .~!ap!c: Ordinances. If installation includes a concrete base, the 18 base shall be limited in size to two cubic yardsof concrete. 19 1.6.3.38. Sealing and Striping Contractor requires twenty-four (24) months 20 experience, a passing grade on a two (2) hour business and law test, and means those who 21 are qualified with the experience and skill to seal or stripe driveways, parking lots, 22 sidewalks, and patios. 23 1.6.3.39. RESERVED. Exterior Covering by Artificial Stucco System Contractor. 24 Applicable to exterior insulation and finish systems (EIFS). exterior one coat stucco 25 systems, and exterior dry. stock block wall systems whenever the specific system requires 26 its own certification (approval) of the installer. EIFS includes, but is not limited to. the 2? following registered trademarks/tradenames: SUREWALL. DRYVIT.. PAREX EIFS.. Vitricon 28 energix~ Sener_~y systems. TEC Ful-O-Mite systems. Pleko systems. Thoro's EIFS systems. 29 and USG EIFS. The applicant must prove then current approval from an authorized 30 representative of the specific system and must have a passin_~ grade on a two (2/ hour 31 business and law exam. 32 1.6.3.40. Non-Electrical Sign Contractor requires twenty-four (24) months 33 experience, a passing grade on a two (2) hour business and law test, and means any person 34 who is qualified to erect, install, repair, alter, extend or change any non-electrical sign, 35 provided all work is performed in accordance with applicable Collier Cou~ .y an~ I~, -19- JUN 0 8 1999 Words added are ~; words deleted are :'---'c~ ! .k~*~'.-~..~ ordinances. This category does not include the construction of free-standing 2 structural signs. 3 1.6.3.41. Electrical Sign Contractor requires twenty-four (24) months experience, a 4 passing grade on a three (3) hour test and a passing grade on a two (2) hour business and 5 law test, and means any person who is qualified to install, repair, alter, manufacture, add 6 to, or change any electrical wires, apparatus, raceways, conduit or any part thereof on ? electrical signs and is qualified to erect signs. Such contractor may contract for, and take 8 out building permits for the erection of signs. The electrical service and wiring from the 9 electrical service to the sign disconnect must be supplied by a licensed electrical !0 contractor. !! 1.6.3.42. Solar Heater Installation Contractor requires twenty-four (24) months !2 experience, a passing grade on a three (3) hour test and a passing grade on a two (2) hour !3 business and 'law test, and means those Who have the knowledge to install, alter, repair, or !4 replace any solar hot water heating system for residences or for residential swimming ]5 pools, including collectors, storage and expansion tanks, heat exchangers, piping, valves, 16 pumps, sensors and Iow voltage controls which connect to existing plumbing stub-outs and ]? electrical disconnects. !8 1.6.3.43. Structural Steel Erection Contractor requires thirty-six (36) months 19 experience, a passing grade on a three (3) hour test and a passing grade on a two (2) hour 20 business and law test, and means those who are qualified to erect structural steel shapes 21 and plates, including such minor field fabrication as may be necessary, of any profile, 22 perimeter or cross-section, that are or may be used as structural members for buildings and 23 structures, and the erection of communication towers, including riveting, welding and 24 rigging, only in connection therewith. 25 1.6.3.44. Structure Moving Contractor means persons who are required to be 26 general, building or resider~tial contractors, and who are qualified to lift and secure 2.7 structures and transport said structures from one site to another, whether or not such 2.8 transpor~ is across public roads, including the proper placement of structures at a new 2.9 location. 30 1.6.3.45. Tile and Marble Installation Contractor requires twenty-four (24) months :31 experience, a passing grade on a three (3) hour test and a passing grade on a two (2) hour 32 business and law test, and means those persons who are qualified to set tile and marble. 33 1.6.3.46. Tile, Marble and Terrazzo Installation Contractor requires twenty-four 34 (24) months experience, a passing grade on a three (3) hour test and a pas~ing grade on a AGENDA -20- Words added are ~derl~; words deleted are :w.:-:~'~.~-:::~h. JUN 0 8 1999 ! two (2) hour business and law test, and means those persons who are qualified to mix, :2 prepare, and finish terrazzo, prepare the base, and set tile and marble. 3 1.6.3.47. Underground Utility and Excavation Contractor requires forty-eight (48) 4 months experience, a passing grade on a three (3) hour test and a passing grade on a two $ (2) hour business and law test, and means contractors whose services are limited to the 6 construction, installation, repair, on public or private property, whether accomplished ? through open excavation or other means, including~ but not limited to. directional drilling. 8 auger boring. !acking and boring, trenchless technologies, wet and dry. taps. routing, and 9 slip lining of main sanitary sewer collection systems, main water distribution systems, and 10 storm sewer collection systems, and the continuation of utility lines from the main systems 1! to a point of termination up to and including the meter location for the individual 12 occupancy, sewer collection systems at property line on residential or single-occupancy 13 commercial properties, or on multi-occupancy properties at manhole or "wye" lateral 14 extended to an invert elevation as engineered to accommodate future building sewers, 15 water distribution systems, or storm sewer collection systems at storm sewer structures. 16 These contractors may install empty underground conduits in rights-of-way, easements. 17 Dlatted rights-of-way in new site develo0ment, and sleeves for parking lot crossings no 18 smaller than two (2) inches in diameter, provided the conduit system is designed by a 19 licensed professional engineer or by an authorized employee of a municipality, county, or 20 public utility, and installation of such conduit shall not include installation of any 21 conductor wiring or any connection to any energized electrical system. An underground 22 utility contractor shall not install any piping that is an integral part of a fire protection 23 system, as defined in Section 633.021 (7), Florida Statutes, beginning at the point where the 24 piping is used exclusively for such system. 25 1.6.3.48. Tree Removal and Trimming Contractor requires twelve (12) months 26 experience with a passing grade on a two (2) hour business and law test and means t.h. ose 2? who are qualified to trim and remove trees and stumps. :28 1.6.4. Contractor Licensing Supervisor means the individual who oversees 29 contractor licensing and its investigations or presents complaints regarding licensed 30 contractors in Collier County, Florida. This individual holds office in the Building Review 31 and Permitting Department of the Community Development and Environmental Services 32 Division of Collier County Governmerit. 33 1.6.5. Employee means any person who works for and is under the supervision 34 and control of a licensee, provided that said employee does not hold himself out for hire or 35 engage in contracting except as art employee. For the purposes of this Or. inanc~TE -21- JUN 0 8 1999 Words added are underlined; words deleted are =*~.:':k ! of an employment relationship shall include the employer's regular payment of wages and 2. compensation, F.I.C.A. deductions, tax withholding and provision of Workers' 3 Compensation to the employee by the employer, all as prescribed by law. 4 1.6.6. Person means a human being or a legal business organization. 5 1.6.7. "Contracting" means, except as exempted in this part, engaging in business 6 as a contractor and includes, but is not limited tO, performance of any of the acts as set ? forth in subsection (3) which define types of contractors. The attempted sale of contracting 8 services and the negotiation or bid for a contract on these services also constitutes 9 contracting. If the services offered require licensure or agent qualification, the offering, 10 negotiation for a bid, or attempted sale of these services requires the corresponding I! licensure. However, the term "contracting" shall not extend to an individual, partnership, 12 corporation, trust, or other legal entity that offers to sell or sells completed ~esidences on 13 property on which the individual or_business entity has any legal or equitable interest, if 14 the_services of a qualified contractor certified or registered pursuant to the requirements of 15 this chapter have been or will be retained for the purpose of constructing such residences. 16 1.6.8. "Business organization" means any partnership, corporation, business trust, 17 joint venture, or other legal entity which engages or offers to engage in the business of 18 contracting or acts as a contractor as defined in 1his section. 19 1.6.9. "Financially responsible officer" means a person other than the primary 20 qualifying agent who with the approval of the board assumes personal responsibility for all .21 financial aspects of the business organization. 22 1.6.10. "Primary qualifying agent" means a person who possesses the requisite 23 skill, knowledge, and experience, and has the responsibility, to supervise, direct, manage, 24 and control the contracting activities of the business organization with which he_ is 25 connected; ~ho has the responsibility to supervise, .direct,_ manage, and control 26 construction activities on a job for which he has obtained the building permit; and whose 2? technical and personal qualifications have been determined by investigation and 28 examination as provided in this part, as attested by the department. 29 1.6.11. "Secondary qualifying agent" means a person who possesses the requisite 30 skill, knowledge, and experience, and has the responsibility to supervise, direct, manage, 31 and control construction activities on a job for which he has obtained a permit, and whose 32 technical and personal qualifications have been determined by investigation and 33 examination as provided in this part, as attested by the department. 35 AGEND,~ ITEM JUN 0 8 1999 Words added are ~; words deleted are =~:k 1 1.7. Stop-Work Orders. 2 If it should become known to the Contractor Licensing Supervisor that a construction :3 project and/or contracting in Collier County or the City cf .k~p!c: is being undertaken by 4 uncertified or nonexempt persons, the Contractor Licensing Supervisor, or his/her 5 designee, shall place a stop-work order on the relevant portion of said project until such 6 time as a certified contractor assumes supervision of the construction project. Any 7 uncertified and nonexempt person resuming construction prior to the removal of the $ stop-work order by the Contractor Licensing Supervisor shall be in violation of this 9 Ordinance. 10 1.8. Experience Requirements. I! As a prerequisite to, and as a requirement for, the issuance of a Collier County/City e~ 12 .%'=p!== Certificate of Competency, an applicant shall submit satisfactory evidence of 13 experience in the trade for which he/she desires certification. 14 a. Contractors' experience shall be in that particular trade, with at least 15 one (1) year of said experience being as a supervisor. 16 b. Masters' experience shall be as journeymen. 17 c. Journeymen's experience shall be as apprentices or trainees, having 18 completed an apprenticeship program registered with the Department of Labor and 19 Employment Security and_demonstrates 4 years verifiable practical experience in those 20 particular trades, or demonstrates 6 years verifiable practical experience in those particular 21 trades, except as may be authorized by apprentice programs approved by the Bureau of 22 Apprenticeship, Division of Labor, Employment and Training of the Department of Labor 23 and Employment Security, which are hereby incorporated by reference as the required 24 apprentice experience. 25 1.8.1. T~ determine if the applicant possesses the experience required by this 26 Ordinance, the Contractor Licensing Board Supervisor or his/her designee shall consider 27 the following forms of proof of experience: 28 a. Affidavits from former employers with specifics as to the number of 29 years of experience, work performed and any other relevant information;' 30 b. Copies of other certificates of competency, if any, held by the 31 applicant in other counties or cities; 32 C. Affidavits from any building director in locations where the applicant 33 has worked; 34 d. Affidavits from any union organization of which the applicant has 35 been a member relating to the trade for which the applicant has made appli, ~tion; AGENDA -23- JUN 0 8 Words added are underlined; words deleted are :~':~ ! e. Affidavits from any other source within the trade applied for. 2 1.8.2. Education at an accredited school may be presented to satisfy a portion of 3 the experience requirements of this Section. Specifically, each full year of school-level 4 work in the trade for which application is made shall be credited to the applicant as .75 5 years experience, but such credit shall be for no more than one-half of the total experience 6 required by this Ordinance. ? PART TWO: CERTIFICATES OF COMPETENCY - PROCEDURE. 8 2.1. Applications- General. 9 2.1.1. Any person or business organization desiring to obtain a Certificate of !0 Competency shall make application under oath for such Certificate and shall submit such !! information as is required by this Ordinance. !2 2.1.2. Should the applicant be a business organization, the application shall be !3 executed b~; a legally authorized and empowered representative of business organization 14 who shall show his authority to so act on the application. In addition, the application shall !5 name a qualifying agent authorized to act on behalf of the firm in all subsequent 16 proceedings, showing his authority: !? a. To act for the firm in all matters and in any manner connected with !8 the contracting business; and 19 b. To supervise the construction under the Certificate of Competency 20 issued to the applicant. 2! 2.1.3. A qualifying agent may qualify no more than one firm, practicing the same 22 trade, without prior approval of the Contractors' Licensing Board, and in no event more 23 than two firms at the same time· 24 2.1.4. No application shall be considered unless the appiicant supplies all 25 information as required by this Ordinance. 26 2.1.5. The Board of County Commissioners shall establish and adopt.,_ by 27 Resolution, a schedule of fees and charges for applications for Certificates of Compe:tency, ' 28 renewals, late fees and other charges, if applicable, pertaining to this Ordinance. It is the 29 intent of these regulations that the County shall not be required to bear any part of the cost 30 of applications made under this Ordinance. The schedule of fees and charges shall be 3! posted in the office of the Building Review and Permitting Department of the Community 32 Development and Environmental SerVices Division of Collier County Government and the 33 City's cf ;.':p!:: Building and Zoning Division (D. Cl;;IaJ:IBlCI~ and the resolution 34 establishing such fees shall be on file with the City's cf .";~.p!:: Clerk and :the Clerk to the 3.5 Board. The schedule of fees and charges may be changed in accordance ,,Ill, ,~ Words added are underlined; words deleted arc :w;ck *~.~-:~:;h. JUN 0 8 1999 2 resolution adoption and amendment procedures of the Board of County Commissioners 2 and repeal or amendment of the schedule shall not be subject to the procedure otherwise 3 necessary for amendment of this Ordinance. Current fees and charges are set forth in 4 Resolution No. 87-108 and shall remain in effect until said Resolution is amended or $ superseded. ~ 6 2.2. Contractor Application- Individual~ ~ ? Any person desiring a Certificate of Competency shall submit the following 8 information on forms provided by the Collier County Contractor Licensing Supervisor: 9 2.2.1. Name of applicant, date of birth, Social Security number and driver's license 10 number; 21 2.2.2. Home address and telephone number; ]2 2.2.3. Business address and telephone number. A contractor is' required to ]3 maintain an office in Collier County or have an agent in Collier County for purposes of 14 receiving notices pursuant to this Ordinance. 2.s 2.2.4. Name of applicant's business; 16 2.2.S. Applicant's proposed contracting business; 27 2.2.6. If applicable, verification that applicant has properly registered under the ]8 fictitious name statutes; ]9 2.2.7. Type of Certificate of Competency for which application is being made; 20 2.2.8. A complete list of all outstanding debts related to the applicant's contracting 22 business which the applicant has not paid or refuses to pay and a statement of the reasons ~ 22 for nonpayment; 23 2.2.9. Names and telephone numbers of two persons who will always know the 24 applicant's whereabouts; 25 2.2.10.' A statement whether the applicant has ever been convicted of a crime 26 related to contracting and any crime of moral turpitude; 27 2.2.11. Applicant's business or work experience during the past ten years; 28 2.2.12. Any formal training in the area of competency for which application is 29 made; 30 2.2.13. In addition to the aforementioned information, the applicant shall attach or 32 submit the following information: 32 a. A credit report compiled I~y a nationally recognized credit agency 33 that reflects the financial responsibility of the applicant; 34 b. Affidavits as to the applicant's honesty, integrity, good business 35 reputation and competence in the trade category for which application ~r a Words added are underlined: words deleted are ~---'-:.k *~b.r:u~.~.. J U N 0 8 1999 ! County/Cityv, -~ ,~'"-~"'..~..~ Certificate of Competency has been made. Said affidavits shall be 2 in substantially the form issued by the Collier County Contractor Licensing Supervisor or :3 his/her designee; 4 c. Scores on the examination applicable to the license applied for, 5 including the area of competency tested, the date of testing and the place of testing. Said 6 examination shall have been administered by a testing agency recognized and approved ? throughout the State of Florida as provided for in Section 2.6 of this Ordinance. 8 2.3. Contractor Applications - Business Organizations. 9 If the applicant proposes to engage in contracting as a partnership, corporation, lo business trust, or other legal entity, the applicant shall apply through a qualifying agent and ]! comply with all requirements and responsibilities contained in Sections 489.119 and ]2 489.1 195, Florida Statutes. 1:3 Any business organization desiring a Certificate of Competency in Collier County 14 shall submit the following information on forms provided by the Collier County Contractor 1.5 Licensing Supervisor. 16 2.3.1. Business organization name; 17 2.3.2. Business address and telephone number. A business organization must have 18 an office in Collier County or have an agent in Collier County for purposes of receiving 19 notices pursuant to this Ordinance. 20 :2.3.3. Qualifying agent; 21 2.3.4. Proposed contracting business; 22 2.3.5. Type of Certificate of Competency for which application is made; 23 2.3.6. Names and addresses of all partners, directors and officers; 24 2.3.7. Where applicable, a copy of a certificate of incorporation or proof of 25 recorded fictitious name; 26 2.3.8. A list of all contracting businesses owned by the business organization 27 during the last five years; 28 2.3.9. A credit report from a nationally recognized credit agency if the business 29 organization has been in existence for more than one (1) year. If the business organization 30 has been in existence for less than one (1) year, a credit report on every business 3! organization in which the Applicant/Qualifier was an agent is required. If neither of the 32 above is applicable a personal credit report on the applicant/qualifier is required. 33 2.3.10. A complete list of all outstanding debts related to the business 34 organization's contracting business which the business organization has not paid or refuses 35 to pay and a statement of the reasons for nonpayment; AGENDA ITEM -26- JUN 0 8 1999 Words added are underlined; words deleted are :L".'ck ~.rcugh. 1 2.3.11. The signature of an authorized officer of the business organization; 2 2.3.12. Qualifier information: 3 a. The name of the qualifying agent and date of birth; 4 b. The name of the business organization to be qualified; $ c. Type of Certificate of Competency for which application is made;. 6 d. The home address of the qualifying agent; ? e. The names and telephone numbers of two persons who will always 8 know the qualifying agent's whereabouts; 9 f. Scores on any approved examination; including the area of 10 competency tested, the date of testing and the place of testing; 11 g. Affidavits as to the qualifier's honesty, integrity, good business 12 reputation and competence in the trade category for which application for a Collier 13 County/City of .~.':p!c: Certificate of Competency has been made; 14 h. A statement whether the qualifying agent has ever been convicted of 15 a crime related to contracting and any crime of moral turpitude; 16 i. A complete list of all outstanding debts related to the qualifying l? agent's contracting business which the qualifying agent has not paid or refuses to pay and a ~8 statement of the reasons for nonpayment; 19 j. A statement of the qualifying agent's business and work experience 2o during the previous five years; 2! k. A statement of any formal training possessed by the qualifying agent 22 in the trade category for which application is made for a competency card; 23 I. Proof that the qualifying agent is legally qualified to act for the 24 business organization in all matters connected with its contracting business and that said 25 qualifying agent has the authority to supervise construction undertaken by such business 26 organization. Proof that a qualifying agent is legally qualified to act for the business 2? organization i~cludes, but is not limited to, authority to sign checks for the business 28 organization, training and supervision of employees, hiring and firing of employees or 29 other actions indicating active involvement in the business organization. 30 2.4. Master or Journeyman Applications. 3! a. The name of the applicant and date of birth; 32 b. Home address and telephone number; 33 c. Business address and telephone number; 34 d. Type of Certificate of Competency for which application is being 35 made; Words added are underlined; words deleted are xt.'-.=:k ! e. The names and telephone numbers of two persons who will always 2. know the applicant's whereabouts; 3 f. Scores on any approved examination, including the area of 4 competency tested, the date of testing and the place of testing. Prior to taking the tests 5 required by this Ordinance, an applicant must provide verification that he or she has 6 complied with the experience requirements. ? g. A statement of the applicant's business or work experience during the 8 past ten years; 9 h. A statement of any formal training in the trade categories for which 10 application is made for a competency card. ! ! 2.5. Standards for the Issuance or Denial of a Certificate of Competency. 12 2.5.1. Contractors. 13 The Contractor Licensing Supervisor or his/her designee, shall issue a Certificate of 14 Competency to the applicant if it appears, on the face of the application, as submitted by 15 the applicant, that: 16 a. The application is complete in accordance with the requirements of 17 this Ordinance; 18 b. The applicant possesses the experience required by Sections 1.6 and 19 1.8 of this Ordinance; 20 c. The credit report submitted indicates no facts and circumstances 21 which show a failure to pay contracting related bills promptly; 22 d. The applicant or qualifier meets the requirements for financial 23 responsibility set forth in'Rules 61G4-15.005 and 61G4-15.006, Florida Administrative 24 Code, as they may be amended from time to time; . - · 25' e. The applicant meets one of the following criteria: 26 1) The applicant has taken and passed an examination approved 27 and recognized throughout the State of Florida, as provided for in Section 2.6 of this 28 Ordinance, for the area of competency for which application has been made, or 2p 2) The applicant meets all licensing requirements provided for by 3o this Ordinance. 31 f. All required affidavits have been submitted; 32 g. All required fees have beer~ paid; 33 h. The applicant possesses a current Collier County occupational 34 license; and 35 i. The applicant or the qualifTing agent is at least 18 ye, ~ u! '~..NDA I1~F.M Words added are ~;_ words deleted are :L.=:k .~.h..::~h. JUN 0 8 1999 ! 2.5.2. Referral of Application to Contractors' Licensing Board for Decision. 2 If it does not appear on the face of the application that the applicant has complied 3 with the requirements of this Ordinance so as to be eligible for a Certificate of 4 Competency, then the Contractor Licensing Supervisor shall refer the application to the 5 Contractors' Licensing Board for a decision regarding approval or denial of the application. 6 2.5.3. When an application is referred to the Contractors' Licensing Board, the ? Board shall take testimony from the applicant and shall consider other relevant evidence 8 regarding whether the application meets the requirements of this Ordinance. Upon the 9 evidence presented by the applicant and the Contractor Licensing Supervisor, the 10 Contractors' Licensing Board shall determine whether the applicant is qualified or 11 unqualified for the trade in which application has been made. Findings of fact and 12 conclusions of law regarding the approval or denial of the application shall be made by the 13 Contractors' Licensing Board. The Board may consider the applicant's relevant recent 14 experience in the specific trade and based upon such experience may waive testing 15 requirements if convinced that the applicant is qualified by experience whereby such 16 competency testing would be superfluous. 17 2.5.3.1. If the Contractors' Licensing Board determines that an applicant is qualified 18 for a particular type of Certificate of Competency, a competency card shall be issued by 19 the Contractor Licensing Supervisor or his/her designee. 20 2.5.4. Additional Requirements. 21 In addition to the foregoing requirements, each applicant shall submit the following 22 information as a prerequisite to the issuance of a Collier County competency card: 23 2.5.4.1. The applicant's state registration number or a statement that the 24 applicant has made application for a state registration number (anyone not required to have 25 a state registration number by Chapter 489, Florida Statutes, is exempted from this 26 Subsection); 27 2.5.4.2. The applicants' individual or business organization's United States 28 Internal Revenue Tax number; 29 2.5.4.3. Proof of insurance as required by Section 2.8 of this. Ordinance; 30 2.5.4.4. A statement that the applicant has or will comply with all Workers' 31 Compensation laws of the State of Florida prior to contracting in the City :f .N:p]:: and in 32 Collier County; 33 2.5.4.5. Where applicable, a statement that the applicant has registered his 34 fictitious name with the Florida Department of State, Fictitious Name Filing Section, as 35 required by Section 865.09, Florida Statutes; AGENDA IT~, '1 N~. /~('c~ ~- -29- ~ ~ Words added are ~derl~; words deleted are :~.':k '~....-:'_'~t,~~. J tJ N 0 8 1999 Pa. ! 2.S.4.6. When a Certificate of Competency is issued in the name of a business :2 organization, the certificate shall be in the name of the business organization and the name 3 of the qualifying agent shall be noted thereon. The requirements of this Section shall be 4 deemed to be a portion of the application and any false statement made by an applicant as 5 to information required by this Section shall be grounds for discipline as provided for in . 6 2.6. Approved Examiners. 7 The approved examiners for the purpose of administering proctored exams as required by 8 this Ordinance am is 'Experior' Bloc[~ =nd ,A.==cc!:t~=, 5799 S.?/. 3! St. # !303 2100 N. 9 W. 53~ Avenue~ Gainesville, Florida, 32653 32592, and any other testing agency with 10 comparable testing standards recognized and approved throughout the State of Florida and 1] also approved by the Collier County Contractors' Licensing Board. 12 2.7. Examinations. 13 A minimum 1sassing grade of 75*/. shall be required on all examinations. Examinations 14 shall be specific to the trade category for which application for a Certificate of Competency 15 has been made. Said examinations shall be proctored and graded by a testing agency 16 meeting all the requirements of Section 2.6 of this Ordinance. When a Certificate of 17 Competency becomes void pursuant to Section 1.4.9 herein, all previous examination 15 scores shall be disregarded except when the most recent relevant examination was taken 19 and passed within three (3) years of the date of receipt of the new application, pursuant to 20 Chapter 489, Florida Statutes. 21 2.8. Insurance. 22 All licensed contractors shall maintain liability and other categories of insurance, as 23 required by Florida law, at all times. Such insurance shall be with an insurance company 24 authorized to do business in the State of Florida. The minimum limits of liability insurance 25 required shall be not less than $100,000 for bodily injury and $25,000 for property 26 damage or any higher minimums as required by Florida law. All licensed contractors shall 2? maintain applicable Workers' Compensation insurance as required by Florida law. ......... Status. 28 2.9. Dormant '~"+:"~ 29 2.9.1. Any person or firm that holds a valid Collier County/City cf 30 Certificate of Competency may place the Certificate of Competency on dormant 31 status during which time said person or firm/entity shall not engage in contracting in 32 ~ but may retain the certificate on an dormant status {na~':c basis provided 33 teat timely payment is made of an annual renewal fee as set forth in Section 2.1.5 of this 34 Ordinance and applicable resolutions enacted by the Collier County Board of County 35 Commissioners. AGENDA -30- Words added are underlined; words deleted are :'.r'-':~ ~r=ugh. JUN 0 8 1999 ! 2.9.2. Persons or business organizations desiring to renew an ]n:~K,c dormant 2 certificate may do so by complying with the requirements of Section 1.4 of this Ordinance 3 relating to renewals. 4 2.10. Restricted Certificates of Competency. 5 The Contractors' Licensing Bo:rd Supervisor or desi_~nee may issue a Restricted 6 Certificate of Competency to an applicant for a certificate in a particular trade, which ? Certificate is restricted to certain aspects of that trade where the applicant has satisfactorily g demonstrated to thc major!,"/cf s:!d Board that he/she thc app!]:ant is qualified under this 9 Ordinance in thos: certain aspects of that trade, but lacks the rea. uired experience in other 10 aspect(s) of that trade. For example, an applicant for a Certificate as a Floor Covering 1! Installation Contractor may have the rea. uired experience in layin_~ camets and/or tiles, but 12 not wood floorin_~. Each staff level decision to restrict a Certificate shall be .final unless 13 reversed or modified by the CLB upon appeal by the certificate holder. 14 2.11. Emergency Restricted Certificates of Competency. 15 In the event of a declaration of a state of emergency in Collier County by the Collier 16 County Board of County Commissioners or in the City ~. ,~'"-~"',-~,.~ by the N:p!as City l? Council, in which substantial damage has occurred to buildings and structures so as to 18 cause a shortage of available persons and firms/.entities in the contracting trades for which ~9 there are Collier County/City cf .Nap!as Certificates of Competency, the Contractors' 2o Licensing Board is hereby authorized to: 2~ 2.11.1. Declare an emergency contracting trade shortage of designated categories 22 of contractors and/or sub-contractors listed in this Ordinance. This declaration shall be for 23 a period of time not to exceed six (6) months. 24 2.11.2. Authorize the Contractor Licensing Supervisor to prepare and regulate the .,. 25 selection of contractors and/or sub-contractors from other jurisdictions whose licensing 26 requirements are substa, ntially comparable to those licensed in Collier County. The 27 contractors selected must be licensed in jurisdictions whose testing and licensing 2.8 requirements have been predetermined by the Contractors' Licensing Board to be 2~ substantially comparable to the Collier County requirements. 30 2.12. The County will provide active field supervision within the City~, -~ ,.,..,.., --~.~- of 3] licensed and unlicensed activity through its investigation and citation authority. 32 2.12.1. The County shall be responsible ~'or issuing licenses in accordance with this 33 Ordinance to authorize contractors to work within the geographic boundaries of County 34 and the City of .~.~ap!os. The County shall collect the fees for those contractors licensed to 35 work within the County and City ~ ~' AGENOA I'I~E~ -31- Words added arc underlined: words deleted are :~-':~ '~'-..':'-'g~. JUN 0 8 1999 ! 2.13. Contractors who operate in Collier County shall maintain complete financial 2 and business records for the immediately preceding 3 years at their licensed place of 3 business. The business and financial records to be maintained shall include minutes of 4 corporate meetings, business contacts, telephone records, insurance policies, letters of 5 complaint, notices received from government entities, bank statements, canceled checks, 6 records of accounts receivable and payable, financial statements, loan documents, tax ? returns, employee records and all other business and financial records the contractor 8 maintains in the course of business. The contractor shall allow the Contracting Licensing 9 Supervisor, or his designee, access to all documents referenced in this section upon 10 demand and during normal business hours. Copies of any documents requested by the ]! Contractor Licensing Supervisor, or his designee shall be provided by the Contractor upon ]2 payment of reasonable reproduction costs, which shall not exceed the Contractor's actual 13 reproduction costs, by the Contractor Licensing Supervisor or his designee. 14 ]5 PART THREE: THE CONTRACTORS' LICENSING BOARD. ]6 3.1. Composition. 17 3.1.1. The Contractors' Licensing Board. being Collier County's qocal construction ]8 licensing board", is composed of nine (9) members who shall be appointed by the Board of 19 County Commissioners. A minimum of two (2) of these members shall reside within ~)Ae 20 corporate city limits of .%~ap!cs or shall be recommended to the Board of County 21 Commissioners by the .~.~aplcs City Council. The Board of County Commissioners may also 22 appoint alternate members as it deems appropriate. Three (3) members of the CLB shall be 23 consumer representative members. No such member shall be.. or shall have ever been. a 24 member or practitioner of any profession regulated by the CLB or any profession closely 25 related to any such profession regulated by the CLB. The n!n= (9) members of the CLB 26 Contr:ctors' L!::n:ing Bo:rd :ha!! con:!~ of who are"no~ consumer rer~resentative 2'/ members should be either a licensed architect, a licensed general contractor, a licensed 28 engineer, a licensed electrical contractor, a licensed plumbing contractor, a licensed 29 mechanical contractor, a licensed roofing contractor, a licensed residential, or a licensed 30 building contractor :nd a !~ccn==d mpr=:cnt:t~;': from onc of thc oth=r =pcc!a!t'/t=d:: o; 32 for consumer representative members~ of:Ibis .provision Sca!on is merely directory and 33 failure to have members appointed from: mcmb:r of ::ch of these trades shall not be 34 grounds for voiding or otherwise affecting any action Of the Board. ,M! membcrs of the Words added are underlined: words deleted are ..~-~__.c~ ,~_.-=._.~h. JUN 0 8 1999 ....... o~ ~- ..... r-~, az ,may ~'~ 2uthcr!zcd, :"' ~,4 ...... by a.~ ~-~n;~. ~ .... 4 3.1.2. Collier Coun~ Ordinance No. 8~1. as now or herea~er amended for any 5 ordinance that is a successor in fundion thereto~ shall be applicable to evew member 6 appointed or reappointed to the CLB a~er the effedive date of this Ordinance. except the ? following: E each ~ initial full-term appointments of a member to the CLB shall be for a S term of three (3) years, ex,apt ~= ,,m=y ~*~ .... ;-~ ~ ....,~.:.~4 in n.4: ..... ~,~ ~ 11 be amended ~-~ +; ..... ...... k., a meiotiC; ...... cf the Collier Count/0~..4 ~ Count/r~;~ ..... 13 for any ~ ..... ; ................................ 15 excuse ..4 ,.,:,~,,+ prior approvs~ ~ *~ ~; ........ ~ +~ ~*'~ .... Licensing 17 Ccmmisslc=cr: dad:re thc member': cfi!sc '.':s:nt :nd prcmpdy f!H thc 18 ~ ~ ~ A ........... o~curr!n ur!~g thc ...... . 20 :ppalntmcnt to fi!!: '.':s=~G' :h:H bc fcr thc ram:!~dcr cf thc uncxplrcd term cf office. 21 3.2. Internal Operating Pr~edures. 22 3.2.1. The Contradors' Licensing Board shall eled a chairperson and vice 23 chairperson from its membership. 24 3.2.2..Meetings. 25 3.2.2.1. The Contractors' Licensing Board shall hold at least four meetings per year. 26 3.2.2.2. Upon the request of the Contra~or Licensing Supe~isor, or his designee, 27 or at such other times as may be necessaw, the chairperson of the Contradors' Licensing ~8 Board (and, in his absence, the vice chai~erson or, in the vice chai~erson's absence, the 29 temporaw chairperson ele~ed by majori~ vote of the membe~ of the Contra~ors' 30 Licensing Board) may call hearings of the Contrado~' Licensing BoaM. Hearings may also 31 be called by wri~en notice signed by at least three (3) membe~ of the Contradors' 32 Licensing Board. At any hearing, the Contradors' Licensing Board may set a future hearing 33 date. Minutes shall be kept of all meetings and hearings and all meetings and proceedings 34 shall be open to the public. AGE~A ! JU I 08 1999 Words added ~e underfeed: words dclct~ ~ 2~:~ '" ..... 1 3.2.2.3. Five members shall constitute a quorum for any meeting, and a majority 2 vote of those present shall be required to make any decision. 3 3.2.2.4. The Collier County Board of County Commissioners shall provide such 4 clerical and administrative personnel and legal services as may be reasonably required by 5 the Contractors' Licensing Board for the proper performance of its duties. 6 3.2.2.5. The County Attorney, or his designee, shall either be counsel for the ? Contractors' Licensing Board or shall represent the County by presenting cases before the 8 Contractors' Licensing Board, but in no case shall the County Attorney or his designee 9 serve in both capacities for the same case or at the same time. 10 3.3. Duties and Powers of the Contractors' Licensing Board. 11 3.3.1. Upon reference by the Contractor Licensing Supervisor or petition by an 12 applicant, the Board shall have the power to determine the qualifications of applicants for 13 the various categories of contractors' Certificates of Competency as measured by standards 14 stated in this Ordinance. 15 3.3.2. The Board shall have the power to hold hearings to determine if a contractor 16 or a journeyman possessing a Collier County/City of H=p!c: Certificate of Competency, or 17 a State certified contractor doing business in Collier County, should be disciplined 18 pursuant to Part Four of this Ordinance. It shall be the duty of the Contractor Licensing 19 Supervisor to initiate disciplinary proceedings. No member of the Contractors' Licensing 2o Board shall have the power to initiate disciplinary proceedings in his/her capacity as a 21 member of the Contractors' Licensing Board. 22 3.3.3. The Contractors' Licensing Board shall have the power to adopt such 23 policies, rules and regulatiOns as it deems necessary to carry out the duties of the Board in 24 accordance with the provisions and intent of this Ordinance. Said policies, rules and 25 regulations, when and if reduced to writing, shall be filed with the Clerk to the Board. of 26 the Collier County Board of County Commissioners. 27 3.3.4. The Contractors' Licensing Board shall further have the power to: 28 a. Hold hearings; 29 b. Take testimony under oath; 3o c. Adopt rules and regulations for the conduct of its hearings; 31 d. Discipline contractors or journeymen holding Collier County/City of 32 certificates of Competency or State certified contractors doing business in Collier County or 33 the City of .~.'=p!:: pursuant to Part Four of this Ordinance; 34 e. issue decisions, findings of fact, conclusions of law, impose disciplinary' 35 sanctions, and issue orders to carry out the provisions of this Ordinance. AGENDA I~ Words added are underlined;_ words deleted are :~.:':~ °*-"='.';h. J U N 0 8 1999 ! 3.3.5. The Contractors' Licensing Board shall also have all other powers granted to 2 said Board or otherwise by Florida law. 3 3.3.6. The Contractors' Licensing Board shall have the power to make 4 recommendations to the Board of County Commission regarding amendments to this 5 Ordinance and shall review amendments to the Ordinance proposed by County staff. 6 PART FOUR: STANDARDS OF CONDUCT AND DISCIPLINE. ? 4.1. Misconduct - Collier County/City =f ,k.~p!=: Certificate of Competency 8 The following actions by a holder of a Collier County/Cityv, ~ ,k'~.~..~ Certificate of 9 Competency shall constitute misconduct and grounds for discipline pursuant to Section 4.3 I0 of this Ordinance: 11 4.1.1. Knowingly combining or conspiring with an unlicensed contractor by 12 allowing one's Certificate of Competency to be used by an unlicensed contractor with 13 intent to evade the provisions of this Ordinance. When a licensed contractor acts as the 14 qualifying agent for any firm without first making application under this Ordinance to is represent said firm, such act shall constitute prima facie evidence of intent to evade the 16 provisions of this Ordinance. When a certificate holder allows his certificate to be used by 17 one or more companies without having any active participation in the operations, 18 management, and control of such companies, such act constitutes prima facie evidence of 19 an intent to evade the provisions of this Ordinance. Active participation requires job site 2o supervision, knowledge of and participation in the business operations of the company(s), 21 including all contractual matters. 22 4.1.1.1. If any individual qualifying any business organization ceases to be affiliated 23 with such business organization, he shall so inform the Board. In addition if such 24 individual is the only certified individual affiliated with the business organization, the 25 business organization shall notify the Board of the individual's termination and shall have 26 no more than sixty (60) days from the date of termination of the individual's affiliation with 27 the business organization in which to affiliate with another person certified under the 28 provisions of this article. In any event, the business organization shall not enter into any 29 new contracts and may not engage in any new contracting until such time as a qualifying '30 agent is employed. 31 4.1.2. Contracting to do any work outside of the scope of his/her competency as 32 listed on his/her competency card and as defined in this Ordinance or as restricted by the 33 Contractors' Licensing Board. 34 4.1.3. Abandoning a construction project in which he/she is engaged or under 35 contract as a contractor. A project may be presumed abandoned if th, .... I.,~:. ~.1 .... Words added are ~; words deleted ~e :'-",::~ °'.~':'-'gh. JUN 0 8 1999 ! terminates the project without just cause, or fails to notify the owner in writing of 2 termination of the contract and basis for same, or fails to perform work for ninety (90) 3 consecutive days without just cause and no said notice to the owner. 4 4.1.4. Diverting funds or property received for the execution of a specific contract 5 project or operation or diverting funds earmarked for a specified purpose to any other use (i whatsoever. ? 4.1,5. Departing from or disregarding in any material respect the plans or 8 specifications of a construction job without the consent of the owner or his duly authorized 9 representative. zo 4.1.6. Disregards or violates~ in the performance of his contracting business in 1! Collier County, any of the building, safety, health, insurance or Workers' Compensation 12 laws of the State of Florida or ordinances of this County. t3 4.1.7. Falsifying or misrepresenting any material fact in his application and 14 supporting papers for the purpose of obtaining a Certificate of Competency under this 15 Ordinance. 16 4.1.8. Committing mismanagement or misconduct in the practice of contracting I? that causes financial harm to a customer. Financial mismanagement or misconduct 18 includes, but is not limited to, any of the following: 19 4.1.8.1. The contractor fails to fulfill his/her contractual obligations to a customer 20 because of inability, refusal or neglect to pay all creditors for material furnished or work or 21 services performed in the operation of the business for which he/she is licensed, under any 22 of the following circumstances: 23 a. Valid liens have been recorded against the property of a contractor's 24 customer for supplies or services ordered by the contractor for the cu'stomer's job; the 25 contractor has received funds from the customer to pay for the supplies or services; and the 26 contractor has not had the liens removed from the property, by payment or by bond, 2? within 30 days after the date of such liens; 28 b. The contractor has abandoned a customer's job and the percentage of 29 completion is less than the percentage of the total contract price paid to the contractor as 30 of the time of abandonment, unless the contractor is entitled to retain such funds under the 3! terms of the contract or refunds the excess funds within 30 days after the date the job is 32 abandoned; 33 c. The contractor's job has been completed, and it is shown that the 34 customer has had to pay more for the contracted job than the original contract price, as 35 adjusted for subsequent change orders, unless such increase in cost ~ -36- Words added are underlined; words deleled are =.-:k ~r:u~h. JUN 0 8 1999 ag 1 circumstances beyond the control of the contractor, was the result of circumstances caused 2 by the customer, or was otherwise permitted by the terms of the contract between the 3 contractor and the customer. 4 4.1.9. Performing any act which assists a person or entity in engaging in the 5 prohibited unlicensed practice of contracting, if the licensed contractor knows or should 6 have known that the person or entity was unlicensed. ? 4.1.10. Failing to promptly correct faulty workmanship or promptly replace faulty 8 materials installed contrary to the provisions of the construction contract. Faulty 9 workmanship means work that is not commenced, not continued, or not completed in 10 accordance with all specifications of the applicable written agreement. Faulty 1! workmanship includes any material flaw{s) in the_quality and/or quantity of the unfinished 12 or finished work product, including any item that does not function properly.as a part of 13 the entire project. If there is no written agreement provision regarding the specific faulty 14 workmanship issue, faulty workmanship exists if the work, process, product or part thereof !5 does not meet generally accepted standards in Collier County in relation to the entire 16 project. Faulty workmanship does not include matters of esthetics unless the esthetically 17 related item clearly violates a written contract specification directly related thereto. 18 4.1.11. Failure to maintain at all times, .with an insurance company authorized to 19 do business in the State of Florida, the limits of liability and other categories of insurance 20 as required by this Ordinance. 2! 4.1.12. Failing to claim or refusing to accept certified mail directed to the 22 contractor by the Contractors' Licensing Board, or its designee. 23 4.1.13. Falling to maintain a current mailing address. 24 4.1.14. Failing to appear in person or through a duly authorized representative at 25 any scheduled ,hearing on a complaint filed against the contractor. 26 4.1.15. Being convicted or found guilty, regardless of adjudication, of a crime in 27 Collier County which directly relates to the practice of contracting or the ability to practice 28 contracting. 29 4.1.16. Allowing another to take a qualifying examination on the applicant's 30 behalf. 3! 4.1.17. Engaging in contracting business in Collier County or the City cf 32 when prohibited from doing so by the Contractors' Licensing Board of Collier County. 33 4.1.18. Proceeding on any job without obtaining applicable permits or inspections 34 from the Cityv. -¢ .~'~"~"",~,.~ building and zoning division or the county building review and 35 permitting department. AGENDA ITEM -37- NO..~__~ ~ ~ Words added arc ~; words deleted arc :w.'ck '~.h.-cugh. JUN 0 8 1999 ! 4.1.19. Failing in any material respect to comply with the provisions of this 2 Ordinance as a contractor or as a qualifying agent for a business entity engaging in 3 contracting. 4 4.1.20. Signing a statement with respect to a project or contract falsely indicating 5 that the work is bonded; falsely indicating that payment has been made for subcontracted 6 work, labor, or materials which results in a financial loss to the owner, purchaser, or 7 contractor; or falsely indicating that Workers' Compensation and public liability insurance s are provided. 9 4.1.21. Failure of a qualifying agent for a firm/legal business entity to comply with 10 the requirements set forth in Sections 489.119 and 489.1195, Florida Statutes. !1 4.1.22. Falsifying or misrepresenting any material fact to another person with the 12 intent or for the purpose of engaging in the contracting business, providing materials or 13 services, or soliciting business for an employer, as a contractor, or as an employee, 14 regardless of any financial consideration. 15 4.1.23. Failing or refusing to provide proof of public liability and property damage 16 insurance coverage and workers compensation insurance coverage. 17 4.1.24. Misconduct in the practice of contracting (See section 4.2, below). !S 4.2. Misconduct- State Certified Contractors 19 The following actions by State Certified Contractors shall constitute misconduct and 20 grounds for discipline pursuant to Section 4.3 of this Ordinance. 21 4.2.1. Failing or refusing to provide proof of public liability and property damage 22 insurance coverage and workers compensation insurance coverage as reo. uired by Florida 23 Statutes. 24 4.2.2. Willfully violating the applicable building codes or laws of the state, City 25 ,~.~cp[c: or Collier County. 26 4.2.3. Ii the CLB °~.~rd finds through fl=~ its p~Dl'[~ hearing process that the 27 contractor was found~...~"":~"' ,,, :" J;LY another county or municipality within the past twelve 28 (12) months, to have committed ef fraud or a willful building code violation and the CLB 29 finds that such fraud or other willful violation ~ would have been fraud or a willful ,30 violation if committed in Collier County or within the respective City cf 31 4.2.4. Fraud. 32 4.3. Disciplinary Proceedings, including Minor Violations. 33 4.3.1. There are three (3) categories of violations: fi) Violations of subsection 34 489.127(1), F.5.; Violations of subsection 489.132(1), F.5.; and (iii) other violations within 35 the jurisdiction of the Contractor's Licensing Board. A~A I'l'~r.M -35° Words added are underlined; words deleted are :L-.':~ '~.brc::g~. J U N 0 8 1999 ! a. Subsection 489.127(1), F.S., is incorporated herein. (Lack of required 2 license, certificate, or registration). The following are designated to enforce subsection 3 487.127(1), F.S.: Collier County Building Official, all License Compliance Officers, the 4 Chief Building Inspector, Chief Electrical Inspector, Chief_ Plumbing/Mechanical 5 Mechanical, and/or other inspectors authorized from time-to-time by the Building Official. (i Procedures specified in this Ordinance shall apply except to the extent, if any, that Section ? 489.127 or Section 489.132, may require different procedure(s). The penalties for each 8 uncontested violation of subsection 489.127(1) and/or 489.132(1), F.S., are three hundred 9 ($300) dollars for the first uncontested violation and five hundred dollars ($500.00) for 10 each subsequent uncontested violation by the same individual or entity. Penalties for 11 contested violations of subsection 489.127(1), F.S., are as now or hereafter specified in 12 Section 489.127, F.S. Penalties for contested violations of subsection 489.132(1), F.S., are 13 as now or hereafter specified in Section 489.132, F.S. The Citation form attached hereto as 14 Exhibit #A' is approved, which form may be amended from time-to-time by Resolution of 15 the Board of County Commissioners. 16 b. Minor Violations: The Contractor Licensing Supervisor or desi§nee 17 shall issue a "Notice of Noncompliance~ as the County's first response to a minor violation 18 of any provision_of any regulatory law, including this Ordinance, when (i) it is reasonable 19 for Staff to assume that the violator, at the time of violation, was not aware of the provision 20 that was violated or it can be assumed that it was not clear to the violator how to comply 21 with the violated provision; and (ii) that violation has not then resulted in economic harm 22 or physical harm to any person; and (iii) the violation has neither adversely affected the 23 public health, safety, or welfare, nor created any significant threat of any such adverse 24 affect. The Notice of Noncompliance should identify the specific pi'ovision that was 25 violated, should provide information on how to comply with that provision and should 26 specify a reasonable time for full compliance. The Notice of Noncompliance shall not be 2? accompanied with any immediate threat of any monetary fine or any other disciplinary 28 penalty, but may specify that failure of the violator to correct the violation within the time 2p specified in the Notice for Compliance may result in disciplinary proceedings. Each 30 violation that is not a ~minoff' violation is a 'major~ violation. 31 c. Major Violations. The Contractor Licensing Supervisor, or his 32 designee, may initiate disciplinary proceedings against a licensed contractor for major 33 violations of this Ordinance by filing a sworn complaint with the Clerk to the Collier 34 County Board of County Commissioners. AC~.N~A ITEI~ Words added are ~; words delet~d are :~_.:~ ~-,::g~. JUN 0 8 1999 d. Failure of Non-State Certified Individual to Promptly Pay Pay Penalty. to County.. The Collier County. Building Department should not issue any permit or arly other required authorization to any Collier County. Certified individual who then has an obligation to pay a penalty_ to the County. imposed with finality, under this Ordinance fQr ~rly violation of this Ordinance lincluding a citation that is not contested) and that irldividual has not paid that penalty, in full by the applicable deadline date, plus reimbursement of the County's costs, such as recording fees and court costs. An appeal of uncontested citations stays all such withholdings. e. Failure of Non-State Certified Individual to Meet Permit Conditions, The County's Building Department may withhold issuance of any further permit(s) or aqy other authorization(sI to any individual who. or entity, that~ has not then complied with any condition of all County-issued permit(s) issued to that individual or entity., including every follow-up inspection or any other act then capable of being complied with. althou_~h late in time. f. Withholding Permit Pulling Privileges of State Certified Contractor. Before the CLB may withhold any permit pulling privilege(s) of a State Certified Contractor. the CLB. after public hearing, must find that the Contractor violated a provision of Section 4.2 of this Ordinance. 4.3.2. Any person who believes that a contractor holding a Certificate of Competency has violated this Ordinance may submit a sworn complaint to the Contractor Licensing Supervisor, or his/her designee. The complaint shall be in substantially the form prescribed by the Contractor Licensing Supervisor. The complainant shall pay a fee of $50.00, to defray the costs of administering the complaint, at the time of filing the complaint. The complaining party shall state with particularity which section(s) of this Ordinance he or she believes has been violated by the contractor and the essential facts in support thereof. 4.3.3. Upon {he submission of a sworn complaint, the Contractor Licensing Supervisor, or his/her designee, shall conduct a preliminary investigation and determine whether the complaint submitted warrants the filing of formal char§es. If charges are warranted, the Contractor Licensing Supervisor, or his/her designee, shall file the complaint with the Clerk to the Collier County Board of County Commissioners and shall send, by certified mail, return receipt requested, a letter to the licensed contractor at his local address, or if applicable the local agent's address, as shown by the records of the Contractors' Licensing Board, enclosing a copy of the complaint and indicating: a. The name of the complainant; b. The date(s) of the commission of the alleged offense s); AC~.NOA ITEM - JUN 0 Words added are underlined; words deleted are :~:~ '~'...rc'.:':~,pg.__ /7/~ 1 c. The section(s) of this Ordinance alleged to have been violated; 2 d. The range of disciplinary sanctions which may be imposed upon any 3 contractor, pursuant to this Ordinance by the Contractors'. Licensing Board in the event 4 said Board finds a violation of this Ordinance to have occurred; 5 e. The date, time and place at which the contractor shall appear before 6 the Contractor's Licensing Board for a hearing regarding the complaint. The date scheduled ? shall not be sooner than twenty (20) days from the mailing date of the certified letter. 8 4.3.3.1. The notice of hearing required by this Section may, in the alternative, be 9 accomplished by hand delivery of said notice to the contractor by the Contractor Licensing 10 Supervisor, or his/her designee, or by leaving said notice at the contractor's business or 11 usual place of residence with some person of his/her family over 15 years of age and 12 informing such person of the contents of the notice. 13 4.3.3.2. As an alternative to providing notice as set forth above, at the option of the 14 Contractor Licensing Supervisor, notice may be furnished to the contractor by publication 15 as follows: 16 a. Such notice shall be published once during each week for four (4) l? consecutive weeks (four publications being sufficient) in a newspaper of general 18 circulation in Collier County. The newspaper shall meet such requirements as are 29 prescribed under Chapter 50, Florida Statutes, for legal and official advertisements; 2o b. Proof of publication shall be made as provided in Sections 501041 21 and 50.051, Florida Statutes. Notice by publication may run concurrently with, or may 22 follow an attempt or attempts to provide notice by hand delivery or by mail as required by 23 this Section. 24 4.3.3.3. Although not required to prove that notice was provided, evidence 25 that an attempt has been made to hand deliver or mail notice as provided in this Section, 26 together with i~roof of publication as provided in Subsection 4.3.3.2, shall be sufficient to 27 show that the notice of hearing requirements of this Section have been met, without regard 28 to whether or not the alleged violator actually received such notice. 29 4.3.4. Conduct of Hearing. 3o 4.3.4.1. A hearing shall be held concerning the complaint and it shall be open to 31 the public. 32 4.3.4.2. The proceedings at the hearing shall be recorded and may be transcribed 33 at the expense of the party requesting the transcript. Any party may have a court reporter 34 present at the hearing at his\her own expense. Neither Collier County no~ the Contractors' AGENDA, 41- JUN O 8 1999 Words added are underlined: words deleted are :~:ck ! Licensing Board shall be responsible for any failure of recording equipment during the 2 conduct of the hearing. 3 4.3.4.3. Each case before the Contractors' Licensing Board shall be presented by 4 the County Attorney, an Assistant County Attorney, or by a member of the County staff. 5 Regarding matters under the jurisdiction of the Contractor's Licensing Board, the Building 6 Official is authorized to issue subpoenas to the greatest extent then allowed by law, ? including Section 162.08, F.S. 8 4.3.4.4. Assuming proper notice of the hearing has been provided to the contractor, 9 or was not received notwithstandin_e attempts to notify the contractor., as provided for in 10 Section 4.3.3 of this Ordinance, a hearing may proceed in the absence of the contractor. 1! Evidence resardin_e 'notice' shall be received prior to receivin8 evidence on the merits of 12 the case. 13 4.3.4.$. The Contractors' Licensing Board shall proceed to hear the cases on the 14 agenda for that day. All testimony shall be under oath and shall be recorded. The ~5 Contractors' Licensing Board shall hear testimony from the Contractor Licensing 16 Supervisor, or his/her designee, from the contractor alleged to be in violation of this l? Ordinance, and from such other witnesses as may be called by the respective parties. 18 4.3.4.6. Formal rules of evidence shall not apply, but fundamental fairness and due 19 process shall be observed and shall govern the proceedings. Irrelevant, immaterial or 20 cumulative evidence shall be excluded; but all other evidence of a type commonly relied 2! upon by reasonably prudent persons in the conduct of their affairs shall be admissible, 22 whether or not such evidence would be admissible in a trial in the courts of the State of 23 Florida. Hearsay evidence may be used for the purpose of supplementing or explaining 24 any evidence but shall not be sufficient, by itself, to support a finding u~less such hearsay 25 would be admissible over objection in civil actions in court. The rules of privilege shall be 26 effective to the same extent that they are now or hereafter may be recognized in civil 27 actions. 28 4.3.4.7. Any member of the Contractors' Licensing Board may question any witness. 29 before the Board. Each party to the proceedings shall have the right to call and examine 3o witnesses; to introduce exhibits; to cross-examine witnesses; to impeach any witness 3! regardless of which party called the witness to testify and to rebut any evidence presented 32 against the party. 33 4.3.4.8. The chairperson or, in his/her absence, the vice chairperson, shall have all 34 powers necessary to conduct the proceedings at the hearing in a full, fair and impartial 35 manner and to preserve order and decorum. AGENDA ITEM 42- JUN 0 8 1999 Words added are underlined; wor~ delct~l, nrc :t.-_'=~ ,,.. 4,'?' 1 4.3.4.9. At the conclusion of the hearing, the Contractors' Licensing Board shall :z issue findings of fact based on evidence of record and conclusions of law; impose 3 disciplinary sanctions, if warranted; and shall issue whatever order is necessary and proper 4 to dispose of the complaint in accordance with this Ordinance and Florida law. Said 5 findings of fact, conclusions of law, disciplinary sanctions, if any, and any related order 6 shall constitute the decision of the Contractors' Licensing 8oard on the case heard before ? the Board. S 4.3.4.10., The decision of the Contractors' Licensing Board shall be stated orally at 9 the hearing and shall be reduced to writing and mailed to the parties within 30 days after 10 the hearing. The findings of fact and conclusions of law, disciplinary sanctions, if any, and 1! any related order shall be made by motion approved by a majority of the members of the 12 Contractors' Licensing Board who are present and voting. The decision of the Board shall 13 be effective upon being stated orally at the bearing, unless the Board orders otherwise. 14 The decision of the Board shall be filed with the Clerk to the Collier County Board of 15 County Commissioners promptly after said decision is reduced to writing. 16 4.3.4.11. Should the Contractors' Licensing Board be unable to issue a decision !? immediately following any hearing because of questions of law or other matters of such !8 nature that a decision cannot be immediately made, the Board may withhold issuing its 19 decision until a subsequent meeting. In such case, further discussion of the pending matter 20 and all deliberations relating thereto by members of the Contractors' Licensing Board shall · 21 take place only at a public meeting of the Board. The Board shall thereafter issue its ' 22 decision pursuant to Subsections 4.3.4.9 and 4.3.4.10 of this Ordinance. 23 4.3.5. Disciplinary Sanctions. ~. 24 4.3.5.1. Holders of Collier County/City ~f .~.'ap!~ Certificates of Competency. If, "- 25 after hearing,'the Contractors' Licensing Board finds that there has been misconduct by a 26 contractor, within the meaning of Section 4.1 of this Ordinance, said Board may, but shall 2? not be required to, impose any of the following enumerated sanctions, alone or in 28 combination: 29 a. Revocation of a Collier County/City of .k.~.~p!:: Certificate of 30 Competency; 31 b. Suspension of a Collier County/City cf ?.'ap!~= Certificate 32 of Competency; 33 c. Denial of the issuance or renewal of a Collier County/City cf 34 Certificate of Competency; 35 d. A period of probation of reasonable length, not to exc~ ''~ -43- ',- Words added are ~; words deleted are =~'.:'c~ *~..~'~=~,~. JU~ 0 ! during which the contractor's contracting activities shall be under the supervision of the 2 Contractors' Licensing Board; and/or participation in a duly accredited program of 3 continuing education directly related to the contractor's contracting activities. Any period 4 of probation or continuing education program ordered by the Contractors' Licensing Board 5 may be revoked for cause by said Board at a hearing noticed to consider said purpose. The 6 contents of said notice shall be substantially as provided for in Section 4.3.3 of this 7 Ordinance. Service of said notice shall be as provided in Sections 4.3.3 and 4.3.3.1 of this 8 Ordinance. Evidence that either of these methods of service have been utilized shall be 9 sufficient to show that the notice of hearing requirements of this Section have been met, 10 without regard to whether or not the alleged violator actually received notice; 11 e, Restitution; 12 f. A fine not to exceed $5,000; ]3 g. A public reprimand; ]4 h. Re-examination requirement; ]5 i. Denial of the issuance of Collier County or City e( .Na~!c= building 16 permits or requiring the issuance of permits with specific conditions,; ]? j. Reasonable investigative and legal costs for the prosecution of the 18 violation. ]9 4.3.5.2. Holders of State of Florida Certificates of Competency. 2o a. If, after hearing, the Contractors' Licensing Board finds that there has 21 been misconduct by a State certified contractor, within the meaning of Section 4.2 of this 22 Ordinance, said Board may deny the issuance of Collier County/City cf Had!c= building 23 permits or require the issuance of permits with specific conditions. 24 b. Notification of and information concerning such permit denial shall 25 be submitted to the Florida Department of Business and Professional Regulation within 15 26 days after the Contractors' Licensing Board decides to deny'ih~'permit. 2? 4.3.5.3. When imposing any disciplinary sanction on a contractor or a person 28 holding a Certificate of Competency or a state certified contractor who has been found to 29 have violated this Ordinance, the Contractors' Licensing Board shall-consider all the 30 evidence presented at the hearing as well as: 3] a. The gravity of the violation; 32 b. The impact of the violation on the public health, welfare or safety; 33 c. Any actions taken by the violator t° correct the violation; 34 d. Any previous violations committed by the violator; 35 e. Any other evidence presented at the hearing by the parti~ relev~l~q~-l~A ITEM JUN 0 8 7999 Words added are ~; words deleted are :~.:'ck ! to the sanction which is appropriate for the case given the nature of the violation and the 2 violator. 3 4.3.5.4. Any disciplinary sanctions imposed by the Contractors' Licensing Board 4 shall be effective upon being stated orally at the hearing unless the Board orders otherwise, 5 all in accordance with Section 4.3.4.10 of this Ordinance. 6 4.3.5.5. In addition to any action the Contractors' Licensing Board may take against 7 the individual's or business organization's local license, and any fine the Contractors' 8 Licensing Board may impose, the Contractors' Licensing Board shall issue a recommended 9 penalty for the State Construction Industry Licensing Board or if the action involves an 10 electrical contractor or an alarm contractor, the State Electrical Contractors' Licensing 11 Board action. This recommended penalty may include a recommendation for no further 12 action, or a recommendation for suspension, revocation, or restriction of the registration, or ]3 a fine to be levied by the Construction I'ndustry Licensing Board or Electrical Contractors' 14 Licensing Board, or a combination thereof. The Contractors' Licensing Board body shall 15 inform the disciplined contractor and the complainant of the local license penalty 16 imposed, the penalty recommended, his rights to appeal, and the consequences should he 17 decide not to appeal. The Contractors' Licensing Board shall, upon having reached 18 adjudication immediately inform the Construction Industry Licensing Board or Electrical 19 Contractors' Licensing Board of its action and the recommended board penalty. 2o 4.3.5.6 Fines and all other monetary penalties may be collected and disposed as 21 authorized by and subject to Chapter 489, F.S. Should any monetary penalty imposed by 22 the Board not be paid within the time specified by the Board's Order, the Board may 23 request from the Board of County Commissioners authority to that appropriate legal action 24 to collect the penalty. 25 PART FIVE: REHEARING AND APPEALS OF DECISIONS OF THE CONTRACTORS' -- 26 LICENSING BOARD. . 2"/ 5.1. Rehearing. 28 Thc co~t=~or Each respondent found to be in violation of this Ordinance, any other party.. 29 the Chairman of the CLB. the CLB as a body. or the Assistant County. Attorney who tried 30 the case may request a rehearing of any decision of the Cc~tr=~=r:' L!:=,~=ing 2o:rd CLB. 31 A request for rehearing shall be re=d= in writing and shall be filed with t.k.: C!:rk tc tff~ 32 ~'~m~,~,,,~, ,"~_,,.~ ...... ~,~o^~"~ ~,~ C=unt'/ C~mm!ss!cncr:, staff and a cody., thereof should be 33 delivered to s:.".'cd on amf all other parties within' twenty (20) days from the date of 34 mailing or other method of delivery, to the Respondent(s) of the Board's Written decision 35 under Se~icn ~..37,.9 =nd ~,.3.~,.79 cf this Ordinance. A request for rel' ~aring.~ll~.)ilE~lTE. -45- JUN 0 8 1999 Words added are ~; words deleted are :~-':k ! based only on the ground that fundamental error occurred which resulted in a failure of 2 due process~ the decision was contrary to the evidence, or that the hearing involved an 3 error on a ruling of law and/or fact which was fundamental to the decision of the CLB 4 Contr=~or:' !!:on~!ng Doard. The written request for rehearing shall specify the precise .5 issuers) on which the request for rehearing is based :0::o,".: tharafor. The decision of the 6 CLB Co~*.r:~or:' L!:an:!.".g Do:rd which is the' subject of the rehearing request shall ? remain in effect throughout the rehearing procedure unless the County's Licensiqg 8 Supervisor or the CLB Contr:~o,:' L!:o,'::!~g Do:rd orders otherwise. If any person with 9 standing claims that fundamental error has occurred and such error is capable of bein~ 10 corrected, a request for a rehearing by the CLB must be filed with county, staff. The CLR 1! must issue its Final Order on Rehearing before any request for any type of appellate review 12 can be filed with any couI1, 13 5.1.2. If the Contractors' Licensing Board determines it will grant a rehearing, it 15 a. Conduct S~,k,:d'~!: a hearing where the parties will be given the ~6 opportunity of presenting evidence and/or argument which may be, limited by the Board to 17 the specific ,'=::=,q~ issues for which the rehearing was granted. 18 b. Affirm, Mrnodify, or reverse its prior decision, with or without 19 receiving further evidence, providing that the change(s) is/are based on a finding that the 20 prior decision of the Ccntr:~o.":' L[cc,q:!.".g Board resulted from fundamental error or a 21 ruling on a question of law or of fact which the Board has been informed by its counsel 22 was fundamental error or an erroneous ruling and that further Board action is required to 23 correct such error(s). 24 5.2. App==!= Appellate-t.v_oe Review. 25 5.2.1. Each disciplinary action of the CLB is 0uasi-!udicial. Each The ::ntra~or ~6 person or entity found to be in violation of this Ordinance may appeal a decision of the 27 Contractors' Licensing Board to the Collier County Circuit Court as authorized by 28 subsection 489.127(5)(kLFIorida Statutes. in conformity with Florida Rules of Appellate 29 Procedure. and sub!ect to mandatory, prerequisite rehearing under section 5.1. above, if the 30 error is correctable. Such an appeal shall not be a hearing de novo but shall be limited to 3! appellate review of the record created before the C:ntra~:rs' L!ccns]ng ~::rd CLB in 32 accord with Florida Rules of Appellate Procedure. Any appeal shall be filed with the 33 Circuit Court and be served on the parties within thirty (30) days of the rendition t~ 34 ma~!~ng of the effective Final Order d=c!s~cn of the Board '.-'nd=r ¢^"*~-~ ~ ~ ~ ~ and 35 '1..3/,.19 cf t,k,!: O:dL",:nc~. If there has been a re-hearing request, the appeal sl~ ~11 be fJIt]IP. NDA ITEM ' -46- JUN 0 8 1999 Words added are underlined; words deleted arc :'..~:~ '~- ..... ~- ! with the Circuit Court and be served on the parties within thirty (30) days of the renditioil 2 m~:~;~, of the Board's ro hc:r!,~g decision on re-heariqg ,,-'~- 3 Ordln:nce. 4 5.2.2. In the event *~'-* ..... the .uerson or entity. :on.rob.or* '~ found to be in violation of s this Ordinance should elect to appeal, a verbatim record and transcript relevant tO ef the 6 case ..... '"~:~ shall be nccc~::,"/as reauired bv Florida Rules of Aouellate Procedure. It ? shall be the sole responsibility of the ::~d p:.'1'./the person or entity_ seekin_~ such review to 8 ensure that a record is made from which a transcript may be prepared which includes the 9 testimony upon which an appeal may be taken. Neither Collier County nor the CLB to Contr:~or:' L[c:n:!ng Bo:rd shall have any responsibility to provide a verbatim record u transcript of the proceedings, ]2 5.2.3. Subpoenas. Any party, or the attorney for a party, to a proceedin~ before the ~3 CLB may acouire from staff free subpoenas for witnesses and/or for production of tangible ~4 evidence, but not for any deposition. Rule 1.410 of Florida Rules of Civil Procedure apply Is thereto. As used in Rule 1.410. 'Court~ shall mean 'the CLB~ and 'Clerk~ shall mean ~6 'county staff.' Each subpoena must be issued by the party, or by an attorney for that party.. _ ~8 SECTION TWO: CONFLICT AND SEV[RABILITY. t9 In the event this Ordinance conflicts with any ordinance of an applicable Municipal 20 Corporation or of Collier County, or with any superseding statutory provision, the more 2] restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or 22 unconstitutional by any court of competent jurisdiction, such portion shall be deemed a 23 separate, distinct, and independent provision and such holding shall not affect the validity 24 of the remaining portion. 25 26 sECTION THRE'~: INCLUSION INTO THE CODE OF LAWS AND ORDINANCES. 2? The provision of this Ordinance shall become and be made a part of the Code of 28 Laws and Ordinances of Collier County, Florida. Provisions of this Ordinance may be 29 renumbered or relettered to accomplish same, including the word 'ordinance~ may be 3o changed to 'section~, 'subsection', 'article', or other appropriate word. 31 32 SECTION FOUR: EFFECTIVE DATE. 33 This Ordinance shall take effect upon filing with .the Florida Department of State. 34 JUN 0 8 999 Words added are underlined; words deleted are :~'~-':k ! PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier 2 County, Florida, this __ day of ,1999. 3 4 5 A'FI'EST: 6 DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS ./ OF COLLIER COUNTY, FLORIDA 8 10 it By:. By: 12 Deputy Clerk PAMELA S. MAC'KIE, Chairwoman 14 ~, 1(i Approved as to form and · 1'/ legal sufficiency: 18 2O 2.1 Thomas C. Palmer 22 Assistant County Attorney 23 H/tcp/Ord.'99/CLB O~l 24 AGENDA ITEM Wordsaddcdare~derlin~;wordsgelctedare:t..-_~k,Z.-:u~. JUN 0 *J 999 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "CHESSER SUBDIVISION" OBJECTIVE: To approve for recording the final plat of Chesser Subdivision, a subdivision of lands located in Section 10, Township 49 South, Range 26 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the final plat of "Chesser Subdivision". This document is in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. There are no subdivision related improvements associated with this plat. Engineering Review Section recommends that the final plat of "Chesser ,,'-'qubdivision" be approved for recording. FISCAL IMPACT: The Cohnty will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $450'.00 Plat Review Fees GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "~Chesser Subdivision" with the following stipulations: 1. Authorize the recording of the Final Plat of" C~ ~ess~r--4--~--~X4~^GENPA'T~ Subdivision." JUN 0 8 1999 Pp. / Executive Summary Chesser Subdivision Page 2 PREPARED BY: Houldsworth, Senior Engineer Date Engineering Review REVIEWED BY: ThOmas ~.. Kuck, P.E. Date Engineering Review Manager Rob P Date Planning Services Department Director A BY: Vincent A. Cautero, AICP Administrator Date Community Dev. and Environmental Svcs. Community Dev. and Environmental Svcs. DIVISION JUN 0 8 1999 PROJECT ~ ~e ~.~. SITE 3rd Avenue S.W. 0 0 5th Avenue S.W · 7th Avenue S.W. ~n LOCATION MAP' (N.T,S.) JUN 0 8 1999 EXECUTIVE SUMMARY ~EQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "ISLE VERDE AT PELICAN BAY" OBJECTIVE: To grant final acceptance of "Isle Verde at Pelican Bay" CONSIDERATION: 1. On May 15, 1995, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Isle Verde at Pelican Bay". 2. The roadway, drainage, water and sewer improvements not required by the plat to be maintained by the project's homeowners association will be maintained by the County. 3. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The roadway, drainage water and sewer improvements not required to be maintained by the project's homeowners association will be maintained by the County Transportation Department and the County Utility Divisions. Funds for ~he routine maintenance and upkeep will come from the Operations and Maintenance budgets of the Transportation ServiceS and Utility Divisions. GROWTH MANAGEMENT IMPACT: None JUN 0 8 1999 Executive Summary Isle Verde at Pelican Bay Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Isle Verde at Pelican Bay" 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: · . Houldsworth, Senior Engineer Date Engineering Review REVIEW~ BY: Thoma~E. Kuck, P.E. Date Engineering Review Manager Robert ~ulhere, AICP Date Planning Services Department Director APPROVED_. BY,~ Vincent A. Cautero, AICP, Administrator Date Community Dev. and Environmental Svcs. j rh JUN 0 8 1999 pg. ~ BEACH ~tOAD AN BAY I IOULEVARD PI dE R[DOE ROAr LOCATION MAP ~. 3 1 RESOLUTION NO. 99- 2 3 4 RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF 5 THOSE ROADWAY, DRAINAGE, WATER AND SEWER 6 IMPROVEMENTS 1N ISLE VERDE AT PELICAN BAY, 7 RELEASE OF THE MAINTENANCE SECLq~ITY, AND 8 ACCEPTING THE MAINTENANCE RESPONSIBILITY 9 FOR THE ROADWAY, DRAINAGE, WATER AND 10 SEWER IMPROVEMENTS THAT ARE NOT REQUIRED 11 TO BE MAINTAINED BY THE HOMEOWNERS 12 AS S OCIATION. 13 14 15 16 WHEREAS, the Board of County Commissioners of Collier County, Florida on August 17 11, 1992 approved the plat of Isle Verde at Pelican Bay for recording; and 18 19 WHEREAS, the developer has constructed and maintained the roadway, drainage, water 20 and sewer improvements in accordance with the approved plans and specifications and as 21 required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); 22 and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and 23 24 WHEREAS, the developer has now requested final acceptance of the roadway, drainage, 25 water and sewer improvements and release of his maintenance security; and 26 27 WHEREAS, the Compliance Services Section of the Development Services Deparmaent 28 has inspected the roadway, drainage, water and sewer improvements and is recommending 29 acceptance of said facilities. 30 31 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY ""-' 32 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for 33 those roadway, drainage, water and sewer improvements in Isle Verde at Pelican Bay, and 34 authorize the Clerk to release the maintenance security. 35 36 BE IT FURTHER RESOLVED AND ORDERED that the County accept the future 37 maintenance and other attendant costs for the roadway, drainage, water and sewer improvements - 38 that are not required to be maintained by the homeowners association. ' 39 40 This Resolution adopted after motion, second and majority vote favoring same. 41 42 43 44 DATE'.' BOARD OF COUNTY COMMISsIoNERs 45 ATTEST: COLLIER COUNTY, FLORIDA 46 DWIGHT E. BR'OCK, CLERK 47 48 By:. 49 PAMELA S. MAC'KIE, CHAIRWOMAN 50 51 52 Approved as to form and legal 53 sufficiency: 54 56 Heidi F. A~hton 57 A~i~mmt Collier County Attorney 58 ~ 59. 60 JUN 0 8 1999 EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "POINTE VERDE AT PELICAN BAY" OBJECTIVE: To grant final acceptance of "Pointe Verde at Pelican Bay" CONSIDERATION: 1. On May 15, 1995, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Pointe Verde at Pelican Bay". 2. The roadway, drainage, water and sewer improvements not required by the plat to be maintained by the project's homeowners association will be maintained by the County. 3. The required improvements have been constructed in accordance with the Land Development Code. The County Development ~--- Services has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The roadway, drainage water and sewer improvements not required to be maintained by the project's homeowners association will be maintained by the County Transportation Department and the County Utility Divisions. Funds for the routine maintehahce and upkeep will come from the Operations and Maintenance budgets of the Transportation Services and Utility Divisions. GROWTH MANAGEMENT IMPACT: None Executive Summary Pointe Verde at Pelican Bay Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Pointe Verde at Pelican Bay" 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 Date Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Date Engineering Review Manager Robert Mulhere, AICP Date Planning Services Department Director APPROVED~Y: .~ Vinceht A. Cautero, AICP, Administrator Date Community Dev. and Environmental Svcs. j rh AGENOA IT~ - No.~' 0 VANDE ILT BEACH OAD I' BAY IOULE¥ X _~ DOE ROAI JUN 0 LOCATION MAP 1 RESOLUTION NO. 99' 2 3 4 RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF "'"' 5 THOSE ROADWAY, DRAINAGE, WATER AND SEWER 6 IMPROVEMENTS IN POINTE VERDE AT PELICAN BAY, 7 RELEASE OF THE MAINTENANCE SECURITY, AND 8 ACCEPTING THE MAINTENANCE RESPONSIBILITY 9 FOR THE ROADWAY, DRAINAGE, WATER AND 10 SEWER IMPROVEMENTS THAT ARE NOT REQUIRED 11 TO BE MAINTAINED BY THE HOMEOWNERS 12 ASSOCIATION. 13 14 15 16 WHEREAS, the Board of County Commissioners of Collier County, Florida, on August 17 11, 1992 approved the plat of Pointe Verde at Pelican Bay for recording; and 18 19 WHEREAS, the developer has constructed and maintained the roadway, drainage, water 20 and sewer improvements in accordance with the approved plans and specifications and as 21 required by the Land Development Code (Collier County Ordinance N.o. 91-102, as amended); 22 and the Utilities Standards and Procedures Ordinance (Collier County'Ordinance No. 97-17), and ' 23 24 WHEREAS, the developer has now requested final acceptance of the roadway, drainage, 25 water and sewer improvements and release of his maintenance security; and 26 27 WHEREAS, the Compliance Services Section of the Development Services Department 28 has inspected the roadway, drainage, water and sewer improvements and is recommending 29 acceptance of said facilities. 30 .~--~ 31 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 32 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for 33 those roadway, drainage, water and sewer improvements in Pointe Verde at Pelican Bay, and 34 authorize the Clerk to release the maintenance security. 35 36 BE IT FURTHER RESOLVED AND ORDERED that the County accept the future 37 maintenance and other attendant costs for the roadway, drainage, water and sewer improvements 38 that are not required to be maintained by the homeowners association. 39 40 This Resolution adopted after motion, second and majority vote favoring same. 41 42 ' 43 44 DATE: BOARD OF COUNTY COMMISSIONERS 45 ATTEST: COLLIER COUNTY, FLORIDA 46 DWIGHT E. BROCK, CLERK ' 48 By: 49 PAMELA S. MAC'KIE, CHAIRWOMAN 50 51 52 Approved as to form and legal 53 sufficiency: 56 He~di I/73~hton ' 57 Assistant Collier County Attorney 58 ~ 59 - 60 AOENDA Il'EM JUN 0 8 1999 EXECUTIVE SUMMARY ACCEPT AN INGRESS, EGRESS AND UTILITY EASEMENT FROM BONNESS, INC. ~ Accept an Ingress, Egress and Utility Easement From Bonness, Inc., in conjunction with the recording of the Kathleen Court Plat. CONSIDERATION: Kathleen Court is a short cul-de-sac intended to be a public road.. A portion of the road is conveyed via the Kathleen Court Plat. -The road should be available to the public for access and to the County for maintenance and access. Therefore, the plat was approved for recording contingent upon the granting of the Ingress, Egress and Utility Easement from Bonness, Inc. The attached Ingress, Egress and Utility Easement has been reviewed and approved bY the Real Property Management Department, John Houldsworth, Senior Engineer, Engineering Review Department and the County Attorney's Office. Bonness Inc., has provided the County with a title commitment from the Law Office of Quarles and Brady which states the easement is being conveyed to the County free and clear of all encumbrances. FISCAL IMPACT: Staff estimates the total cost of recordation of the Ingress Egress and Utility Easement in the Public Records of Collier County, Florida will - not exceed $25.00. All costs and expenses to be paid by Bonness Inc. GROVVTH MANAGEMENT: None AGENDA IT.Ei'~ , J JUN 0 8 1999 RECOMMENDATION: That the Board of Collier County Commissioners accept the attached Ingress, Egress and Utility Easement From Bonness, Inc., and authorize staff to record the Ingress, Egress and Utility Easement in the Public Records of Collier County, Florida. ~eJal Pr~erty Management Department - REVIEWED BY:--'.,JO,A..~ /~ && ~.. ~..,,,'~ DATE: ~- ~./~ '~ ,John Houldsworth, Senior Engineer Planning Services Engineering Review Department Vince Cautero, Administrator ~ Community Development and Environmental Services AGENDA ITEJVL\ JUN 0 8 1999 Pg. INGRESS, EGRESS AND UTILITY EASEMENT THIS EASEMENT, granted this ls.__[t day of March, 199_29, by Bailie, K., Prcsidc'n~. Bonness, lnc. as Grantor, to COLLIER COUNTY, A POLITICAL SUBDIVISION O[' THE STATE OF FLORIDA, and to THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, as Grantee. WITNESSETH: That the Grantor for and in consideration of the sum of ten dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of whicln is hereby acknowledged, hereby conveys, grants, bargains and sells unto Gramcc. its st~cccssors and assigns, a perpetual, non-exclusive easement, license, and privelege to enter upon to install and maintain road, drainage, sidewalk and utility facilities, in, on. over under the following described lands being located in Collier County, Florida, to ~ it: See Attached Exhibit "A" which is - Incorporated herein by reference, - TO HAVE AND TO HOLD the same unto Grantee and its assigns, together x~'itln right to enter upon said land, excavate, and take materials for the purpose of constrt~cting. operating, and maintaining road, drainage, sidewalk and utility facilities thereon Gramor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the da~c and year first above written. WITNESS / ,P.-.~INT NAME / KATHLEEN BAILIE, President PRINT NAME STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 1st day of Mt~rch. 1999. b> Kathleen Bailie, as Presideni, Bonness, Inc. She is personally known to n',c and-~iid take Commission Expires: March 30, 2001 //"Name: Joseph M. Restino ~" Notary Public, State of Florida Prepared by: Shane Parker, EI ,~ / Co~I, £xptre$ ".. MeAnly Engineering and Design, Inc. -". i m~ ~0, 5105 Tamiami Trail East, Suite 202 ": ~ no. CC li18z¢2 ." Exhibit "A" ?5' PINE]~IDGE INDUSTRIAL PAILE INGRESS, EGRESS AND ~ILITY EASEMENT LEGAL DESC~PTION A PARCEL OF LAND LYING IN THE SOUTHWEST QUARTER OF SECTION 1 I, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION RUN N89°34' 15"E FOR 496.47 FEET; THENCE RUN N00°23'45"W FOR 378.82 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N00°23'45"W FOR 379.09 FEET TO THE SOUTH RIGHT OF WAY LI'NE OF SEWARD AVENUE; THENCE RUN N89°34'59"E FOR 30.00 FEET; THENCE RUN S00°23'45"E FOR 379.07 FEE"I'; THENCE RUN S89°32'30"E FOR 30,00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 0.26 ACRES MORE OR LESS, SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. FLORIDA REGISTRATION NO. 1543 MCANLY ENGINEERING AND DESIGN, INC. 5101 EAST TAMIAMI TRAIL, SUITE 202 NAPLES, FLORIDA 34113 STA;rE OF FLORIDA COUNTY OF COLLIER The foregoing instrument xvas ac 'knowledged before me this /~ ~ day of~~._~ 1998 by William C. McAnly, P.S.M. He is personally 'known to me, and did not take any oath. Commission N~ber: My Co~ission Expires: AGENDA ITE~ JUN 0 8 1999 EXECUTIVE SUMMARY A RESOLUTION AUTHORIZING THE COUNTY ADMINISTRATOR, OR THE DIVISION ADMINISTRATIOR OF COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES AS THE COUNTY'S DESIGNEES TO SIGN ALL DOCUMENTATION NECESSARY FOR THE ADMINISTRATION OF ALL CURRENT CDBG GRANT APPLICATIONS AND AWARDS. OBJECTIVE: A Resolution of Board of County Commissioner's to authorize either the County Administrator, or the Division Administrator of Community Development and Environmental Services as the County's designees to sign all documentation pertaining to (CDBG) Community Development Block Grants. CONSIDERATIONS: CDBG grants, Shellabarger Park Infrastructure Improvement project, White Lake Corporate Infrastructure Improvement project, and the Immokalee Regional Airport Manufacturing Facility are currently being administer by the County. The Department of Community Affairs (DCA) requires for each grant, that the Collier County pass a resolution designating who will be the signatory on all documentation. Prior to this' date resolutions have been passed naming only the Cgunty Administrator as the County's designee. These resolutions are, 95-692, for Shellabarger Park, 98-79 for White Lake Corporate Park, and 99-119 for the Airport's Manufacturing Facility. During the course of a year, there are times when the County Administrator may not be available for signature on important CDBG submissions. Because the County does not wish to be penalized for late submissions of documents, the DCA was contacted regarding this point. Their response was to pass a resolution naming an alternat'e signatory on all CDBG documentation. In the event the County Administrator is not available for signature, the Division Administrator of Community Development and Environmental Services should be. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: This resolution should not cause in increase in expenditure of CDBG Funds (121) for any of the above mentioned projects. RECOMMENDATIONS: That the Board of County Commissioners pass this resolution naming the Coumy administrator, or the Division Administrator as the County's signatory for all documentation necessary for the administration of - current CDBG grant applications and awards. PREPARED BY: ~(~~ Date: ,..)'- '~---~ t//'- c'' t~~'/ Housing and Urban Impro nt REVIEWED BY: ~?re~,--~'-~5~-~. Date:,ff~-''' 2 7- 77 g Mi~l~,TDirector ' Housil~and Urban lmpr0vement APPROVED BY: ,~n,c ~~_ ~/~-' Date: /~ ehtC~.'Caute o{r6'~fCP, Administrator Community Development & Environmental Services ~o. JUN 0 8 l RESOLUTION NO. 99- 2 3 A RESOLUTION AUTHORIZING THE 4 COUNTY ADMINISTRATOR, OR THE DIVISION 5 ADMINISTRATOR OF COMMUNITY DEVELOPMENT 6 AND ENVIRONMENTAL SERVICES AS THE 7 COUNTY DESIGNEE TO SIGN ALL 8 DOCUMENTATION NECESSARY FOR THE 9 ADMINISTRATION OF ALL CURRENT CDBG ]0 GRANT APPLICATIONS AND AWARDS ]2 WHEREAS, the Florida Department of Community Affairs awards grants through the Small Cities Community Development Block Grant Program of up to $750,000 to qualifying cities and counties for projects that benefit iow-and moderate-income persons, aid in the prevention or elimination of slums or blight, or meet other community 17 development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or 19 welfare of the community and where other financial resources are not 20 available to meet such needs; and 2] WHEREAS, a city or county may apply each cycle for a Co~uni~y 22 Development Block Grant for Economic Development, Neighborhood 23 Revitalization, Housing, or Community Revitalization based cn the 24 documented need for these funds, or the number of jobs created and the 25 amount of private capital leveraged; and 26 WHEREAS, Collier County has been awarded a $750,000 CDBG 27 Neighborhood Revitalization Grant project the Shellabarger Park 28 Project, located in Immokalee, Florida; and 29 WHEREAS, Collier County currently has been awarded a $750,000 30 CDBG Economic Development Grant for the White Lake Corporate Park Project, located near the area known as Golden Gate, Florida; and 32 WHEREAS, Collier County currently has $750,000 in CDBG 33 Economic Development Grant funds reserved for a project called the Immokalee Regional Airport Manufacturing Facility, located at the 35 Immokalee Regional Airport in Immokalee, Florida; and 36 WHEREAS, each of these grants needs to have documentation AGE~_A I~ ~ dUN 0 8 1999 1 ] signed and submitted to the Department of Community Affairs, located 2 in Tallahassee, Florida by either the Chief Elected official or their 3 designee; and 4 WHEREAS, County Administrator has been designated as the Board 5 of Collier County Commissioner's designee in each of the above 6 mentioned grants, as approved in resolution No. 95-692, for the 7 Shellabarger Park Infrastructure Improvement Project, in resolution 8 No. 98-79 for the White Lake Corporate Park Infrastructure Improvement 9 Project, and in resolution No. 99-119 for the Immokalee Regional ]0 Airport Manufacturing Facility Construction project; and ]! WHEREAS, at specific times during the course of a year the 12 Chief Elected Official, or the County Administrator may not be 13 available to sign and submit needed grant documentation to the ]4 Department of Community Affairs on a timely basis; ]6 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 17 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: ]8 1. The Board of County Commissioners hereby authorizes the ]9 County Administrator, or the Community Development and Environmental 20 Services Administrator to sign all documents pertaining to the CDBG 2! grants awarded to Collier County for the Shellabarger Park Project and 22 the White Lake Corporate Park Project, to accept grant funds on behalf 23 of the County, and to execute all agreements and documents cn behalf 24 of the Board of County Commissioners, including but not limited to 25 participating party agreements and the quarterly reports, and to 26 perform all acts associated with grant administration. 27 2. The Board of County Commissioners hereby authorizes the 28 County Administrator, or the Community Development and Environmental 29 Services Administrator to sign all documents pertaining to the CDBG 30 grants awarded to Collier County for the Immokalee Regional Airport 3! Manufacturing Facility's Project, to accept grant funds on behalf of AGEND. A IIFa~4~ No._~,~ JUN 0 8 1999 Pg. ! the county, and to execute all agreements and documents on behalf of 2 the Board of County Commissioners, including but not limited to 3 participating party agreements and the quarterly reports, and to 4 perform all acts associated with grant administration. 6 BE IT FURTHER RESOLVED that this Resolution be recorded by the 7 Official Clerk of Courts in the Public Records of Collier County, Florida. 9 ADOPTED this day of June, 1999. DATE: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ]2 13 14 ATTEST: 15 DWIGHT E. BROCK BY: PAMELA S. MAC'KIE, CHAIRWOMAN ]7 DATE: ]9 APROVED AS TO FORM AND LEGAL 20 SUFFICIENCY: 23 24 H~±d~ 25 Ass±st~nt County Attorney JUN 0 8 1999 3 Pg. EXECUTIVE SUMMARY ~PPROVE AN AGREEMENT FOR SALE AND PURCHASE TO PROVIDE FOR FUTURE EXPANSION OF THE COMMUNITY DEVELOPMENT SERVICES BUILDING OBJECTIVE: Staff is requesting approval and execution of the attached Agreement for Sale and Purchase (Agreement) with Collier Development Corporation, for 1.65 +/- acres, to provide for future expansion of the Collier County Community Development Services Building. CONSIDERATION: The Board of County Commissioners on April 13, 1999 approved a recommendation to accept staff's analysis of short term general office space needs. As part of staff's analysis, it was recommended that the 1.65 acre parcel located adjacent to the Community Development Services Building be purchased to support-future growth for this Division. A portion of this property is currently leased to the County for $12,000 a year and is being utilized 'for overflow parking. The owner originally offered to sell the site to the County for Four Hundred Thirty-Two Thousand Dollars ($432,000). The owner has since agreed to a purchase price of Three Hundred Seventy-Eight Thousand and No/100 Dollars ($378,000). Pursuant to Florida Statute 125.355, the County must obtain one (1) appraisal on the site prior to its .~_.purchase. The Agreement provides for an Appraisal Period of sixty (60) days from the execution of the greement to obtain the one appraisal. If for any reason whatsoever, the County is not satisfied with .,]e results of the appraisal, the County may terminate the Agreement given proper notice. Pursuant to the Agreement, the County has sixty days (60) days from the execution of the Agreement to obtain a report from. the County's Natural Resources Department and the County's Pollution Control Departntent advising of any environmental concerns in order to determine whether the site can be utilized for its intended purpose. If for any reason whatsoever, the County is not satisfied with the results of any environmental report, the County may terminate the Agreement given proper notice. If the County h~s not terminated the Agreement pursuant to any other provision in the Agreement and decides, prior to closing, to terminate the Agreement, it may do so; however, the County shall incur a one timecost of~ Three Thousand SeVen Hundred Eighty and No/100 Dollars ($3,780). FISCAL' IMPACT: The following are the costs associated with the purchase of the subject site: 1. Purchase Price: An amount not to exceed $378,000. 2. Environmental Task I Audit: $2,000. - $2,500. 3. Title Commitment/Policy and miscellaneous costs (recording, etc.): $2,850. 4. Appraisal: $3,500. 5. Owners Association Fee: $97.42/per month The above funds shall be withdrawn from Community Development Fund Reserves. AC~=.NDA JUN 0 8 1999 Pg.,,, / '~ROW'I'H MANAGEMENT IMPACT: None RECOMMENDATION: Staff is recommending the Board of County Commissioners: 1. Approve the attached Agreement for Sale and Purchase; 2. Authorize its Chairman to execute the Agreement; 3. Direct staff to obtain one (1) appraisal required by Florida Statute 125.355; 4. Direct staff to obtain any necessary environmental reports and any other reports to ensure the property may be utilized for its intended purpose; 5. Direct staff to proceed to acquire the subject site and follow all appropriate closing procedures including obtaining the acceptance of the proper conveyance document and approval to record any and all necessary documents (once approved by the County Attorney's Office) to obtain clear title to the property and all other criteria proves satisfactory; and lastly, 6. Approve any and all necessary Budget Amendments to fund said purchase and related expenses. PrEPAR ~~ I~~ DATE: TONI A. MOTT, SENIOR SPEClALIS~, REAL PROPERTY MANAGEME--~-'T: cONST/~CE A. J~'~'-IN-S-~N, ADMINISTRATIVE ASSISTANT APPROVED BY: DATE: V ,'AICP, OR COMMUNITY DEVELOPMENT AND ENVIROMENTAL SERVICES AGENDA ITEM JUN 0 8 1999 pg. ~'~ AGREEMENTFOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between COLLIER DEVELOPMENT CORPORATION, a Florida corporation, (hereinafter referred to as "Seller"), and Collier County, a political subdivision of the State of Fiodda, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described as follows, to wit; East Naples Industrial Park Lot 9 and South 24.2 feet of East 160 feet of Lot 19 according to the plat thereof, as recorded in Plat Book 10, at Page 114, of the Public Records of Collier County, Florida. .- Subject to easements, restrictions, and reservations of record. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. ~ 1.01 In consideration of the purchase price Canal upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described above. II. pAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Pdce") for the Property shall be THREE HUNDRED SEVENTY-EIGHT THOUSAND ($378,000.00) DOLLARS, (U.S Currency) payable at time of closing. 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CL(~SING") of the transaction shall be held on or before sixty (60) days following execution of this Agreement by the Purchaser but not later than August 1, 1999, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorn.ey's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 31011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law At the Closing, the Seller shall cause to be delivered to the Purchaser the iter' specified herein and the following documents and instru acknowledged, in recordable form: AG~A i'fF.J~ JUN 0 8 1999 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (al The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Mechanics Lien and Possession Affidavit. 3.0113 Combined Purchaser-Seller closing statement. 3.0.114 A "non-foreign person affidavit" as required by Section 1445 of the Internal Revenue Code. 3.0115 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.0116 Such instruments as may be required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment, dec:L/''~,'r~-~/ 3.012 At the Closing, the Purchaser, or its assignee, shall cause to beA,to the Seller'the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Pdce. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, sh~ll be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for paymen(of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's titIe to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such Prior year's millage. IV. [~EQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement. by both parties or~ at such other time as specified within this Article, Purchaser and/or Seller, as the'case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Seller shall furnish to Purchaser as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, issued by a national title insurance company, together with hard copies rf ~11 exceptions shown thereon. Purchaser shall have fifteen (15) days, follov lng r~lr:kl~D&~l~M title insurance commitment, to notify Seller in writing of any o[ ectiol~[o~an JUN 0 8 1999 liens evidencing monetary obligations, if any, which obligations shall be paid at closing. Permitted exceptions shall include, but are not limited to, the following: (1) applicable zoning regulations and ordinances of the county having jurisdiction over the use of the Property; and (2) real property taxes and assessments for 1999, which are not yet du," and payable. (3) existing mortgages which shall be satisfied at or prior to Closing. 4.012 If Purchaser shall fail to advise the Seller in wdting of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within two (2) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such wdtten notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage as referenced in the aforementioned legal description, if any. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. APPRAISAL PERIOD 5.01 Purchaser shall have sixty (60) days from the date of this Agreement (Appraisal Period), to obtain one (1) independent appraisals in order to determine the value of the Property pursuant to the requirements of Florida Statutes 125.355. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of the independent appraisal, Purchaser shall deliver~o the Seller prior to the expiration of the Appraisal Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Appraisal Period, it shall be deemed that the Purchaser is satisfied with the results of its investigation and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement copies of the appraisal report shall be furnished to the Seller. VI. INSPECTION PERIOD 6.01 Purchaser shall have c.".c ......... ~"'~'"'~'~ .~::s~.*'~' ~'420), days from the date of this Agreement, ("inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be develo-ped without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requi~'ements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 6.02 If Purchaser is not Satisfied, for any reason whatsoever, ', investigation, Purchaser shall deliver to Seller prior to the expir; ion o~tl'~nspecJi(~r,, Period, written notice of its intention to waive the applicable terminate this Agreement. If Purchaser fails to notify the Sellerwriting of its specific JUN 0 8 1999 pg. objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by "--' Purchaser with respect to the Property, 6.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. 7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the dght to inspect the Property at any time prior to the Closing. 8.01 Purchaser shall be entitled to full possession of the Property at Closing. IX. PRORATIONS 9.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 1998 taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES 10.01 If Seller shall havre failed to perform an~ of the covenants and/or agreements contained herein which are to be performed by Selle'r, within ten (10) days of written .. notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, - including the right to seek specific performance of this Agreement. 10.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction COntemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right · , to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon one percent (1%) of the purchase pdce shall be paid to Seller as Jiquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as' set forth in.paragraph 13.01 hereof. The parties acknowledge and agree that Seller'~ actual damages in the event of Purchaser's default are uncertain in amount and difficLJlt to' ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a.penalty in nature. 10.03 Should any litigation or other action be commenced between the parties ° concerning the Property or this Agreement, the party prevailing in such litigation or other action shall be entitled, in addition to such relief as may be granted, to a "'"" reasonable sum for its attorney's fees, paralegal charges and &~mayl'~b~e?~..e~I appellate proceedings in such litigation or other action; which sun - by the court or in a separate action brought for that purpose. No.~ JUN 0 8 19.g9 Pg. ~ 10.04 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. Xl. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 11.01 Seller and Purchaser represent and warrant the following: 11.011 Seller and Purchaser have full dght and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 11,012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary, 11.013 The warranties set forth in this paragraph shall be true On the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 11.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or .in arb!tration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability ta sell the Property to Purchaser according to the terms of this Agreement, 11.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof, 11.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. .11.017 ~,c'Jc.; ;sp;c$cnt~. thct there a~'e no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; ,¢.,.- Seller represents that they have (it has) no knowledge that any pollutants are or ~,_,,,~_,~ have been discharged from the Property, directly or indirectly into any body of ~ .,~,,. ~....~__~er ,~ ........ the Property has not been used for the production; ~-'~' handling, storage, transportation, manufacture or disposal of'hazardous ~r toxic substances or wastes, as such terms are defined in appliCable laws and regulations, or any other activity that would' have toxic results, and. no' such- hazardous or toxic ,~ubstances are currently used in connection with the bperation of the Property, and there is no proceeding or inquiry by any. authority with respect,.~.thereto. Sc'Jcr rcp::ccmts *~'~' *~'~" ~' .... ~* ~.~-~ -~ ' ...... '^.~;~ t,,~,,t there is~%ground water contamination on the Property or potential of ground Water contamination from neighboring properties. $.c:',~.; ;cT.,'ccc,~tc no storage tanks f9r gasolihe or any other Substances are or were~located on the Property at any time during or prior to . ~. ............. ,- . " has Seller's ownership thereof~% i ........ F ........ none of the .Pr?perry been used as a sanitary landfill. / -Fo %~.~-- Y--,-,~'-'-'~-&%~ ~ · 11.018 Seller has no knowledge that fl,~ ,.,,~,-,~,~.,-,~,.,~ ~l.,,~ ~.,-,p~y crc ~" ";~;~".,.,--,~,, ~, ~: 2~y .~ ....... JUN 0 =tct:;tc, l_t_'.v cr .......... --;'"-"~-, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied, existing z~.' roPerty, an~ there are ~ment, leasing, employment, 11.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 11.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated' above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agr. eements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physicat condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 11.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Stat_ement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the ho er-harmlessfrom any and all costs (including attorney'~d against, impo~ or incurred by Purchaser, directly or.indir~rsua_n_t, !.o.._o_r !n connection with the~K~ation of any federal, state, Ioc_...G~J..et"~mmon Jaw..r, ela, ting to pollution or protection of ~ronme~~~]t.h,._, _but li~n, Compensation: a~d Li~_ .RC.LA'.' 'or "Suped. und"), w~ Superfund Amendment and R~ts,or ~ucc~e_s_so_r in functi ser, hereunder, shall - 11.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. xH. 12.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: JUN 0 3 1999 If to Purchaser: Real Property Management Department Administration Building 3301 Tamiami Trail East Naples, Florida 34112 With a copy to: Heidi F. Ashton, Assistant County Attorney Office of the County Attorney Administration Building 3301 Tamiami Trail East Naples, Florida 34112 If to Seller: Annis, Mitchell, Cockey, Edwards & Roehn, P.A. Pelican Bay Financial Center 8889 Pelican Bay Boulevard Naples, Flodda 34108 Attention: C. Perry Peeples 12.02 The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect foFall purposes. Xlll. REAL ESTATE BROKERS 13.01 Any and a(I brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. 14.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 14.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, Personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 14.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser an~,Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller ~s soon as it . · . " has been executed by both parties. . 14.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 14.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 14.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and an ' waiver of any provision of this Agreement shall be applicable only to the specific insta ,~= and shall not be deemed to be a continuing or future waiver ~ s to sui:'~-b'Fo.',~.i~iFAn,or a waiver as to any other provision. JUN 0 8 14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 14.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 14.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation., trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Flodda Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 14.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XV.. ENTIRE AGREEMENT 15.01 This Agreement and the exhibits attached hereto Contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: , Deputy Clerk PAMELA S. MAC'KIE, Chairwoman AGENDA ITEM JUN O 8 1999 i:)jo //'~ DATED: /~- 2 ~ - ~' ~ WITNESSES: COLLIER DEVELOPMENT CORPORATION, a Florida corporation FIRST WITNESS (Signature) {Print Na~e) ,,~ SECOND ~NESS (Signature) - (Print Name) Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney JUN 0 8.1999 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT FOR THE IMPLEMENTATION OF THE DEVELOPMENT REVIEW AND GROWTH MANAGEMENT MODULES OF THE CD- PLUS APPLICATION AND PURCHASE OF FOUR UPGRADED COMPUTER TOWERS OBJECTIVE: To have the Board of County Commissioners approve a Budget Amendment for the cost of implementing the Development Review and Growth Management modules of the CD- Plus application and purchasing four upgraded PC towers, three for the Department of Revenue cashiering workstations and one for the keyless security system at the Development Services Center. CONSIDERATIONS: Perconti Data Systems, Inc. has designed, developed, tested, and installed software components that support the business and functional requirements of Community Development's Permitting, Contractor Licensing, Addressing, Cash Receipting, and Code Enforcement programs. The Board, on June 23, 1998, approved the execUtion of a contract with Perconti Data Systems, Inc. to deliver and install the final components, Development Review and Growth Management, to the Integrated Information Management System prior to the end of FY99. Perconti Data Systems has provided a preliminary system development report, estimated time frame, and cost summary for both modules in the amount of $142,500.00. Previous .performance testing has determined that upgrading the PC tower units provides a significant increase in performance for the Customer Service Agents. During the first quarter of fiscal year 1999, the Board approved the purchase of 25 upgraded towers for the Building Review and Permitting Department counter staff. Staff recommends the purchase of an additional four upgraded tower workstations, three to be used by staff for the cash receipting function at CDS and one for the keyless security system which was recently upgraded. The cost for an upgraded PC tower is $1 ~ 183.00 per each stati6n for a total' of $4,732.00. ""' FISCAL IMPACT: Approval of this budget amendment will result in a decrease of $147,232 from Community Development Fund Reserves. GROWTH MANAGEMENT IMPACT: N/A RECOMMENDATION: That the Board of County Commissioners approve a budget amendment transferring funds from Community Development Fund Reserves. AGENDA ITEM JUN SUBMITTED BY: ! Date: ff'~'~'"7. .~---~'D~a~elle E. Chard, Principal I~ormation Tec~olo~ Professional ~~D BY: ~~~ ~ate:~~ W~~Directo~~Tec~olo~ Depa~me~ ~PRO~DBY: ~~ ~ ~~ Date: ~~~ V~ncent A. Cautero, MCP, Admi~strator Comunity Development and Environmental Se~ices JUN O 8 1999 5--2,~-1999 12':39PM FROM COLLIER IhF0 TECH 9A1 77J. 8811 P. 1 Quote' Oen~ted for £-4200 350 l E-4200 350 Qu6teNumbe~: $05241o-8'FLOI~iDA .......... Date/Time: 05/2&t1999 13:37 EST Sales Representative: 800-779-2000 Comments: ---. · ..................... l'r6e~sor: Pehtium® II proc~sS0r 3$0MHz with ~ j 2k (~a~he-" Memory: 96MB 100MHz SDRAM subtracted: US$45 Monitor: Not Select~ subtracted: U85254 Graphic~ Accelerator: ATI Rage 128OL 16MB AGP Graphics Accelerator Hard Drive: g.4OB 5400P. PM SMART II Ultra ATA hard drive Floppy Drive: 3.Sin~h 1.44MB diskette drive CD-ROM: 13X min./32X max. CD-ROM drive Multimedia Package: Sound Blaster AudioPCl 64D added: US$28 Case: E-S~ries 8.bay Mid Tower Network Card: 3COM PCI 10/100 twisted pair Ethernet w/WOL Keyboard: 104+ Keyboard Mouse: MS latclliMouse mou.~ & Gateway mouse pad LANDesk Software: Intel LANDesk Client Manager Software v3.3 Operating System: Microsoft Windows 95 subtracted: U$$99 Service Program: Y~ars 2 & 3 of On-Site Service McAfff Anti-V'u'us Software: McAfee Anti Virus Software sase Prie~: US $i35~ ........... ..z-, ..... Co..g=',d ,,83 xou o FOB Destination ,~¥'~ .p,~ To~a! Pri,~-l~. .. $1183.t ~) .......... no=£ce or obli~a=ion. $~ie~ tax, ?.h~l~ping ~ hand.l~n9 ~11 b~; ,;oi!ect. cd Please PM~t sn~ a~ch ~h~ quote to Four pu~has® o~er. . Terms and Condition.~ of sale ,and lianited warranty Ordering m~om~on ~s encrypted u~mg the Secure Socket Layer (SSL) protocol before being transfen~ to our Web Server for processing. Prices and specifications are subject to change without notice or obligation. Thcs~ prices do not include shipping or sales tax if applicable. After your system has been built (lead times may vary), it may be shipped via 2nd day shipping in the continental US. AGENDA I~, http'.//www.gateway.comJcgi-bin/gen_quotc.pl 0 JUN 0 8 '1999 Pg Perconti Data Systems, Inc. Collier County Preliminary Systems Definition Report Table of Contents Table of Contents 1 Purpose 2 PSD Process 3 0rigin. al Specifications 4 Specific Modifications and Customization 8 Proposed Implementation Schedule 11 Cost summary and Payment Schedule 12 PSD Notes 13 _ Original Document Inventory 17 AC~.NOA rr~.,M Page 1 of-18 JUN 0 8 1999 p¢o Perconti Data Systems, Inc. Collier County Preliminary Systems Definition Report Purpose The purpose of this phase of the project is to perform a Preliminary System Definition (PSD) as the first step in implementing the CD-Plus for Windows Development Review and Growth Management modules. The PSD phase is a necessary prerequisite to adding any additional module to the system. A PSD phase is used to identify and detail a user's requirements with respect to a specific system. All items such as screens, forms, letters, and reports are reviewed to ensure that the new system will meet the user's needs. In this case, the PSD is accomplished by reviewing the existing system, as well as the proposed Development Review and Growth Management modules, in detail in order to identify all aspects of the system that must be customized. The main deliverable of this phase is the Final Preliminary System Definition Report. It - identifies the customization required in the new Development Review and Growth Management modules. It will detail the modifications/enhancements, costs, implementation schedule, and conversion items for the next phase. The Te~oort from this phase will be the primary input to developing a Scope of Services for the next phase: Development Review and Growth Management implementation. In many ~ases the PSD Report has been used as the Implementation Scope of Services. AGENI:)A 'ITE. M Page 2 of 18 JUN 0 8 1599 Pg. ~ Perconti Data Systems, Inc. Collier County Preliminary Systems Definition Report PSD Process In order to perform the PSD phase, the County selected several staff members to attend the PSD review sessions. This process normally takes place in two sessions. Since Development Review reaches to many departments and groups we decided that more meetings of a shorter duration would better satisfy our needs. Each session contained between 8 to 12 users and an IT staff member. Additionally, other user sections were occasionally represented, such as, GIS. As screens were reviewed, notes Were taken to identify change requirements. Many reports were reviewed with respect to content; several examples of some forms were reviewed for specific format. The most important aspect of the first several meetings was the review of actual processes and procedures and the identification of how these would have to change. These first meetings resulted in a document prepared by PDS for the user's review. It contained the session notes; a checklist of modifications/issues/ and concerns. The later sessions had sE~veral goals: · to review the earlier session notes for accuracy; · to review the new system design to ensure that all of the County's processes could be accommodated within the design, · to review the required information to ensure that we are capturing all the necessary data. Several key issues that resulted from this session were: · a need to review all forms and letters by staff prior to system development, reformatting them with the new letter merge capabilities in mind; · .a desire to consolidate as many forms and/or letters into multipurpose forms using merged data to differentiate intent. Finally, all of the information gathered was reviewed by PDS and summarized in this PSD Report. In addition to summarizing all of the information gathered in the design sessions, the required modifications were analyzed for input into scheduling and cost formulas. The result of this analysis is the Cost Summary and the Implementation Schedule enclosed in this report. For this reason, any modifications or services that are not provided for in this PSD report would affect both the Cost Summary and the ' Implementation Schedule. As the last step in the PSD phase, the PSD Report is reviewed for accuracy by County staff. Any revisions become part of the.Final PSD Report. AGENDA ITEM 7 Page 3 of 18 JUN 0 8 19S9 Perconti Data Systems, Inc. Collier County Preliminary Systems Definition Report Original Specifications Base System The Development Review and Growth Management modules will require a number of changes to the Base System and the Permitting and Inspections module. They will integrate seamlessly with the current modules: Base; Permitting; and Code Enforcement. The new modules will take full advantage of the new enhanced Base System installed in May of 1999, especially the new Letter Creation and Generation submodule. Development Review The Development Review module in CD-Plus controls the entire development a'pplicafion process. This module is tightly integrated with the Address/Parcel Management module to provide all pertinent owner and parcel information at the time of application. At that point, too, further information is added. It may include: separate owner and applicant information, attorney information, architect information, engineer information, developer information, project gross and net acres, and existing - additional - total building, square footage. It may also include floor area rations, project value, number of lots, number of units, proposed use and area (multiple entries), corresponding Capital Improvement Project (CIP) number, application fees, desired changes and justification. The use being applied for is tracked specifically by land use code, for interfacing with the Growth Management module, in its respective units, as defined, by the user. For example, housing is tracked by units, commercial buildings by square footage, and marinas by boat berths. Project Tracking At its top level the Development Review module tracks Projects. These may be stand alone, master, or subordinate projects. A stand-alone project is one, which, as its name indicates, has no subordinate projects, and no master project. A single family h*ome being built apart from a subdivision would tYpically be a stand-alone project. A project. must be connected to at least one parcel, although it could be connected to multiple parcels if required. A master project is one, which either has or is expected to have subordinate projects. Note that subordinate projects may act as master projects to other subordinate projects. VVhile this may sound complicated, it is easy to see in a simple example. A multiphase subdivision would have one top-level project for the overall subdivision. It would then have three sub-projects (assuming three phases) connected to the master. Each phase sub-project would then have multiple projects (level 3 sub-projects) attached for each house to be built. This example would be a three level project tree. , Page 4 of. 18 .]UN 0 8 Perconti Data Systems, Inc. Collier County Preliminary Systems Definition Report Comments may be added to any project at any level. Permit, Inspection, and CO holds ---. can be applied at any project level and apply only to permits, inspections or COs on that specific project. Each project's land use allocations must draw from its master project's allocation and can not exceed the remaining available allocation. Application/Requests Each project may have several Application/Requests attached to it. Application/Requests are used to define specific development application processes. These processes include: land use plan changes, land development permit, rezoning, preliminary plat, final plat, minor site plan, major site plan, site plan modification, temporary use, variance, and wetland resource permit. Since Application/Requests are defined in a table, there is no limit to the number of application types that you 'may define. Each Application/Request may have fees, checklist items, letters, scheduled meeting, and attention items (a tickler file feature) attached. Additionally, each Application/Request may have unlimited 'departmental' reviews attached. These reviews, each with independent reviewing departments, due dates, and review checklists, can be viewed separately in detail on the screen or browsed through in list form. - The Application/Request process is controlled by the A/R control table, which describes the steps, needed to process-each Application/Request. Each type of .---- Application/Request has its own control record. The control record defines the stages of review: application completeness, application sufficiency, technical review, first reviewing board, _ second reviewing board, final review and approval. At_ each stage the user may identify the standard letters to be sent, checklists or departmental reviews. Some letter categories are: application received, completeness, incomplete, sufficient, insufficient, resubmittal (3 types), approval, conditional approval, de,,nial, final approval, and expiration. Zoning Certificates This module allows for the recording of Zoning Certificates. TheSe certifiCates will be enhanced to track Model Homes, Construction Trailers, Commercial Zoning Certification for Occupational License, Home Occupation Certificates, Special Event Certificates, and Temporary Use Certificates. We will track the address (address reference number), certificate type, applicant information, owner info, business name, description, planner '"- name, SIC, units, square footage, parking, application date, approval da' e, e~lar. J~rtF-M _ date, and project number. Zoning certificates will track fees and inspecti )ns if~r_each./~'~.4'.).~ zohing certificate. The comments, letters, and attention item functions are all available Page 5 of 18 .JUN 0 8 1999 Perconti Data Systems, Inc. Collier County Preliminary Systems Definition Report for zoning certificates. Facility Tracking This component of the system allows for the monitoring and reporting of various types of facilities within the jurisdiction. Typically, one might track schools, day care centers, assisted care living facilities, golf courses, historical buildings, etc. Effectively, any type of facility may be tracked and reported. Basic information about each facility is tracked, such as: address (address reference number), name, alias, description, capacity, units, building square footage, parking, acres, construction start date & end date, occupancy date, and project number, if applicable. Of course, the comments, letters, and attention item functions are available for facilities. Reporting There are more than a dozen standard reports for Development Review, not including the existing standard cash reports or the standard maintenance reports. They include: Application Request reports Address/Tract Block reports Project reports Pending Reviews Pending Attention Items Committee Agenda Overdue Committee Zoning Certificates Issued Zoning Certificate Inspections Batch Letter Processing Facility Tracking Report Growth Management The Growth Management module monitors, tracks and controls the infrastructure facilities within a community. Growth Management provides real-time information concerning the availability of adequate public infrastructure capacity, sometimes referred 'to as concurrency determination. Tracking is accomplished in the following ways: for land use by TAZ (traffic analYsis zones), for approved projects by traffic link, and for land use by census tract-block. Flexible Structure Growth Management has a flexible facility structure. This allows infrastructure facilities . such as parks, water utilities, wastewater utilities, solid waste, and drainage to be defined. Land use tables are employed to determine capacity requirements for a specific project. The tables are oriented toward population, dwelling units, square footage, number of students, or possibly even the number of parking spaces. These various units, which are based on the specific land use type, are used to determine the capacities-of the various facilities. For example, parks units are translated to population units, water and sewer to ERU's (Equivalent Residential Units), and solid waste to WGU's (Waste Generation Units). ~C.,F.N~AJTr~ ' .o. Page 6 of 18 JUN 0 Perconti Data Systems, Inc. Collier County Prelimina~/Systems Definition Report ._. Links CD-Plus maintains detailed information on every link in the traffic link network. This information includes: on street, from street, to street, number of lanes, road group type, link length, number of signals, directional factor, past and future growth rates, right-of- way type and cross-section, traffic model nodes, a complete count history, vested volumes, roadway capacity, available capacity, and vehicle miles of travel. Additionally, tables define such information as: daily and peak hour capacity standards, right-of-way cross-section standards, land values by right-of-way type, construction cost estimate standards, and seasonal adjustment factors. Several reports are available relating to the basic link inventory and existing link conditions Parks and Recreation The Parks and Recreation submodule maintains detailed information by type of park, datego~ized by acreage and recreational items. Population demand for parks is maintained for the current year and all planning years, and is divided into park planning districts. It is further subdivided into age cohorts for detailed analysis. CD-Plus has tables to define standards and costs for each recreational item, e.g., baseball fields, bike paths, boat ramps, swimming pools, and tennis courts. Standards may be established by age cohort to more accurately define needs. For "'-" example, the standard for baseball fields might be higher for the 15-21 age group than for the over-55 age group. These standards are based on the community's Comprehensive Plan. After evaluating the population, the standards, and the inventories, CD-Plus displays the demand, deficiencies, and the associated costs to correct those deficiencies. Reports can be generated to summarize existing conditions or to provide comparative year analysis. Reporting There are more than 10 standard reports for Growth Management, not including t'he standard table reports. They include: TAZ Report Links Report ' ZData Creation CO Posting Approved Projects Non-transportation Detail Transportation Detail Infrastructure Detail Parks Existing Conditions Parks Analysis AGENDA ITEM Page 7 of. 18 JUN 0 8 1.,;~ P~. Perconti Data Systems, Inc. Collier County Preliminary Systems Definition Report Specific Modifications and Customization This section will summarize the PSD Notes section in narrative format adding explanation where necessary. In the development phase, this section will be used in conjunction with the Notes section to identify the required system modifications and eventually to perform systems acceptance, ensuring all needed changes have been made. The printing capability of the system will be further enhanced. It currently allows the user to print a list of records (single line per record) that appear on the browse tab when multiple records have been selected in a search. Also, in the Associated Tables tab,. we will allow the user to print a list of records in the grid (single line per record, just the fields showing in the grid). This enhancement will affect the new development review and growth management screens. We will also need to use the label-printing capabilities, which currently exist, both generally and specifically for certified letter labels. We will apply the label routines to the new Roles screen as well as for Application/Request Owner and Applicant areas. The Address component will require minor modifications. We will show the project history on the Associated Tables tab. We will add additional checking and connectivity to the Subdivision screen. A significant enhancement to address will be the ability to view the approved and actual land use allocations. We will also force tighter integration to the address record, only allowing the TAZ to be modified on the Address. This will result in some additional work being forced into the addressing functional area. Since some ~dditional work from the both Permitting and DR & GM areas will filter through addressing, we are suggesting a review of this area from a manpower perspective to avoid any bottlenecks. Additionally, several tables will need to be modified: TAZ, PUD, and Subdivision, - specifically. They will be modified to record additional information that is currently being captured in MS Access systems. Several new tables (an SDP table, for example) may be required to contain other data currently being captured. Some minor' adjustments to permitting will be required. We will add checking for HOLDS at the Subdivision and Project levels. Land use allocation at the Permit level must occur and be validated. This will be done in conjunction with connecting all commercial and residential permits to a valid project. Connection to the correct projectwill be a '--- critical aspect of successful implementation of the new system. Some assistance may be required by permitting customer service personnel to comPlete:this function-. Planning .staff will be made available for this purpose. ' In addition to all of the standard Project functions available in the DR & GM module, we will add some special enhancements. Several enhancements will be aimed at streamlining and enhancing the efficiency of addressing functions. Connecting an address to a project will automatically connect it to all master projects. Connecting a project to a subdivision will connect all addresses in that subdivision to that pre ,~,,,-' '^'- Page 8 of 18 JUN 0 8 1999 Pg. // Perconti Data Systems, Inc. Collier County Preliminary Systems Definition Report will also add a "permits allowed" indicator to assist in preventing permits from being connected to projects at the wrong level. Collier will require the addition of an additional committee stage in the Application Request (AR) control function. This will be accommodated by dynamically allowing the addition of multiple technical review and committee stages to the control function. This new functionality will enhance the flexibility and capabilities of the Development Review module. We will also allow multiple items for fee calculations. We will need to be able to handle both double and quadruple fee penalties. An enhancement to the Departmental Reviews area will be the ability for each review to allow multiple checklists. _ The Zoning Certificates module is a significant enhancement to the standard module. Attached directly to an address, the zoning certs can be used to track various types of certificates. Initially it will be used for: Home Operated Business Model Home Construction Trailer Special Events Commerciat These will be controlled in a maintenance table. We will also be able to connect them to a project or application request. We will be able to pay fees and record inspections ~-----against them. The Growth Management module or Concurrency, as it is sometimes referred, will track resources by facilities. We will NOT do "checkbook" validation with availability being calculated for each project. We will, however, record capacity allocations by district and by link for reporting purposes. All controls for approval based upon availability will be turned off. The Parks and Rec submodule will be included with age cohorts (no additional requirements were defined). The transportation submodule will include all TAZ and Link information, as well as, the ability to generate ZDATA files (no additional requirements were defined). Reporting Notes: Allow reporting on all Project reports by multiple Project types Allow reporting on all AR reports by multiple AR types Full Project report including subreports . Redesign of current Subdivision and PUD reports Planning Facility reports - by facility type (multiples) Existing vs. Approved reports for all concurrency facilities, links, TAZ Approved Land Use reports by project Expand Address Reports: Select by Zoning, by Actual Land Use, by Approved Land Use, by SLUC codes ~ Zoning Certificates Reports ' By type, appl date, issued date, expired date, by status, by SI~: Inspections due, completed Page 9 of 18 JUN 0 Perconti Data Systems, Inc. Collier County Preliminary Systems Definition Report We will convert any history provided in an ASCII format. The County must provide PDS with sample data files and full field documentation no later than two (2) weeks from the beginning of development and full files no later than six (6) weeks from the beginning of development. The actual conversion schedule will be partially dependent upon how long it takes the County to extract the data from the current production systems. One area of concern in this area is that the 'old' production system is now being converted to an MS Access environment. These new systems cannot be changing throughout the DR & GM implementation without causing an impact on the schedule. The main issue that became apparent in reviewing letters is that this is going to be an opportune time to review all letters for content and format. The department identified numerous letters as needing revision. Additionally, several letters will be reformatted to take advantage of the system's ability to do an attachment type of processing for land use identification. During the review, we identified a number of letters that could be consolidated into a single form letter with application items included in a paragraph. Some of the letters may require approval by the County Attorney, the BOCC, or Department Management and, therefore, the letter revision process should *be initiated immediately upon start of the project. We would recommend allowing PDS to review the initial drafts of these letters for system compatibility in order to save possible rework at a later date. The current plan is for PDS to create approximately six of these letters and for the department to create the rest as part of the training exercises. This will enhance their understanding of letters and their ability to modify letters in the future. There are probably 200 letters (see document inventory) that you will eventually want to migrate to the system for automatic generation and archiving. The emphasis here will be on the quantity of work that will be required by the department staff in reviewing, entering, and verifying these letters and checklists. Additionally, application forms will need to be revised to capture any additional information that the new system will require. Reports which were available previously through manual or spreadsheet formats will need to be checked against the new system reports to verify that all information needed is being reported, although it is likely that the new system may provide the information in a different format. In summary, while there are several significant add-ons to the system, the major components will require mostly minor adjustments and enhancements. The number of .changes is many but each is not a radical change. The other significant effort is the~' integration of the new module into the existing system. Given these parameters, we feel very confident that we can provide the system that the users are looking for within the timetable and cost outlined in this report. It is worth mentioning that this module is, by far, the most labor-intensive module for the end user to implement. Generally, after the system has gone "live" several weeks of data entry and cleanup are required prior to tuning on the "permitting controls" which tightly integrate Development Review, Permitting, and Growth Management. For that reason the implementation schedule shows an additional milestone after DR&GM Live, to accommodate this extra work. AGENOA ~T~- Page 10 of 18 JUN 0 8 1999 Perconti Data Systems, Inc. Collier County Preliminary Systems Definition Report Proposed Implementation Schedule Week Starting Purchase Order received by June 14, 1999 Development begins July 5, 1999 Receive sample conversion data July 19, 1999 Preliminary System Review August 2, 1999 Receive full conversion data August 2, 1999 Final 'System Review October 4, t 999 Letter Training October 11, 1999 Maintenance Training October 18, 1999 Main Dev Review & GM Training November 8, 1999 DR & (~M Live November 15, .1999 Activate Permitting Controls December 13, 1999 ½ AC..~A ITEM Page 11 of 18 JUN 08 1~99 Perconti Data Systems, Inc. Collier County Preliminary Systems Definition Report Cost summary and Payment Schedule Cost Summary License: Development Review, unlimited users $ 30,000 Growth Management, unlimited users $ 30,000 Source code option ($5,000 per module) $ 10,000 Customization, Development Review $ 30,000 Growth Management $ 15,000' Training, installation & conversion DR $ 15,000 GM $ 7,500* Project administration $ 5,000* Total $142,500 * Items reduced due to simultaneous implementation of 2 modules Payment Schedule @ Project start $ 60,000 approximately June 15, 1999' @ Final System Review $ 40,000 approximately October 4, 1999' @ Live date + 14 days $ 42,500 approximately November 29, 1999' - Total $142,500 *dates based upon final implementation schedule ~.~d~OA ITEM Page 12 of 18 JUN 0 3 19~9 Perconti Data Systems, Inc. Collier County Preliminary Systems Definition Report PSD Meeting Notes On Address: On subdivision nbr - if subdiv nbr changes load TAZ & STR On Copy to new - make sure the TAZ gets copied to new record. Land Use codes added to for the address - to show what has been approved for the address. On Permit: On address nbr - if address nbr changes, pop up address screen. Force review of address. Keep the address load question, load address on return from address screen. 7 t-ock TAZ on permit screen. On Project: Add subdivision nbr- if subdiv nb~' changes ask 'do you wish to connect all addresses in the sudivision to the project?' if yes - connect all When cOnnecting an address to a project - if the project is a sub then connect the address to its master. This function must be recursive to follow the chain to the top. Add label printer buttons on project name, project owner, project applicant, roles Add a permits allowed indicator on the project, default to no - if indicator is no, don't allow any permits to point to this project by project nbr. When the indicator is turned to no, check to see if any permits point to this project - if so, warn. _ Land Use codes added to each project - must draw from master project and show remaining allocation. On Application Requests: ,, Add subdivision nbr - if subdiv nbr Changes ask 'do you wish to connect all addresses in the sundivision to the project?' if yes - connect all Require at least 3 committee stages (like 4 & 5) Add label printer buttons on owner, applicant AR items - with 2x and 4x calcs for fees .--.-- On Departmental Reviews: - Reviews will be attached to an Application Request, by dept ~,c.,r~DA ~T~r-M Page 13 of 18 JUN 0 8 1999 pg. /~' Perconti Data Systems, Inc. Collier County Preliminary Systems Definition Report Concurrency We will NOT do checkbook validation with availability calculated for each project We will record capacity allocations by district by link for reporting purposes Need ability to report allocations by facility and by project Parks & Rec Want need the parks and rec submodule Definitely interested in keeping population cohorts for calculating the parks and rec requirements Traffic Will use the existing traffic module design for recording trips on links for each project On Zoning Certs: Attach directly to the address. Home Operated Business Model Home Construction Trailer Special Events Commercial Record the following information: Cert Type Owner info Applicant info Project Nbr Appl Req Nbr Business name SIC Appl date Issued Date . Expire date Units Parking Square footage OL number -'- Zoning Inspections Track requests and results Reporting Notes: Allow reporting on all Project reports by multiple Project types, AGENDA ITEJ~ Allow reporting on all AR reports by multiple AR types No. /,~'~j Page 14 of 18 JUN 0 8 1999 pg. /2' Perconti Data Systems, Inc. Collier County Preliminary Systems Definition Report Full Project report including subreports Redesign of current Subdivision and PUD reports Planning Facility reports - by facility type (multiples) Existing vs Approved reports for all concurrency facilities, links, TAZ Approved Land Use reports by project Expand Address Reports: Select by Zoning, by Actual Land Use, by Approved Land Use, by SLUC codes Zoning Certificates Reports By type, appl date, issued date, expired date, by status, by SIC Inspections due, completed Collier County Supplied Review Notes: · Application must include Folio Number or Legal Description to be supplied to Addressing · TAZ information will be entered at the subdivision level and attach to the address when Subdivision assigned to address · Address information can be assigned from a trickle up stand point. · Add addresses to sub-projects and they will tie upwards to the master project · More than one subdivision will be able to occur in a given project · Attaching all valid addresses to the master project in the beginning will result in more front end work but better information control throughout the project · Number of units assigned to master project will allow for checkbook control on sub- projects ' ~ · Land use to be assigned to sub-projects to allow checkbook approach on commercial square footages or residential units · Multiple contact types will be allowed to be stored for each project and sub-project · Scanned Map information and GIS information will be viewable from an additional ~-" tab when available AGE]qDA ITEM · Track what was applied for versus what was actually approved No._/'~ ¢'/-) 7 Page 15 of 18 JUN 0 8' 1~.9 Perconti Data Systems, Inc. Collier County Preliminary Systems Definition Report · Projects that are active prior to go live will need to be entered into the system by Collier County Staff prior to going into production, as well as projects of historic importance. Inactive projects can be added after go live. · Module can be brought on line in pieces (i.e., Residential, Commercial, etc.,) in order to apply rules gradually and not cause massive gridlock on initial go live date · Staff will need to be actively involved with LDC changes in order to determine how they will impact the system · Project is created, appropriate applications are applied and then distributed through checklist procedures to pertinent personnel and approval processes. · At least all information that is currently being tracked by the Planning Department in either their Powerhouse application or in Excel Spreadsheets or Access Databases will be tracked in Perconti system. Any and all information that is currer~tly stored electronically should be turned in to Perconti if it has not been already. · The Information Technology Department will do the research to determine the feasibility of training certain users in the Crystal Reports application in order for users to create their own as hoc reports. AGENDA ITEM Page 16 of 18 JUN 0 ... /? Perconti Date Systems, Inc. Collier County Preliminary Systems Definition Report .__ Original Document Inventory Information provided included application forms, letters, memos, checklists, review documents, resolutions, fee schedules, special permits, reports, and logs. Most of this was provided on diskette though some was provided in a paper format. Diskettes 1. 23 ASCII files exported from powerhouse - are these all being converted to an MS Access database? We will need to make sure that all projects/PUDs/SDPs get connected to a folio/parcel number to be able to connect up in the CD-Plus system. All subdivision numbers must coincide with either the CD-Plus subdiv number or the CD- Plus PA subdiv number. 2. 2 letters for PUD monitoring - 2 files 3. temporary use permits/applications - some cannot be read due to links to networked images. 7 files Planning Services Folder: 4. Engineering Review - forms / letters / memos - total 28 5. InSpections - forms / letters / memos - total 18 6. Current Planning envelope - 9 diskettes -forms / letters / memos / Checklists - approximately 60 files. 7. Bundle of 9 diskettes - forms, applications, logs, reviews, letters - some docs, some xls format, one a MDB (MS Access) file -. approximately. 110 files. 8.- DISK#l-- 44 documents. 9. DISK#2 - 11 documents 10. DISK#3 - 50 documents -- 11. DISK#4 - 33 documents Total - almost 400 documents of every type, format, and purpOse. AGENDA Page 17 of 18 JUN 0 8 1999 pg.__ r-','~(::::) Perconti Data Systems, Inc. Collier County Preliminary Systems Definition Report At least 200 of these are letters that you will eventually want to migrate to the system for automatic generation and archiving. Some letters may be able to be consolidated and shared if appropriately generalized, i.e. a single application received letter specifying the type of application received via the A/R type field. The emphasis here will be on the quantity of work that will be required by the department staff in reviewing, entering, and verifying these letters and checklists. Additionally, application forms will need to be revised to capture any additional information that the new system will require. Reports which were available previously through manual or spreadsheet formats will need to be checked against the new system reports to verify that all information is being reported on, although it is likely that the new system may provide the information in a different format. Page 18 of 18 JUN 0 8 1999 Pg. ~/ EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. $9.690, "HENDERSHOT PIT COMMERCIAL EXCAVATION AND HOMESITE" LOCATED IN SECTION 18, TOWNSHIP 48, SOUTH, RANGE 28 EAST: BOUNDED ON THE NORTH, EAST, SOUTH, AND WEST BY VACANT LAND ZONED ESTATES, AND ALSO ON THE EAST BY EVERGLADES BOULEVARD. OBJECTIVE: To issue an excavation permit to Richard C. Hendershot for the project known as "Hendershot Pit Commercial Excavation and Homesite" in accordance with County Ordinance No. 92-73, Division 3.5. CONSIDERATIONS: The Petitioner proposes to excavate one lake with a surface area of less than 2 acres + to a depth of 20 feet. The resultant 46,000+/- C.Y. of fill will be used off site for house pad construction. Because the site is well under the 500,000 C.Y. criteria, EAC approval was not required. The duration of the excavation will be approximately one year. FISCAL IMPACT: The Community Development Fund, Development Services (11313890032940000000) has or will receive $1,044.50 in revenues broken out as follows: Application Fee $ 850.00 Permit Fee $196.00 $1046.00 TOTAL FEES A security in the amount of $25,000 must be posted prior to permit issuance. Road impact fees will be computed at the time of permit issuance, but are estimated to be about $16,000. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.690 to Richard C. Hendershot for the project known as "Richard C. Hendershot Commercial Excavation and Homesite" with the following stipulations: 1. The excavation shall be limited to a bottom elevation of 20 feet below grade. ~' 2. Off-site removal of material shall be subject to "Standard Conditions" im Dosed by the Transportation Services Division in document dated 1/13/98 (copy attache5). operation shall be limited to 7:00 AM to 5:00 PM, Mon. thru Fri., excluding hol idays2 JUN 0 8 1999 1 _ Pg. /__.-~ " 3. Where groundwater is proposed to be pumped during the excavating operation, a Dewatering .---- Permit shall be obtained from the South Florida Water Management District, and a copy provided to Project Plan Review for approval prior to the commencement of any dewatering activity on the site. 4. No blasting will be permitted unless issued a separate permit by Collier County Project Plan Review. 5. The petitioner must apply for a Vegetation Removal Permit. Environmental Staff shall perform a site visit to determine the need for a Vegetation Removal Permit and to check for any listed species. No work shall be done prior to that site visit. 6. The lake littoral zone shall be created and planted as indicated on the Plan of Record. Location to be field determined. 7. No.Excavation Permit shall be issued until all impact fees have been paid. P~D'BY: ~.1../ ,/ ,:" STAN CHRZANOWSKI, P.E. DATE SENIOR ENGINEER ENGINEERING REVIEW MANAGER ERE, AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. 59.690 EX SUMMARY/SC/H/EAC Exec: Summ. I~lo. Ja (/{'~ g 2 JUN 0 8 1999 JUNO 1999 COLLIER COUNTY TRANSPORTATION SERVICES "STANDARD CONDITIONS" EXCAVATION PERMIT APPLICATIONS INVOLVING OFF-SITE REMOVAL OF MATERIAL The intent of these "Standard Conditions" are to provide excavation permit applicants a summary of conditions which may affect their projects and which should be taken into consideration during all stages of project development: 1. Haul routes between an excavation site and an arterial road shall be private with property - owner(s) approval or be a public collector road built to standards applicable to handle the resulting truck traffic. Where residential areas fi'ont collector roads, appropriate mm lanes, buffer and bikepath shall be required as minimal site improvements and if recommended for approval, shall be so with the condition that the Transportation Services Administration reserves the right to suspend or prohibit off-site removal of excavated material should such removal create a hazardous road condition or substantially deteriorate a road condition; such action by the Transportation Services Administration shall be subject to appeal before the Board of County Commissioners. ._. 2. Haul routes utilizing public roads shall be subject to road maintenance and road repair or an appropriate fair share by the permittee in accordance with Excavation Ordinance No. 91-102 as amended Div. 3.5 and Right-of-Way Ordinance No. 93-64. 3. Off-site removal of excavated material shall be subject to Ordinance No. 92-22 (Road Impact Ordinance). A traffic and road impact analysis shall be made by the County to determine the effects that off-site removal of excavated material will have on the road system within the excavation project's zone of influence. If appropriate, road impact fees in accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation permit. 4. The Transportation Services Administration reserves the fight to establish emergency weight limit~ on public roadways affected by the 'off-site removal of excavated material; the procedure for establishment of weight limits shall be the presentation of an appl!cable resolution before the Board of County Commissioners. Should weight limits be instituted, . the permittee shall be responsible to implement measures to assure that all heavy truck loadings leaving the permit's property conform to the applicable weight restriction. 5. The Excavation Performance Guarantee shall apply to excavation operations and also the maintenance/repair of public roads in accordance with current ordinances and applicable permit stipulations. EXHIBIT "B" Page One of Two JUN 0 8 !999 pg. /7/ 6. Based on soil boring information per Ordinance No. 91-102 as amended, a blasting permit may be appropriate. Should a blasting permit application be submitted and should residential areas exist within one mile of the excavation site, the County reserves the fight to deny a blasting permit based on concerns for off-site impacts from blasting at an excavation site. Should a blasting permit be considered and approved, the minimum conditions of approval in addition to conditions per Ordinance No. 91-102 as amended are as follows: A. Structure inventory/monitoring and applicable property owner release as required by the Development Services Director. B. Security bond applicable to private property damage acceptable to the County. C. Control ~of size/depth/number of charges per blast by the Development Services Director. _ D. The right of the County to suspend and/or revoke blasting permit authority should it be determined that blasting activities are creating unacceptable off-site conditions either in terms of private property damage and/or related physical effects of blasting 6'perations. 7. No excavation permit shall be issued until receipt of a release from the Transportation Services Administration applicable to proper mitigation of off-site impacts, meeting of applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinance No. 91-102 as amended. Reference to letter of 5/24/88 Revised 1/13/98 AC, ENDA llTaN~ Page Two of Two JUNp~. ~_-5~0 8 1999 EXECUTIVE SUMMARY AUTHORIZATION TO DRAFT AMENDMENTS TO ADD A NEW BODY OF WATER KNOWN AS HELL'S GATE AS AN IDLE SPEED ZONE TO THE WATER SAFETY AND VESSEL CONTROL ORDINANCE, AND TO ADVERTISE THE AMENDING ORDINANCE. OBJECTIVE: To obtain authorization from the Board of County Commissioners for the County Attorney to draft an Ordinance to amend Section Three of Ordinance 97-10 the Collier County Water Safety and Vessel Control Ordinance to add a body of water known as Hell's Gate a new Idle Speed/No Wake zone. Authorization is also requested for the Natural Resources Department to publish "Notice" in a newspaper of general circulation in Collier County of a public hearing on the proposed Ordinance. CONSIDERATIONS: 1. Ordinance 97-10 regulates all the Idle Speed/No Wake zones through~ut the County. 2. Several accidents and near misses have occurred in the waterbody known as Hell's Gate. 3. Staffhas been requested by several local boater's and the North Naples Estuary Conse~ation Association to post the area as an Idle Speed/No Wake zone. 4. The Collier County Sheriffs Marine Bureau supports this speed zone. FISCAL IMPACT: The cost of advertising the Ordinance and posting the new speed zone is approximately . $800.00. These funds are available within the Natural Resources Department Administrative account for the Waterways Management Program. GROWTH MANAGEMENT IMPACT: Not applicablel JUN 0 8 RECOMMENDATION: That the Board of' County Commissioners authorize the County Attorney to dra£t an Ordinance to amend Section Three of'Ordinance 97-10 to add as an Idle Speed,No Wake zone a waterway known as HelPs Gate. Also that the Natural Resources Department be authorized to publish "Notice" in a newspaper of general circulation in Collier County o£ a schedule public hearing on the proposed Ordinance. Kevin H. Duga~i, srl Environmental Specialist 'Il" . /' /' REVIEWED BY: ~L~' ./ DATE: '~ . /; L. · .Wj~ham D. Lorenz, Jr., P.j~., Dzrector Natural Resources Department APPROVED By: ~ _//~t _~ DATE:~ Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Division JUN 0 ~ !999 Pg. ~ EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.691, "FOREST PARK (HERON LAKES)" LOCATED IN SECTION 33, TOWNSHIP 49 SOUTH, RANGE 26 EAST: BOUNDED ON THE NORTH BY THE GOLDEN GATE CANAL (GOLDEN GATE CITY), ON THE SOUTH BY 1-75, ON THE EAST BY LAND ZONED AGRICULTURE, AND ON THE WEST BY GOLDEN GATE COMMUNITY PARK AND BERKSHIRE LAKES PUD. OBJECTIVE: To issue an excavation permit to David L Brennan (Trustee and individually) for the project known as "Forest Park (a.k.a. Heron Lakes)" in accordance with County Ordinance No. 92-73, Division 3.5. o CONSIDERATIONS: The Petitioner proposes to excavate two lakes with a total surface area of 16.32 acres _+ to a depth of 16 feet(+/-) below existing ground. Of the resultant 308,000 C.Y. of fill, 100,000 C.Y. will be hauled offsite, and the rest will be used on site for construction of the subdivision. This project was last reviewed and approved by the CCPC as PDI 99£01 (Res. 99-11) on 4 MAR99, and by the BCC (as Ord. 90'-79) on 23OCT90. The lake is a permitted use under the PUD, and was reviewed by the EAB on 18APR90. Offsite hauling was not addressed in the PUD. The engineer has estimated that approximately 100,000 C.Y. of fill will need to be hauled off. The haul route is alo~ng the entrance road shared by the Golden Gate ~Community Park. As with all construction, nearby residences in Golden Gate City and the apartments in Berkshire lakes will experience daytime noise. Approximatel~ 41 adjacent property owners and the Collier County Parks & Rec. Dept. have been notified of this proposed action. A preliminary subdivision Plat has been received by Collier County for this parcel. FISCAL IMPACT: The Commu.nity Development Fund, Development Services (113-i3900) would receive' in revenues broken out as follows: Application Fee $ 850.00 Permit Fee $ 982.00 , $1832.00 TOTAL FEES AGENDA ITEM A sechrity in the amount of $77,000 must be posted prior to permit issuance. Road ~pa~f~eo approximately $8000 to $10000 and will be confi~ed at time ofpe~it issuance.. P~. / GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.691 to David L. Brennan, Trustee and individually for the project known as "Forest Park" with the following stipulations: 1. The excavation shall be limited to a bottom elevation of-5.50 ft. NGVD. All disturbed areas proposed for lake excavation shall be excavated to a minimum elevation of-1.50 NGVD. 2. Off-site removal of material shall be subject to "Standard Conditions" imposed by the Transportation Services Division in document dated 1/13/98 (copy attached). 3. Where groundwater is proposed to be pumped during the excavating operation, a Dewatering Permit shall be obtained from the South Florida Water Management District, and a copy provided to Project Plan Review for approval prior to the commencement of' any dewatering activity on the site. 4. No blasting will be permitted unless issued a separate permit by Collier County Project Plan ' Review. 5. If trees are to be removed as a result of the excavating operation, a Tree Removal Permit, required by Ordinance No. 92-73, Division 3.9 shall be obtained from Collier County Project Plan Review before work shall commence. 6. The lake littoral zone shall be created and planted as indicated on the Plan of Record. 7. A 20 ft. maintenance easement shall be provided around the perimeter of the lake and a 20 ft. access easement to it shall be provided from a public right-of-way. The easement shall be provided to Collier County, however, maintenance will be provided by Forest Park. 8. No Excavation Permit shall be issued until all impact fees have been paid. ~"-- AGENDA ITEM 2 pg._ ~ PREP~D BY: . STAN CHRZANO~SKI, P.E. DATE SENIOR ENGINEER REVIEWED BY: THOM-AS E. KUCK, P.E. DATE ENGINEERING REVIEW MANAGER BOB MULHERE, AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR APPRO~ VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. 59.691 EX SUMMARY/H/EAB Exec Sumra/SC AC.,EN~^ JUN 0 8 1999 3 pg. COLLIER COUNTY TRANSPORTATION SERVICES "STANDARD CONDITIONS" EXCAVATION PERMIT APPLICATIONS INVOLVING OFF-SITE REMOVAL OF MATERIAL The intent of these "Standard Conditions" are to provide excavation permit applicants a summary of conditions which may affect their projects and which should be taken into consideration during all stages of project development: 1. Haul routes between an excavation site and an arterial road shall be private with property owner(s) approval or be a public collector road built to standards applicable to handle the .. resulting truck traffic. Where reSidential areas front collector roads, appropriate mm lanes, buffer and bikepath shall be required as minimal site improvements and if recommended for approval, shall be so with the condition that the Transportation Services Administration reserves the right to suspend or prohibit off-site removal of excavated material should such removal create a hazardous road condition or substantially deteriorate a road condition; such action by the Transportation Services Administration shall be subject to appeal before the Board of County Commissioners. 2. HaUl routes utilizing public roads shall be subject to road maintenance and road repair or an appropriate fair share by the permittee in accordance with Excavati6n Ordinance No. 91-102 -as amended Div. 3.5 and Right-of-Way Ordinance No. 93-64. 3. Off-site removal of excavated material shall be subject to Ordinance No. 92-22 (Road _ Impact Ordinance). A traffic and road impact analysis shall be made by the County to determine the effects that off-site removal of excavated material will have on the road - ~system within the excavation project's zone of influence. If appropriate, road impact fees in accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation permit. 4. The Transportation Services Administration reserves the right to establish emergency Weight limits, on public roadways affected by the off-site removal .of excavated material; the ! ' procedure for establishment of weight limits shall be the presentation of an applicable resolution before the Board of County Commissioners. Should weight limits be institUted, the permittee shall be responsible to implement measures to .assure that all heavy truck loadings leaving the permit's property conform to the apphcable weight-restriction.- 5. The Excavation Performance Guarantee shall apply to excavation operations' and also the maintenhnce/repair of public roads in accordance with current ordinances and applicable permit stipulations. AGENDA ITEM - EXHIBIT "B" Page One of Two JU~ 0 6. Based on soil boring information per Ordinance No. 91-102 as amended, a blasting permit may be appropriate. Should a blasting permit application be submitted and should residential areas exist within one mile of the excavation site, the County reserves the right to deny a blasting permit based on concerns for off-site impacts from blasting at an excavation site. Should a blasting permit be considered and approved, the minimum conditions of approval in addition to conditions per Ordinance No. 91-102 as amended are as follows: A. Structure inventory/monitoring and applicable property owner release as required by the Development Services Director. B. Security bond applicable to private property damage acceptable to the County. C. Control of size/depth/number of charges per blast by the Development Services Director. D. The right of the County to suspend and/or revoke blasting permit authority should it be determined that blasting activities are creating unacceptable off-site conditions either in terms of private property damage and/or related physical effects of blasting operations. 7. No excavation permit shall be issued until receipt of a release from the Transportation Services Administration applicable to proper mitigation of off-site impacts, meeting of applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinance No. 91-102 as amended. Reference to letter of 5/24/88 Revised 1/13/98 ........... AGF. NDA ITE~ Page Two of Two JUN 0 Pg.. ~ _ EXECUTIVE SUMMARY A RESOLUTION TO UPDATE THE NON-ADOPTED PORTION AND THE SUPPORT DOCUMENT OF THE TRANSPORTATION ELEMENT OF THE GROWTH MANAGEMENT PLAN Obiective: To approve a resolution updating the non-adopted portion and support document of the Transportation Element of the Growth Management Plan. Considerations: Only the portion of the Transportation Element from page 37 onwards is "adopted." These recommended changes are all to the non-adopted portion that precedes page 37: Removed - Collier County GeneralizedService Volumes Two-WayAnnualAverage Daily Service Volumes for Urban Two-Way Arterials, Table lA (Page TRAN- 19-20). · Removed - Collier County Route-Specific Service Volumes Two-Way Annual Average Daily Service Volumes for Urbanized Arteries Operating under Special Conditions, Table ! B (Page TRAN,21). · Added - Collier County Route-Specific Service Volumes, Tables 1-1 through- 1-48 (Pages TRAN- 19-20). * · Added - Collier County Generalized Service Volumes, Tables 1-49 through 1-54 (Page TRAN- 21). * · Re-numbered - Daily Service Volumes for State Roads in Collier Countyprepared by FDOT, duly 28, 1992 from Table l-C, (Pages TRAN- 22-23) to Table 1-55, (Pages TRAN- 22-23). · Re-numbered - FDOT's AnnualAverage Daily Volumes for Non-State Roadways, Multiple and Two Lane Uninterrupted Arterials from Table 1-D (Page TRAN- 24-25) to Table 1-56 (Page TRAN- 24-25). · Updated - Collier County Transportation Planning Database Capacity Analysis, Table 4 (Page TRAN- 30-34), with 1998 traffic counts and the above mentioned new service volumes. · Revised - Existing Facility Type - Western Collier County, Map TR-1AW (Page TRAN- 3) - to show Immokalee and Marco Island as "small urban" rather than "urbanized." ** · Revised - Existing Number of Lanes, Western Collier County, Florida, Map TR- 1BW, to show current existing number of lanes · Revised - List of Maps and Figures (Page TRAN- iii) to reflect the above changes. * Collier County Service Volume Update Final Report. April, 1998. David Plummer & Associates, Fort Myers, Florida. ** November 1994 letter from Jeff Perry to John Lawson. AG EN DA, IT, EM,. J U N 0 8 1999 The following changes are recommended for the Support Document: 1. An update of Section A. Traffic Count Data, to include 1998 traffic counts. 2. An update of Section B, Traffic Accident Data, to report 1998 accident data. 3. An update of Section C, Traffic Projections, to use 1998 counts in the trend calculation. 4. An update of Section D, State 5-Year Work Program to replace the 1996/97-2000/01 Adopted Work Program with the 1998/99-2002/02 Adopted Work Program. 5. An update of Section E, County Secondary Road Program, to include the construction program for roads adopted on January 12, 1999. 6. An update of Section F, Level of Service Tables, to remove obsolete tables and include by reference the Collier County Service Volume Update Final Report of April, 1998. 7. An update of Section G, Collier County 1990 Model Validation and Long-Range Plan Update Financially Feasible Plan, to replace the 2020, 2010 and 2000 Financially Feasible networks with those from the Long Range Transportation Plan as it was amended at the February 1998 Metropolitan Planning Organization meeting. Fiscal Impact: None. Growth Management Impact: None. Recommendations: Staff recommends that the Board of County Commissioners authorize the Chairwoman to sign the resolution accompanying this item. Prepared by: Date: J -'~.~t-_(~ ~, Gavin Jones, P.~., Transportation Planning Manager Reviewed by: ~.~ ~ Dat .~'/~/~,fi' /~o~, AICP, Planning Services Director Approved b~~~7 ~' ~ Date~~~' Vincent A. Cautero, AICP, Community Development & Enviromental Se~ices Administrator JUN 0 8 1999 RESOLUTION NO. 99- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS DIRECTING THAT THE NON-ADOPTED PORTION AND THE SUPPORT DOCUMENT OF THE TRANSPORTATION ELEMENT OF THE GROWTH MANAGEMENT PLAN BE UPDATED. Whereas, the Transportation Element of the Growth Management Plan is divided into an adopted portion that begins on page 37 and a non-adopted portion that precedes page 37; and Whereas, the Support Document of the Transportation Element is not adopted; and Whereas, the above mentioned portions of the Element have tables and figures that become obsolete or require corrections; NOW, THEREFORE, BE IT RESOLVED by the Collier County Board of County Commissioners that: 1. The non-adopted portion of the Transportation Element of the Growth Management Plan be updated in the following ways: · Update the Service Volume Tables (formerly Tables lA through ID) to include the information contained in the Collier County Service Volume Update Final Report of April, 1998; · Update the Collier County Transportation Planning Capacity Database (Table 4) to include 1998 traffic counts and the updated service volumes; · Update Map TR- I BW to show the existing number of lanes; and · Correct an error on Map TR-1AW and show lmmokalee and Marco Island as "small urban" areas. 2. The Support Document of the Transportation Element be updated in the following ways: · Update Section A, Traffic Count Data, to include 1998 traffic counts; · Update Section B, Traffic Accident Data, to report 1998 accident data; · Update Section C, Traffic Projections, to include 1998 traffic counts in the trend prediction; · Update Section D, State 5-Year Work Program, to show the Adopted 1998/99-2002/02 Work Program; · Update Section E, County Secondary Road Program, to show the program adopted in January, 1999; · Update Section F, Level of Service Tables, to include by reference the Collier County Service Volume Update Final Report, April, 1998; and · Update Section G, Collier County 1990 Model Validation and Long-Range Plan Update Financially Feasible Plan, to include the 2000, 2010, and 2020 Financially Feasible networks adopted as a Long Range Transportation Plan Amendment in February, 1998 by the Metropolitan Planning Organization. DONE THIS DAY OF ,1999 ATTEST: COLLIER COUNTY BOARD OF COUNTY DWIGHT E. BROCK, CLERK COMMISSIONERS By: By: PAMELA S. MAC'KIE, CHAIRWOMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Marjorie-M. Student, Assistant County Attorney ~ //~/~e)~)/l JUN 0 8 1999 ROUTE-SPECIFIC SEGMENT 1 TABLE 1-- 1 ART-TAB Version 2.0 Arterial Level of Service Volume Tables Based on Chapter 11 of me 1994 Highway Capac~y Manual Update Florida Department of Transportation Aufjust 1995 PEAK HOUR PEAK DIRECTION VOLUME DESCRIPTION (In¢~.__,c~_._ vM'~cle.1 in exclLl.,Itve turn Mne.1) ROAD NAME:Airport Road 1.428571 Intersections Der mile From: Immokalee Road To: Pine Ridge Road Level of serv~e :)EAK >>>>>>>>>> PEAK DIRECTION: NB LANES A B C D E Study Time Period:PM PEAK I N/A 630 920 1 Armlys~s Date: 1997 conditions 2 N/A 1,320 1.920 2,000 2,000! Number of I. arms: 3 N/A 2,030 2,920 2,990 2,990 AADT: 4 N/A 2,700 3,890 3.990 3,990 User Notes: PEAK HOUR VOLUME (BOTH DIRECTIONS) (Inct,__.c~__. vel'K)e3 in exclU.lh'e turn lines) TI~M:FIC CHAR~,CTERISTICS 1.428571 Intersections Der mile K FACTOR: 0.0~7 (0.06 - 0.20) Levet of SMYice D FACTOR: 0.611 (0.50 - 1.00) L~NES A B C O E PHF: 0.170 (0.70- 1.00) 2 N/A 1,210 1,780 1,920 1,920 ADJ. SATURATION FLOW RATE: 1,8~3 (1400 - 2000) 4 N/A 2,550 3,710 3,~50 3,~,~0i % TURNS FROM EXCLUSIVE L,M~E$: 24 (0 - 100) 6 N/A 3,900 5,630 5,770 5,770 8 N/A 5,200 7,500 7.6~0 7,~0 ROADWAY CHARACTER~TIC$ AVER, A~E ANNUAL DAiLY TRAFFIC (AA~'r) URBAN, TRANSITIO~ING, OR (IrtclG~l~ veh~le~ in exclu3~e ~um RUR.N. AREA TYPE: U (U, T, or R) 1.428~71 Intimections Der milt ~ ARTERIAL CLASS: 1 (1.2. M 3) FREE FLOW SPEED (mph): 4~ (45, 40. or 35) Level of . OTAL LENGTH OF ARTERLJ~L (mO: 4~ l.~N£s A B C D E MEDIANS (Y~N): Y 2 N/A 12,500 18.300 19.~:X) 19,~30 LEFT TURN BAYS (Y/N): Y 4 N/A 26,200 3~,200 3~.600 SIGNALIZATION CHARACTERISTICS 8 N/A 53,600 77.400 79,300 79,300 i NO. SIGNAL~.ED INTERSECTIONS: 6 N/A means the level of service is not achievable ARRIVAL TYPE, PEAK DIRECTION: 4 (1,2,3,4,5 or 6) Peak Hour Peak Direction Through/Right vic Ratio for Full Hour TYPE S,G SYSTEM: S (P. s. o, A) (PaPmdmed, $ =$~,n~Ctuat~¢l, A =Actu~Md~ Level of Set'viDe SYSTEM CYCLE LENGTH (sec): 140 (60 - 180) L.~NES A B C D E WEIGHTED THRU MOVEMENT g/C: 0,41 (0.20 - 0.80) 1 N/A 0.63 0.93 1.00 1 2 N/A 0.66 0.96 1.00 1 3 N/A 0.6~ 0.9~ 1.1:30 1 4 N/A 0.~ 0.9~ 1,00 1 AGENDA I1Tr. M JUN 0 8 1999 TRAN- 19 Pg.__ ROUTE-SPECiFIC SEGMENT 2 TABLE- 1-2 ART-TAB Version 2.0 Artedal Levet of Service Volume Tables Based on Chapter 11 of ~e 1994 Highway Capac~ Manual Update Florida Department of Transportation August 1 995 IE PEAK HOUR PEAK DIRECTION VOLUME $CRIPTION (Incl,__,c~_~_ vehicles in exclU.~ve turn ROAD NAME:Airport Road 225 From:Pine Ridge Read To: Radio Road Level of Service ~ >>>>>>>>>> PEAK DIRECTION: NB ~Es A B C D E Stucly Time Permcl: PM ~ 1 N/A N/A 660 8~0 970 Analysis Date: 1997 conditions 2 N/A N/A 1,380 1,940 1 Numbe~ of Lanes: 3 N/A N/A 2.110 2,810 2,920 AADT: 4 N/A N/A 2,820 3,740 3,890 User Notes: PEAK HOUR VOLUME (BOTH DIRECTIONS) (Incic_.c~__~ vehicles in exclU.~ve turn lanes) TRAFFIC CHARACTERISTICS 2~5 Iptersections Der mile K FACTOR: 0.097 (0.06 - 0.20) Level of Sennce D FACTOR: 0.56'7 (0.5(] - 1.00) L..~I[$ A B C D E PHF: 0.~0 (0.70- 1.00) 2 N~A N/A 1,180 1,590 1,740 ADJ. SATURATION FLOW RATE: 1,950 (1400 - 2000) 4 N/A N/A 2,470 5,300 3,490 % TURNS FROM EXCLUSIVE LANES: 22 (0 - 100) 6 N/A N/A 3,790 5,040 5240 8 N/A N/A 5,060 6,720 6,980 F~)ADWAY CHARACTERISTICS AVERAGE ANNUAL DAILY TRAFFIC (AADT) URBAN, TRANSITIO~IING, OR (Inc:l,__,,L~__* vehicles m excluaive turn lenea) RURAL AREA TYPE: U (U, T. or R) 2.25 Inte~ r~r mile ARTERIAL CLASS: I (1,2. or 3) FREE FLOW SPEED (ml~): 4~ (45, 40, or 35) Level of Se~ice TOTAL LENGTH OF ARTERtAL (m~: 4 L~J~ES A B C D E MEDIANS (Y/N): Y 2 N/A N/A 12,200 16,300 18,000 LEFT TURN BAYS (Y/N): Y 4 N/A N/A 25,500 34,000 6 N/A N/A 39,100 51,900 54,000 SIGNALIZATION CHARACTERISTICS S N/A N/A 52,200 69,300 72,000 NO. SIGNALIZED INTERSECTIONS: 9 VA means t~e level of seance is not achievable ARRIVAL TYPE, PEAK DIRECTION: 4 (1,2,:3,4,5 or 6) Peak Hour Peak Direction Through/l~ight vic RaUo for Full Hour TYPE SIGNAL SYSTEM: S (P, S, or A) (P~i:b~brne~. $ .Semiactueted, A.Actuated) Level of SennCe SYSTEM CYCLE LENGTH (sec): 140 (60 - 180) ~U~ES A B C D E WEIGHTED THRU MOVEMENT g/C: 0.41 (0~0 - 0.80) ~ 1 N/A N/A 0.68 0.91 1.00 2 N/A N/A 0.71 0.94 1.00' 3 N/A N/A 0.72 0.96 1,00 4 N/A N/A 0.72 0~6 1 .IX] AGENDA ITEk. JUN 0 B 1999 TRAN- 1 9a ROUTE-SPECIFIC SEGMENT 3 TABLE 1-3 ART-TAB Version 2.0 Arterial Level of SerV~e Volume Tables Basecl on Chapter 11 of fl~ 1994 Highway Capacity Manual Update Florida Department of Transportation August 1995 PEAK HOUR PEAK DIRECTION VOLUME )ESCR]PTION (Ir, c/,__,d.~__, v~hic/ea in exclu.~ve turn ROAD NAME: AJrl>ml R~ad 1.666667 ~~ ear mile From: Ratio Ro~t To: US 41 Level of Service EAK >>>>>>>>>> PEAK DIRECTION: NB L.~N£S A B C D E Study Time Peru>d: PM PEAK 1 N/A 470 670 740 790 A~aly~s Date: 1997 con~litJons 2 N/A 1,010 1,400 1,510 1,590 Numb~ of Lanes: 3 N/A 1,550 2,140 2.280 2,3~0 AADT: 4 N/A 2,060 2,860 3,040 3,170i PEAK HOUR VOLUME (BOTH DIRECTIONS) (In¢!,__,,'3.__-* veh~_~-, in exclusive turn TRAFFK; CHARACTERISTICS 1 ,~.~,.~7 Intersect~ls ~e~ mile K FACTOR: 0.0~? (0.0~ - 0~'0) Lev~ of D FACTOR: 0~4~ (0.50 - 1.00) LANES A B C D E Pr-IF: 0.1N)O (0.70- 1.00) 2 N/A 850 1,230 1,350 1,450 ADJ. SATURATION FLOW RATE: 1,~ (1400 - 2000) 4 N/A 1,830 2,560 2,760 2,590 % TURNS FROM F..XC4.USNF. lANES: 1~ {0 - 100) 6 N/A 2,820 3,910 4,1~0 4,340 8 N/A 3,760 5.220 5.550 5,790 ~OADWAY CHARACTERISTICS AVERAGE ANNUN. DAILY TRAFFIC (ANST) URBAN, TRANS;TIONING, OR (Inct,__.f~_ ._ veh~les in exclush,e lurn __~ RURAL AREA TYPE: U (U, T, et R) 1 666667 ~ ARTERIAL C..t. ASS: 1 (1,2, et 3) FREE FLOW SPEED (m{~): 4~ (45, 40, et 35) ~ of tOTAL LENGTH OF ARTERIAL (.~3: 1.8 L~N£S A B C D E MEDIANS (Y/N): Y 2 N/A 8.~00 12,600 13,900 14,900 LEFT TURN BAYS (Y/N): Y 4 N/A 18,900 2~,3(X) 28,400 $ N/A 29,100 40,300 42,900 44,700 $IGNAUZATION CHARACTER~TtC$ 8 N/A 38,800 53,~X) 57,200 5~,700 NO. SIGNALIZED INTERSECTIONS: 3 N/A means the level of servtce is no{ ARRIVAL TYPE, PEAK DIRECTION: 4 (1,2,3.4,5 or 6) Peek Hour Peak DIrectiea Through/Right vic Ratio for Full Ho~r TYPE SIGNAL SYSTEM: S (P, S, et A) (P,.Pr~brne~ $=Semmct~ele,;;, A=Ac~ueI~I) Level of SYSTEM CYCLE LENGTH (sec): 129 (60. 180) LANES A B C D E WEIGHTED THRU MOVEMENT ~/C: 0.3~ (0~0 - 0.80} 1 N/A 0.59 0.85 0.93 1 2 N/A 0.83 0.88 0.95 1.00 3 N/A 0.65 0.90 0.95 1.00 4 N/A 0.~ 0.90 0.~ 1 AGENDA ITEM JUN 0 8 1999 TP~N- '1913 ROUTE-SPECIFIC SEGMENT 4 TABLE 1-4 - ART-TAB Version 2.0 Arterial Level of Serves Volume Tables Based on Chapter 11 of ~he 1994 Highway Capac~ Manual Update Florida Department of Transportation August 1995 PEAK HOUR, PEAK DIRECTION VOLUME DESCRIPTION (Incl,.__,d~_! vetlicli~ in exclusive turn line~) ROAD NAME: Davis Boulevard Z Intersections Der mile From: US 41 To:Airport Road Level of SerVtCe PEAK >>>>>>>>>> PEAK DIRECTION: EB L/~ES A B C D E Study Time Period: PM PEAK 1 N/A 80 680 780 810 A~ah~sis Date: 1997 co~difion= 2 N/A 160 1,430 1 ,.590 1,620! ~ of I.ane~: 3 N/A 240 2.190 2,410 2,4301 AN3T: 4 N/A 320 2.920 3~20 3240: User Notes: PEAK HOUR VOLUME (BOTH DIRECTIONS) (Incl,__*c~__~ relY/ties in excl~'e turn lanes) tRAFFIC CHARACTERISTICS ;~ Intemecaons Der mile ---Range K FACTOR: 0.0~7 (0.06 - 0.:20) Level of Service D FACTOR: 0.515 (0.50 - 1.00) L.~NES A B C D E PHF: 0.960 (0.70- 1.00) 2 N/A 150 1,320 1,520 1,570 ADJ. SATURATION FLOW RATE: 1,860 (1400 - 2000) 4 N/A 310 2,780 3,090 3,150 % TURNS FROM EXCLUSIVE LANES: 27 (0 - 100) 6 N/A 460 4,250 4,680 4,720 8 N/A 620 5,660 8~40 6,300 ROADWAY CHARACTER~TIC$ AVERAGE ANNUAL DAJLY TRAFFIC (AAi3T) URBAN, TRANSITIONING, OR (Include~ vl~clis in exc/u..~ivt turn lines) RURAL AREA TYPE: U (U, T, or R) 2. Inlm~-bons Der mile ARTERIAL CLASS: 1 (1,2. o~ 3) FREE FLOW SlaF. ED (ml~): 48 (45, 40, or 35) Level of SewiDe TOTAL LENGTH OF ARTERIAL (mO: I LANES A B C D E MED(AJ~IS (Y/N): Y 2 N/A 1,600 13,600 15,600 16~00 LEFT TURN BAYS (Y/N): Y 4 N/A 3~00 28,700 31,900 32,500 6 N/A 4,800 45,800 45,300 48,700 SIGNALIZATION CHARACTERISTICS 6 N/A 6,400 58,400 64,400 64,900 NO. SIGNAI-17FD INTERSECTIONS: 2 N/A means ttte level of service ts not achievable ARRIVAL TYPE, PEAK DIRECTION: 4 (1,2,3,4,5 or 6) Peak Hour Peak Direction Through/Right vic Ratio for Full Hour TYPE SIGNAL SYSTEM: S (P, S, or A) (l=h,,l=Yl~rnecl, S=Se~lm~. A=Ac-tuatecl) Level of Service SYSTEM CYCLE LENGTH (sec): 112 (60 - 180) LANES A B C D E i WEIGHTED THRU MOVEMENT g/C: 0.32 (0~.0 - 0.80) 1 N/A 0.10 0.84 0.96 1 .IX3 2 N/A 0.10 0.88 0.96 1.00 3 N/A 0.10 0.90 0.99 1 .iX) 4 N/A 0.10 0.90 0.~ 1.00 AGENDA ITEJw JUN 0 8 1999 TRAN- 19c ROUTE-SPECIFIC SEGMENT 5 TABLE 1-5 ART-TAB Version 2.0 Arterial Level of SerWC® Volume Tables Based o~ Chapter 11 of the 1994 H~ghway Capacity Manual Upclate Florida Department of Transportation August 1995 PEAK HOUR PEAK DIRECTION VOLUME DESCRJPTION (l~cl.__,~,_._ vehicles in ex¢lus~ve turn lanes) ROAD NAME: Davis Boulevard I [1~ From: Nl'lX~ Road Te: Santa Barbara Boulevard Level of $~ice :~cAK >>>>>>>>>> PEA~ DIRECTION: EB L~.N£S A B C D E Study Time Period: PM ~ 1 1,300 1,140 1.260 1,300 1,300 Analysis C)a~: 1997 conditions 2 2,610 2,3~0 2,560 2.610 2,610 Number of Lane~: 3 3,910 3,590 3,870 3.910 3,910t AADT: 4 5210 4,810 5,180 5,210 5,210i User Notes: PEAK HOUR VOLUME (BOTH DIRECTIONS) (Inc!,__,,d~_._ vat~cte,~ in exclu~n,'~ turn TRAFFIC CHARACTERISTICS I Int~sect~'~ Der mile mRar~= K FACTOR: 0.0~7 (0.06 - 0~.0) Level of SerWoa O FACTOR: 0.~4 (0.50 - 1.00) L.KN£S A B C D E PHF: 0.910 (0.70 - 1.00) 2 2,190 1,920 2,120 2,190 2,1901 ADJ. SATURATION FLOW RATE: 1 ,B~0 (1400 o 2000) 4 4,390 4,000 4,310 4,3~0 4,390i % TURNS FROM EXCLUSIVE LANES: 29 (0 - 100) 6 6.5~0 6.050 6,520 6,5~0 6,5~O 8 8,770 8.100 8320 8,770 8.770 ROADWAY CHARACTERISTICS AVERAGE ANNUAL DAILY TRAFFIC (AADT) URBAN, TRANSITK:)NING, OR (Inck_,de__. vehicles in ex¢lu.,~ve turn RURAL AREA TYPE: U (U,T,o~R) 1 [~ ARTERIAL ~: 1 (1,2, or 3) FREE FLOW SPEED (mph): 4~ (45, 40, or 35) Level of Service TOTAL LENGTH OF ARTERIAL (mi): 3 L,~N£S A B C O E MEDIANS (Y/N): Y 2 22,600 19,~(X) 21.800 22,~30 22,~30 LEFT TURN BAYS (Y/N): Y 4 45.200 41 ~ 44,500 45~30 45200 6 67,~00 62,400 67,200 67,~30 67,600 IGNALIZATION CHARACTERISTICS 8 90,400 62.500 89,900 90,400 90,400 NO. SIGNALIZED INTERSECTIOtdS: 3 ARRIVAL TYPE,TYpEPEAKsiGNALDIRECTION:sYSTEM: 3S (P,(1,2,3.4,5S, or A)°r 6) Peak Hour Peak Direction Through/Right vic Ratio for Full HOUrE (P'.,Pmbmed. $~..~emmctuet~d, A..Actualld) Levat of Service SYSTEM CYCLE LENGTH (sec): 109 (60 - 180) La,NES A B C D WEiGHTED THRU MOVEMENT g/C: 0.50 (0~0 - 0.80) I 1.00 0.68 0.97 1.00 1 .{30 2 1.00 0.91 0.98 1.00 1.00 3 1.00 0.92 0.99 1.00 1.00 4 1.00 0.92 0.99 1.00 1 AGENDA ITEM ?R~I- 19~1 JUl'; 0 8 1999 P~. ROUTE-SPECIFIC SEGMENT6 TABLE t-6 U2LN-TAB Version 1.1 Urban Two-Lane Uninterrupted Highway Level of Service Tables Based on the 1994 Highway Capacity Manual Update Florida DepartmentAUgust 1of 995Transportation , DESCRIPTION PEAK HOUR PEAK DIRECTION VOLUME A B C D El ROAD NAME: Davis Bouleva~ 450 690 940 1,240 1,650l DISTANCE (mi): 1.a miles STUDY TIME PERIOD: PM PEAK PEAK HOUR VOLUME (BOTH DIRECTIONS) ANALYSIS DATE: 1997 conditions A B C D NAME: 820 1,270 1,720 2,270 3,020 USER NOTES: AVERAGE ANNUAL DAILY TRAFFIC {AADT) A B C D TRAFFIC CHARACTERISTICS 8,400 13,100 17,700 23,400 31,1001 --Range--- K FACTOR: 0.097 (0.06- 0.20) D FACTOR: 0,54~ (0.50- 1.00) PHF: t3.979 (0.70 - 1.(30) ONE-DIRECTION ADJUSTED SATURATION FLOW RATE: 1,71~ (1300 - 2000) I~OADWAY CHARACTERISTICS Urbamzed, Transitioning, o~ Rural Developed Area: T (U, T or R) POSTED SPEED LIMIT (mph): aa (55,50,45,40,35) MEDIANS (Y/N): N _ LEFT TURN BAYS (Y/N): Y AGENDA ITEM JUN 0 8 1999 TRAN lge pg. ROUTE-SPECIFiC SEGMENT 7 TABLE 1-7 ART-TAB Version 2.0 Arterial Level of Serv~,e Volume Tables Based on ChaPter 11 of fl~e 1994 Highway Capacity Manual Update Florida Department of Transportation AU~lU=t 1995 PEAK HOUR PEAK DIRECTION VOLUME DESCRJPTION (Incl,__~e_. ve~cla~ in exclU~Ve turn lanes) ROAD NAME: Davis Boulevard 2. I~ From: Radio Roa~ To: Isle of' Calxi Road Level ol =F. AK >>>>>>>>>> PEAK DIRECTION: EB 7~.N£S A B C D E Study Time Period: PM PEAK 1 N/A N/A N/A 640 770 Analysis Date: 1~7 condiUofls 2 N/A N/A N/A 1,370 1 ,Sg0 Numbe~ ot Lanes: 3 N/A N/A N/A 2.120 2.410 AADT: 4 N/A N/A N/A 2,8~O 3,2'30 User Notes: PEAK HOUR VOLUME (BOTH DIRECTIONS) (IncJ,__,,c~_s ~/'~,c~,s in exclU,~'ve turn TI~&FFIC CHARACTERISTICS 2 Intemecl~ms aer mite ---Rare= K FACTOR: 0.~? (0.06 - 0.20) Leved a~ ~ervme D FACTOR: 0.~O~ (0.50 - 1 .(30) t. AN£S A B C D E Pt-IF: 0.~ (0.70 - 1.00) 2 N/A N/A N/A 1.050 1,250 AD J. SATURATIO~ FLOW RATE: 1,8~0 (1400 - 2000) 4 N/A N/A N/A 2~50 2,810 % TURNS FROM EXCLUSIVE LANES: SO (0 - 100) 6 N/A N/A N/A 3,480 3~70 8 N/A N/A N/A 4,710 5,320 I~M~NAY CHARACTEI~STIC$ AVERAGE A,'~IUAL DAILY TI~L~FFIC URBAN, TRANSmoNING, OR (I,"~.tua~s vet,~tes in exclu.~ve turn lane~) ~ RURN. AREA TYPE: T (U, T, or R) 2 ARTERIAL CLASS: 1 (1,2, or 3) FREE FLOW SPEED (ml~): 4~ (55,50,45,40,35) ~ al TOTAL LENGTH OF .4~TERIAL (m~: 0.6 L~NES A B C D E MEDIANS (Y/N):N 2 N/A N/A N/A 10,~00 13,000 LEFT TURN BAYS (Y/N): Y 4 N/A N/A N/A 23~30 $ N/A N/A N/A 35.g(X) 40,g00 $IONALtZ. ATION CHAI~,CTERJSTIC$ 8 N/A N/A N/A 4~,500 54,800 NO. SIGNALLZED INTERSECTIONS: 1 N/A means ttm teved c~ sennce ~s nol achievable ARRIVAL TYPE, PEAK DIRECTION: 3 (1,2,3,4,5 or 6) Peak Hour Peak DIreclJort Througl~/Right vic Ratio for Full Hour TYPE SIGNAL SYSTEM: S (P, S, or A) (P=Pt~lime~, S=Sem~c~uate~l, A=Actuale~ Level of SeWme SYSTEM CYCLE LENGTH (sec): 140 (50 * 180) L.~NES A B C D E WEIGHTED THRU MOVEMENT ~: 0.23 (0.20 - 0.80) 1 N/A N/A N/A 0.79 0.95 2 N/A N/A N/A 0.85 0.98 3 N/A N/A N/A 0.87 0.98 4 N/A N/A N/A 0.~ I TRAN- 19f AC~=.NDA IT~ No.~/ I] 8 Pg._ ROUTE-SPECIFIC SEGMENT 8 TABLE 1-8 ART-TAB Version 2.0 Attenal Level of serwce Volume Tables Based on Chapter 11 of the 1994 Highway Capac~ Manual Update Florida Department of Transportation Auc~ust 1995 ,, PEAK HOUR PEAK DIRECTION VOLUME DESCRJPTION (Includes vehicle~ in ex¢lusiv~ turn tan~s) ROAD NAME: Golden Gate Parkway 4 Intersections =er mile From: US 41 To: Goodlette Frank Road Level of Serv~oa ~ >>>>>>>>>> PEAK DIRECTION: EB L,~£S A B C D E Stucly Time P~:PM PEAK 1 N/A N/A N/A 680 810 Analysis Data: 1997 conditions 2 N/A N/A N/A 1,410 1,680 Number of lanes: 3 N/A N/A N/A 2,200 AADT: 4 N/A N/A N/A 3,000 3.410 PEAK HOUR VOLUME (BOTH DIRECTIONS) (Inc~__,c~__. vehicte~ m exclusive turn lanes) TRAFFIC CHARACTERJSI~CS ~ Ime~cao~s ~er mile --Range-- K FACTOR: 0.097 (0.06. 020) Level of Sm~.ioa D FACTOR: 0.543 (0.50.1.00) L.,~£S A B C D E PHF: 0.950 (0.70 - 1.00) 2 N/A N/A N/A 1 ~20 1,480 ADJ. SATURATION FLOW RATE: 1,8~0 (1400 - 2000) 4 N/A N/A N/A 2,580 3,080 % TURNS FROM EXCLUSN~ LANES: 24 (0 - 100) 6 N/A N/A N/A 4,040 4,680 8 N/A N/A N/A 5,530 6~90 ROADWAY CHARACTERISTICS AVERAGE ANNUAL DAILY TRAFFIC (AADT) URBAN, TRANS~ING, OR (Includea vehicles in exctusiv~ turn RUR.~L AJRF_A TYPE: U (U, T, or R) 4 I~s ~ mile ARTERIAL CLASS: 2 (1,2, or 3) FREE FLOW SF~ED (mph): 35 (40,35,3025) Level of Service TOTAL LENGTH OF ARTERIAL (m~): 0.S t.~£s A B C D E MEDIANS (Y/N): Y 2 N/A N/A N/A 12,600 15,400 LEFT TURN BAYS (Y/N): Y 4 N/A N/A N/A 26.700 31 6 N/A N/A N/A 41,700 48,300 SIGNALIZATION CHARACTERISTICS 8 N/A N/A N/A 57,000 NO. SIGNALIZED INTERSECTIONS: 2 N/A means t~e levet of service is not achievable ARRIVAL TYPE, PEAK DIRECTION: 3 (1,2,3,4,5 or 6) Peak Hour Peak Direction Through/Right vic Ratio for Full Hour TYPE SIGNAL SYSTEM: S (P. S, or A) (F~Pret~rn~l $.semmCtuata~d, A .Aca,ml~l) L®vet of Service SYSTEM CYCLE LENGTH (sm:): 99 (60. 150) t_,d~£s A B C D E WEIGHTED THRU MOVEMENT G/C: 0.35 (0.20 - 0.80) 1 N/A N/A N/A 0.76 0.92 2 N/A N/A N/A 0.80 0.96 3 N/A N/A N/A 0.84 0~7 4 N/A N/A N/A 0.88 0~97 19g JUN 0 8 1999 // ROUTE-SPECIFiC SEGMENT 9 TABLE 1--9 ART-TAB Version 2.0 ' Arterial Lave{ of Serv~e Volume Tables Based on Chapter 11 of We 1994 Highway Capacity Manual Ul:x:late Florida Department of Transportation August 1995 PEAK HOUR PEAK DIRECTION VOLUME DESCRIPTION (Incl,__,~_~_ vehicles in exclusive turn lares) ROAD NAME: Golden Gate Parkway 1.25 Intersections =er mile From: Goodle~e Frank Road To: AJq:~rt Road Level of Service =EAK >>>>>>>>>> PEAK DIRECTION: EB LANES A B C D E Study Time Period:PM PEAK I N/A 250 920 1,050 1,050 An~ Date: 1997 conclitio~$ 2 N/A 500 1,900 2.100 2,100 Number of Lanes: 3 N/A 760 2,910 3,150 3.150 AADT: 4 N/A 1,010 3,930 4~00 4,200 User Notes: PEAK HOUR VOLUME (BOTH DIRECTIONS) (Inc!,__,,c~__~ vehicla.~ in exclu~e turn lanes) FRAI=FIC CHARACTERISTICS 1.25 Iptemections Der mile ~Range-- K FACTOR: 0.0~7 (0.06 - 0.20) Level of Service D FACTOR: 0.~72 (0.50 - 1.00) L.~N£S A B C D E PHF: 0.970 (0.70 - 1 .{30) 2 N/A 440 1,610 1.830 1,830 ADJ. SATURATK3~ FLOW RATE: 1 ,~ (1400.20(X)) 4 N/A 880 3,330 3.670 3.670 ff, TURNS FROM EXCLUSIVE LANES: 33 (0 - 100) 6 N/A 1,320 5,080 5,500 5.500' 8 N/A 1,760 6,870 7,340 7,340 ;[~OADWAY CHARACTERISTICS AVERAGE ANNUAL DAILY TRAFFIC (AADT) URBAN, TRANSITIONING, OR (Incl,__,~_*_ vehicla~ m exclUS~e turn lanes) RURAL AREA TYPE: U (U, T, or R) ~ Irffemections Der mile ARTERIAL. CA..ASS: 1 (1,2, or 3) FREE FLOW SPEED (mph): 4~ (45, 40. or 35) ~ of Sewice TOTAL LENGTH OF ARTERtAL (m0: 1.8 LANES A B C D E MEDIANS (Y/N): Y 2 N/A 4,500 16,600 18.900 18,900 LEFT TURN BAYS (Y/N): Y 4 N/A 9,100 34,300 37,~00 6 N/A 13,500 52,400 56,700 56,700 SIGNALIZATION CHARACTERISTICS 8 N/A 18,200 70,800 75,600 75,600 NO. SIGNALIZED iNTERSECTIONS: 2 N/A means me level of sennce is not achievable ARRIVAL TYPE, PF..AK DIRECTION: 3 (1,2,3,4,5 or 6) Peak Hour Peak Direction Through/Right vic Ratio for Full Hour TYPE SIGNAL SYSTEM: S (P, S, or A) (F~Pre~e,d. S=~u~M¢~. A=Actueted) Level of Set'ce SYSTEM CYCLE LENGTH (sec): 173 (50 - 150) LANES A B C D E WEIGHTED THRU MOVEMENT ~::;: 0.3~ (0.20 - 0.50) 1 N/A 0.24 0.8~ 1 .CiO 1.00 2 N/A 0.24 0.91 1.00 1.00 3 N/A 0~.4 0.92 1.00 1.00 4 N/A 0~4 0.94 1 AGENDA ITEJVl 19h JUN 0 1999 Pg. TABLE 1-10 ~ I ~ll A~A I~ ~ - ~ m,~ ~ ~,,~ JUN 0 ~ 1999 TRAN- 19i ROUTE-SPECIFIC SEGMENT 11 TABLE ] - 1 1- ART-TAB Version 2.0 Arterial Level of Serves Volume Tables Based on Chapter 11 of the 1994 Highway Capacity Manual Update Florida Department of Transportation Au~lu~t 1 ~ PEAK HOUR PEAK DIRECTION VOLUME DESCRIPTION (Incl,__,,:~_~ vehicles )n exclusive turn lane, s) ROAD NAME: Goklen Gate Parkway 22~727 Intemecfions ~er mile From: Santa Barbara Boulevard To: ~ of Capri Road Leval of Service ~ >>>>>>>>>> PEAK DIRECTION: EB L.~II;S A B C D E Study Time Period: PM PEAK 1 N/A N/A 630 710 730 Analysis Date: 1957 conditions 2 N/A N/A 1,300 1,450 1,450 Number of Lanes: 3 N/A N/A 1 ,ggO 2,180 2,180 AADT: 4 N/A N/A 2.660 2.910 2,910i Us~ Notes: PEAK HOUR VOLUME (BOTH DIRECTIONS) (Inct5_*c"~___~ va~ci~s in exclU.~Ve turn lanes) Ilq.~FFIC CHARACTERISTICS 2.272727 Iptamec'aons =er mile ---Range--- K FACTOR: 0.09? (0.06 - 0.20) Levat of Service D FACTOR: 0.538 (0.50 - 1.00) L.~;S A B C D E PHF: 0.9?0 (0.70 - 1 .CIO) 2 N/A N/A 1,160 1,320 1,350 ADJ. SATURATION FLOW RATE: 1 ,SE0 (1400 - 2000) 4 N/A N/A 2,420 2.~0 2.700 % TURNS FROM EXCLUSNE LANES: 18 (0 - 100) 6 N/A N/A 3,700 4,050 4,050 8 N/A N/A 4,940 5,400 5,400 ROADWAY CHARACTERISTICS AVERAGE ANNUAl. DAILY TRAFFIC URBAN, TRANS[TIONING. OR (Incl~__~'~_e_ vefl~ctes in ex¢lu.~ve turn lan~s) ~ RURAL AREA TYPE: U (U,T,o~R) 2~72~7 II~ ARTERIAL. ClASS: 2 (1,2,(x 3) FREE FLC~N SPEED (ml~): 3~ (40,35.30~5') Lmml of TOTAL LENGTH OF ARTERIAL (m~: 23 LANES A B C D E ME~ (Y/N): Y 2 N/A N/A 12.000 13,~00 13.900 LEFT TURN BAYS (Y/N): Y 4 N/A N/A 25,(XX) 27.800 27,900 6 N/A IWA 38~00 41,800 41,800 SIGNALIZATION CHARACTERISTICS 8 N/A N/A 50,900 55,700 50,700 NO. SIGNALIZED INTERSECTIONS: 5 ~/A means the level ~ serves is no( achievable ARRIVAL TYPE, PEAK DIRECTION: 4 (1,2,3,4,5 or 6) Peak Hour Peak Oirection Through/Right vic Ratio for Full Hour TYPE SIGNAL SYSTEM: $ (P, S. or A) (P=Pretimed, S=Semmca.~<t, A=ActuaaK~) Level of Service SYSTEM CYCLE LENGTH (sec): 130 (60- 180) LANES A B C D E WEIGHTED THRU MOVEMENT g/C: 0.33 (0~0 - 0.80) 1 N/A N/A 0.86 0.98 1.00 2 N/A N/A 0.90 1 .tX) 1.00 $ N/A I~A 0.91 1 .IX) 1.00 4 N/A N/A 0.~1 1.00 1.00 AGENDA ITEM JUN 0 8 1999 ?RAN- 19j ROUTE-SPECIFIC SEGMENT 12 TABLE 1 ~12 ART-TAB Version 2.0 Artedal Level of ServiCe Volume Tables Based on Chapter 11 of the 1994 Highway Capac~'y Manual Update Florida Department of Transportation Aug, ust 1995 PEAK HOUR PEAK DIRECTION VOLUME DESCRIPTION (Inc;,__,,,c~_e_ vehiclaa in exclusive turn lanes) ROAD NAME: Goodlette-Frank Road 0331707 Intemec-I~s ~er mile From: Immokalee Road To: Pine Ridge . Level of ServiCe ;~EAK >>>>>>>>>> PEAK DIRECTION: NB L.~Es A B C D E Study Time Pemx]: PM PEAK I N/A 1,070 1,170 1,240 1,240 Analysis Date: 1997 conditions 2 N/A 2,180 2,370 2.480 2,480 Number of Lanes: 3 N/A 3,300 3,5~0 3,720 3,720 AADT: 4 N/A 4,420 4,780 4.960 4,960 User Notes: PEAK HOUR VOLUME (BOTH DIRECTIONS) (Inctucfe.s vetwcle~ in exclu.~ve turn lar,~s) TRAFFIC CHARACTERISTICS 0.731707 Intersec~ons Der mil~ --Range-- K FACTOR: 0.097 (0.06 - 0.20) Level of Service D FACTOR: 0.600 (0.50 - 1.00) LMeES A B C D E PHF: 0.9~ (0.70- 1.00) 2 N/A 1,780 1,960 2,060 2,060 ACM. SATURATION FLOWN RATE: 1,9~0 (1400 - 2000) 4 N/A 3,630 3,960 4,130 4,130 % TURNS FROM EXCLUSIVE LANES: 39 (0 - 100) 6 N/A 5,5(X) 5,960 6,190 6390 8 N/A 7.370 7,960 8,260 8,260 ROAD~NAY CHARACTERISTICS AVERAGE ANNUAL DALLY TRAFFIC (AADT) URBAN, TRANSIT1ONING, OR (Inc~,__,,~_ ._ vehicles in exclusive turn lanes) RURAL AREA TYPE: U (U, T, or R) 0.73170? Intersections Der mil~ ARTERIAL Ct. AS~: 1 (1,2, or 3) FREE FLOW SPEED (mph): 46 (45, 40, or 35) Leve~ of Serv~ TOTAL LENGTH OF ARTERIAL (md: 4.1 L~NES A B C D E MEDIANS (Y/N): N 2 N/A 18,400 20,200 21,300 21,300 LEFT TURN BAYS (Y/N): Y 4 N/A 37,500 40,800 42,600 42,600 9 N/A 56,700 61,400 63,9(X) 63,900 SIGNALIZATION CHARACTERISTICS 8 N/A 75,900 82,100 85,100 85,100 NO. SIGNALI7ED INTERSECTIONS: 3 N/A means t~e level of service is not achievable ARRIVAL TYPE. PEAK DIRECTION: 3 (1,2,3.4,5 or 6) Peak Hour Peak Direction ThroughiRight vic Ratio for Full Hour TYPE SIGNAL SYSTEM: S (P, S, o~ A) (P~Pretimed, S=Sermectu~te~d. A.,Actuate~ Level of Serv'ce SYSTEM CYCLE LENGTH (sec): 100 (60 - 180) L..~£S A B C D E WEIGHTED THRU MOVEMENT g/C: 0.43 (0.20 - 0.80) I N/A 0.86 0.95 1.00 1.00 2 N/A 0.88 0.96 1.00 1.00 3 N/A 0.89 0.96 1.00 1.00 4 N/A 0.89 0.95 1.00 1.00 AGE. N~A ITEM JUN 8 TR. AN- 19k ROUTE-SPECIFIC SEGMENT 13 TABLE ART-TAB Version 2.0 Arterial Level of Service Volume Tables Based on Chapter 11 of He 1994 Highway Cal=acd:y Manual Update Florida Department of Transportation Aufjust 1995 DE PEAK HOUR PEAK DIRECTION VOLUME $CRIPTION (Include~ vetlicla~ in exclusive turn lanes) ROAD NAME: Goodlette4:rank Road 1.451481 Intemectiens ~er mile ' From: Pine Ridge To: Golden Gate Parkway Level of Sef~,c$ ,~EAK >>>>>>>>>> PEAK DIRECTION: NB L/,NES A B C D E Study Time Period: PM PEAK I N/A 850 1,080 1,180 1,200 Analy~s Date: 1997 condition, 2 N/A 1.810 2.230 2.390 2.410 Numb~ of Lanes: 3 N/A 2,790 3,370 3,610 3,610 AADT: 4 N/A 3,720 4,500 4,~2.0 4,820 Us~r Notes: PEAK HOUR VOLUME (BOTH DIRECTIONS) (Incl,__,,3e! v~/~cla~ m exclusive turn lane~) FRAFFIC CHARACTERISTICS 1.481481 Intersecl~ons ~r mile ---Ran~= K FACTOR: 0.007 (0.06 - 0.20) Level of Service D FACTOR: 0.514 (0.50 - 1.00) L.,,~£S A B C O E PHF: 0.920 (0.70- 1.00) 2 N/A 1,660 2,100 2.290 2,340 ADJ. SATURATION FLOW RATE: 1,850 (1400 - 2000) 4 N/A 3,530 4,340 4,660 4,680 % TURNS FROM EXCLUSIV~ LANES: 37 (0 - 100) 6 N/A 5,430 6,5~0 7,030 7,030 8 N/A 7,240 8,750 9,370 9,370 ~)ADWAY CHARACTERISTICS AVERAGE ANNUAL DALLY TRAFFIC (AADT) URBAN, TRANSITIONING, OR (InclL _*C~_'_ vehiclea in exclusive turn lanes) RURAL AREA TYPE: U (U, T, o~ R) 1.4~1481 InlmmeotJons ~er mile ~ ANTERtN. ~: 1 (1,2, ~x 3) FREE FLO~V SPEED (mpa): 4~ (45, 40, ~r 35) level el' Service TOTAL LENGTH OF ARTERIAL (mi): 2.1 [-,~NES A B C O E MEDIANS (Y/N): Y 2 N/A 17,100 21,600 23,600 24,100 LEFT TURN BAYS (Y/N): Y 4 N/A 36,300 44,700 4~,000 4~,300 6 N/A 56,000 67,700 72,400 72,400 SIGNALIZATION CHARACTERJSTIC$ 8 N/A 74,600 90,200 96,600 56,600 NO. SIGNALIZED INTERSECTIONS: 4 N/A means the level of service is not achievable ARRIVAL TYPE, PEAK DIRECTION: 4 (1.2,3,4,5 or 6) , Peak Hour Peak Direction Through/Right vic Ratio for Full Hour TYPE SIGNAL SYSTEM: S (P. S, or A) (F~Prebn~cl, S=Semmctual~d, A =Actual~:l) Level of Service SYSTEM CYCLE LENGTH (sec): 115 (60 - 180) L.,~N£S A B C D E WEIGHTED THRU MOVEMENT ~/C: 0.41 (0~.0 - 0.80) ~ 1 N/A 0.71 0.90 0.98 1.00 2 N/A 0.75 0.93 0.99 1.00; 3 N/A 0.77 0.93 1.00 1.00i 4 N/A 0.77 0.93 1.00 1.001 AC-~A ITEM TI N- 19]. JUN 0 8 1999 ROUTE-SPECIFIC SEGMENT 14 TABLE 1 - 14 ART-TAB Version 2.0 Arterial Level of Service Volume Tables Based on Chapter 11 of the 1994 Highway Capac~y Manual Update Florida Department of Transportation Au.qust 1995 IDE PEAK HOUR PEAK DIRECTION VOLUME SCRIPTION (InclucJ~ vehicles in exclu~ve turn ROAD NAME: Goodlette-.Frank Road 2.941176 Irffersections Der mile From: Golden Gate Parkway To: C. ent~al Avenue Level of Service ~ >>>>>>>>>> Pm_AK DIRECTION: NB LANES A B C D E Study Time Period:PM PEAK 1 N/A N/A 520 880 Analysis Date: 1997 conditions 2 N/A N/A 1,090 1,810 1,990i Number of Lanes: 3 N/A N/A 1,650 2,760 3,000 AADT: 4 N/A N/A 2.200 3,690 4,000 User Notes: PEAK HOUR VOLUME IBOTH DIRECTIONS) (Includes vehicMs in exclU.,~ve turn TRAFFIC CHARACTERISTICS 2.941176 Intersec'dons Der rnile ----Ran~= K FACTOR: 0.097 (0.06 - 0.20) Level of Sennce D FACTOR: 0.598 (0.50 - 1.00) LANES A B C D E PHF: 0.930 (0.70- 1.00) 2 N/A N/A 880 1,470 1,630 ADJ. SATURATION FLOW RATE: 1,860 (1400 - 2000) 4 N/A N/A 1,820 3,030 3,320 % TURNS FROM EXCLUSIVE LANES: 20 (0 - 100) 6 N/A N/A 2,760 4.620 5,020 8 N/A N/A 3,680 8,150 6,690 ROADWAY CHARACTERISTICS AVERAGE ANNUAL DALLY TRAFFIC (AADT) URBAN, TRANSITIONING, OR (llzeJs_,~'~_e_ vehicles ~n exclusive turn RURAL AREA TYPE: U (U, T, or R) 2.94117§ Interse~ons Der rnile ARTERtAL CLA,SS: 1 (1,2, or 3) FREE FLOW SPEED (rnph): 4~ (45, 40, or 35) Level of Serape TOTAL LENGTH OF ARTERIAL (m:~: 1.7 LANES A B C O E MEEXAN~ (Y/N): Y 2 N/A N/A 9,000 15~00 16,800 LEFT TURN BAYS (Y/N): Y 4 N/A N/A 18,700 31 ~ 34,300 6 N/A N/A 28,500 47,600 51,700 SIGNALIZATION CHARACTERISTICS 8 N/A N/A 38.000 63,500 69.000 NO. SIGNALIZED INTERSECTIONS: 5 N/A means t~e level of service is not achievable ARRIVAL TYPE, PEAK DIRECTION: 4 (1,2,3,4,5 or 6) Peak Hour Peak Direction Through/Right vic Ratio t~or Full Hour TYPE SIGNAL SYSTEM: S (P, S, or A) (PaPr~,~nted, S=Sen',actuat~c~, A ~,Actueted) Level of Service SYSTEM CYCLE LENGTH (sec): 130 (60 - 180) L.~J~ES A B C D E WEIGHTED THRU MOVEMENT g/C: 0.4~ (0.20 - 0.80) 1 N/A N/A 0.50 0.84 0.94 2 N/A N/A 0.52 0.87 0.95 i 3 N/A N/A 0.53 0.89 0.96 4 N/A N/A 0.53 0.89 0.96 TRAN- 19m AGENDA ITEJvl .o. JUN 0 8 1969 ROUTE-SPECIFIC SEGMENT 15 TABLE 1 - 15 ART-TAB Version 2.0 Artedal Level of Serwce Volume Tables Based on Chapter 11 of the 1994 Highway Capacrty Manual Update Florida Department of Transportation Aufjust 1 995 [ ...... PEAK HOUR PEAK DIRECTION VOLUME DESCRIPTION (Ir'~.luolea vehiclea in exclu.'a',,'e turn ROAD NAME: Oooeltette-Frank Road ~ ~f~ec-tio~s Der mile From: Central Avenue To: U~ 41 Level of Service PEAK >>>>>>>>>> PEAK DIRECTION: SB L.~ES A B C D E Stucly Time Penod: PM PEAK 1 N/A N/A 450 790 920 Armtysis Date: 1997 condiUons 2 N/A N/A 920 1,670 1,870 Numbe~ of Lanes: 3 N/A N/A 1,400 2,540 2,~30 AADT: 4 N/A bi/A 1,860 3,390 3,770 Us~r No~s: Free flow speed is 45 mph. Entered as 40 mph (maximum}. PEAK HOUR VOLUME (BOTH DIRECTIONS) (Inc/._,~_! veh~ctes ~n exctu.~i,,,e turn lanes) rI%~J:FIC CHARACTERISTICS ~ Inte,-sec-~ms Der mile --Range--- K FACTOr: 0.0~7 (0.06 - 0.20) L~v~ of D FACTOIR: 0.~4.~ (0.50 - 1.00) LANES A B C D E I:~IF: 0.900 (0,70- 1.00) 2 N/A N/A 820 1,4~0 1 ADJ. SATURATION FLOW RATE: 1,8~0 (1400 - 20(X)) 4 N/A N/A 1,690 3,070 3,430 % TURNS FROM EXCLIJ~IVE LANES: 8 (0 - 100) 6 N/A N/A 2,560 4,6~0 5,180 i 8 N/A N/A 3,420 6~I~0 6,91 ROADWAY CHARACTERISTICS A~RAGE ANNUAL DAILY TRAFFIC URBAN, TRANSFTK:)NING. OR (Incloo~$ vehiclea in exclusive turn lane~) RURAL AREA TYPE; U (U, T, o~ R) ~. [Dtemectig~-ts Der mile "- ARTERIAL CLASS: 2 (1,2. or 3) FREE FLOW SPEED (mph): 40 (40,35,30~') Level of TOTAL LENGTH OF ARTERIAL (m~: 0.4 ~ A B C D E MEDIANS (Y/N): Y 2 N/A N/A 8,500 15,000 17,30~ LEFT TURN BAYS (Y/N): Y 4 N/A N/A 17,400 31.700 35,400 8 N/A N/A 26.400 45.100 53,400 SlONALIZATION CHARACTERISTICS 8 N/A N/A 35,200 64.100 71,300 NO. SIGNALIZED INTERSECTIONS: 2 N/A means tt~ level of s~rvice is not ARRIVAL TYPE. PEAK DIRECTION: 4 (1,2.3,4,5 or 6) Peak Ho~r Peak Direction Through/Right vic Ratio fo~ Full Hour TYPE SIGNAL SYSTEM: $ (P, S, orA) (~Pr~e'm~31, S=$emmctuate~. AaActua~ Level of Service SYSTEM CYCLE LENGTH (~e¢): 130 (60. 180) L.~NES A B C D E WI[IGHTED THRU MOVEMENT g/C: 0.51 (0.20 - 0.80} I N/A N/A 0.44 0.77 0.89 2 N/A N/A 0.45 0.82 0.91 3 N/A N/A 0.45 0.83 0.92 4 N/A N/A 0.45 0.~3 0.92 TRAN- 19n A~A IT~..M JUN 0 8 1999 RO~J'T'E-SPECIFIC SEGMENT 16 TABLE 1-16 ART-TAB Version 2.0 Arterial Level of Serv~e Volume Tables Based on Chapter 11 of the 1994 Highway Capacrty Manual Update Florida Department of Transportation August 1 GG~ 1.i PEAK HOUR PEAK DIRECTION VOLUME RIPTION (In~.l,__*c~_~_ vetoers in exclus~e turn ler~s) ROAD NAME: Immokalee Road 1.5 Intersections =er mile From: MS 41 ' To: Airlx~t Ro~l Level o~ Sewi~e ~ >>>>>>>>>> PEAK DIRECTION: EB I.~£s A B C D E Study Time Peri~l: ~ PEAK 1 N/A 560 790 870 .N~alysis Det~: 1~7 conditions 2 N/A 1,190 1,640 1,760 1,760~ Nurr~er ~ Lane~: 3 N/A 1,830 2,510 2,6~0 2.640 AADT: 4 N/A 2,480 $,370 3,520 :3,520 User No~s: '~i PEAK HOUR VOLUME (BOTH DIRECTIONS) (Incl,__,,c~_~ ve~=tes in exclu,s~e turn lanes) TRAFFIC CHARACTERISTICS 1.5 Intersections =er mile ----Range-- K FACTOR: 0.097 (0.06 - 0.20) Level o~ ServiCe D FACTOR: 0.~,2 (0.50 - 1,00) t_~Es A B C D E I=~IF: 0.SEO (0.70- 1.00) 2 N/A 1,030 1,450 1,610 1,6:30 ADJ. SATURATION FLOW RATE: 1,860 (1400 - 2000) 4 N/A 2,190 :3,020 3~50 3~'50 % TURNS FROM EXCLUSIVE LANES: 16 g0 * 100) 6 N/A :3,370 4,640 4,880 4,880 S N/A 4,670 6,220 6,5~X) I~OADWAY CHARACTER~TIC.~ AVERAGE ANNUAL DALLY TRAFFIC (AADT) URBAN, TRANSITK::)NING, OR (Incl,__~_._ vet'~cle~ in exclusive turn RURAL AREA TYPE: U (U, T. or R) 1.5 Intersections ~er mile ARTERI,~t. CLASS: 1 (1.2, or 3) FREE FLOW SPEED (m~h): 48 (45, ~K), or 35) Level ~ Service TOTAL LENGTH OF ARTERIAL (rmV): 2 L~;gs A B C D E MEDIANS (Y/N): Y 2 N/A 10,600 14,900 16,600 16,~00 LEFT TURN BAYS (Y/N): Y 4 N/A 22,800 :31,200 33,500 6 N/A ~1.700 47,800 50.300 50,300 SIGNALIZATION CHARACTERISTICS 8 N/A 47,100 64,100 67,000 67,000 NO. SIGNALIZED INTERSECTIONS: 3 N/A means t~e level o~ se¢~ice is not achievable ARRIVAL TYPE, PEAK DIRECTION: 3 (1,2.3,4,5 or 6) Peak Hour Peak Dire~:tion Through/Right vic Ratio for Full Hour TYPE SIGNAL SYSTEM: S (P, S, or A) (P~Pr~frne~ $=sem~ctueted. A=Actueted) Level of SerVtCe SYSTEM CYCLE LENGTH (sec): 110 (60 - 180) ~ES A B C D E WEIGHTED THRU MOVEMENT g/C: 0.4 (020 - 0.80) . 1 N/A 0.63 0.89 0.99 1.00~ 2 N/A 0.67 0.63 1.00 1.00 3 N/A 0.69 0.95 1.00 1.00 4 N/A 0.70 0.96 1 .O0 AGENDA ~TF.~ JUN 0 8 19 ]9 ROLJTE-SPECIFIC SEGMENT 17 TABLE 1--17 ART-TAB Version 2.0 Arterial Level of Serv~e Volume Tables Based on Chapter 11 of the 1994 HgJhway Capacity Manual Update Florida Department of Transportation Au,qust, 1995 PEAK HOUR PEAK DIRECTION VOLUME DESCRIPTION (Inc.,',__,,d~__. vehiclea m exclu~n~ turn lane. s) ROAD NAME: Immokalee Road 1.176471 Intm, sec~,~ Der mile From: N~ort Road To: 1-75 Level of Sennce =~r. AK >>>>>>>>>> PEAK DIRECTION: EB LANES A B C D E Study Time Period: PM PEAK 1 1,320 1,210 1,290 1,320 1,320 Ar, alysis Date: 1997 conditions 2 2.640 2.460 2.620 2.640 2.640 Numb~ o/Lar,~s: 3 3.9~0 3.720 3.9~0 3.980 3.960 I AN)T: 4 5290 4,980 5270 5,290 5290 User Notes: PEAK HOUR VOLUME"(BOTH DIRECTIONS) (Incl,.__~_~_ vet'~cle~ in exclu~ve turn lane=) TRAFFIC CHARACTERISTICS 1.176471 Intersec'~ons Der mile K FACTOR: 0.097 (0.06 - 0.20) Level of Service D FACTOR: 0.58~ (0.50 - 1.00) L.~£S A B C D E PHF: 0.920 (0.70.1.00) 2 22,10 2.050 2,200 2240 2240 ADJ. SATURATICXN F~OW RATE: 1,8~0 (1400. 2000) 4 4,490 4,1~0 4,450 4,490 4,490 % TURNS FROM EXCLUSIVE LANES: 25 (0 - 100) 6 6,730 6,310 6,720 6,730 6,730 8 8,970 8,410 8,950 8,970 8,970 ROADWAY CHARAGTER~TIC$ AVERAGE ANNUAL. DAILY TRAFFIC URB.~%I, TR;u%ISITIONING, OR (Incl,__,,d~_._ v~hicla~ in exciuaive turn RURAL AREA TYPE: U (U, T, or R) 1.176471 Intemectmns Der mile ~ ARTERIAL CLASS: 1 (1,2. or 3) FREE FLOW SPEED (mph): 4~ (45, 40, ¢x 35) TOTAL LENGTH OF ARTERIAL (mO: 1 .? LA~£S A B C D E MEDIANS (Y/N): Y 2 23,100 21,100 22.600 23,100 23,100 LEFT TURN BAYS (Y/N): Y 4 46,300 43,100 45,900 46,300 46,3001 SIGNALIZATION CHARACTERJSTIC$ 8 92,500 86,800 92,300 92,500 92,500 NO. SIGNALIZED INTERSECTIONS: 2 ARRIVAL TYPE, PEAK DIRECTION: 4 (1,2,3,4,5 or 6) Peak Hour Peak Direction Through/Right vic Ratio for Full Hour TYPE SIGNAL SYSTEM: S (P, S, or A) (F~Pretimed, S=Sem~Ctual~cl, A aActuet~,¢~ .I Level of Service SYSTEM CYCLE LENGTH (sec): 99 (60. 180) ;I LANES A B C D E , WEIGHTED THRU MOVEMENT G/C: 0.~ (0.20 - 0.80) ,, t 1 1,00 0.91 0.98 1.00 1 2 1.00 0.93 099 1,00 1.00 3 1.00 0.94 1.00 1.00 1.00' 4 1.00 0.94 1.00 1.00 1.00 TRAN- 19p A~A I'r~.M JUN 0 8 1999 TABLE 1-18 o, AGENDA ITEI~ TABLE 1-1 9 _.. iO ,-" :0 l~-i i0 '~°°~1 _z_~o~o' I AGENDA IT~r.i ~i .{~ ~--,~{° ~{~.~ {o:~ ~. ~ JUN081999 ~AN- lgr Pg, ROUTE-SPECIFIC SEGMENT 20 TABLE 1-20 ART-TAB Version 2.0 Artenal Level of Service Volume Tables Based on ChaDter 11 of ff~e 1994 Highway Capacrty Manual Upclate Florida Department of Transportation Au.qust 1995 PEAK HOUR PEAK DIRECTION VOLUME DESCRJPTION (In¢#__.:~_._ veh~cle.~ in exclu..~ve turn lene.~) ROAD NAME: Isle of Capri 0.90~0~1 Intemectio~s ~r mile Fr~-n: Golden Gate Boulevard To: Pine Ridge Road Level of serv~e ~ >>>>>>>>>> PEAK DIRECTION: NB LANES A B C D E Study Time Period: PM PEAK 1 N/A 930 1,020 1,050 1,050 A~aly~$ Dat~: 1997 conditions 2 N/A 1 .~20 2.060 2,110 2.110 Numb~,r of Lanes: 3 N/A 2,910 3,150 3,160 3,160 AADT: 4 N/A 3,910 4,210 4,210 4,210 User Notes: PEAK HOUR VOLUME (BOTH DIRECTIONS) TRAFFIC CHARACTERISTICS 0.909091 Intersections ~er mile --Rang= K FACTOR: 0.067 (0.06 - 0.20) Level of Service D FACTOR: 0.~.~8 (0.50 - 1.00) LANES A B C D E PHF: 0.~00 (0.70- 1.00) 2 N/A 1,560 1,710 1,760 1,760 ADJ. SATURATIO~ FLOW RATE: 1,8~) (1400 - 2000) 4 N/A 3,220 3,490 3,520 3,520 % TURNS FROM EXCLUSIVE LANES: 3S (0 - 100) 6 N/A 4,870 5~60 5,280 5~80 8 N/A 6,530 7.040 7,040 7,040 ROADWAY CHARACTERISTICS AVERAGE ANNUAL DAILY TRAFFIC (AADT) URBAN, TRANSITIONING, OR (IncJude~ ve~cte~ in exclusive turn lene~) RURAL AREA TYPE: T (U, T, or R) 0.9090~1 Intersec'dons ~er mile ARTERIAL CI.A.~S: 1 (1,2, o~ 3) FREE FLOW SI~..ED (ml~): ~ (55,50,45,40,35) Level of Se-vice TOTAL LENGTH OF ARTERIAL (mi): 1.1 LANES A B C D E MEDIANS (Y/N): Y 2 N/A 16.100 17,600 18,200 18,200 LEFT TURN BAYS (Y/N): Y 4 N/A 33~30 36,000 36,300 36,300 i SIGNALIZATION CHARACTERISTICS 1t! i 82 N/AN/A 67,3000.91 72,5000.99 72,6001.00 72,6001.00 NO. SIGNALIZED INTERSECTIONS: I [IN/A means the leve~ of service is not achleval~le ARRIVAL TYPE, PEAK DIRECTION: 3 (1,2,3,4.5 or 6) Peak Hour Peak Direction Through/Right vic Ratio for Full Hour TYPE SIGNAL SYSTEM: S (P, S, or A) (P~Pr~fm~3~, S=Sem~ctuetl~d, A=Actue~d) Level of Service SYSTEM CYCLE LENGTH (sec): 126 (60 - 180) LANES A B C D E 1 N/A 0.89 0.97 1.00 1 O0 WEIGHTED THRU MOVEMENT ~:~: 0.37 (0.20 - 0.80) ~ ' 3 N/A 0.92 1.00 1 4 N/A 0.93 1.00 1.00 1.00 TRAN- 19s AGENDA ITEM JUN 0 8 1999 ROUTE-SPECIFIC SEGMENT 21 TABLE 1 - 2 1 ART-TAB Version 2.0 Arterial Levet of Service Volume Tables Based on Chapter 11 of ne 1994 Highway Capac~'y Manual Update Florida Department of Transportation August 1995 PEAK HOUR PEAK DIRECTION VOLUME DESCRIPTION (Inc./,__.c~__. vlh~clis in excluSiVe turn lines) ROAD NAME: Isle of Capri 1 025641 Intersac'-~x~s Der mile From: Pine Ridge Road To: Davis Boulevard Lev~ cd Service ~ >>>>>>>>>> PEAK DIRECTION: NB LANES A B C D E StUdy Time Period: PM PEAK 1 N/A 1,150 1,270 1,300 1,300 A~alysis Date: 1997 conditions 2 N/A 2,400 2,580 2,600 Number cd Lanes: 3 N/A 3,~2~) 3,~90 3.9(X) 3,900 AADT: 4 N/A 4,~0 5,193 5200 5,200 User Notes: PEAK HOUR VOLUME (BOTH DIRECTIONS) (Include~ ve*~cli~ in exclu`s~v'e turn lane.s) TRAFFIC CHARACTERISTICS 1.025641 Intema~-tions Der mile gRan~= K FACTOR: 0.057 (0.06.0.20) Level cd Servtce D FACTOR: o.r/g (0.50.1.00) L~N£S A B C D E PHF: 0.920 (0.70- 1.00) 2 N/A 1,990 2,190 2.250 2250 ADJ. SATURATION FLOW RATE: 1,8~0 (1400 - 2000) 4 N/A 4,140 4,450 4.490 4,460 % TURNS FROM EXCLUSIVE LANES: 36 (0 - 100) 6 N/A 6250 6,720 6,740 6,740 8 N/A 8,340 8,960 8,980 8,9~0 ROADWAY CHARACTERISTICS AVERAGE ANNUAL DNLY TRAFFIC (AADT) URBAN, TRANSITIONING, OR (Inc/udea v~lea in exclusive turn lane..) ~ RURAL AREA TYPE: T (U, T, or R) 1.025641 Intemections Der mile ARTERIAL. C~: 1 (1, 2, or 3) FREE FLOW SPEED (mph): 46 (50,50,45,40,35) Level cd Service TOTAL LENGTH OF ARTERIAL (m0: 3.~ L/U~E$ A B C D E MEDIAN~ (Y/N): Y 2 N/A 20,500 22,600 23,200 23,200 LEFT TURN BAYS (Yfl~: Y 4 N/A 42,700 45,9(X3 46,300 46,300 SK~NALtZ..ATION CHARACTERISTICS 8 N/A 86,000 92,400 92,600 92,600 NO. SIGNALLED INTERSECTIONS: 4 N/A means ~a level of service is not achlavat~te ARRIVAL TYPE, PEAK DIRECTION: 4 (1 2,3,4.5 or 6) Peak Hour Peak Direction Through/Right vic Ratio for Full Hour TYPE SIGNAL SYSTEM: $ (P, S. or A) (P'=Prebrne~, S=Semmctuatec/, A,.Actuel~d) Level of Service SYSTEM CYCLE LENGTH (sec): 118 (60 - 180) LANES A B C D E WEIGHTED THRU MOVEMENT g/C: 0.46 (0~0 - 0.80) 1 N/A 0.88 0.98 1.00 1.00 2 N/A 0.92 0.99 1.00 1.00 3 N/A 0.93 1.00 1.00 1.00 4 N/A 0.93 1.00 1.00 1.00 '"-- .TRAN- AGENDA ITEM No. JUN 0 8 1999 ROUTE-SPECIFIC SEGMENT 23 TABLE 1-23 - ART-TAB Version 2.0 Arterial Level of Serwce Volume Tables Based on Chapter 11 of t~e 1994 Highway Cal:~acity Manual Update Florida Department of Transportation AuRust 1995 D~SCRIPTION ~ HOUR PEAK DIRECTION VOLUME (Inc~,__.,C~_! vehic~ in exclu,~/e turn lar~) ROAD NAME: Isle of Capri 1 Inters~tions oar mite From: US 41 To: Manate~ Road Level of Service =EAK >>>>>>>>>> PEAK DIRECTION: NB I.~ES A B C D E Study Time Period: PM PEAK 1 N/A 940 1,060 1,060 1,060 Anatysis Da~: 1997 conditions 2 N/A 1,960 2,120 2,120 2,1201 Number of Lanes: 3 N/A 3,000 3,190 3,190 3,1901 AADT: 4 N/A 4,060 4,250 4,250 User Notes: Free flow speed = ~ (45 used) Segment length = 1.1 {1 used) PEAK HOUR VOLUME (BOTH DIRECTIONS) (Inck_.'c'~__. vehk:l~ in exclu=~Ve turn lane.s) ~'RAFFIC CHARACTERISTICS I Intemeclions =er mile --Range-.-- ' K FACTOR: 0.097 (0.06 - 0.20) Level of Semite D FACTOR: 0.S2g (0.50 - 1.00) L.~NF.S A B C D E PHF: 0.~0 (0.70- 1.00} 2 N/A 1,770 2,010 2,010 2,010i ADJ. SATURATION FLOVt/RATE: 1,~ (1400 - 2000) 4 N/A 3,710 4,020 4,020 4,0201 % TURNS FROM EXCLUSIVE LANES: 4~ (0 - 100) 6 N~A 5,680 6,030 6,030 6,030l 8 N/A 7,690 5,050 8.050 8,050 I I~OADWAY CHARACTERI~TIC.~ AVERAGE ANNUAL DAILY TRAFFIC (AJM3'F) URBAN, TRANSITIONING, OR (IncJude.~ vet'~le~ in oxclu, s~e turn RURAL AREA TYPE: U (U, T, or R) I Intersections =er mile .... ARTERIAL CL.~SS: 1 (1,2, or 3) FREE FLOW SPEED (ml~): 4~ (45, 40, or 35) Levet of Sewice TOTAL LENGTH OF ARTERIAL. (rra~: 1 L.~,NES A B C D E MEDIAN~ (Y/N): Y 2 N/A 18,300 20,700 20,700 20,700 LEFT TURN BAYS (Y/N): Y 4 N/A 3~,200 41 500 41,5(10 41,500 SIGNALIZATION CHARACTERISTICS 8 N/A 79.300 82,900 82,900 82,900 NO. SIGNALIZED INTERSECTIONS: 1 N/A means ~ level of set'ce is not achlevaDte ARRIVAL TYPE, PEAK DIRECTION: 3 (1,2,3,4,5 or 6) I~ak Hc~r Peak Direction Through/Right vic Ratio for Full Hour TYPE SIGNAL SYSTEM: S (P, S, or A) (l=~P~'~fn'~, S=Sem,~ctuet~¢~, A=Actuete¢0 Level of Service SYSTEM CYCLE LENGTH (sec): 103 (60 - 180) L,~'I~s A B C D E WEIGHTED THRU MOVEMENT g/C: 0.31 (0.20 - 0,80) 1 N/A 0.~8 1.00 1.00 1.00' 2 N/A 0.92 1.00 1.00 1.00 $ N/A 0.94 1.00 1.00 1 4 N/A 0.96 1.00 1.00 1.00 TRAN- 19~' AGENDA ITEM .o. JUN O 8 1999 TABLE 1-24 ~-~,'o!~-' .~' ° ~'~'~ ~ "~ a;~ "'" 3 B 1999 TRAN_ 19 v ~ P~'--.-~ ~ TABLE 1-25 : I i i (.~ oi I ~o! i i ~ ~ ~ o'o o oi ~o o o oi i ~jo o o o, , ~ I ~ ~'. ~ ~ioooo ~ o ~1o o o o > ~oooo , ~1~oooo~ z~ oo 0 o~ ~ ~ E~ :~ ~ ~.~/~J/i -~ ""~~'~ ~ ~~ ~~'~ ~ 321999 ~RAN lgX ~ ROUTE-SPECIFiC SEGMENT 26 TABLE 1-26 ART-TAB Version 2.0 Arterial Level of Serv~ce Volume Tables Based on Chapter 11 of We 1994 Highway Capacrty Manual Update Florida Department of Transportation August 1995 PEAK HOUR PEAK DIRECTION VOLUME DESCRIPTION (Includes veh~las in exclu~We ~ lane, s) ROAD NAME: Pine Ridge Road 2. {ptersecfions Der mile From: US 41 To: Goodlette-Frank Road Level of Se~Ce ~ >>>>>>>>>> PEAK DIRECTION: EB L.WES A B C D E Stud~ Time Period: PM PEAK I N/A N/A 560 680 71C Analysis Date: 1997 conditions 2 N/A N/A 1,170 1,400 1,420 Number of Lanes: 3 N/A N/A 1,820 2,120 2,130 AADT: 4 N/A N/A 2,490 2,840 2,850 User Notes: PEAK HOUR VOLUME (BOTH DIRECTIONS) (Includes ~*l~cle~ in exclusive turn ~,AFFIC CHARACTERISTICS 2. Intersections Der mile --Range---- K FACTOR: 0.097 (0.06 - 0.20) Level of Service D FACTOR: 0.812 (050 - 1.0O) ~.~NES A B C D E PHF: 0.970 (0.70- 100) 2 N/A N/A 1,080 1,320 1,390i ADJ. SATURATION FLOW RATE: 1,860 (1400 - 2000) 4 N/A N/A 2290 2,730 2 780l % TURNS FROM EXCLUSIVE LANES: 9 (0 - 100) 6 N/A N/A 3.560 4.140 4,170 8 N/A N/A 4,860 5.5~0 5,560! ROADWAY CHARACTERISTICS AVERAGE ANNUAL DAILY TRAFFIC (A~I~T) URBAN, TRANSITIONING, OR (Inc!,__.c~___'~ ¥~l,~clas in exclu$iv~ turn RURAL AREA TYPE: U (U, T, or R) 2 Intersections Der mile ARTERIAL CLASS: 2 (1,2, or 3) FREE FLOW SPEED (mph): 3~ (40,35,30,25) Level of SerwDe TOTAL LENGTH OF ARTERIAL (mO: 0.8 LANES A B C D E MEEX.N~IS (Y/N): Y 2 N/A N/A 11200 13.600 14,300 LEFT TURN BAYS (Y/N): Y 4 N/A N/A 23,600 28,200 28,700 6 N/A N/A 36,700 42.700 43,000 ;IGNAL[ZATION C HAP~CTERISTiCS 8 N/A N/A 50,100 57.200 57,300 NO. SIGNAL[ZED INTERSECTIONS: 1 N/~ means l~e level of service is not achievable ARRIVAL TYPE, PEAK DIRECTION: 3 (1,2,3,4,5 or 6) Peak Hour Peak Direction Through/Right vic Ratio for Full Hour TYPE SIGNAL SYSTEM: S (P. S, or A) (P"~Pret~rnecl, S=Sem~Clu~ted, A=Actue~l~ Level of Service SYSTEM CYCLE LENGTH (sec): 142 (60 - 180) LANES A B C D E WEIGHTED THRU MOVEMENT g/C: 0.38 (0.20 - 0.80) 1 N/A N/A 0.78 0.95 1 2 N/A N/A 0.82 0.95 1.00 3 N/A N/A 0.85 0.99 1.00 4 N/A N/A 0.87 1.00 1.00 TRAN- 19y AGENDA ITEM .o. a 0 1999 ROUTE-SPECIFIC SEGMENT 27 TABLE 1- 2 7 _ ART-TAB Version 2.0 Arterial Level of Service Volume Tables Based on Chapter 11 of the 1994 Highway Capacity Manual Update Florida Department of Transportation August 1995 PF. AK HOUR PEAK DIRECTION VOLUME DESCRIPTION (InclucM~ vehicles m exclu, siv~ turn lane~) ROAD NAME: Pine Ridge Road 4 Intemeclions Der mile Frown: C~oo~le~-Frank Road To: Airl~rt Road Level cd Service :'F. AK >>>>>>>>>> PEAK DIRECTK)N: EB L.~£S A B C D E Study Time Pericx:l: PM PEAK 1 N/A N/A 200 &40 1,020 Analysis [:)~te: 1997 conditions 2 N/A N/A 410 1.770 2.070 Numbe~ cd Lanes: 3 N/A N/A 620 2,750 3,1301 AN)T: 4 N/A N/A 820 3,670 4,170 Us~ Noles: PEAK HOUR VOLUME (BOTH DIRECTIONS) (Includes vehicles in exclu=n,'e turn lane,*) TRAFFIC CHARACTERISTICS ~ Intersections oar mile --Range-- K FACTOR: 0.0~7 (0,06 - 0.20) Level cd Service D FACTOR: 0.~3 (0.50 - 1 .IX)) ~.~d~ES A B C D E I~IF: 0.~ (0,70- 1,00) 2 N/A N/A 380 1,570 1,910 ADJ, SATURATION FLOW RATE: 1,~ (1400 - 2000) 4 H/A N/A 770 3,320 3,~0 % TURNS FROM EXCLUSIVE LANES: 2S (0 - 100) 6 N/A N/A 1,160 5,1~) 5,870 8 N/A N/A 1,540 6,S~O 7,~0 I~OADWAY CHARACTERISTICS AVERAGE ANNUAL DAILY TRAFFIC URBAN, TRANSITIONING, OR (Inc#__,de_~_ vehicles m exclU..~ turn lanes) ~ RURAL AREA TYPE: U (U, T, ~' R) 4_ Irttef~ac'~s ~ mile ARTERIAL CZ.ASS: 2 (1, 2, o~ 3) FREE FLOW SPEED (m~h): 40 (40,39,2025) Le~I cd TOTAL LENGTH OF ARTERIAL (m~: 1.5 L~.,~£s A B C D E MEDLARS (Y/N): Y 2 N/A N/A 4,000 16,200 19,600 LEFT TURN BAYS (Y/N}: Y 4 N/A N/A 8,000 34,::K)0 6 N/A N/A 11,900 53,200 50,500 SIGNALIZATION CHARACTERISTICS 8 N/A N/A 15,900 70,900 50,700 NO. SIGNAL[ZED INTERSECTIONS: 8 N/A means I~e level of set--ce is no~ achievable ARRIVAL TYPE, PEAK DIRECTIOI~I: 4 (1,2,3,4,5 or 6) Peak Hour Peak Directio~ Throug~Right vic Ratio for Full Hour TYPE SIGNAL SYSTEM: S (P, S, or A) (P,.Pree'n'~d, S.SermeCtu~lm:t, A-Actuated) Level cd Service SYSTEM CYCLE LENGTH (sec): 140 (60 - 180) LANES A B C D E WEIGHTED THRU MOVEMENT g/C: 0.~ (0.20 - 0,~0) 1 N/A N/A 0.19 0.79 0.96 2 N/A NVA 0,19 0.84 3 N/A N/A 0.19 0.~6 0.9~ 4 N/A N/A 0.19 0.~ 0.9~ AGENDA ITEM JUN 0 8 1999 ROUTE-SPECIFIC SEGMENT 28 TABLE 1 - 2 8 - ART-TAB Version 2.0 Artenat Level of Service Volume Tables Based on Chapter 1 1 of Ge 1994 Highway Capacrty Manual Update Florida Department of Transportation August 1 ~ Di PEAK HOUR PEAK DIRECTION VOLUME RIPTION (Incl,__,c~__* veh~les in exclu~ve turn ROAD NAME:Pine Ridge Road 2.5 Intersections =er mile From: Aiq:)ort Road To: 675 Levet of Service ~ >>>>>>>>>> PEAK D~RECTION: EB L~N£S A B C D E Study Time Pem~l: PM PEAK 1 N/A 290 830 940 1,000 A~alysis Date: 1897 conclit]o~$ 2 N/A 590 1,740 1,920 2,030 Number of Lanes: :3 N/A 890 2,640 2,910 3,070 AADT: 4 N~A 1,190 $,520 3,870 User No~s: PEAK HOUR VOLUME (BOTH DIRECTIONS) (Inctc_~.~__~ ve~c~s in exclU.~,r~e turn lanes) FRAFFIC CHARACTERISTICS 2.5 intersections o~r mile K FACTOR: 0.0~7 (0.06 - 0.20) Level of ~ D FACTOR: 0,606 (0.50 - 1 00) L~NES A B C D E PHF: 0.890 (0.70 - 1.00) 2 N/A 480 1,370 1,500 1,650 ADJ. SATURATION FLOW RATE: 1,850 (1400 - 2000) 4 N/A 980 2,860 3,170 3,360 16 TURNS FROM EXCLUSIVE LANES: 15 (0 - 100) 6 N/A 1,480 4,350 4,790 5,060 8 N/A 1,970 5,810 6,390 6,750 ROADWAY CHAJ=.ACTERISTtC$ AVERAGE ANNUAL DAILY TRAFFIC (AADT) URBA~I, TRANSITIONING, OR (Inclodes veh~.les in exclUS~e turn lanes) RURAL AREA TYPE: T (U, T, ot R) 2.5 Intersect~ms =er mile ARTERtAL CLASS: 1 (1,2, o~ 3) FREE FLOW SPEED (mtn): 46 (55,50,45,40,35) Level of TOTAL LENGTH OF ARTERIAL (m~: 2 t.~£s A B C O E MEDIANS (Y/N): Y 2 N/A 5,000 14,100 16,000 17,000 LEFT TURN BAYS (Y/N): Y 4 N/A 10,100 29,500 32,700 34,600 6 N/A 15~00 44,900 49,400 52~200 SIGNALIZATION CHARACTERISTICS 8 N/A 20,300 59,900 65,900 69,600 NO. SIGNALIZED INTERSECTIONS: 8 N/A means the level of service is no~ achlevatile ARRIVAL TYPE, PEAK DIRECTION: 4 (1,2,3,4,5 or 6) Peak Hour Peak Directio~ Through/Right vic Ratio for Full Hour TYPE SIGNAL SYSTEM: S (P, S, or A) (P~Prebrr~cl, Sz Semlectuated, A aActu~teo') Level of S®rv~.e SYSTEM CYCLE LENGTH (sec): 110 (60 - 180) L.~ES A B C D E WEIGHTED THRU MOVEMENT g~: 0.49 (0.20 - 0.80) 1 N/A 0.27 0.78 0.88 0.94 2 N/A 0.28 0.81 0.90 0.95 3 N/A 0.28 0.82 0.91 0.96 4 N/A 028 0.82 0.91 0.96 AGENDA ITEM TRAN- 20a JUN 0 8 1999 ROUTE-SPECIFIC SEGMENT 29 TABLE 1 - 29 ART-TAB Version 2.0 Arteriat Level of Service Volume Tables Based o~ Chapter 11 of the 1994 Highway Capacrty Manual Update I Florida Department of Transportation Au;Just 1995 PEAK HOUR PEAK DIRECTION VOLUME DESCRIPTION (Includes vehicles m axclu.~ turn ROAD NAME: Pine Ridge Road 1.0344~ Intersections ~r mile From: 1-75 To: Isle of CaPri Level of Service =EAK >>>>>>>>>> PEN< DIRECTION: EB L.~IES A B C D E Study Time Period: PM PEAK 1 N/A 1,070 1,220 1.320 1,320 Ar~ly~is Date: 1997 conditions 2 N/A 2,220 2,490 2,640 2,640 Numb~ of lanes: 3 N/A 3,390 3,770 3,960 3,960 AADT: 4 N/A 4,570 5,060 5,290 5,290i User Notes: PEAK HOUR VOLUME (BOTH DIRECTIONS) (Include.'~ vah~/e,~ in exclusive turn lane,s) tRAFFIC CHAP, ACTERISTICS 1.03448~ Intersections ~er mile --Ran;= K FACTOR: 0.057 (0,06 - 0.20) Levat of Service D FACTOR: 0.$1g (0.50 - 1.00) t_~N£s A B C 0 E I=I-tF: 0.900 (0.70- 1.00) 2 N/A 1,730 1,970 2,130 2,130 ADJ. SATURATION FLOW RATE: 1,8~0 (1400. 2000) 4 N/A 3,5~0 4,030 4,270 4,270 % TURNS FROM EXCLUSIVE LANES: 44 (0 - 100) 6 N/A 5,470 6,100 6,400 6,400 8 N/A 7.390 8,170 8,540 8.540 ROADWAY CHARACTERISTICS AVERAGE ANNUAL DAILY TRAFFIC (AADT) URBAN, TRANSITIONING, OR (InclL_~e__· veh~le$ in excluS~'e turn RURAL AREA TYPE: T (U, T, o~ R) 1.0344&3 Intemecfions oar mile ARTERIAL CLASS: 1 (1,2, o~ 3) FREE FLOW SPEED (mph): 4~ (55,50,45,40,35) Level of Sewice I'OTAL LENGTH OF ARTERtAL (m~: 2.9 L,~ES A B C D E MEDIANS (Y/N): Y 2 N/A 17,~30 20,300 22,000 22,000 LEFT TURN BAYS (Y/N): Y 4 N/A 3E,900 41,500 44.000 44,000 6 N/A 5~,400 62,800 6~.950 SIGNALIZATION CHARACTERISTICS 8 N/A 76,200 84,200 88,000 8~,000 NO. SIGNAL[ZED INTERSECTIONS: 3 N/A means the level of serwce is not achievable ARRIVAL TYPE, PEAK DIRECTION: 3 (1.2,:3,4,5 or 6) Peak Hour Peak DIrection Through/Right vic Ratio for Full Hour TYPE SIGNAL SYSTEM: S (P. S, or A) (P'aPret~med, S=Sem/ectuate~cl, A-Actu~t~/) Level of Service SYSTEM CYCLE LENGTH (sec): 120 (60. 180) L,~NES A B C D E 1 N/A 0.81 0.92 1.00 1.00 WEIGHTED THRU MOVEMENT g/C: 0.4 (0.20 - 0.80) ~ 2 N/A 0.84 0.94 1 .(30 1.00 3 N/A 0.85 0.95 1.00 1.00 4 N/A 0.87 0.96 1.00 1.95 AGENDA ITF.~ TRAN- 2Ob JUN 0 8 1999 ROUTE-SPECIFIC SEGMENT 30 TABLE 1- 30 U2LN-TAB Version 1.1 Urban Two-Lane Uninterrupted Highway Level of Service Tables Based on the 1994 Highway Capacity Manual Update Florida Department of Tran portation August 1995 DESCRIPTION PEAK HOUR PEAK DIRECTION VOLUME A B C D ROAD NAME: Radio Road 290 510 730 1,020 1,460 DISTANCE (mi): 1.5 miles STUDY TIME PERIOD: PM PEAK PEAK HOUR VOLUME {BOTH DIRECTIONS) ANALYSIS DATE: 1997 conditions A B C D B NAME: 530 930 1,330 1,860 2,660i USER NOTES: Santa Barbara Boulevard to Davis Boulevard i AVERAGE ANNUAL DAILY TRAFFIC (AADT) [ A B C D TRAFFIC CHARACTERISTICS 5,500 9,600 13,700 19,200 27,500f ; J mRar~= K FACTOR: 0.097 (0.06 - 0.20) D FACTOR: 0.,~49 (0.50 - 1.00) PHF: 0.860 (0.70- 1.00) ONE-DIRECTION ADJUSTED SATURATION FLOW RATE: 1,700 (1300 - 2000) ROADWAY CHARACTERJSTICS Urban[Zed, Transitioning, or Rural Developed Area: T (U, T or R) POSTED SPEED LIMIT (mph): 45 (55,50,45,40,35) MEDIANS (Y/N): N LEFT TURN BAYS (Y/N): Y T.A.- ?0,: ^~,,~^,m.~ .o./~'~_)// JUN 0 8 1999 ROUTE-SPECIFiC SEGMENT 31 TABLE 1-31- ART-TAB Version 2.0 Arterial Level of Serv~-.e Volume Tables Based o~ Chapter 11 of the 1994 Highway Capac~'y Manual Update Florida Department of Transportation August 1995 PEAK HOUR PEAK DIRECTION VOLUME DESCRIPTION (Irmk-*,l~-$ ~et-~cles in exclusrVe turn ler~s) ROAD NAME: Santa Barbara Boulevard 0.740741 Intmsecflons =er mile From: Pine Ridge Road To: Golden Gate Parkway Levet Of service PEAK >>>>>>>>>> PEAK DIRECTION: NB I..~NES A B C D E Study Time Pm'kx]: PM PEAK 1 N/A 750 970 1,020 1,020 Analysis Date: lgg7 conditions 2 N/A 1,580 1,980 2,050 2,050 Number af I.arms: 3 N/A 2,4~0 3,010 3,070 3,070 AADT: 4 N/A 3,370 4,030 4,100 4,100 PEAK HOUR VOLUME (BOTH DIRECTIONS) (Inclua~s ve~,cles m excl~ turn lane~) TRAFFIC CHARACTERISTICS 0.740741 I~s ~er mile --Range.--.- K FACTOR: 0.0~7 (0.06 - 0.20) Level Of SerWce D FACTOR: 0.534 (0.50 - 1,00) U~NES A B C D E Pr-IF: 0.920 (0.70 - 1.00) 2 N/A 1,400 1,810 1,920 1,920 ADJ. SATURATION FLOW RATE: 1,8E0 (1400 - 20(X)) 4 N/A 2,970 3,720 3,840 3,840 % TURNS FROM EXCLUSIVE. LANES: 44 t0 - 100) 6 N/A 4.610 5,630 5,750 5,750 8 N/A 6,320 7,550 7,670 7,670 ROADWAY CHARACTERISTICS AVERAGE ANNUAL DALLY TRAFFIC (AADT) URBAN, TRANSITIONING, OR (Inctua~s ~ RURAL AREA TYPE: U (U, T, or R) 0.740741 ' ' ARTERIAL CLASS: 1 (1,2, or 3) FREE FLOW SPEED (ml~): TOTAL LENGTH OF ARTERtAL (m~: 2.7 L.~NES A B C D E MEDIANS (Y/N): Y 2 N/A 14,400 18,700 19,800 19,800 LEFT TURN BAYS (Y/N): Y 4 N/A 30,~00 38,3(X) 39,500 3~,500 6 N/A 47,500 58,100 5~,300 5~.300 iIGNALIZATION CHARACTERISTICS 8 N/A 65,100 77,800 79,100 79,100 NO. SIGNAL/ZED INTERSECTIONS: 2 ~'A means the level Of servme is not achievable ARRIVAL TYPE, PEAK DIRECTION: 3 (1,2.3,4,5 or 6) ;~eak Hour Peak DIrection Through/Right vic Ratio for Full Hour TYPE SIGNAL SYSTEM: S (P, S, or A) (F~Pm~med, $=Sem~lctualed, A=Ac~uateo7 Levet of Service SYSTEM CYCLE LENGTH (sec): 145 (60 - 150) L,%N£S A B C D E WEIGHTED THRU MOVEMENT g/C: 0.31 (0.20 - 0.50) 1 N/A 0.73 095 1,00 1.00 2 N/A 0.77 0.97 1.00 1.00 3 N/A 0,50 0.98 1.00 1.00 4 N/A o.r~ 0.98 1.00 1 .IX) TRAN- 20d AGENDA ITEM No. JUN 0 8 1999 p~. ,.3.9' ROUTE-SPECIFIC SEGMENT 32 TABLE ART-TAB Version 2.0 Arterial Level of Serwce Volume Tables Based on Chapter 11 of t~e 1994 Highway Capac~ Manual Update Florida Department of Transportation August 1995 PEAK HOUR PEAK DIRECTION VOLUME DESCRIPTION (Incl~31e$ veb/c/~s in exclL~ve turn ROAD NAME: Santa Barbara Boulevard 0.769231 Intersectiofls ~er mile From: Golden Gate Parl<way To: Radio Road Level of Service :~EAK >>>>>>>>>> PEAK DIRECTION: NB I.~ES A B C D E St~ly Time Period: PM PEAK 1 N/A 620 940 1,030 1,030 Armly~s Date: 1997 cofldit~fls 2 N/A 1,320 1,920 2.060 2,060 Number of Lanes: 3 N/A 2.050 2.920 3,080 3,080 AADT: 4 N/A 2,7g0 3.920 4,110 4,1101 User Notes:Actual system cycle time leng~ is 210 seconds. PEAK HOUR VOLUME (BOTH DIRECTIONS) (includes vel'~.~ m exclu~tye turn TRAFFIC CHARACTERISTICS 0.769231 Intersect~ofls ~er mile K FACTOR: 0.097 (0.06 - 0.20) Level of Serw:e D FACTOR: 0.~92 (0.50 - 1.0(3) t. AN£S A B C D E PHF: 0.$10 (0.70- 1.00) 2 N/A 1,040 1,5~0 1,740 1.740 ADJ. SATURATIO4%I FLOW RATE: 1,860 (14430 - 2000) 4 N/A 2,240 3,250 3,470 3,470 % TURNS FROM EXCLUSIVE LANES: ~ l0 - 100) 6 N/A 3,4~0 4,930 5,210 5.210 8 N/A 4,710 6,620 6,~40 6,940 1~3A~WAY CHA,q~CTERISTIC~ AVERAGE ANNUAL DAILY TP~FFIC (AA~T) URBAA], TRA~SITIONING, OR (tncf£_*ch__*_ voh~lo~ in exclu,~,,e turn RURAL AREA TYPE: U (U, T, or R) ~ Intersec~s i~or mile ARTERIAL CLASS: I (1,2, or 3) FREE FLOW SPEED (mp~): 46 (45, 40. or 35) Lave4 of Service TOTAL LENGTH OF ARTERIAL (m~: 1.3 L~,NE$ A B C D E MEDIANS ~: Y 2 N/A 10,700 16.300 17,900 17,900 LEFT TURN BAYS (Y/N): Y 4 N/A 23,100 33,500 35,800 35,800 6 N/A 35,700 50,800 53,700 53,700 SIGNALIZATION CHARACTERISTICS 8 N/A 4~,500 68,300 71,600 71,6001 NO. SIGNALLZED INTERSECTIONS: 1 N/A means t~e level of service is no~ achleval:)le ARRIVAL TYPE. PF_AK DIRECTION: 3 (1,2,3,4.5 o~ 6) Peak Hour Peak Direction Through/Right vic Ratio for Full Hour TYPE SIGNAL SYSTEM: $ (P, S, or A) (/~/=Y~Srne~, $=Setmoctuef~d, A=Actuefu~ LeveJ of Service SYSTEM CYCLE LENGTH (sec): 180 (60 - 180) LANES A B C D E WEIGHTED THRU MOVEMENT g/C: 0.2S (0~'~0 * 0.80) 1 N/A 0.60 0.91 1.00 1.00 2 N/A 0.64 0.64 1.00 1.00 3 N/A 0.66 0.95 1.00 4 N/A 0.68 0.951.00 I AGENDA ITEM T~AN- 20e JUN 0 8 1999 ROUTE-SPECIF)C SEGMENT 33 TABLE 1 - 3 3 ART-TAB Version 2.0 Arterial Level of Service Volume Tables Based on Chapter 11 of the 1994 Highway Capacrcy Manual Upctate Florida Department of Transportation August 1995 PEAK HOUR PEAK DIRECTION VOLUME DESCRIPTION (Inc!,__,c~__. vehicles in exctu.,l~,e h. lm Mne~) ROAD NAME: Santa Barbara Boulevard I Intemect~)ns Der mile From: Radio Road To: Davis Boulevard LevM of Service · EAK >>>>>>>>>> PEAK DIRECTK:~: NB LANES A B C C) E Stu(Jy Time Peri(xt: PM PEAK 1 N/A ~ 630 690 690 Analysis Date: 1997 conditionl 2 N/A 710 1.320 1,380 1 Number of Lanes: 3 N/A 1,090 2.010 2,070 2,070 AADT: 4 N/A 1,470 2,6~0 2.760 2,760 User NMes: PEAK HOUR VOLUME (BOTH DIRECTIONS) (Include~ ~,~hiclex in exclU..,,h'e turn lane~) TRAFFIC CHARACTERISTICS ~. Intemecfions Der mile --Range-- K FACTOR: 0.067 (0.06 - 0.20) Level of sannce D FACTOR: 0.617 (0.50 - 1.00) LANES A B C D E PHF: 0.~60 (0.70 - 1.00) 2 N/A 660 1,220 1,340 1 ADJ. SATURATION FLOW RATE: 1,860 (1400 - 2000) 4 N/A 1,380 2,550 2.670 2,6701 % TURNS FROM EXCLUSIVE LANES: 17 (0 - 100) 6 N/A 2,110 3,8~0 4.010 4,010: 8 N/A 2,~.~ 5~10 5,350 5,3501 ROADWAY CHARACTERISTICS AVERAGE'ANNUAL D~dLY TRAFFIC (AADT) URBAJ',I. TR.ad~S~ING, OR (InclL_,c~_._ v~"~cle~ in exclU.1lve turn lira3) RUR.,~. AREA TYPE: U (U, T, (x R) I Intersections Der mile ARTERIAL C..I..a.SS: I (1,2, (~ 3) FREE FLOW SPEED (mph): 46 (45, 40, (~ 35) TOTAL LENGTH OF ARTERIAL (mO: 1 t.)J~£S A B C D E MEDIAN~ (Y/N): Y 2 N/A 6,900 12,600 13,800 13.800 LEF'T TURN BAYS (Y/N): Y 4 N/A 14~00 26.:~0 27,600 27,600 6 N/A 21,700 4X),0O0 41,300 41,300 SIGNALIZATION CHARACTERISTICS 8 N/A 29.200 53,700 55,100 55,100 NO. SIGNALLZED INTERSECTIONS: 1 N/A means t~e level of sen~ice is not achievable ARRIVAL TYPE, PEAK DIRECTION: 3 (1.2.3,4,5 or 6) Peak Hour Peak Direction Through/Right vic Ratio for Full Hour TYPE SIGNAL SYSTEM: S (P, S, or A) (P. Prebmed, S=SemtectualecJ, A=Actueted) Level of Servia SYSTEM CYCLE LENGTH (sec): 170 (60 - 180) LANES A B C D E ~ WEIGHTED THRU MOVEMENT g/C: 0.31 (0.20 - 0.80) 1 N/A 0.50 0.91 1.00 1.00~ 2 N/A 0.52 0.96 1.00 1.00 $ N/A 0.53 0.97 1.00 1.00 4 N/A 0.53 0.97 1.00 1.00 TRAN- 20£ AGENDA ITEM JUN 0 8 1999 pg._ ,~.~ _ TABLE 1-34 am'ooo TRAN- 20g ROUTE-SPECIFIC SEGMENT 35 TABLE 1 -3 5 ART-TAB Version 2.0 Arterial Level of SerVme Volume Tables Based on Chapter 11 of the 1994 Highway Capacity Manual Update Florida Department of Transportation Audi., ust 1995 iDE PEAK HOUR PEAK DIRECTION VOLUME SCRJPTION (Inc. A_~e__· vel'~le.~ in exctU,~ turn l~n~) ROAD NAME: US 41 1.7~4706 Intemac~ns ~er mile Fr~'n: Old LIS 41 To: Immokalee Road Level of EAK>>>>>>>>>> PEAK DIRECTION: NB [.~IES A B C D E Study Time Period:PM PEAK I N/A 8~0 940 1,010 1 A~aly~s Date: 1 ~7 condilio~a 2 N/A 1,700 1,940 2,060 2,170 Number of I.a~es: 3 N/A 2,~20 2.940 3,110 3.250 AADT: 4 N/A 3,4~0 3,910 4,150 4,330 Us~r No~s: Actual free flow speed is 50 mph PEAK HOUR VOLUME (BOTH DIRECTIONS) (Inclt_~__· ve~cle,~ m exclu,~ve turn TRAFFIC CHARACTERISTICS 1.764706 Intemecl~ms ~ar mile --Range--- K FACTOR: 0.097 (0.06 - 0.20) Level of Serwce D FACTOR: 0.~2 (0.50 - 1.00) L.~N£S A B C D E PHF: 0.8~ (0.70 - 1.00) 2 N/A 1,370 1,620 1,740 1 ADJ. SATURATION FLOW RATE: 1,880 (1400 - 2000) 4 N/A 2,910 3,340 3,540 3,720 % TURNS FROM F._XCLUSIVE LANES: 18 (0 - 100) 6 N/A 4,490 5,040 5,340 8 N/A 5,990 6,730 7,120 7,440 ROADWAY CHARACTER~TICS AVERAGE ANNUAL DALLY TRAFFIC (A~I~T) URBAN, TR~J~SITIONING. OR (If~J,__,:~_ *_ v~cle$ in exclu,~ve turn RURAL AREA TYPE: U (U, T, or R) 1.764706 Intamac'aons get mile ~. ARTERIAL C~: 1 (1,2, or 3) FREE FLOW SPEED (m~h): 4~ (45, 40, or 35) Le~l of tOTAL LENGTH O~ ARTERtN. (n~: 1 .? L~N~S A B C D E MEDIAN$ (Y/N): Y 2 N/A 14,100 16,700 18,000 19.2~0 LEFT TURN I~,YS (Y/N): Y 4 N/A 3~,000 34,400 3~,54:X3 6 N/A 4~,300 52,000 55,100 57,500 SIGNALIZATION CHARACTERJSTICS 8 N/A 61,800 6~,300 73,400 76,700 NO. SIGNAL[ZED INTERSECTIONS: 3 ~A means ~ level of service is not achievable ARRIVAL TYPE, PEAK DIRECTION: 4 (1.2,3,4,5 or 6) ~eak Hour Peak Dire~::0on Through/Right vic Ratio for Full Hour TYPE SIGNAL SYSTEM: S (P, S, or A) (P=P~med, SzSern~ctuated, A=Actuated) Level of Set'ce SYSTEM CYCLE LENGTH (sec): 100 (60 - 180) LANES A B C D E WEIGHTED THRU MOVEMENT g/C: 0.48 (0.20 - 0.80) 1 N/A 0.74 0.87 0.94 1.00 2 N/A 0.78 0.90 0.95 1.00~ 3 N/A 0.~0 0.90 0.95 1 4 N/A 0.80 0.80 0.~ 1 TRAN- 20h - AGENDA ITEM JUN 0 8 1999 ROUTE-,SPECIFICSEGMENT 36 TABLE 1-36 ART-TAB Version 2.0 Arterial Level of Service Volume Tables Based on Chapter 11 of the 1994 Highway Capacrty Manual UDdate Florida Department of Transportation August 1995 PEAK HOUR PEAK DIRECTION VOLUME DESCRIPTION (Incl,__c~_~_ vehicles in exclU-~Ve turn lane, s) ROAD NAME: US 41 1.071429 Intersections Der mile From: immokalee Road To: Gulf Pan Dm~ Level of Semite :~=AK >>>>>>>>>> PEAK DIRECTION: NB LANES A B C D E S~udy Time Period: PM PEAK 1 1,150 1.000 1.130 1,150 1.150 A~aly~s Date: 1~37 conditions 2 2.310 2,050 2,310 2,310 2,310 Number M Lanes: 3 3.460 3,120 3.460 3,4~0 3,460 AADT: 4 4.610 4,200 4.610 4.610 4.610, LIsM Not~s: The actual free flow speed is · 3 MPH. PEAK HOUR VOLUME (BOTH DIRECTIONS} (InclL_c~__, vehicles m exclU,~/e turn lanes) rRAFFIC CHARACTERISTICS 1.071429 Intemecfions Der mile --Range-- K FACTOR: 0.057 (0.06 - 0.20) Level cd Service D FACTOR: 0.523 (0.50 - 1.00) L.~NES A B C D E PHF: 0.560 (0.70 - 1.00) 2 2~10 1,900 2.170 2~10 2.210 ADJ. SATURATION FLC~V RATE: 1,8~0 (1400 - 2000) 4 4.410 3,920 4.410 4,410 4.410i % TURNS FROM EXCLUSIVE LANES: 15 (0 - 100) 6 6,620 5.960 6,620 6,820 6.620 8 8,820 8,030 8,820 8,820 8,820i ~OADWAY CHAI~AC?ERISTICS AVERAGE ANNUAL DAILY TRAFFIG (AADT) URBAN, TRANSITIONING. OR (Im:l,__,.d~__, vM'~clea Jn exclu, sh~ turn lane~) RURAL AREA TYPE: U (U, T, M R) 1.071429 I~ ~e~ mile ARTERIAL CI.a.SS: 1 (1,2, or 3) i FREE FLOW SPEED (mpa): 4~ (45, 40, m 353 Level cd S~-vice TOTAL LENGTH OF ARTERIAL (mi): 2.8 LANES A B C D E MEDIANS (Y/N): Y 2 22,700 19,600 22.300 22,700 22.700 ~ LEFT TURN BAYS (Y/N): Y 4 45.500 40,400 45,500 45,500 45,5001 6 68.200 61,500 68.200 68.200 68200' SIGNALIZATION CHARACTERISTICS 8 91.000 82,800 91.000 91.000 91,000 NO. SIGNAL[ZED INTERSECTIONS: 3 ARRIVAL TYPE, PEAK DIRECTION: 3 (1,2.3,4,5 or 6) ~ Peak Hour Peak Direction Through/Right vic Ratio for Full Hour TYPE SIGNAL SYSTEM: S (P. S. or A) (t~Prebrneci, SzSern~actuated, A=Actuell~l) Level of ServiCe SYSTEM CYCLE LENGTH (sec): 163 (60 - 180) ~! L,~£$ A B C D E WEIGHTED THRU MOVEMENT g/C: 0.63 (0.20 - 0.~0) i 1 1.00 0.8~ 0.9~ 1.00 1.00 2 1.00 0.89 1.00 1.00 1.00 3 1.00 0.90 1.00 1 .iX) 1.00, 4 1.00 0.51 1.00 1.00 1.00, AGENDA ITEM TRAN- 2 0 i No.~ JUN 0 8 1999 ROUTE-SPECIFIC SEGMENT 37 TABLE 1 - 3 7 ART-TAB Version 2.0 Arterial Level of Serwce Volume Tables Based on Chapter 11 of the 1994 Highway Capacity Manual Update Florida Department of Transportation August 1995 PEAK HOUR PEAK DIRECTION VOLUME DESCRIPTION (Inck_,,de_. veh~clea in excluaive turn lane.,/) ROAD NAME: US 41 2.439024 Intersections r)er mile From: Gulf Park Drive To: Golden Gate Parlnvay Level of Service frEAK >>>>>>>>>> 13E. AK DIRECTION: NB I..~£s A S C D E Study Time Period: PM PEAK 1 N/A N/A 750 970 1,070 Ahab/sis Date: 1997 conditions 2 N/A N/A 1,570 2.020 2.150 Number of Lanes: 3 N/A N/A 2,410 3,090 3.220 AADT: 4 N/A N/A 3,210 4,120 4.290 User Notes: PEAK HOUR VOLUME (BOTH DIRECTIONS) (Inclu4:~,s vel3icla, s in exclu..~ve turn lane, s) TR.adcFIC CHARACTERISTICS 2.439024 Intersections oar mile --Range--- K FACTOR: 0.097 (0.06.0.20) Level of Sennce D FACTOR: 0.919 (0.50 - 1.00) L~N£S A B C D E PHF: 0.~0 (0.70- 1.00) :2 N/A N/A 1,450 1,890 2.070 ADJ. SATURATION FLOW RATE: 1,8~0 (1400 - 20(X)) 4 N/A N/A 3,040 3,920 4,160 % TURNS FROM EXCLUSIVE LANES: 19 (0 - 100) 6 N/A N/A 4,6~0 5,990 6,240 8 N/A N/A 6,220 7,9G0 8,320 ROADWAY CHARACTERISTICS AVERAGE ANNUAL DAILY TRAFFIC (AADT) URBAN, TRANSITIONING, OR (Incls_,c~_._ vehicles m exclU. SW'e turn RURAL AREA TYPE: U (U, T. or R) 2.439024 Intersections ~er mile ~ ARTERIAL CLASS: 1 (1, 2, or 3) FREE FLOW SPEED (mph): 4~ (45, 40, or 35) Level of Service TOTAL LENGTH OF ARTERIAL (mi): 4.1 L~NES A B C D E MEDIANS (Y/N): Y 2 N/A N/A 14,900 19,500 21,300 LEFT TURN BAYS (Y/N): Y 4 N/A N/A 31,300 40,400 42,900 6 N/A N/A 4~,100 61,800 64,300 SIGNALIZATION CHARACTERISTICS 8 N/A N/A 64,100 82,400 85,~30 NO. SIGNALIZED INTERSECTIONS: 10 N/A means the level of serviCe is not achievable ARRIVAL TYPE, PF_AK DIRECTION: 4 (1,2.3,4,5 or 6) Peak Hour Peak Direction Through/Right vic Ratio for Full Hour TYPE SIGNAL SYSTEM: $ (P, S, or A) (P'=P,'~b,"ne~, $=SemleCtue~d, A =Actu~tl<~ Level of Service SYSTEM CYCLE LENGTH (sec): 150 (60 - 180) L.KNES A B C D E WEIGHTED THRU MOVEMENT G/C: 0.47 {0.20 - 0.80) 1 N/A N/A 0.70 0.91 0.99~ 2 N/A N/A 0.73 0.94 1.00 3 N/A N/A 0.75 0.96 1.00 4 N/A N/A 0.75 0.9~ 1.00 AGENDA ITEM JUN O 8 1999 TRAN- 20j pg. /7~ , ROUTE-SPECIFIC SEGMENT 38 TABLE 1 - 3 8_ ART-TAB Version 2.0 Artenal Level of Service Volume Tables Based on Chapter 11 of the 1994 Highway Capacity Manual Update Florida Department of Transportation Au.qust 1995 PEAK HOUR PEAK DIRECTION VOLUME DESCRIPTION (InctL_v.~_~_ v~htcle.s in excluSiVe turn lar~) ROAD NAME: US 41 2.5 Intersectiofls ~er mile From: Golden Gate Parkway To: 10~ Avenue North Levet of Service ~ >>>>>>>>>> PF_AK DIRECTION: SB L,~£s A B C D E Sludy Time Period: PM PEAK 1 N/A 890 1,120 1,220 1 240 A~alysis Date: 1997 conditions 2 N/A 1,880 2.:320 2,480 2.480 Numbe~ of Lanes: :3 N/A 2,900 $,550 3,720 3.720 AADT: 4 N/A 3,860 4,730 4,960 4,960 PEAK HOUR VOLUME (BOTH DIRECTIONS) (Irlclude~ veh~lea in exclu*~ve turn TRAFFIC CHARACTERISTICS 2.5 Intefsec*aons Der mile --Range---- K FACTOR: 0.097 (0.06 - 0.20) Level of Service D FACTOR: 0.510 (050 - 1.00) L.,~£S A B C D E PHF: 0.970 (0.70- 1.00) 2 N/A 1,740 2,200 2,400 2,430 ADJ. SATURATION FLOVV RATE: 1,860 (1400 - 2000) 4 N/A 3,690 4,550 4,~0 4,~0 % TURNS FROM EXCLUSlV~ LAJ~ES: 9 (0- 100) 6 N/A 5,680 6,950 7.290 7290 8 N/A 7,5~0 9,270 9,730 9,730 ROADWAY CHARACTEr. S AVERAGE ANNUAL DAILY TRAFFIC URBAN, TRANSmONING, OR (Incl,__,,39_._ vehicles in exclusive turn RURAL AREA TYPE: U (U, T, or R) 2.5 Intersec~ons Der mile ARTERIAL CLASS: 1 (1,2, or 3) FREE FLOW SPEED (mph): 46 (45, 40, or 35) Level of Se~,ice TOTAL LENGTH OF ARTERIAL (m~: 0.8 L,~NI~S A B C D E MEDIANS (Y/N): Y 2 N/A 18,000 22.700 24,700 25,100 LEFT TURN BAYS (Y;N): Y 4 I'UA 38,000 46,900 50.100 50,100 6 I'UA 5~,600 71,700 75200 75.20~ $1GNALtF..ATION CHARACTERISTICS 8 N/A 78,100 95,600 100.300 100,300 NO. SiGNAL[ZED INTERSECTIONS: 2 N/A means l~e level of service is not achievable ARRIVAL TYPE. PEAK DIRECTION: 4 (1,2,3,4,5 or 6) Peak Hour Peak Direction Through/Right vic Ratio for Full Hour TYPE SIGNAL SYSTEM: S (P, S, o~ A) ( P,.Prebrnecl, S =S em~aC tuemcl, A = Actueteo*) Level of Sewice SYSTEM CYCLE LENGTH (sec): 150 (60 - 180) t.~NES A B C D E 1 N/A 0.72 0.91 0.99 1.00 WEIGHTED THRU MOVEMENT g/C: 0.61 (0.20 - 0.80) I 2 N/A 0.76 0.94 1.00 1.001 3 N/A 0.78 0.95 1.00 1 4 N/A 0.78 0,95 1.00 1.00 TRAN- 20k AGENDA ~TEM JUN 0 8 1999 ROUTE-SPECIFICSEGMENT 39 TABLE 1-39 ART-TAB Version 2.0 Arterml Levet of ServCe Volume Tables Based on Chapter 11 of the 1994 Highway Capac~y Manual Update Florida Department of Transportation Au;Just 1995 PEAK HOUR PEAK DIRECTION VOLUME DESCRIPTION (InrJ,__,c~_ ._ vet',icM3 in exclU,Sh~e turn lane.t) ROAD NAME: US 41 3.~'~-'t~ Intemec'Dons Der mile From: 10Itt Avenue Nort~ To: CenlTal Avenue Level of Service ~EAK >>>>>>>>>> PF_A~ DIRECTION: $B t_~Es A B C D E Study Time Pem:K]: PM PEAK 1 N/A N/A 730 850 930~ Analysis Date: 1997 conditions 2 N/A N/A 1,530 1,770 1,500! Number of Lanes: 3 N/A N/A 2,370 2,680 AAJ:)T: 4 N/A N/A 3,160 3,570 User Noms: PEAK HCXJR VOLUME (BOTH DIRECTIONS) (Inck_,cJ.__~_ vet'dclaa in exclu..tn'e turn lane.l) TRAFFIC CHARACTERISTICS 3.333:33:3 Intemec'eons Der mile --Range--- K FACTOR: 0.097 (0.06 - 0.20) Level of ,Sennce D FACTOR: 0.640 (0.50 - 1.00) [.,~4Es A B C D E PHF: 0.930 (0.70 - 1.00) 2 N/A N/A 1,350 1,570 1,7301 ADJ. SATURATION FLOW RATE: 1,860 (1400. 2000) 4 N/A N/A 2,840 3,270 3,5101 % TURNS FROM EXCLUSIVE LANES: 7 (0 - 100) 6 N/A N/A 4,390 4,960 5,300, 6 N/A N/A 5,860 6,620 ROAI:WVAY CHARACTERISTICS AVERAGE ANNUAL DAILY TRAFFIC (AADT) URBAN, TRANSITIONING, OR (lllCAm~1 vehk:Ms in exclusive turn lane. s) .. RURAL AREA TYPE: U (U, T, or R) 3.333:333 Intemecfions Pet mile ARTERIAL CLASS: 2 (1,2, or 3) FREE FI.C~N SPEED (mph): 40 (40,33,3025) Level of SMYiC4 TOTAL LENGTH OF ARTERIAL (m~: 0.0 [.~NES A B C D E MEDIANS (Y/N): Y 2 N/A N/A 13,900 16.200 17,800 LEFT TURN BAYS (Y/N): Y 4 N/A N/A 29200 33,800 36~1:X) 6 N/A N/A 45,3CX:) 51 ~ 54,800 SIGNALIZATION CHARACTERISTICS 6 hl/A N/A 60,400 68,200 72,800 NO. SIGNALI7ED INTERSECTIONS: 3 N/A means the level of service is not achieval~le i ARRIVAL TYPE, PEAK DIRECTION: 4 (1,2,3,4,5 or 6) Peak Hour Peak Direcbon Through/Right vic Ratio for Full Hour : TYPE SIGNAL SYSTEM: S (P, S, or A) (F~Prebrned, S=Sem~CtuetecJ, A,,A. ctu~tecO Level M Service SYSTEM CYCLE LENGTH (sec): 130 (60 - 150) L~4ES A B C D E WEIGHTED THRU MOVEMENT G/C: 0,48 (0.20 - 0.50) 1 N/A N/A 0.76 0.89 0.98 2 N/A N/A 0.80 0.93 0.99 3 N/A N/A 0.83 0,94 1.00 4 N/A N/A 0.83 0.94 1.00 TRAN- 201 AGENDA ITEM JUN 0 8 1999 pg. ROUTE-SPECIFIC SEGMENT 40 TABLE 1-40 ART-TAB Version 2.0 Arterial Level of Servme Volume Tables on Chapter 11 of the 1994 Highway Capac~y Manual Update Based Florida Department of Transportation August 1995 SCRIPTION (Includes veh~cle~ in exclu~,,e turn ROAD NAME:US 41 5 Intersections Der mile From: Cen~'al Avenue To: "Four Corners" Level of Sen/ice JkK>>>>>>>>>> PEAK DIRECTION: SB LANES A B C D E ' Study Time Period: PM PEAK 1 N/A N/A 390 940 1,110 Analysis Date: 1597 condi'dons 2 N/A N/A 780 2.000 2.270~1 Numt)ef of Lanes: 3 N/A NVA 1,180 3,050 3,420 AADT: 4 N/A N/A 1,580 4,070 4,560 User Notes: PEAK HOUR VOLUME (BOTH DIRECTIONS) (includes vehicles in exclusive turn lane.s) TRAFFIC CHARACTERISTICS ~ Intersections Der mile ---RanG: K FACTOR: 0.097 (0.06 - 0~.0) Level of Serwce D FACTOR: 0.~ (0.50 - 1D0) LANES A B C D E PHF: 0.9~0 (0.70- 1.00) 2 N/A N/A 660 1,600 1 ADJ. SATURATION FLOW RATE: 1,~0 (1400 - 2000) 4 N/A N/A 1,330 3,400 3.850 % TURNS FROM EXCLUSIVE LANES: 1G {0 - 100) 6 N/A N/A 2,010 5,150 5,810 S N/A N/A 2,680 6,910 7,740 ROADWAY CHARACTERISTICS AVERAGE ANNUAL DALLY TRAFFIC (AADT) URBAN, TRANSITIONING OR (Includes vehicles in exclus~/e turn lanes) RURAL AREA TYPE: U (U, T, or R) ~. Intersections Der mile ARTERIAL CLASS: 2 (1,2, or 3) FREE FLOW SPEED (ml~): 30 (40,35,30~5) Level of Service TOTAL LENGTH OF ARTERIAL (mO: 0.4 LANES A B C D E MEDIANS (Y/N): Y 2 N/A N/A 6,800 16,500 19,400 LEFT TURN BAYS (Y/N): Y 4 N/A N/A 13,700 35,100 35,700 6 N/A N/A 20,700 53,400 59,900 SIGNALIZATION CHARACTERISTICS 8 N/A N/A 27,600 71,200 79,~00 NO. SIGNALIZED INTERSECTIONS: 2 NVA means t~e level of serwce is not achievable ARRIVAL TYPE. PEAK DIRECTION: 4 (1.2,3,4,5 o~ 6) Peak Hour Peak Direction Through/Right vic Ratio for Full Hour TYPE SIGNAL SYSTEM: S (P, S. or A) (P=Pmbmecl. S=Sem~,lctu~tecl, A.Actuated) Level of Service SYSTEM CYCLE LENGTH (~ec): 130 (60 - 180) LANES A B C D E WEIGHTED THRU MOVEMENT G/C: 0.53 (0.20 - 0.80) 1 N/A N/A 0.33 0.81 0.95 2 N/A N/A 0.34 0.86 0.97= 3 N/A N/A 0.34 0.87 0.9~ 4 N/A N/A 0.34 0.87 0.9~ TRAN- 20m AGENDA ITEM JUN 0 8 1999 I:'¢. ~ -- ROUTE-SPECIFIC SEGMENT 41 TABLE 1-41- ART-TAB Version 2.0 Arterial Levet of SerVes Volume Tables Based on Chapter 11 of the 1994 Highway Capacn'y Manual Ul~late Florida Department of Transportation August 1995 PEAK HOUR PEAK DIRECTION VOLUME DESCRIPTION (Inclucla.~ veh~la~ in exclusive turn lar~s) ROAD NAME: US 41 5 Intersecti<~s Der mile From: 'Four Comers' To: Goodlette-F~ank Road Level of Service ~ >>>>>>>>>> PEAK DIRECTION: EB LANES A B C D E Study Time Period: PM PEAK I N/A N/A N/A 660 870 Analysis Date: 1997 conditions 2 N/A N/A N/A 1,400 1,800 Numt~r of Lanes: 3 N/A N/A N/A 2.160 2,740 AADT: 4 N/A N/A N/A 2,880 3,650 User Notes: PEAK HQUR VOLUME (BOTH DIRECTIONS) (Include~ ver~laa in exclU-~ve turn lar~.s) TRAFFIC CHARACTERISTICS ~ Intersections ocr mile --Range--- K FACTOR: 0.097 (0.06 - 0.20) Level of D FACTOR: 0.64~ (0.50 - 1.00) La~£s A B C D E PH-IF: 0.920 (0.70- 1.00) 2 N/A N/A N/A 1,020 1 ,:340 ADJ. SATURATION FLOW RATE: 1,8~0 (1400. 2000) 4 N/A N/A N/A 2,160 2,7801 % TURNS FROM EXCLUSIVE LANES: 10 (0 - 100) 6 N/A N/A N/A 3.330 4,220 8 N/A N/A N/A 4.440 5,620 ROADWAY CHARACTERISTICS AVERAGE ANNUAL DALLY TRAFFIC (AADT) URBAN. TRANSITIONING, OR (include~ vehicle~ in exclUSive ~um lane=) E1 .-. RURAL AREA TYPE: U (U, T, or R) 5 Intersections Der mile ARTERIAL CLASS: 2 (1,2. ot 3) FREE FLOW SPEED (mph): 30 (40,35,30,25) Level of TOTAL LENGTH OF ARTERIAL (md: 0.4 LANES A B C O MEDLJ, NS (Y/N): Y 2 N/A N/A N/A 10.500 3 LEFT TURN I~AYS (Y/N): Y 4 N/A N/A N/A 22.300 26,6001 6 N/A N/A N/A 34,300 43,500' SlGNAL~.ATION CHARACTERISTICS 8 N/A N/A NVA 45,800 58,000 NO. SIGNALLZED INTERSECTIONS: 2 N/A means ~e level of service ~s not achievable ARRIVAL TYPE, PEAK DIRECTION: 4 (1,2,3,4,5 or 6) Peak Hour Peak Direction Through'Right vic Ratio for Full Hour TYPE SIGNAL SYSTEM: S (P, S. or A) (PaP~t~med. S= Semlactuatecl, A =Actuated) Level of Service SYSTEM CYCLE LENGTH (sec): 130 (60 - 150) L~ES A B C D E WEIGHTED THRU MOVEMENT g/C: 0.48 (0.20 - 0.50) 1 N/A N/A N/A 0.67 0.88 2 N/A N/A N/A 0.71 0~91 3 N/A N/A N/A 0.73 0.92 4 N/A N/A N/A 0.73 0.92 TRAN- 20n AGENDA ITEM JUN 0 8 1999 ROUTE-SPECIFIC SEGMENT 42 TABLE 1-42_ ART-TAB Version 2.0 Artenal Level of Service Volume Tables Based on Chapter 11 of ~e 1994 Highway Capacm/Manual Update Florida Department of Transportation Auqust 1995 PEAK HOUR PEAK DIRECTION VOLUME DESCRIPTION (InclucJe$ vehicles in excluSiVe turn latins) ROAD NAME: US 41 4 Intersections r3er mile From: Goodlette-Frank Road To: Davis Boulevard Level of Service ipEAK >>>>>>>>>> PEAK DIRECTION: EB ~_,~1£$ A B C D E Study Time Period: PM PEAK 1 N/A 450 1,260 1,3~0 1,470 Analysis Date: 1997 conditions 2 N/A 910 2.590 2,820 2,980 Numbe~ of Lanes: 3 N/A 1,370 3,940 4,260 4,470 AADT: 4 N/A 1,820 5,250 5,680 5,960 User Notes: PEAK HOUR VOLUME (BOTH DIRECTIONS) (Incl,__,de_._ vet~le~ in exclu~'e turn lanes) TRAFFIC CHARACTERISTICS 4_ Intemectmns r~r mile --RanG= K FACTOR: 0.097 (0.06 - 0~0) Level of Service D FACTOR: 0.641 (0.50 - 1.00) L-,~'~ES A B C D E PHF: 0.~40 (0.70- 1.00) 2 N/A 690 1,970 2,150 2,300 ADJ. SATURATION FLCNV RATE; 1,8~ (1400 - 2000) 4 N/A 1,410 4,040 4,400 4,6~0 % TURNS FROM EXCLUSIVE LANES: 18 l0 - 100) 6 N/A 2.130 6,140 6,640 $,970 8 N/A 2,840 8,190 8,860 9~90 ROADWAY CHARACTERISTICS AVERAGE ANNUAL DAILY TRAFFIC (AADT) URBAN, TR.a, NSITIONING, OR (Includes vehicles in exctu-~ve turn RURAL AREA TYPE: U (U, T, or R) 4 Intersections Der mile ARTERtAL. CLASS: 2 (1,2, or 3) FREE FLOW SPEED (mpt~): 30 (40,35,30,25) Level of Service TOTAL LENGTH Chc ARTERIAL (mi): 0.5 [-~.NES A B C D E MEDIANS (Y/N): Y 2 N/A 7,200 20,300 22.100 23,700 LEFT TURN E&AYS (Y/N): Y 4 N/A 14,600 41,6(X3 45,400 47,900 6 N/A 22,000 63,300 6~.500 71 ,~30 SIGNALIZATION CHARACTERISTICS 8 N/A 29,300 ~4,400 91.300 95,800 NO. SIGNALIZED INTERSECTIONS: 2 N/A means I~e level of service is not achievable ARRIVAL TYPE, PEAK DIRECTION: 4 (1,2,3,4,5 or 6) Peak Hour Peak DIrection Through/Right vic Ratio for Full Hour TYPE SIGNAL SYSTEM: S (P, S, or A) (F~Prebrned, S=Semiectueted, A =Aclu~t~ed) Level of Service SYSTEM CYCLE LENGTH (sec): 140 (60 - 180) '--~NES A B C D E WEIGHTED THRU MOVEMENT g/C: 0.66 (020 - 0.80) 1 N/A 0.30 0.85 0.92 0.99 2 N/A 0.30 0.87 0.95 1 .iX) 3 N/A 0.31 0.8,8 0.95 1.00 4 N/A 0.31 0.8~ 0.95 1.00 TRAN- 200 i j 3 3 1999 ROUTE-SPECIFIC SEGMENT 43 TABLE 1-43- ART-TAB Version 2.0 Arterial Level of Sen/Ce Volume Tables Based on Chapter 11 of t~e 1994 Highway Capacm/Manual Upclate Florida Department of Transportation August 1995 PEAK HOUR PEAK DIRECTION VOLUME DESCRIPTION (Incl,__~_._ veh~ie~ m ex¢lUS~e tun? lane~) ROAD NAME: US 41 2.307692 Intersections Der mile From: Oav~ Boulevard To:AJ/1x~t Road Level oi' Service :)EAK >>>>>>>>>> PEAK DIRECT'K:)N: Ela L~'~£s A B C D E Study Time Period: PM PEAK I N/A N/A 690 820 8601 Analysis Data: lgg7 conditions 2 N/A N/A 1,470 1 ,~0 1,710 Numt)M of Lanes: 3 N/A N/A 2,270 2,560 2.570 AADT: 4 N/A N/A 3,030 3,410 3,420 i User Notes: PEAK HOUR VOLUME (BOTH DIRECTIONS} (Incl,__~_~_ yah~cMs m exclu,1Ire turn lines) TRAFFIC CHARACTERISTICS 2.307692 Inters Der mile --Range--- K FACTOR: 0.0~7 (0.06 - 0.20) Level c~ Service D FACTOR: 0.~ (0.50 - 1.00) L.~£S A B C Pt-IF: 0,~0 (0.70- 1.00) 2 N/A N/A 1,160 1,370 1,4~0~ ADJ. SATURATION FLOW RATE: 1,86~ (1400 - 2000) 4 N~A N/A 2.470 % TURNS FROM EXCLUSN~ LANES: 7 (0- 100) 6 N~A N~A 3,~00 4,270 4~O 8 N/A N/A 5,070 5,700 5,720 ROADWAY CHARACTERISTICS AV~RAOE ANNUAL DAILY TI~AFFIC URBAN. TRANSmONING. OR (Inc)ud~ ~M1~cle~ in ex¢lu3~e turn lane~) ..~ RURAL AREA TYPE: U (U. T, or R) 2.:307~92 Intersec'dons Der mile ARTERIAL CLAS~: 1 (1,2, o~ 3) FREE FLOW SPEED (ml:~): 44) (45, 40, or 35) Level c~ Senm~ TOTAL LENGTH OF ARTERIAL (mO: 1.3 L~ES A B C D E MEDIANS (Y/N): Y 2 N/A N/A 11,900 14,100 14,700 LEFT TURN BAYS (Y/N): Y 4 N/A N/A 25,400 29,100 2~,500 I $ N/A N/A 39,200 44,100 44.200 i SIGNALIZATION CHARACTERISTICS 8 N/A N/A 52,300 58,700 59,0(30 NO. SIGNALIZED INTERSECTIONS: 3 N/A means the level of service is not achievaC)le ARRIVAL TYPE, PEAK DIRECTION: 4 (1,2.3,4,5 or 6) Peak Hour Peak Direction Through/~ight vic Ratio for Full Hour TYPE SIGNAL SYSTEM: S (P, S, or A) (P-P~ebrned, $,.SM'nmcf~tecl. AmActueted) Level o~ Serv~ce SYSTEM CYCLE LENGTH (sec): 111 (60 - 180) L,~N£S A B C D E WEIGHTED THRU MOVEMENT g/C: 0.43 (0.20 - 0.80) ~1 1 hl/A N/A 0.81 0.96 1 .(30, 2 N/A N/A 0.86 0.99 1.00 3 N/A N/A 0.89 1.00 1.00i 4 N/A N/A 0.~ 1.00 1.001 AC, EN~A ITEM TRAN- 20p No..//~?)// JUN 0 8 1999 ROUTE-SPECIFIC SEGMENT 44 TABLE 1-44- ART-TAB Version 2.0 Artenal Level of ServiCe Volume Tables Basecl on Chapter 11 of He 1994 Highway Capac~ Manual Upctate Florida Department of Transportation Au,qust 1995 ., PEAK HOUR PEAK DIRECTION VOLUME DESCRIPTION (Inck_,,:~_! vehicles in exclU,~,w~ turn lane~) ROAD NAME: US 41 2.35:2941 Intersec'dons oar mile From: Airport Road To: Rat]Jesnake Hammock Road Level of Service ~ >>>>>>>>>> PEA~ DIRECTION: EB L~ES A B C D E Study Time Period: PM PEAK 1 N/A N/A 800 960 1,010 Analys~ Date: lg$7 conditions 2 N/A N/A 1,670 1,980 2,020* Numl~er of Lanes: 3 N/A N/A 2,570 3,000 3,030 AADT: 4 N/A N/A 3,430 4,000 4,040 !! PEAK HOUR VOLUME (BOTH DIRECTIONS) (includes veh~laa in excl~ turn lane. s) RAFFIC CHARACTERISTICS 2.:352941 intersections Der mile --Range--- K FACTOR: 0.097 (0.06 - 0.20) Level cd Service D FACTOR: 0.5,98 (0.50 - 1.00) LANES A B C D E PHF: 0.980 (0.70 - 1 .{30) 2 N/A N/A 1,330 1,600 1 ADJ. SATURATION FLOW RATE: 1,850 (1400 - 2000) 4 N/A N/A 2,790 3,320 3,3701 % TURN,.% FROM EXCLUSIVE LANES: 12 k0 - 100) 6 N/A N/A 4,310 5,010 5,0601 8 N/A N/A 5,740 6,680 6,750' ROADWAY CHARACTERJSTIC$ AVERAGE ANNUAl. DAJLY TRAFFIC (,e~l~T) URBAN, TR,a2dSITIONING. OR (Includes veh~la~ in exclusive turn lanes) RUF~L AREA TYPE: U (U, T, or R) 2.352941 Inters Der mile ARTERIAL CLAS~: 1 (1,2, or 3) FREE FLOW SPEED (mpt~): 4~ (45, 40, or 35) Level of Service TOTAL LENGTH OF ARTERIAL (m~: 1.7 L.,~£S A B C D E MEDIANS (Y/N): Y 2 N/A N/A 13,800 16,500 17,400 LEF3' TURN BAYS (Y/N): Y 4 N/A N/A 28.800 34,200 34,800 6 N/A N/A 44,400 51,700 52200 ,IGNALIZATION CHARACTERISTICS 8 N/A N/A 59.200 68,900 69,600 NO. SIGNAL[ZED INTERSECTIONS: 4 N/--~ means U3e level of service ~s not achievaDte ARRIVAL TYPE, PEAK DIRECTION: 4 (1,2,3,4,5 or 6) Peak Hour Peak Direction Through/Right vic Ratio for Full Hour TYPE SIGNAL SYSTEM: S (P, S, or A) (F~PretJrn~cl, S=Sel, mectuatecl, A=Actuated) ! Level of $®rv~ce SYSTEM CYCLE LENGTH (sec): 144 (60 - 180) LANES A B C D E :1 WEIGHTED THRU MOVEMENT g/C: 0.~8 (0.20 - 0.80) 1 N/A N/A 0.79 0.95 1.00, 2 N/A N/A 0.83 0.98 1.00 3 N/A N/A 0.85 0.99 1.00 = 4 N/A N/A 0.85 0.99 1.00 AGENDA ITEM JUN 0 8 1999 TRAN- -20q TABLE 1-45 · ' Zi oiZ' ;0,~ Z ~ ~GE~A I~ TR~- 20r :t JU:,I S 8 lggg ROUTE-SPECIFiC SEGMENT 4~ TABLE 1-46 ART-TAB Version 2.0 Arterial Level of serwce Volume Tables Based on Chapter 11 of b~e 1994 Highway Capacrty Manual U;xJate Florida Department of Transportation Auqust 1995 PEAK HOUR PEAK DIRECTION VOLUME DESCRIPTION (Incl,__,de_. vehicles in exclUSiVe turn lanes) ROAD NAME: Vanderbilt Beach Road 1 25 Intersections ~er milq I, From: US 41 To: Ooodlette-Frank Rd. Level of Service ~ >>>>>>>>>> PEAK DIRECT1ON:W~ L.~£S A a C D Study Time Pehod: PM PEAK 1 N/A N/A 140 770 Ahab/sis Date: 1997 conditione 2 N/A N/A 280 1,610 1,81011 Number c~ Lane~: 3 N/A N/A 420 2.4~0 2,7201 AADT: 4 N/A N/A 560 3,330 3,620 User No~s: PEAK HOUR VOLUME (BOTH DIRECTIONS) (Incl,__.:~_s vehicles in exclu.~Ve turn lane, s) TRAFFIC CHARACTERISTICS 1.25 InterseclJons Der mile --Range--- K FACTOR: 0.097 (0.06 - 0.20) Level of Service D FACTOR: 0.E~0 (0.50 - 1.00) L.~N£S A B C D E PHF: 0.$10 (0.70- 1.00) 2 N/A N/A 250 1,400 1,620 ADJ. SATURATION FLOW' RATE: 1,8~0 (1400 - 2000) 4 N/A N/A 510 2,940 3,290~ % TURNS FROM EXCLUSIVE LANES: 51 (0 - 100) 6 N/A N/A 770 4,510 4,~10{ 8 N/A N/A 1,020 6.060 6,5~0t: ROADWAY CHARACTERISTICS AVERAGE ANNUAL DAILY TRAFFIC (AADT) URBAN, TRANSITIONING, OR (Include~ vehicles in exclusive turn lane~) RURAL AREA TYPE: T (U, T, or R) 125 Intersections Der mile ARTERIAL CLASS: I (1,2, or 3) FREE FLOW SPEED (mpa): 3~ (55,50,45,40,35') Level of SerWCe TOTAL LENGTH OF ARTERIAL (m~: 0.8 L~J~ES A B C D E MEENANS (Y/N): Y 2 N/A N/A 2,600 14,400 16,700 LEFT TURN BAYS (Y/N): Y 4 N/A N/A 5,300 30,300 34,000t 6 N/A N/A 7,900 46,500 51,000 SIGNALIZATION CHARACTERISTICS 8 N/A N/A 10,500 62,400 67,900 NO. SIGNAL[ZED INTERSECTIONS: I N/A means the lave{ of service ~s not achievable ARRIVAL TYPE, PEAK DIRECTION: 3 (1,2,3,4,5 or 6) Peak Hour Peak Direction Through/Right vic Ratio for Full Hour TYPE SIGNAL SYSTEM: S (P, S, orA) (P=Prebrr~d, S=Sen'~ectuatecl. A=Actue~e<t) Level of Service SYSTEM CYCLE LENGTH (sec): 163 (60- 180) L.~NES A B C D E WEIGHTED THRU MOVEMENT g/C: 0.24 (0.20 - 0.80) ,I ~ I N/A N/A O15 0.85 0.98 ~ 3 ./^ o. 6 0.91 :oot 4 ./^ o.16 1.ool AGENDA ITEM JUN 0 8 1999 TRAN- 20s ROUTE-SPECIFIC SEGMENT 47 TABLE 1-47 ART-TAB Version 2.0 Arterial Level of Service Volume Tables Based on Chapter 11 of the 1994 Highway Capacity Manual Update Florida Department of Transportation August 1995 PEAK HOUR PEAK DIRECTION VOLUME DESCRIPTION (Inclucias vehicle.s in exclusive turn lar~s) ROAD NAME: Vanderbilt Beech Road 0.833333 Intersec'do~s =er mile From: Goodlelte-Frank Road To: Airl:~t Road Level of service =F_AK >>>>>>>>>> PEAK DIRECTION: EB L.~ES A , B C D E Study Time Period:PM PEAK 1 '~[.190/ 1.040 1,190 1,190 1,190 A.qalysis Date: 1997 condition. 2 2~K) 2,190 2,:3~0 2,360 2,380 ~ Number of Lanes: 3 3,~'~ 3,370 3,570 3,570 3 570 AADT: 4 4.760 . 4.540 4.760 4,760 41760 lJ~r Notes: PEAK HOUR VOLUME (BOTH DIRECTIONS) (Inclt_~c~_~_ vet~clea in exclu~'e turn lanes) TRAFFIC CHARACTERISTICS 0.~ Intemecfions Der mile --Range--- K FACTOR: 0.087 (0.06 - 0.20) Level of Servtce D FACTOR: 0.S60 (0.50.1.00) LA~£S A B C D E , PI-IF: 0.g~0 (0.70- 1.00) 2 2,1:~~ 1,870 2,120 2,120 2,1201 ADJ. SATURATION FLOW RATE: 1,860 (1400 - 2000) 4 4p~50 3,910 4,250 4.250 4,250 % TURNS FROM EXCLUSIVE LANES: 58 (0 - 100) 6 1~,370 6,020 6,370 6,370 6,3701 8 //8.490' 8,110 8,490 8,490 8,490 ROADWAY CHARACTERISTICS AVERAGE ANNUAL. DAdLY TRAFFIC (AADT) URBAN, TRANSITIONING, OR (Inc#__,.d~_! vehicles in exclu, siv~ turn RURAL AREA TYPE: T (U, T, or R) 0.833333 Intersections ~e~ mile ARTERIAL CLASS: 1 (1,2, o~ 3) FREE FLOW SPEED (mph): 48 (55,50,45,40,35) Level of Servi~e TOTAL LENGTH OF ARTERIAL (mi): 1.2 LANES A B C D E MEDIANS (Y/N): Y 2 \;~1,900. 19~00 21,900 21,900 21,900 LEFT TURN BAYS (Y/N): Y 4 4~X) 40,300 43.800 43,800 43,800 SIGNALIZATION CHARACTERISTICS , 83,600 87,600 87,600 87,600 NO. SIGNAL[ZED INTERSECTIONS: 1 ARRIVAL. TYPE, PEAK DIRECTION: 3 (1,2,3,4,5 or 6) I=eak Hour Peak Direction Through/Right vic Ratio for Full Hour TYPE SIGNAL SYSTEM: $ (P, S, or A) (F~Pr~brrm<f, S.,Sernlectuated. A.Actuated) Level of ServiCe SYSTEM CYCLE LENGTH (sec): 100 (60 - 180) ~-~ES A B C D E WEIGHTED THRU MOVEMENT ~C: 0.27 (0.20 - 0.80) : 1 "1.0O/ 0.88 1.00 1.00 1.00 2 1",00 0.92 1.00 1.00 1.00 3 ~ 0.94 1.00 1.00 1.00 4 . 0.95 1.00 1.00 1 .IX) TRAN- 20t AGENDA ITF. J~ JUN 0 8 1999 P.. ROUTE-SPECIFIC SEGMENT 48 TABLE 1-48 ~ U2LN-TAB Version 1.1 Urban Two-Lane Uninterrupted Highway Level of Service Tables Based on the 1994 Highway Capacity Manual Upclate Florida Department of Transportation August 1995 DESCRIPTION PEAK HOUR PEAK DIRECTION VOLUME A B C D I= ROAD NAME:Vanderbtit Beach Road 390 610 830 1,100 1,460i DISTANCE (mi): 5.1 miles STUDY TIME PERIOD: PM PEAK PEAK HOUR VOLUME (BOTH DIRECTIONS) ANALYSIS DATE: 1997 conditions A B C D NAME: i~ 660 1,030 1,390 1,830 2,44011 USER NOTES: ,, AVERAGE ANNUAL DAILY TRAFFIC (AADT) A e C D E TRAFFIC CHARACTERISTICS 6,800 10,600 14,400 18,9OO 25,20o=,1 --Rancj= K FACTOR: 0.097 (0.06 - 0.20) D FACTOR: 0.598 (0.50- 1.00) PHF: 0.880 (0.70 - 1.00) ONE-DIRECTION ADJUSTED SATURATION FLOW RATE: 1,700 (1300 - 2000) ROADWAY CHARACTERISTICS Urbanized, Transifioning, or Rural Developed Area:T (U, T or R) POSTED SPEED LIMIT (mph): 55 (55,50.45,40,35) MEDIANS (Y/N): N LEFT TURN BAYS (Y/N): Y TRAN- 20u AGENDA ITEM JUN 0 8 1999 Pg. TABLE 1-49 ART-TAB Yersion 2.0 Arterial Level of Serv~e Volume T~bles Based on Chapter 11 of the 1994 Highway Capacrty Manual Update Florida Department of Transportation August 1995 ~ "PEAK HOUR PEAK DIRECTION VOLUME DESCRIPTION (Include~ vehicle~ in exclu~v~ turn tenet) ROAD NAME: Minor Arterial Road 1 II~tersectJons Der mile From: To: Level of serWce :~EAK >>>>>>>>>> PEAK DIRECTION: l..J~S A B C D E Study Time Period: PM PEAK 1 1,060 900 1,030 1.060 1,060 Analysis Date: 1997 condifione 2 2,110 1,870 2,100 2,110 2,110 Number of Lar4~: 3 3,170 2,870 3,170 3,170 3,170i AADT: 4 4,230 3,880 4,230 4.230 4,230i USM No~s: Generalized Service Volume '' I signal per mile "' PEAK HOUR VOLUME' (BOTH DIRECTIONS) (Incl._,de?_ veh~le~ in exclu$rye turn lane.I) TRAFFIC CHARACTERISTICS 1 Intersections Der mile K FACTOR: 0.0~7 (0.06 - 0.20) Level of Service D FACTOR: 0.5~0 (0.50 - 1 .DO) LANES A B C D E PHF: 0.~40 (0.70- 1 .DO) 2 1,890 1,610 1,830 1,880 1,890 ADJ. SATURATION FLOW' RATE: 1,880 (1400 - 2000) 4 3,7~0 3.350 3.750 3,7~0 3,780 % TURNS FROM EXCLUSIVE LANES: 30 (0 - 100) 6 5,660 5,120 5,660 5.1~0 5,660 8 7,550 6,930 7,55~ 7,550 7,550 ~OADWAY CHARACTERISTICS AVERAGE ANNUAL DAILY TRAFFIC URBAN, TRANSITIONING, OR (Includ~ vehicles in exclusiv~ turn lines) RURN. AREA TYPE: U (U, T, or R) 1 ' ' ARTERIAL C2,.ASS: t (1, 2, or 3) FREE FLOW SPEED (mph): 4~ (45, 40, or 35) Level of Service TOTAL LENGTH OF ARTERIAL (mi): 3 LANES A B C D E --~ MEDIANS (Y/N): Y 2 19,500 16,600 18,900 19,500 ,,~NALI7.ATION CHARACTERISTICS 8 77,800 71,400 77,800 77,800 77,800 NO. SIGNALIZED INTERSECTIONS: 3 ARRIVAL TYPE, PEAK DIRECTION: 3 (1,2,3,4,5 or 6) Peak Hour Peak Direction Through/Right vic Ratio for Full Hour TYPE SIGNAL SYSTEM: S (P, S, or A) (P=P~t~rr~¢l, $=Semiectuefecl, A=ActueI~IJ Level of Service SYSTEM CYCLE LENGTH (sec): 120 (60 - 180) LANES A B C D E , WEIGHTED THRU MOVEMENT g/C: 0.40 (0.20 - 0.80) 1 1.00 0.86 0.97 1.00 1.00' 2 1.00 0.89 0.99 1.00 1.00 3 1.00 0.90 1.00 1.00 1 .IX) 4 1 00 0.92 1.00 1.00 1 .DO TRAN- 21 AC, ENO~ JUN 0 8 1999 TABLE 1-50 ART-TAB Version 2.0 ' Arterial Level of Service Volume Tabtes Based on Chapter 11 of me 1994 Highway Capac~'y Manual Update Florida Department of Transportation Au,qust 1995 I PEAK HOUR PEAK DIRECTION VOLUME DESCRIPTION (Incluc~es veh~les m exclus~ve ~urn lanes) ROAD NAME: Minor Arterial Road 2 Intersections Der mile F~om: To: Level of ServiCe ~ >>>>>>>>>> PEAK DIRECTION: L.~NES A B C D E Study Time Pencx]: PM PEAK 1 N/A N/A 800 960 1.050 Analysis Date: 1997 condiflone 2 N/A N/A 1,700 2,000 2.110 Numtzef of Lanes: $ N/A N/A 2,640 3.030 3,170 AADT: 4 N/A N/A 3.590 4,060 4,230 User Notes: Generalized Service Volume '" 2 signals per mile -- PEAK HOUR VOLUME (BOTH DIRECTIONS) (Inc.I,__,c~_~_ radicles m exclus;ve turn lane=) TRAFFIC CHARACTERISTICS 2 Inter*~ons Der mile --Range--- K FACTOR: 0.097 (0.06.0.20) Level of Service D FACTOR: 0.560 (0.50 - 1.00) L~,N£S A B C D E PHF: 0.~40 (0.70 - 1.00} 2 N/A N/A 1,430 1.720 1,8801 ADJ. SATURATION FLOW RATE: 1,8~0 (1400 - 2000) 4 N/A N/A 3,030 3,570 3,7801 % TURNS FROM EXCLUSIVE LANES: 30 (0 - 100) 6 N/A N/A 4,720 5,410 5,660i 8 N/A N/A 6,410 7,250 7,550 ROADWAY CHARACTERISTICS AVERAGE ANNUAL DALLY TRAFFIC (AADT) URBAN, TRANSFTIONING, OR (Incl,__*d~_~_ veh~le.s in exclusive turn lar, e~) RURAL AREA TYPE: U (U, T, or R) Z ' ' ARTERIAL CLASS: 1 (1,2, or 3) FREE FLOW SPEED (mptt): 46 (45, 40, or 35) Level of Serv~.,e TOTAL LENGTH OF ARTERIAL (m0: 3 L,~ES A B C D E M~ (Y/N~: Y 2 N/A N/A 14,800 17.700 19,400 LEFT TURN BAYS (Y/N): Y 4 N/A N/A 31,3(X) :36.800 38,g00 6 NiA hUA 48,600 55,800 55,400 SIGNALIZATION CHARACTERISTICS 8 N/A N/A 66,100 74,800 77,800 NO. SIGNALIZED INTERSECTIONS: 6 N/A means Itm level of seance is not achievable ARRIVAL TYPE, PF_AK DIRECTION: 3 (1,2.3,4,5 or 6) Peak Hour Peak Direction Through/Right vic Ratio for Full Hour TYPE SIGNAL SYSTEM: S (P. S, or A) (l:~Prebrnecl, $=Sem~ectue~d, A=Actuated) Level of Service SYSTEM CYCLE LENGTH (sec): 120 (60. 160) L.~';ES A B C D E WEIGHTED THRU MOVEMENT g/C: 0.40 (0.20 - 0.80) 1 NVA N/A 0.76 0.91 0.99;I ' 2 N/A N/A 0.80 0.95 1 .tX) :3 N/A N/A 0.83 0.95 1.00 4 N/A N/A 0.85 0.96 1.00 TRAN- 2 la _ TABLE 1-51 ART-TAB Version 2.0 Arterial Level of Service Volume Tables Based on Chapte~ 11 of the 1994 Highway Cal~ac~y Manual UI3date Florida Department of Transportation Au,qust 1995 ~'EAK HOUR PEAK DIRECTION VOLUME DESCRIPTION (Includes veh~claa ~n exclusive turn lan~s) ROAD NAME: Minor Arterial Road :3 Intersecao~s =er mile From: To: Level of servtce =.AK >>>>>>>>>> PEAK DIRECTION: L~ES A B C D E Study Time Perkx]: PM PEAK I N/A N/A N/A 810 950 Aneh/~s Dat~: 1S97 conditio~e :2 N/A N/A N/A 1,710 1 Number of Lanes: 3 N/A N/A N/A 2,660 3,020 AADT: 4 N/A N/A N/A 3,600 4,040 Us~ No~s: Generalized Service Volume --" 3 li~rlall per mile "" PEAK HOUR VOLUME (BOTH DIRECTIONS) (Includea veh~cla.~ m exclU~tVe turn lanes) TRAFFIC CHARACTERISTICS ~. Intersections Der mile K FACTOR: 0.097 (0.06 - 0.20) Level of ServiCe D FACTOR: 0.~0 (0.50 - 1.00) L.~ES A B C D E PHF: 0.~40 (0.70 - 1.00) 2 N/A N/A N/A 1,440 1.700 ADJ. SATURATION FLOW RATE: 1,850 (1400 - 2000) 4 N/A N/A N/A 3,0~0 3,560 % TURNS FROM EXCLUSIVE lANES: 30 (0 - 100) 6 N/A N/A N/A 4,750 5,3~0 8 N/A N/A N/A 6,430 7,220 ROADWAY CHARACTERISTICS AVERAGE ANNUAL DALLY TRAFFIC (AADT) URBAN, TRANS~ING, OR (In¢l,__,c~_*_ ve~c~ in exclu.,.~ve turn lanes) RURAL AREA TYPE: U (U, T, or R) ;] Int~seclions ~ mile ARTERIAL CI. ASS: 1 (1,2, or 3) FREE FLOW SPEED (ml:~): 4~ (45, 40, or ~') Levet of Service TOTAL LENGTH OF ARTERIAL (mm'): 3 t. ANES A B C D E ~ MEDIANS (Y/N):Y 2 N/A N/A N/A 14,800 17,600 LEFT TURN BAYS (Y/N): Y 4 N/A N/A N/A 31,500 6 N/A N/A N/A 49,000 55.500 ,=~GNALtZ. ATION CHARACTERISTICS 6 N/A N/A N/A 66,300 74,400 NO. SIGNALIZED INTERSECTIONS: 9 N/A means ttte level of service is mX achievable ARRIVAL TYPE, PEAK DIRECTION: 3 (1,2.3,4,5 or 6) Peak Hour Peak Direction Through/Right vic Ratio for Full Ho~r TYPE SIGNAL SYSTEM: S (P, S, orA) (F~Pr~me~cl, S=Sem~ectu~tl~d, A =Actuated) Level of Serv~:e 1 SYSTEM CYCLE LENGTH (sec): 120 (60 - 180) L.,d~ES A B C D E WEIGHTED THRU MOVEMENT g/C: 0.40 (020 - 0.80) 1 N/A N/A N/A 0.76 0.90' 2 N/A N/A N/A 0.81 0.94 3 N/A N/A N/A 0.84 0.95 4 N/A N/A N/A 0.85 0.96 TRAN- 21 b AGENDA ITEM ARTGEN3.WK1 JUN 0 8 1999 TABLE 1-52 ART-TAB Version 2.0 Arterial Level of serwce Volume Tables Based on Chapter 11 of the 1994 Highway Capacity Manual Update Florida Department of Transportation Au.qust 1995 PEAK HOUR PEAK DIRECTION VOLUME DESCRIPTION (Inctu~e.~ vehicles in exclu.Srve turn lane. s) ROAD NAME: Collector Road 3_ Intersections {)er mile Frown: To: Leve4 of Service :'F. AK >>>>>>>>>> PEAK DIRECTION: L~NES A B C D E Study Time Period: PM PEAK 1 N/A 390 870 920 920 Analysis Date:l~g7 conditions 2 N/A 810 1,780 1 Numbe~ of Lanes: 3 N/A 1,230 2,700 2.750 2,750 AADT: 4 N/A 1,650 3,620 3.6~0 3,660 User Notes: Generalize<l Service Volume "1 ai~lnsl per mile "' PEAK HOUR VOLUME (BOTH DIRECTIONS) (Incl~__~J~_$ vei~cle,s in ex¢lu.~/l tu."n TI{AFFIC CHARACTERISTICS I Intersections ~er mile --Range-- K FACTOR: 0.{~7 (0.06 - 0.20) Level of Service D FACTOR: 0.560 (0.50 - 1.00) L.*J~ES A B C D E PHF: 0.~40 (0.70- 1.00) 2 N/A 6gO 1,550 1,630 1,6~0 ADJ. SATURATION FLOW RATE: 1,700 (1400 - 2000) 4 N/A 1,440 3,150 3,270 3~70 % TURNS FROM EXCLUSIVE LANES: 35 (0 - 100) 6 N/A 2,190 4,820 4,900 4,900 8 N/A 2.950 6,470 6.540 6,540 ROADWAY CHARACTERI$'rtc$ AVERAGE ANNUAL DAILY TRAFFIC (AADT} URB~I, TRANSmO~ING. OR (Ir~__.~__, yet'atica m exclu.uve turn lanes) RURAL AREA TYPE: U (U, T, o~ R) I I~ {)er mile ARTERIAL CLA.SS: 2 (1,2. o~ 3) FREE FLOW SPEED (ml~): 30 (40,:35,30~5) Level c~Service TOTAL LENGTH OF ARTERIAL (mO: 3 LA~ES A B C D E MED~ad~I~ (Y/N): Y 2 N/A 7,100 16,000 16.g00 16,900 LEFT TURN BAYS (Y/N): Y 4 N/A 14,800 32.~30 33.700 33,700 $IGNALIZA11ON CHAP. ACTERISTlCS 8 N/A 30,400 66.700 67.400 67,400 NO. SIGNA~ [7;D INTERSECTIONS: 3 N/A means It~ leve4 of serv~e is not ach~eveble ARRIVAL TYPE, PEAK DIRECTION: 3 (1.2.3,4.5 o~ 6) Peak Hour Peak Direction Through/Right vic. Ral~o for Full Hour TYPE SIGNAL SYSTEM: S (P, S, orA) (PzPrebrr~cl. S=Semlactue{~c/, A =Actuated) Level of Service SYSTEM CYCLE LENGTH (sec): 120 (60 - 180) L.~'~ES A lB C D E WEIGHTED THRU MOVEMENT g/C: 0.35 (0.20 - 0.80) 1 N/A 0.42 0.95 1.00 1.00 2 N/A 0.44 0.97 1.00 1.00 3 N/A 0.45 0.98 1.00 1.00 4 N/A 0.45 0.99 1.00 1.00 TRAN- 21c AGENDA ITE~. TABLE 1-53 ART-TAB Version 2.0 Arterial Level of servme Volume Tables Based on Chapter 11 of the 1994 Highway Capac~'y Manual Update Florida Department of Transportation August 1995 PEAK HOUR PEAK DIRECTION VOLUME DESCRIPTION (Incluc~e= veh~l~$ in exclusn/e turn lanes) ROAD NAME: Collector Road 2 Intersections Der mile From: To: Level of Service =EAK >>>>>>>>>> PEAK D~RECTION: L.*.NES A B C D E Study Time Perkxl: PM PEAK 1 N/A N/A 650 830 920 Analysis Date: 1997 condition. 2 N/A N/A 1,400 1,730 1,830 Number of Lanes: 3 N/A N/A 2,170 2,630 2,750 AADT: 4 N/A N/A 2,g60 3,530 3,660 User Notes: Generalized Service Volume ~ 2 signals per mile ~ PEAK HOUR VOLUME (BOTH DIRECTIONS) (Includes ,,~"~le~ in exclusive turn TR.~J=FIC CHARACTERISTICS ~. Intersections Der mile K FACTOR: 0.097 (0.06 - 0.20) Level of Service D FACTOR: 0.~0 (0.50 - 1.00) L.~NES A B C D E PHF: 0.~40 (0.70 - 1.00) 2 N/A N/A 1,160 1,490 1,630 ADJ. SATURATION FLOW RATE: 1,700 (1400 - 2000) 4 N/A N/A 2,510 3,100 3;270 % TURNS FROM EXCLUSIVE LANES: 3S (0. 100) 6 N/A N/A 3,870 4,700 4,900 8 N/A N/A 5;280 6,300 6,540 ROADWAY CHARACTERISTICS AVERAGE ANNUAL DALLY TRAFFIC (AADT) URBAN, TRANSrT1ONING, OR (/~m/udes ~c/e~ in exctusive btm RURAL AREA TYPE: U (U, T, (x R) 2 Inters Der mile ARTERIAL CLASS: 2 (1,2. o~ 3) FREE FLOW SP~ED (mph): 30 (40,35,30,25) Level of Service TQTAL LENGTH OF ARTERIAL (mi): 3 t.~N£s A B C D E MEDIANS (Y/N): Y 2 N/A N/A 12,000 15~300 18,g00 LEFT TURN BAYS (Y/N): Y 4 N/A N/A 25,~00 31~30 33,700 6 N/A bi/A 3~,900 48,400 50,800 ~eJ. IZATION CHARACTERISTICS 8 N/A N/A 54,500 64,900 67,400 NO. SIGNALIZED INTERSECTIONS: 9 N/A means the level of sen/me is not achievable ARRIVAL TYPE, PEAK DIRECTION: 3 (1,2.3,4,5 or 6) Peak Hour Peak Direction Through/Right vic RalJo for Full Hour TYPE SIGNAL SYSTEM: $ (P, S, or A) (P~Prebrned, S=Sernmctue~d. A=Actueted) Level of Service SYSTEM CYCLE LENGTH (sec): 120 (60- 180) L.~NES A B C D E ,~ WEIGHTED THRU MOVEMENT g/C: 0.38 (0.20 - 0.80) 1 N/A N/A 0.71 0.91 1.00 2 N/A N/A 0,77 0.95 1.00 3 N/A N/A 0.79 0.95 1.00 4 N/A N/A 0.81 096 1.00 TRAN- 21d AGENDA ITEM JUN 0 8 1999 TABLE 1-54 ART-TAB Version 2.0 A~cerial Level of ServiCe Volume Tables Basect on Chapter 11 of the 1994 Highway Capacd:y Manual Update Florida Department of Transportation August 1995 PEAK HOUR PEAK DIRECTION VOLUME DESCRIPTION (Inclu~e~ vel'~cle$ in exclu~n~ turn ROAD NAME: Collector Road :3 Intersections Der mile From: To: Level of Service ~ >>>>>>>>>> PEAK DIRECTION: L.~NES A B C D E Study Time Perkx~: PM PEAK 1 N/A N/A N/A 710 870 Analysis Data: 1997 conditions 2 N/A N/A N/A 1,530 1,780 Number of Lanes: 3 N/A N/A N/A 2,350 2,6~0 AADT: 4 N/A N/A N/A 3,170 3,610 User Notes: Generalize~d Service Volume -- 3 signals per mile "' PEAK HOUR VOLUME (BOTH DIRECTIONS) (InclL_,~e__~ vehicle~ in exclu~ve turn lane~) TRAFFIC CHARACTERISTICS ~. Intersections Der mile ---RanG= K FACTOR: 0.097 (0.06 - 0.20) Level of Service D FACTOR: 0.560 (0.50 - 1.00) ~*d~ES A B C D E Pt-iF: 0.~40 (0.70- 1.00) 2 N/A N/A N/A 1,280 1,550 ADJ. SATURATION FLOW RATE: 1,700 (1400 - 2000) 4 N/A N/A N/A 2,740 3,170! % TURNS FROM EXCLUSIVE lANES: 38 (0 - 100) 6 N/A N/A N/A 4,200 4,810i 8 N/A N~A bl/A 5,670 6,450' ROADWAY CHARACTERISTICS AVERAGE ANNUAL DAILY TRAFFIC (AADT) URBAN. TRANSITIONING. OR (Ir~.lude.s vehiclea in exclusive turn RURAL AREA TYPE: U (U, T, o~ R) :3 Intersactions Der mile ARTERIAL CLASS: 2 (1.2, or 3') FREE FLOW SPEED (mph): 30 (40,35,30,25) Level of Service TOTAL LENGTH OF ARTERIAL (mO: 3 L..~NES A B C D E MEDL'~IS (Y/N): Y 2 N/A N/A N/A 13,200 16,000 LEFT TURN B~YS (Y/N): Y 4 N/A N/A N/A 28,200 32,7(X) ! 6 N/A N/A N/A 43,300 49,6~0 SIGNALIZATION CHARACTERISTICS 8 N/A N/A N/A 58,400 58,500 NO. SIGNALIZED INTERSECTIONS: 9 N/A means the level of sennce is not achievable ARRIVAL TYPE, PEAK DIRECTION: 3 (1,2.3,4,5 or 6) Peak Hour Peak Direction Through/Right vic Ratio for Full Hour TYPE SIGNAL SYSTEM: S (P, S, or A) (P~Pr~brne~l. S=Serniectueted. A=Actue~cl) Level of Service SYSTEM CYCLE LENGTH (sec): 120 (60 - 180) [.~NES A B C D E WEIGHTED THRU MOVEMENT G/C: 0.35 (0.20 o 0.80) I N/A NIA N/A 0.78 0.95 2 N/A N/A N/A 0.84 0.97 3 N/A N/A N/A 0.86 0.98 4 N/A N/A N/A 0.87 0.99 TRAN- 21 e AGENDA ITEM JU, TABLE 1-55 O O O O O O OO~O O O O O O O O OO O O 000 O0000:00000000 O000 O O OOO O OOiOO O O OO O O OO OO ~ O O O O ~,~ ~ ~!~ ~ ~ ~ ~ ~ O O ~ ~ ~ ~ ~ e ~ oooooooo!oooooooooooo ~ ~ 00 O00000 ~ O00 000000 O0 z~ Soooo°°°°°°°°~l°°°~°°~°:°° - 0 c o :~~ ~ 0 JUN 0 8 1999 TABLE 1-55 (Continued) TABLE 1-56 FDOT's ANNUAL AVERAGE DALLY VOLUMES FOR NON-STATE ROADWAYS, MULTIPLE AND TWO LANE UNINTERRUPTED ARTERIALS (A) Multi Lane Rural Arterials (Signal Group B) MULTILANE, UNINTERRUPTED HIGHWAYS (less than 1 signalized intersection every 2 miles) 55 MPH POSTED SPEED Lanes/ Divided/ A lB Q D E Left Bays 4 Undivided/No Bays 15,300 23,200 30,200 37,200 46,400 4 Undivided/Bays 18,200 27,600 35,800 44,100 55,100 4 Divided/Bays 19,200 29,000 37,700 46,100 58,100 6 Divided/Bays 28,700 43,500 56,600 69,700 87,100 45 MPH POSTED SPEED Lanes/ Level of Service Left Bays 4 Undivided/No Bays -- 20,300 27,100 34,300 45,100 4 Undivided/Bays -- 24,100 32,100 40,700 53,600 4 Divided/Bays -- 25,400 33,800 42,900 56,400 6 Divided/Bays -- 38,100 50,800 34,300 84,600 TWO-LANE UNINTERRUPTED HIGHWAYS (less than 1 signalized intersection every 2 miles) 55 MPH POSTED SPEED Lanes/ Level of Service Divided/ A B ¢ D E Left Bays 2 Undivided/No Bays 4,500 7,900 11,300 15,800 22,600 2 Undivided/Bays 5,300 9,300 13,300 18,600 26,500 2 Divided/Bays 5,600 9,800 13,900 19,500 27,900 45 MPH POSTED SPEED Lanes/ Divided/ A** B Left Bays 2 Undivided/No Bays -- 6,600 9,700 14,200 21,100 2 Undivided/Bays -- 7,700 11,400 16,700 24,900 2 Divided/Bays -- 8,100 12,000 17,500 26,100 '*Level of Service cannot be achieved .... TRAN - 24 JUN 0 8 1999 TABLE 1-56 (Continued) FDOT's ANNUAL AVERAGE DALLY VOLUMES FOR NON-STATE ROADWAYS, MULTIPLE AND TWO LANE UNINTERRUPTED ARTERIALS (B) Two Lane Local Roads (Signal Group L) NON-STATE ROADWAYS MAJOR CITY/COUNTY ROADWAYS Lanes/ Level of Service Divided A** B** C D E 2 Undiv. 10,900 13,400 14,700 4 Div. 23,800 29,500 31,900 6 Div. - - 36,600 44,700 47,900 **Level of Service cannot be achieved. -- AC~.DQ3A m~ TRAN - 25 JUN D 8 1999 MAP TR-1AW EXISTING FACILITY TYPE WESTERN COLLIER COUNTY HENDRY CO. J'-'-"'""-'~2:_ 1'° COLLIER CO, EXISTING . URBANIZED r' SMALL URBAN ' LEE CO. CO. COLLIER COUNTY, FLORIDA ~ LE~:ND ~ :ou. zc~. ~ AGENDA ITEM MAP TR-1BW EXISTING NUMBER OF LANES WESTERN COLLIER COUNTY, FLORIDA HENDRY CO, r .........~ .......... ~0~C~R-'c-o .- ...... COLLIER CO. ' COLLIER COUNTY, FLORIDA LEGEND -- 2 LANES 4 LANES 6 LANES __ LIMITED ACCESS -- FACIU TY J~J INTERCHANGE ~ A~A~O~ ~AC,U~ES mi I I JillRAILROAD LIST OF TABLES/MAPS/FIGURES TABLE PAGE 1-1 Collier County Route-Specific Service Volumes TRAN-19 1-49 Collier County Generalized Service Volumes TRAN-21 1-55 Daily Service Volumes for State Roads in Collier TRAN-22 County prepared by FDOT, July 28, 1992 1-$6 FDOT's Annual Average Daily Volumes for Non-State TRAN-24 Roadways, Multiple and Two Lane Uninterrupted Arterials 2 Existing Unacceptable Conditions on County Roads TRAN-28 :3 Existing Unacceptable Conditions on State Roads TRAN-39 4 Collier County Transportation Planning Database TRAN-30 Capacity Analysis 5 Collier County Major Highway Network Future TRAN-41 Traffic Circulation Improvements- 1998-2002' LIST OF MAPS MAP TR-1AW Existing Facility Type TRAN-3 - Western Collier County TR-1AE Existing Facility Type TRAN-4 - Eastern Collier County TR-1BW Existing Number of Lanes TRAN-5 - Western Collier County TR-1 BE Existing Number of Lanes TRAN-6 - Eastern Collier County TR-lCW Existing Adopted Level of TRAN-7 of Service Standards - Western Collier County TR-1CE Existing Adopted Level of TRAN-8 Service Standards - Eastern Collier County TR-1DW Existing Levels of Service - Western Collier County TRAN-9 AGENDA ITEM TRAN- iii No.~ JUN 0 8 1999 &? ,., NAPLES (COLLIER COUNTY) METROPOLITAN PLANNING ORGANIZATION , ~, ~:~. , OEVI-LOPMENI SERVICE[$ CENTER i : h ] 5'" Suncom Mr. John J. Lawson, Ex~utiv¢ Dir~tor TECH of Collier County, Inc. 8OAnD or COUN~ COMMISSIONERS P,O. BOX 9409 Naples, ~g 33~ ] ~~~ RE: Urbanized and Small Urban ~ea Boundaries ~~~ Dear N~P[ FS C~XY COUNCIL Tills letter is in response to your letter of November 3, 1994 coacerning a ~nfirmation of the use of thc "u~anized ar~" and "small urban ar~a" maps with respect to FTA ~nd~ programs. I appreciate your fo~arding to me the applicable excepts from thc ~A Procedural Manual, which are right on point. FLORIDA DEPARTMENT Follo~ng the release of 1990 Census population figures, the Census o~ ~'~ANSPO~r~T~ON Bureau rele~ed a series of maps that desig~ted both "urbanized areas" (areas with a population of at least 50,~0), and "small urban areas" (a pla~ with a leas1 5,000 people not ~thin an urbanized area). Following the rdcase of these maps, the ~O was instructed by FDOT and FHWA to review thc boundaries and make recommcadati~ms of minor adjustmcnls to cnclos¢ "enclaves" and smooth out rough edges. In addition, it was impoRant to clearly show a bounda~ line on one side or the other of a roadway (and not show the linc on top of the road as is the practice of the Census Bur~u). This is done to cl~rly place the roadway either inside or outside of the urban or urbanized area. The modified boundaries are referred to ~ the "adjusted" urban or urbanized boundaries. The map of the Grater Naples Area that Nick and I review~ several days ago reflects the official "~j~sted urbanized area" bounda~. In addition to approving the adjusted urbanized area bounda~ for Ihe Naples area, Ihe MPO also approved "small urban area" boundaries for Marco Island and Immokal~. AGENDA ITEId .~_ ,//~,~// JUN 0 8 1999 pg._ Alter reading the F-fA procedure, it is clear to mc that the use of FTA "rural" program (Section 18) fi~nds are to be guided by only the adjusted urbanized area boundary, and not the small urban area boundaries, The operative text reads as follows: "The terms 'nonurlmmzed arec~v' and 'rural and.s;nall urban areas' are used synonymously to mean any area outside an urbanized area, as. desig.ated by the Bureau of the Census. An urbanized area consists of a core area and surrounding densely populaled area with a total population of 50, 000 or more, with boundaries fixed by the Bureau of the Census or e~ctemled b2d state and local o~Lcials. " (emphasis added) The Past phrase "or extended by?ate an.d loc'al o[ficia]..y" would appear to refer to the "adjusted" boundary approved by the MPO and FDOT. Although Immokalee is officially designated as a small urban area, it is not within an "urbanized area" and therefore transit services are still eligible for Section 18 funds. I am by copy of this letter (with a copy of your letter of November 3, 1994 and FTA procedures) asking FDOT to review our understanding of the applicable regulations and to comment accordingly. If you have any further questions, pleas do not hesitate to call me. ...... . Sincerely, ~ '~ .....' leff6r:y--I-~ Pe~, AIC? MPO Coordinator CC: R.L. Lasseter John Starling Fran Thcberge Richard Shine &BF..NDA I1~ JUN 0 B 1999 BACKGROUND AND SUMMARY The Collier County Sheriff's Office and the Florida Highway Patrol reported a total of' 5,395 traffic crashes on the streets and highways of unincorporated Collier County in 1998 with 4,586 occurring within coastal Collier County, 549 in the Immokalee Area, 56 in the Everglades City area, and 204 in the City o£ Marco Island. The total number of crashes is up from 5,057 listed in 1997 There are nine (9) Coastal area intersections with over 50 reported crashes. Table 1 lists these 9 intersections, the number of reported crashes for each intersection and the intersection volume. There were 139 intersections recording ten or more crashes during the year, compared to 96 in 1997. (Table 2) Table 2 also lists crashes involving bikes or pedestrians. There were 25 fatalities listed at the time of the crash within Collier County,. Table 3 lists the location, date, time and if the fatality involved a pedestrian or bike. The most hazardous day of the week for 1998 was Friday with 818 reported crashes based on the annual statistics in the Coastal Area. The most hazardous hours o£ the day for the Coastal Area were between 7:00 AM and 8:00 PM with each hour reporting more than 165 crashes. The most ha?ardous hour was 3:00 - 4:00 PM with a total of 435 collisions. (Table 4, page 1) In the Immokalee area during 1998, Saturday, with 101 reported accidents, was the most hazardous day. The most hazardous hours were 6:00 AM to 10:00 PM with the number of collisions ranging between 16 & 47 each hour. The most hazardous hour was 4:00 o 5:00 PM with 47 collisions. (Table 4, page 2) In the Everglades City. Area during 1998, the most hazardous day was Monday with 13 crashes recorded for the year. The most hazardous hours were 6:00 AM to 12:00 PM with reported crashes ranging from 1 to 7 for each hour. The most hazardous hour was 4:00 -5:00 PM with 7 collisions. (Table 4, Page 3) In the City of Marco Island during 1998, Wednesday, with 38 reported accidents, was the most ha?ardous day. The most h'o?ardous hours were between 9:00 am and 6:00 PM with collisions ranging froml2 to 21 each hour. The most hazardous hour was 12:00 - 1:00 PM with 21 collisions. (Table 4, Page 4) NOTE: The above statistics do NOT include reports filed by the Naples Police Department. " AC.-kc. NDA I1T:.M JUN 0 8 1999 I 04/21/99 ...,/ AGENDA il'F_~ JUN 0 8 1999 pg. ?~7, c ~o= =o ~ m ._ JUN 0 8 1999 0 ~ §o~ o ~o ~'~ ~ ~ > ~ 0 ~ ~ 0 ~ o ~ ~ ~ o~o ..._ F/ o 1999 ~ o 1999 ooo , ~o= ~ ~ JUN 0 8 1999 0 oooooooooooo ooooooooooo 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CD 0 CD 0 0 AGE ~)~ k ITE. IG Ju~ u) 199S ,~~ JUN 0 B 1999 AGENDA ITEM JUN ~ P~- II II II II II II II II II II II II I1 II II II II II 000000 ~ O0 .0~ 0 000000 ~0~ ~ 0000000 ~ ~ ~o ~ ~ ~ ~ ....... ~, ~ . ...... ~ ~ .~ -~..~. ~ ~ ~ ~ m ~ , o ~0 o ~.~ JUN 0 8 ]999 oO O~ O0 ,. 0.. oo O0 0 0 o ~ ~ ~ ~ ~.. ,,. . ~ ,,, Z oon~ ~00~ O mmm~ o O~M ~ ~ oo~m ~o~ ,~ooo~ ~o~ ~ 0000o 00~o0 00~0 000000~ ~ 0 m ~ ~ oo oo o ooo ooo o - AGENDA ITEM JUN O 8 1999 ~ °°°~ ~ ~ ~ ffi oooo 0.00 ~ 0 ~ H ........... ~ ~ ~ ~ ~ ooooooooo~ oo~ooo~ oooo~ oooo oooooo~ oo~oo~ JUN ~ 8 19~9 O0 Pg..//~ (DO O0 O0 JUN 0 8 1°,999 000 oO oo Oo 0,~ 0 O0 oO i JUN 0 8 1999 J~N 13 8 1999 JUN 0 ~, ~°99 Pg. /~./ LEGENO -- "~- FREEWAy LANES ~ ~ Countywide Permanent Population 426,300 I~.ORIDA DEPARTMENq'DiS~T ~ ~SPORTATI~I A~A I~ j ~LE~[~ERCOU~ LONG ~ ~ ~ ~ R~Y~ ~ ~ H~AY N~ ~ ~.~o~.~~.,~ JUN 0 8 i~99 P~. /~ LEGEND : ~ FREEWAY LANES ~~C~ ~ES ~ ') .... Count~de P~nent Population 368,100 ~ OE~E~ OF ~A~ A~A I~ DIST~T 1 ~LE~OLLIER CO~ ~Y~E E ~ ,~~.,<o~ JUN 0 ~ ~gB9 LEGEND ' ~ ~ ~'~~ .... Count,~ide Pe~anent Population 275,700 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE EXCAVATION PERMIT NO. 59.696 J & D GRADING AND HAULING EXCAVATION LOCATED IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 25 EAST: BOUNDED ON THE NORTH BY VACANT LOT, ON THE EAST BY VACANT LOT, ON THE SOUTH BY 56x" AVENUE NE R/W AND ON THE WEST BY CANAL R/W. OBJECTIVE: To issue Excavation Permit No. 59.696 for the J & D Grading and Hauling Excavation in accordance with County Ordinance No. 91-102 as amended, Division 3.5. CONSIDERATIONS: The petitioner proposes to obtain a commercial excavation permit to allow fill material totaling 72,912 C.Y. to be hauled off-site. FISCAL. IMPACT: The fiscal impact to the County is none. The County will realize revenues as follows: Fund: 113 Community Development Fund Agency: County Manager Cost Center 138900 - Development Services Revenue generated by this project Total $4,533.00 The breakdown is as follows: a) Excavation Review Fee - $ 850.00 b) Excavation Permit Fee - $ 277.00 c) Road Impact Fee - $ 3,406.00 GROWTH MANAGEMENT IMPACT: None.' RECOMMENDATION: That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.696 for the J & D Grading and Hauling Excavation with the following stipulations: 1. The excavation shall be limited to a bottom elevation of 20 ft. below top of bank. All distributed areas proposed for lake excavation shall be excavated to a minimum depth of 6' below the dry_ season water table. 2. Off-site removal of material shall be limited to 72,912 C.Y. and shall be subject to "Standard Conditions" imposed by the Transportation Services Division in document dated 5/24/88 (copy attached). 3. The lake littoral zone shall be created and planted as indicated on the Plan of Record. ~AGEND~, ITEM 4. In order to ensure a minimum eighty percent (80%) coverage of littoral ;one l~i~.tmg areas, a performance guarantee, based on a cost estimate to replace the original installed' littOral .zone plants, will be required upon completion and acceptance of the excavatio (Lan~l~ev..e~p~ 3.5.7.2.5). No Certificates of Occupancy xx'ill be issued until this performance guarantee is A submitted. All provisions of Collier County Ordinance No. 91-102, Division 3.5 shall be adhered to. 6. Where groundwater is proposed to be pumped during the excavating operation, A Dewatering Permit shall be obtained from the South Florida Water Management District, and a copy provided to Engineering Review Services for approval prior to the commencement of any dewatering activity on the site. 7. No blasting will be permitted unless issued a separate permit by Collier County Engineering Review Services. 8. If trees are to be removed as a result of the excavating operation, a Vegetation Removal Permit, is required by Land Development Code, Division 3.9 shall be obtained from Collier County Planning & Technical Services before work shall commence. 9. Stockpile side slope shall be at a maximum of4:l unless fencing is installed around the entire perimeter of the stockpile area. 10. Any stockpile in place for a period exceeding 60 days shall be seeded and mulched and erosion control devices installed 11. Limit 'of operation shall be two years. PRE'PAREI~Y: / __/ , sT~H~ ~k~., sE~OR ENGINEER DATE ENGINEERING REVIEW REV~ TOM KUCK, P.E. DATE ENGINEERING REVIEW MANAGER LUERE, AICP DATE PLANNING SERVICES ~EPARTMENT DIRECTOR APPRo Y: /_ VINCENT A. CAUTERO, ADMINISTRATOR [ DA~E JUN 0 , Pg.~ COLLIER COUNTY TRANSPORTATION SERVICES "STANDARD CONDITIONS" EXCAVATION PERMIT APPLICATIONS INVOLVING OFF-SITE REMOVAL OF MATERIAL The intent of these "Standard Conditions" are to provide excavation permit applicants a summary of conditions which may affect their projects and which should be taken into consideration during all stages of project development: - 1. Haul routes between an excavation site and an arterial road shall be private with property owner(s) approval or be a public collector road built to standards applicable to handle the resulting truck traffic. Where residential areas front collector roads, appropriate mm lanes, buffer and bikepath shall be required as minimal site improvements and if recommended for approval, shall be so with the condition that the Transportation Services Administration reserves the right to suspend or prohibit off-site removal of excavated material should such - removal create a hazardous road condition or substantially deteriorate a road condition; such action by the Transportation Services Administration shall be subject to appeal before the Board of County Commissioners. 2. Haul routes utilizing public roads shall be subject to road maintenance and road repair or an appropriate fair share by the permittee in accordance with Excavation Ordinance No. 91-102 as amended Div. 3.5 and Right-of-Way Ordinance No. 93-64. 3. Off-site removal of excavated material shall be subject to Ordinance No. 92-22 (Road Impact Ordinance). A traffic and road impact analysis shall be made by the County to determine the effects that off-site removal of excavated material will have on the road system within the excavation project's zone of influence. If appropriate, road impact fees in accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation permit. 4. The Transportation Services Administration reserves the fight to establish emergency, weight limits on public roadways affected by the off-site removal of excavated material; the procedure for establishment of weight limits shall be the presentation of an applicable resolution before the Board of County Commissioners. Should weight limits be instituted, the permit-tee shall be responsible to implement measures to assure that all heaVY. truck loadings leaving the permit's property conform to the applicable weight restriction. 5. The Excavation Performance Guarantee shall apply to excavation operations and also the maintenance/repair of public roads in accordance with current ordinances and applicable permit stipulations. EXHIBIT "B' ~°' ~ Page One of Two JUN 0 8 1999 '"" 6. Based on soil boring information per Ordinance No. 91-102 as amended, a blasting permit may be appropriate. Should a blasting permit application be submitted and should residential areas exist within one mile of the excavation site, the County reserves the right to deny a blasting permit based on concerns for off-site impacts from blasting at an excavation site. Should a blasting permit be considered and approved, the minimum conditions of approval in addition to conditions per Ordinance No. 91-102 as amended are as follows: A. Structure inventory/monitoring and applicable property owner release as required by the Development Services Director. B. Security bond applicable to private property damage acceptable to the County. C. Control of size/depth/number of charges per blast by the Development Services Director. D. The fight of the County to suspend and/or revoke blasting permit authority should it be determined that blasting activities are creating unacceptable off-site conditions either in terms of private property damage and/or related physical effects of blasting operations. 7. No excavation permit shall be issued until receipt of a release from the Transportation ~ Services Administration applicable to proper mitigation of off-site impacts, meeting of applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinance No. 91-102 as amended. Reference to letter of 5/24/88 Revised 1)i 3/98 No ,_~,..,~ ~ Page Two of Two JUN 0 8 1999 i Pg' '~ JUN 8 1999 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.687, "WHIPPOORWILL WOODS LAND TRUST COMMERCIAL EXCAVATION AND HOMESITE" LOCATED IN SECTION 22, TOWNSHIP 48, SOUTH, RANGE 28 EAST: BOUNDED ON THE NORTH, EAST, SOUTH, AND WEST BY VACANT LAND ZONED ESTATES, AND ALSO ON THE EAST BY DESOTO BOULEVARD, AND ON THE NORTH BY CR 858 AND THE WINCHESTER LAKE FILL PIT. OBJECTIVE: To issue an excavation permit to Whippoorwill Woods Land Trust for the project known as "Whippoorwill Woods Land Trust Commercial Excavation and Homesite" in accordance with County Ordinance No. 92-73, Division 3.5. CONSIDERATIONS: The Petitioner proposes to excavate one lake with a surface area of 3.48 acres + to a depth of 20 feet below original grade on a 6.5 Acre parcel. The resultant 86,000+/- C.Y. of fill will be used off site for house pad construction. Because the excavation is well under the 500,000 C.Y. criteria, EAC approval was not required. The duration of the excavation will be approximately one year. FISCAL IMPACT: The Community Development Fund, Development Services (11313890032940000000) has or will receive $1,166.00 in revenues broken out as follows: Application Fee $ 850.00 Permit Fee $ 316.00 $1166.00 TOTAL FEES A security in the amount of $25,000 must be posted prior to permit issuance. Road impact fees will be computed at the time of permit issuance, but are estimated to be about $27,000. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.687 to Whippoorwill Woods Land Trust for the project known as "Whippoo_rwill Woods Land Trust Commercial Excavation and Homesite" with the following stipulations: 1. The excavation shall be limited to a bottom elevation of 20 feet below existing grade. ~o ~_~/.~ 2. Off-site removal of material shall be subject to "Standard Conditions" i] ~posed by 'th6' Transportation Services Division in document dated 1/13/98 (copy attached). ~JUN 0 8 1999 '"-' 3. Where groundwater is proposed to be pumped during the excavating operation, a Dewatering Permit shall be obtained from the South Florida Water Management District, and a copy provided to Project Plan Review for approval prior to the commencement of any dewatering activity on the site. 4. No blasting will be permitted unless issued a separate permit by Collier County Project Plan Review. 5. The petitioner must apply for a Vegetation Removal Permit. Environmental Staff shall perform a site visit to determine the need for a Vegetation Removal Permit and to check for any listed species. No work shall be done prior to that site visit. 6. The lake littoral zone shall be created and planted as indicated on the Plan of Record. Location to be field determined. 7. No Excavation Permit shall be issued until all impact fees have been paid. PREPARED BY: STAN CHRZANOWSKI, P.E. DATE SENIOR ENGINEER TI-I~~ K~U~C~K,/~p .i. ENGINEERING REVIEW MANAGER ROBERT J. MULHERE, AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. 59.687 EX SUMMARY/SC/H/EAC Exec. Summ. dON 0 8 1999 U65 3 41ST A'/EtJUI: LE 97 112 113 1 24 25 40 41 56 57 72 73 88 89 10410512t1121 104105 128~j 15 17 32 33 48 49 64 65 80 81 96 97 112 113128 102107 124~ 12 19 30 55 46 5t 62 67 78 83 94 9911011512~ ~ W E 9 20 29 36 45 52 61 6~ 77 84 93 I~109 116125 I 7 ]SrHA'IEI4UIr ~9g 110 117 5 22 27 3B 43 54 59 70 75 86 91 102107 11812~ 98 111 11~11{ 4~4A 23 26 39 42 55 5a 71 74 87 90 1'03106119 ~22 COUNTY ROAD 858 ~ ~97 ~2~3~ ~ 24 25 40 4~ ~ 5772 73 88 89104105120121 9 12 29 32 49 52 69 72 89 92 109 147 103 106 125 13 18 51 34 47 50 63 66 79 82 g5 98 111 114127 7 14 27 ~ 47 54 67 74 87 94 107 118 i 143 102107 124 12 19 30 35 46 51 62 67 78 83 94 g9 11011512~ 6 15 26 35 ~ 55 66 75 86 95 106 119~ 142 122 10 U68 U67 10~10~ 120 8 21 28 ~7 44 53 60 69 76 85 92 10110a 117124 4 17 24 37 44 57 64 77 84 97 104 123 ~ 119 ~, 7 27TH AVENUE N. .. 124~ 137 118 6 125 ~ 136 9g 110 117 5 22 27 3S 4~ ~4 59 70 75 86 gl 102107118123 3 18 23 58 43 58 63 78 83 98103 126~ 155 9a 111 116 4 25 26 3g 42 55 58 71 74 87 90 103105119122 2 19 22 39 42 59 62 79 82 g9 102127~28 134 ~5 RANI)A.L B()U[.E~'AF'D~ 133 97 112 113 1 24 25 40 41 56 57 72 73 88 89 10410512~121 1 20 21 40 41 60 61 80 81 10C101129~3C 131 1~105 128 16 17 32 33 48 49 64 65 80 81 g6 97 11211312~ 8 9 24 25 40 41 56 57 72 73 ~ 89 120 ~oJECT: WHIPPOORWILL DESOTO PIT 538 9th AVENUE SOUTH ~ T~C~ 113 ~D THE NORTH 150' OF T~CT 114 NAPLES, FLORIDA 34102 GOLDEN ~TE ESTATES UNIT 67 PHONE: ~03.0123 F~: 403.9399 COLLIER COUNt, FLOEIOA JUN Pg. COLLIER COUNTY TRANSPORTATION SERVICES "STANDARD CONDITIONS" EXCAVATION PERMIT APPLICATIONS INVOLVING OFF-SITE REMOVAL OF MATERIAL The intent of these "Standard Conditions" are to provide excavation permit applicants a summary of conditions which may affect their projects and which should be taken into consideration during all stages of project development: 1. Haul routes between an excavation site and an arterial road shall be private with property owner(s) approval or be a public collector road built to standards applicable to handle the resulting truck traffic. Where residential areas front collector roads, appropriate mm lanes, buffer and bikepath shall be required as minimal site improvements and if recommended for approval, shall be so with the condition that the Transportation Services Administration reserves the right to suspend or prohibit off-site removal of excavated material should such removal create a hazardous road condition or substantially deteriorate a road condition; such action by the Transportation Services Administration shall be subject to appeal before the Board of County Commissioners. 2. Haul routes utilizing public roads shall be subject to road maintenance and road repair or an --- appropriate fair share by the permittee in accordance with Excavation Ordinance No. 91-102 as amended Div. 3.5 and Right-of-Way Ordinance No. 93-64. 3. Off-site removal of excavated material shall be subject to Ordinance No. 92-22 (Road Impact Ordinance). A traffic and road impact analysis shall be made by the County to determine the effects that off-site removal of excavated material will have on the road system within the excavation project's zone of influence. If appropriate, road impact fees in accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation permit. 4. The Transportation Services Administration reserves the fight to establish emergency weight limita on public roadways affected by the off-site removal of excavated material; the procedure for establishment of weight limits shall be the presentation of an applic~ble resolution before the Board of County Commissioners. Should weight limits be instituted, the permittee shall be responsible to implement measures to assure that all heavy truck loadings leaving the permit's property conform to the applicable weight restriction. 5. The Excavation Performance Guarantee shall apply to excavation operations and also the maintenance/repair of public roads in accordance with current ordinances and applicable permit stipulations. AGE EXHIBIT "B" Page One of Two JUN 0 8 1999 6. Based on soil boring information per Ordinance No. 91-102 as amended, a blasting permit may be appropriate. Should a blasting permit application be submitted and should residential areas exist within one mile of the excavation site, the County reserves the right to deny a blasting permit based on concerns for off-site impacts from blasting at an excavation site. Should a blasting permit be considered and approved, the minimum conditions of approval in addition to conditions per Ordinance No. 91-102 as amended are as follows: A. Structure inventory/monitoring and applicable property owner release as required by the Development Services Director. B. Security bond applicable to private property damage acceptable to the County. C. Control of size/depth/number of charges per blast by the Development Services Director. D. The right of the County to suspend and/or revoke blasting permit authority should it be determined that blasting activities are creating unacceptable off-site conditions either in terms of private property damage and/or related physical effects of blasting operations. 7. No excavation permit shall be issued until receipt of a release from the Transportation Services Administration applicable to proper mitigation of off-site impacts, meeting of applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinance No. 91 - 102 as amended. Reference to letter of 5/24/88 Revised 1/13/98 Page Two of Two d U N 0 8 1999 pg. ~ EXECUTIVE SUMMARY AUTHORIZATION OF A 100% WAIVER OF IMPACT FEES FOR ONE HOUSE TO BE BUILT BY MICHAEL R. MCCARTY AT 4545 16xH STREET, N.E., IN COLLIER COUNTY. QBJECTIVE: The Board of County Commissioners accept the Resolution and Agreement for 100% Waiver of Collier County Impact Fees authorizing the payment of impact fees and appropriating the funds for waiver of Road Impact Fees, Library System Impact Fees, Parks and Recreational Facilities Impact Fees, Emergency Medical Services System Impact Fees, and Educational Facilities System Impact Fees and for one house to be built by Michael R. McCarty, with funds from the Affordable Housing Trust Fund. CONSIDERATIONS: Michael R. McCarty has submitted an application for a 100% waiver of impact fees for one house to be built by Michael P,.. McCarty at 4545 16th Street, N. E. in Collier County, as a low income, first time home buyer and qualifies for an impact fee waiver under the provisions of the Impact Fee Waiver Ordinances. FISCAL IMPACT: Funding for the proposed impact fee waiver is available in the Affordable Housing Trust Fund. The total amount of impact fees requested to be deferred is $4,172.36. a) Library System Impact Fee $ 180.52 b) Road Impact Fee 1,379.00 c) Parks Impact 820.84 d) EMS Impact Fee 14.00 e) Educational Systems Impact Fee 1,778.00 Total Impact Fees to be Waived $4,172.36 GROWTH MANAGEMENT IMPACT: The impact fee waiver will bring relief for a low income family in compliance with Policy 1.5.2 of the Housing Element of the Growth Management Plan. RECOMMENDATION: The Board of County Commissioners accept the Resolution and Agreement authorizing the waiver of impact fees for a home to be built at 4545 16TH Street N. E. in Collier County, by Michael R. McCarty, a low income family, and to pay for these impact fees with State Housirm - Incentive Partnership (S.H.I.P.) program revenue funds. ,o. ~1 JUN 0 8 1999 Executive Summary McCarty Impact Fee Waiver Page Two Prepared by: ~.., ,~'-~- ...... ~ - ~-~. ['..4'. ~ .~..' Date 4oanne Dalbey, Planner II .~ '~iousing and Urban Improvement Reviewed by: ~~ /// .j ~-,, ,~/A. ~ L~//f~- ----.-. Date Greg Mih31~c, lifirector Housing/~nd Urban Improvement Approved by: ~ff '~~' ~ Date ¢~ff//~ ~' VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES jd/c/execsum/mccarty JUN 0 8 1999 I RESOLUTION NO. 99- 2 3 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER 4 COUNTY, FLORIDA, AUTHORIZING WAIVER OF LIBRARY SYSTEM 5 IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, 6 ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES 7 AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE 8 TO BE CONSTRUCTED BY MICHAEL R. MCCARTY AT 4545 16TM STREET, 9 N.E., COLLIER COUNTY, FLORIDA. 10 11 WHEREAS, Collier County has recognized and attempted to address the lack of adequate and 12 affordable housing for moderate, low, and very-low income households in the County and the need 13 for creative and innovative programs to assist in the provision of such housing by including several 14 provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1; 15 objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 16 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the 17 Housing Element; and 18 WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives 19 Partnership Program set forth in Section 420.907 et. sea_., Florida Statutes and Chapter 91-37, Florida 20 Administrative Code; and 21 WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is 22 authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers 23 of Collier County impact fees; and 24 WHEREAS, Michael R. McCarty is seeking a waiver of impact fees; and 25 WHEREAS, Michael R. McCarty will construct a three (3) bedroom unit (the "Dwelling 26 Unit") at 4545 16th Street, N.E. in Collier County, Florida; and 27 WHEREAS, the Dwelling Unit will be owned by a very low income household, and 28 WHEREAS, Michael R. McCarty submitted to the office of the Housing and Urban 29 Improvement Department an Affordable Housing Application dated May 1, 1999 for a waiver of 30 impact fees for the construction ora house at 4545 16th Street, N.E., Collier County, Florida, a copy 31 of said application is on file in the Housing and Urban Improvement Department; and 32 WHEREAS, in accordance with Section 3.04 of the Library System Impact Fee Ordinance, 33 Ordinance No. 88-97, as amended; Section 3.04 of the Parks and Recreational Facilities Impact Fee 34 Ordinance, Ordinance No. 99-39; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 35 92-22, as amended; Section 3.05 of the Emergency Medical Services System impact Fee Ordinance, 36 Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee 37 Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by 38 qualifying for a waiver; and 39 WHEREAS, Michael R. McCarty has qualified for an impact fee waiver based upon the 40 following representations made by Michael R. McCarty: -1- JUN 0 8 1999 I A. The Dwelling Unit shall be owned by a first-time home buyer. B. The Dwelling Unit shall be owned by a household with a very low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the 4 monthly payment to purchase the unit must be within the affordable housing 5 guidelines established in the Appendices to the respective Impact Fee Ordinances. 6 C. The Dwelling Unit shall be the Homestead of the owner. 7 D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the 8 certificate of occupancy is issued. 9 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 10 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 11 1. The Board of County Commissioners hereby authorizes the County Administrator to 12 issue an Authorization for waiver of impact fees to Michael R. McCarty for one (1) 13 house which shall be constructed at 4545 16th Street, N.E. in Collier County, Florida. 14 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for 15 waiver signed by Michael R. McCarty, or other documentation acceptable to the 16 County Attorney, the Board of County Commissioners hereby authorizes the payment 17 by Collier County of the following impact fees from the Affordable Housing Trust ~ Fund, Fund (191), in the following amounts for the one (1) house to be built at 4545 16th Street, N.E., Collier County, Florida by Michael R. McCarty: 21 A. Library Impact Fee $ 180.52 22 B. Road Impact Fee 1,379.00 23 C. Parks Impact Fee: 820.84 24 D. EMS Impact Fee 14.00 25 E. Educational Facilities System 26 Impact Fee 1.778.00 27 28 Total Impact Fees $ 4,172.36 29 3. The payment of impact fees by Collier County is subject to the execution and 30 recordation of an Affordable Housing Agreement for payment of Collier County 31 Impact Fees belween the property owner and/or purchaser and the County. 32 4. Based upon sufficient evidence provided by Owner, Owner has demonstrated that a 33 subordination of the County's rights, interests and lien to that certain mortgage loan 34 from Allied Mortgage Capital Corporation to Owner in the amount of $86;088 is necessary to obtain financing to purchase the Dwelling Unit. -- A~rl~-'~ lq 1'40. ~ -2- JUN 0 8 1999 1 2 3 This Resolution adopted after motion, second and majority vote favoring same. 4 5 6 DATED: 7 8 ATTEST: BOARD OF COUNTY COMMISSIONERS 9 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 10 11 12 By:. 13 PAMELA S. MAC'KIE, CHAIRWOMAN 14 15 16 17 Approved as to form and 18 legal sufficiency: 19 20 21 22 Heidi F. Ashton 23 Assistant County Attorney 24 25 26 27 jd/f/reso/mccarty 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 NA~~/~' -3- JUN 0 8 1999 Pg. h.~ 1 2 6 EXHIBIT "A" 7 8 9 10 LEGAL DESCRIPTION 11 12 MICHAEL R. MCCARTY RESIDENCE 13 14 15 16 THE NORTH 75 FEET OF THE NORTH 150 FEET OF TRACT 17 7, GOLDEN GATE ESTATES, UNIT NO. 60, ACCORDING 18 TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, 19 PAGE 62 IN THE PUBLIC RECORDS OF COLLIER 20 COUNTY, FLORIDA. 21 22 -4- JUN 0 8 1999 CREATIVE HOMES OF SW FLOR, IDA c,~.~ n/es cou~.~. &ll,'e.F sc~:, .," _. STRAP NUMBER DRAIIqFIELD SiZE 46~ SO - , ~ , AGREEMENT FOR WAIVER OF 100% OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this day of ., 1999 by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Michael R. McCarty, hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance; as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application is on file in the office of Housing and Urban Improvement Department; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99- . at its regular meeting of ,1999; and WHEREAS, the Impact Fee Ordinance requires that the OWNER ente:' intn an NO. ~ Agreement with the COUNTY. JUN 0 8 1999 WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years conunencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. Owner maintains a household with a very low income as defined in the appendices to the Impact Fee Ordinance and the monthly payments to purchase the Dwelling Unit must be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. Owner is a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $4,172.36 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed b 2 JUN 0 8 1999 OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser or renter, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY, except for waived impact fees if the dwelling unit has been used for affordable housing for a continuous period of fifteen years after the date the certificate of occupancy is issued. 7. LIEN. The waived impact fees shall be a lien upon the property which lien may be ..~ foreclosed upon in the event of non-compliance with the requirements of this Agreement. Based upon sufficient evidence provided by OWNER, OWNER has demonstrated that a subordination of the COUNTY'S rights, interests and lien is necessary to obtain financing to purchase the Dwelling Unit. The COUNTY and OWNER agree that all of the COUNTY'S rights, interests and lien arising under this Agreement shall be made junior, inferior and subordinate to that certain mortgage loan from Allied Mortgage Capital Corporation to OWNER in the amount of $86,088. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. '-" 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, su~- JUN 0 8 1999 119__. assigns. In the case of sale or transfer by girl of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact f~es are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall mn with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees within 30 days of said non-compliance, or (2) where O~,'NER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of thirty (30) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within 30 days of said non-compliance. OV~rNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement, and the default is not cured within thirty (30) days after written notice to OWNER, the Board may bring civil action to enforce this Agreement. In addition, the lien may be fore'closed or otherwise enforced by the COUNTY ~- ..... :~ or suit in equity as for the foreclosure of a mortgage on real property. This 'emedy is ,JUN 0 8 1999 4 cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all attorney's fees, incurred by the Board in enforcing this Agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: (2) OWNER: Print Name ('-~., ..... ~ ;3~,'~ Michael R. McCarty /,,.~ STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this /,~ day of D')~O-~' 1999, by Michael R. McCarty. He is personally known to me ,.,, v ....... - [NOTARIAL SEAL] ~,g~ature of Person Taking AcknotF~nt DATED: BO~ OF COUNTY' COMISSION£RS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk By: pproved as to form and PAMELA S. MAC'KIE, CHAIRWOMAN legal sufficiency lqeidi~F?'A~htofi Assistant County Attorney jd/c/agreement/mccarty AGEI~A ~3'~ 5 JUN 0 8 1999 EXHIBIT "A" LEGAL DESCRIPTION THE NORTH 75 FEET OF THE NORTH 150 FEET OF TRACT 7, GOLDEN GATE ESTATES, UN-IT NO. 60, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 62 IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. JU~ 0 8 1999 /2,_ _...REA-FIVE HOMFS OF' SW FLOR, IDA - ' UNiT'/~ LOT~ BLOCi< ,/~ .fRACi.~~~ ~ LIVING AREA _. . 1.1o9_ SQ FT -'- TANI< S1Z/ 900 GALLONS STRAP NUMBER DRAINFI~LD SIZE 468 SO FT EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "EDEN ON THE BAY", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Eden on the Bay", a subdivision of lands located in Section 8, Township 48 South, Range 25 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Eden on the Bayl' . These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. Ail 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 Aimprovements, together with a Construction and Maintenance Agreement 'or Subdivision Improvements, shall be provided and accepted by the lanning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Eden on the Bay" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $694,785.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer $322,166.00 b) Drainage, Paving, Grading - $372,619.00 The Security amount, equal to 110% of the project cost, is $764,263.50 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager ~ Cost Center: 138900 - Development Services Revenue generated by this prc Total: $13,571.84 Fees are based on a construction estim~ ~eJU~0 8 7999 $694,785.00 and were paid in January, 1999 Executive Summary Eden on the Bay Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 794.00 b) Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $1610.83 Drainage, Paving, Grading (.425% const, est.)-$1583.63 c) Construction Inspection Fee Water & Sewer (1.5% const, est.) - $4832.49 Drainage, Paving, Grading (1.275% const, est.) - $4750.89 GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Eden on the Bay" for recording with the following stipulations: 1. Approve the amount of $764,263.50 as performance security for the required improvements. 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 Planning Services Director and the County Attorney's office. Executive Summary Eden on the Bay Page 3 PREPARED BY: John R. Houldsworth, Senior Engineer Date Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Date Engineering Review Manager Robert Mulhere, AICP Date Planning Services Department Director APPROVED ~Y: ' Vincent A. Cautero, AICP, Administrator /DaCe Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION jrh JUN 0 8 1999 ~ LEE COUNTY//....--BONITA BEACH ROAD COUNTY 5 ~_ uJ LEE COUNTY z COLLIER COUNTY 8 ~' 9 11 12 7 GULF WIGGINS 0~ OF 16 15 14 13 18 MEXICO 21 23 24. ~ 4z ~9 11 th ROAD 28 ~ 27 26 25 30 55 36 31 LOCA T/ON MAP TOWNSHIP 48 RD. EXT N.t:.S. TOWNSHIP [ 49 4 3 2 1 .. ., EN GINEERiN ~-FtE W~ ' _ 17'115 PLAt APPROVED BY 1HE-SITE DEVELOPUENT.,REI4EW DEPARTMENT OF EXECUTIVE SUMMARY APPROVE AND EXECUTE WORK ORDER NO. TE-98-TO-02 ~flTH TINDALE- OLIVER AND ASSOCIATES TO PERFORM CORRIDOR TRAFFIC STUDIES AND PROVIDE SIGNAL PLANS FOR GOLDEN GATE BOULEVARD FOUR LANE IMPROVEMENT FROM CR. 951 TO WILSON BOULEVARD. COLLIER COUNTY PROJECT NO. 63041, CIE NO. 62. OBJECTIVE: Obtain Board approval and execution of WORK ORDER No. TE-98-TO-02 with Tindale-Oliver under the terms o£ our annual professional services agreement contract # 98-2803. CONSIDERATIONS: The PWED in-house design staff is preparing the construction drawings for the Golden Gate Boulevard Four Lane Improvement Project. In order to keep the project on schedule, the Traffic Engineering related issues such as corridor traffic studies, and signal design need to be performed by a consulting firm (Tindale-Oliver and Associates, Inc.). The consultant is already under contract with Collier County. to perform corridor traffic studies, and signal design. Since other corridor traffic studies, and signal design have been performed by Tindale- Oliver, in the area, they are considered the most logical choice for the above mentioned tasks. A copy of the scope of Services which includes fees and schedule is attached. FISCAL IMPACT: Funds in the amount of $ 85,476.00 are available in Impact Fees District 6, funding source - Impact fees. GROWTH MANAGEMENT IMPACT: This project is consistent with the Capital Improvement Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the corridor traffic studies by Tindale-Oliver and Associates, Inc. in the amount of $ 85,476.00, authorizing Public Works Engineering Director to execute Work Order No. TE-98-TO-02. JUn 85199§ , Pg-, SUBMITTED BY: //~,~-~'-- ' Date: A. Nya~a~u Ko,i, Project Manager Public Works Engineering Dep~ment Public W. orks Engineefi~ Deba~ REVIE~O B Y: d~~~d~~~-- Date: Edward J. Kant, P.E.,~D~~ Trans~nation Se~ice~~ enl ~PROVED B~ Date: Ed Ilsc~er Public Works AdminisWator cc: Project File (#63041) Richard J. Hellriegel, P.E., SR Project Manager JUN 0 8 1999 ~'G. · TINDALE OLIVER April 27, 1999 Mr. Nvankadau Korti Collier County Public Works, Engineering Department 3301 Tamiami Trail Ezs.'. BuildJ;~2 19 Naples, Florida 34112 Subject: Scope of Services for Study and Signal Plans for Golden Gate Blvd. Dear Mr. Korti: Transmitted herewith per our telephone conversation is an original scope of sen'ices and fee estimate for the Golden Gate Boulevard Design Traffic Study and Signalization Plans. t3-ased_c~our-telephnn.e_con_,aersation-on-Aprib28'h, we-understan&that-yotvwit-l-provide-a-- c, om ~e~ .c4vo_J2 S__.'1'0c888~34~I~~ ~ditio~ t-seP4ces, i f ne,_c_ess_a~, I look forward to working with you and )'our staff on this important project, and should you have an.',' questions regarding the attachment, please contact me. Very truly yours, Tindale-Oliver & Associates William E. Oliver, P.E., PTOE Senior Vice President WEO/pme JUN 0 8 19'39 PG. ~ .... 1000 N. Ashley Drive, Suite 316, Tampa, Florida 33602 (813) 224-8862 Fax (813) 226-2106 SCOPE OF SERVICES GOLDEN GATE BOULEVARD DESIGN TRAFFIC STUDY INTRODUCTION This scope of services provides for the development of years 2002 and 2024 design traffic volume estimates for Golden Gate Boulevard and preparation of construction plans for the installation of new traffic signals at three intersections and the modification of one existing signal. This study will be based on the proposed roadway alignment and geometry, no alternatives will be tested. This scope of services will be undertaken under agreement 98-2803 "Annual Contract for Traffic Engineering Consultant Services" executed between Tindale-Oliver & Associates, Inc., and Collier County on October 13, 1998. Our proposed scope of services, fees, and schedules are provided below-. SCOPE OF SERVICES TASK ONE-- TRAFFIC PLA NNING A NA L YSIS The Consultant will obtain the current micro-FSUTMS transportation model files from the Collier County MPO and contact the Collier County Growth Management Division to obtain site development plans for developments in the Golden Gate Boulevard Corridor between CR 951 and Wilson Blvd. Using this information, we will modify the traffic analysis zone structure in the Collier County MPO's FSUTMS model to accommodate the site development plans and planned major roadway connections. We anticipate subdividing existing traffic analysis zones into three to four zones each to refine loading of traffic onto the highway network in this corridor. We will interpolate between years 1990 and 2004 to determine socio-economic data for year 2002. We xvill review current 2024 socio-economic data relative to the approved developments and summarize this information and proposed modifications to the 2024 socio-economic data. These recommendations will be presented to Collier County Transportation Services staff for review prior to making the adjustments. We will obtain historical and current machine traffic count data and turning movement count data at key intersections in the area surrounding the corridor from the Collier Coun.ty Transportation Services Division and identify historical traffic growth trends in the corridor. We will conduct up to six roadway machine counts and five turning movement counts at locations not available from Collier County Transportation Services. We will assign the 2024 FSUTMS Model and compare 2002 and 2024 volumes with 1990 "validation" network volumes and consider historical trends to develop year 2002 and 2024 "design traffic" estimates for Golden Gate Boulevard. A.M. and P.M. peak hour traffic volumes will be estimated. We will present the design traffic volume estimates to the transportation services staff prior to proceeding with subsequent steps. We will undertake intersection and arterial level of service and capacity analyses to determine needed laneage, controls, and storage/auxiliary lane lengths at the following intersections: Ti,utale-(llivcr & Associates. Inc. J ~,,~f~e4~~ April 23. 1999 I Golden Ga e Pt;. ~-- ........ ~..~ Boulevart~ Corridor J:\COLLlER\Goldcrt GateXl~roposal3_O. doc CR 951; Big Cypress Elementary School; Estates Community Park; 13th Street; 5th Street; and Wilson Boulevard We will generate CORSIM traffic flow simulation files for the two analysis years. As a part of this analysis, we will consider the triple left-turn alternative being considered by Collier County at the CR 951/Golden Gate Boulevard intersection. Upon completion of the CORSIM simulations, we will meet with Collier County staff to present our findings and the simulations. We have included one trip to Collier County to present findings of the study. If meetings can be scheduled on the same day with other meetings with Collier County staff (e.g. the Impact Fee Update Study meetings), we can provide two meetings within this budget. Interim reviews with County staff will be accomplished by transmitting worksheets and graphics and reviewing this information through joint conference calls with Transportation Services Division and Public Works staff. TASK TWO--PREPARE REPORT We will prepare a documentary technical memorandum, which summarizes the assumptions and findings of our analysis. This task will also summarize the traffic growth and highway network assumptions under which the 2002 and 2024 design traffic volume estimates were prepared. We will prepare a draft memorandum, including graphics and worksheets for review by County staff. Upon receipt of staff comments, we will finalize the report and provide five copies for the County's use. TASK THREEmSIGNALIZA TION PLANS We will prepare construction plans for the installation of new traffic signals at the intersections of Golden Gate Boulevard with 13th Street S.W., Wilson Boulevard, and Big Cypress Elementary School, and for the modification of an existing signal at CR 951. We will prepare base drawings of the intersections using construction plan drawings of the subject locations provided in AutoCadd format by Collier County. We anticipate that these plans will indicate the improved right-of-way limits, underground and overhead utilities, and elevations at back edge of sidewalk at pole locations and at crown of road. We will expand the intersection drawings to the North and South as necessary to address pertinent features of signalization. We will base the operating plan on analyses undertaken in Task One. We will prepare signalization plans at the 60% and 90% stages and provide four copies of each for County review. The signalization plans will be developed using procedures commonly in use by the Florida Department of Transportation, and assuming a pole and mast-arm configuration. Foundation and structural design of the poles and mast-arms will also be provided. The design of the signal at 13th Street S.W. will also include pre-emption features activated at the Golden Gate Fire and Rescue Station. We will deliver final reproducible plans (mylar and six sets of signed, sealed prints), a calculations booklet, quantity tabulations, cost estimate and AutoCadd drawing files at the 100% plan stage. ., , , NO. 1618.)0_i JUN 0 8 1999 April 23. 1999 2 Golden Gate .................... ;r , J:\COLLIEflAGoMe'n Gate~proposal3_9.~fl~c TASK FO UR--ADD1TIONA L SIGNA LIZA TION PLANS As directed by the County, we will prepare additional signalization plans, using information provided by the County similar to that provided in Task Three, for the following intersections: ~n Golden Gate Boulevard @ Estates Community Park c2 Golden Gate Boulevard @ 5th St. TASK FIVE--CONSTRUCTION PHASE SERVICES As requested and authorized by Collier County, we will provide construction phase services to include the review of equipment submittals, field observations during construction, or other services while the road improvement project is in progress. These services will be provided by Tindale-Oliver or our local contract team member, Johnson-Engineering, Inc., on a cost-plus basis. TASK SIX--ADDITIONAL MEETINGS AND/OR SER VICES As directed by the County, we will participate in additional meetings with the public, County staff and/or Board of County Commissioners, undertake additional analyses, or prepare additional signalization plans. Prior to undertaking additional analyses, we will provide the County with fee estimates and confirm authorization to undertake the analyses. SCHEDULE Upon receipt of notification to proceed, we will pursue the design traffic study expeditiously to meet your project schedule. We anticipate the study to require no longer than two months. We anticipate the 60 percent signal design process to require no more than six weeks to complete commencing upon notice to proceed and receipt of the AutoCadd roadway construction plan drawings: the 90 percent plans to be completed within four weeks of receipt of comments on the 60 percent plans: and 100 percent plans to be completed within three weeks after receiving comments on the 90 percent plans. FEE AND BILLING We will undertake the above services for the lump sum fees outlined below: Task One - Traffic Planning Analysis $20,454 Task Two - Prepare Report $ 2,480 Task Three - Signalization Plans $39,042 Task Four - Two Additional Signalization Plans $22,000 Task Six - Meetings $ 1,500 each Additional Analysis - Fee To Be Established ~-~ ~B"I 4-"/~.oO ,o. I/,. (0 JUN 0 8 1 99 Tindah'-Olivcr & Associates, Inc. ! P~~ April 23. 1999 3 Golden Gate Boulevard Corridor J.'XCOLLIE~GohIen Galc)~ropo,~td3_9. doc Task Five, Construction Plan Services, will be billed as directed by the County, on a cost-plus basis at the hourly rates established in our current master contract with Collier County. A spreadsheet providing the basis for our fee is attached for your reference. JUN 0 8 1999 Tit~d(tl~'-OJiv~'r d~ As.t'ocirllt'$, Inc. April 23. /909 4 Golden Gate Boulevard Corridor J:~COLLIE~G~hI~,~i Gatc~roposal3_9. doc WORK ORDER # TE-98-TO-02 Agreement for Fixed Term Professional Engineering Services Dated May $, 1999 (Contract #98-2803) This Work Order is for professional engineering services for work known as (Title) Golden Gate Boulevard Four Lane Improvement (Reason for Proiect) To perform Corridor Traffic Studies and Signal Design The work is specified in the proposal dated April 27, 1999 , which is attached hereto and made a par! of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above,Work Order# TE-98-TO-02 is assigned to: Tindale, Oliver & Associates Inc. (Firm Name) Scope of Work: See the attached Scope of Work Schedule of Work: Complete work within 151 Calendar days from receipt of the \rotice IO 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 amount of $85,476.00, as provided in the attached proposal. See attached schedule of fees. Any change within monetary authority of this Work Order made subsequent to final department approval ~ill be considered an addilional service and charged according to Schedule "A' or,he Agreement. A. Nyank~dau Korti.. ProJ~t Man~ger Date Publi~Vorks Engi~n~ De. fire ent Pnblic Works I~n~ing l)eparlmen~ APPROVED BY: Jeff Bibby, P.E., DJreclor Dale Public Works Engineering Department Approved as to Form and l.egal Sufficiency: / Assislanl County Attor~,y d~-/ ACCEPTED BY: Da,e: 6- - L V- ~ Tindale. Olixer & Associates, Inc. ATTEST: iCorporale Secrclary) I JUN 0 8 {999 EXECUTIVE SUMMARY Approval of Purchase Order to the City of Port St. Lucie in the Amount of $28,000.00 for the Purchase of a Wallace and Tiernan Lime Slaker OBJECTIVE: That the Board of County Commissioners, as Ex-Officio the Governing Board of Collier County Water-Sewer District approve a purchase order in the amount of $28,000.00 to the City of Pon St. Lucie for the purchase of a lime slaker needed at the County' s South Water Treatment Facility. CONSIDERATION: Due to the deteriorating condition of the existing slaker at the South Water Treatment Facility and the need for its replacement, Department staff contacted the City of Port St. Lucie who had purchased but not used one that exactly met our needs. Department staff have inspected this equipment which is still packaged in its original shipping container and found it acceptable. The City of Port St. Lucie has offered this equipment at a considerable (approximately fifty percent) savings. For this reason the Water Department has requested to make this purchase through the City of Pon St. Lucie rather than the product manufacturer. FISCAL IMPACT: The fiscal impact of this request is in the approval of a purchase order in the amount of $28,000.00 to the City of Port St. Lucie. Funds for this purchase are available in Water Capital Fund - Water Capital Projects - Facilities and Equipment Rehab Project. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners, as Ex-Officio the Governing Board of Collier County Water-Sewer District approve this request for a purchase order in the amount of $28,000.00 to the City of Port St. Lucie. 7'--.--.__ SUBMITTED BY: -- - ~'~-- Date: Bobb Reeder - Facilities Superintendent/Water REVIEWED BY: ...,r~Z~_-- Date: Paul/l~l~.ttausch - Water Director St~ve' car~ell - Purchasing Director APPROVED BY~~~~~I~ Date:~('"-2A''~ Ed Ilschner - Public Works Administrator JUN EXECUTIVE SUMMARY RECOMMENDATION TO AWARD RFP #99-2909 FOR ANNUAL CONTRACT FOR TELEMETRY SERVICES. OBJECTIVE: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District. award Bid #99-2909 for Annual Contract for Telemetry Services. CONSIDERATION: 1. The County operates various water and wastewater fhcilities necessary to serve the customers of the County Water/Sewer District. These facilities are controlled and monitored via computer controlled telemetry systems. 2. This requested service is required to repair, service and provide new and replacement installations of the various components of the telemetry systems to insure proper operation of the Water and Wastewater systems. 3. RFP #99-2909 was posted on April 14, 1999. Twenty-seven (27) inquiries were sent to vendors and three (3) bidders responded. All legal requirements have been met. 4. Staff has reviewed the bids, and based on the diversity of equipment between the Water and Wastewater Departments and the individual expertise of the vendors, recommends award to Consolidated Power Systems, Goff Communications, and Data Flow Systems, to be selected by departments as needed. FISCAL IMPACT: The fiscal impact of awarding this bid is estimated to be $125,000 for the Water Department and $300,000 for the Wastewater Department. Expenditures will be dependent on required system repairs and new and replacement installations and, to the extent possible, are based on historical usage of this service. The funds are budgeted and approved in the following Water and Wastewater cost centers: North Water Facility, North Water Reclamation Facility, South Water Facility, South Water Reclamation Facility, Water Collections, Marco Island Collections, Water Maintenance, Goodland Water District, and Pelican Bay Water Reclamation Facility. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, award RFP #99-2909 for Annual Contract for Telemetry Services to Consolidated Power Systems, Goff Communications, and Data Flow Systems, to be selected by departments as needed. SUBMITTED BY: "'*~"~'*~"'"~'; Date: Paul Mattausch, Water Director SUBMITTED BY: ~e~ Date: atham, wastewater Director ~VIEWED BY: -~ '"' :~ . ~," Date: Stephen Y. Carnell, Purchasing/GS Director APPROVED ~ Date: Ed Ilschner, Public Works Administrator JUN 08 1999 EVALUATION RECAP-FINAL RANKING STANDARDS RFP #99-2909 "Annual Contract for Telemetry Services" NUMBER OF 1s'~ NUMBER OF 2~ NUMBER OF 3~'~ SUM OF PLACE PLACE PLACE RANKING NAME OF FIRMS RANKINGS RANKINGS RANKINGS SCORING Consolidated Power Sys. Goff Communications {1 I l i 1, t ,, .. Data Flow Systems ' FIRM/RANKINGS FIRST SECOND THIRD Selection Committee Ch~irman'~signature / /Zd~ NOTE: Ranking scoring is determined by multiplying each 1 ~ Place Ranking by 3 points, each 2~ Place Ranking by 2 points, and each 3~ Place Ranking by I point. The Final Ranking order is determined by the highest to lowest Ranking Scoring totals. EXECUTIVE SUMMARY APPROVE WORK ORDER #TS-BL-9908 FOR BOTNER LAND DESIGN, INC. FOR BAYSHORE BEAUTIFICATION MSTU LANDSCAPING OBJECTIVE: To obtain authorization to assign Work Order #TS-BL-9908 to Botner Land Design, Inc. in the amount of $72,270 for preparation of design development, demolition plans, construction documents and bidding. CONSIDERATIONS: In January 1999, the Bayshore Beautification Advisory Committee selected Botner Land Design, Inc. to design landscape improvements on Bayshore Drive between US 41 and Thomasson Drive. Botner Land Design began preliminary design of this project in February 1999, and completed a Master Plan of the project in May 1999. Botner Land Design is now ready to begin the Design Development and Construction Document phase of this project, which is expected to be completed by October 1999. Total fees for this Work Order are $72,270 (Attachment #1). In accordance with Collier County Purchasing Policy, the Board of County Commissioners must give authorization for any work order exceeding $25,000. FISCAL IMPACT: All tasks included in Work Order #TS-BL-9908 will be funded by the Bayshore Beautification MSTU. As outlined in the attached "Work Authorization No. 4" provided by Botner Land Design, Inc., total fees for this work are $72,270. There is a $8825 balance in the current Engineering Fee budget, and the remaining $63,445 needed to fund this service is available in the reserves of this fund. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board authorize the Transportation Services Director to execute Work Order #TS-BL-9908, and authorize all necessary budget amendments required to complete this phase of design D'"~iel A. DeCesare, Engineer II -- Stephen Y. Carnell,~r~t [rcha~g D~ Ed4, d J. Ka. gx~,P~,E.,J,~'_ansportation Services Director Ed Ilschner, Public Works Administrator JUN 0 8 1999 ATTACHMENT NO. / / WORK ORDER # TS-BL-9908 PAGE / OF Agreement for Fixed-Term Professional Landscape Architectnral Services Dated Jnly 28, 1998 (Contract #98-2777) This Work Order is for professional engineering services for work known as: Professional Landscape Architectural Services for Bayshore MSTU Strectscape Design. Thc work is specified in the proposal dated May 14, 1999, which is attached hereto and made a par1 of this Work Order. In accordance with thc Terms and Conditions of the Agreement referenced above, Work Order #TS-BL-9908 is assigned to Botner Land Desien, Inc. Scope of Work: As detailed in thc attached proposal dated May 14, 1999. Schedule of Work: Complete work within 120 days from receipt of thc Notice to Proceed authorizing start of work. Compensation: In accordance with Article Five of the Agreement, the County will compensate thc Firm in accordance with lhe negotialed lump sum or time and material amount provided in the schedule below (ifa task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). Task Amount Design Development $20,140.00 negotiated lump sum Demolition Plan $7,360.00 negotiated lump sum Construction Documents $34,120.00 negotiated lump sum Bidding $7,650.00 negotiated lump sum Reimbursable Expenses $3,000.00 time and materials TOTAl, for Work Order TS-BI,-9908 $72,270.00 --not to exceed without written attthorization Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. Daniel A. DeCesar;~,,,/E~gin~er II Date AUTHORIZED BY: _~. ,?, .~ ,q'~-t} 7 -i · ' Ed~ P.E. Date Transportati~rvices Director Approved as to Form l~ '-- A~sistant County Attorney Date ACCEPTED BY: Botner Land Design, ~[ne. '"-' Signature Date (_~ignatur¢ {~Corporatc Secretary) Date Prinl or Type Name and Title of Wimess JUN 0 8 1§9§ BAYSHORE DRIVE STREETSCAPE 'WORK AUTHORIZATION NO. 4 Collier County Contract No. 98-2777 To: Mr. Dan DeCesare, Engineer II BOTNER Collier County Transportation D£SlGN Fr: Botner Land Design, Inc. George Botn~ A~L-A' - President, L.A. # 422 Date: May 14, 1999 Subject: Professional Landscape Architectural services for Bayshore Drive Streetscape service item: Design Development, Demolition Plans, Construction Documents and Bidding. 1.0 OX.TRVIEW: 1.1 Botner Land Design (BLD) prepared the Bayshore MSTU Streetscape Master Plan: Preparation ora Conceptual Design as referred to under Work Order #TS-BL-9904. 1.2 Work Authorization No. 4 follows the Master Plan for preparation of Design Development, Demolition Plans, Construction Documents and Bidding. 1.3 This Work Authorization covers only the work listed in 1.2 above. The remainder of professional services as may be necessary to complete the project will be subject to future authorizations, as well as any technical consultant services required for this assignment which are not covered under the Professional Landscape Service Agreement No. 98-2777. 2.0 SCOPE OF SERVICES: 2.1 Desi_on Development 2.1.1 Scope of this agreement includes a portion of the Streetscape Master Plan. The Master Plan has a capital construction funding limit of $1,300,000.00. 2.1.2 Products of this service item include: 2.1.2.1 Amended Opinion of Probable Cost 2.1.2.2 Conceptual details, and or catalogue cut sheets for site features including: paving, planting, street furnishings, bridge details, entry feature structure, street signage and pedestrian lighting. 2.1.2.3 Preliminary layout plan for landscaping showing: major plantings (Trees, Palms, Plant Beds, Lawn areas); sidewalk alignment; street crossings; irrigation mains and laterals; locations of lighting; locations of street furnishings. 2.1.2.4 Bridge: one concept elevation, cross section, and plan. 2.1.2.5 Entry feature: concept elevation (front and side), and concept floor plan. - P L A N N I N G & L A N D S C A P E ARC H I T C T U-R-E / ATTACHMENT NO. / Bayshore Work Authorization No. 4 PAGE 3 OF _ ~'" May 14, 1999 Page 2 2.1.2.6 A listing of frontage properties which will require alteration to existing access and recommendations for site frontage improvements will be provided to the County for discussions with property owners. 2.2 Demolition Plan 2.2.1 General. Site specific demolition activity will be required along both roadsides of Bayshore Drive. Frequently, private property items will require removal or return to adjacent property owners. Demolition plans showing location, identification and quantity of demolition items is required in addition to customary landscape documents. 2.2.2 Plans. BLD will prepare annotated Demolition plans showing locations of materials to be removed. Eight (8) plan sheets are required. 2.2.3 Quantities and Specifications. Specifications for removal and protection of private property will be provided A listing of quantities to be removed will be provided by plan sheet along with corresponding pay items in bid documents. 2.2.4 Schedule. Approximately 30 days will be required to prepare demolition work documents and will overlap schedules for preparation of Scope of Service items 2.2 and 2.4 as described herein. 2.3 Construction Documents 2.3.1 BLD will prepare construction documents necessary for construction of landscape including: 2.3.1.1 (A) Plan cover sheet, (B) Traffic Control Plan, (C) planting plans, (D) irrigation plans, (E) and layout and grading plans. 2.3.12 Technical details as necessary to describe the above. 2.3 1.3 Brido_e and entry feature construction plans and details. 2.3.1.4 Technical specifications as necessary to describe materials and methods of construction of the above items. 2.3.1.5 Updated Opinion of Probable Construction Costs 2.3.1.6 Technical annual maintenance schedule for plantings. 2.4 Bidding 2.4.1 Document Preparation. BLD will prepare Bid documents necessary for bidding construction of Streetscape in accordance with Collier County standard procedure. 2.4.2 Bid Procedure. BLD will participate in a County bid procedure for selection of a landscape contractor for landscape including: prebid meeting; bid opening; analysis of bid; and written recommendation for bid award. One bid procedure is included. Bayshore Work Authorization No. 4 ATTACHMENT NO. / May ] 4, 1999 PAGE W OF ~ Page 3 3.0 ADDITIONAL SERVICES: Subconsultant services will be required for civil engineering, electrical engineering, structural engineering and architecture. Proposals and Work Authorizations will be provided as needed. 4.0 SCHEDULE: All of the above services will be concluded by October 1, 1999. 5.0 FEES AND TERMS: 5.1 Terms 5.1.1 Notice to Proceed. BLD will proceed with services specified above upon issuance of a Collier County Work Authorization. 5.1.2 Lump sum fees include all services and normal operating expenses for the work as described in 2.0 Services. 5.1.3 Additional services to those described herein may be provided upon receipt of subsequent County Work Authorizations as mutually agreed. 5.1.4 Original mylar drawings are the property ofBLD. A second original mylar set will be provided to the Client upon request as a reimbursable expense. 5.1.5 Reimbursable Expenses. Out-of-Pocket expenses are reimbursable to BLD to estimated cost limits shown in 4.2, compensation. 5 1.6 Service fees and reimbursable expenses shall be paid' as expeditiously as possible within allowable parameters of County accounting procedures. 5 1.7 Invoices will be presented in proportion to percentages of completion of lump sum amounts by task. lnvoices xvill not be presented more frequently than bi- weekly, a description of services performed during the invoicing period will be provided. 5 1.8 Additional terms and Schedule of Hourly Fees are contained within the contract for Landscape Architectural Services, Collier County Contract #98- 2777. 5.2 Compensation Fees for the above services exclusive of subconsultants, if required, are as follows: SERVICE FEE TYPE FEE AMOUNT 2.1 Design Development L.S. $ 20,140.00 2.2 Demolition Plan L.S. $ 7,360.00 2.3 Construction Documents L.S. $ 34,120.00 2.4 Bidding L.S. $ 7,650.00 Subtotal Service Fees L.S. $ 69,270.00 51.5 Reimbursable Expenses T/M (estimate) $ 3,000.00 TOTAL FEE THIS WORK AUTHORIZATION $ 72,270.00 See attached fee matrix for breakout of service fees by item and staff,ut*s,,~r,a.,t~0.'-/,- /,q-~/qtl:~c~- JUN 0 8 IEIACH~£NI NO._ BAYSHORE DRIVE STREETSCAPE ~PAG£ OF _ WORK AUTHORIZATION NO.4: Bayshore Streetscape _ -------I ~-~ May 14, 1999 SERVICE FEE MATRIX BY TASK ITEM DESIGN Incorporated HOURS (EST.) BY STAFF ITEM Principal ($105/hr) Associate ($55/hr) Clerical ($30/hr) $ Subtotal Hours /Fee Hours/ Fee Hours/ Fee 2.1 Design Develo )ment 2.1.2.1 8 = S840 8 = S240 $1,080.00 2.1.2.2 40 = $4,200 20 = $1,100 8 = $240 $5,540.00 2.1.2.3 20 = S2,100 40 = $2,200 2 = $60 $4,360.00 2.1.2.4 20 = $2,100 20 = S1,100 2 = $60 $3,260.00 2.1.2.5 20 = S2,100 20 = S1,100 2 = $60 $3,260.00 2.1.2.6 8 = S840 24 = $1,320 16 = $480 S2,640.00 Subtotal 2.1 116= $12,180 124= $6,820 38= $1,140 $20~1.40~001;iiii 2.2 Demolition Plan 2.2.2 24 = S2,5201 40 = $2,2001 8 = $2401 $4,960.00 2.2.3 12 = S1,260 12 = $6601 16 = $4801 $2,400.00 Subtotal 2.2 36 = S3,780 52 = $2,8601 24 = S7201 :i i: :.$71i360:00 :: ::i 2.3 Construction Documents 2.3.1.1 (A) 2 = $210 8 = $440 1 = $30 $680.00 2.3.1.1 (B) 2 = $210 8 = S440 1 = $30 $680.00 2.3.1.1 (C) 60 = $6,300 40 = $2,200 4 = $120 $8,620.00 2.3.1.1 (D) 60 = $6,300 40 = $2,200 4 = $120 $8,620.00 2.3.1.1 (E) 40 = $4,200 40 = $2,200 4 = $120 $6,520.00 2.3.1.2 4 = $420 10 = $550 10 = $300 $1,270.00 2.3.1.3 20 = S2,100 40 = $2,200 2 = $60 $4,360.00 2.3.1.4 6 = S630 12 = S660 8 = S240 $1,530.00 2.3.1.5 6 = $630 4 = $120 $750.00 2.3.1.6 4 = $420 10 = $550 4 = $120 $1,090.00 Subtotal 2.3 220 = S23,100 216 = S26,880 46 = $1,380 i?i $34;120~00 ::::::. :: 2.4 Bidding 2.4.1 I 20= $2,1001 20= $1,1001 40= $1,2001 $4,400.00 2.4.2 I 20 = S2,100 10 = $550 20 = $6001 $3,250.00 Subtotal 2.4 40 = $4,200 30 = $1,650 60 = $1,800] TOTAL SERVICES FEE THIS WORK AUTHORIZATION ]1 $69,270.00 A A T M P L A N N I N G & L A N D S C A P E A R C H I I ~CJ~0~9 941 64..762 E i1 SUITE 172 COLLIER BUSINESS PLAZA 3050 N. HORSESHOE DRIVE NAPLES FLORIDA 34104 941.649.4476 FAX . EXECUTIVE SUMMARY APPROVE FINAL RANKING OF CONSULTANTS FOR ENGINEERING SERVICES RELATED TO AQUIFER STORAGE AND RECOVERY OF RECLAIMED WATER, CONTRACT 99- 2926, PROJECT 74030 OBJECTIVE: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve the consultant selection related to developing aquifer storage and recovery as an integral part of the County's overall effluent management and reuse system. CONSIDERATION: On April 4, 1999, the Purchasing Department distributed announcements to one hundred and sixty-two (162) firms. Twenty-eight (28) firms requested the full proposal package. Two (2) firms returned proposals on or before the established deadline of May 6, 1999. The Consultant Selection Committee was empowered by the County Administrator on February 23, 1999, ranked the respondents as follows: 1. Water Resource Solutions 2. Missimer International Both firms submitted responsive proposals and are well-qualified. The Consultant Selection Committee ranked Water Resource Solutions higher because of their experience on a greater number of aquifer storage and recovery projects which were most similar to the County's proposed project. A copy of the Ranking Matrix and the Summary of Significant Factors Forms are attached. FISCAL IMPACT: This project is funded in Fiscal Year 1999 from User Fees. Grant funds in the amount of $200,000 will be available upon completion of construction in Fiscal Year 2001 from the South Florida Water Management District. GROWTH MANAGEMENT IMPACT: This project is needed to meet current and future effluent management and reuse demands in the north wastewater service area. Development of reclaimed water storage facilities using aquifer storage and recovery is part of the 201 (Wastewater) Facilities Plan Update as adopted by the Board on July 22, 1997, agenda items 12(C)(4) and 12(C)(5). RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve the final consultant ranking as' recommended by the Consultant Selection Committee and authorize staff to negotiate a Professional Services Agreement with Water Resource Solutions to provide professional engineering services related to Reclaimed Water Aquifer Storage and Recovery, Project 74030. _ 0 8 1999 Executive Summary Approve Final Ranking of Consultants, Contract 99-2926 .._. Page 2 SUBMITTED BY: Date: Karl W. Boyer, P.E., PV~D Senior Project Manager/ Stephen Y. Camell, Purchasing Director REVIEWED BY: ~ ~ Date: l~ffBibby, P.E., Public Works Engineering Director APPROVED BY:~ Date: %~-~-K - ~' Ed Ilschner, Public Works Administrator Attachments: Ranking Matrix Form, and Summary of Significant Factors Form JUN 0 8 1999 CONSULTANT SELECTION SUMMARY OF SIGNIFICANT FACTORS FORM RFP #' 99-2926 RFP TITLE: En,qineerinq Services for Reclaimed Water ASR SIGNIFICANT FACTORS PERTAINING TO SHORTLIST FIRMS: SIGNIFICANT FACTORS TO RANKING OF TOP~EIREE~IRMS: ~- J' ) x ~ /' P Date anage Buyer Date JUN 0 8 19,39 PG.,, RFP #99 - 2926 "Engineering Services for Reclaimed Water Aquifer Storage and Recovery" SCORING FORM NAME OF FIRM Approach Five (5) Points ~ '~ .... Expertise of Designated Staff Five (5) Points Previous Performance on Similar Jobs Four (4) Points "~ Office Location and Responsiveness Five (5'~ Points Ability to Complete on Time Three (3) Points Ability to Complete Within Budget Three (3) Points TOTAL /",..q /' ,~¢ I RANKING FIRST FIRM [%,/~.~ dc~ ~e 5 c,~'" c SECON~ FIRM ~; 3'r t ~ ~ ~ THIRD FIRM SELE~CO~IWEE ~N~ER'~SIGNATb~ DA~ [ JUN 0 8 1999 , .· . //,; RFP #99 - 2926 "Engineering Services for Reclaimed Water Aquifer Storage and Recovery" SCORING FORM N),SIE OF FIRM ~-. Expertise of Designated Staff Four J°bsPre"ious Performance °" Similar[a) Points O~ce Location and Responsivenes: Fi,'e (.5, Points Ability to Complete on Time - T~ee (3) Points ~ ' ~' Ability to Complete Within Budget T~ee (3) Points RANKING FIRST FIRM ' ,/~ ~ ~' G ' SECOND FIRM Wl 5 THI.RD FIRM ~ .~.~ RFP ~99-2926 -" Enqlneerinq Services for Reclaimed Water Aquifer Storaqe and Recovery" Paqe EVALUATION FORMS EVALUATOR: E~/ DATE OF REVIEW: GRADING SYSTEM: POINTS SCORE 1. Approach 5 2. Expertise of Designated Staff 5 3. Previous Performance cn Similar Jobs 4 4. Office Location and Responsiveness 5 5. Ability to Complete on Time 3 6. Ability to Complete within Budget 3 3 TOTAL POSSIBLE POINTS: 25 Z I References contacted: FAVORABLE UN FAVORABLE Contact # 1 Contact # 2 Contact # 3 PRESENTATION RECAP (Required only if presentation is requested) CONSULTANTS: Notes & Comments: ~//-~/4¢~'~;) - ~ / ' r / ..... -j ~P Doc~ent Revised 10/29/96 RFP #99-2926 -" Enqlneerinq Services for Reclaimed Water Aquifer Storaqe and Recovery" Paqe 20 EVALUATION FORMS PROJECT: DATE OF GRADING SYSTEM' POINTS SCORE 1. Approach 5 2. Expertise of Designated Staff 5 3. Previous Performance on Simiiar Jc~s 4 2_ 4. Office Location and Responsiveness 5 5. Ability to Complete on Time 3 6. Ability to Complete within Budget 3 TOTAL POSSIBLE POINTS: 25 / References co ntacted: FAV O RAB LE U N FAVO RAB LE Contact # 1 Contact # 2 Contact # 3 PRESENTATION RECAP (Required only if presentation is requested) CONSULTANTS: Notes & Comments: ' ~'4 c ~ ' ~ ~- P~ Doc~e~t ~e~Lsed 20/29/96 RFP #99 - 2926 "Engineering Services for Reclaimed Water Aquifer Storage and Recovery" SCORING FORM Approach Five {5) Points / FiveEXpertise of Designated Staffts) Points - ~ ~ I'4 Previous Performance on Similar F~ur (4) Points Office Location and Responsivenes~ Abiliu to Complete on Time Three ~3) Points THIRD FIRM SELEC~ON CO~I~EE ~ER'S SIGNAT~ t 'DA~ JUN 0 8 IS99 rs. ? RFP #99- 2926 "Engineering Services for Reclaimed Water Aquifer Storage and Recovery" SCORING FORM NXME OF FIRM Approach Five ~5i Poir:s Expertise of Designated Staff Five (51 Points Previous Performance on Similar Jobs Four ,,~ Poin:s Office Location and Responsivenes~ Five ~5', Points Abilil} to Complete on Time Three [5~ Pom~ Ability to Complete B'ithin Budget Three ~5) Poin~ RANKING FIRST FIRM SECOND FIRM THIRD FIRM ~ tDATE ~-' SELECTION COIVlMITTEE ~~' S SIGNATLrI~ ' 'l ~a I JUN O 8 1999 EXECUTIVE SUMMARY APPROVE THE PROFESSIONAL SERVICES AGREEMENT WITH AGNOLI, BARBER AND BRUNDAGE, INC. FOR THE DESIGN OF LIVINGSTON ROAD FROM GOLDEN GATE PARKWAY TO PINE RIDGE ROAD (Project No. 60071, CIE No. 52) AND LIVINGSTON ROAD FROM PINE RIDGE ROAD TO VANDERBILT BEACH ROAD (Project No. 62071, CIE No. 58). OBJECTIVE: Obtain Board of County Commissioners' approval of the negotiated professional services agreement with the consultant finn of Agnoli, Barber and Brundage, Inc. for the accelerated design of Livingston Road fi.om Golden Gate Parkway to Vanderbilt Beach Road. CONSIDERATIONS: On December 8, 1998 [Agenda Item 8(B)(1)] the Board approved an accelerated design and construction schedule for the Livingston Road Corridor. On February 23, 1999 [Agenda Item 16(B)(3)] the Board approved the consultant selection ranking based upon staffreviews of submitted proposals. The firm of Agnoli, Barber and Brundage, Inc. was the top ranked finn. Staff has negotiated the attached scope of services, schedule, and fee for the complete desiga, of Livingston Road fi.om Golden Gate Parkway to Vanderbilt Beach Road. FISCAL IMPACT: The negotiated fee for the two road design phases is as follows: oe &~~fl,,~ Phase I Golden Gate Parkway to Pine Ridge Road $523,499.00 Phase II Pine Ridge Road to Vanderbilt Beach Road 456,491.00 TOTAL $979,990.00 Funding for this engineering design work is available in Fund 313 Road Construction - Gas Tax GROWTH MANAGEMENT IMPACT: These Capital Improvement Projects Nos. 52 and 58 are consistent with the Transportation Sub-Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Professional -- Services Agreement with Agnoli, Barber and Brundage, Inc. and authorize the chairwoman to sign the approved Agreement for the Board. Robert C. Wiley, P_/E. P.W.E.D. Project Manager III REVIEWED B Date: ~/Jeff Bibby, P.E. P.W.E.D. Director !''1 AG~. ~ I ~ JUN 0 8 1999 Executive Summary Livingston Road PSA with Agnoli, Barber and Brundage, Inc. Page 2 REVIEWED BY: ~ CtS. ~'~'4'////~ Date: Stephe~ Y. Ca'nell eurch~asing Department D~to~' REVIEWED BY: ~~x/~-~/~~ Date: Edward J. Kan~,~ ~.~ Transportati~.)~,opartment Director APPROVED BY~ Date: Ed Ilschner Public Works Administrator LIVINGSTON ROAD (G.G. PARKWAY to PINE RIDGE ROAD) COLLIER COUNTY PROJECT NO. 60071 AND LIVINGSTON ROAD (PINE RIDGE ROAD TO VANDERBILT BEACH ROAD) COLLIER COUNTY PROJECT 62071 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this ~ day of 19 , by and between the Board of County Commissioners for Collier County, Florida,- a political subdivision of the State of Florida [ex-officio the governing board of the Collier County Water-Sewer District] (hereinafter refeCred tb as the "OWNER") and Agnoli, Barber and Brundage_, Inc. a Florida corporation, authorized to do business in the 'State of Florida, whose business address is 7400 Tamiami Trail North, Suite 200, Naples, FL 34108 (hereinafter Eeferred ~o as the "CONSULTANT"). ' " W TNESSETH: WHEREAS, the OWNER desires to obtain the professional engineering design and environmental permitting services of the CONSULTANT concerning certain design services for Livingston Road (G,G. Parkway to Pine Ridge Road) -County Project NO. 60071 and LK;ingston Road (Pine Ridge Road to Vanderbilt Beach Road) - County Project` NO. 6207~ (-hereinafter referred to as the "Project"), said services being more fully desc'ribed in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and JUN 0 8 WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional, engineering-design and environmental permitting services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in S(~hedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Articie Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County,-- Florida, i0cluding, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional Servioes to be~)r°vided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be Provided ~nereunder relate to a professio, hal service which, under Florida Statutes, requires a license, certifiqate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services. JUN O 8 3999 1.5. CONSULTANT agrees to employ and designate, in writing, within five (5) calendar days after receiving its Notice to Proceed, a qualified licensed professional to serve as the CONSULTANT's project manager (hereinafter referred to as the "F?roject Manager"). The Project Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Within five (5) calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the OWNER a written statement, executed by the proper officers of the CONSULTANT, acknowledging that the Project Manager .shall have full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Project Manager shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the OWNER, to promptly remove and replace the Project Manager, or any other perso'nnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be mad-e by the - OWNER with or'without cause. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be required for the Project. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with al~ -3- JUN 8 8 1999 PG. ~) · published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of the conflict. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. 1.9. CONSULTANT agrees to certify all estimates of construction costs and Project completion dates prepared by the CONSULTANT. Said certifications shall be in a form approved by the OWNER. 1.10. Evaluations of the OWNER'S Project budget, preliminary estimates of construction cost and detailed estimates of construction cost prepared by the CONSULTANT represent the CONSULTANT'S best judgment as a design professional familiar with the construction industry. 'The 'CONSULTANT cannot and does not guarantee that bids or negotiated prices will not vary from any estimate of construction cost or evaluation prepared or agreed to by' the CONSULTANT. Notwithstanding anything above to the contrary, CONSULTANT shall revise and modify Construction Documents and assist in the rebidding of the Work at no additional cost to OWNER, if all responsive and responsible bids exceed the estimates of construction costs prepared by CONSULTANT. -4- J U N O 8 1.11. CONSULTANT shall not be responsible for means, methods, techniques, sequences or procedures of construction selected by contractors or the safety precautions and programs incident to the work of contractors. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule B. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1. Preparation of applica, tions and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. . _ 2.3 Preparation and submission of information to and necessary consultations with the Collier County Transportation Department, Florida Department of Environmental Protection, Florida Department df Transportation, South Florida Water Management District, U.S. Army Corps of Engineers or other appropriate regulatory agenCies, in order to obtain necessary permits or approvals for construction of the Project, unless such permits are expressly _0_ JUN 0 8 1999 Services to be performed by CONSULTANT hereunder as set forth in the Schedule A-Scope of ,,_.,Services. 2.4 Providing renderings or models for OWNER's use. 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting 6)WNER in obtaining process licensing. 2.6. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. 2.7. Services during out-of-town travel required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.8. Assistance in connection with bid protests, rebidding or renegotiating contracts" for construction, materials, equipment or services, except as otherwise provided for herein. 2.9. Providing any type of property surveys, aerial photography or related engineering services needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and staking to enable contractors to proceed with their work and providing other special field surveys. 2.10. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. -6- J U N 0 1999 __.G,.. 2.11. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.12. Additional services rendered by CONSULTANTS in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in accordance with generally accepted engineering design and environmental permitting practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The Owner shall designate in writing a project coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Coordinator"). The Project Coordinator shall have authority to transmit instructions, receive information; interpret and define OWNER's policies and decisions with respect to CONSULTANT's services for the Project. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to the-CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying.or Changing in any 'way whatsoever unless approved, in advance, by the County Administrator or his designee: (a) The time the CONSULTANT is obligated to commence and complete all such ... servi,ces; or (b). The amount of compensation the owNER is obligated or committed to pay the " ' cONSULTANT provided that the change (or the sum of the changes) amounts to 10 percent or less, of the current Board approved amount and dOes not exceed $50;000. 3.2. The Project Coordinator shall: (a) Review and make appropriate recommendations on all requests sUbmitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to design or construction of the Project, (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided bY CONSULTANT under this Ag.reement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. 3.3. CONSULTANT acknowledges that access to the Project Site, to be arranged by OWNER for CONSULTANT, may be provided during timeq that are not the normal business hours o:f the ~_,ONSULTANT. 3.4. OWNER shall be responsible for the acquisition of all easements, prOperty sites, rights-of-way, or other proPerty rights required for the Project and for the costs thereof; including- the c_,osts of any required land surveys and provision of O & E reports for properties along the proposed roadway corridor in connection with such acquisition. -. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the _ execution of this Agreement upon written Notice to Proceed from OWNER for all or any -8- ] JUN 081999 designated portion of the Project and shall be performed and completed in accordance with the Project Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of God or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay,- stating the cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder have not been completed within seven hundred thirty-seven (737) calendar days (subject to meeting several interim milestone dates as further described in the detailed scope of services) of the date he~eof, the CONSULTANT's compensation shall be equitably adjusted, with respect to those servides that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of said twenty-four (24) month period. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely and reasonable manner, in addition to any other -9- JUN 0 8 .G. II rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of pay.ment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basi's of C~)mpensation", which is attached hereto and made a part hereof. ARTICLE SiX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement. all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, other than working papers, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of OWNER. CONSULTANT, at its own expense, may retain copies for its files and internal use. OWNER agrees to indemnify and hold harmless CONSULTANT with respect to any. claim, loss or damage, including _at.to[neys fees incurred by CONSULTANT due to the OWNER's use of said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data on .. some other project unless such use is authorized by CONSULTANT. 6.2. With respect to and in consideration for the indemnification provided by OWNER in paragraphs 6.1. above, CONSULTANT agrees to pay to OWNER $10.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement. JUN 0 8 ] ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall have the right to audit, inspect and copy all such records and _documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. The CONSULTANT in consideration of $10.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall protect, defend, indemnify and hole OWNER and its officers, employees and agents harmless from and against any and all losses, penalties, damages, professional fees, including attorney fees and all costs of litigation and judgments .arising out of any willful misconduct or negligent act, error or omission of the CONSULTANT, its Subconsultants, Subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder. The consideration exchanged and the provisions of thiS paragraph shall also pertain to any claims I~rought against the OWNER its officers, employees or agents by any employee of the-named CONSULTANT, or any Subconsultant or Subcontractor, or anyone directly or indirectly employed by any of them. The CONSULTANT'S obligation 'under this paragraph shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the CONSULTANT'S limit of, or lack of, sufficient insurance protection. 8.2. CONSULTANT acknowledges that the general conditions of any construction contract .._..shall include language, satisfactory to the OWNER's attorney, in which the contractor agrees to hold harmless and to defend OWNER, its agents and employees from all suits and actions, including attorney's fees, and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of the construction contract or work performed thereunder. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain an carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person .or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER ;~nd any such other person or firm. Nor shall anything contained herein be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may otherwise exist without regard to this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS A - g, IT' JUN 0 81999 1 1.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. ARTICLE TVVELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section,, for any of the following reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice. 12.2.Jf, after-notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default; . or that its defautlt was excusable, or that OWNER otherwise was not entitled to the remedy . .against-' CONSULTANT provided for' in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed' to be the nc)rice of termination provided for in paragra'ph 12..3 below and CONSULTANT's remedies against OWNER shall be the same as and limited to those afforded CONSULTANT under paragraph 12.3 below. JUN 0 8 1'$99 .--. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT's recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, dr.awings, models, and other material set forth and described in this Agreement. 12.5. The OWNER shall have the power to suspend all or any portioqs of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior wr'itten notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Ar[icle Four herein. ' ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed of' r. etained any company or perso, n, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay' any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, anY fee, commiSsion, percentage, gift or any other consideration contingent upon or resulting from the award 0~: making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement. price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification 0r chafige in this Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD JUN 0 8 t599 16.1. All notices required or made pursuant to this Agreement to be given by the .--. CONSULTANT to the OWNER shall be in writing and shall be delivered by hand or by United States Postal Service Depadment, first class mail service, postage, prepaid, return receipt requested, addressed to the following OWNER's address of record: Board of County Commissioners, Collier County Florida c/o Public Works Engineering Department 3301 Tamiami Trail East Naples, FL. 34112 Attention: Robert C. Wiley, P.E. 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand or by the United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following CONSULTANT's address of record: Agnoli, Barber and Brundage, Inc. 7400 Tamiami Trail, Suite 200 Naples, FL 34108 Attention: Mr. Daniel W. Brundage, P.E. .. 16.3. Either party may change its address of record by written notice to [he other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and ' assume towards OWNER a dut-y of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. -]6- JUN 8 8 1999 17.3. This Agreement is not assignable, in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained .in this - -Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, initially consisting of fifty (50) continuously numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. ARTICLE EIGHTEEN APPLICABLE LAW 18.1. Unless otherwise specified, this Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by the laws, rules and regulations of the United States _ when providing services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this- - Agreement must be brought in the appropriate Florida state court in Collier County, Florida. JUN 0 8 1999 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for the day and year first written above. PAGF. 2 or' 3 ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL Dwight E. Brock, Clerk SUBDIVISION OF THE STATE OF FLORIDA [AND AS EX-OFFICIO THE GOVERNING By: BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT] Date: By: Pamela S. Mac'Kie, Chairwoman Approved as to form and Assistant County Attorn,.y AGNOLI, BARBER AND BRUNDAGE, INC. kDaniei~/v. Brundage, ~ .E. President (Print or Type Name) (CORPORATE SEAL) Witness (2) / (Print or Type Name) JUN 0 8 19'9.9 pG. ,ga SCHEDULE A SCOPE OFSERVICES Schedule A consists of the following component Parts: A.1. DESCRIPTION OF PROJECT A.2. DESIGN SERVICES - A.~. SCHEDULE A.4. CONSTRUCTION BlD SERVICES (Not implemented at this time) A.5. CONSTRUCTION CONTRACT ADMINISTRATION (Not implemented at this time) A.~.' DETAILED OBSERVATION OF CONSTRUCTION (Not implemented at this time) A.1. DESCRIPTION OF PROJECT. A.1.1. The project consists of the complete design of Livingston Road from Golden Gate Parkway to Vanderbilt Beach Road. This project is a combination of two County roadway projects as follows: Project No. 60071 Livingston Road (Golden Gate Parkway to Pine Ridge Road) Project No. 62071 Livingston Road (Pine Ridge Road to Vanderbilt Beach Road) A.1-.2. Project 60071 - Livingston Road (Golden Gate Parkway to Pine Ridge Road) The Collier County Public Works Engineering Department (P.W.E.D.) has recently completed the design of Livingston Road from Radio Road through the intersection of Golden Gate parkway. The OWNER has obtained aerial photography (raster imagery) and survey cross sections (10'0' spacing) for the Livingston Road corridor and has prepared a preliminary access management plan and typical roadway sections. Additionally, within the limits of the Pine Ridge Road existing right_of, way, the provision for a plateaued intersection at Livingston Road and Pine Ridge Road has been included in an ongoing design contract for 6-lane improvements to Pine Ridge Road. The OWNER will provide the design drawings to 6;ONSULTANT in an electronic format so'that the design of Livingston Road can be coordinated with the Pine Ridge Road intersection design. It is anticipated that intersection design at Pine Ridge Road by CONSULTANT will be limited to coordination with Pine Ridge Road design plans and modifications to signals to reflect the new Livingston Road'lane configurations. This segment of roadway is approximately 2.5 miles in length and is to be desigr~ed as' a 4-lane urban arterial with the ability to construct two additional lanes W~'tbiin the median when traffic demand requires the expansion. Where the roadway fronts the Wyndemere development, the riorthbound lanes (under the initial 4-lane construction) are to be shifted to the west to maximize the distance from Wyndemere. To further protect the residents of Wyndemere ,:rom the impact of.the road, a vegetated earthen berm topped with a noise reduction wall will be -:0- J U N 0 8 t,S9..q designed along the eastern side of the roadway. This berm/wall facility will extend from the southern end of Wyndemere to their entrance. North of Wyndemere's entrance, their Pond Apple Preserve will probably preclude the use of a berm, but an evaluation on the need for a noise reduction wall will be made and a wall designed if needed. Provision will be made in the design of the drainage facilities to accommodate the addition of the third northbound lane (when the expansion to 6-lanes is needed) to the outside where this shift occurs. Thus, the effect under the initial 4-lane construction condition is to transition the northbound lanes from the two outside lanes to the two inside lanes as the roadway passes Wyndemere, and then transition back to the two outside lanes. The lane shift will be eliminated, when the roadway is 6-1aned. This roadway segment design will match with the design of the full Livingston Road cross section at approximately roadway station 173+00 north of the Golden Gate Parkway intersection (as designed by P.W.E.D. staff) and proceed through the intersection of Pine Ridge Road to approximately roadway station 206+00 to match with the full Livingston Road cross section for Project No. 62071. Right-of-way acquisition must begin in August, 1999. The CONSULTANT will provide a complete right-of-way map to the OWNER by August 15, 1999. " This segment of roadway design includes signalization design for the Wyndemere/Grey Oaks intersection and modifications to the signals at Pine Ridge Road. ... The design of the roadway within the corridor includes the design of a 12-inch water main along the eastern side of Livingston Road from Golden Gate Parkway to connect to the Wyndemere development's existing 16-inch water main. There may also be a relocation of the existing 16-inch water main from the' Wyndemere service to the northern edge of the Wyndemere development. The project also includes the design of a 20-inch reclaimed water main along the western side of Livingston Road that will extend from Golden Gate Parkway to connect to a 20-inch reclaimed water main on the north side of Pine Ridge Road. -21- JUN O 8 P.W.E.D. staff have anticipated two stormwater discharge outfalls for this project. The southern outfall to a detention pond in the southeast corner of the Livingston Road/Golden Gate Parkway intersection (constructed as part of the Livingston Road from Radio Road to Golden Gate Parkway) will handle the roadway discharge from approximately the northern extent of Wyndemere south to the Golden Gate Parkway intersection. North of Wyndemere, the eastern outfall will utilize the existing outfall channel from the Kensington development and connect to two (2) culverts under 1-75. The consultant is responsible for verifying the adequacy of these outfalls and designing the appropriate stormwater management facilities for the roadway and . the offsite areas that will also use the limited discharge points. A.1.3 Project 62071 - Livingston Road (Pine Ridge Road to Vanderbilt Beach Road) -- This segment, of roadway is approximately 2.0 miles in length and is to be designed as a 4-lane urban arterial with the ability to construct two additional lanes within the median when traffic demand requires the expansion. The OWNER has obtained aerial photography (raster imagery) and survey cross sections (100' spacing) for the Livingston Road corridor and has prepared a preliminary access management plan and typical roadway sections. This roadway segment design will match with the design of the full Livingston Road cross section at approximately roadway station 206+00 north of Pine Ridge Road (as designed by CONSULTANT) and proceed through the intersection of Vanderbilt Beach Road to approximately roadway station 323+00 to match with the full Livingston Road cross section for Project No. 62061. Right-of-way acquisition must begin in June, 1999. The CONSULTANT will provide a complete right-of-way map to the OWNER by May 31, 1999. This segment of roadway design includes complete signalization design for two intersections in the Livingston Woods area plus the intersections at Orange Blossom Drive and Vanderbilt Beach Road. ! JUN 081S99 !' _._ The design of the roadway within the corridor includes the design of a 12-inch water main along the eastern side of Livingston Road from Pine Ridge Road to Vanderbilt Beach Road. P.W.E.D. staff have anticipated two stormwater discharge outfalls crossing under 1-75 for this project. The southern outfall will utilize an existing ditch along the section line between Sandalwood Lane and Hunters Road. The northern outfall will utilize an existing ditch along the .3outhern border, of the Village Walk development. The c.onsultant is responsible for verifying the adequacy of these outfalls and designing the appropriate stormwater management facilities for the roadway and the offsite areas that will also use the limited discharge points. A.2. DESIGN SERVICES The CONSULTANT is responsible for the full, turn-key design of Livingston Road from the northern extent of the intersection with Golden Gate Parkway through the northern extent of the intersection with Vanderbilt Beach Road. The CONSULTANT, as identified in the submitted proposal, is Agnoli, Barber and Brundage, Inc. with Johnson Engineering, Inc., Tindale-Oliver and Associates, Inc., and Law Engineering and Environmental Services, Inc. identified as sub- consultants..The following sub-sections identify specific areas of design activity, but are not intended to relieve the CONSULTANT from anything less than providing complete design, documentation, plans preparation, special conditions, general conditions, suppiemental conditions, specifications and bid and Agreement forms of Livingston Road in a format a~:ceptable and ready for release by the OWNER for construction of the ProjeCt: The CONSULTANT shall also provide detailed opinions of probable total Project construction co§ts in writing for OWNER's review and approval at the 60%, 90% and 100% Plans submittal stage. -23- JUN 0 8 !6'39 pG. A.2.1. Engineering and Land Surveys- In addition to using the existing surveying information provided by OWNER, the CONSULTANT shall be responsible for obtaining all additional supplemental surveying needed for design and/or right-of-way tasks. A.2.2. Geotechnical Services- In addition to using the existing geotechnical information (from Ardaman and Associates, Inc. dated 2-21-96) provided by OWNER, the CONSULTANT shall be responsible for obtaining all additional supplemental geotechnical information needed for the design tasks. A.2.3. Roadway and Utility Plans - CONSULTANT shall provide complete and accurate roadway and utility design plans, design calculations and all other documentation in accordance with the Florida Department of Transportation Plans Preparation Manual (30%, 60% and 90% plans) and Collier County Public Works Division design standards unless otherwise agreed to in writing by the project coordinator. Roadway plans shall include utility line locations. Utility ~-...design plans shall be shown on separate sheets and numbered accordingly. Plans shall be in English units. Plans submittals to the OWNER for review purposes shall be 24" x 36" sheet size with a minimum of three sets provided. A.2.4. Utilit.y. Relocation Plans - The CONSULTANT shall provide full engineering design services for relocation of existing utilities, including, but not limited to, utility company coordination efforts, notificatioris, and preparation of utility relocation plans to ensure the' constructability of the roadway project. This section is not to be interpreted to mean that the cONSULTANT assumes the actual design responsibilities normally performed by the-utility companies for electrical, telephone and other cable utility facilities within the road right-of-way. A.2.5. Right-of-Way Maps - The CONSULTANT shall develop a right-of-way map for the project and provide legal descriptions and parcel sketches necessary for any property acquisitions. This information shall be provided at the time of 30% plans submission and modified as necessary if changes occur as a result of subsequent design activities. A.2.6. Signalization Plans - The CONSULTANT shall be responsible for the development of complete intersection signalization design plans and specifications, including but not limited to researching and developing traffic projections for initial signal timings, intersection geometry, signal head locations, mast arm or other OWNER approved signal support system design, etc. The final locations of signals shall be in accordance with the OWNER's Access Management Plan as may be modified by the CONSULTANT, during the preparation of the 30% Plans and Design Report. A.2.7. Signing and Marking Plans - The CONSULTANT shall prepare complete signing and marking plans in accordance with Florida Department of Transportation and Collier County Public Works Division standards. A.2.8. Sireet Lighting Plans -- The CONSULTANT shall prepare complete street lighting plans in accordance with Florida Department of Trar~sportation and Collier County Public Works I~ivision standards. The CONSULTANT shall coordinate, through the project coordinator, the street lighting design with the surrounding developments to ensure local community compatibility and aesthetic acceptance. A.2.9.,, Permits - The CONSULTANT shall prepare all required permit applications necessary for the construction of the complete roadway and utility design pr. ojeCt. "The CoNSUL'TANT shall provide all necessary response information to the appropriate regula-tgry agencies to obtain approved pe~'mits. The OWNER is responsible for alt permit application fees which are separate from the 'cost proposal attached to this AGREEMENT. A.2.10. Final Contract Documents (100% Plans) - The CONSULTANT shall prepare Final ...-..Contract Document plans, specifications, and any other documents required for bidding the project. These shall be prepared upon receipt of review comments from the 90% plans. A.2.11. Advisory Services - As needed and requested by the OWNER, the CONSULTANT shall be readily available to perform advisory services and assistance in such matters as, but not limited to, preparation of sets of bid and contract documents, assist with the pre-bid conference, respond to bidder's inquiries, prepare bid addenda items (where such addenda items are not clearly ar~ omission from the bid plans/specifications/documents), assist in reviewing-the bids for contract award, and attend a pre-construction conference. Advisory services shall be paid on a time and materials used basis. A.2.12. Post Design Services - The CONSULTANT shall be responsible for obtaining the Florida Department of Environmental Protection Utility Main Extension Permits, review of shop drawings submitted by contractor, rapid response for clarifications to th.e plans, specifications, and/or contract documents prepared by the CONSULTANT, performance-of a final inspection for conformance to the plans, preparation of permit certifications, and preparation of record drawings using information obtained from the contractor or construction engineering inspector and verified by CONSULTANT. The CONSULTANT will visit the construction site on a periodic basis to ensure conformance to the prepared plans, with the time spent on these site visits to be billed on a time 'and materials basis, with a cost not to exceed maximum as identified in the cost propo~a!.-. : A.2.13. Constructability Review - Upon receipt of the 90%.design p_lans, the.OWNER will conduct an ir~dependent constructability review of the project. This independent review may be performed by OWI~ER's staff or an independent consultant firm. o A.3. SCHEDULE -2~,- JUN O 8 lg:~9 ] A.3.1. Project Schedule - Within 10 days of receiving the Notice to Proceed, the CONSULTANT shall develop a baseline project schedule using Microsoft Project showing the detailed breakdown of design task items in a format acceptable to the OWNER. CONSULTANT shall be responsible for updating this project schedule on a monthly basis and providing a copy (both paper and electronic) to the project coordinator. The updated schedule shall show the current status of the project compared to the baseline schedule. A.3.2. Progress Meetings - CONSULTANT shall keep OWNER informed as to the status of the project design through no less than monthly meetings at the project cqordinator's office unless otherwise agreed to by the project coordinator. A.3.3. Project Milestones - As identified in the original Request for Proposals, meeting milestones for the Various deliverables is essential. The milestone dates for each phase of the project are as follows: Proiect 60071 (Golden Gate Parkway to Pine Ridqe Road) " August 15, 1999 30% design plans, right-of-way map, and legal descriptions and sketches ' November 30, 1999 60% design plans, specifications, calculations, and cost estimate March 31,2000 90% Design Plans, specifications, calculations, and cOst-estimate ... June 30, 3000 100% design plans, specifications, calculations and cost'estimate October 2, 2000 Construction Start ' Project 62071 (Pine Ridqe Road to Vanderbilt Beach Road) August 15, 1999 30% design plans, right-of-way map, and legal descriptions and sketches August 31, 2000 60% design plans, specifications, calculations, and cost estimate -:7- JUN 0 8 1S99 January 31,2001 90% Design Plans, specifications, calculations, and cost estimate April 30, 2001 100% design plans, specifications, calculations and cost estimate October 1, 2001 Construction Start A.4. CONSTRUCTION BID SERVICES (Not Implemented At This Time) A.4.1. CONSULTANT shall assist in securing bids and' (a) provide interpretation and clarification of Contract Documents during bidding; (b) coordinate bid process with Collier County Purchas. ing Department including advertisements, publications, Contract Document sales and receipt of bids; (c) distribute Contract Documents during bidding phase to prospective bidders; (d) 'maintain record of prospective bidders to whom bidding documents have -"-'- been distributed; (e) organize and conduct pre-bid meeting with prospective bidders; " (f) attend the bid opening, prepare bid tabulation sheets and assist OWNER in evaluating bids or proposals and in assembling and awarding contracts for construction, materials, equipment and services; - (g) assist OWNER in evaluating bidder's previous experience, if necessary; (h) prepare and issue addenda as appropriate to interpret or clarify-Contract .. ,~ Documents; " (i) provide OWNER with a recommendation as to the aCceptab'ility of subcontractors, suppliers and other persons and organizations proposed by the bidders for those' portions of the work as to which such acceptability is required by the Contract Documents; -28- ! JUN 0 8 15:~,~ ~ (j) provide OWNER with recommendation concerning the acceptability of substitute materials and equipment proposed by bidder(s) when substitution prior to the award of contracts is allowed by the Contract Documents; and, (k) make a recommendation of contract award. A.5. CONSTRUCTION CONTRACT ADMINISTRATION (Not Implemented At This Time) A.5.1. Consult with the OWNER and contractors as reasonably required and necessary with ~regard to construction of the Project, including but not limited to pre-construction conference and monthly coordination meeting with OWNER and contractor. A.5.2. Review materials and workmanship of the Project and report to OWNER any deviations from the Contract Documents which may come to the CONSULTANT's attention; determine the acceptability of work and materials and make recommendation to OWNER to reject items not meeting the requirements of the Contract Documents. A.5.3. Recommend to the OWNER in writing that the work, or designated portions thereof, be stopped if, in 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. Such stoppage to be only for a period reasonably necessary for the determination of whether or not the work will in fact comply with the requirements of the Contract Documents. A.5.4. Require that any work which is covered up without being properly observed-be uncovered for examination and restored at contractor's expense if deemed appropriate by the CONSULTANT. A.5.5. Issue interpretations and clarifications of Contract Documents during construction, ,---- and evaluate requests for substitutions or deviations therefrom. Notify OWNER of any such requested deviations or substitutions and when reasonably necessary provide OWNER with a recommendation concerning same. Prepare work change orders as directed by OWNER. A.5.6. Submit to OWNER, in a format acceptable to OWNER, [INSERT FREQUENCY INTERVAL HERE] progress and status reports, including but not limited to manpower, amount of work performed and by whom, equipment, problems encountered, method to correct 'problems, errors, omissions, deviations from Contract Documents, and weather conditions. A.5.7. Review shop drawings, diagrams, iljustrations, catalog data, schedules and samples, the results of laboratory tests and inspections, and other data which contractors are required to submit for conformance with the design concept of the Project and compliance with the provisions of the Contract Documents. A.5.8. Monitor all required Project records, including but not limited to delivery schedules, inventories and construction reports. Based upon the Project records, as well" as CONSULTANT's observations at the site and evaluations of the data reflected in contractor's application fo~' payment, CONSULTANT shall render a recommendation to OWNER concerning the amount owed to the contractor(s) and shall forward the contractor's application for such amount to OWNER. Such approval of the application for payment shall constitute a representation by CONSULTANT to OWNER, based on observations and evaluations, that: (a) the work has progressed to the point indicated; (b) the work is in substantial accordance with the Contract Documents; and (c) the contractor(s) is (are) entitled to payment in the recommended amount. A.5.9. Receive and review all items to be delivered by the contractor(s) pursuant to the Contract Documents, including but not limited to all maintenance and operating instructions, -30- JUN 0 8 l~J9 schedules, guarantees, warranties, bonds and certificates of inspection, tests and approvals. CONSULTANT shall transmit all such deliverables to OWNER with CONSULTANT's written comments and recommendations concerning their completeness under the Contrac Documents. A.5.10. Support the OWNER'S efforts to negotiate with the contractor(s), the scope and cost of any necessary contract change orders, using as a basis for such negotiations data or other information emanating from the Contract Documents, including but not limited to the bid sheet, technical specifications,, plans, shop drawings, material specifications, and proposed material and labor costs. At OWNER'S request, prepare, recommend and submit for OWNER'S approval such change orders under the owner's direction and guidance. Under no circumstances shall the. CONSULTANT be authorized to make commitments on behalf of or legally bind the OWNER in any way to any terms or conditions pertaining to a prospective change order. A.5.11. -Upon receiving notice from the contractor advising CONSULTANT that the Project is substantially complete, CONSULTANT, shall schedule and, in conjunction with OWNER, ~onduct-a comprehensive inspection of the Project, develop a list of items needing completion or correction, forward said list to the contractor and provide written recommendations to OWNER concerning the acceptability of work done and the use of the Project. For the purposes of this provision, substantial completion shall be deemed to be the stage in construction of the ' Project where-the Project can be utilized for the purposes for which it was intended, and where minor items need not be fully completed, but all items that affect the Opei'ational integritY and function of the Project are capable of continuous use. .. -. A.5.12. Perform final inspection in conjunction with OWNER, and assist OWNER in closing out construction contract, including but not limited to, providing recommendations concerning acceptance of Project and preparing all necessary documents, including but not limited to, lien ~--waivers, contractor's final affidavit, close-out change orders, and final payment application. A.5.13. Prepare' and submit to OWNER upon completion of construction of the Project, five (5) sets of record drawings and one (1) set of reproducible record drawing mylars of the work constructed, including those changes made during the construction process, using information supplied by the contractors and other data which can reasonably be verified by CONSULTANT's personnel. A.5.14. 'Prepare and submit to OWNER upon completion of construction of Project a final report of variations from the construction Contract Documents, including reasons for the variations. A.6. DETAILED OBSERVATION OF CONSTRUCTION (Not Implemented At This Time) A.6.1. Construction work shall be done under the full-time observation of at least one representative of CONSULTANT; or by such addit'ronal representatives of the CONSULTANT as may be necessary for observing the construction of the Project, as may be authorized and approved by the OWNER. A.6.2. During detailed observation of construction CONSULTANT shall act to prote, ct OWNE~R's inte'rests in Project and: (a) take 3 x 5 color 35 mm photographs of important asPects of the Project,' including by way of example and not limitation,-ail-[INSERT-TYPICAL ITEMS TO BE PHOTOGRAPHED HERE] for'future reference, process and . submit same together with corresponding negatives on a continuous basis to OWNER; such pictures to be properly categorized and identified as to date, time, location, direction and photographer, with subsequent notations on drawings; (b) maintain appropriate field notes from which record drawings can be generated; (c) maintain appropriate field records to document any and all disputes or claims, whether actual or potential with respect to construction of the Project; and (d) observe operation or performance testing and report findings to OWNER and contractor [optional insert i.e., including copies of bacteriological and pressure tests when potable water lines are. involved upon completion of operable units]. END OF SCHEDULE A -33- JUN O 8 i~59 SCHEDULE B BASIS OF COMPENSATION Schedule B consists of the following component parts: B.1. BASIC SERVICES B.2. REIMBURSABLES B.3. PAYMENT PROVISIONS ATTACHMENT A, SCHEDULE OF FEES FOR BASIS SERVICES ATTACHMENT B, CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE B.1. BASIC SERVICES B.1.1. As consideration for providing Basic Services as set forth herein in Parts A.2 and A.3, (Parts A.4, A.5 and A.6 have not been implemented at this time) of Schedule A, OWNER agrees - to pay, and CONSULTANT agrees to accept, the fixed fees, or unit cost rates for items billed on a time and materials basis, as shown on "Schedule B, Attachment A, Schedule Fees-fcJr Basic Services". .. *' B.1.2. Payment For Basic Services under Parts A.2 and A.3 of Schedule A (Parts A.4, A.5 and A.6 have not been implemented at this time) that are identified as fixed fee items in "Schedule B, Attachment A, Schedule of Fees for Basic Services" shall be paid based upon receipt of an invoice from the CONSULTANT submitted no more than once a month. Progress payments for incomplete tasks shall be based upon the percentage of work completed by CONSULTANT, not on the-percentage of time expended. The CONSULTANT shall provide the project coordinator with satisfactory explanations on the work being billed as completed to date on the invoice. B.1.3. Payment For Basic Services under Parts A.2 and A.3 of Schedule A (Parts A.4, A.5 and A.6 have not been implemented at this time) that are identified as time and materials in "Schedule B, Attachment A, Schedule of Fees for Basic Services" shall be paid based upon receipt of an invoice from the CONSULTANT submitted no more than once a month. Invoices shall identify the task, billing rate for the person performing the work, and time billed. Payment -for work on time and materials based items shall not to exceed 40 hours per person per week. Payment for services performed by individuals beyond 40 hours, per week or Saturdays, Sundays or holidays, shall be increased by a factor of 1.5 applied to "Schedule B, Attachment B, Consultant's Employee Hourly Rate Schedule" provided such overtime work is approved by OWNER in advance wheneder possible and not due to CONSULTANT'S own fault or neglect. The CONSULTANT shall provide the project coordinator with satisfactory explanatiohs on progress of the work being billed on the invoice. The amounts shown on "Schedule B, Attachment A, Schedule of Fees for Basic Services" for time and materials items shall be considered as a maximum cost not to exceed. " B.2. REIMBURSABLES B.2.1. For reimbursable items, the invoice shall match the receipt, a copy of which shall be provided as support documentation. Reimbursable costs shall mean the actual expenditures made by the CONSULTANT while providing Basic Services in the interest of the ProjecL listed o in the following sub-paragraphs: . (a) expenses for transportation and subsistence incidental to out-of-town travel required by CONSULTANT and directed by OWNER, other than visits to the Project Site or OWNER's office; JUN 0'8 1999 (b) expenses for preparation, reproduction, photographic production techniques, .--. postage and handling of drawings, specifications, bidding documents and similar Project-related items in addition to those otherwise required in Pads A.2 and A.3 of Schedule A (Parts A.4, A.5 and A.6 have not been implemented at this time) of Basic Services; (c) when authorized in advance by OWNER, except as specifically otherwise provided herein, the expense of overtime work requiring higher than regular rates; and (d) expenses for renderings, models and mock-ups requested by OWNER. B.2.2. By way of example and not limitation, reimbursable cOsts shall specifically not include expenditures, except as otherwise described in paragraph B.2.1., such as: (a) expenses for {ransportation and subsistence; (b) overhead, including field office facilities; (c) overtime not authorized by OWNER; or (d) expenses for copies, reproductions, postage, handling, express delivery, and long distance communications. B.3. PAYMENT PROVISIONS B.3.1. In no case shall the fixed fee or time and materials figures on Schedule B Attachment A be exceeded without a change in the scope of the project being approved by the County Administrator or his designee. B.3.2. Payments will be made for services rendered, no more than on a monthly basis, within thirty (30) days of submittal of an approvable invoice. The project number and number of the purchase order by which authority the services have been made, shall appear on all invoices. All invoices shall be reasonably substantiated, identify the services rendered and must be ubmitted in triplicate in a form and manner required by OWNER. B.3.3. CONSULTANT acknowledges that Attachment A - Schedule of Fees for Basic Services, and Attachment B - Consultant's Employee Hourly Rate Schedule, each attached to this Schedule B, are incorporated herein and will be the basis for OWNER's budgeting, authorizing and monitoring of expenditures under this Agreement. B.3.4. As compensation for coordinating sub-consultant activities (other than Johnson Engineering, Inc., Tindale-Oliver and Associates, Inc., and Law Engineering and Environmental Services, Inc. which submitted as sub-consultants as a part of the original proposal) for - OWNER, CONSULTANT shall be allowed an administrative fee not to exceed ten percent (10%) of the actual cost of services rendered under Additional Services. For the purposes of this provision the actual cost of services rendered shall not include any mark-up between the vendor who actually performed the services and any sub-consultant No administrative fee or mark-up shall be paid in conjunction with the provision of Basic Services as set forth in Pads A.2 and A.3 of Schedule A (Pads A.4, A.5 and A.6 have not been implemented at this'time). END OF SCHEDULE B. JUN 0 8 1.999 SCHEDULE B - ATTACHMENT A SCHEDULE OF FEES FOR BASIC SERVICES See the fee schedule provided by CONSULTANT for the project phases as follows: Project No. 60071 (G.G. Pkwy. to Pine Ridge Road) pages 38A through 38D Project No. 62071 (Pine Ridge Road Jo Vanderbiit E, ch. Road) pages 38E through 38H -38- JUN_~ 8 1,999 AGNOLI BARBER & BRUNDAGE ~99 LIVINGSTON ROAD - SEGMENT ONE SUMMARY FEE SHEET TASK 1.00 - ENGINEERIN~ AND LAND SURVEYS Task Task Man Av~l Calc Prop Fee # Description Hours Rate Fee Fee Type 1,01 Desitin Survey 7.735 a. ObtaJn supplemental topo to update aedaJs 60 85 5.100 FF b. Obtain supplemental utility information 20 85 1,700 FF c. Ground corttrol for new photog ,ra~ of out'rails 11 85 935 FF 1.02 Right-of-Way Su~e~f 21,760 a. Section Ties 96 85 8,160 FF b. SubdMsion 33es 160 85 13,600 FF Sub-Total Task 1.00 347 29,495 29,495 TASK 2.00 - GEOTECHNICAL SERVICES Task Task Man Hours Av~ CaJc .Prop Fee # Description o~ Tests Rate Fee Fee Tyl~e 2.01 Soil Bodn~ls and Labo~atory-Tesfin~l 19,704 a. SPT and Hand Au?, Jer Soil Bo-ir~ls 49 bo~r'~s 4,890 T&M b. Encjineenr~ Serw::~s 83 hours 73 6,059 FF c. Laborator~ .SaUces. Tests 93 hours 85 7,905 FF d. Pre,?aration o~ Soil D~a She~ 10 hours 85 850 FF Sub-Total Task 2.00 I 19,704 19,704 TASK 3.00 - ROADWAY PLANS Task Task Man Av~ CaJc Pn:~p Fee # Desc~l:~on Hours Rate Fee Fee Type 3.01 Grades and Geometries (30% PAns) 45,410 a. Key Ma~ 10 67 670 FF b. Back of Si~.,,,valk ~ 40 71 2.840 FF c. Drainage Ma3s fl' = 200') 60 80 4.800 FF d. Plan and I::h'o~e S,he~s ('1' - 4~, 180 79 14.220 FF e. TypicaJ Section S~e~ 80 79 6320 FF f. Cross Section Shee~s 144 70 10,080 FF g. Budge~ Estimate 80 81 6,4~0 FF 3.02 Basic Plans {60%) 90.590 la. Key Map 10 651 650 FF 'b. Drainage Ma~ 40 801 3,200 F-F - c. T)/]3icat Sec~on She~s 60 66 3,960 FF d. Plan and Profile Sl'~e~s inc~. Water & Effl. design 220 79 17,380 FF e. Drainage Struct Sheets ir'~. Water &,Effi. Design 90 79 7,110 F~F '-f. Inlersection De, ail SI3e~s 40 79 3,160 FF g. Intemection Pro~le S~s 60 79 4,740i FF - h. Lateral Ditc.~/Out~l Shee~s 70 79 5,5301 FF i. Crass Section Sh~s 150 72 10,800 FF ,1. Pre~imina~ Deign of Storm Water Treatment 120 83 9,960 FF k. Dra~na~le Tat:~ations 60 81 4,860 FF I. Draft Maintenance of Traffic Plan 60 78 4,680 FF m. Draft Bid ~ents 60 80 4,800 FF n. Design Documentation 40 82 3,28,0 FF o. Up-Dated Bud~et Estimate 80 81 6.480 FF 38A 3.03 Detail Plana (90%} 96,400 a. Key Map 10 64 640 FF b. Drainege Map 40 74 2,960 FF c. Typical Section Shest. s 40 70 2,800 FF :d. Summary of Quantit'y Shee~ 160 70 11,200 FF e. Summary of Dra _r~.~. ~ Structure SI'~ 80 70 ' 5,6001 FF [~. Plan and Profile S ._he~_ $ incl. Wat~ & Effi. desitin Z20 70 15.400 FF ~1. Miscell .a'~__~ St~ 80 70 5,600 FF h. Drair~le Stmct. SI'~ incl. Wate~ & Effi. Design 140 70 9,800 FF I. Intemection De~ails and Profiles 60 70 4,200 FF i' Late~l Ditch/Ot.rtfall She~__.~ 50 70 3,500 FF k. Cross Section Shee~ 150 70 10,500 FF I. C.o~nple~ed Storm Wate~ Treatment Design 80 78 6,240 FF m. Maintenance of Traffic Plan 100 82 8,200 FF n. Design Documenta~on 80 82 6,560 FF o. Si~lnal[zafion Plan coor~lination 30 80 2,400 FF p. Stree~ Li~htir~l Plan coordination 10 80 800 FF Sub-Total Task 3.00 ' I 3'0841 232,400 232,400 - TASK 4.00 - UTILITY RELOCATION PLANS TasX Tas~ I ~ AV~l CaJc Prap Fee # Descn~on Houm Rate Fee Fee Type 4.01 Utilit~ N ot~cation I 78 2.340 2,340 FF 4.02 U~ilib/' Coc~ination t , 78 3,120 3,120 FF 4.03 Fina] Utili~ Re~oc.~tic~ P~ans I 1231 73 8.760 8,760 FF ~ i Sub-Total Task 4.00 I 193t 14,220 14.220 TASK 6.00 - RIGHT-OF.WAY MAPS Task Task i Man I Avc. I Cadc Prop Fee # Descnl:fa on t Hours Rate Fee Fee T~/De i 5.01 Right-of-Wa~/Maps (Preliminar~ & FinaJ~) 60 20.160 20.150 FF 5.02 Lec~aJ Descriptions and Parr. el Sk~ches (10) 17 350~ 5.950 5.950 T&M Sub-Tot~ T.sk S,00 i 353l 26.~10 26,1~0 TASK 6.00 - SIGNALL7-.ATION PLANS Task Task , Ma-i , Av~ Calc Prap Fee # 'DescnDbon! t H cx.~ -Rate Fee Fee Type 6.01 R_~-~-.~rch MPO Plan. Hlstoncal Trend Data, Apply 194 65 12.610 12,610 FF MPO Model, Develop AAJ~T, K. D. T and lnta'. Vols. 6.02 Develop Intersection c. le(~'n. ~ X-section desitin data 53 73 3,869 3.869 FF · ' 6.03 Basic Plans 7.8(X) a. New sic. lnaJ at VV~'x:leme~e intersection b. Si~lnaJ Modification at Pine Ridable intersection 40 65 2,600 FF 6.04 De~ail Plans 3.900 ,a. New sic. lnat at VV~ intemection 40 65 2.600 FF ih. Signal Modification at Pine 19.id~e intemection 20 65 1.300 FF Sub-Total Task 6.00 427 28,179 28,179 JUN 0 8 1 99 38B PG~ ~ TASK 7.00 - SIGNING AND MARKING PLANS Task Task I Man Avg Calc Prop Fee # DescriptionI Hours Rate Fee Fee T~pe 7.00 Si~lnir~ ~ IVla'PJr~l Plans 300 73 21,900 21,900 FF Sub-Total Task 7.00 300 21,900 21,900 TASK 8.00-- STREET LIGHTING PLANS Task -Task i Man Avcj Calc Prop Fee # Description I Hours Rate Fee Fee Type 9.00 Street I.J~ht]r~ Plans I 35 90 3,150 3,150 FF Sub-Total Task 8.00 I 3.5J 3,150 3,150 TASK 9.00 - PERMITS Task Task I Man Avc. i Calc Prop Fee # Description t Hours Rate Fee Fee T~e 9.01 Initial Meetdnc~ with P~i~ A~ci~ ~ 20 ~ 1 ,~ 1 ~ FF 9.02 P~ ~~ ~ I~ 75 13.~ 13.~ FF 9.03 P~ R~ I ~ 75 4.~ 4.~ T&M 9.~ ~ldli~~ S~ I~ j 1~3] ~ 8,~ 8,4~ T&M I I Su~T~l T.~ 9.00,I ~1 2~.~ 28.~ TASK 10.00 - FINAL CONTRACT DOCUMENTS {100% PLANS) Task Task i Ma.'~ Av~l CaJc Prop Fee # Desc~tion I H~.,rs Rate Fee Fee T~:)e 10.01 F~nal Pla3s I 230 72 14.400 14,400 FF 10.02 Final Documents t 200 72 14.400 14,400 FF Su -T I Task 10.00 I 28.80C 28, 0 TASK 11.00 - ADVISORY SERVICES Task Task , IV~ , Av~l CaJc Prop Fee # Desc~ ptiont I Hours Rate Fee Fee T~e I 1;I.01 Six (6) Sets Bid & Contract Documents ! 8 65 520 520 T&M 11.02 Issue Complete ~ Documents 16 60 960 960 T&M 11.03 Assist ~ wfth Pre-Bid Confecance , 20 91 1.820 1,820! T&M 11.04 Respond to Bidders Inquiries ! 4.0 75 3.000 3,0OO~ T&M 11.05 Prepare Addenda and Issue I 40 75 3.d00, 3,000~ T&M 11.06 Assist Courm~ w/Bids and Award Contract 20i 83 1.66& 1.660i T&M 11.07 Attend Pre-Construction Ccrrfen~ce 121 86 1,0321 1,032i T&M Sub-Total Task 11.00 ~ 156 11,992 11,992 TASK 12.00 - POST DESIGN SERVICES Task Task I Man Av~l Calc Prop Fee # DesCriptionI Hc~s Rate Fee Fee T~De 12.01 IFDEP Utility Man Extension Pewnits 30 75 2.250 2.250 FF 12.02 iSite Visits 416 71 29,536 29,536 T&M 12.03 :Shop Dravvirx:js 80 68 5,440 5,440 FF 12.04 Cladfications 120 83 9.960 9,960 FF 12.05 Final Inspection 80 78 6.240 6.240 FF 12,06 Permit Certifications 60 71 4,260 4.250 FF 12.07 Record Dfawir~ls 120 68 8,160 8,160 FF Sub-Total Task 12.00 906 65,846 65,846 TASK 13.00 - REIMBURSABLES Task Task No. of Av~ CaJc Prop Fee # Description Sheets Rate Fee Fee Type 13.01 24"X36" Count~ Re, aew Sels ~ 30, 60 90, & 100% 2 se~s (~ 100 shee[s Cavilt - Dlue 800 1.50 1,200 1,200 T&M 1 se~s I~! 100 sheels (,a~) - myta~ 400 5.00 2,000 2,000 T&M 13.02 Utilit~ Company Review Sels - 4 se~s ~ 30 sheets 120 1.50 180 180 T&M 13.04 SFWMD review sets - 14 sets (~ 30 sheets 420 1.50 630 630 T&M 13.05 Ri[Iht-of-wa~ Maps Blue 225 1.50 338 338 T&M Mylam 45 5.00 225 225 T&M 13.06 Misc. Copies, de~ivanes, a,~d o~her expenses I 1,000.00 1,000 1,000 T&M 13.07 New Raster Photo for Outfall Swales 3 2,710.00 8,130 8,130 FF Sub-Total Task 12.00 13,703 13,703 GRAND TOTAL Section I Man Av~l Calc Fee # Description Hours Rate Fee T~/pe 2.00 Basic Desitin Se'vices CTask. s 1.00 - 10.00t I 5,496 79 431,958 3.00 Basic Des~ln Services ,(Task 11.00) 150 77 11,992 4.00 Basic I~i~n Services ,('Ta~ 12.001 906 73 65.846 Re~mbursaJ31es 13,703 GRAND TOTAL t 6.558 523,499 523,499 JUN 0 8 1S' 9 38D AGNOLI BARBER & BRUNDAGE LIVINGSTON ROAD - SEGMENT TWO SUMMARY FEE SHEET TASK 1.00 - ENGINEERING AND LAND SURVEYS Task Task Man Av~l CaJc Prop Fee # Desc~Dtion Hours Rate Fee Fee T',/pe 1.01 Desitin Sur~e¥ 20,570 a. Obtain supp~ementa~ tooo to update aerials 40 85 3,400 FF b. Obtain supplemental utJlib,/irffc~-mation 20 85 1,700 FF c. Out'fall ditch s~ control for photography 182 85 15,470 FF 1.02 RIc. lht-of-Wa~, Sur~e~ 14,0251 a. Section Ties 65 85 5,525 FF b. Subdivision 'l~es 100 85 8,500 FF Sub-Total Task 1.0~ 407! 34,595 34,595 # D, esc~ pl~ont Hours Rate Fee FeeI Type 2.01 Soil Bodn~ls and Labocatory-TestJn~l 22,591 a. SPT arid Hated ~ Sol Bonr~s 105 6,745 T&M b. Er~ineenrx:.l Se~c~s 88 74 6,512 FF c, Labocatc~ Testincj 101 8,4 8,4~4 FF Preqa~'ation of Soil Da~a ~ 10 85 850 FF Sub-Total Task 2.00 304 22,591 22.5911 TASK 3.00 - ROADWAY PLANS Task TasX Man Av~l CaJc Prop Fee # Desch~:~t~on Hours R~e F~ F~ T~ 3.01 Grades and Ge~ (3~ P~ns) 41,720 a. K~ ~ 8 65 ,. 520 FF - b. B~ ~ Si~k ~ 40 70 2.8~ FF c. ~ ~ (1' = ~ 60 80 4,~ FF - e, T~i~ ~ S~ 60 80 4,8~ FF . 3.02 ~slc P~n= (60%) 73,~ a. K~ ~ 8 ' 65 520 FF b. D~e ~ 32 ~ 2,~0 FF ~ -' - e~ D~n~e St~ ~s 80 75 6.~ FF f. Int~i~ ~al S~s 40 ~ 3,2~ FF j. Praimin~ ~gn ¢ St~ W~ T~m~t 80 80 ~,4~ .FF ~ ~eT~t~ 50 75 3,7~ · ~ FF n~ ~ign ~m~i~ - 32 80 2,~0 . FF JUN D 8 1S99 38E 3.03 Detail plans !90%) 78,020 a Key Map 8 65 520 FF tb. Drana~le Map ,, 30' 701 2,100 FF c. Typical Section Shee~s 30 70 2,100 FF d. Summary' of Quantity She~ 120 70 8,400 FF e. Summar~ o~ Drana~e Structure Shee{s 50 70 3,500 FF f. Plan and Pro61e ,Sheets incl. Wata' & Effi, design 140 70 9,800 FF g. Miscell~ Shee~s 60 70 4,200 FF h. Drainage Structure Shee[s 100 70 7,000 FF ~. Intersection Details ar~ Profiles 100 70 7,000 FF ]. Lateral Ditch/Outfall She~s 40 70 2,800 FF k. Crc~s Section Sheet. s 140 70 9,800 FF I. Comple~ecl Storm Water Treatment Desitin 60 80 4,800 FF n. Maintm of Traffic Plan 100 80 8,000 FF o. Signalization Plan cco-dination 30 80 2,400 FF ). Street LJ~htir~l Plan coorclination 10 80 800 FF Sub-Total Task 3~00 2.5C:~ ' 192,830~ 192,830 TASK 4.00 - UTILITY' RELOCATION PLANS Task Task M~n Av~l Calc Prop Fee # Desc~i~ion Hours Rate Fee Fee Type 4.01 Utilib/No(ifics'don 25 75 1,875 1,875 FF 4,02 Utility Coorclination 35 75 2.625 2,625 FF 4.03 FinaJ Utilit~ Ret0ca~on Plans 90~ 75 6,750 6,750 FF Sub-TotalTask.4.00 . - I 150 11,250 11,250 TASK 5.00 - RIGHT-OF-WAY MAPS .-- TaskI Tas.~ I lv'.an Av~l CaJc I ProP Fee _ # Description Hours Rate Fee Fee Type 5,01 Right-of-Wa~/Ma~s (Prehmina'~/& Final) 250 60 15,000' 15,000 FF 5.02 Le~a~ Descriptions and Pa'cci Sketches (10) 101 350 3,500 3.500 T&M Sub-Total Task 5.1)0 260 18,500 18.500 TASK 6.00 - SIGNALIZATION PLANS Task Task Man Av~l Calc Prop Fee # Description Hours Rate Fee Fee T~/pe 6.01 Dev~op Intersectmn ~rn. and X-section clesi~n data 144 73 10,512 10.512 FF 6.02 Basic Plans I 20,800 a. New si~lnal at Ge(x'~;'s Wa~/intersection 80 65 5,200 FF e b. New signal at P,,icJ3aras Wa~ intersection 80 65 · 5,200 FF c. New s~nal at C~ Blossom intersection 80 65 5,200 FF d. New signal at VandeCoilt Beac~ Road intersection 80 65 5.200 FF 6.03 D~aJl Plans · - 10,400 a. New signaJ at Geor~le's Wa~/intersection 40 851 -2,600 FF b. New si!]hal at Rict'~'~s Wa~/intersection 40 65' 2,~0~, '- FF c. New S~lnal at C~ Blossom. intersection 40 65 2,600 ' FF d. New si~lnal at Varx~rbilt Beach Road intemection 40 65 2,600 FF S-b-Total Taak 6.00 624 41 ,7121 41,712 JUN 0 8 1S,~9 I 38F p.~. z/'~, d . ~ TASK 7.00 - SIGNING AND MARKING PLANS Task Task Man Av~l CaJc Prop Fee # Description Houm Rate Fee Fee Type 7.00 Si~nir~ and Marldr~l Plans 240 75 ' 18,000 18,000 FF Sub-Total Task 7.00 240 18,000i 18,000i TASK 8.00 - STREET UGHTING PLANS Task Task t Man Avcj Calc Prop Fee # Descripticxq J Hours Rate Fee Fee Type i 8.00 Stree~ U~l~ir~l Plans I 35 90 3,150 3,150 FF I Sub-Total Task 8.00 i 35 3,150 3,150 TASK 9.00 - PERMITS __ Task Task i Ma:~ Av~l Calc Prego Fee # Description I Hours Rate Fee Fee T~2e ! - .9.01 Initial ~8~Jrl~l ~ P~"r13itl. Jr'~l ,Z~let~es I 10~ 80 800 800 FF 9.02 Penmii Az)plicat~ ohs i 40 75 3.000 3,000 FF 9.03 Permil ReVisions i 401 75 3.000 3,000 T&M 9.04 VWldJife/End .ar~red SOe°es Issues i 100 S4 8,400 8,400 T&M I Sub-Total Task 9.00 j 90 15.20C 15,20C TASK 10.00 - FINAL CONTRACT DOCUMENTS {100% PLANS) Task Task ! MAq Avcj Ca~c Prop Fee # Description ! Haurs Rate Fee Fee T~De 1 10.01 Final Plans i 160 70 11.200 11,200 FF 10.02 Final DoctJments i 160 70 11.200 11,200 FF I Sub-Total Task 10.00 I 320 22.400 22,40C TASK 11.00 - ADVISORY SERVICES Task Task ! ~ Av~l Calc Prop Fee # Description ! H~urs Rate Fee Fee Type 11.01 Six (6) Se~s Bid & C_.4:ntmact Documents ! 8 65 520 520 T&M 11.02 Issue Compie{e ~ Documents t 16 651 1.040 1.040 T&M 11.03 Assist County w~th Pre-Bid Confen~ceI 20 80 1.600 1.600 T&M 11.04 Respond to BidOers Irx~.uiries t 40 75 3,000= 3,000 T&M 11.05 Prepare Addenda and Issue 40 75 3.000 3.000 T&M' 11.06 Assist CmJnty w/Bids and Awan:l Contract 20 80 1.600 1.600 T&M 11.07 Attend Pre-Construct]on ~ 12 801 960, 960 T&M , ' Sub.Total Task 11.00 J 156 11,720 11,720 TASK 12.00 - POST DESIGN SERVICES Task Task t Man Av~l Calc Prop Fee # DescriptionI HOurs Rate Fee Fee T~/pe 12.01 FDEP Utilit~ M~n E.~ens~on Permits 30 75 2,250 2.250 FF 12.02 Site V'~sit s 416 70 29,120 29,120 T&M 12.03 Shop Drawir~ls 50 70 3,500 3,500 FF 12.04 Clarifications 100 80i 8.000 8,000 FF 12.05 Final Inspection 70 80 5,600, 5.600 FF 12.06 ~Pe~rnit Certifications 50 70 3.5001 3,500 FF 12.07 Record Draw~n~ls 100 70 7.000 7,000 FF Sub-Total Task 12.00 816 58,970 58,97C J U N 0 /'/7 TASK 13.00 - REIMBURSABLES Task Task Man Avcj Caic Prop Fee # Description Hours Rate Fee Fee Type 13.01 24"X36~ County ReWew Sets (~ 30, 60 90, & 100% 2 ~'~ (~ 100 she~_ ~ (avg) - blue 800 1.50 1,200 1,200 T&M 1 se~s @ 100 sheet~_ -~ (avg) - m~ar 400 5.00 2,000 2,000 T&M 13.02 Utility Company Review Se~s - 4 sets (~ 30 sheets 120 1.50 180 180 T&M 13.04 SFVVMD review se~s - 14 sets ~ 30 sheets 420 1.50 630 630! T&M 13.05 Ri~lht-of-way Maps Blue 225 1.50 338 338 T&M M~ars 45 5.00 225 225 T&M 13.06 ;Misc. Copies, detivenes, az~d other ex~ I 1,000.00 1,0(30 1,000 T&M Sub-Total Task 12.00 5,573 5,573 GRAND TOTAL Section Ma~ Avc. i Calc Fee # Description Hours Rate Fee Type .2.00 Basic Design ,SedUces (Tasks 1.00 - 1000t 4,998 76 380,228 3.00 IBasic Design S~'wces ('Tas~ 11.00) 1561 75 11,720 4.00 Basic Desitin Serwces Crask 12.00) 8161 72 58,970 Reimbursa~es 5,573 GRAND TOTAL 5,970 456,491 456,491 SCHEDULE B - ATTACHMENT B CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE See the employee hourly rate schedules for each consultant/sub-consultant on the following pages' Agnoli, Barber and Brundage, Inc. page 39A Johnson Engineering, Inc. page 39B 'Law Engineering and Environmental Services, Inc. pages 39C and 39D Tindale-Qliver and Associates, Inc. page 39E JUN O 8 t~99 ~n~l x~NO!.I mmmmmm~ IIi IIm RATE SCHEDULE - EFFECI IrE APRil. 14, 1999 Registered Engineer/Principal gl 30.00 Sr. Reg~tered Engineer $105.00 Hr. RegJst~ed Engineer $ 88.00 Hr. Sr. Desi~ Engineer S 77.00 Hr. Design Engineer S 6600 Hr. Technicimn g 42.00 Hr. ~ Pe~it Coordinator S 72.00 Hr CADD Degigner ~ 70 00 Hr. CADDpt~er g ?0.00 Hr. Pl~ning Director S 115.00 }k Admini~tive Ptam~cr ~115.00 Hr Cemficd Pl~ner AICP S 88.00 Hr. Proj~t Pl~ner~Wrb~ Desi~ncr S ?2.00 prolect M~ager S 83.00 Hr. Project Manager (P LS.) $ 105 00 Hr. Project Manager (P E) S 110.00 Hr Sr. Project Manager (P.E) $115.00 Hr. Sr. Reg,stered Surveyor S ! f)5 00 Hr. Reg{~cr~ Surveyor $ 77 00 Hr. ~ Techn,cian I S 50.00 Hr Tecbm~cian I1 g 55 O0 Hr. Technicimn III S 66.00 Hr. Techmcian IV g 72 00 Hr. Two Man Survey Crew 5 88 00 Hr. Three Man Su~ey Crc~ S 99.00 HL Four Man Su~ey C~e~' gl 10.00 Hr. line Man Survey Cre~ gl21.00 Hr. GPS C~cw g200 00 lit. Con,oiler - g 7200Hr. Design D~ftsman $ 50.00 Hr Draftsman g 40.00 Co~ier S 22 O0 Hr. Clerical I $ 40.00 H, Clerical II S 45 00 Hr. Bookkctpar $ 55.00 Hr. Blueprints 24 x 36 ~ I 50 Blueprint~ 36 X 4~ $ 2.50 ~. Myla~ Sepia 24 x 36 $ 15 00 Ea. MyI~ ~p~a 36 x48 $ 20 00 Ea. Co~es 8-1~ x I I S .05 Copies 8-1/2 x 14 ~ . 0) Copies 11 x 17 $ 10 ~. Aerial Target 6' $ 7.00 Aerial Target_iT Ground $ 14 00 Ea. Aerial Target 12' Road S 21 00 Ea. ~ Mileage $ 3l Mi. d-Wheel Mxleage $ .50 Mi Regtatered Engi~ecr/Expc~ W:tnega $220.00 Hr Ce~ifiod Pl~er~xpett Witness $220.00 ~r. ; ~....~~ Registered SumeyoffExpcn W~tnesa $220.00 itt. ~ll Of~i~e~ 7'1{}O J .mli.mu Tr,nl N , .Xmlc 200, N.~plcs, [:{or}tla .~41 {IR (941 ) 597 .4 { ] I FAX (94 ~c Cx,unly. 162~, }tc,xd, y ~,, qtt;tc 101, F,,rt Mvc,~, Fh,,M., .LR~}t)I 1941) 334 1173 F.~X' (o41) .~.~4 3 9A ........ [NOM ' [',~r,~Sonlc FliX ·J/-,lkIlC' PHONE ~ID. : 941j662=03 ~ '~ Mo~j. 17 1999 ll:86AM PI JOHNSON ENGINEERING, INC. ~Ngm, a P~ · ~ ~% ENGINEERS. SURVEYORS AND ECOLOGISTS 2~0 ~EN GA~ PKY/¢ -ELEPHO' ;E ' 941 ) 424~3 ~ 3 -ELECOP ER '~4D 43~9320 -~ ',APLES FLORIDA 3~ts RATE SCIIEDULE E/fective July I. 1998 PRO[.'ESSIONAL SER VICES Er, ginecr VI $ 11:5 00 Per Hour Engineer V S 98 00 Per Hour Engineer IV S 92.00 Per Hour Engineer Ili $ 8000 Pet Hour Engineer, II $ 70.00 Per Hour Engmc:: I $ 58 00 Per Hour gngin~::',ng Tcch.n:cian VI $ 7000 Per Hour Engineering Tcch.",ician V $ 5800 Per Hour .. Eng,.".eenng Technician IV g 50.00' Per Hour Eng:n:'crmg 'rech:31c~an Ill .q;,44.00 Per Enginezr:ng Tc~.hmc~a:: II $ '39.00 Pc~ Hour grig:neet, cng T~hn,cmn I $ 31.00 Pc'r Hour Surveyor and Mapper V 5; 97.00 Per Hour - Surveyor and Mapper IV $ 82.00 Per Hour So,, e.vor :md Map.:x:r III $ '7,2 00 Per Hour Surveyor and Mappm [I $ 65 00 Per Ho'ar Su~'eyor and Mapper.! $ 58 ¢10 Pc~' Hour Survey Techmc:~n VI $ 05.00 Per Hour _. S,~rvey Techmc~a.'-: V S 58.00 Per Hour Su."vey Tcchmc:an !V S 50 I)0 Pcr Hour S'.:.-vey Tcc.'anicmn Ill $ 44 00 Pm Hour Survey Techn:c:a.q II $ 39 O0 Per Hour ~ Sur,,:y TecNnc~an I " $ 3100 Per Hour " Two Ma.n Field ?any $ 85 00 Pcr Hour ' Tarcc Man Fie',d Path' $ 96 00 Pc[ Hour Four Man Field P.~'-ty $ . 06.00 Per Hour Project D:rccmr ~ 102.00 Per Hou~ Pla'mc* S 75 O0 PeT Hour Project Se.~.'mcs IV $ 72 00 Per Hour Project Sen. lees III S 6200 P~ Hour $ 54 00 Pcr Hour Proj~t ~vi~s i S 47 00 Pm Hour ~ologi~t V S'-- 95.0~ Per Hour Ecologist IV S 75-0(1 . Per Hour- Ecolog~ Iii S ~68 06 ,' P~ Hour Ecologist II $ 55 00 P= Hour Ecologist I g 45 00 Pc, Hour Exi~n Wi~css S 144.00 Per tlotlr DD X t~TE.~ Computc~ Terminal $ 8 O0 Per Hour I)iglhz~ Terminal $ 075 Per Mm Ploncr Terminal $ ~ 00 Per Mi~7~A Cost ~ ~10% 39B - LAW ENGINEERING AND ENVIRON~IENTAL SERVICES. INC. 1999 Schedule of Fees I. Personnel Charges will be made at the following rates for time spent in project management, consultation or meetings related to the project, conducting field inspections, sampling, evaluations, review and analysis of field and laboratory data, report preparation and review, design, travel time, etc. Time spend on projects in litigation, in depositions and providing expert testimony will be charged at the standard rate time 1.5. Technician and Support Personnel time for work over 8 hours per day and on holiday's, Saturday and Sunday will be charged at the standard rate time 1.5. Rate Per Hour A. Engineering/Science Technician 1 (Engineering, Asbestos, Environmental, Laboratory, RocSng, Metals) Associate Technician 34.00 Project Technician 46.00 Senior Technician 50.00 ASN'T Level I 36.00 ASNT Level II (AWS/CWI) 46.00 ASNT Level III ~, 60.00 APl Certified Technician 50.00 APl Field Service Supervisor 60.00 B. Professional Staf. f- Architect, Engineer, Geologist, Scientist 69.00 Project - Architect, Engineer, Geologist, Scientist, Project Manager 84.00 Senior - Architect, Engineer, Geologist, Scientist, Project Manager 100.00 · ,Principal - Architect, Engineer, Geologist, Scientist, Project Manager 115.00 Chief Engineer 125.00 C. Support Personnel Word Processor 38.00 Administrative Assistance 49.00 CADD Operator 40.00 Drafter 48.00 Technical Writer 79.00 '9'~:EESDDOC 39C JUN II. Drilling Rate Soil Test Borings, 0 to 25 feet, per foot, includes grouting S I0.00 Soil Test Borings, 25 to 50 feet, per foot, includes grouting 10.50 Soil Test Borings, 50 to 75 feet, per foot, includes grouting 11.25 Casing, to maintain circular?n_of drilling fluids, per foot 4.75 Minimum charge per soil boring 50.00 Mobilization, truck-mounted drill rig, each 250.00 Mob,ilization, ail terrain mounted drill rig, each 450.00 Stand by or difficult moving time, per hour 150.00 DOC 39D [. ~C..' ,5"3 TINDALE-OLIVER Al, ID ASSOCIATES, INC. WAGE AND SALARY RATES ----- LIVINGSTON ROAD DESIGN STUDY I HOURLY RATES FOR CONTINGENCY WORK BY JOB CLASSIFICATION : ' IBurdenei :: !d Hourly!l ~ __ t Rate [ Cisssi"~cation ;Pd!;cipal Pr¢,!ect Manager ~,48.83 ', $141.10 ~'h]~f Transpcrtation En~I neer/;lan,ner S44.42 J $128.34 Senior Transcortation E.'n~,meer/Planner $39.4915114.11 ,En(~ineer,'Plar her $24.12 i $69.?0 iSenior Pla",ning Tecn'GIS Ana'~,'st $17 061 $4928 i':E~iineerir?'Plann:r~g Techn:cian S12.42t $35 87' 199,9 Staff C;ass,fication Princip¢-Is. Senior Planning Tech/GlS Steven A. Tic, da e. P E Wally 9lain W L-'. Oliver ? --.. PTO-- M:ke Raysor Prcject Managers. Planning/Engineering Technicians: A. Robert P. V~a,,a~, P=_. Conrad Campbell Peter Maas Chief T'ansport, a:i~n E~;neer,'Planrers: Jackie B:ll Ball. AIC? Brian Becker Doug Co×on Lexa Palacio Charles Hubbard Semor 'l'r~nsp~,'ta.d~n Pianne's' V%'.[:.. Rrb I AICP Admin/Clerical: Masoud A~fi Hope Tomase!li Tammy Cordero - Engmeer,L~lanner: Linda Tindale C,: Roark. EIT Penny Oliver D~ug Zaragaza 05'07199 .0 JUN 0 8 1S99 39E ~.~ SCHEDULE C PROJECT SCHEDULE The following project schedule is included to serve as the baseline schedule for meeting milestone dates asidentified in Section A.3. As stated in Section A.3.1. the CONSULTANT is responsible for providing a detailed project schedule and updating it on a monthly basis. -40- JUN O 8 iS99 SCHEDULE D .-.. INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. (2) The insurance required by this Agreement shall be written for not less than 'the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor/Consultant/ Professional. Such certificates shall contain a 'provision that coverages afforded under.' the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the Owner. (5) All in§urance coverages of the Contractor/Consultant/Professional shall be primary.to any in~urance'or self insurance program carried by the Owner applicable to this Project. (6) The acceptance by Owner of any Certificate of Insurance.-does not-constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. -41- JUN O 8 (7) Contractor/Consultant/Professional shall require each of its subcontractors to procure and maintain, until the completion of the subcontractor's work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the subcontractor are expressly waived in writing by the Owner. (8) Should at any time the Contractor/Consultant/Professional not maintain the insurance coverages required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Contractor for such coverages purchased. The Owner shall be under no obligation to. purchase such insurance, nor shall it be respo, nsible, for the coverages purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor / Consultant / Professional shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failuie of the Contractor to provide the OWNER with such renewal certificate(s) shall be considered justification for the OWNER to terminate the Agreement. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? (check one) X Yes ~ No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor/Consultant/ Professional during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance Shall not be less than: -42- I JUN O 8 19,99 a. Worker's Compehsafion - Florida Statutory Requirements b. Employers' Liability (check one) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) 'l:he insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained ~-'-'-- where applicable to the completion of the work. (check one) __ Applicable X Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the - completion of the work. (check one) .... App4icable X Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? (check one) X Yes __ No (1) Commercial General .Liability Insurance shall be maintained by the Contractor/Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the Owner of the work under this Agreement. Limits of Liability shall not be less than the following: (check one) General Aggregate $300,000 Products/Completed Operations Aggregate $300,000 Personal and Advertising Injury $300,000 Each Occurrence '$300,000 Fire Damage $ 50,000 General Aggregate $500,000 Products/Completed Operations Aggregate $500,000 Personal and Advertising Injury $500,000 Each Occurrence $500,000 Fire Damage S 50,000 X General Aggregate $1,000,000 Products/Completed Operations Aggregate S1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away .from premises owned by or rented to you." -44- J U N O' 8 1§99 (3) If the General Liability insurance required herein is issued or renewed on a "claims made" basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event of cancellation or non-renewal the Extended Reporting Period (Discovery Period) for claims shall be no less than three (3) years. (4) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. (5) Coverage shall be included for explosion, collapse or underground property damage claims. (6) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. (check one) __ Applicable X Not Applicable (7) Aircraft Liability coverage shall be carried at limits of $2,000,000 each occurrence if applicable t~) the completion of the work under this Agreement. (check one) X Applicable ~ Not Applicable (.CONSULTANT shall provide COUNTY with acceptable insurance certificate(s) from aerial sub- consultant once the aerial sub-consultant is selected.) PROPERTY INSURANCE - BUILDERS RISK (1) Property Insurance - Builders Risk coverage shall be carried by the Owner if applicable. (check one) -45- J U N 0 8 __ Applicable X Not Applicable (2) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or - otherwise, agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors, Sub-subcontractors and Material Suppliers in the Work. (~)' Property insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication Of coverage, theft, wind and hail, vandalism, malicious mischief, collapse, falsework, temporary ' buildings 2nd debris removal including demolition occasioned by enforcement of any applicable legal requirements, and, at the Owner's-option, shall .cover reasonable compensation for Professiohal's ~ervices and expenses required as a result of such insured loss. At the Owner's option., flood i.nsurance will also be purchased. (4) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The respor~sibility of the Contractor for any'deductible associated with the all-risk policy described above shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood insurance identified herein, if purchased by the Owner, shall be limited to a maximu, JUN O 8 1S99 of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (5) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (6) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining b'oiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor,, Subcontractors and Sub-subcontrators in the Work. .--... (7) waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other a6d~ any of their subcontractors, sub-subcontractors, agents and'employees, each of the other, and (2) the Professional, Professional's consultants, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant'to this or other prOperty insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. -The policies shall provide waivers of subrogation by endorsement Or otherwise, (8) A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insoreds, as their interests may appear. (9) If Builders Risk coverage is applicable the Contractor shall be responsible for the following maximum deductibles per occurrence per paragraph (3) above. (check one) ,0 -47- JUN 0 8 1999 All Risk Policy - $1,000 maximum deductible All Risk Policy - Maximum deductible of S Flood Policy - $1,000 maximum deductible Flood Policy - Maximum deductible of S AUTOMOBILE LIABILITY INSURANCE Required'by this Agreement? (check one) X Yes __ No (1) Automobile Liability Insurance shall be maintained by the Contractor / Consultant / Professional for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: (check one) X Bodily Injury & Property Damage - $ 500.000 Bodily Injury & Property Damage - S1,000,000 (2) The Owner shall be named as an Additional Insured under the policy. UMBRELLA LIABILITY "' (1) Urfbrella Liability may be maintained as part of the liability insurar~ce of the Contractor/Consultant/Professional and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the.payment of claims, the Umbrella policy will "drop down" to app' as primary insurance. -48- 'JUN 0 8 1399 (3) The General Aggregate limit, if applicable, shall apply separately to this project and the policy shall be so endorsed. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? (check one) X Yes No (1) Professional Liability insurance shall be maintained by the CohsultantJProfessional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than: (Check One) $ 500,000 each claim and in the aggregate X $1,000,000 each claim and in the aggregate ~ $2,000,000 each claim and in the aggregate ~ $ each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the '- Consultant/Professional and shall not be greater than S50,000 each claim. .. (3) The Consultant/Professional shall continue this coverage for this Project f~or a period of not less than five (5) years following completion and acCeptance of the Project by the Owner. . END OF SCHEDULE D. -49- JUN 0 8 1S99 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Agnoli, Barber and Brundage, Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the professional engineering design and environmental permitting services of the CONSULTANT to be provided under the Professional Services Agreement, concerning Livingston Road (G.G. Parkway to Pine Ridge Road 'County Project .No. 60071 and' Pine Ridge Road to Vanderbilt Beach Road - County Project 62071) are accurate, complete and current as of the time of contracting. AGNOLI, BARBER AND BRUNDAGE, INC. // Daniel W. Brundage, P.E, President DATE' ,.~' 24, ffff Revised' JUNE 3, 1997 AC 0'8 1~~q ' EXECUTIVE SUMMARY APPROVE AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT RELATED TO THE NORTH COUNTY WATER RECLAMATION FACILITY EXPANSION, CONTRACT 96-2474, PROJECT 73031 OBJECTIVE: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve an Amendment to the Professional Services Agreement with Hazen & Sawyer, P.C., for redesign and bidding services related to a change to the proposed disinfection facilities for the North County Water Reclamation Facility (NCWRF) 5-mgd Expansion project. CONSIDERATION: Our consultant completed plans to expand the NCWRF which included replacing the existing chlorine gas disinfection system with a new on-site hypochlorite generation system. This technology has not been proven on a large scale. Based on our consultant's calculations, the pay back break even point is ten to eleven years. After reconsidering the economics, staff elected to change the design in favor of a proven technology at this time (sodium hypochlorite solution storage/feed facility) that incorporates provisions for a future retrofit to the on-site hypochlorite generation system. Bids will be received for an on-site hypochlorite generation system as an alternate. The County reserves the right to award on base bid or any combination of the base bid plus alternates. Our consultants will revisit the economics of the alternate system for consideration by staff prior to award. A summary of this Professional Services Agreement to-date is provided as follows: Amount Original Professional Services Agreement $745,000.00 Sum of previous Amendments $2,798,395.00 Proposed Amendment $78,360.00 Revised Professional Services Agreemem $3,621,755.00 FISCAL IMPACT: Funding for this work in the amount of $78,360.00 is available from Wastewater Impact Fees. GROWTH MANAGEMENT IMPACT: This project is needed to meet increasing wastewater demands in the north service area of the County and is consistent with the 201 Facilities Plan Update as approved by the Board on July 19, 1997. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve the Amendment to Professional Services Agreement with Hazen & Sawyer, P.C., related to the NCWRF 5-mgd Expansion, Contract 96-2474, Project 73031. Executive Summary Approve Amendment To PSA For NCWRF Expansion ----- Page 2 .. , Peter Schalt, PMP, Project Manager ~ Engineering Department Public Works REVIEWED BY: Date: JO.f, ffBibby, P.E., Director ' Public Works Engineerin~ment REVIEWED Date: 5~ ·~ ' . -~. · ~ ( gri~ward N~.~m, enm Wastewater/Operat~ons D~r,~r 5/. / Public Works Division Ed Ilsclmer, Administrator Public Works Division PS attachment: Copy of Proposed Amendment 1§99 NORTH COUNTY REGIONAL WASTEWATER TREATMENT PLANT 5 MGD EXPANSION AMENDMENT NO. 5 TO PROFESSIONAL SERVICES AGREEMENT This Amendment No. 5 to the Agreement dated May 14, 1996 (hereinafter "AGREEMENT") is made and entered into this day of , 19 , by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and Governing Board of the Collier County Water-Sewer District (hereinafter referred to as the "OWNER") and Hazen & Sawyer, P.C., a New York corporation, authorized to do business in the State of Florida, whose business address is 2101 Corporate Blvd., Boca Raton, Florida 33431 (hereinafter referred to as the "CONSULTANT"). WITNESSETH WHEREAS, OWNER and CONSULTANT currently have a valid professional services agreement for the provision of professional services for the NORTH COUNTY REGIONAL WASTEWATER TREATMENT PLANT 5 MGD EXPANSION (hereinafter referred to as "PROJECT"), said services more fully described in said AGREEMENT; and WHEREAS, OWNER and CONSULTANT agree some modifications to the services being contemplated under said AGREEMENT are necessary; and WHEREAS, CONSULTANT represents that he has the expertise and the type of professional services that will be required for completion of the project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, parties agree as follows: ARTICLE ONE 1.1 CONSULTANT shall provide to OWNER professional engineering services in all phases of the project to which this Amendment applies. 1.2 CONSULTANT shall provide professional services in addition to those as outlined in said AGREEMENT as noted in Schedule A of this Amendment, as attached hereto. ARTICLE TVVO 2.1 OWNER agrees to compensate CONSULTANT for services rendered hereunder as prescribed in Schedule B, entitled "Schedule of Fees For Basic Services (B attachment A) and '""'-~chedule of Fees For Additional Services (B attachment C)", as outlined in said AGREEMENT with the modifications to Attachments A and C to said AGREEMENT which are attached hereto and made a part hereof. ARTICLE THREE 3.1 The schedule for said Project, shall be as shown in the revised Schedule C as attached hereto. J U N 0 8 1.q99 , PG. ARTICLE FOUR 4.1 The AGREEMENT, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Professional Services Agreement for the NORTH COUNTY REGIONAL WASTEWATER TREATMENT PLANT 5 MGD EXPANSION the day and year first wdtten above. ATTEST: (As to Chairman) BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT By: By: Dwight E. Brock, Clerk Pamela S. Mac'Kie, Chair~roman Approved as to form and legal sufficiency: Assistant County Attorney / / Hazen & Sawyer, P.C. COLLIER COUNTY PUBLIC WORKS NORTH REGIONAL WATER RECLAMATION FACILITY 5-MGD EXPANSION CONTRACT AGREEMENT CONTRACT AMENDMENT NO. 5 SCHEDULE A- SCOPE OF SERVICES The Scope of Services as provided in the Professional Services Contract Agreement dated May 14, 1996 shall be amended as follows: 1. The current Contract Documents include plans and specifications to replace the existing chlorine gas system with an On-Site Hypochlodte Generation System and a Sodium Hypochlorite Solution Storage/Feed Facility. The Sodium Hypochlodte Solution Storage/Feed Facility is designed to accommodate the generated solution at a concentration of 0.6 to 0.8 percent. The Contract Documents shall be modified to include base bid and additive bid alternate designs for the new hypochlorite system. 3. Base bid documents shall be revised to modify the Hypochlorite Storage/Feed System. In lieu of generated 0.6 to 0.8 percent solution, the storage/feed system shall be modified to accommodate a 10 to 12 percent hypochlodte solution purchased in bulk quantities by the County. 4, The existing Contract Documents shall be revised and/or expanded to include the On-Site Generation System as an additive alternate bid item. 5. A detailed description of the proposed modifications and additions to the Contract Documents are included in the attached meeting minutes, referenced as Schedule A. Attachment A. These Servic, e's described above in Schedule A shall be provided in accordance with the Professional Services Contract Agreement dated May 14. 1996. All other requirements of the original Contract Agreement shall remain as-is except as amended. 42~3co33.'03-~0-9~ JUN 0 8 1S99 COLLIER COUNTY PUbliC WORKS NORTH REGIONAL WWTF 5-MGD EXPANSION CONTRACT AMENDMENT NO. 5 SCHEDULE A - ATTACHMENT A MEETING MINUTES Date of Minutes: February 1, 1999 Date of Meeting: January 22, 1999 Location: Collier County Public Works -. Attendees: County HMA Pete Schalt Bob Burbrink Karl Boyer Dennis Barnard · Dale Waller Distribution: Attendees Kurt Pfeifer Don Williams Kris Jain Albert Muniz Gary Bors File 4243 - 3.3.2 The primary purpose of the meeting was to discuss the sodium hypochlorite (bleach) generation system. Other items were discussed that will impact the project. Sodium Hypochlorite Generation System 1. It was decided to change the Drawings and Specifications for the NCRWRF 5'-MGD Expansion to eliminate the sodium hypochlorite (bleach) generation system. There will be no alternative, either additive or deductive, for the bleach generation system. 2. Drawings and Specifications are to be revised before being issued to plan rooms, bidders, and others. The bid opening will be delayed. 3. A proposal for the additional work, including cost and time, shall be submitted to County PWED. The revised date for bid opening will depend upon the time required to prepare revised Drawings and Specifications. There was no agreement or directive relative to the time required to prepare revised Drawings and Specifications· The County recognized that the delay could not be determined until after the engineering proposal Contract Amendment No. 5 Schedule A - Attachment A Meeting Minutes February 1, 1999 Page 2 of 4 is submitted and accepted. In general terms it was agreed that the time delay would be 3 to 5 weeks following the County's approval of the engineering proposal. 4. Collier County Purchasing Department will send out a notification that the bid opening will be delayed. HMA will return checks for Drawings and Specifications that have been received, or will receive before everyone is aware of the delay. Copies of the letters returning the checks will be forwarded to Hazen and Sawyer. 5. The elimination of the sodium hypochlorite (bleach) generation system results in the following changes to the project; as described in Items 6 through 15 below: 6. Structural changes to the existing Chlorine Building will be deleted from the project. The existing chlorination equipment will be removed from the Chlonne Building No provisions will be made in the Chlorine Building for future sodium hypochlorite generators or any other future use of the building. 7. The new electrical service and other electrical work for the sodium hypochlonte (bleach) generation system will be deleted from the project. (There was no discussion regarding the relocation of the generator from the Reuse Water Pump Station to the "Old" Electrical Building, which is included in the Contract with Milmir Construction for the Modifications to the Reuse Water Pump Station). 8. The brine tank at the existing alum feed facility will be eliminated. Yard piping changes relative to the sodium hypochlorite (bleach) generation system will be deleted. Tl~e fuel piping from the existing fuel tank to the relocated generator will be deleted Instrumentation for the sodium hypochlorite (bleach) generation system will be deleted. 9. The elimination of the sodium hypochlorite (bleach) generation system will impact the Sodium Hypochlorite Solution Feed Facility. The Sodium Hypochlodte Solution Feed Facility will be changed to feed commercial strength sodium hypochlorite with provisions to be converted to feed on-site generated sodium hypochlorite in the future. Changes to the. Sodium Hypochlorite Solution Feed Facility include the following: a. Provide "smaller" NaOCI Pumps. (The pumps will still be peristaltic pumps but will be smaller). b. Delete the NaOCI storage tank blowers, air piping, and airflow switches. (Connections for future air supply will be provided on the NaOCI storage tanks Blind flanges will be installed on the connections.) c. Delete the switch modules from the visual level indicators on the NaOCI storage tanks. JUN O 8 1999 Contract Amendment No. 5 Schedule A - Attachment A Meeting Minutes February I, 1999 Page 3 of 4 d. Delete the plant service water connection, including the magnetic flow meter, to the NaOCl return line to the NaOCl storage tanks. e. Delete the magnetic flow meters on the NaOCl pump discharge piping. f. Revise the suction and discharge piping for each NaOCI pump based on the "smaller" pumps. g. Revise the NaOCI supply piping to provide a capped connection for a future generation system. 10. The NaOCI storage tanks will not be changed. 11. The structure for the Sodium Hypochlorite Solution Feed Facility will not change. The NaOCI pump bases will change, and the bases for the NaOCI storage tank blowers will be eliminated. '12. The electrical work and controls for the Sodium Hypochlorite Solution Feed Facility will be impacted by the above changes. 13. Yard piping relative to the Sodium Hypochlorite Solution Feed Facility will not change. 14. The change from on-site generated sodium hypochlorite to commercial sodium hypochlorite will impact the odor control systems. As we discussed, it is intended that the basic concept and arrangement for pumping sodium hypochlorite from the Sodium Hypochlorite Solution Feed Facility to the odor control systems will not change. 15. There will be significant changes to the specifications resulting from the elimination of the sodium hypochlorite (bleach) generators including the following: Bid Proposal Summary of Work (including work sequence) Sodium Hypochlorite Generation System (delete Section) Peristaltic Sealless Hose Pumps (Manufacture for "smaller" NaOC1 pumps will be different from manufacturer for belt press feed pumps. Only the belt press feed pumps will be single source. Therefore, two Sections for peristaltic sealless will be required, and the proposal from TSC will have to be revised.) Glass-Fiber-Reinforce Thermoset Resin Chemical-Resistant Tank (revise to include visual level indicators without switch modules) Fuel Piping (delete Section) Electrical Specifications Instrumentation Specifications Boca:4245MOOS.DOC6 JU~ 0 8 1~ Contract Amendment No. 5 Schedule A - Attachment A Meeting Minutes February 1, 1999 Page 4 of 4 Other Items The other item discussed during the meeting was the digested sludge pumps. The NCRWRF staff has already replaced the digested sludge pumps and requested that the new pumps be deleted from the project. This will impact Mechanical, Electrical, and Instrumentation Drawings and the following Specifications: Bid Proposal Summary of Work (including work sequence) .. Digested Sludge Pumps (delete Section) Electrical Specifications Instrumentation Specifications -END OF MINUTES- Boca : 4 2 4 5 MO06. DOC6 N0.~ J U N 0 8 EXECUTIVE SUMMARY REPORT TO THE BOARD ON THE RESULTS OF THE ANNUAL COUNTY- WIDE TRAFFIC SIGNAL WARRANT STUDY AND INTERSECTION IMPROVEMENT PROGRAM. OBJECTIVE: To report to the Board of County Commissioners the findings and recommendations of the Transportation Services Department on the annual countywide traffic signal warrant studies. In addition, the Transportation Services Department is also requesting funding approval and authorization for installation of the recommended improvements in FY 99-00. CONSIDERATIONS: The Transportation Services Department performs numerous traffic signal warrant analyses throughout the year. A traffic signal warrant is a criteria which, if satisfied, is an indicator that a traffic signal may be an appropriate traffic control device for a specific location. There are eleven standard warrants to be considered in performing a traffic signal study and analyzing an intersection. These studies typically cover about 50 intersections over the course of the year. The studies are performed on intersections located in various parts of the County: from Immokalee and NOrth Naples through Golden Gate to East Naples. The studies analyze safety and traffic flow through the intersections. Pedestrian and bicycle traffic is considered as well as adjacent public facilities such as schools, parks and approved new development projects. In addition to traffic volumes, the analyses consider factors such as vehicular delay on side streets, pedestrian volumes, accident history, and school crossing locations. A summary spreadsheet listing the major locations studied over the past year is attached (Attachment No. 1). In addition to those listed, there were a number of intersections that were reviewed that did not have sufficient traffic volumes or crash history to warrant further analysis. Of the intersections fully studied, the following are recommended for signalization or for other intersection improvements consistent with the goal of safe operation of the roadway network. These proposed improvements are listed in no particular order: 1. U.S. 41 ~ Triangle Boulevard/Price Street~ 2. CR 846 (Immokalee Road) ~ Randall Boulevard2 3. CR 846 ~ Strand Boulevard3 4. CR 901 (Vanderbilt Beach Road) and Vineyards Boulevard4 5. CR 901 ~ Village Walk/Wilshire Lakess 6. CR 901 @ Logan Boulevard6 7. CR 886 (Golden Gate Parkway) @ Coronado Parkway7 8. Vanderbilt Drive ~ 111th Avenue North/Bluebill Avenue8 9. CR 951 ~ Green Boulevard 10. Santa Barbara Boulevard ~ Devonshire Boulevard9 11. Vanderbilt Drive @ CR 888 (Wiggins Pass Road)~° Executive Summary Report to the Board on Annual Countywide Signal Warrant analyses Page 2 of 3 Staff also recommends the following locations for median modifications: 1. Santa Barbara Boulevard @ Berkshire Commons Entrance~ 2. Radio Road ~ Berkshire Commons Entrance~2 In addition to the foregoing, there are several intersections that will be signalized as part of major capital road improvement projects within the next two fiscal years. These are: 1. CR 31 (Airport Road) ~ Emerald Lakes Drive/Old Groves Drive 2. Golden Gate Boulevard ~ Big Cypress Elementary School 3. Golden Gate Boulevard ~ Wilson Boulevard There is one additional intersection that is under consideration for a signal pending further study. That intersection is CR 846 (Immokalee Road) ~ Euclid Avenue. Staff will monitor this intersection in conjunction with the recent opening of the new CR 31/CR 846 Bridge. If the intersection continues to be warranted, it will be recommended for inclusion in the FY 01 program. FISCAL IMPACT: Funds are budgeted in Fund 313 on an annual basis for signal installations and associated intersection improvements. For FY 2000, $750,000 has been requested for Project No. 60172 (Traffic signals) and $550,000 has been requested for Project No. 66065 (Capacity/Safety Improvements). The requested funds are sufficient to complete the above recommended projects. The present signal systems (126 locations) have an annual operation and maintenance cost of approximately $3,500 per signal. Flashing beacons cost somewhat less to maintain on an annual basis. The proposed new signals and flashing beacons will cost about the same as those existing to operate and maintain. Maintenance funds are budgeted annually in Fund 101. GROWTH MANAGEMENT IMPACT: The installation of traffic signals typically reduces the volume capacity of a roadway segment. Therefore, reduced capacity impacts are included in the analyses of need and justification. For the projects recommended, the typical value of the capacity lost (based on "green time" available at the intersection) is estimated at between $50,000 and $100,000 per signal installation annually on a system-wide basis. There are, however, savings to be realized in the form of improved turning movement conditions, reductions in side street delay, and reductions in certain types of accidents and their severity. The value of these savings is estimated to equal or exceed the value of the lost capacity. In those instances where median modifications, rather than signalization, are recommended, capacity is not lost nor are unsafe turning movements increased. These modifications typically have a more positive effect on capacity than do traffic signals. Executive Summary Report to the Board on Annual Countywide Signal Warrant analyses Page 3 of 3 RECOMMENDATIONS: That the Board of County Commissioners approve the Transportation Services Department recommendations for traffic signal system installations and intersection improvements; confirm funding of the improvements from Fund 313, and authorize Staff to proceed with the implement~ the work. as propo~sed. ~~?.~' ~,,. DATE: PREPARED BY: ,- >5~/~: ~.:'..~ ~ Edward~J. Kant ;_.,~ansportation Services Director REVIEWED BY&.e~~ DATE: E~ Ilschner, ]~l~lic Works ~dministrator Attachments: No. 1 - Traffic Signal Study Spreadsheet ~ FDOT has approved this signal and will share in the cost. 2 This intersection will also require significant roadway improvements to facilitate the signal installation. 3 Funding for this signal will be shared among the County and three adjacent development entities. 4 This signal will also serve as a school signal for Vineyards Elementary School. -~ Funding for this signal will be shared among the County and two adjacent development entities. 6 This intersection was recently convened to an All-way Stop Control in anticipation of the signal installation. ~ This signal will require interconnection with the existing signal at CR 886 and Tropicana Boulevard. s This intersection will also require significant roadway improvements to facilitate the signal installation. ~ Funding for this signal may be shared with adjacent development entities. ~0 This intersection will also require significant roadway improvements to facilitate the signal installation. ~ This intersection has a crash history that indicates turning movement constraints are warranted. A traffic signal is not warranted at this location. ~2 This intersection has a crash history that indicates turning movement constraints are warranted. A traffic signal is not warranted at this location. {9'39 EXECUTIVE SUMMARY EXECUTE A REAL ESTATE SALES AGREEMENT FOR LOT 8 & ~ of 9, LOCATED WITHIN BLUE HERON LAKE PARK, AN UNRECORDED PLAT. OBJECTIVE: To approve and execute a Real Estate Sales Agreement for Lot 8 & ½ of 9, within Blue Heron Lake Park, an unrecorded plat with Emilio Valezquez and Pablo Velazquez. CONSIDERATION: The Board of County Commissioners on March 15, 1988 adopted Resolution No. 88-49 which levied a special assessment for the construction of the potable water distribution system wi.thin the Blue Heron Lake Park Water Assessment District. In accordance with Chapter 153, Part II, Florida Statutes, if the annual installments for the water special asseSsments are not'paid Prior to April 1st each year, they would become delinquent and subject to foreclosure proceedings. In April, 1989, the Board of County Commissioners, pursuant to Chapter 153, Part II, Florida Statutes, adopted a Resolution authorizing the County Attorney's Office to proceed with foreclosure suits on all delinquent water and/or sewer special assessments within the Collier County Water-Sewer District (CCWSD), the Goodland Water District (GWD) and the Marco Water and Sewer District (MWSD). A foreclosure suit was filed on June 21, 1989, Case No. 89-1754-CA-01-CTC, against persons and '-" propertie_s within the Blue Heron Lake Park Water Assessment District that were delinquent in paying the annual water assessments. A default was entered against the Property Owner of record, Joseph McCord for failing to file any pleadings in this case as required by law and a Final Judgment ordering the sale of the property was entered by the Court on M~rch 14, 1994. The public sale of the subject property _was held on April 14, 1994 with the Plaintiff, the CCWSD giving the 'Opening bid of $10,682.48. After the 10 day statutory redemption period expired on April 24, 1994, the Clerk issued a - Certificate of Title to the Board of County Commissioners of Collier County, Florida as the Governing Body of Collier County, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District of Collier County, Florida. Expenses ~nd liens on the property to date total $12,314.00 with interest calculated through 6/30/99 on the water'and lot clearing liens. The CCWSD has paid a total of $4,336.46 in delinquent taxes and court ~osts. Th'e lot clearing lien on this property was assessed on June 19, '1990 for $1725.00 and has accrued interest of approximately $1,828.41 for a total amount due $3,553.41. The outstanding water distribution assessment and accrued interest totals $2,574.63. The County Attorney has estimated staff costs to be $1,849.50. A work-paper summarizing expenses and liens is attached.- . Emilio and Pablo Velazquez have made an offer to purchase the subject property for $10,000 and staff has receiv, ed an executed Real Estate Sales Agreement (copy attached) and $1,000.00. depoSit. Since o the property is owned by the CCWSD, Chapter 88-499, Laws of Florida, and Chapter 153, Part II, Florida Statutes allows the disposition of the property in this fashion. At the proposed purchase price of $10,000.00, the Board would be required to waive $2,314.00 in liens or assigned costs. Staff is recommending that interest in the amount of $1,150.37 be waived on the lot .JUN 0 8 .--- cleating lien and County Attorney's fees in the amount of $1,163.63 be waived. This recommendation would provide for payment of lot cleating assessment interest in the amount of $678.04 and County Attorney fees in the amount of $685.87. FISCAL IMPACT: The County will receive at closing a total of $10,000 with the recording costs and documentary stamps being paid by the purchaser. The proposed sales proceeds of $10,000 will be distributed as follows: CCWSD - Fund (408) $6,911.09 Code Enforcement Dept. - Fund (111) $2,403.04 County Attorney - Fund (001) $ 685.87 The liens or fees waived by the Board are as follows: County Attorney Fees $1,163.63 Lot Clearing Assessment Interest $1,150.37 At this time no charges to the adopted budget are proposed as a result of this transaction. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners as the Governing Body of Collier County, Florida and as Ex-Officio the Governing Board of the Collier County Water-Sewer District: 1) approve the Real Estate Sales Agreement; 2) authorize the Chairman to execute the Real ~ Estate Sales Agreement when presented; 3) approve the conveyanc6 by Statutory Deed to Emilio Velazquez and Pablo Velazquez; 4) authorize the waiver of $1,150.37 in interest accrued on account #805360 (lot clearing) and the waiver of $1,163.56 for a portion of the Attorney Fees related to foreclosure proceedings; 5)authorize the Chairman to execute the Statutory Deed when presented, and 6) authorize staff to record the Statutory Deed and any other necessary documents in the Public Records of Colher County, Florida. PREPARED BY: ~..t~..-~S~~ ~'e~'L'~/ DATE: ~'/oQ-.(/~'~ .' Wilma J. Iverson, r Specialist, Real Property Management Department REV. IEWED BY~ ~ ~.t"~~~ DATE: ~~.~ ~,4,-r.a~,E"~*t,~} Michelle E~d_w~ds. krfib'l~~Enforcem~nt~ Director / ~ C.~I'~N. Finn, ~)15~rat,~ns Director, Public Works Division APPROVED BY: DATE: ~>"-~,,'~ ~; Ed Ilschner, Ai~i~strat~r, P~blic Works Division .o. - J U N 0 8 PG. ~'~ 5/21/99 Blue Heron Property Settlement Lot 8 & 1/2 of 9 Disposition of Proceeds Proceeds of Sale $ 10,000.00 $ 10,000.00 Uses of Shortfall Description Property Liens Proceeds Allocation Water Assessement Principal $ 1,363.56 $ 1,363.56 $ Water Assessement Interest $ 1,211.07 $ 1,211.07 $ Attorney Fees $ 1,849.50 $ 685.87 $ 1,163.63 Court Costs Pd by CCWSD $ 475.86 $ 475.86 $ - Lot Clear Assessment Principal $ 1,725.00 $ 1,725.00 $ - Lot Clear Assessment Interest $ 1,828.41 $ 678.04 $ 1,150.37 Delinquent Taxes Pd by CCWSD $ 202.04 $ 202.04 $ - Tax Certificates Pd by CCWSD $ 3,658.56 $ 3,658.56 $ - Total $ 12,314.00 $ 10,000.00 $ 2,314.00 Surplus/(Shortfall) $ (2,314.00) $ $ (2,314.00) Distributions To: CCWSD-Fund (408) $ 6,911.09 Code Enforcement-Fund (111) $ 2,403.04 County Attorney-Fund (001) $ 685.87 Total Distributions $ 10,000.00 JUN 0 8 REAL ESTATE SALES AGREEMENT THIS AGREEMENT made and entered into/this day of 19_, by and between THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY, AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT OF COLLIER COUNTY, FLORIDA, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, hereinafter referred to as SELLER, and EMILIO VELAZQUEZ, a married man and PABLO VELAZQUEZ, a single man, whose mailing address is 17018 Blue Heron Drive, Naples, Florida 34114, hereinafter referred to as BUYER. WHEREAS, SELLER desires to sell, and BUYER desires to purchase, the property described in Exhibit "A", attached hereto and made a part hereof, at the price and on the terms and conditions hereinafter set forth. NOW, 'THEREFORE, in consideration of the recitals, the mutual covenants hereinafter set fodh and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. PREMISES The real properly which is the subject of this Agreement is legally described in Exhibit "A"_(hereinafter "Property"). 2. SALE and CONVEYANCE SELLER agrees to sell and convey the Properly to BUYER, and BUYER agrees to purchase the Property from SELLER, at the price and upon the other terms and conditions hereinafter set forth: 3. TITLE Title to the Premises shall be conveyed to BUYER by Statutory Deed. 4. PURCHASE PRICE The Purchase Price ("Purchase Price") for the Premises shall be TEN THOUSAND ($10,000) DOLLARS, (U.S. Currency), payable by BUYER to SELLER as follows: A. Concurrently, .with the execution hereof, BUYER shall pay to SELLER, as an earnest money deposit ("Deposit') the sum of ONE THOUSAND ($1,000) DOLLARS, in cash or certified check, representing ten percent, (10%), of the Purchase Price. B, The balance, after credit for the Deposit, shall be paid by BUYER to SELLER 'in cash/or~ertified check at closing. 5. DISCLAIMER OF WARRANTIES; "AS IS" CONVEYANCE A. BUYER warrants and acknowledges to and agrees with SELLER that BUYER is purchasing the Premises in an "AS IS" condition and specifically and expressly without any warranties, representations or guarantees, either express or implied, of any kind, nature, or type whatsoever from or on behalf of the SELLER. B. BUYER acknowledges that BUYER has made and/or has been given an adequate opportunity to make such legal, factual and other inquiries and investigations as BUYER deems necessary, desirable or appropriate with respect to the Premises. C. Without in any way limiting the preceding paragraphs, I~UYER acknowledges and agrees that they hereby Waive, release( and discharge any clairn J~at they have, might have had, or may have against the SELLER with respect to the condition of the Premises. D. Buyer represents and warrants that they have the power and authority to execute, deliver and perform this Agreement. 6. PRORATIONS AND ADJUSTMENTS A. The following items shall be prorated and adjusted between SELLER and BUYER as of midnight of the day preceding closing: 1. All installments of special assessments payable after the closing, whether for work commenced as of the closing or otherwise, shall be paid exclusively by BUYER. 2. All other items required by any other provision of this Agreement to be prorated or adjusted. B. At the closing, the amount of proration and adjustments as aforesaid shall be determined or estimated to the extent practicable and the monetary adjustment shall be made between SELLER and BUYER. All such prorations and adjustments shall be final. C. BUYER hereby agrees to indemnify and hold harmless SELLER from and against each obligation of SELLER for which, and to the extent that, credit has been given to BUYER at the time of closing. 7. DEFAULT: TERMINATION A. If BUYER defaults, SELLER's sole remedy shall be to terminate this Agreemen[ by giving Written Notice thereof to BUYER and neither party shall have any further liability or obli{]ation to the other. B. If SELLER defaults hereunder and such default has not been cured within thirty (30) days after written notice of such default to SELLER, and provided BUYER is not in default, BUYER may terminate this Agreement, whereupon the Deposit shall be promptly returned to BUYER and neither party shall have any furtl~er liability or obligation to the other. Notwithstanding anything contained in this Agreement to the contrary, the foregoing shall be BUYER'S sole and exclusive remedy and shall preclude BUYER from the exercise of any other remedy. 8. Any and all costs and expenses incurred by SELLER in connection with this transaction (excepting SELLER'S attorneys' fees), including, without limitation, recording fees, conveYance fees, settlement fees, closing costs, and transfer, d6cumentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by BUYER. 9. INTERMEDIARIES A. BUYER represents to SELLER that there is no broker, finder or intermediary of any kind whom BUYER has been contacted by or dealt with in connection with this transaction. "B. -BUYER agrees to indemnify and hold harmless SELLER against and from all . claims, demands, causes 'of action, judgments and liabilities which may be asserted or · recov/ere/d, for fees, commissions or other compensation claimed to be due to any broker, finder o~' intermediary with whom BUYER may have dealt in connection with the transaction, including costs and reasonable attorneys' fees incident thereto. C. This provision shall survive closing. 10. CLOSING Closing shall take place during normal business hours at the Real Property Management Department, Collier County Courthouse, 3301 East Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select, within sixty (60) days after execution of the Real Estate Sales Agreement between BUYER and SELLER. 11. GENERAL PROVISIONS A. This written Agreement, including all exhibits attached t~ereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties or covenants not contained herein. B. This Agreement may be amended only by a written memorandum subsequently executed by all of the parties hereto. JUN 0 8 1999 C. No waiver of any provision or condition of this Agreement by any party shall be valid unless in writing signed by both parties. No such waiver shall be taken as a waiver of any other or similar provision or of any future event, act or default. D. Time is of the essence of this Agreement. In the computation of any period of time provided for in this Agreement or by law, any date falling on a Saturday, Sunday or legal holiday shall be deemed to refer to the next day which is not a Saturday, Sunday or legal holiday. E. In the event that any provision of this Agreement shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid, or shall be excised from this Agreement, as circumstances require, and this Agreement shall be construed as if said provis, ion had been incorporated herein as so limited, or as if said provision had not been included herein, as the case may be. F. Headings of paragraphs are for convenience of reference only, and shall not be construed as a part of this Agreement. G. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, executors, personal representatives, successors and assigns, provided, however, that this Agreement may not be assigned by BUYER without the prior express written consent of SELLER, which consent may be withheld for any reason whatsoever. · H. Any and all notices permitted or required to be given hereunder shall be in writing to the parties at the addresses set forth on page 1 and shall be either personally delivered to the party or shall be sent by United States mail, postage prepaid, registered or certified mail. Any such notice shall be deemed given and effective upon receipt or refusal of delivery thereof by the primary party to whom it is to be sent. I. This Agreement shall be governed and construed in accordance with the laws of the State of Florida. J. This Agreement may be executed in any number of counterparts, any or all of which may contain the signatures of less than all of the parties, and all of which shall be construed together as but a single instrument. K. In the event of the institution of legal proceedings in connection with the enforcement of this Agreement, the party prevailing therein shall be entitled to recover the costs and expenses incurred in connection therewith, including, without limitation, reasonable attorneys' fees. ' L. Possession of the Premises shall be delivered to the BUYER at closing. M. The word "Closing" or words of similar import as used in this Agreement, shall be construed to mean the originally fixed time and closing date specified herein or any adjourned time and date provided for herein or agreed to in writing by the parties, or any earlier date permitted herein. N. This Agreement is between SELLER and BUYER and no other party shall, under any circumstances, be deen~ed to be a beneficiary of any of the terms arzd conditions to be · pe.rfo/~rne/d, by SELLER pursuant to this Agreement. ' O.~ All of the padies to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. P. Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by BUYER. If so recorded by BUYER, this Agreement shall be deemed ipso facto canceled and terminated, the Deposit shall thereupon be retained by or paid to SELLER as liquidated damages for such default, and BUYER shall have no further interest in the Premises, pursuant to this Agreement or otherwise. Q. Any prior agreements, representations, understandings or oral statements, including, but not limited to rendering or representations contained in sales brochures, maps, sketches, advertising or sales materials, and oral statements of ~t~les representatives, if not expressed in this Agreement, are void, have no effect, and hav'~ not been relied upon by BUYER. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written. AS TO SELLER: DATE: AFl'EST: THE BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY, AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT OF COLLIER COUNTY, FLORIDA Deputy Clerk BY: PAMELA S. MAC'KIE, CHAIRWOMAN AS TO BUY, ER: I WITNESSES: . p~ /' Crinted~NAme) (Printed Name) ~m (Siggatq~) ~ ¢~nted Name)~ Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney DEPOSIT RECEIPT t, the undersigned~do hereby acknowledge receipt of a total of One Thousand ($1,000) Dollars, on this ~;~ - day of ~ .1955 for the purchase of Lot 8 and ~ of 9 located in the'Blue Heron Lake Park,"and unrecorded plat. . ['r?'30'3 . · EMILIO VELAZ~UEZ & PABLO VELAZg~UEZ Date Payto . MAY 11,199'B the order of THE BOAR[:, OF COUNTY COMM~'S'SIONE~S OF COLLIER COI.INTY~: Dollars ~'~" N~0 · Exhibit "A" A Parcel witkin Section 20, Township 51 South, Range 27 East, Collier County, Florida, Property Folio No. 00765920001, the East ½ of Lot 9 and all of Lot 8, Blue Heron Lake Park, an unrecorded plat, described as follows: Beginning at the ¼ section comer of Sections 17 and 20, Township 51 South, Range 27 East, run S. 0° 01' 20" W. 1186.21 feet, then N. 89° 27' 40" W. 1113.42 feet to an iron pin, which is the point of beginning, then N. 89° 27' 40" W. 90.0 feet, then S. 0° 05' 00" W. 135.0 feet to an iron pin, then S. 89° 27' 40" E. 90.0 feet, then N. 0© 05' 00" E. 135.0 feet to the point of beginning and being more particularly described in OR Book 744, Page 739 of the Official Records of Collier County, Florida, and in accordance with the Last Will and Testament recorded in OR Book 1223, Page 1147 of the Official Records of Collier County, Florida; Less and Except the property described in OR Book 986, Page 1051 of the Official Records of Collier County, Florida. EXECUTIVE SUMMARY REQUEST BOARD APPROVAL TO WAIVE LANDFILL TIPPING FEES FOR ILLEGAL DUMPING CLEAN UP ON MILLER BOULEVARD EXTENSION. OBJECTIVE: To assist the volunteer effort to clean up debris from illegal dumping on Miller Boulevard Extension. CONSIDERATION: Volunteers have organized a cleanup day to be held June 12,1999 for the purpose of cleaning up illegal dump sites on Miller Boulevard Extension. The IW. Craft Company has donated equipment and Waste Management Inc. has donated dumpsters for the project. J.W. Craft has requested that the landfill fees be waived for this cleanup. FISCAL IMPACT: Approximately $800 for an estimated 30 tons of material. GROWTH MANAGEMENT IMPACT: N/A RECOMMENDATION: To waive landfill tipping fees for the disposal of debris form the June 12, 1999 Miller Boulevard Extension cleanup project. ":~: Date: l/ 7'~ ' SUBMITTED BY: ,/. ~ , David W. Russell, Director, Solid Waste Management Department Ed IlsC~F:r, '[~'~lic Works Admini~i-rator / / EXECUTIVE SUMMARY APPROVE PURCHASE AGREEMENT ON A PARCEL OF LAND LOCATED IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, TO BE UTILIZED FOR ROAD RIGHT-OF-WAY IN THE CONSTRUCTION OF THE FOUR-LANING OF RADIO ROAD FROM SANTA BARBARA BOULEVARD TO DAVIS BOULEVARD. OBJECTIVE: That the Board of Collier County Commissioners approve the Purchase Agreement of 1.59 acres of land located in Section 3, Township 50 South, Range 26 East, further described on the attached map. CONSIDERATION: The Board of Collier County Commissioners on April 21, 1998, adopted Resolution No. 98-105 authorizing County Staff to acquire fee simple title to the property and property interests necessary for the four-laning roadway improvements of Radio Road from Santa Barbara Boulevard to Davis Boulevard and furthermore the Board of Collier County Commissioners adopted Ordinance No. 97-55 establishing the 1997 Capital Improvement Element of the Growth Management Plan in order to establish priorities for the design, acquisition and construction of various capital improvement projects in which the four-laning of Radio Road is one of the capital improvement projects required under the Transportation Element of the County's Comprehensive Plan. Pursuant to Florida Statute an appraisal was obtained that valued the property to be acquired at $311,700. In compliance with Florida Statute staff provided notice to Owner of their statutory rights. Owner, after obtaining legal counsel made what staff determines is a reasonable counter offer of $336,000 or 7.8% over the original offer. Owner is entitled to attorney's fees in the amount of $7,096.00 pursuant to Section 73.092, Florida Statutes. Owner is entitled to reasonable expert fees in defending an acquisition by condemnation. Owner is requesting appraisal fees in the amount of $3,675.00 and engineering fees in the amount of $5,247.34. The County is seeking confirmation of the reasonableness of these fees with its experts. If the County determines these fees are not reasonable, then the issue of the reasonablen~ set by hearing before the Circuit Court. No, ~/~ L-~il _ J UN 0 8 1999 FISCAL IMPACT: The total compensation for acquiring the property not to exceed $352,018.34 and the cost of obtaining a title policy will be expended from the Radio Road Improvement Project from Santa Barbara Boulevard to Davis Boulevard. GROWTH MANAGEMENT IMPACT; None RECOMMENDATION: That the Board of County Commissioners approve and authorize the following: (1) accept the Purchase Agreement and authorize the Chairwoman of the Board of County Commissioners execute same; (2) approve, execute and/or accept any other necessary closing documents related to this project, if any, once approved by the Office of the County Attorney; (3) direct staff to record all appropriate documentation necessary to conclude this transaction; (4) authorize staff to prepare related vouchers and Warrants for payments. '-',¥./d~.~n~Jo~ i"spe~ialist II Date RS~I Properly Management Department Micah Massa<~tlc~, Project Manager Date Public Works Engineering Depa~ment REVIEWED BY: ~ffBibby, Diector ~ Date - ~~~or~ Depa~mont ~ Ilsc~ Dato ~ublic Works Administrator AGENDA ITEM - JUN 0 8 1999 EXECUTIVE SUMMARY APPROVAL OF AMENDMENT TO RESOLUTION NO. 99-230 CREATING A COLLIER COUNTY COMMUNITY HEALTH CARE COMMITTEE OBJECTIVE: To amend the resolution to add additional groups to the membership and removing one group as requested. CONSIDERATIONS: At its meeting of May 11, 1999, the Board of County Commissioners passed Resolution 99-230 creating the Collier County Community Health Care Committee. The purpose of this committee is to assess the situation with regard to health care access in Collier County and to make recommendations to the Board with regard to any gaps in health care access that may exist. The committee is limited to a one- year existence. Subsequent to the resolution it has become apparent that additional groups should be represented on the committee. Specifically, this amendment would add Florida Gulf Coast University, the Greater Naples Civic Association, a representative of the insurance industry, Collier Health Services, Inc. and an Immokalee representative to the committee membership. In addition, this amendment would remove the City of Marco Island from the committee, based on their request. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this committee or this amendment as there is no public health element included within the County's Comprehensive Plan. FISCAL IMPACT: No additional cost is associated with this amendment. RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS, authorize the addition of the above mentioned groups to the Committee, the deletion of the City of Marco Island, and the approval of the amendment to Resolution No. 99- 30. Reviewed by: Charles K0n~erg' J~.D., t~.P.H.,~Collier County Health Director _ Prepared by: Tho)n'as-W~. ~liff, P~]~.~rvices Administrator 1999 1 RESOLUTION NO. 99-___. 2 3 A RESOLUTION SUPERSEDING RESOLUTION NO. 99-230. ESTABLISHING THE 4 COLLIER COUNTY COMMUNITY HEALTH CARE REVIEW COMMI~FEE FOR 5 THE PURPOSE OF: REVIEWING EXISTING HEALTH CARE SYSTEMS IN 6 COLLIER COUNTY; DETERMINING IF ADEQUATE ACCESS AND HEALTH CARE 7 IS AVAILABLE TO ALL OF THE RESIDENTS OF COLLIER COUNTY; AND 8 PROVIDING A REPORT AND RECOMMENDATIONS, AS APPROPRIATE, TO THE 9 BOAILD 10 11 WHEREAS, all health care provided directly to this community with the exceptions of 12 certain limited care provided to very limited populations by the Collier County Health Deparmaent 13 are provided through private health care providers, and 14 15 WHEREAS, there is no oversight of the many different health care systems to ensure that 16 all of Collier County's residents have adequate access to affordable health care, and 17 18 WHEREAS, the Board of County Commissioners of Collier County during its annual 19 strateDc planning sessions discussed and agreed to consider impaneling a comrmttee representing 20 interested area agencies, health care providers and community leaders to review this subject for a 21 fixed one year period. 22 23 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 24 COMMISSIONERS OF COLLIER COUNTY FLORiD& that: 25 26 SECTION ONE. Creation of the Ad Hoc Collier County Community Health Care 27 Committee. 28 29 Pursuant to the provisions of' Collier County Ordinance No. 86-41, as amended, the Board 30 of County Commissioners hereby creates the Collier County Community Health Care comrmttee as 31 an ad-hoc advisor3, committee for a per/od of not to exceed one (1) year from the date of this 32 Resolution 33 34 SECTION TWO. Appointment of Members and Failure to Attend Meetings. 35 36 The following members are hereby appointed to the Collier County Community Health Care 37 Committee: 38 39 t [ealth Care Providers: 40 41 Naples Community Hospital 42 Cleveland Clinic 43 Collier County Medical Society 44 Senior Friendship Center 45 Neighborhood Health Clinic, Inc. 46 David Lawrence Center 47 Florida Nurses Association, District 29 48 Retired Physicians Association 49 Collier Health Services, Inc. 50 51 Community Leaders: 52 53 Collier County Medical Alliance 54 Chamber of Commerce 55 Economic Development Council 56 Collier County Public Schools 57 Health and Human Services Board for Department of'Children and Families 58 League of Women Voters 59 City of Naples 60 3 Cifi2ens At Large 61 Florida Gui f Coast University 62 The Greater Naples Civic Associafon 63 Representative of the Insurance Industry 64 Immokalee Representative 65 66 Advisors: 67 Health Planning Council of Southwest Florida AO~..~DA [T~M . 6s , ental ealth ^ssociation NO. 69 Collier County Health Department .ealthyCouncil '"' 0 8 1999 72 pg. I lfany member of the Collier Count)' Health Care Committee is absent from two (2) or more 2 consecutive meetings without a satisfactory excuse, such member's position may be declared vacant 3 by the Board of County Commissioners. 5 SECTION THREE. Officers; Quorum; Compensation. 6 7 The officers of the Collier County Community Health Care Committee shall be elected by 8 thc mcmbership of the Committee and shall include a Chairman and Vice-Chairman. The presence 9 of eight or more members shall constitute a quorum. The Collier County Community Health Care 10 Committee may adopt roles of procedures for the transaction of business and shall keep records of 11 meetings, findings and determinations. The members of the Committee shall serve without 12 compensation, but may be reimbursed for travel, mileage and/or per diem expenses only if 13 approved, in advance, by the Board of County Commissioners. 14 15 SECTION FOUR. Functions, Powers and Duties of the Collier County Community Health 16 Care Committee. 17 18 The functions, powers and duties of the Collier Count)' Community Health Care Committee 19 shall be to examine the existing health care systems in place for all Collier County populations, to 20 determine if, in the opinion of the committee, there is adequate access and care for the different 21 populations, and if it is determined that there is insufficient access or care, the committee shall 22 review the options for correcting such gaps and make recommendations in the form of a final report 23 to the Board of County Commissioners. When looking at proposed options for any shortfall in 24 access or care, improved use of existing resources shall be the preferred option considered. The 7'5 committee shall pay particular attention to preventive and primary care services since these offer the 26 greatest potential for cost savings as well as potentially represent the major issues with regard to 27 access. When reviewing any funding opportunities that may be a part of any proposed solution, the 28 use of existing health care funding sources, and/or private funding shall be considered before tax 29 funds of any sort. 30 31 All meetings of the Collier Count), Community Health Care Committee shall be open to the 32 public and shall be governed by the Sunshine Law. All meetings shall be held after reasonable public 33 notice is provided as to the location, time and subject matter of the meetings. 34 35 SECTION FIVE. Resolution No. 99°230 Superseded. 36 37 Collier Count)' Resolution No. 99-230 is hereby superseded and replaced by this Resolution. 38 39 ~ll~is Resolution adopted this day of 1999 after motion, second 4(0 and majority vote. 41 42 43 A'FFEST: BOARD OF COUNTY COb&MISSIONERS 44 D\VIGHT E. BROCK, CLERK COLLIER COUNTY, FLORiDA 45 46 BY: 47 PAMELA S. NLAC'KIE, CHAIRWOMA_N 48 49 S0 51 Approved as to form and Icg, vd 52 sufficiency: 53 54 58 County Attorney 59 60 61 62 63 64 65 66 -- 67 AGENDA ITEM NO. Cc') vo JUI I 0 8 1999 2 -j EXECUTIVE SUMMARY AUTHORIZE AN ADDITIONAL $225 IN FUNDING FOR COUNTY EMPLOYEE PICNIC Objective: That the board of County Commissioners authorize additional funding for the Collier County Employee Picnic. Consideration: The Board of-County Commissioners previously approved $5,000 (3/9/99 16.c. 1) for the Collier County Employee Picnic. The picnic was held on Sunday, April 25, 1999, at the Golden Gate Community Park. The event was a great success and 950 meals were served. This resulted in 50 meals above the estimated 900. The vendor has asked that they be compensated for the additional meals. The meals are $4.50 each for a total of $225. In addition, donations from private sources were received in the amount of $1300.00 to cover additional expenses related to the picnic, i.e.: entertainment and tent rental. Growth Management: None Fiscal Impact: A Budget Amendment will transfer $225 from General Fund Reserves to the Recreation Program Budget and to recognize the $t300 in contributions in the Recreation Program Budget. Recommendation: That the Board authorize the Budget Amendment to fund the additional meals served at the Collier County Employee Picnic and to recognize the donations. Prepared by: ...~/~_:~-/~~ Date: Mur~o Sn~ith, Recreation Manager Department of Parks and Recreation Reviewed and , . ,'i ~ :~2: . :.,~ Approved by: : :I:.g_4~: Date: Mdrla Ramsey, Director ~? Department of Parks and R6creation Reviewed and Approved by."~~[ -~t~ Tho ~-s- ~'. -~-~1 i ff,~ ~-~t o r Date: '--- Division of Public ServTCes ..... -,,., J U EXECUTIVE SUMMARY AWARD THE FIREWORKS DISPLAY FOR 4m OF JULY 1999 Objective: That the Board of County Commissioners award RFP #99-2923, Fireworks Exhibition for 4"' of July 1999 at Sugden Regional Park, to Zambelli Fireworks Internationale in the amount of $24,999. Consideration: A proposal for Fireworks Exhibition for the 4th of July at Sugden Regional Park was advertised on April 5~ 1999. Ten (10) vendors were notified and four (4) vendors responded. The proposal requested that vendors supply a schedule of fireworks that would be provided for the program. A five member selection committee then scored the vendors based on five criteria including expertise, safety, schedule, performance reliability and history of the organization. Zambelli Fireworks Internationale was rated the highest of the vendors that responded to the RFP. Staff will have the capability to negotiate the final fireworks display and get the best program for the community. Growth Management: None Fiscal Impact: $25,000 has been budgeted in Recreation Programs. Recommendation: That the Board of County Commissioners approve RFP #99-2923 for Fireworks Exhibition for 4th of July 1999 at Sugden Regional Park to Zambelli Fireworks Internationale in the amount of $24,999 and thorize the Chairwoman to sign the contract. Prepared by: j/~,~~ Date: Mt~rdo Sm~l~, Recrea'~ion Manager Department of Parks and Recreation Reviewed and Approved by: ' /,. t/ I .;~_ ,-"~// Date: MfirlaRam~ey, Director / Department of Parks and Recreation Reviewed and (-.&~ /~ /~ , Approved by: ~~?? ~'r~, ~:'~ Z'& Date: ~-'~ Steve Carnell,' Director Department of Purchasing Reviewed an~ Approved by: ~ Date:~~ Tho-mas W. Olliff,-~)mi~istrator Division of Public S~rvices Agenda_I t~m~, J Uli 0 1999 P~i ..~ AGREEMENT THIS AGREEMENT, made and entered into on this day of , 1999, by and between Zambelli Fireworks Internationale, hereinafter called the "Contractor", and Collier County a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT. This Agreement shall commence on the date of the issuance of a Purchase Order. The schedule date for the fireworks display is July 4, 1999; however, should the event be postponed on the scheduled date (July 4,1999) due to weather, July 5, 1999 will be the postponement date. 2. STATEMENT OF WORK: The Contractor shall sell, furnish, deliver and install a fireworks exhibition in accordance with the terms and conditions of the specifications of RFP No. 99-2923 and the Contractor's proposal hereto attached and made an integral part of this Agreement. The Contractor shall dismantle the installation and remove immediately following the exhibition. The Contractor shall meet with the Director of the Parks and Recreation Department prior to the event to review .._. fireworks exhibition and the overall program events. The Director of the Parks and Recreation Department may change/modify the design of the fireworks exhibition. The final design must be approved by the Director of the Parks and Recreation Department. 3. SECURITY. The Contractor shall be responsible for providing 24-hour security of the explosives before, during and after the event. The Contractor agrees to provide on-site fire protection from the East Naples Fire District and/or other authorized County Fire Districts, and on-site Emergency Medical Services from the Collier County EMS Department. 4. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Agreement a maximum amount of Twenty Four Thousand Nine Hundred Nine~ Nine Dollars ($24,999). Fifty percent (50%) of said monies shall be dispersed to the Contractor no later than ten working days before the event and the remaining fifty percent (50%) shall be dispersed no later than five (5) working days after the completion of the event. 5. NOTICES: All notices from the County to the Contractor shall be deemed duly served if mailed by registered or certified mail to the Contractor at the following address: ~ ZambelIF Fireworks Intemationale 1700 N. Dixie Highway, #125 l Ager~da, ~:e¥ _j Boca Raton, Florida 33432 No. J u r~ O {~ 1999 All notices from the Contractor to the County shall be deemed duly served if mailed by registered or certified mail to the County at the following address: Collier County Government Complex Parks and Recreation Department 3300 Santa Barbara Boulevard Naples, Florida 34116 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 6. 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. 7. PERMITS: LICENSES: TAXES: All local, county, state and federal permits necessary for the prosecution of the Work shall be obtained by the Contractor. All 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. 8. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. 9. 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. 10. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11 .INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 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. B. Business Auto Liability: Coverage shall have minimum limits of $1,000.000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies. 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. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12.INDEMNIFICATION: The Contractor/Vendor, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named Contractor/Vendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The Contractor/Vendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the Contractor/vendor's limit of, or lack or, sufficient insurance protection. The first Ten dollars ($10.00) of money received on the contract price is considered as payment of this obligation by the County. l' A~end& ~°"/¢ This section does not pertain to any incident arising from the sole negligence of Collier County. 13. THIS AGREEMENT shall be administered on behalf of the County by the Parks and Recreation Department. 14. COMPONENT PARTS OF THIS CONTRACT: This Contract consists of the attached component pads. all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, RFP No. 99-2923 Specifications. 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 and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts By: By: Pamela S. Mac'Kie, Chairwoman Dated: (Seal) Zambelli Fireworks Internationale Contractor By: First Witnees~ Signature Danabeth Zambelli George R. Zambelli Type/Print Witness Name Typed Signature /~d~ '~ % ¢,~¢'W,...-' President Second Witness Title Ruth Gordon Type/Print Witness Name CORPORATE SEAL (Corporations Only) Approved as to form and le~al~sufficiency: Assis~,~nt County'Attorney ~" Agenda. ~ 4~ PRODUC£~ (]~,I) 721-L]72 FAX (314)721-.2979 TIFFS CERTIFICATE IS ISSUED AS A MATTER Of INFORMATION e~dria. N Baker & {o ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE · · HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 8301 Maryland Avenue ALTER ~E COVE~GE AFFORDED BY THE POLICIES BELOW. P. O. Box 6687[ COMPANIES AFFORDING COVERAGE St. Louis, MO 6B166-6871 cou~.¥ General Star National Insurance Company A~ Ext: A ~' k Gerling America Insurance Company Zambel 1 i Fi re~or s Hanufacturing COMPANY B I Company, Inc. P.O. Box 1463 cou~ C Cer tificate~ 10072/Show~991033 New Castle, PA 16103-1463 COMPANY D COVE~GES .... ;" .... THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY INDICATED. NO~VITHSTANglNG ANY REOUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHE~ DOCUMENT WITH RESFECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSU~NCE AFFORDED B~ THE POLlO:ER gESCR1BED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONOITICNS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN RE~UCE~ BY P~[O C~IMS CO ~PE OF INSU~NCE POLICY NUMBER POLICY EFFEC~ POLICY EXPI~TION LIMITS LTR DATE (MNt~D,~ DATE GENE~L LIABILI~ GENE~L AGG~E~TE S 3 , 000 COMMERCIAL GENE~L LfABILI~ PRODUCTS - COMP/DP AGO $ A C~MSU~OE X eccu. NYC 355~58A ~.~-~n~/nl/1oQq~..- 02/01/2000 PERSONAL&ADVINJURY S 1,000,000 OWNEr'S & CONT~CTOq'S PROT ~Ch OCCURRENCE $ i, 000 , 000 rmE DA~GE ~y ~e r, re) S S O, 000 MED ~XP (~y ~ ~rml $ COMBINED SINGLE LIMIT ANY AUTO ALL O~ED AUTOS ~OOILY IrUURY SCHEDULED AUTOS IP~ ~1 HIRED AUTOS BODILY I~URY NONSKED AUTOS (P~ ~d~lJ PRO~R~ DA ~.~GE ~A~GE LIABILI~ AUTO ONLY - ~ ACCIDENT ANY AUTO O~ER ~N AUTO O~LY: ~' -"~ ~CH ACCIDENT $ AGGRE~TE S EXCESS UAmU~ ~Ca OCCUaaE.CE S B X uue.~c~ro~.~ 400 ~9 95 CUP 0g/0[/[9~9 02/0[/2000 ~O~aE~TE S 9,000,000~ OTHer THM~ UMBREL~ ~ORM v~C 5TAlU- OTH- ~ - WORKERS COMPENSA~ON AND TORY LIMITS ER - %.,. ' THE PROPRIETO~ INCL EL DISUSE - ~L~Y LIMIT PARTNERS,~ECUTNE O[~ICERS ARE ~CL EL DI$~SE - ~ EM~LO~E OTHER D~play Dare: July ~, 1999 Ra~nda~e: July 5, Location: Sugden RegSonal Park ~ ~dd~r~onal Insured: ColI~er County OESCRIP~ON OF OPE~ON~LOCA~ONSNEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER CANCELLATION ' ~ SHOULD ANY OF THE ABOV~ DESCRIBED POLICIES BE CANDELLED BEFORE THE Collier Court:7 EXPIRATION DATE ~EREOF. THE ISS~NG COMPANY~LLENO~VOR TO MAIL 3301 E. Tamiami Trail 30 OAYSWRI~ENNO~CETOTHECER~FIC*~HOLDEENAMEDTOTHELEFFI. ~e~e~al Se ~lces Bldg BUT FAILURE TO M~L SUCH NO~CE SHALL IMPOSE NO OBLIGA~ON OR LIA81~ p le s, ~ 34112 or A~ND U~N mE COUP~Y. ITS A~E~R REPRESENTATIVES. AU~HO~O~~""~s~N+~n~/ /'~7' - ;--- " ' ! J ~ I~, g O ACORD. CERTIFICATE OF LIABILITY INSURANCE - : 09/17/1998 ] PRODUCER (314) 721-1372 FAX (314)721-2979 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION kdrian N. Baker & Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR 8301 Maryland Avenue ALTER THE COVERAGE AFFORDED BY TIlE POLICIES BELOW. P. O. Box 66871 COMPANIES AFFORDING COVERAGE St. Louis, NO 63166-6871 co~tr,A~, American Interstate Ins. Co. Attn: Gloria Powers Ext: A INSURED Zambelli Intl Fi reworks COM.^NY Mr. George Zambelli 20 South Mercer St Box 1463 · ~ C New Castle, PA 16103-1463 COMPANY D ' THIS IS TO CERT1FY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLJCY PERIOD INDICATED, I'~OTWITHSTANDI~qG ANY REQUIREMENT, TERM OR CONDITION OF AJ'~Y CONTRACT OR OTHER DOCUMFNT WITH RESPECT TO WHICH THIS CERTIFICATE M. AY BE ISSUED OR MAY PERTAJN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN iS SUBJECT TO ALL THE TERNLS. EXCLUSIONS A3~D CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED ElY PAJD CLAIMS. CO TYPE OF [NSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY ~_XPIRATION LIMITS LTR DATE IMM~DI~'Y~J DATE (MMJDC~FYI GENERAL LLA/~LFr~ GENERAL AGGREGATE $ ' :: ..:..:~:.i.C,O~M,~'qC.~. GE.NERAL UABILJTY PRODUCTS · C.~MPIOP AGG C:):il [:~ ~ J ~CUR PERSONAL & AOV INJURY $ 'OWNE.R'S &C..~NTRACTOR'S DROT EACH OCCURREr~CE $ ~ FiRE DAMAGE (Any ~e ~le) $ : EEO ~.XP (Any one p~l~=~',I $ AUT~E ~ . ...... : CGM~INED SINGLE LIMIT $ : i A~Y AUTO :: ALL O~NNF-~ AUTOS EDGILY INJURY ! ...... i ~..H~DULE.D AL/TC~ (Pe¢ per.%on} $ ....... ! NI~ED AUTOS eOD~LY ~NJURY $ ! hiO~,OVVNE.D AUTOS (Per ! ....... i ...................................... PROPERTY DAMAGE $ (~/d~AGE LL~BILIT'Y AUTO ONLY - EA ACC.~DENT : A~Iy AUTO OTHER THAI'~ AUTO C~LY : :'.'i-.: .:':::$~:: EACH AC~:OENT AGGREGATE $ EXCE.S~ L~BIL.JTY EACH OCCURRENCE $ UMi~LR E. LI.A r-C~M AGGREGAI E i OTHER TI-~JN L~E~RELLA FORM WORKERS C,OMPE)~..SATION AND X wC STATU. OTI-L EMP~OYERS' ~ EL EACH ACCIDENT $ 1000000 A ....... i98WCPA127986 09/17/1998 O1/O1/2000 ................................................................. THE PRO,OR~TC~J ~NCL ~ EL O~SEASE · POLICY uMrr $ 1000000 PARTNER S/EXEC~E Gl:FleERS ARE EXCL: EL DISEASE. EA EMPt. OYEE $ 1000000 OTHF. R : DESCRIPTION OF OPERATIONS/LOCATION.%~VEHICLEe'JSPECIAL ri'EMS SHOULD ANY OF tHE A~OVE DESCRIBED POL,CIES BE CANCELLF. D BEFORE THE Co l~e ~ COU~E~ EXHIHATION DATE THEREOF. THE ISSUING COMPLY WILL E~VOR TO ~IL 3301 g. Tamiami Trail ]O ~yswRIrTENNOrICETOTHECERIIFICATEHO~ERNAM~TOTHE~. General Services Bldg .ur ~LUHE 'O M'IL SUCH NONCE SHALL '"POSE N(JOeL~~ ~ DATE (MM/DO/Y'Y) ACORD. CERTIFICATE .... OF-LIABILITY,INSURANCE.... :- 5/24/99 ..OOUCER (314)721-1372 FAX (314)721-2979 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ~dr~an N Baker & Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE · HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 8301 Maryl and Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ~ Box 66871 COMPANIES AFFORDING DOVE.GE _ouis, >10 63166-6871 COMP~N~ Travelers Indemni~y Co. of Connec~icu[ Attn: ~t: A ,NSU~D Zambelli Fireworks ,., , ~ , ~k'anu~ac'ur~n~ COMPANY Gerling America Insurance Company B Company, Inc. P 0. Box 1463 COMPANY ' C New Castle, PA ~6~03-1463 COMPANY D COVE~GES T~S ;S TO CERTIFY THAT THE mCL~C~ES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSLRED NAMED ACCVE FOR THE POLICY PERIOD iNDICATED NCT,'TITHSTANC~NG ANY RECUIREMENT, TERM OR CC, NBITICN OF ANY CONTACT OR OTHER DOCUMENT WiTH RESPECT TO WHICH TH~S CERTIFICATE MAY S5 ',SSU~D OR MAY PERTAIN. THE INSU~NCE AFFOADED BY THE PCLIC~ES DESCR~ED HEAEiN ~S SUBJECT TO ALL THE TERMS. EXCLUS;CNSAND CCNCJTICNSOFSUCHPOLiCJES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAJ~ C~IMS CO ~PE OF INSU~NCE POLICY NUMBER POLICY EFFEC~E POUCY EXPI~ZION LIMITS LTR DATE (MMID~) DA~ GENE~L L(ABILI~ GENE~L ~GGAEGATE S CCMMERC;AL GENE~L LIABILI~ PRODUCTS. CCMP,"OP AGG C~iMS /.IADE OCCUR PERSONAL & AB'/ INJURY S OWNER'S & CONT~CTOR'S PROT EACH CCCURREI;CE S AUTOMOBILE L[ABILJTY C~MBINE~ S;NGLE L~M~T S X *NY~UTO 1,000,000 ~HEBb'LED AUTCS (P~ C~n) S ~, 7EE286T2038TO99 03/23/1999 03/23/2000 ~AED AUTOS BCD;LY INJU~Y NON-OWNED AUTOS (P~ a~c~n:) PRCPER~ DAMAGE S GAUGE LIABILI~ AuTO ONLY - ~ ACC;~ENT S At;Y AUTO O~ER THAN AUTO ONLY' ~CH ACC;DENT ~GGREGATE EXCESS LIABJLI~ ~CH OCCURRENCE B X UMeREL~ORM 400 39 95 CUP 02/01/1999 O2/01/2000 AGG~E~TE $ 4,000,000 O~ER T~AN UMBREL~ FORM WORK~RS COMPENSATION AND TORY LIMeS ER '" "' ' . _. EMPLQY~' MABILi~ EL ~6H ACCIDENT THE PRCPRI~C~ INCL EL OlS~SE - ~UCY LIMIT P~RTNER~ECUTIVE OFFICE~ ARE. ~CL EL DIS~E - ~ EMPLOYEE OTHER Hired Physical Damage ~00 DeducrSb]e Comprehen55ve A 7EE28612038T~99 03/23/1999 03/23/2000 $500 Deductible Collision DESCRIPTION OF OPERATIONS/LOCAT1ONSNEHICLES/SPECIAL ITEM~ CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIE5 BE CANCELLED BEFORE THE ---~ollier County EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENOE.AVOR TO MAJL 0l g. Tamiami Trail 3_g DAYSWRI'rTENNOTICETOTNECERTIFICATEHC'~""~_'~u_=~~r~'f~'"~. .~ Naples, FL 34112 OFANy~u~NTMECOMPANY. ITSAG~T~EP~SE~A~~)~ J i ..... } o c5~8 COLLIER COUNTY GOVERNMENT SUPPORT SERVICES DMSION 3301 TAMIAMI TRAIL EAST Purchasing Department NAPLES, FL 34112 (941) 774-8425 TO: Prospective Proposers FROM: Gwen Butler, CPPB, Senior Buyer ,.~ Purchasing Department SUB J: RFP #99-2923 - "Fireworks Exhibition for 4th of July 1999" DATE: April 5, 1999 Collier County is seeking proposals from vendors to provide a fireworks exhibition on the 4t~' of July 1999 at Sugden Regional Park. Please refer to the Public Notice contained in the enclosed Proposal Package for the time and the due date for proposal submission. All Proposals must be forwarded to the County Purchasing Director's Office, General Services Building, Collier County Government Center, 3301 E. Tamiami Trail, Naples, Florida 34112. The services shall include, but not be limited to the "Scope of Services" as described in the attachment. If you have any immediate questions regarding the intended Scope of Services, you may contact Mr. John Dunnuck, Operations Coordinator, at 941/353-0404. Procedural queries may be directed to me at 774-8425 or you may email me at GwenButler @colliergov,net . We look forward to your participation in this process. cc: John Dunnuck, Parks & Recreation Department Agenda U N 0 It Pg ..~__~ RFP g99-2923 - "Fireworks F_xhibition for 4t~ of Jul,v, 1.9,99 Page 2 ~-- PUBLIC NOTICE OF REQUEST FOR PROPOSALS Collier County is requesting Sealed Proposals from firms capable of providing a fireworks exhibition on the 4th of July 1999. Proposals will be received until 3:00 p.m. on April 23, 1999 at the Purchasing Department, General Services Building, Collier County Government Complex, Naples, Florida 34112. RFP #99-2923 "Fireworks Exhibition for 4th of July 1999" All proposals shall be made upon the enclosed forms requesting pertinent information, which will be used by the County in making its evaluation of the proposals. All proposals shall be submitted in accordance with the Instructions to Proposers and the Request for Proposal specifications. Any firm who is a recipient of County funds, or who proposes to perform any work or furnish any goods under this RFP shall not discriminate against any worker, employee or applicant or any member of the public based on age, race, color, sex, religion, national origin, disability or marital status, nor otherwise commit an unfair employment practice. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /S/ Steve Carnell Purchasing Director This Public Notice was posted in the Lobby of the General Services Building, Collier County Government Center on April 5, 1999. --A'gen da 2 t~e m_.. J U N 0 8 RFP ~)9-2923 - "Fireworks Exhibition for 4'~ of July, 1999 -Page 3 NON-PROPOSER'S RESPONSE For purposes of maintaining an accurate vendor's list and facilitating your firm's response to our RFP, we are interested in ascertaining reasons for prospective proposer's failure to respond to RFP solicitations. If your firm is not responding to this RFP, please indicate the reason(s) by checking any appropriate items(s) listed below and return this form to Ms. Gwen Butler, Senior Buyer, Collier County Purchasing Department, General Services Building, County Government Center, Naples, Florida 34112. We are not responding to this RFP invitation for the following reason(s): Services or materials requested not manufactured by us or not available to our company; Our services or materials do not meet specifications; Circle one - Specifications were: Not clearly understood, Not applicable, Too vague, Too rigid, or ; Insufficient time allowed for preparation of RFP; Incorrect address used. Please correct mailing address: Other reason(s): Name of Firm: Mailing Address: City, State, ZIP: Phone ( ) FAX By: Signature of Representative No.~t;[ ~) 3 RFP g99-2923 - "Fireworks Exhibition for 4t~ of July, 1999 ' Page Instructions to Proposers PROPOSAL SUBMISSION: The proposal shall be deemed an offer to provide and conduct a fireworks exhibition. In submitting a proposal, the Proposer declares that he understands and agrees to abide by the Scope of Services, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Proposer agrees that if the contract is awarded the work shall be performed in accordance with the provisions, terms and conditions of the contract. By submitting a proposal, the Proposer declares that he understands and agrees that this proposal, scope of services, provisions, terms and conditions of same, shall become part of a valid contract between Collier County and the undersigned upon notice of award in writing and/or issuance of a purchase order by Collier County. The Proposer shall submit the original properly signed in blue ink and dearly marked "Original", and five (5) copies of the proposal to the Purchasing Director in a sealed envelope on which shall be clearly stated the proposal closing date, the name of the proposal, and number assigned to the proposal. The County assumes no responsibility for proposals received after the due date and time, or at any office or location other than that specified herein, whether due to mail delays, couder mistakes, mishandling, inclement weather or any other reason. Late proposals will be returned, unopened, and will not be considered for award. PRINCIPALS/COLLUSION: By submission of this Proposal, the undersigned, as Proposer, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. INSURANCE COSTS: Since these conditions include Insurance Requirements, it should be noted by the Proposer that, in order to meet the County's requirements, there may be additional insurance costs to the Proposer's firm. It is, therefore, imperative that the Proposer discuss these requirements with the Proposer's agent, as noted on the Insurance Check List, so that allowances for any additional costs can be made by the Proposer. PROPOSAL WITHBRAWAL: No Proposal may be withdrawn after it is filed unless the Proposer makes his request in writing to the County prior to the time set for the closing of Proposals, or unless the County fails to accept it within sixty (60) days after the date fixed for opening. ~t~m.~ 1999 RFP g99-2923 - "Fireworks Exhibition for 4m of July, 1999 'Page 5 EXCEPTIONS TO INSTRUCTIONS OR CONDITIONS: Proposers taking exception tc an, part or section of these instructions or conditions shall indicate such exceptions on their Proposal. Failure to indicate any exceptions shall be interpreted, as the Proposer's intent to fully comply with the Scope of Services as written. LAW AND REGULATIONS: It shall be understood and agreed that any and all services, materials and equipment shall comply fully with all Local, State and Federal laws and regulations. PROPOSER'S CERTIFICATION: Submission of a signed Proposal is Proposer's certification that the Proposer shall accept any awards made to him as a result of said submission of the terms contained therein. The Proposer's obligation under this provision shall not be limited in any way by the agreed upon contract price, or the Provider's limit of, or lack of, sufficient insurance protection. The Proposer shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement and shall hold the County harmless against all claims of whatever nature by third parties. RELATION OF COUNTY: It is the intent of the parties hereto that the successful proposer shall be legally considered as an independent contractor, and that neither he nor h employees shall, under any circumstances, be considered servants or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said successful proposer, his servants or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. TAXES: Collier County is exempt from Federal Excise and State of Florida Sales Tax. Collier County Use Tax Certificate Number is 21-07-019995-53C. INVOICES: Payments will be made for articles furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within a reasonable time thereafter. The number of the Purchase Order, by which authority services have been made, shall appear on all invoices. Invoices shall be submitted in duplicate. EXPENSES INCURRED IN PREPARING PROPOSAL: The County accepts no responsibility for any expenses incurred in the Proposal, preparation or presentation; such expenses to be borne exclusively by the Proposer. TERMINATION: Should the contractor be found to have failed to perform his services in a manner satisfactory to the County as per the requirements of this RFP and any subsequent Agreements and Purchase Orders, the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. J U N 0 8 999 RFP g99-2923 - "Fireworks Exhibition for 4'~ of Julv~ 1999 Page 6 LIABILITY: Successful Proposer will not be held responsible for failure to complete contract due to causes beyond its control, including, but not limited to, work stoppage, fires, civil disobedience, riots, rebellions, acts of God and similar occurrences making performance impossible or illegal. PROPOSAL FORM: Each proposer must submit the Proposal Form included in this Request for Proposal. SINGLE PROPOSAL: Only one proposal from a legal entity will be considered. If it is found that a proposer is interested in more than one proposal, all proposals in which such a proposer is interested will be rejected. SIGNATURE OF PROPOSER: The proposer must sign the proposal in the spaces provided for signatures. If the proposer is an individual, the words "Sole Owner" shall appear after his signature. If the proposer is a partnership, the word "Partner" shall appear after the signature of one of the partners. If the proposer is a corporation, the signature required is the Officer, Officers or Individual duly authorized by its by-laws or the Board of Directors to bind the corporation with official corporate seal affixed thereto. ._.. REJECTION OR ACCEPTANCE OF PROPOSALS: The right is reserved by Collier County to waive any irregularities in any proposal, to reject any or ail proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the County of Collier. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection of the proposal. In the event of default of the successful proposer, or his refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other proposer or to re-advertise using the same or revised documentation, at its sole discretion. ADDITIONAL INFORMATION: Questions regarding this proposal must be submitted to: Ms. Gwen Butler Purchasing Department 3301 Tamiami Trail East Naples, Florida 34112 (941) 774-8425 Email: GwenB utler @colliervov.net ---- Should any questions or responses require revisions to the Request for Proposal as originally published, such revisions will be by formal amendment only. ,-:-:n da J t~em RFP 099-2923 - "Fireworks Exhibition for 4~ of Julv, 1999 Page 7 SCOPE OF SERVICES Introduction: The Collier County Parks and Recreation Department is seeking proposals for the second annual fireworks show to be held on the 4th of July, 1999 at Sugden Regional Park. The budget for this year's event is $24,999. The fireworks exhibition shall occur after sunset. Description of the Site: Sugden Regional Park totals 120 acres. Sixty (60) acres is a fresh water lake in the middle of the Park. The fireworks display will be shot from an inlet piece of land on the west side of the lake while the public will view the display along the designated beach and open space area on the far side of the lake. Since space is I;ientift~t. the show is capable of featuring a mixture of ground, mid-range and high-flying fireworks. Enclosed is an aerial picture of the site and a sketch site map (Attachment A), Note from last Year: Due to the extended dry season last summer and the surrounding residential houses, the fire department implemented a maximum ceiIing for the fireworks show. The maximum shell size was 6 inches (6"). Alternate Fireworks Packaqes: Vendors are encouraged to include alternative fireworks packages as well. Collier County's Requirements: The vendor shall include any requirements for the County pertaining to staffing and amenities. Rain Date: If the event is canceled on the scheduled date (July 4, 1999) due to weather, July 5, 1999 will be the rain date. inclement weather will be determined by the Collier County Parks and Recreation Department. SUBMISSION REQUIREMENTS Firms interested in providing the services described are invited to submit a complete proposal for consideration. Failure to provide all requested items may be sufficient cause for non-acceptance of the Proposal as to be determined solely by the County. The proposer may provide additional information beyond what is requested. However, all such information shall be placed at the end of the proposal in a section separate from the remainder of the proposal. A committee of five (5) people will review the proposals. The committee will look for creativity, history, experience and the maximum quality and quantity of fireworks Cthe most bang for our buck"). Presentation of the proposal shall include any matedal that will aid the committee's decision. RFP g99-2923 - "Fireworks Exhibition for 4a of ~Iulv~ 1999 Page Proposal shall include, as a minimum, the following information: 1. Performance reliability of fireworks utilized; 2. List of three (3) agencies that have utilized the organization's services to include contact person and telephone number; 3. History of the organization; 4. Disclosure of any legal action taken against your organization; 5. Organization's safety record; 6. Detailed schedule of all activities that will be included in the show. 7. Name of certified pyro-technician that will be responsible for the show to include a resume of fireworks displays that the pyro-technician has conducted. Supplemental Information 1. Insurance Requirements Certification. 2. Proposer's Checklist. 3. Proposer Declaration Statement. Evaluation Criteria Collier County procedure for selecting is as follows: 1. Request for Proposal/Letter of Interest distributed. 2. Receipt of Proposals/Letter of Interest. 3. The Selection Committee will review, evaluate and rank all proposals received from proposers responding to this RFP. The committee members shall score each Proposal in accordance with the rating criteria set forth below, and provide a listing of their scoring and determination of their order of ranking from high to Iow. All Proposals will be evaluated and scored on the following criteria. GRADING CRITERIA POINTS 1. History of Organization 15 2. Experience of Pyro-Technician 20 3. Safety Record of Organization 10 4. Schedule of Activities for fireworks display 30 I 0 l Ss J RFP ~)9-2923 - "Fireworks Exhibition for 4t~ of July, 1999 Page 9 5. Performance Reliability 10 6. References 15 Total Possible Points 100 i~Agenda ].te~ mm' J U N 0 8 RFP g99-2923 - "Fireworks Exhibition for 4t~ of July. 1999 Page 10 Collier County Florida Insurance Requirements INSURANCE TYPE REQUIRED LIMITS X 1. Worker's Compensa5icn Stauu5ory Limits of Florida Sta5u~es, Chap5er 4~0 and ail Federal Goverr~en~ Sta~u~ory Limits and Re~zirements. X 2. Commercial General Bcdii~; infurv & Promern-z Damace Liability (Occurrence Form) patterned afuer the i9~5 I.S.O form with no limiting $ 1,000,000 Single Limi5 endorsements. Per Cccurrence X 3. Indemnification: The Contracncr/Vendor, in considera%ion cf Ten Dollars (SI0.00), the receicn and sufficiency of which is accep5ed through the signing of this dcc'm~,ent, shall ko!d harmless and defend Collier County and its agenss and emp!cyees from all suits and actions, including attorneys' fees and al! costs cf iitigasion an! jud_a~r.,enns cf any name and descripticn arising eu~ cf or inciden~ai to the performance of this contracn or work performed ~hereunder. This provision shall also pertain tc any claims brought agains5 the Counny by any employee of the named Contractor/Vendor, any Subconnrac5or, or anyone directly or indirectly employed by any of ~hem. The Connractor/Vendor's obligation under this provision shall not be limited in any way by the agreed upon connract price as shc~r, in this Contract or the Ccnsractor/Vendcr's limit of, cr lack of, sufficient insurance protection. The firs5 Ten dollars ($i0.00) of money received on the contracn price is considered as payment of 5his obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. NA 4. Automobile Liability $ 1,000,000 Each Occurrence Owned/Non-owned/Hired Automobile Included X 5. Other Insurance as indicated be!ow: a) Professional Liability $ b) Builder's Risk S Agend~ .ItNm RFP ~)9-~-923 - "Fir~vorks Exhibition lot' 4m ol'~uly~ 1999 Page COLLIER COUNTY FLORIDA INSURANCE REQUIR.~S (Continued) X 6.Ccnzrac[cr shall insure that all subccn[ract, r_c = ccm~!y with the ~ame insurance requirements that he is re~ired to meet. The same Contractor shall provide Coun=y w~=h certificates c insurance meeting the re.c-uired insurance =revisions. X 7 Collier County must be n~ed == ADDITICNAL INSURED" c.. Insurance Cer%ificate for Ccmr,,erciai General Liability where re~aired. X 8. Ccl!ier County Board cf County Ccr~,issic,~n_r_= _ka~i~_ . be named ~he C~r:Lficaue Holder. NOTE--The "Cer:'=~c~:e Holder should read as fo!lows: Collier Coon;'/ Bcard of County Ccm~isstcner~ No Ccun~y Division, Department, cr ~- ~- ~ ~ ,~ ' .... d_v_c ='u-i n~T,e s,ou_c cn ~he Csr~ifica=e. Nc other fc_-~..a- will bs acc~D~ab!e. X_~___~. Thir=y (30) Day~ Cancellation Notice X '~. Th~ Cer=~fica~e mus[ s=a=e =he Bid N~T~er and Tit!~. BIDDERS A=ND iNSUk==NCE AG~T STATL.UT_NT: We understand =he insurance requir~m~ncs cf -~=== =peuifica=icns and that the evidence cf insurabi!i[y may be reculred. '~=~. ..... n five (5) date of the award of bid. Zambel!i Fireworks Internationale ADRIAN N. BAKER AND COMPANY Bidder insurance Agency Si~a=ur~ cf Bidder Si~atu~e o~'~_dde'r's Agent 1999 RFP ~99-2923 - "Firewor 'ks Exhibition for 4t~ of July. 1999 Page THIS FORM IS TO BE COM~LET~--D AND RE."~-RA~ED WITH T.m~'- PROPOSAL THIS SHEET MUST BE SIGNED BOARD OF C0~Y CC~D~iSSiC~S COLLIER COL~, FLORi~ ~rchasing De,arden= PROPOSERS C~ LiST I M P 0 R T A N T: Please read carefully, si~ in the s~aces indicated and retu~ with ycur PrcDosa!. Pr~cser shcui~ check c== each cf the fsllc'.~inc i:ems as -~ ........ .... ==__s-~.'= az~izn is ccmple:e.i: _. The Prcpcsa' has keen signed. A~.',' re~aire.f drawlncs d==--~-~i-.'e ii]erasure, e~:. ka'.'e keen included. 3. f~-V delivery infc~.azlzn re,~airel is znrluiei. 4. if re,faired, ~he ~r. cun~ cf Se.zurl~v de~zs~ has keen and ~ - ~ .........= AJ.'; a~d~-d''- ~="=,._._ keen _=~nel =-hi ~nuiuiei. 6 ..... '~= r. aii~nc er.-.'elc~e has h__n== =-ilrassei - Purcha_in~ _ir~ crt ~card cf Csun%'y Crr.nlsstcners Collier Coun~v GcverT_men~ Censer - ~ld~. W 3301 T~mi~m~ Tral! E. ~lapies, Flcrida 7. The maiilr.= envelcue must ke ~_al_d aha rar<ec Prcuosal N'~r~ e r ProDosal ?i:ie; Due Da:e. 8. The Prcucsal w; ~: ~= ,-..ailed cr '=''"=~-~ ...... nc la,er than ~he srec~. _=;=~ due ~i~:_= and :ime. (Ttk_~..;~se Pr:pcsai carJ. cz be ccnsldered.) ~L C0~IER-DEL~D PROPOS~S/~2 ~ST ~ T~ PROPOSe/ ~P ~ER ~ TITLE ON T5~ 0~SiDE 0F T5~ CO~IER PAC~T Zambelli Fireworks In~erna~ionale Ccmpany N~r.e Signazure & GeorEe R. Zambel!i, President Da=e April 21, 1999 J O N 0 lS CJ RFP ~99-2923 - "Fireworks Exhibition for 4ta of,July, 1999 Page 13 CONTRACT PROPOSAL BOARD OF COUNTY COMMISSIONERS Collier County Courthouse Naples, Florida 34112 RE: Request for Proposals #99-2923 - "Fireworks Exhibition for 4:'" cf July 1999" Dear Commissioners: The undersigned, as F. rcFcse:, here~y dec!ares that he has exam.r.e: :r.e S.:c,ce cf Se.,"¢ices. and informed himse!f fully in reca:d to all conditions pe.,'t,---_inin_:, tc fL:.-.iSX;,'.~ -=-xd ccr, ductir, g a fireworks exhiisition. Proposer lufF, er Ceo!ares that the only persons, c:m:sr.v :r Facies interes;ec in this Prcccsal cr the Ccntrac: to be entered into as princlpn_!s are name: -,e.-e:n: :hat ~h~ Prcccsa: is made withcut connec:icn with any other person, company cr ccmr_5.-.;es ma,<:7.~ 5 F-~F ~' is in ail res:ects fair anC in cccc fa::n, vvitncut collusicn er frauc. The se,'-,,ice to be ' ,"~- ' :v us is _ ' fu ...... e.: hereb, v declarec ann cuarar:es: :: :e;n cc,";crmc_nce ' : C'C' '"'"~ with the snecific3Wcns cf ,ti ....... The uncersi~nec ¢o~ =¢'--¢- ,'.ha,. Should th~ proposal be =,-":'-,: ...... =x_..,._=~',,,= l~: form cf ccmract ann present the same tc the Coumy Purchasing Direc:cr for days after being notified cf ,.= awarcing cf the contract. The ,, '~-,~:--=- '~ ,.nc .... _.. ......fu~her agree fha.: failure to execute and deliver said forms of contract within fiff, een (i $'~ c.=_:;s ',;'ill result in damaces tc the Ccun%,,. IN WITNESS WHEREOF, WE have hereunto subscribed cur names cn t.-.;s 21 Cay cf Ap~i1 , 1 999 in the Cou,'-,~/cf ?al:~ Beach , in tr, e state .:f Florida Oeo=ge ~. Zambe111, Za..mbeZli FireNorks Inl:ermat:.i. on~ Proposer's Complete Legal Name (Circle on~c!e Prop rietorsmp, F ar'tn e~ Phone No. 800.860.0955 FAX Numb. 561.39~.1799 1700 It'. I)±×ie 1-11ghNa¥, Address Boca ?,acon, FL 33432 City and State Z!P BY: ~/ Typed and Written Sicnature Attachment "A" JUN 0 8 199~ I ZAMBELLI INTE~NATI~NALE ZAMBELLI INTERNATIONALE FIREWORKS MFG. CO., INC. PROPOSAL FOR COLLIER COUNTY PARKS & REC. I. INTRODUCTION We are pleased and honored to. again, have been invited to submit a proposal for Collier County Parks & Rec. Enclosed you will find a pretiminao' ove~iew' of our proposed program. We take pride in knowing that our name is recognized and respected world-wide, as v~'e go to Feat len~hs to pro,,ide satisfaction and pleasure to our customers. Zambelli Internationale has been in the firew'orks business for over 100 .;'ears, having displayed tbr super bowls, U.S. Presidents, kings, queens, numerous world historical events and for such internationally known programs as "Thunder Over Louisville," "Desert Storm," "The Statue of Liberty," as well as "Super Bowl X."'CXIII '99". Our name, alone, bespeaks of our commitment to quality, affordability, originality and technology Ahvavs we have been on the forefront in the coupling of fireworks with lasers arid computers, safety with pleasure, quality with economy and creativity with colors graphics and musical choreography. Over the past century, our versatility has allowed us to successfully execute all types and sizes of events throughout the world by means of manually detonating shells as well as through high-tech, electronic firings in synchronization with audio simul-casting via radio waves. Too, because we are the world's largest manufacturer and displayer of pyrotechnics, we can offer our clients a variety of"home-made and customized" shells in conjunction with the finest fireworks culled from other countries. Additionally, being as large as we are, we are capable of storing and stockpiling thousands &different shells; thus, our customers never have to worry about planning a show and then not being able to produce because of some unforeseen shortage in the availability of shells, or some other unexpected hazard. INTERNATIB NALE With a superior, competent, and highly creative staff, Zambelli Imernationale is known for its ability to originate and implement any type of show, construct any type of graphics, manufacture any type of shell. In ten decades, we have never been stumped. We are able to wTite any story in the skies. Our shows are ahvavs unique, electfiO'ing. breath-taking and crowd-pleasing. Zambetli Internationale makes its customers look good to its spectators. We stand behind our name and deliver what we promise. \\'e have been praised and named in hundreds of publications, including The Living \x,~tite House. Time-Wamer's Library, of Curious and Unusual Facts. Guinness Book of World Records and a sle~v of magazines, newspapers, television and radio programs. Because we practice only the highest standards, and have earned the best safety record among ail firexvorks companies. our insurance rating is the finest in the industD'. Quality and safety are of prime importance to us, so we make and fire only the finest caliber of shells, broadcast only through the best sound systems, and practice only the hfghest standards. Like fine wine, we get only better with time. I£vou thought we did an outstanding job for you previously, imagine what we can give you in 1999. i ,ZAMBELLI ~ F I I~ E W 0 I~ K ~ INTE~NATIGNALE II. OBJECTIVE Our only goal is to please you by offering an outstanding program tendering vMd colors. titillating music, unequaled special effects and axvesome sights and sounds that make you the hero to your spectators. We do this by manufacturing customized shells, painstak- ingly selecting others from around the world to enhance your program and electronically choreographing a show designed specifically for you with the "bangs" bursting at the precisely designated moment, and the "booms" resonating world-xvide to te!l everyone what a great festival you have. Watching our shells zig-zag through the air. erupting kaleidoscopic fusiilade of sprays. strobes, streamers and hearing heart-stopping symphonies, toe-tapping music, soul- wrenching rhythms, you'll knox,,' you're at a Zambelli show which will stay with you long afl. er the fireworks have ended. III. NATURE OF PROPOSAL The contents of this proposal serve as a suggestion only. We at Zambelli Internationale are distinguished for pleasing our clients by our willingness and abilities to invent the unique, modify the existing, adapt customer's designs, fashion a fresh innovation out of bits and pieces from an antiquated one and meld the old into new, the new into the old. or develop something in-between. Thus, this proposal serves only as a guide of the possibilities we can devise for you, but always your input is key to making a show successful. As a suggestion, then, we submit this proposal offering a finely designed and outstanding performance that we believe will leave your spectators amazed and appreciative of your efforts. This proposal provides for a charismatic and powerful, yet streamlined, design that blazes across the skies unequaled anywhere. JON 0 8 99 Z 4BELLI I NT~' ~ NATI 0 N,&;--- IV. PROPOSALS COLLIER COUNTY PARKS & RECREATION JULY 4. 1999 3" - 6" SHELLS 524.999 SHELL DESCRIPTION QUANTITY OPENTNG FINALE Three Inch Shells ................................................................ 120 Four Inch Shells ................................................................. 24 Five Inch Shells ................................................................... 10 Six Inch Shells ..................................................................... 4 BODY OF PROGR.&M Three Inch Shells ................................................................... 270 Four Inch Shells ..................................................................... 220 Five Inch Shells ...................................................................... 160 Six Inch Shells ........................................................................ 120 FINALE: Three Inch Shells .................................................................... 560 Four Inch Shells ....................................................................... 48 Five Inch Shells ........................................................................ 30 Six Inch Shells .......................................................................... 28 ' Agen t INTE~NATIONALE SHZ. LL DESCRIPTION Q U:U\'TITY SPECIAL EFFECTS 30 Second Strobe Pots ....................................................... 20 30 Nh-',.l Comet Candies ....................................................... 40 Three Inch Comets ............................................................. 40 Red, Silver, White Waves .................................................. 200 Bloomin~ Silver' Chrysanthemums .................................... 200 Treasure ChB.'samhemums ................................................. 400 Flash With Report .............................................................. 1040. IN OU'R OPINION, THE QUA=',TITIES OFTEN SU-BNFITTED IN' PROPOS.-U_S CA_\' BE DECEIVING Z.&'vEBELLI FIREWORKS GUAR.&NTEES TO UTILIZE ONLY THE FINEST QUALITY PRODUCT ON YOUR DISPLAY A_N-D ~,~,2I.L NOT INTLATE OUT,. PROPOSAL N'U~'M:BERS BY USE OF LOWER QUALITY MULTI-FIRING CAKE DEXqCES. IT IS OUR OPINION THAT THE USE OF THIS PRODUCT DECREASES THE QUALITY OF YOL'R. DISPLAY! - Z BELLI INTERNATIONALE IV. PROPOSALS COLLIER COUNTY PARKS & RECREATION JULY 4, 1999 3" - 12" SHELLS S24.999 SHELL DESCRIPTION QL'ANTITT OPENTNG FIN'.aLE Three Inch Shells ................................................................ 80 Four Inch Shells ........................................................... 12 Five Inch Shells ................................................................... 5 Six Inch Shells ..................................................................... 4 Eight Inch Shells .................................................................. 1 BODY OF PROGRAM Three Inch Shells .................................................................. 188 Four Inch Shells .................................................................... 150 Five Inch Shells ..................................................................... 110 Six Inch Shells ...................................................................... 90 Eight Inch Shells ................................................................... 20 Ten Inch Shells ........................................................................ 12 Twelve Inch Shells .................................................................. 5 FINALE: Three Inch Shells .................................................................... 460 Four Inch Shells ....................................................................... 36 Five Inch Shells ........................................................................ 25 Six Inch Shells .......................................................................... 20 Eight Inch Shells ....................................................................... 2 Ten Inch Shells ......................................................................... 1 Twelve Inch Shells ................................................................... 1 I '--Agend~ Z"td~m ' I ! JUNO81§gg SHELL DESCRIPTION QUANTITY SPECIAL EFFECTS 30 Second Strobe Pots ....................................................... 20 30 MM Comet Candles ..................................................... 40 Three Inch Comets .............................................................. 40 Red, Silver, White Waves ................................................. 200 Blooming Silvery Ch~'santhemums .................................... 200 Treasure Chrysanthemums ................................................... 400 Flash With Report .............................................................. 1040. IN' OUR OPINION, THE QUANTITIES OFTEN SL'B.~flTTED IN' PROPOS.-kLS CA_N BE DECEIYTNG. ZAMBELLI FIREWORKS GU.,k,R_&NTEES TO U'TILIZE ONLY THE F1N'EST QUALITY PRODUCT ON YOUR DISPLAY AND WILL NOT INTLATE OLR PROPOSAL NUMJ3ERS BY USE OF LOWER QUALITY MLZTI-FIRING CAKE DEVICES. IT IS OUR OPL',,'ION THAT THE USE OF THIS PRODUCT DECREASES THE QUALITY OF YOL-R DISPLAY'. i, ,,ZAMBELLI F I !~ EW 0 ~ K S INTERNATIONALE ** NEW AND UNIQLrE SHELL DESCKIPTIONS ** DURATION/LINGERING EFFECTS Gold Spider to White Strobe Diadem Chrysanthemum w/Strobing Pistil & Rising Gold Tail Spider Web and Pimpinella Brocade and Silver Crown Chrysanthemum Gold Rippling Chrysanthemum Iwiniding Kamuro Chrysanthemum w/Rising Tail Majestic Transformation Arch Diadem Chr3.'santhemum w/Palm Tree Pistil Big Willow w/Strobing Stars Glittering Gold to Red Crown Chrysanthemum Glittenng Gold to Green Crown Chrysanthemum Glittering Gold to Silver Crown Chrysanthemum Weeping Willow and Gold Spiderweb Shell of Shells Brocade and Golden Kamuro Chrysanthemum White Magx~esium Comets NOVELTY SHELLS Bees and Bees Tourbillions Tourbillions to Report Tourbillions to Titanium Report Serpents and Whistles Red Comets to Titarfium Reports w/Rising Silver Tail Blue Comets to Titanium Reports w/Rising Silver Tail Red and Purple Magnesium Butterflies Silver, White Flitter and Gold Flitter Crossettes Green Magnesium w/Gold Flitter Crossettes NOISE SHELLS Floral Salute Shell of Shells Flash and Titanium Salute Tourbillions to Report Crackling Star Shells Blooming Silvery Chrysanthemum Gold Sparkling Kamikazes Red Comets to Titanium Reports w/Rising Silver Tail Blue Comets to Titanium Reports w/Rising Silver Tail [-- ...... g~enda It-m ,,ZAMBELLI F I ~ E W E3 i~ K E INTERNATIONAl-E[ ** NEW & U.'N'IQUE SHELL DESCRIPTION PATTERN SHELLS Red and Silver Concentric Rings Letter "F", "iff", "~f' and "Z" Pattern Shells One Red, white, Blue, Green or Yellow Circles Ring and Small Flower Hat Pattern Shell and Saturn Shells Cross Within, Interlocking and Square in Circle Umbrella, Stained Glass, Snails, Clovers and Lemon Panems Diamond Pattern w/Strobing Center SPECLa, L PATTERN SHELLS Red and Purple Heart Pattern Red Strobe Ring Hour Glass Silver w/Red Ring Hour Glass Gold w/Blue Ring Red & White Double Strobe Rings Red, White or Blue Five Pointed Star Pat;ems Yellow & Green Ribbons (In Honor of' our Troops) PALM TREE EFFECTS Gold Tiger Tail w/Palm Tree Core Golden Palm Tree Shell of Shells Golden Palm Tree w/Large Rising Tail Silver Palm Tree w/Large Rising Tail Diadem Chrysanthemum w/Palm Tree Pistil Red, Blue, Green and Purple Peony w/Palm Tree Pistils Crackling Palm Tree w/Large Crackling Tail MULTI-SHELL OF SHELLS EFFECTS Red, Blue and Green Chrysanthemum Shell of Shells Golden Palm Tree and Weeping Willow Shell of' Shells Eight Break Spider Web and Pimpinella Blooming Silvery Chrysanthemum Gold Sparkling Kamikazes Silver, White Flitter and Gold Flitter Crossettes Oreen Magnesium w/Gold Flitter Crossettes i ,ZAMBELLI FIREWORKS INTERNATID NALI? ** NEW & UNIQU-E SHELL DESCRIPTIONS *' MULTI-SHELL OF SHELLS EFFECTS (CoB't) Purple Laced Flowers Grapes all over the Vineyard Blossom After Thundering Tv'ice Presented Flowers Gold Spiderweb Shell of Shells RISING TAIL EFFECTS Silver Tiger Tail w/Silver Flower Core Gold Tiger Tail w/Gold Flower Core Red Tiger Tail w/Blue Core Golden Tiger Tail w/Palm Tree Core Golden Palm Tree w/Large Rising Tail .._. Crackling Tiger Tails w/Crackling Core HALF AND HALF EFFECTS Half Blue & Red Chrysanthemum w/Half Red & Blue Pistil w/Rising Tail Half Silver & Red Chrysanthemum w/Half Red & Silver Pistil w/Rising Tail Half Blue & Silver Chrysanthemum w/Half Silver & Blue Pistil w/Rising Tail STROBING EFFECTS Diadem Chrysanthem w/Strobing Pistil & Rising Gold Tail Lighming Bugs (Strobing Stars) Big Willow w/Strobing Stars Sparkling Red, Green, Silvery or Golden Lights Red or White Strobe Gold Spar 'kling Kamakazes Double Strobing Rings PARACHUTE SI~ELLS Series of Glittering, Red, Green or Colored Stars Flying Butterflies in the Star Night Double Happiness Lantern Wailed Flowers in Successive Appearances J O N 0 8 )999 /! ZAMBELLI F I R E W E3 ~.. K ~ I N TK't~ NATI C] NALE 1999 SPECIALTY SHELLS Kaleidoscope Shells - These shells represent the small tubes of colored glass. The colored stars change their colors three times by sections. creating different shapes and colors. Wa,.zon Wheels - These unique shells are in the shape of an old fash- ioned wagon wheel. The spokes are thick palm tree effect of white & gold with a colored ting. Tremeton - A bright silver glittering ball creating a shimmering effec:! Glitter Blast - A thick glittering gold chrysanthemum ball creating a sparkling golden glow! INTERNATIONALE SHELL DESCRIPTIONS CHRYSANTHEMUMS AND PEONIES The most familiar of the star burst shells to the U.S. Audiences are the floral shells. These shells engulf the entire sky with color and thex' look like the flower they are named a~er. PALM TREE AND TIGER TAILS Produces a thick wide tail that rises directly from the mortar tube and when it reaches a proper altitude it bursts into the shape of the palm tree or color bursts. KAMURO AND '¢,'[LLOgV Produces a great willow spray with tendrils that reach almost to the ground. WHISTLE AND SERPENTS These are noise making tubes that give off mild, sad shrieks as they dart across the s 'kies after the shell bursts. STROBES AND TWENKLENG EFFECTS One of the latest aerial effects. A shell appears to let loose a cjuster of glittering lights which float down to the ground. TOURBILLIONS AND BEES/BEES A shell that produces an effect that rotates in the air like a flying saucer or wheel top. NOISE SHELLS Known as a report or salute, this shell goes up and ~ves a loud bang sound. Agenda ~tgm 0) ' , ZAMBELLI FI ~ EW E] ~ K ~ INTER NATI F'I NA LE V. METHODOLOGY Aerials xvill contain Zambelli specialty shells and customized designs peainent to the selected choreography. Special e,ff'ects will be prevalent, and shells shall be a combination of Zambelli manufactured and specialty types, as ~,vetl as hand-selected ones from all over the world. Only the finest quality ,,*,'ill be submitted to Collier Count*,'. Zambe!li Intemationale does a commendable job in clean-up, as xvell. ZAMBELLI I NTE~ NAT1 ONALE VI. SCOPE OF WORK Zambelli Intemationale Fireworks follows the NTPA 1123 code and the following requirements: ALCOHOL, TOBACCO, FIREARxMS REQUIREMENTS: 1. Explosives are delivered to site in locked truck. 2. Truck will be placarded. 3. Truck will have 24 hour security. 4. Security Guard will have written instructions on emergency procedures. 5. Truck will have an anti-theft lock such as (The Club). O S I:L-k REQUIREMENTS: I. Hard hats will be worn. 2. Ear protection will be used. 3. Eye protection will be used. 4. There will be (4) water type fire extinguishers per barge. 5. Steel toe safety shoes will be worn. 6. There will be a firing booth to protect the technician and the control equipment. 7. There will be radio communication to land from the barge. PERMITS: Zambelli will file for all local, county, State and Federal Permits. *'Z:\MBELLI INTERNATIONALE SCOPE OF PROCEDLrRES*' A. Permits and clearances as necessary from local jurisdiction. B. Deliver mortars, equipment and lireworks to staging area. C. Mortars. lumber, and related lireworks equipment. D Set tip schedule as folloxvs: 800 .-\X! July 4, 1999 - Initial mortaffequipment installation. - Continue mortar/equipment installation until complete,,' Begin loading fireworks. - Loading of fireworks as necessary and prepare for exhibition. Immediately following display - Dismantle installation until complete. *'NOTE. Above schedule can be altered or modified as necessary! - ZAMBELLI I NT~ N ATI O NALE QUALIFICATIONS & EXPERIENCE For 1 O0 years and three generations, members of the Zambelli Family have combined quality, showmanship and safety in establishing ourselves as .America's Leading Manufacturer and Exhibitor of Pyrotechnic Ex~travaganzas. The development ora variety of firing systems that include Push Button. Touch Tone. Micro-Processor, Digit Cue and Electrical Firing Systems has transffessed from a toggle type switch in 1963 to a totally computerized firing system that has been completed and tested. This computerized system is the World's First and most advanced. It is the prototype for the new generation of etectronic-computerized-pyrotec,h.nics. Zambelli Internationale has produced the world's largest pFTo-musical productions, commencing with the City of Chicago's Sesquicentennial. SLxteen individual pyrotechnic launching sites throu_mhout the Metropolitan Chicago area were coordinated to music that was simulcast over radio and television. The manufacturing capability for producing every pyrotechnic ground, water or aerial device from raw materials utilizing either the stringless technique or the non-flammable spiked technique. Zambelli Internationale has also incorporated automatic presses along with hand craftsmanship to facilitate quality control compression where needed for safety and effectiveness. We are proud to say that we have met all the stringent requirements that are duly enforced by the Alcohol, Tobacco and Firearms Administration and the Occupational Safety and Health Administration. We are also proud to say that we employ a safety director at our facility and in addition, a safety director to make on-site inspections of pyrotechnic displays. Zambelli's pyrotechnicians have attended our extensive training classes and have met all of our rigid safety procedures that exceed state and federal requirements and that are necessary to exhibit a pyrotechnic display in a safe and sane manner. J LJ ni 0 8 1999 , :ZAMBELLI F I I~ E W O !~ K ~ I NTE~ NATII-' N ALE COMPANY TRAIN'ING Zambelli Internationale Fireworks is proud to advise that xve currently have a total of three training courses in place. The first is a basic pyrotechnicians class which covers ali of the basics involved with conducting a fireworks display. The class is a requirement tbr all of our display operators before they are assigned to a display The course covers such items as in-depth coverage ofNTPA 1123, Code for Fireworks Displays. The sate handling, storage, set up, and display operation and all post display operations. The second course offered covers the various aspects of an electrically fired display along with m-depth coverage of the NTPA codes and regulations covering this topic. Both of the above courses include classroom lecture and hands on training for all who participate. In addition to the training as stated above, all new pyrotechnicians are required to work hand in hand with one of our experienced technicians and must show competence in the field with regards to safety, adherence to all codes and re~lations and overall display performance before they are assi_m-~ed as a display operator, The third course that has been developed by Zambetli Internationale is geared for the local fire and police officials who re. late our displays. To date over 100 fire and police officials have received this training which involved both classroom lecture and live demonstrations of a fireworks display. This course has been approved by the Florida State Fire College and offers Continuing Education Credits to its participants. - ZAMBELLI INTER NATI 0 NALE SPECIAL SERVICES Ever since the Boston patriot John Adams urged his countrymen to celebrate their independence with "illuminations", .Americans have been fascinated, charmed and delighted by fireworks, not only on the Fourth of July but at other times of the year as well. For over a century, the Zambelli family has been fueling this love of pyrotechnics through innovation and imagination and by planning and producing each show with the finest craftsmanship to be enioyed bx' all. Against the nighttime sky that provides the canvas upon which your show is seen, a mini-finale of rapid fire of multicolored chrysanthemum and peony shells - stars that burst form a central core both with and without trails -- draw the attention of the audience sk~,~vard. Palm trees and twinkling effects add to the liL,_ht show that is unfolding overhead. Special effects carefully chosen to complement the fireworks and the occasion, serves to heighten the spectators' '-'- emotions. Combined with the color, spectacle and pageantry of the evening, it beans to evoke long forgotten memories, preparing the audience for the body of the performance. As the body of your pro,am increases, shells with greater depth and impact are fired. These include multicolored chrysanthemums and peonies, palm trees and tiger tails, casting a kaleidoscope &color and visual delight. As the mood decreases, more deiicate shelIs, such as kamuros, glittering strobes, willows and twinkling lights will appear. The grand finale brings it all together..rust when the spectators think they have seen it all, the sky is filled with color star shells, fancy star shells, more peonies and chrysanthemums, flash and titanium salutes, the concussive "booms" that end most shows. Because every Zambetli show is designed to create a memorable experience for spectators, who will carry it with them for a lifetime, it means greater reco~maition for your event. VII. INSURANCE COVERAGE INSURANCE COMPANIES: General Star National Ins. Co. - Policy #NYG355758 Gerting America Insurance Co. - Policy ~400-31-77 CUP INSURANCE AGENCY Adrian N. Baker & Company PO Box 66871 St. Louis, MO 63156-6871 LI2MITS OF LL-kBILITY $11 Million Dollars AUTOMOBILE LIABII, ITY COVERAGE $5 Million dollars as required by the Umted States Department of Iransportafion WORKER'S COMPENSATION Pyrotechnicians will meet all of the requirements of the Worker's Compensation laws of your state. INTER NATI ?- NALE REFERENCES Ms. Janet Metz - 1996, 1997. 1998 & 1999 City of Greenacres Dept. of Pks & Recreation 525 Swain Boulevard Greenacres, FL 33~63 (407) 642-2180 Mr. Ken Richardson - 1996. I997 & 1998 City of Cooper Citx' Dept. of Pks & Recreation 9090 SW 5th Place Cooper City, FL 33328 (954) 4344300 Ms. Mar,,' Pinak - 1996. 1997 & 1998 City of West Palm Beach Special Events Dept. PO Box 3366 West Palm Beach. FL 33402 (561) 659-8004 Ms. Jean Fountain - 1996, 1997 & 1998 City of North Miami Dept. ofPks & Recreation 776 Northeast 125th Street North Miami, FL 33261 (305) 893-6511 Ms. Debra Winograd - 1996, 1997 & 1998 City of Margate 5790 Margate Boulevard Margate, FL 33063 (954) 972-6458 Mr. Art Resnick - 1996, 1997 & 1998 City of Coral Springs 9551 West Sample Road Coral Springs, FL 33075 (954) 344-1100 JUN 0 8 1999 "'~ XIAJOR REFERENCES ** "NATIONA_L VICTORY CELEBRATION- WASHINGTON, DC - JL ~tE 8, 1991 "STATLT OF LIBERTY CELEBILa. TION-' .x,TW YORK. N'Y - JU;-LY 4, 1986 "DERBY FESTIVAL - OPENTNG CEREMONTES/THLLNDER OX, TR LOL'ISVILLE- LOLqSVILLE, KY- .,-kPKIL. 1991 - 1998 "SAUT)t .'EKABIA- '~TSTERDAY .&N"D TODA"i-' WASHINGTON, DC - J'L"LY 29, 1989 "I--IL-DSON'S FREEDOM FESTIVAL" DETROIT, MI - 1990 - 1998 "WORLD L~-I'vTRSITY G~¥1ES - OPENING/CLOSING CEREMONTES" BL'TF.4~LO, NY - JULY, 1993 "ATLA~',;TA BRA\TS - NATIONAL LEAGLrE CI-L&MPIONS" ATLA~NTA" GA- 1986- 1998 "DISNEY'S POCAHONTAS - PREMIE. RE IN THE PAR.K" NTW YORK CITY - JUNE 10, 1995 "GU.&M'S NEW YEAR'S PROGR.A:W' GUAM, MARL&.NA ISLANDS - DECEMBER 1990 - 1998 "A STAR SPANGLED NIGHT AT LENOX SQUARE" ATLANTA. GA - JULY 4, 1990 - 1998 "POPE JOHN PALL II VISIT TO TIlE U.S." ST. LOUIS, MISSOURI - JANUARY 27, 1999 ZAMBELLI INTER N ATI [] NALE Displays fire&worked within the past three years: Ft. Lauderdale Air& Sea Show - 1995 - 1998' Florida Marlins. Miami. FI. - 1994 - 1998' Thunder Over Louisville. l.ouisviile. KY - 1996 - 1999* University of Florida "Galor (}fowl", Gainesville, FL - 1996 - 1998* Atlanta Braves. Allanta, GA - 1997 - 1998 Disnev's Hercules Premier. New York City. NY - 1997 Miami Dolphins, Team Introduction & Half Time - 1997, 1908' Florida Panthers Arena Opening, I st Home Game - 1998* Minnesota - Governor Venlura's,~People's Celebration - 1999' Super Bowl XXXIII- Half Time Presentation. 1999' (*Dcnotcs Computer Chorcogrnphy Display) Display References: Chief Chris Weir, City of Fort Lauderdale Fire Dept. {o54) 761-5896 Mr. Nlickev Nlarkoff. Ft. kauderdale Air & Sea Show (054) 467-3555 Mr. Hoxvard Spector, Ashley Entertainment (954) 981-8941 ZAMI~I!I.I.! I:1 It I ! \\..'( '~l~, I,( S 'I'I!CI INIt'I:.\N Iii(SI'NIlE l,l()l)crl .1. ~milh 41)31 I(:!~:c~v(~d l)rix 275-85 'fears ~11' l!xt)cl icnc~: Cilv of Ne,.',' Yo~'k - Class t';-18 -/163325252 Siale ot' Nevada - (..'etlilic;tl¢ ;/11)58, (iree~slmr{). N.C. - t'erlified Cily ot'SI. I.~)~ti.s - £'e~'titied - tt 160() Cily of Ne',',,.' { )rlca~l.'-; - I.icense t~()21BC Cilv o1' l)elroil - Cellitied State of Coltmdo - [)isl)li~y ()perator - t,/98-I)-479 Slale of Colorado- Pyr{~lecl~ics ()i)eralor- 1~98-P-478 Slate of Minnesota - Outtlt){)r & l~door/l~roximale - #B0481 EXECUTIVE SUMMARY AUTHORIZATION FOR THE CHAIRWOMAN TO EXECUTE THE RESOLUTION, FIRST LOAN AGREEMENT AND FIRST PROMISSORY NOTE ASSOCIATED WITH THE NATION'S BANK LINE OF CREDIT FOR THE FINANCING OF THE NORTH NAPLES REGIONAL PARK PROPERTY. OBJECTIVE: To provide a large regional park that can provide both active and passive recreation opportunities meeting the recreational growth needs of the community. CONSIDERATIONS: The Board authorized staff to pursue a $10M line of credit through its Financial Advisor to provide an alternative funding source primarily for the proposed North Naples Regional Park project. The Board has authorized the purchase of +175 acres of property on the future Livingston Road corridor for a regional park. The property was closed on March 28m using internally borrowed funds from the Solid Waste fund (470). This allowed the property to close by the specified closing date within the purchase agreement, and avoid additional compensation to the property owner while the closing documents for the line of credit were finalized and reviewed by the County Attorney's Office. Although the Board authorized the Chaim, oman to sign the documents, all attorney's involved recommended that the documents be presented and formally approved by the County Commission. Attached is the resolution which authorizes the total $10M line of credit, which can only be repaid from Park and Recreation impact fees or other lawfully available non-ad valorem revenues. In addition there is the loan agreement and the specific promissory note for the particular draw of $4,275,000 for the property purchase at hand. The attached agreements are not in final form and may require minor revision through the County Attorney's office. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this specific financing item. The value of all of the park land and all improvements will be credited toward the County's inventory of park land and facilities. FISCAL IMPACT: The County is allowed under this line of credit to borrow up to $10,000,000. Each draw must be approved by the Board separately. The interest rate will be roughly equivalent to 95% of that Treasury Bond rate which has a maturity date closest to the maturity date of the term of the note being drawn. In this particular case the annual fixed interest rate is anticipated to be approximately 5.4% to 5.6%. The dosing costs for establishing the line of credit are estimated to be $25,000, and are included in this initial promissory note draw. RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS, authorize the Chairwoman to execute the resolution and loan agreement between Collier County and Nations Bank, N.A., following final review and approval by the County Attorneys office establishing the $10,000,000 line of credit and the promissory note providing for the initial draw of $4,275,000 to provide the funding for the property purchase for the North Naples Regional Park property. Prepared b~~.~--~~_ ~D Thomas W. Olh~ ~ublic Services Administrator RESOLUTION NO. 99- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING THE ISSUANCE OF PROMISSORY NOTES OF THE COUNTY IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $10,000,000 TO FINANCE THE COST OF CAPITAL IMPROVEMENT PROJECTS APPROVED BY THE BOARD; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION OF THE NOTES AND OF A LOAN AGREEMENT; PROVIDING THAT SUCH NOTES SHALL NOT BE GENERAL OBLIGATIONS OF THE COUNTY BUT SHALL BE PAYABLE ONLY FROM CERTAIN PARKS AND RECREATIONAL FACILITIES IMPACT FEES AND LAWFULLY AVAILABLE NON-AD VALOREM REVENUES OF THE COUNTY; PROVIDING FOR THE RIGHTS, SECURITIES AND REMEDIES OF THE OWNERS OF SUCH NOTES; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: Section 1. Authofit3t_foLt.hkLResnlatinn. This Resolution is adopted pursuant to the provisions of Article VIII, Section 1 of the Constitution of the State of Florida, Chapter 125, Florida Statutes and other applicable provisions of law. Section 2. Definitions. The following words and phrases shall have the following meanings when used herein: "Act" means Article VIII, Section 1 of the Constitution of the State of Florida, Chapter 125, Florida Statutes and other applicable provisions of law. "Advance" means a borrowing of money by the Issuer from the Original Purchaser pursuant to the Loan Agreement which shall be evidenced by a Note. "Applicable Rate" means (i) if on the date of issuance of the Note, the Original Purchaser shall receive an opinion of Bond Counsel to the effect that the Note is a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Code, then (x) if the Issuer shall have elected the Three Year Maturity Date, the Three Year BQ Rate or (3') if the Issuer shall have elected the Five Year .Maturity Date, the Five Year BQ Rate or (ii) otherwise (x) if the Issuer shall have elected the Three Year Maturity Date, the Three Year Non-BQ Rate, or (y) if the Issuer shall have elected the Five Year Maturity Date, the Five Year Non-BQ Rate. d 0 i~ 0 i~ 1~99 ~ · ..._._....~ MAY ~6 ~99 ~04PM P.~×~6 "Bond Counsel" means an attorney-at-law or fa-m of such attorneys having expertise in the legal aspects of the issuance of indebtedness by states and political subdivisions thereof. "Business Day" means any day except any Saturday or Sunday or day on which the Principal Office of the Original Purchaser is closed. "Chairman" means the Chairman or Vice-Chairman of the Board of County Commissioners of the Issuer. "Clerk" shall mean the Clerk of tlxe Circuit Court in and for Collier County, Florida, officio clerk to the Board of County Commissioners, or any duly authorized deputy thereof. "Code" means the Internal Revenue Code of 1986, as amended, and any Treasury Regulations, whether temporary, proposed or final, promulgated thereunder or applicable thereto. "Cost" means, with respect to the Project, any obligation or expense incurred by the Issuer to the extent permitted by the Act. "Five Year BQ Rate" shall mean the rate per annum, determined as of the Business Day immediately preceding the date of the request for the Advance by the Original Purchaser, equal to 83 % of the "ask yield" as reported in The_W~.Str..ecI_J~u~l, for the United States Treasury Bond maturing cIosest to but not before the Maturity Date of the applicable Note, and if more than one treasury bond matures on such date, then the treasury bond which trades closest to the price of par. "Five Year Maturity Date" shall mean that the maturity date of the applicable Note shall be the day five years following the date of issuance of the Note. "Five Yea~ BQ Rate" shall mean the rate per annum, determined as of the Business Day immediately preceding the date of the request for the Advance by the Original Purchaser, equal to 98 % of the "ask yield" as reported in ~t_J. ournal, for the United States Treasury Bond maturing closest to but not before the Maturity Date of the applicable Note, and if more than one treasury bond matures on such date, then the treasury bond which trades closest to the price of par. "Issuer" means Collier County, Florida, a political subdivision of the State. "Loan Agreement' is defined in Section 6 hereof. "Maturity Date" shall mean, as to any Note, as elected by the Issuer in the requests for Advance related to such Note, either the Three Year Maturity Date or the Five Year Maturity Date. "Non-Ad Valorem Revenues" means all revenues of the Issuer not derived from ad valorem taxation and which are lawfully available to be used to pay debt service on the Notes. f '"Age;d 2 I JUN 0 8 1999 ! MAY ~6 ~99 O~:~4PM P~5×~6 "Notes" means the Notes of the Issuer authorized by Sections 4 and 5 hereof. "Original Purchaser" means NationsBank, N.A. "Owner" or "Owners" means the Person or Persons in whose name or names the Notes shall be registered on the books of the Issuer kept for that purpose in accordance with provisions of this Resolution. "Park Impact Fees" means those fees imposed pursuant to Article H, Chapter 74, Code of Ordinances of Collier County, Florida, or may similar fee now or in the future imposed or enacted by the Issuer in order to cause land development construction designed or intended to permit more dwelling units than the existing use of the land to contribute its fair share to the cost of improvements and additions to the Issuer's park system that are required to accommodate the use of such parks and recreational facilities by such growth, including, but not limited to, those fees imposed pursuant to Ordinance No. 99-.. , enacted by the Issuer on __, I999. "Person" means natural persons, firms, trusts, estates, associations, corporations, partnerships and public bodies. "Pledged Revenues" means (i) the Park Impact Fees and (ii) to the extent provided in Section 8 hereof, the Non-Ad Valorem Revenues. "Principal Office" means, with respect to the Original Purchaser, thc office located at 4501 North Tamiami Trail; Suite 400; Naples, Florida 34012, or such other office as the Original Purchaser may designate to the Issuer in writing. "Project" means various capital improvement projects approved by the Issuer, but only to the extent the cost of such Project could lawfully be paid with Park Impact Fees. "Resolution" means this Resolution, pursuant to which the Notes are authorized to be issued, including any Supplemental Resolutions. "State" means the State of Florida. "Supplemental Resolution" means any resolution amendatory or supplemental to this Resolution adopted by the Issuer in accordance with Section 10 hereof. "Three Year BQ Rate" shall mean the rate per annum, determined as of the Business Day immediately preceding the date of the request for the Advance by the Original Purchaser, equal to 80% of the "ask yield" as reported in T_he_W_alLSLrr~tJamlmal, for the United States Treasury Bond maturing closest to but not before the Maturity Date of the applicable Note, and if more than one treasury bond matures on such date, then the treasury bond which t~ades closest to the price of par. MAY ~6 ~99 ~:05PM P.6×~6 "Three Year Maturity Date" shall mean that the maturity date of the applicable Note shall be the day three years following the date of issuance of the Note. "Three Year Non-BQ Rate" shall mean the rate per annum, determined as of the Business Day immediately preceding the date of the request for the Advance by the Original Purchaser, equal to 95 % of the "ask yield" as reported in ~t. Jmu:nal, for the United States Treasury Bond maturing closest to but not before the Maturity Date of the applicabIe Note, and if more than one treasury bond matures on such date, then the treasury bond which trades closest to the price of par. Section 3. Resolution to Consfimt~~. In consideration of the purchase and acceptance of the Notes authorized to be issued hereunder by those who shall be the Owners thereof from time to time, this Resolution shall constitute a contract between the Issuer and the Owners. Section 4. Auttm~~. Subject and pursuant to the provisions of this Resolution, special obligations of the Issuer are hereby authorized to be issued under and secured by this Resolution in the aggregate principal mount of not exciting $10,000,0(X) for the purpose of financing the Cost of the Project. Because of the characteristics of the Notes, prevailing market condifiom and additional savings to be realized from an expeditious sale of the Notes, it is in the best interest of the Issuer to negotiate with the Original Purchaser to purchase the Notes f-rom time to time at private negotiated sales. Prior to the issuance of each Note the Issuer shall receive from the Original Purchaser the disclosure required by Section 218.385, Florida Statutes. Section 5. Dexcr~tiort_of__b[oles. (a) Each Note shall be in the principal amount of the Advance represented thereby, slmll be designated as "Promissory Note" with an appropriate additional designation to distinguish it from all other Promissory Notes of the Issuer, shall be dated the date of its execution and delivery, which shall be a date agreed upon by the Issuer and the Original Purchaser, and shall bea~ interest at the Applicable Rate (subject to adjustment as provided in the Note), computed on the basis ora 360-day year for the actual number of days elapsed, and shall mature on the Maturity Date. The Notes shall have such other terms and provisions and shall be substantially in the form of the Note attached hereto as Exhibit A, with such changes as may be approved by the Chairman, such approval to be conclusively evidenced by the execution thereof by the Chairman. (b) The Notes shall be executed on behalf of the Issuer with the manual signature of the Chairman, and shall have impressed thereon the official seal of the Issuer, and be attested with the manual signature of the Clerk, and the Chairman and Clerk are hereby authorized to execute and attest to the Notes on behalf of the Issuer_ (c) The Chairman is hereby authorized to request Advances from time to time under the Loan Agreement. Section 6. Loan_Agr¢_eaxteat. Notwithstanding any other provision hereof, no Note shall be issued nor shall the Issuer be obligated to issue thc same nor shall thc Original Purchaser be obligated to purchase the same, unless and until the Issuer and the Original Purchaser shall execute a Loan Agreement in substantially the form attached hereto as Exhibit B (the "Loan Agreement"). The form of the Loan Agreement is hereby approved by the Issuer and the Chairman is authorized to execute the same, with such changes as may be approved by the Chairman, such approval to be conclusively evidenced by the execution thereof by the Chairman, and upon such execution, the Clerk is authorized to attest to the Loan Agreement on behalf of the Issuer. Upon execution of the Loan Agreement by the Issuer and the Original Purchaser, the same shall constitute a part of this Resolution the same as if set forth in full herein. Section 7. Registration.and.F..xe._l_l_hange of Note; Pei:so~nez~. So long as the Notes shall remain unpaid, the Issuer will keep books for the registration and transfer of the Notes. The Notes shall be transferable only upon such registration books. The Issuer will transfer the registration of a Note upon written request of the Owner specifying the name, address and taxpayer identification numbe~ of the transferee. The Person in whose name a Note shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of principal and interest on such Note shall be made only tO or upon the written order of the Owner. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Note to the extent of the sum or sums so paid_ Section 8. Pay~ Principal and Interest;.L~. The Issuer promises that it will promptly pay the principal of and interest on the Notes at the place, on the dates and in the manner provided therein according to the true intent and meaning hereof and thereof, provided that the principal of and interest on the Notes is payable solely from the Pledged Revenues, and nothing in the Notes, the Loan Agreement or in this Resolution shall be construed as pledging any other funds or assets of tlae Issuer to such payment or as authorizing such payment to be made from any other source. The Issuer is not and shall not be liable for the payment of the principal of and interest on the Notes or for the performance of any pledge, obligation or agreement for payment undertalcen by the Issuer hereunder or under the Loan Agreement from any property other than the Pledged Revenues_ No Owner of any of the Notes shall have any right to resort to legal or equitable action to require or compel the Issuer to make any payment required hereby or by the Notes or the Loan Agreement from any source other thais the Pledged Revenues. The Issuer covenants that for so long as any Note shall remain unpaid, it will not repeal or modify the ordinance(s) which impose the Park Impact Fees in any mariner so as to adversely affect the ability of the Issuer to pay the principal of and interest on the Notes as the same shall become due and payable. The Issuer will not issue any other obligations or incur any liability payable from the Park Impact Fees arid having a right to payment therefrom that is on a parity with or prior to the right to repayment therefrom of the Notes. Furthermore, except for the Notes, the Issuer will not issue any obligations or incur any liability payable from the Park Impact Fees unless (i) there is no MAY 26 '99 02:86PM P.8×26 default with respect to payment of the principal of or interest on the Notes or otherwise hereunder and (ii) the Park Impact Fees collected by the Issuer during the 12 full months most recently concluded preceding the date of issuance of such additional debt or incurrence of such additional liability shall be at least 1,30 times the maximum amount of principal and interest or other form of payment scheduled to be made with respect to the Notes and such additional debt or liability during any twelve month period after the date of issuance of such additional debt or liability. The Issuer cove/rants that, so long as any Note shall remain unpaid, it will appropriate in its annual budget, by amendment, if required, from Non Ad Valorem Revenues, amounts sufficient to pay the principal of and interest on the Notes not being paid from other amounts as the same shall become due. In the event that the amount previously budgeted for such purpose is at anytime insufficient to pay such principal and interest on the Notes, the Issuer covenants to take immediate action to amend its budget so as to budget and appropriate an amount from Non Ad Valorem Revenues sufficient to pay such debt service on the Notes. Such covenants to budget and appropriate from Non Ad Valorem Revenues shall be cumulative to the extent not paid and shall continue until such Non Ad Valorem Revenues sufficient to make all required payments have been budgeted, appropriated and used to pay such debt service on the Notes. Section 9. Complianc;_.w.i~. The Issuer hereby covenants and agrees, for the benefit of the Owners from time to time of the Notes, to comply with the requirements applicable to it contained in Section 103 and Part IV of Subclmpter B of Chapter 1 of the Code to the extent necessary to preserve the exclusion of interest on the Notes from gross income for federal income tax purposes. Specifically, without intending to limit in any way the generality of the foregoing, the Issuer covenants and agrees: (I) to pay to the United States of America from the funds and sources of revenues pledged to the payment of the Notes to the extent legally available, and from any other legally available funds, at the times required pursuant to Section 148(0 of the Code, the excess of the mount earned on all non-purpose investments (as defined in Section 148(0(6) of the Code) allocable to each Note (other than investments attributed to an excess described in this sentence) over the amount which would have been earned if such non-purpose investments were invested at a rate equal to the yield on such Note, plus any income attributable to such excess (the "Rebate Amount"); (2) to maintain and retain all records pertaining to and to be responsible for making or causing to be made all determinations and calculations of the Rebate Amount and required payments of the Rebate Amount as shall be necessary to comply with the Code; (3) to refrain from using proceeds of the Notes in a manner that would cause any of the Notes to be classified as private activity bonds under Section 141(a) of the Code; and MAY ~6 ~99 0~:06PM P.9×~6 (4) to refrain from taking any action or omitting to take any action if such action or omission would cause any of the Notes to become arbitrage bonds under Section 103(b) and Section 148 of the Code. The Issuer understands that the foregoing covenants impose continuing obligations on the Issuer to comply with the requirements of Section 103 and Part IV of Subchapter B of Chapter 1 of the Code so long as such ~equirements are applicable. Section 10. AmeaxlmcnI. This Resolution shall not be modified or amended in any respect subsequent to the issuance of the Notes without the written consent of the Owner or Owners of all of the Notes. Section 11. Limit~tkm_cff~Righls. With the excepUon of any rights herein expressly conferred, nothing expressed or mentioned in or to be implied from this Resolution or the Notes is intended or shall be construed to give to any Person other than the Issuer and the Owners any legal or equitable right, remedy or claim under or with respect to this Resolution or any covenants, conditions and provisions herein contained; this Resolution and all of the covenants, conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of the Issuer and the Owners. Section 12. Se.~e~a,bility. If any provision of this Resolution shall be held or deemed to be or shall, in fact, be illegal, inoperative or unenforceable in any context, the same shall not affect any other provision herein or render any other provision (or such provision in any other context) invalid, inoperative or unenforceable to any extent whatever. Section 13- Business_Days. In any case where the due date of interest on or principal of the Notes is not a Business Day, then payment of principal or interest need not be made on such date but may be made on the next succeeding Business Day, provided that credit for payments made shall not be given until the payment is actually received by the Owners. Section 14. Applicable Provi.~ions..of..La~. This Resolution shall be governed by and construed in accordance with the laws of the State. Section 15. ~mtat[on. Unless expressly indicated otherwise, references to sections or articles are to be construed as references to sections or articles of this instrument as · originally executed. Use of the words "herein," "hereby," "hereunder," "he~eof," "hereinbefore," "hereinafter" and other equivalent words refer to this Resolution and not solely to the particular portion in which any such word is used. Section 16. ~. The captions and headings in this Resolution arc for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Resolution. Section 17. ~ty..o£1sau~. It is hereby expressly made a condition of this Resolution of the Loan Agreement and of the Notes that any agreements or representations hereto Agenda. I,t~m, JUN 0 8 1999 Pg.~._..__ ,, MAY ~6 ~99 O~:O~PM P.10/~6 or therein contained or contained in the documents and instruments executed in connection therewith do not and shall never constitute or give rise to any personal or pecuni~ liability or charge against the general credit of the Issuer and in the event of a breach of any agreement, covenant or representation, no personal or pecuniary liability or charge payable directly or indirectly from any funds of the Issuer other than those pledged hereunder shall arise therefrom. Nothing contained in this Section 17, however, shall relieve the Issuer from the observance and performance of the several covenants and agreements on its part herein contained. Section 18. ~mploy. eg$_of._tb~Issuer Exempt from Perao~i_LJ~. No recourse under or upon any obligation, covenant or agreement of this Resolution, of the Loan Agreement or the Notes or for any claim based thereon or otherwise in respect thereof, shall be had against any County Commissioner of the Issuer, or any officer, agent or employee, as such, of the Issuer past, present or future, it being expressly understood (a) that the obligation of the Issuer under this Resolution is solely a corporate one, limited as provided in the preceding Section 17, (b) that no personal liability whatsoever shall attach to, or is or shall be incurred by, the County Commissioners of the Issuer, or the officers, agents, or employees, as such, of the Issuer, or any of them, under or by reason of the obligations, covenants or agreements contained in this Resolution or implied therefrom, and (c) that any and all such personal liability of, and any and all such rights and claims agaLnst, every such County Cornlnissioner of the Issuer, and every officer, agent, or employee, as such, of the Issuer under or by reason of the obligations, covenants or agreements contained in this Resolution, or implied therefrom, are waived and released as a condition of, and as a consideration for, the execution of tiffs Resolution and the Loan Agreement and the issuance of the Notes on the part of the Issuer. Section 19. /k~ttb.~,ati.o~. The Chairman and such other officials and employees of the Issuer as may be designated by the Chairman are each designated as agents of the Issuer in connection with the issuance and delivery of the Notes and are authorized and empowered, collectively or individually, to take all action and steps and to execute all instn~ents, documents, and contracts on behalf of the Issuer that are necessary or desirable irt connection with the execution and delivery of the Notes, and which are specifically authorized or are not inconsistent with the terms and provisions of this Resolution. Section 20. ]ST~t~ate~,~D. est~oyj:cl,~zl~l~LIAz~ Ida ease any Note shall become mutilated, or be destroyed, stolen or lost, the Issuer shall issue and deliver a new Note of like tenor as the Note so mutilated, destroyed, stolen or lost, in exchange and in substitution for such mutilated Note, or in lieu of and in substitution for the Note destaoyed, stolen or lost and upon the Owner furnishing the Issuer proof of ownership thereof and indemnity reasonably satisfactory to the Issuer and complying with such other reasonable regulations and conditions as the Issuer may prescribe and paying such expenses as the Issuer may incur. The Note so surrendered shall be canceled. Section 21. ImpaimaralLoLC~alI:a~. The Issuer covenants with the Owner of the Notes that it will not, without the written consent of the Owner of the Notes, enact any ordinance or adopt any resolution which repeals, impairs or amends in any manner adverse to the Owner the rights granted to the Owner of the Notes hereunder. ! JUN 0 8 ~AY ~6 '99 ~:O?PM P.11×~6 Section 22. Remcdjm_ofJSIlalr, ltold~. Should the Issuer default in any obIigation created by this Resolution, the Loan Agreement or the Notes, the Owner of the Notes may, in addition to any other remedies set forth in this Resolution, the Loan Agreement or the Notes, either at law or in equity, by suit, action, mandamus or other proceeding in any court of competent jurisdiction, protect and enforce any and all rights under the laws of thc State of Florida, or granted or contained m this Resolution, and may enforce and compel the performance of all duties required by this Resolution, or by any applicable statutes to be performed by thc Issuer or by any officer thereof. Section 23. R~.ealer. All resolutions or parts thereof in conflict herewith are hereby repealed. Section 24. Efcfe£tLv_e_D_atc. This Resolution shall take effect immediately upon its adoption. This Resolution adopted on this _ day of June,. 1999, after motion, second and majority vote. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK By: PAMELA S. MACKIE, CHAIRWOMAN Clerk Approved as to foi'm and legal sufficiency Heidi F. Ashton Assistant County Attorney MAY ~6 '99 0~:08PM P.l~×~6 LOAN AGREEMENT This LOAN AGREEMENT (the "Agreement") is made and entered into as of June __, 1999, by and between the Collier County, Florida, a political subdivision of the State of Florida, and its successors and assigns (the "Issuer"), and NationsBank, N.A., a national ban~dng association, and its successors and assigns as holder(s) of the hereinafter defined Note(s) (the "Bank"); WHEREAS, the Board of County Commission,s of the Issuer did, on June 8, 1999, adopt Resolution No. 99-__ (the "Note Resolution") authorizing, among other things the issuance of Promissory Notes of the Issuer in the aggregate principal amount not to exceed $10,000,000 (col]ectively, the "Notes") for ~e purpose of financing certain of the Costs of the Project (as defined in the Note Resolution); and WHEREAS, the Bank is willing to enter into this Agreement with the Issuer to provide the financing for the Costs of the Project; and WHEREAS, the Issuer hereby determines that ir is desirable and in the b~st interest of the Issuer to enter into ~is Agreement whereby the Issuer will borrow funds from the Bank for the purpose of fin3~cing the Costs of the Project (the "Loans") and to evidence the repayment of such Loans by the issuance and delivery of the Notes to the Bank in the aggregate principal amount of the Loans; and WHEREAS, the Notes shall be issued pursuant to the terms and provisions of the Note Resolution and this Agreement; and WHEREAS, the execution and delivery of this Agreement have been duly authorized by the Note Resolution. NOW, THEREFORE, the parties hereto, intenfling to be legally bound hereby and in consideration of the mutual covenants hereinafter contained, DO HEREBY AGREE as follows: ARTICLE I DEFINITION OF TERMS Section 1.01 ~ The words and terms used in this Agreement shall have the meanings as set forth in the Note Resolution and in the recitals above, unless otherwise defined herein. Unless the context shall otherwise require, the following words and terms as used in this Agreement shall have the following mean~gs: "Advance" means a borrowing of money under a Note, pursuant to Section 5.04 hereof. "Agreement' shall mean this Loan Agreement and .any and all modifications, alterations, amendments and supplements hereto made in accordance with the provisions hereof. "Event of Default" shall mean an event of default specified in Article V of this Agreement. "Loan" shall mean the outstanding principal amount of the Note issued hereunder. "Loan Documents" shall mean this Agreement, the Notes, the Note Resolution, and all other documents, agreements, certificates, schedules, notes, statements, and opinions, however described, referenced herein or executed or delivered pursuant hereto or in connection with or arising with the Loans or the transaction contemplated by this Agreement. "Noteholder" shall mean the Bank as the holder of the Notes, or any other registered holder of the Notes. Section 1.02 ~ Unless the context clearly requires otherwise, words of masculine gender shall be construed to include correlative words of the feminine and neuter genders and vice versa, and words of the singular number shall be construed to include correlative words of the plural number and vice versa. This Agreement and all the terms and provisions hereof shall be construed to effectuate the purposes set forth herein and to sustain the validity hereof. Section 1.03 Titles_aadHe~ The tides and headings of the articles and sections of this Agreement have been inserted for convenience of reference only and are not to be considered a part hereof, shall not in any way modify or restrict any of the terms and provisions hereof, and shall not be considered or given any effect in construing this Agreement or any provision hereof or in ascertaining intent, if any question of intent should arise. ARTICLE II REPRESENTATIONS OF ISSUER Subject to the Note Resolution, the Issuer represents and war~ants to the Bank that: Section 2.01 Powers of Issuer_ The Issue~ is a political subdivision duly organized and validly existing as a county under the laws of the State of Florida. The Issuer has the power to borrow the amount provided for in this Agreement, tO execute and deliver the Notes and this Agreement, to secure the Notes in the maimer contemplated hereby and by the Note Resolution, and to perform and observe all the terms and conditions of the Notes and this Agreement on its part to be performed and observed_ The Issuer is or will be within the time required by law empowered to commence and prosecute the Project and the Issuer may lawfully issue the Notes in order to finance the Cost of the Project. Section 2.02 Authorization of L&_ .am The Issuer has had or will have, as the case may be, full legal right, power, and authority to adopt the Note Resolution and to execute and deliver this Agreement, to issue, sell, and deliver the Notes to the Bank, and to carry out and consummate all other transactions contemplated by the Loan Documents, and the Issuer has complied and will A~da I. tt~ m I JUN O 8 I 99 MAY ~6 ~99 O~SPM P.l~/~6 comply with ail provisions of applicable law ia all material matters relating to such transactions. The Issuer, by the Note Resolution, has duly authorized the borrowing of the amount provided for in this Agreement, the execution and delivery of this Agreement, and the making and delivery of the Notes to the Bank provided for in this Agreement and to that end the Issuer warrants that it will take all action and will do all things which it is authorized by law to take and to do in order to fulfill ali covenants on its part to be performed and to provide for and to assure payment of the Notes. The Issuer has duly adopted the Note Resolution and authorized the execution, delivery, and performance of the Notes and the Loan Agreement and the taitag of any and all other such action as may be required on the part of the Issuer to carry out, give effect to and consummate the transactions contemplated by the Loan Documents. The Notes have been duly authorized, executed, issued and delivered to the Bank and constitute legal, valid and binding obligations of the Issuer enforceable in accordance with their terms and the terms of the Note Resolution, and are entitled to the benefits and security of the Note Resolution and this Agreement. All approvals, consents, and orders of and filings with nay governmental authority or agency which would constitute a condition precedent to the issuance of the Notes or the execution and delivery of or the performance by the Issuer of its obligations under the Loan Documents have been obtained or made and any consents, approvals, and orders to be received or filings so made a~e in full force and effect. Section 2.03 Agr_eeme~. The making and performing by the Issuer of this Agreement will not violate any provision of the Act, or any bond or note resolution of the Issuer, or any regulation, order or decree of any court, and will not result in a breach of any of the terms of any agreement or instrument to which the Issuer is a party or by which the Issuer is bound. The Loan Documents constitute legal, valid and binding obligations of the Issuer enforceable in accordance with their respective terms. Section 2.04 kiligaZiox~Etm There are no actions or proceedings pending against the Issuer or affecting the Issuer wl~ich, either in any case or in the aggregate, might result in any material adverse change in the financial condition of the Issuer, or which questions the validity of this Agreement, me Notes or any of the other Loan Documents or of any action taken or to be taken in connection with the transactions contemplated hereby or thereby. The Issuer is not in default in any material respect under any agreement or other instrument to which it is a party or by which it may be bound. Section 2_05 Financial Informafio~ The financial information regarding the Issuer furnished to the Bank by the Issuer in connection with the Loan is complete and accurate, and there has been no material and adverse change in the financial condition of the Issuer from that presented in such information. Section 2.06 Pled~ The Notes shall be secured by and the Issuer has in the Note Resolution granted to the Noteholder a pledge of the Pledged Revenues. The Issuer hereby ratifies and affirms that the Notes are issued subject to any and all provisions of the Note Resolution. ARTICLE III COVENANTS OF THE ISSUER Section 3.01 Affirmative Covenants_ Subject to the Note Resolution, the Issuer covenants, for so long as any of the principal mount of or interest on the Notes is outstanding and unpaid or any duty or obligation of the Issuer hereunder or under any of the other Loan Documents remains unpaid or unperformed, as follows: (a) Paymenk The Issuer covenants that it shall duly and punctually pay the principal of the Notes and the interest thereon at the dates and place and in the manner provided herein, in the Note Resolution and in the Notes according to the true intent and meaning thereof. (b) U. se_oLPmce, eds, The Issuer covenants that the proceeds f~om the Notes will be used only for Costs of the Project. (c) Bl_otic.e_of De£aults.,. The Issuer shall within ten (10) days after it acquires knowledge hereof, notify the Bank in writing upon the happening, occurrence, or existence of any Event of Default, and any event or condition which with the passage of time or givirkg of notice, or both, would constitute an Event of Default, and shall provide the Bank with such written notice, a detailed statement by a responsible officer of the Issuer of all relevant facts and the action being taken or proposed to be taken by the Issuer with respect thereto. (d) Maiatczmac_e of ~ The Issuer covenants that it will take ail reasonable legal action within its control in order to maintain its existence until all mounts due and owing fzom the Issuer to the Bank under the Loan Documents have been paid in full. (e) Records_ The Issuer agrees that any and all records of the Issuer with respect to the Project and/or the Loan Documents shall be open to inspection by the Bank or its representatives at all reasonable times at the offices the Issuer. (f) Year 2000 Compliance_ The Issuer will promptly notify the Bank in the event the Issuer discovers or determines that any computer application (including those of its suppliers and vendors) that is material to its ability repay the Notes wilt not be Year 2000 compliant on a timely basis. The Issuer reasonably believes that all computer applications (including those of its. suppliers and vendors) that are material to its ability to pay principal of an interest on the Notes will on a timely basis be able to perform properly date-sensitive functions for ail dates before and after January I, 2000. Section 3.02 Negative Covenants .... The Issuer covenants, for so long as any of the principal amount of or interest on the Note is outstanding and unpaid or any obligations of the Issuer under any of the Loan Documents remain unpaid or unperformed, that: MAY ~6 ~99 0~:09PM P.16×~6 (a) The Issuer shall not alter, amend or repeal the Note Resolution, or take any action impairing the authority thereby or hereby given with respect to the issuance and payment of the Notes, without prior written approval of the Noteholder. Co) The Issuer shall not pledge or encumber the Pledged Revenues except pursuant to the Note Resolution. Section 3.03 Iacoxporation of Note Resolution. All representations, covenants and warranties of the Issuer contained in the Note Resolution are incorporated herein by reference to the same extent as if set forth verbatim herein and constitute part of this Agreement. ARTICLE IV THE LOAN; ISSUER'S OBLIGATION; DESCRIPTION AND PAYMENT TERMS; OPTIONAL PREPAYMENT; ADVANCES Section 5.01 Ihe,2.nan. The Bank hereby agrces to loan to the Issuer the amount of up to $10,000,000 to be evidenced by one or more Notes, in each case to provide funds to finance certain of the Costs of the Project, upon the terms and conditions set forth in the Note Resolution and in this Agreement. The Issuer agrees to repay the principal amount borrowed plus interest thereon, upon the terms and conditions set forth in the Loan Documents. Section 5.02. Requisitiom.£o~~. (a) The Issuer may borrow from time to time up to $10,000,000 represented by Notes by requesting Advances hereunder, provided that amounts borrowed may be repaid but may not be reborrowed, and provided further that no Advance will be made after June 9, 2004. The Issuer may not request more than one Advance in any month and no Advance may be for less than $100,000. (b) The Bank shall not be obligated to Advance any funds unless (i) no Event of Default has occurred and is continuing; and (ii) the Issuer delivers to the Bank a written request for such Advance, executed by the Chaim, indicating the amount of the Advance requited, the date on which such Advance is to be made (which shall be not less than five (5) and not more than ten (10) Business Days after the date such request is received by the Bank), stating that the representations and warranties of the Issuer contained herein are true and correct as of such date, stating the Maturity Date and whether the Note is anticipated to be a "qualified m-exempt obligation" within the meaning of Section 265Co)(3) of the Code and the further conditions set forth in (c), below, shall have been satisfied. (c) On the date of any Advance, in addition to all other items required hereby, by the Note Resolution or by the Note, on the date of any Advance, the Issuer shall deliver to the Bank the following: '99 02:10PM W.l~b (i) the written opinion of the County Attorney to the Issuer, in form and substance reasonably satisfactory to the Bank, to the effect that (a) the Note Resolution, this Loan Agreement and the Note are duly authorized, executed and delivered by the Issuer, remain in full force and effect, and constitute the valid and binding obligations of the Issuer enforceable in accordance with their terms; (b) the making of the Advance and the execution and delivery by the Issuer of the Note related thereto do not result in a violation of any provision of any of the Loan Documents; and (c) to the best knowledge of the County Attorney, no Event of Default or event which with the passage of time or the giving of notice, or both, would constitute aa Event of DefauIt exists; and (ii) au opinion of Bond Counsel acceptable to the Bank, in form and substance acceptable to the Bank, to the effect that the imerest on the Note related to such Advance is excludable from the gross income of the Bank for federal income tax purposes, the Note and the interest thereon is exempt from all intangible personal property taxes and excise taxes on documents imposed by the State of Florida, and stating whethex such Note is a "qualified tax- exempt obligation" within the meardng of Section 265(b)(3) of the Code; and (iii) such other instruments, documents and certificates as the Bank may reasonably request in order to demonstrate that the Advance is being made in accordance with the terms hereof and applicable law. ARTICLE V EVENTS OF DEFAULT Section 5.01 CtezLcraL An "Event of Default" shall be deemed to have occurred under ~is Agreement if (a) The Issuer shall fail to make any payment of the principal of or the interest on the Loan within fifteen (15) days after the same shall become due and payable, whether by maturity, by acceleration at the discretion of the Bank as provided for in Section 5.02, or otherwise; or (b) the Issuer shall default in the performance of or compliance with any term or covenant contained in the Loan Documents, other than a term or covenant a default in the performance of which or noncompliance with which is elsewhere specifically dealt with, which default or non-compliance shall continue and not be cured within thirty (30) days after (i) notice thereof to the Issuer by the Bank; or (ii) the Bank is notified of such noneompliance or should have been so notified pursuant to the provisions of Section 3.01(c) of this Agreement, whichever is earlier; or (c) any representation or warranty made in writing by or on behalf of the Issuer in any Loan Document shall prove to have been false or incorrect in any material respect on the date made or reaffirmed; or 6 I MAY ~6 '99 O~:I~PM P.18×~6 (d) The Issuer admits in writing its inability to pay its debts generally as they become due or files a petition in bankruptcy or makes an assignment for the benefit of its creditors or consents to the appointment of a receiver or trustee for itself; or (e) The Issuer is adjudged insolvent by a court of competent jurisdiction, or it is adjudged a bankrupt on a petition ia banlqu, ptcy filed by or against the Issuer, or an order, judgment or decree is entered by any court of competent jurisdiction appointing, without the consent of the Issuer, a receiver or trustee of the Issuer or of the whole or any part of its property, and if the aforesaid adjudications, orders, judgments or decrees shall not be vacated or set aside or stayed within ninety (90) days from the date of entry thereof; or (f) The Issuer shall file a petition or answer seeking reorganization or any arrangement under the federal bankruptcy laws or any other applicable law or statute of the United States of America or the State of Florida; or (g) The Issuer shall default in the due and punctual payment or performance of covenants under any obligation for the payment of money to the Bank. Section 5.02 Effect of Event of Default. (a) Genr, mL Upon the occurrence of any Event of Default, subject to the provisions of the Note Resolution, the Bank shall have and may exercise any or all of the rights set forth herein (which rights are in addition to and not in lieu of any other rights the Bank may have under applicable law) provided, however, the Bank shall be under no duty or obligation to do so. (b) ~x:eleration; Other Remedies. Immediately and without notice, upon the occurrence of any Event of Default, the Bank may declare all obligations of the Issuer under the Loan Documents to be immediately due and payable without further action of any kind and upon such declaration the Notes and the interest accrued thereon shall become immediately due and payable_ Upon such declaration, the Bank may also seek enforcement of and exercise all remedies available to it under the Note Resolution, the Act and any other applicable law. ARTICLE VII MISCELLANEOUS Section 6.01 15[o Wai,~er; CamulatLv. e_Remedies~ No failure or delay on the part of the Bank in exercising any right, power, remedy hereunder, or under the Note or other Loan Documents shall operate as a waiver of the Bank's rights, powers and remedies hereunder, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof, or the exercise of any other right, power or remedy hereunder or thereunder. The remedies herein and therein provided are cumulative and not exclusive of any remedies provided by Iow or in equity. Section 6.02 Ame~ents,~_C. hanges_oLM~~~lxe Agreeme~ This Agreement shall not be amended, changed or modified without the prior written consent of the Noteholders and the Issuer_ The Issuer agrees to pay all of the Bank's costs and reasonable attorneys' fees incurred in modifying and/or amending this Agreement at the Issuer's request or behest. Section 6.03 ~aalmlg, l:l~l:~ This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original; but such counterparts shall together constitute but one and the same Agreement, and, in making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart. Section 6.04 S~ If any clause, provision or section of this Agreement shall be held illegal or invalid by any court, the invalidity of such clause, provision or section shall not affect any othe: provisions or sections hereof, and this Agreement shall be construed and enforced to the end that the transactions contemplated hereby be effected and the obligations contemplated hereby be enforced, as if such illegal or invalid clause, provision or section had not been contained herein. Section 6.05 T~m~:zCfigze, r, me~ Except as otherwise specified in this Agreement, this Agreement and all representations, warranties, covenants and agreements contained herein or made in writing by the Issuer in connection herewith shall be in full force and effect from the date hereof and shall continue in effect until as long as the Note is outstanding. Section 6.06 Noticx~ All notices, requests, demands and other communications which axe required or may be given under this Agreement shall be in writing and shall be deemed to have been duly given when received if personally delivered; when transmitted if transmitted by telecopy, electronic telephone line facsimile transmission or other similar electronic or digital transmission method (provided customary evidence of receipt is obtained); the day after it is sent, if sent by overnight common carrier service; and five days after it is sent, if mailed, certified mail, return receipt requested, postage prepaid. In each case notice shall be sent to: If to the Issuer: Collier County, Florida 3301 Tamiami Trail East Naples, Florida 34112 Attn.: County Attorney If to the Bank: NationsBank, N.A. Commercial Banking 4501 North Tamiami Trail Suite 400 Naples, Florida 34103 or to such other address as either party may have specified in writing to the other using the procedures specified above in this Section 6.06. Section 6.07 Applicable Law. This Agreement, and each of the Loan Documents and transactions contemplated herein, shall be construed pursuant to and governed by the substantive laws of the State of Florida. Section 6.08 Binding Effect; Assi~u~nrnent. This Agreement shall be binding upon and inure to the benefit of the successors in interest and permitted assigns of the parties. The Issuer shall have no rights to assign any of their rights or obligations hereunder without the prior written consent of the Bank. Section 6.09 ConflicL In the event any conflict arises between thc terms of this Agreement and the terms of any other Loan Document, the terms of this Agreement shall govern in all instances of such conflict. Section 6.10 No,bird. Party_Beneficiaries_ It is the intent and agreement of the parties hereto that this Agreement is solely for the benefit of the parties hereto and no person not a party hereto shall have any rights or privileges hereunder. Section 6. l 1 Allonle,_yaLF_e~ To the extent legally permissible, the Issuex and the Bank agree that in any suit, action or proceeding brought in connection with this Agreement, the Notes, or the Note Resolution (including any appeal(s)), the prevailing party shall be entitled to recover costs and attorneys' fees fi-om the other party. Section 6.12 Enti~e~gr_eement~ Except as otherwise expressly provided, this Agreement and the other Loan Documents embody the entire agreement and understanding between the parties hereto and supersede all prior agreements and understandings relating to the subject matter hereof. In furtherance of and not in limitation of the foregoing, that certain Request for Proposals dated March 4, 1999 and the response thereto of the Bank are hereby superseded to the extent any provision of this Agreement, the Notes, or the Note Resolution conflicts with a provision of said documents. Section 6.13 Further Assurances. The parties to this Agreement will execute and deliver, or cause to be executed and delivered, such additional or further documents, agreements or instruments and shall cooperate with one another in all respects for the purpose of out the transactions contemplated by this Agreement. Section 6.14 Incorpo~:ation_by..Reference. All of the terms and obligations of the Note Resolution are hereby incorporated herein by reference as if said Note Resolution was fully set forth in this Agreement. Section 6.15 ~,oaL.s_and_Lxp¢lla~. The Issuer agrees to pay all reasonable costs and expenses incurred by the Bank in connection with the preparation, execution and delivery of this Agreement, the Note and the Loan and any other docunlents that may be prepared or delivered in connection with this Agreement, including without limitation the reasonable fees and out of pocket expenses of the Bank's attorneys with respect thereto, such attorneys fees to be in a total amount of $10,000.00 in connection with the first Advance. The Issuer shall pay any attorne'ls fees as Agenda. I~e~, ~ 9 s°'~t/ JUN 0 8 MAY ~6 ~99 O~:i~PM ~.~i×~b may be required in connection with the opinions referred to in Section 5.02(c) for Advances other than the first Advance. Section 6.16 fi~ilxati~. Any controversy or claim between the parties hereto including but not limited to those arising out of or relating to this Agreement or any related instruments, agreements or documents, including any claim based on or arising firom an alleged tort, shall be determined by binding arbitration in accordance with the Federal Arbitration Act (or if not applicable, the applicable state law), the Rules of Practice and Procedure for the Arbitration of Commercial Disputes of Judicial Arbitration and Mediation Services, Inc. (J.A.M.S.), and the "Special Rules" set forth below. In the event of any inconsistency, the Special Rules shall control. Judgment upon any arbitration award may be entered in any court having jurisdiction. Either party to this Agreement may bring an action, including a summary or expedited proceeding, to compel arbitration of any controversy or claim to which this Agreement applies in any court having jurisdiction over such action. (a) Special Rules. The arbitration shall be conducted in the Collier County, Florida and administered by Endispute, Inc., d/b/a J.A.M.S./Endispute who will appoint an arbitrator; if J.A.M.S./Endispute is unable or legally precluded from administering the arbitration, then the American Arbitration Association will serve. All axbitration hearings will be commenced within 90 days of the demand for arbitration; further, the arbitrator shall only, upon a showing of cause, be permitted to extent the commencement of such hearing for up to an additional 60 days. (b) Reservation of Rights. Nothing in this Agreemem shall be deemed to (i) limit the applicability of any otherwise applicable statutes of limitation or repose and any waivers contained in this Agreement; or (ii) be a waiver by the Bank of the protection afforded to it by 12 U.S.C. Sec. 91 or any substa~ltially equivalent state la~, o~ (iii) obt~iix fi'om a cuurt provisional o~ ancillary remedies such as (but not limited to) injunctive relief or the appointment of a receiver. The Bank may obtain such provisional or ancillary remedies before, daring or after the pendency of any arbitration proceeding brought pursuant to this Agreement. Neither the institution or maintenance of an action for ancillary remedies shall constitute a waiver of the right of any party to arbitrate the merits of the controversy or claim occasioning resort to such remedies. No provision in the Loan Documents regarding submission to jurisdiction and/or venue in court is attended to be or shall be construed to be in derogation of the provisions of any Loan Document for arbitration of any controversy or claim. MAY 26 '99 02:12PM P.22×26 IN WITNESS WHEREOF, the parties have executed this Agreement to be effective between them as of the Date of Execution set forth below. COLLIER COUNTY, FLORIDA (SEAL) By: Title: Chairman, Boaxd of County ~mamission ATTEST: Dwight E. Brock, Clerk Deputy Clerk NATIONSBANK, N.A. Title: Vice President MAY ~6 ~99 ~2:i~PM P.~×~6 [Insert Date of Note] [Insert Advance Amount] COLLIER COLINTY, FLORIDA PROMISSORY NOTE [Insert Series Designation] KNOW ALL MEN BY THESE PRESENTS that Collier County, Florida (the "Issuer"), a political subdivision of the State of Florida created and existing pursuant m the Constitution and the laws of the State of Florida, for value received, promises to pay from the sources hereinafter provided, to the order of NationsBank, NA_ or registered assigns (hereinafter, the 'Owner'), the principal sum of [Insert Advance Amount], together with interest on the principal balance outstanding at the rate per annum of % (subject to adjustment as hereinafter provided) based upon a year of 360 days for the actual number of days elapsed. Principal of and interest on this Note are payable in lawful money of the United States of America at such place as the Owner may designate to the Issuer. Installments of principal ired interest on this Note shall be payable in [insert numbex -- either stx for Three Year Maturity Date or ten for Five Year Maturity Date] equal installments, due on each [insert date six months after date of Note] and [insert date one year after date of Note] to and ...... including [insert maturity date - either three years after date of Note for Three Year Maturity Date or five years after date of note for Five year Maturity Date] (the "Maturity Date"). The entire unpaid principal balance, together with all accrued and unpaid interest hereon, shall be due and payable in full on the Maturity Date. All payments by the Issuer pursuant to this Note shall apply first to accrued interest, then to other charges due the Owner, and the balance thereof shall apply to the principal sum due. As used in this Note, (1) "Code" means the Imernal Revenue Code of 1986, as amended, and any Treasury Regulations, whether temporary, proposed or final, promulgated thereunder or applicable thereto; (2) "Determination of Taxability" shall mean interest on this Note is determined or declared to be includable in the gross income of the Owner for federal income tax purposes under the Code by reason of legislation, judgment of a court of competem jurisdiction or a final ruling or regulation of the Internal Revenue Service. Upon the occurrence of a Determination of Taxability, the interest rate on this Note shall be adjusted to a rate equal to 154% of the interest rate otherwise borne hereby (the "Adjusted Interest Rate") calculated on the basis of a 360-clay year for the actual number of days elapsed, as of and from the date such determination would be applicable with respect to this Note (the "Accrual Date"); and "-" (i) the Issuer shall on the next interest payment date hereon pay to the Owner, or any former Owner, as may be appropriately allocated, an amount equal m the sum of (1) the difference between (A) the total interest that would have accrued on this Note at the Adjusted Interest Rate from the Accrual Date to the date of the Determination of Taxability, and (B) the actual interest paid by the Issuer on this Note from the Accrual Date to the date of Determination of Taxability, and (2) any interest and penalties required to be paid as a result of any additional State of Florida and federal income taxes imposed upon such Owner and/or former Owner arising as a result of such Determination of Taxability; and (ii) from and after the Determination of Taxability, this Note shall continue to bear interest at the Adjusted Interest Rate for the period such determination continues to be applicable with respect to this Note. This adjustment shall survive payment of this Note until such time as the federal statute of limitations under which the interest on this Note could be declared taxable under the Code shall have expired. The principal of and interest on this Note may be prepaid at the option of the Issuer in whole or in part at any time. There shall be no prepayment premium or penalty. Prepayments of principal shall be applied to the scheduled installments of principal hereon in inverse order of maturity. Upon the occurrence of an Event of Default (as defined in the Loan Agreement) (as defined in the Resolution) then the Owner may declare the entire debt then remaining unpaid hereunder immediately due and payable; and in any such default and acceleration, the Issuer shall also be obligated to pay (but only from the Pledged Revenues) as part of the indebtedness evidenced by this Note, all costs of collection and enforcement hereof, including such fees as may be incurred on appeal or incurred in any proceeding under bankruptcy laws as they now or hereafter exist, including specifically but without limitation, claims, disputes and proceedings seeking adequate protection or relief from the automatic stay. Interest at the lesser of I2 % per annum or the maximum lawful rate per annum shall be payable on the entire principal balance owing hereunder from and after the occurrence of and during the continuation of a default described in the preceding paragraph, irrespective of a declaration of maturity. The Issuer to the extent permitted by law hereby waives presentment, demand, protest and notice of dishonor. THIS NOTE AND THE INTEREST HEREON DOES NOT AND SHALL NOT CONSTITUTE A GENERAL INDEBTEDNESS OF THE ISSUER WITHIN THE MEANING OF ANY CONSTITUTIONAL PROVISION OR STATUTORY LIMITATION BUT SHALL BE PAYABLE SOLELY FROM THE-MONEYS AND SOURCES PLEDGED THEREFOR. NEITHER THE FAITH AND CREDIT NOR ANY AD VALOREM TAXING POWER OF THE ISSUER, THE STATE OF FLORIDA OR ANY POLITICAL SUBDIVISION THEREOF IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THIS NOTE OR OTHER COSTS INCIDENTAL HERETO. This Note is issued pursuant to Resolution No. 99- duly adopted by the Issuer on June __, 1999, as from time to time amended and supplemented (herein referred to as the 'Resolution"), and is subject to all the terms and conditions of the Resolution. All terms, conditions and provisions of the Resolution are by this reference thereto incorporated herein as a part of this Note. Terms used herein in capitalized form and not otherwise defined herein shall have the meanings ascribed thereto MAY 26 '9~ 02:13PM P.25×26 in the Resolution. This Note is payable solely from and is secured by a lien upon and pledge of the "Pledged Revenues" as described in the Resolution. Notwithstanding any other provision of this Note, the Issuer is not and shall not be liable for the payment of the principal of and interest on this Note or otherwise monetarily liable in connection herewith from any property other than the Pledged Revenues. This Note may be exchanged or transferred by the Owner hereof but only upon the registration books maintained by the Issuer and in the manner provided in the Resolution_ It is hexeby certified, recited and declared that all acts, conditions and prerequisites required to exist, happen and be performed precedent to and in the execution, delivery and the issuance of this Note do exist, have happened and have been performed in due time, form and manner as required by law, and that the issuance of this Note is in full compliance with and does not exceed or violate any constimtiorml or statutory limitation. IN WITNESS WHEREOF, Collier County, Florida has caused this Note to be executed in its name by the manual signature of its Chairman and attested by the manual signature of its Clerk, and its seal to be impressed hereon, all this __ day of , Collier County, Florida [SEAL] By: Chairman Attest: Clerk MAY ~6 (Form for Transfer) FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto (Tax Identification or Social Security No.~ ) the within Note and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Note on the books for registration thereof, with full power of substitution in the premises. Dated NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within Note i~ every particular, without alteration of enlargement or any change whatever. In the presence of: EXECUTIVE SUMMARY AUTHORIZE STAFF TO NEGOTIATE AN AGREEMENT BETWEEN COLLIER COUNTY, NAPLES COMMUNITY HOSPITAL AND THE CLEVELAND CLINIC TO FUND PRENATAL, OB/GYN CLINIC SERVICES FROM JULY 1 THROUGH DECEMBER 31, 1999 OBJECTIVE: To provide prenatal and OB/GYN services to an uninsured Collier County population. CONSIDERATIONS: Since 1997, the Collier County Public Health Department has contracted with Collier Health Services, Inc., (CHSI), a private health care provider to provide the direct clinic services from the County Building "H" clinic facility. The clinic consisted of prenatal and OG/GYN, pediatrics, adult health and dental services. At its inception the clinic was provided with financial assistance from the Naples Community Health System (NCH) for a period of two years to allow CHSI an opportunity to establish sufficient client-paid and third party revenue to be able to support itself. The initial funding, which NCH provided with no obligation to do so, is scheduled to end on June 30, 1999. Unfortunately, CHSI has not been able to generate sufficient revenues to make the clinic self-supporting. Rather than continue all clinic services, the Public Health Department is focusing only on those clinic functions that it feels are critical, which is the prenatal and OB/GYN services. This is considered as the critical component because of the high risk for infant mortality and/or high risk delivery cost resulting from delivering mothers who have had no prenatal care. The cost to continue just the prenatal and OB/GYN portion of the clinic through the end of 1999 has been estimated by CHSI to be $250,000. Through negotiations with NCH and Cleveland Clinic, a tentative agreement has been reached whereby these two agencies have agreed to contribute the funding at $200,000 and $50,000 respectively. During the period between the end of June and the first of the year, the Public Health Department will be tasked with working with local doctors to try to develop a longer term solution. Due to the timing, Board direction is being requested to develop an agreement with NCH and Cleveland Clinic for the above-referenced funding. A separate agreement will be developed between Collier County Health Department and the selected provider. The Health Department will continue or re-contract with CHSI and be able to provide account and performance measures that will be associated with the funding. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this action. FISCAL IMPACT: $250,000 will be received from NCH and Cleveland Clinic, which will have a corresponding payment out to the Public Health Department. Budget amendments will be necessary to both recognize the revenues and a corresponding increase in the Public Health Department Budget. RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS direct staff to negotiate an agreement between Collier County, Naples Community Health Systems, Inc. and Cleveland Clinic, Inc. to provide continuing prenatal and .OB/GYN services at Building "II" from July 1,1999 through December 31, 1999. Approve the necessary budget amendments. Prepared b~~, ~,-~) .(~~ Public Services Administrator 1999 EXECUTIVE SUMMARY APPROVAL OF THE COLLIER COUNTY GROUP BENEFIT PLAN HEALTH INSURANCE PLAN DOCUMENT. OBJECTIVE: To seek approval of the Collier County Group Health Plan document. CONSIDERATION: The Board of Commissioners provides group health insurance coverage to its employees through a self-insured group health program. This program utilizes a master plan document (the policy or plan document) which governs covered benefits and exclusions. The County's third party claims administrator, Florida 1 st, utilizes this document to determine the payment of benefits. This document has not been updated for several years. After the Board's decision to utilize Florida 1st to perform claims administration, the Risk Management Department requested that Florida 1 st revise the document to reflect current administrative information, clarify unclear coverage terms and conditions, and reflect changes in statutory requirements. The only significant coverage changes included in the plan document are as follows: 1) A change in the time requirement for the filing of claims. Currently, employees have up to one year after the date of service to file the claim. This will change to 90 days. This provision will allow the plan to conclude the adjusting of all outstanding claims in a timely manner. 2) A' change in the mental health benefit to reflect the Federal Mental Health Parity Act. Benefits are not limited in terms of the total dollars payable but shall be limited to in- hospital stays of 30 days per year and no more than 30 outpatient visits per year. The document was prepared and reviewed by the County's Group Health Claims Administrator, Florida 1 st and the Risk Management Director~ Once approved by the Bofird of commiSsioners, each en~ploYee wii'l be provided a coPy of t~e'document. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: It is recommended that the Board approve the Collier County Group Benefit Plan Document as attached. SUBMITTED BY'. ~),,~~.~.,-.___ Date: J~i~alker, cPcu, ARM, Director, Risk Management x- . ~: .? . REVIEWED BY: ~. ~,. ~ ~C ~'~' ~~ Date: ,'~ ,__ f :,~. /c~ 7' Leo E. Ochs, Jr., Sumad~ Service(s Administrator i ^c.,tno~ ut:M - ' l J U N D B 1999 Pg'- TABLE OF CONTENTS -' Schedule of Medical Benefits ........................................................................ 1 Coordination of Benefits ................................................................................ 4 Preferred Provider Organization (PPO) .......................................................... 6 Medical Benefits ........................................................................................... 7 Covered Medical Expenses ......................................................................... 10 Medical Expenses Not Covered ................................................................... 20 Prescription Drag Plan ................................................................................. 24 Mail Service Prescription Drug Program ...................................................... 26 Eligibility and Participation ......................................................................... 28 Health Care Management Program ....... : ...................................................... 36 Other Important Provisions .......................................................... · ................ 39 Filing a Claim .............................................................................................. 43 ' OPtional Coordination of Benefits ............................................. :.. ................ 46 Definitions ................................................ : .............................................. ~... 50 General Information .................................................................................... 64 SCHEDULE OF MEDICAL BENEFITS Annual Deductibles: Annual Out-of-Pocket Maximums: High Option: $ 200 Individual (Excludes Deductible) $ 600 Family High Option: $1,000 Individual Medium Option: $ 300 Individual $ 2,000 Family $ 900 Family Medium Option: $1,500 Individual Low Option: $ 500 Individual $ 3,000 Family $1,500 Family Low Option: $ 2,000 Individual $ 4,000 Family Lifetime Benefit Maximum: (Includes All Other Maximums) $1,000,000 Individual The following schedule summarizes co-payment amounts paid by the plan, benefit maximums and additional explanation needed for your benefits. The plan's co-payment for hospital expenses will be reduced to 50% if you do not follow th9 procedures outlined in the Health Care Management section of this plan. ~'lease refer to the text for additional plan provisions which may affect your benefits. Benefit Description Annual PPO Plan Non-PPO Additional Limitations Deductible Pays Plan Pays And Explanations Home Health Care YES 100% 100% Limited to 100 visits per year. Routine Physicals NO 100% 100% $250 per individual (17 years of age and over) Benefits include annual per calendar year. physical exams, to include gyn exam for women and digital rectal exam for men starting at age 40. Lab work to include: CBCD, HDLD (includes cholesterol), urinalysis, comprehensive metabolic panel, Pap smear, annual mammogram, EKG · baseline'at age 40, - repeated every 10 years after age 50. SMA15, PSA for men annually, occult blood in stool, repeated one year after screening, then every five years. Inpatient Hospital YES 80% 80% The plan's co-payment for hospital expenses will Services be reduced to 50% if you do not follow the procedures required by the health care management program. Thi~.pe~pltv AC*~ 7~'~,.~ ~" l JUN 0 B 1999 I Benefit Description Annual PPO Plan Non-PPO Additional Limitations Deductible Pays Plan Pays And Explanations apply to the out-of-pocket maximum. 9atient Surgery YES 80% 80% The plan's co-payment for hospital expenses will be reduced to 50% if you do not follow the procedures required by the health care management program. This penalty does not apply to the out-of-pocket maximum. Emergency Room YES 80% 80% You must pay the first $100 per visit for non- Services emergency services. This co-pay will be waived if you are admitted to the hospital. Skilled Nursing Facility YES 80% 80% Limited to 90 days per year. Home Hospice YES 80% 80% $5,000 individual lifetime maximum. Oral YES 80% 80% $1,500 individual lifetime maximum. Benefits Surgery/Treatment Of include surgical and non-surgical treatment of TMJ TMJ. Your co-payment does not apply to the out-of-pocket maximum. Human Organ and YES 80% 80% $10,000 individual donor expense maximum per TissueTransplant transplant. $10,000 individual travel, lodging, and meals maximum per transplant. $200 individual per day lodging and meals maximum per day. '-"'hiropractic Services YES 80% 80% $1,000 individual annual maximum. $30 individual per visit maximum. Your co-payment does not apply to the out-of-pocket maximum. Acupuncture Services YES 80% 80% $1,000 individual annual maximum. Your co- payment does not apply to the out-of-pocket maximum. Well-Child Checkups NO 80% 80% For covered dependents up to age 16. Benefits include vaccinations, inoculations and immunizations. Inpatient YES 80% 80% Benefits include treatment of or related to eating Mental/Nervous And disorders. The plan's co-payment fo, r hospital Substance Abuse '~ expenses will be reduced to 50% if you do not Treatment follow the procedures required by the health care management program. This penalty and your co-payments do not apply to the out-of- pocket maximum; thirty (30) day maximum annual inpatient stay with a sixty (60) day inpatient lifetime maximum; Residential Stays - 2 Partial Days = 1 Inpatient Day. 1999 Benefit Description Annual PPO Plan Non-PPO Additional Limitations Deductible Pays Plan Pays And Explanations Outpatient YES 80% 80% Benefits include treatment of or related to eating Mental/Nervous And disorders. Your co-payments do not apply to t~ Substance Abuse out-of-pocket maximum; thirty (30) outpatient Treatment annual visits with a sixty (60) visit lifetime maximum; Residential Stays - 2 Partial Days = 1 Inpatient Day. Prescription Drugs ......... You must pay the first $5 for each generic prescription or refill, and the first $10 for each brand-name prescription or refill. Mailorder Prescriptions ....... You must pay the first $5 for each generic prescription or ref'dl, and the first $10'for each brand name prescription or tel'ti. All Other Covered YES 80% 80% Benefits are provided for expenses listed in the Medical Exp~nses Covered Medical Expenses section of this plan. Health Care Management toll-free number 800-226-3i55 NOTE: The word lifetime refers t'o the period of time you or your eligible dependents participate in this plan or any other plan sponsored by Collier County Board of County Commissioners. COORDINATION OF BENEFITS -' ' General Provision When you and/or your dependents are covered under more than one group health plan, the combined benefits payable by this plan and all other group plans will not exceed 100% of the eligible expenses incurred by the individual. The plan assuming primary payor status will determine benefits first without regard to benefits provided under any other group health plan. When this plan is the secondary payor, it will reimburse, subject to all plan provisions, the balance of remaining eligible expenses, not to exceed normal plan liability if this plan had been primary. For purposes of coordination, eligible expense means any usual and customary charge considered in part or full by this plan. Government Programs The term group health plan includes the government programs Medicare, Medicaid and CHAMPUS. The regulations governing these programs take precedence over the determination of this plan. For example, in determining the benefits payable under the plan, the plan will not take into account the fact that you or any eligible dependent(s) are eligible for or receive benefits under a Medicaid'plan. Automobile Insurance Benefits payable under this plan will be coordinated with benefits provided or required by any no-fault automobile insurance statute, whether or not a no-fault policy is in effect, and/or any other automobile insurance. -' - Other Group Plans Any group, health plan which does not contain a coordination of benefits provision will be considered primary. 4 i j U.~! 0 8 1999 ! When all plans covering you and/or your dependents contain a coordination ~¥ benefits provision, order of payment will be as follows: The plan coveting a person as an active employee will be primary over a plan covering the same person as a dependent, a retiree or a laid-off individual. When a person is an active employee under more than one plan, the plan coveting the individual for a longer period of t/me will be considered primary. The plan covering a person as an employee or a dependent will be primary over the plan providing continuation coverage (COBRA). - A plan covering a person as a dependent child of non-divorced or non-separated parents will be primary according to which parent has the earlier birth date (month and day) in the year. If both parents have the same birth date, the plan coveting the child for the longer period of time will be primary. Children of Divorced Or Separated Parents When all plans covering a person as a dependent child of divorced or separated par-en_ts contain a coordination of benefits provision, the order 'of payment will be: .The plan covering the dependent child of the natural parei~t designated by court order to be responsible for the clfild's health care expenses will be Considered primary. In the absence of a court order specifying otherwise, the plan covering the dependent child of a stepparent who is the spouse of the natural parent 'having legal custody of the child will be considered primary. Right to Make Payments To Other Organizations · . --. Whenever payments which should have been made by,thiS plan-have been;made by any' other plan(s), this plan has the right to pay the other plan(s) any amount necessary to satisfy the terms of this coordination of benefits prOvision. - Amounts paid will be considered benefits paid under this plan and, to the 'extent of such payments, the plan will be fully released from any liability regarding the _ person for whom payment was made. I JUN 0 8 1999 I '~"~ pREFERRED PROVIDER ORGANIZATION (PPO) -' What is a PPO A Preferred Provider organization (PPO) is a group of physicians and hospitals contracted with your employer in an effort to reduce the effect of rising health care costs while providing you with quality care. Who is Your PPO Collier- County Government has contracted with Community Health Parmers to provide PPO services for you and your eligible dependents. About Your PPO Community Health Partners has carefully selected the participating physicians and hospitals. The qualifications-of each health care provider have been reviewed so that you and your dependents will be provided quality care at a fee significantly less than is common in the geographic area in which you live. The final choice of health care providers i,s yours. However, if you receive services from a health care provider included in the PPO, the cost of the co- payment to you may decrease. The PPO benefits are outlined on the Scheduled of Medical Benefits. All PPO and non-PPO plan maximums are combined. MEDICAL BENEFITS -' About Your Medical Benefits All benefits provided under this plan must satisfy some basic conditions. The following conditions are commonly included in health benefit plans but are often overlooked or misunderstood. Medical Necessity The plan provides benefits only for covered services and supplies that are - - medically necessary for the treatment of a covered illness or l'nfury. Also, the treatment must.not be experimental/investigational. Usual And Customary Charges The plan provides benefits only for covered expenses that are equal to or less than the usual and customary charge in the geographic area where services or supplies are provided. Any amounts that exceed the usual and customary charge are not recognized by the plan for any purpose and are not covered by the plan. Health Care Providers The plan provides benefits only for covered services and supplies rendered by a physician, practitioner, nurse, hospital or specialized treatment .facility as those terms are specificallY defmed in the Definitions section: Cu~todial Care The plan does not provide benefits for services and supplies that ~re furnished primarily to assist an individual in the activities of daily living. Activities of daily living include such things as bathing, feeding, administration of oral medicines, or other services that can be provided by persons without the training of a health care provider. 7' Benefit year -' ' The word year, as used in this document, refers to the benefit year which is the 12-month period beginning January 1 and ending December 31. All annual benefit maximums and deductibles accumulate during the benefit year. Deductibles A deductible is the amount of covered expenses each covered individual must pay during each year before the plan will consider expenses for reimbursement. The individual deductible applies separately to each covered person. The family deductible applies collectively to all covered persons in the same family.: When the family deductible is satisfied, no further deductible will be applied for any covered family member during the remainder of that year. The annual individual and family deductible amounts are shown on the Schedule of Medical Benefits. Covered expenses incurred from October 1st through December 31st of the calendar year applied toward the Calendar Year Deductible, are used to reduce that individual's Calendar Year deductible for the next Calendar Year. Reduced deductible amounts as provided with this carryover provision are not considered valid amounts in calculating: · Family deductible limits · Out-of-pocket limits Co-Paymen[s Co-paYment amounts and/or percentages represent the portions of covered expenses paid by you and by the plan ai%r satisfaction of any applicable deductible. These amounts and/or percentages apply only to covered eXpenses which do not exceed the PPO fee schedule or usual and customary charges. You are responsible for all non-covered expenses and any amount which exceeds the usual and customary charge for covered expenses. The co-payment amounts and/or percentages are shown on the Schedule of Medical Benefits. - -pg ...... Out-Of-Pocket Maximums An out-of-pocket maximum is the maximum amount of covered expenses you must pay during a year, excluding the deductible, before the co-payment amount and/or percentage of the plan ceases. The individual out-of-pocket maximum applies separately to each covered person. When a covered person reaches the annual out-of-pocket maximum, the plan will pay 100% of additional covered expenses for that individual during the remainder of that year. The family out-of-pocket maximum applies collectively to all covered persons in the same family. When the annual family out-of-pocket maximum is reached, the plan will pay 100% of covered expenses for any covered family member during the remainder of that year. However, expenses for services which do not apply to the out-of-pocket maximum will never b.e paid at 100%. The annual individual and family out-of-pocket maximum amounts are shown on the Schedule of Medical Benefits. Benefit Maximums Total plan payments for each covered person are limited to certain maximum benefit amounts. A benefit maximum can apply to specific benefit categories or to all benefits. A benefit maximum amount also applies to a specific time period, such as annual or lifetime. Whenever the word lifetime appears in this plan in reference to benefit maximums, it refers to the period of time you or your eligible dependents participate in this plan or any other Plan Sponsored by Collier County Board of County Commissioners. The benefit maximums applicable to this plan are shown on the Schedule of Medical Benefits. '" ' .l~l ~ 8 1999 COVERED MEDICAL EXPENSES -' When all of the provisions of this plan are satisfied, the plan will provide benefits as outlined on the Schedule of Medical Benefits for the services and supplies listed in this section. This list is intended to give you a general description of expenses for services and supplies covered by the plan. Hospital Services · Semi-private room and board expenses. · Private room and board expenses, only if medically necessary. · Intensive care unit and coronary care unit charges. · Miscellaneous hospital services and supplies required for treatment during a hospital conf'mement. · Well-baby nursery, physician and initial exam expenses during the initial hospital confinement of a newborn. Charges for the newborn will be considered separately from the mother's expenses. · Hospital maternity stays will be limited to no less than 48 hours for a vaginal delivery and 96 hours following a cesarean section. Early discharge is permitted if the decision is made by the attending physician in consultation with the mother. · Hospital confinement expenses for dental services if hospitalization is necessary to safeguard the health of the patient. . · Outpatienthospital services. If you discover an error on an inpatient confinement billing, resolve the error and provide proof of the resolution to the plan, the plan will pay you 50% of the amount of~e excess charges found on the hospital bill, to a maximum of '-" $1,000. Emergency Services Treatment in a hospital emergency room or other emergency care facility for a condition that can be classified as a medical emergency or where no other facilities are available to provide medical treatment. , Ground or air transportation provided by a professional ambulance service to and fi.om a hospital or emergency care facility which is equipped to treat a condition that can be classified as a medical emergency. · Treatment of an accident in a hospital or other emergency care facility. Specialized Treatment Facilities · A skilled nursing.facility, limited to 90 days per year. · A rehabilitation facility · An ambulatory surgical facility. · A birthing center. ½ - · -A residential treatment facility. ·A Mental/Nervous treatment facility. ~ ' A substance abuse treatment facility. · _ A pxychiatric day treatment facility. · A chemical dependency/substance abuse day treatmentfaciiityl · A ho,spice.facility. Surgical S~rvices · Surgeon's expenses for the performance of a surgical procedure. Assistant surgeon's expenses not to exceed 20% of the usual and customary charge of the surgical procedure. · Two or more surgical procedures performed during the same session through the same incision, natural body orifice or operative field. The amount eligible for consideration is the sum of the PPO fee or usual and customary charges for the largest amount billed for one procedure plus 50% of the sum of the PPO fee or usual and customary charges billed for all other procedures performed. · Two or more surgical procedures performed during the same session through different incisions, natural body orifices or operative fields. The amount eligible for consideration is the sum of usual and customary charges for each procedure performed. · Anesthetic services when performed by a licensed anesthesiologist or certified registered nurse anesthetist in connection with a surgical procedure. '-' · Or:al surgery performed by a dentist or doctor due to an accidental injury to m~mber's jaw or natural teeth including prosthetic appliances. The treatment must begin within ninety (90) days of the accident to be covered. Coverage extends to osseous surgery and the removal of impacted wisdom teeth. - Charges required for dental care not otherwise covered are digible only if ~ medically necessary due to a life threatening illness or disease. · Reconstructive surgery when needed to correct damage caused by a birth defect resulting in the malformation or absence of a body part, to correct damage caused by an accidental injury or for breast reconstruction following ,a total or partial mastectomy. : · Breast reconstructive surgery and prosthetic devices for ilstages oL mastectomy, including lymphedemas is covered, in addition,to, breast reconstructive surgery to re-establish symmetry between the t~v_ o'breasts. Such surgery must be in a manner chosen by the participating phYsician, consistent ~ith prevailing medical standards, and in consultation with .the participant. Breast cancer follow up care cannot be considered a pre-existing condition unless breast cancer is found. i J U N 0 8, 1999 · Surgical treatment of morbid obesity. · Surgical reproductive sterilization. · Human organ and tissue transplants. Transplantation of a covered tissue and organ transplant, as defined below, if approved by the Th/rd Party Administrator, and if performed at a facility approved by the Third Party Administrator, subject to those conditions and limitations described below. Transplantation includes pre-transplant, transplant and post-discharge services, and treatment of complications after transplantation. Benefits are payable only for services, care and treatment received for or in connection with the approved transplantation of the following human tissue or organs: A. Comea; B.' Heart; C. Liver, but only for Covered Persons through age 17 with biliary artresia; D. Kidney; E. Bone marrow, but only for acute lymphocytic leukemia, acute non- lymphocytic leukemia, Hodgkins disease, non-Hodgldn's lymphoma, or Stage II, III, or IV breast cancer. Bone marrow transplants for treatment of cancers or diseases of any other organ or system are not covered. As used in this Group Plan, the term "bone marrow transplant" means human blood precursor cells which are administered to a patient to restore normal hematological and immunological functions following ablative therapy with curative intent. Human blood precursor cells may be obtained from the patient in an autologous transplant or from a medically acceptable related or unrelated donor, and may be derived fi'om bone marrow and circulating blood. If chemotherapy is an integral pan of the treatment involving bone marrow transplantation, the term "bone marrrow transplant" includes both ihe transplantation and the chemotherapy. ,, Coverage may not be excluded for bone marrow transplant procedures _- approved by the Secretary of Health and Rehabilitative Services or recommended by the referring physician and the treating physician under a policy exclusion for experimental, clinical investigative, education, or similar procedures contained in any individual or group health insurance policy or health maintenance organization contract issued, amended, delivered, or renewed in this state that covers treatment for cancer, if the particular use of the bone marrow transplant procedure is determined to be accepted within the appropriate oncological specialty and not experimental based upon - 13 JUN 0 8 1999 recommendations of an advisory panel appointed by the secretary. -' Pursuant to Florida State statute 627.4236, procedures have been defined and considered accepted within the appropriate oncological specialty and not experimental, provided the bone marrow transplant procedure is performed in the context as stated. No benefit is payable for or in connection with a transplant if: A. The organ or diagnosis involved is not listed above. B. Authorization is not provided prior to referral for transplant evaluation of the procedure. C. Coverage for the procedure was not approved. -D. The transplant procedure is performed in a facility that has not be&n designated as an approved transplant facility, E. The cost of the services are eligible to be paid under any private or public research fund, government program, F. The service related to the transplantation of any non-human organ or tissue. G. The service relates to the donation or acquisition of an organ for a recipient who is not covered under this plan. H. A denied transplant is performed; this includes follow-up care, immunosuppressive drags, and complications of such transplant. The following services and supplies are also not covered: A. Artificial heart devices used as a bridge to transplant. B. Drugs used in connection with diagnosis or treatment leading to a transplant when such drugs have not received FDA approval for such use. Once the transplant procedure is approved, the attending physician will be "advised 6~ those facilities that have been approved for the type of transplant procedure involved. Benefits are payable only if the pre-transplant services, the transplant procedure and post-discharge services are performed in an approved facility. For approved transplant procedures, and all related complications, will cover only for the following covered services, for all transplant procedures shown in the Schedule of Covered Person' s Co-payments: Hosd~tal^eanoA ,z~rE..- A. Hospital services and medical services will be paid under the Services and Medical Services provisions m this Group Plan, in accordance-' with the same terms and conditions as benefits are payable for care and treatment of any other covered condition. · Circumcision. · Outpatient surgery. · Surgical treatment oftemporomandibularjoint dysfunction (TM J). · Podiatry surgery. · Breast Reconstructive Surgery and prosthetic devices incident to receiving a mastectomy. Breast reconstructive surgery means surgery to re-establish symmetry between the two breasts. Such surgery must be in a manner chosen by the participating-treating physician, consistent with prevailing medical standards, and in consultation with the Covered Person. Breast cancer follow-up care cannot be considered a pre-existing condition, unless breast cancer is found. Mental/Nervous And Substance Abuse Services · Inpatient treatment of a Mental/Nervous disorder and/or substance abuse. · Outpatient treatment of a Mental/Nervous disorder and/or substance abuse. · Partial hospitalization - residential programs. · Treatment of or related to eating disorders. Medical Services · Physician home and office visits. · Inpatient physician visits. · Secondsurgicalopinions. I JUN 0 8 1999 Third surgical opinions. · Pregnancy-related care for a female employee or spouse only. · Termination of pregnancy for a female employee or spouse only, when the life of the mother would be endangered if the fetus were carded to term. · Dental services received after an accidental injury to teeth. This includes replacement of teeth and any related x-rays. · Chiropractic services. · Treatment of or related to sleep disorders. · Physical therapy from a qualified practitioner. "-- · Non-custodial services of a nurse which are not billed by a home health care agency. · Hearing aids for hearing loss as a result of an accident or illness with a one time maximum benefit of $2,000.00. · Home-health care provided by a home health care agency, limited to 100 visits per year. · Home Hospice. ' · Speech therapy from a qualified practitioner to restore speech loss due to an illness, injury or surgical procedure. -- . · Occupational therapy. · Treatment of diabetes, including medically appropriate and. necessary equipment, supplies, and services used to treat diabetes, including out-patient --' self management training and educational services. ] ~.. /~,/'~/ I 'JUN 01999 · Dialysis. · Acupuncture. · Non-surgical treatment of morbid obesity. · Non-surgical treatment of temporomandibularjoint dysfunction (TM J). · Medically necessary treatment of the feet, including treatment of metabolic or peripheral-vascular disease. · Routine foot care. · Massage therapy or rolfing, for a medical condition, only if services are ~ performed by a licensed practitioner. Diagnostic X-Ray And Laboratory Services · 'Diagnostic charges for x-rays. · Diagnostic charges for laboratory services. · Pre-admission testing (PAT). · Amniocentesis. · Ultrasounds. · Allergy testing. · Magnetic Resonance Imaging (MRI). Routine and Preventative Services · PAP test~. · Adult immunizations, including flu, pneumonia, hepatitis, tetanus, etc. JUN 0 8 1999 -- · Mammograms, limited to 1 per year for covered females age 17 and over. · Physicals, including gynecological exams, for participants age 17 and over. Individual annual maximum is $250.00. · Well-child checkups for covered dependents up to age 16. Benefits include vaccinations, inoculations and immumzations. Such services and periodic visits shall be provided in accordance with prevailing medical standards consistent with the recommendations for preventive pediatric health care of, the American Academy of Pediatrics. Equipment and Supplies · Durable medical equipment, including expenses related to necessary repairs and maintenance.- A statement is required t~om the prescribing physician describing how long the equipment is expected to be necessary. This statement will determine whether the equipment will be rented or purchased. Replacement equipment will be' covered if the replacement equipment is re~tuired due to a change in the patient's physical condition; or purchase of ne-w-equipment will be less expensive than repair of existing equipment. · Artificial limbs and eyes and replacement of artificial limbs and eyes if required due to a change in the patient's physical condition; or replacement is less,expensive than repair of existing equipment. Replacement due to normal wear and tear, as deterioration is not covered. · Original fitting, adjustment and placement of orthopedic braces, casts, splints, crutches,' cervical collars, head halters, traction apparatus or prosthetic ~appliances to replace lost body parts or to aid in their function when impaired. RePlacement of such devices only will be covered if the replacement is necessary due to a change in the patient's physical condition. · Oxygen and rental of equipment required for its use, not to ~exCeed the purchase price of such equipment. .. ·Orthotics, orthopedic or corrective shoes and other supportive appliances for the feet. JUN 0 8 1999 · Blood and/or plasma and the equipment for its administration. · Allergy injections. · Insulin infusion pumps. · Initial prescription contact lenses or eyeglasses, including the examination and fitting of the lenses, to replace the human lens lost through intraocular s .urgery. · Wigs or artificial hairpieces, limited to 1 per lifetime. -· Sferile surgical supplies at, er surgery. · Jobst garments. JUN 0 8 99 MEDICAL EXPENSES NOT COVERED The plan will not provide benefits for any of the items listed in this section, regardless of medical necessity or recommendation of a health care provider. This list is intended to give you a description of expenses for services and supplies not covered by the plan. · Expenses exceeding the usual and customary charge for the geographic area in which services are rendered. · Services rendered by anyone other than a covered health care provider. · Treatment not prescribed or recommended by a health care provider. · Services, supplies or treatment not medically necessary. · Services or supplies for which there is no legal obligation to pay, or expenses which would not be made, except for the availability of benefits under this plan. · Experimental/investigational equipment, services or supplies. · Services furnished by or for the United States Government or any other government, unless payment is legally required. · Any condition, disability or expense sustained as a result of being engaged in: an illegal occupation; commission or attempted commission of an assault or .. other illegal act; intentional or accidental atomic explosion or other release nuclear energy, whether in peacetime' or wartime; participation in a civil -. revolution or a riot; duty as a member of the armed forces of any state or_: county; or a war or act of war which is declared or undeclared. · Any condition or disability sustained as a result of being engaged in an activity primarily for wage, profit or gain, and that could entitle the covered person to a benefit under the Workers' Compensation Act or similar '-- legislation. I JUN 0 8 99 I I · Educational, vocational or training services and supplies. · Mailing and/or shipping and handling expenses. · Expenses for broken appointments or telephone calls. · Services or supplies furnished, paid for, or for which benefits are provided or required by reason of past or present service of any covered family member in the armed forces of a government · -Travel expenses of a physician or a covered person. · Any services received from a Health Maintenance Organization (HMO) if the individual is a participant in the HMO. · Intentional self-inflicted injury or illness while sane or insane. · Sanitarium, rest or custodial care. · Expenses used to satisfy plan deductibles. · Expenses eligible for consideration under any other plan of the employer. · Treatment or services rendered outside the United States of America or its territories, except for an accidental injury or a medical emergency. · Sales tax. · Elective hospital admissions on Friday, Saturday or Sunday. Personal comfort or service items while confined in a hospital, such as, but not limited to, radio, television, telephone and guest meals~ · Expe. nses for or related to the removal of breast or other prosthetic implants that were (1) inserted in connection with cosmetic surgery, regardless of the reason for removal; or (2) not inserted in connection with cosmetic surgery, the removal of which is not currently medically necessary. · Cosmetic surgery. · Kerato-refractive eye surgery (surgery to improve nearsightedness, farsightedness and/or astigmatism by changing the shape of the cornea including, but not limited to, radial keratotomy and keratomileusis surgery). · Reversal of any reproductive sterilization procedure. · Surgical impregnation procedures. · Elective abortions. · Surgical treatment for the correction of infertility. · Sex change surgery. · Penile prosthetic implants. · Expenses related to insertion or maintenance of an artificial heart'. · Orthognathic surgery. · Genetic counseling. · Eye examinations for the diagnosis or treatment of a refractive error, including the fitting of eyeglasses or lenses, orthoptics, vision therapy or. supplies. · Routine hearing examinations, heating aids or related supplies. Hearing aids will be covered for hearing loss as a result of an accident or illnesS with a one~ - time maximum benefit of $2,000.00. · Treatment of' or related to an overdose of drag or medication. · Expenses for education, counseling, job training or care for learning disorders or behavioral problems, whether or not services are rendered in a facility that also provides medical and/or Mental/Nervous treatment. I JU~ 0 81999 I · Treatment of behavioral or conduct disorders. · Adoption expenses. · Surrogate expenses. · Biofeedback. · Bereavement counseling. · Non-surgical treatment for the correction of infertility. · Hypnosis. · Treatment, instructions, activities or drugs (including over-the-counter diet pills) for the weight reduction, or control, except for the diagnosed condition . of morbid obesity. · ihfertility testing. · Genetic testing. · Prescription drugs and medicines, including oral contraceptives for purposes other than birth control, prenatal vitamins and insulin and insulin syringes. Benefits are provided by the prescription benefit manager, Consultec. · 'Nutritional supplements and contraceptive devices, whether or not a * phygician's prescription is required. · Drugs, medicines or supplies that do not require a physic~an.'s prescription:: · Occupational therapy supplies. - - · Equipment such as air conditioners, air purifiers, dehumidifers, heating pads hot water bottles, water beds, swimming pools, hot tubs and any other clothing or equipment which could be used in the absence of an illness or - injury. PRESCRIPTION DRUG PLAN About Your Prescription Drug Benefit The prescription drug benefit is an independent program separate from your regular medical plan, and administered by a Pharmacy Benefit Manager (PBM). See General Information for the Plan's PBM. This provision is included for descriptive purposes only. You must refer to the actual provision in the literature prepared and distributed by the Plan's PBM for a complete description of covered and not covered expenses. The PBM plan provides benefits only for drugs or medicines' prescribed by a physician or practioner, but not to exceed a 30-day supply or 100 unit doses, whichever is greater.. The prescription drug benefit cannot be assigned regardless of the assignment provision in Other Important Plan Provisions. Partigipating Pharmacy The PBM plan provides benefits only for a, participating pharmacy's wholesale cost plus dispensing fee. A participating pharmacy is"a pharmacy which has entered into a prescription drug.plan agreement with the Plan's PBM. Non-participating Pharmacy The PBM plan provides benefits only for covered expenses that are equal to tSr-less than the usual and customary charge of a participating pharmacy. Prescription Drug Co-Payments . -. A prescription drug co-payment is the amount of covered expenses yOu must pay for each prescription before the PBM plan will make payments. The' PBM co- - payment does not accumulate toward any other plan deductible or out-of-pocket maximum. .JI. JN 0 8 1999 Please refer to your Schedule of Medical Benefits section to find the appropriSi~e ' co-payment amount for generic prescriptions or refills, multi-source brand-name prescriptions or refills, and single source brand-name prescriptions or refills. MAIL SERVICE PRESCRIPTION DRUG PROGRAM The mail service prescription drag program is offered when there is an ongoing need for medication. By using this service, you can obtain prescribed medication required on a non-emergency, extended-use basis. The quantity of a prescribed drug ordered through this program can be anything up to a ninety (90)-day supply. Prescription drugs obtained through this program are not subject to the medical plan deductible. Please refer to your Schedule of Medical Benefits section to find the appropriate co-payment amount for generic prescriptions or refills, multi- soarce brand-name prescriptions or refills, and single source brand-name prescriptions or refills. The amount you must pay for each mailorder prescription does not accumulate toward the medical plan deductible or out-of-pocket maximum. Prescribed medications which are covered by your medical plan are also covered by the mail service prescription drug program if they are normally available at your local pharmacy. However, certain medications cannot be supplied by mail easily (for example, drugs requiring constant refrigeration) and are not available through this program. The law requires that pharmacies dispense the exact quantity prescribed by the physician or practitioner. So if your physician or practitioner authorizes the maximum order quantity, the prescription must be for a ninety (90)-day supply for you to receive that quantity. For example, if you take one tablet per day: your physician or practitioner must write a prescription for ninety (90) tablets. If you take ,1-wo tablets per day, your physician or practitioner must write a prescription for one hundred eighty (180) tablets, etc. If your physician or practitioner authorizes refills, these can be dispensed only when your initial order is nearly exhausted, so be sure to ask your physician or practitioner to prescribe the normal supply, plus refills whenever appropriate. When you order by mail, your prescription is reviewed by a pharmacist, checked for drug interactions, dispensed and verified by quality control before it is mailed to you. ], 'i Ill&l .,,,,, 0 8 1999 There will be times when you need a prescription immediately. On th~ge occasions, you should have your prescription filled at a local pharmacy and use your PBM card. If you need medication immediately but will be taking it on an ongoing basis, ask your physician or practitioner for two prescriptions. The first should be for a 14-day supply that you can have filled at a local pharmacy; the second prescription should be for the balance, up to a ninety (90)-day supply. Send the larger prescription with your co-payment through the mail service prescription drug program. NOTE: Certain controlled substances and several other prescribed medications may be subject to other dispensing limitations and to the professional judgment of the pharmacist. ELIGIBILITY AND PARTICIPATION Who Is Eligible You are eligible to participate in this plan if you are a regular, full time employee of Collier County Government for at least 60 consecutive days and are regularly scheduled to work a minimum of 30 hours per week. You are also eligible to participate in this plan if you are a qualifying retiree of Collier County Government. Qualifying retirees must meet the requirements of Florida Statute 112.0801. Eligibility for Medicaid or the receipt of Medicaid benefits will not be taken into account in determining eligibility. Your eligible dependents may also participate: Eligible dependents include: your lawful spouse as defined by applicable state law; natural children; stepchildren; children who, before reaching the age of 18, are either adopted by you or placed in your home for adoption; dependent grandchildren fi.om birth up to 18 months of age if the mother or father of the newborn is an eligible dependent; children for whom you are legal guardian; and foster children. Also includes a child who is dependent on the employee for health care coverage pursuant to a valid court order, or any child who lives with the employee in a normal parent-child relationship, if the child qualifies at all times for the dependent exemption, as defined in the Internal Revenue Code and the Federal Tax Regulations. Collier County Government or the Third Party Administrator has the right to request proof of the child's dependency status at any time. The failure to provide the proof and documentation may result in the loss of coverage in which event the Covered .Person will be responsible for the cost of any service received after the date on which the required documentation was to have been submitted. No claims will be paid if the required documentation is not submitted on or before the stated or required date. A dependent child must be unmarried and rely on you for primary support and maintenance. Dependent children remain eligible until age 25. You may not participate in this plan as an employee and as a dependent, and your dependents may not participate in this plan as a dependent of more than one employee. ' If your employer determines that your separated or divorced spouse or any state child support or Medicaid agency has obtained a legal qualified medical ~nii~i~n6^ JUN 0 8' 1999 support order (QMCSO), and your current plan offers dependent coverage, y-alu will be required to provide coverage for any child(ren) named in the QMCSO. If a QMCSO requires that you prov/de health coverage for your child(ren) and you do not enroll the child(ren), your employer must enroll the child(ren) upon application from your separated/divorced spouse, the state child support agency or Medicaid agency and withhold from your pay your share of the cost of such coverage. You may not drop coverage for the child(ten) unless you submit written evidence to your employer that the child support order is no longer in effect. The plan may make benefit payments for the child(ren) covered by a QMCSO directly to the custodial parent or legal guardian of such child(ren). - Who Pays for Your Benefits If you are an active employee, Collier County Government shares the cost of , providing benefits for you and your dependents. If you are a retiree or are covered under COBRA, you are responsible for pay/ng the entire cost of providing benefits for-yourself and your dependents. Enrollment Requirements You must enroll within 30 days of youg eligibility date. If you also desire - dependent coverage, you must enroll your eligible dependent~ at this time. If you.do not haVe any eligible dependents at the time of initial enrollment, but acquire eligible dependents at a later date, you must enroll the dependent(s) Within 31 days of the date you acquire them. You may be required to obtain and pro,vide ~your employer with a Social Security. number for each covered dependent. X/our newborn child is automatically covered at birth for 31 days. For coverage to continue beyond 31 days, you must notify Collier Coun.ty Government R_i. sk: Management Department of the birth and pay any requir?d contribution. -If notification and cOntribution are not made, coverage Will terminate atthe' end of 31 days following your child's birth. Your claim for maternity eXpenses is not considered as notification to your employer for coverage to contintie beyond 31 ' days. If you have a qualifying change in your family status, you may change your enrollment decision within 31 days of the change in family status. A qu~l/fvin~ i- ' ' AG~iVOA, ITiH JUN 0 8 1999 change in family status includes mamage, divorce, death of spouse or child, birth-* ' or adoption of a child, termination of spouse's employment, commencement of spouse's employment, a change from part-time to full-time or full-time to part- time status for you or your spouse, an unpaid leave of absence taken by you or your spouse or a significant change in health coverage for you or your spouse due to your spouse's employment. Late Enrollees An Eligible Employee or Eligible Dependent who enrolls under the policy other. than during the first period of eligibility or an Enrollment Period will be considered a Late Enrollee, unless he or she qualifies for a Special Enrollment Period-(see Special Enrollment Period provision below). Late enrollees who want to enroll for coverage under this plan can choose one of - two approaches: A. Wait until open enrollment period. B. Qualify for the Special Enrollment provision stated below. Colli6r County Government will not base eligibility on health .status-related factors; including health status, medical condition (physical and mental), claims experience, receipt of health care, medical history, genetic information, evidence of insurability (including conditions related to, domestic violence) or disability. Special Enrollment Periods If you are declining enrollment for yourself or your dependents (including your spouse) beeause of other health insurance coverage, you may in the future be able to enroll yourself or your dependents in this plan, provided that you request enr,olknent, within 30 days after your other coverage ends. In addition, if you have a new dependent as a result of mamage, birth, adoption, or placement for adoption, you may be able to enroll yourself and your dependents} provided that you request enrollment within 30 days after marriage, bi~h,.:adopti0n-or- placement for adoption. ' ' This includes individuals who exhaust COBRA coverage or who lose 'eligibility for other health coverage including as a result of legal separation, divorce, death, .--. termination of employment, reduction in hours or termination of employer _ contributions for coverage. Coverage will be effective no later than the first day of the first calendar month after the completed enrollment request is receive~ ~?'['~'"' | J U The Special Enrollment Period does not apply for those who choose to disenroll fi'om their other coverage. When Coverage Begins If you are a full-time employee, when the enrollment requirements are met, your coverage begins on the first day of the month following 60 consecutive days of active employment. However, your coverage does not begin unless you are actively at work. If you are a qualifying retiree, when the enrollment requirements are met, your 'cover'age begins on the first day of the month following your retirement. Coverage for your dependents begins the latest of when your coverage beg/ns, the first day of the month following the date your dependent, other than a newborn, is .released fi'om the hospital or the first day a dependent is legally acquired, if properly enrolled. Health Insurance Portability and Accountability Act of 1996 (HIPAA) Under HIPAA, the time an individual is covered under group health plans after July 1, 1996 (including COBRA coverage, if elected) may be Used to reduce a new health plan's pre-existing condition period. A new enrollee receives credit for his/her prior health coverage by presenting to the new employer of health plan a Certificate of Portability. This certificate is provided by the previous employer. The Certificate of Portability provides information on how long an individual has -' been covered under a particular health plan. With this certificate, the individyal can reduce a new health plan's pre-existing condition period by the amount-of time the individual was covered by the previous health plan. Automatic Certificates of Portability will be provided to all covered individuals who lose insurance under this health plan when one of the following apply: · An individual who is not a COBRA qualified beneficiary - a certificate will be provided at the time the individual ceased to be covered under the plan. JUN 0 8 1999 An individual who is a COBRA beneficiary - a certificate will be provided at-' ' the time of the COBRA event, but not later than the time a COBRA notice is required. A COBRA qualified beneficiary who has elected COBRA coverage - a certificate will be provided at the time COBRA coverage ceases. Requests for certificates are permitted to be made by, or on behalf of, any individual within 24 months after coverage ceases. Pre-Existing Conditions Covered'charges incurred under Medical Benefits for Pre-existing Conditions are not payable unless incurred after the person has been covered under this plan for 12 consecutive months or unless otherwise stated in this document as ineligible. This limitation does not affect benefits for a Sickness or Injury which starts after a person becomes covered under the Plan. Pre-existing Condition is a condition (whether physical or mental) regardless of the cause of the condition for which medical advice, treatment, diagnosis, or care was recommended or received within the 6 month period ending on the enroll date in the health plan. Enroll date is defined as the first day of coverage, or if there is a waiting period, the first day of the waiting period (date of hire). The limitation for a pre-existing condition applies during the first 12 months of coverage for an employee or an eligible dependent. During this period,' beginning on..the enrollment date, expenses for the treatment of the pre-existing, Condition are not covered. Pre-existing conditions exclusions will not be applied to pregnancy, regardless of- whether the woman had previous coverage. In addition, a pre-existing condition exclusion will not be applied to a newborn, adopted child under age 19 or a child under 19 placed for adoption as long as the child became covered under the health plan within 30 days of birth, adoption or placement for adoption, and ~----provided the child does not incur a subsequent 63 day or longer break in coverage. | J;.;. 0 8 The employee or eligible dependent should check with their previous ernplo~[r to obtain a Certificate of Portability which could possibly reduce the 12 month pre-existing condition limitation by the amount of time the employee or eligible dependent was covered by the previous health plan. When Coverage Ends If you are an active employee, your coverage ends the earliest of the end of the month in which your employment with Collier County Govemment ends, the date contributions cease or the end of the month in which you are no longer eligible to participate in this plan. If you are a retiree, your coverage ends the date contributions cease. Coverage for your dependents ends the earliest of the date your coverage ends, the end of the month in which a dependent no longer meets the eligibility requirements or the date contributions cease. Special Situations, Extension of Coverage If a dependent child is physically or mentally handicapped on the date coverage would otherwise end, the child's eligibility will be extended for as long as you are covered by this plan, the handicap continues and the child continues to qualify for coverage in all aspects other than age. The plan may require you at any time to obtain a physician's statement certifying the physical or mental handicap. Coverage continued under the following provision is in addition to coverage continued under Optional Continuation of Coverage (COBRA): If you qualify for an approved family or medical leave of absence (as defined in the Family Medical Leave Act of 1993), eligibility may continue for the duration of the leave if you pay any required contributions toward the cost-of the coverage. Your employer has the responsibility to provide you With prior written notice of the terms and conditions under which payment must be made. Failure to make payment within 30 days of the due date established by your- employer will result in the termination of coverage. Subject to certain exceptions, if you fail to remm to work after the leave of absence, your employer has the right to recover from you any contributions toward the cost of coverage made on your behalf during the leave as outlined in the Coverage continued under the following provision runs concurrently with coverage continued under Optional Continuation of Coverage (COBRA): If you were covered under this plan immediately prior to being called to active duty by any of the armed forces of the United States of America, coverage may continue for up to 18 months or the period of uniformed service leave, whichever is shortest, if you pay any required contributions towards the cost of the coverage during the leave. If the leave is less than 30 days, the contribution rate will be the same as for active employees. If the leave is longer than 30 days, the required contribution will not exceed 102% of the cost of coverage. Reinstatement Of Coverage If coverage is terminated for failure to make payments while you are on an approved family or medical leave of absence (as defined in the Family Medical Leave Act of 1993), coverage of you and your eligible dependents will be automatically reinstated, without providing evidence of good health, on the date you return to active employment if you and your dependents are otherwise eligible under the plan. The pre-existing condition limitation and any waiting periods will not apply. However, all accumulated annual and lifetime maximums will apply. Whether or not you elect continuation coverage under the Uniformed Services Employment and Reemployment Rights Act, coverage will be reinstated, without providing evidence of good health, on the first day you remm to active employment with Collier County Government if you are released under honorable conditions and you remm to employment: on the first full business day following completion of your military service for a leave of 30 days or less; within 14 days of completing your military service for a leave of 31 to 180 days; or within 90 days of completing your military service for a leave of more than 180 days (a reasonable amount of travel time or recovery time for an illness or injury determined by the VA to be service connected will be allowed).· When- coverage under this plan is reinstated, all provisions and limitations of-this plan will apply to the extent that they would have applied if you had not taken military leave and your coverage had been continuous under this plan. The eligibility waiting period will be waived and the pre-existing condition limitation will be credited as if you had been continuously covered under this plan from your original effective date. (This waiver of limitations does not provide coverage for any illness or injury caused or aggravated by your military servic~¥ determined by the VA. For complete information regarding your rights .under ~-l¢e Umformed Services Employment and Reemployment Rights Act, contact your employer.) HEALTH CARE MANAGEMENT PROGRAM What is Health Care Management Collier County Government desires to provide you and your family with a health care benefit plan that financially protects you from significant health care expenses and assures you of quality care. While part of increasing health care costs results from new technology and important medical advances, another significant cause is the way health care services are used. Some studies indicate that a high percentage of the cost of health care services may be unnecessary. For example, hospital stays can be longer than necessary. Some hospitalizations may be entirely avoidable, such as, when surgery could be performed at an outpatient facility with equal quality and safety. Also, surgery is sometimes performed when other treatment could be more effective. ~ All of these instances increase costs for you and Collier County Government. Collier County Government has contracted with a professional, health care management company to assist you in determining whether or not proposed services are appropriate for reimbursement under the plan. The program is not intended to diagnose or treat medical conditions, guarantee benefits or validate eligibility. The medical professionals who conduct the program focus their review on the appropriateness of hospital stays and proposed surgical procedures. Required Admission Review You are required to call Florida l st's toll-free number (800) 226-3155 before any ele~tive admission to a hospital. You must also call within 48 hours (2 working days) of any emergency admission. When you call, it will.~ be necessary to ' provide the program with your name, the patient's name, the. name of the--' physician, and hospital, the reason for the hospitalization '-an'd~ any. Other information needed to complete the review. Reduced Benefits For Failure to Follow Required Review Procedures When the required review procedures are followed, your benefits will be unaffected, and you and the plan avoid expenses related to unnecessary 1~ ~lth care. However, if you do not follow the health care management procedu~gs ' outlined above, the plan's co-payment will be reduced to 50% for all related covered hospital expenses, after any applicable deductible. The penalty assessed when you do not follow the procedures required by the health care management program does not apply to your out-of-pocket maximum. The following is a list of medical services that also requires pre-certification. If pre-certification is not obtained, the plan's co-payment will be reduced to 50% for all related covered expenses, after any applicable deductible. - All Inpatient Admissions : Outpatient Surgery (Hospital and Ambulatory Surgery Centers) adenoidectomy bunionectomy carpal runnel Cholecystectomy cosmetic surgery D&C joint replacement mammoplasty maxillofacial surgery septoplasty TMJ tonsillectomy vein ligation Cardiac Cathetehzation Obstetrical Care: second fetal non-stress test . second ultrasound ' Special Care Case Management Special care case management is designed to help manage the care of patients who have special or extended care illnesses or injuries. The primary objective of special care case management is to identify and coordinate cost-effective medical care alternatives meeting accepted stand?,4~ I AG, ENO TE I JUN 0 8 1999 i medical practice. Special care case management also monitors the care of the patient, offers emotional support to the family, and coordinates communications among health care providers, patients and others. Benefits may be modified by the plan administrator to permit a method of treatment not expressly provided for, but not prohibited by law, rules or public policy, if the plan administrator determines that such modification is medically necessary and is more cost-effective than continuing a benefit to which you or your eligible dependents may otherwise be entitled. The plan administrator also reserves the right to limit payment for services to those amounts which would have been charged had the service been provided in the most cost-effective setting in which the service could safely have been provided. Examples of illnesses or injuries that may be appropriate for special care case management include, but are not limited to: · Terminal Illnesses cancer AIDS · Chronic Illnesses multiple sclerosis renal failure obstructive pulmonary disease cardiac conditions · Accident Victims Requiring Long-Term Rehabilitative Therapy · Newborns with High-Risk Complications or Multiple Birth Defects · Diagnosis Involving Long-Term IV Therapy ' · Illnesses Not Responding to Medical Care · Child and Adolescent Mental/Nervous Disorders j lin 0 8.1999 OTHER IMPORTANT PLAN PROVISIONS -~ ' Assignment Of Benefits All PPO benefits payable by the plan are automatically assigned to the provider of services or supplies, unless evidence of previous payment is submitted with the claim. All other benefits payable by the plan may be assigned to the provider of services or supplies at your option. Payments made in accordance with an assignment are made in good faith and release the plan's obligation to the extent of the payment. Payments will also be made in accordance with any assignment of rights required by a state Medicaid plan. Special Election for Employees And Spouses Age 65 And Over If you remain actively-employed after reaching age 65, you or your spouse may choose to remain covered under this plan without reduction for Medicare benefits or designate Medicare as the primary payor of benefits. If you choose to remain covered under this plan, this plan will be the primary payor of benefits and Medicare will be secondary. If you choose Medicare as primary, coverage under this plan will end. If you do not specifically choose one of the options, this plan will continue to be primary. If you are under age 65 and your spouse is over age 65, he or she can make his or her. own choice. Reimbursement To The Plan This section applies whenever another party (including your own insurer under an automobile or other policy) is legally responsible or agrees to compensate you or your dependent, by settlement, verdict or otherwise, for an illness or injU~ry. . In that case, you or your dependent (or the legal representatives, estate or heirs of either you or your dependent), must promptly reimburse the plan for any benefits it paid relating to that illness or injury, up to the full amount of the compensation may be characterized and regardless of whether you or your dependent have been made whole). If the plan has not yet paid benefits relating to that illness or injury, the plan may reduce or deny future benefits on the basis of the compensation received by you or your dependent. 39 I u..,, ,, l In order to secure the fights of the plan under this section, you or your dependent-' hereby: (1) grant to the plan a first priority lien against the proceeds of any such settlement, verdict or other amounts received by you or your dependent; and (2) assign to the plan any benefits you or your dependent may have under any automobile policy or other coverage, to the extent of the plan's claim for reimbursement You or your dependent must cooperate with the plan and its agents, and must sign and deliver such documents as the plan or its agents reasonably request to protect the plan's right of reimbursement. You or your dependent must also provide any relevant information, and take such actions as the plan or its agents reasonably value of the benefits provided. You or your dependent must not take any action that prejudices the plan's right of reimbursement. The reimbursement required under this provision will not be reduced to reflect any costs or attorneys' fees incurred in obtaining compensation unless separately agreed to, in writing, by the plan administrator, in the exercise of its sole discretion. Subrogation This section applies whenever another party (including your own insurer under an automobile or other policy) is legally responsible or agrees to compensate you or your dependent for your or your dependent's illness or injury and the plan has paid benefits related to that illness or injury. The plan is subrogated to all of the rights of you or your dependent against any party liable for your or your dependent's illness or injury to the extent of the reasonable value of the benefits provided to you or your dependent under the · plan. The plan may assert this right independently of you or your dependent. You or your dependent are obligated to cooperate with the plan and its agents in-- order to protect the plan's subrogation fights. Cooperation means providing the plan or its agents with any relevant information requested by the, signing and delivering such documents as the plan or its agents reasonably request to secure the plan's subrogation claim, and obtaining the consent of the plan or its agents before releasing any party from liability for payment of medical expenses. JUN 0 8 lgg9 i If you or your dependent enter into litigation or settlement negotiations regard~g the obligations of other parties, you or your dependent must not prejudice, in any way, the subrogation rights of the plan under this section. The costs of legal representation of the plan in matters related to subrogation will be borne solely by the plan. The costs of legal representation of you or your dependent must be borne solely by you or your dependent. Recovery of Excess Payments Whenever payments have been made in excess of the mount necessary to satisfy the provisions of this plan, the plan has the right to recover these excess payments from any individual (including yourself), insurance company or other organization to whom the excess payments were made or to withhold payment, if necessary, on futta'e benefits until the overpayment is recovered. If excess payments were made for serv/ces rendered to your dependent(s), the plan has the right to withhold' payment on your future benefits until the overpayment is recovered. Further, whenever payments have been made based on fraudulent information provided by you, the plan will exercise its right to withhold payment on future benefits until the overpayment is recovered. Right To Receive And Release Necessary Information The.plan .may, without the consent of or notice to any person, release to or obtain from any organization or person, information needed to implement plan l~ro.visions. When you request benefits, you must furnish all the information reqUired to implement plan provisions. ..2 Alternate Payee Provision - Under normal conditions, all PPO benefits are payable to the provider of services or ~upplies. All other benefits are payble to you and can 6nly be paid ' directly to another party upon signed authorization from you. If conditions exist under which a valid release or assignment cannot be obtained, the plan may _ make payment to any individual organ/zation that has assumed the :are or principal support for you and is equitably entitled to payment. The p 41 make payments to your separated/divorced spouse, state child support agencies-' or Medicaid agencies if required by a qualified medical child support order (QMCSO) or state Medicaid law. The plan may also honor benefit assignments made prior to your death in relation to remaining benefits payable by the plan. Any payment made by the plan in accordance with this provision will fully release the plan of its liability to you. FILING A CLAIM Your health care provider should file claims for you. Electronically submitted claims are processed most efficiently. If unable to file electronically, your health care provider may submit the following: · HCFA-1500 (revision 12/90 and late) or UB-92 forms for medical expenses; · ADA forms (revision 1990 and later) for dental expenses; · prescription submittal forms and vision care submittal forms. These are the only appropriate forms for requesting plan payment. If your health care provider is unable to file one of these forms for you, you are responsible for completing and submitting it. These forms are available from either your health care provide.r or employer. Include the following information: · plan participant's name, Social Security number and address; · patient's name, Social Security number and address if different from the participant's; · provider's name, tax identification number, address, degree and signature; · date(s) of service; · diagnosis; · procedure codes (describes the treatment or services rendered); ' · assignment of benefits, signed (if payment is to be made to the providerj; · release of information statement, signed; explanation of benefits (EOB) information if another plan is the primary payor. /llld fl 0 tllllCI I 43 ~,v,i v/..~.q~o I ~0.--4 W--... I Claims should be submitted for each individual. Please do not attach or staple-~ ' claims together. If additional information is needed to process your claim, you or your health care provider will be notified. If you receive a letter regarding your claim, prompt completion and remm of the letter with any requested attachments will expedite processing of the claim. The plan administrator will not back pay any claims if not filed by the end ofg0 days. Send complete information to: Florida 1~t Health Plans, Inc. P.O. Box 3169 Winter Haven, Florida 33885-3169 If you have any questions regarding your claim, please call: (800) 226-3155 All claims must be received by the plan within 90 days from the date of service unless such receipt is beyond the control of the insured or the provider of the service. In no instance shall a claim be processed by the Third Party Administrator if received after six (6) months from the date of service. How to Appeal A Denial of Benefits If you believe a claim was improperly settled, the following process is available: 1. Within 60 days of receipt of the claim, you may request, in writing or verbally, that the plan condUct a review, of the processed claim. The plan will review the processed claim and inform you whether or not an error.was made. Any errors will be corrected promptly. 2. If you are not satisfied with the above review, a written request for a second review may be submitted to the plan within 60 days of the first review. The request should state, in clear and concise terms, the reason for disagreement with the way the claim was processed. When the written request is received, the claim will be reviewed again and the results of this review furnished in writing to you within 60 days in most cases, but in no case more than 120 days. 44 P,g',; ' ' r All requests for a review of denied benefits should include a copy of the im~hl denial letter and any other pertinent information. Send all information to: Florida 1 st Health Plans, Inc. P.O. Box 3169 Winter Haven, Florida 33885-3169 Requests for appeal which do not comply with this procedure will not be considered, except in extraordinary circumstances. "A~NOA. I~E~- 1 JUN 08 1999 I OPTIONAL CONTINUATION OF COVERAGE -~ ' Continuation of Coverage Under Federal Law As mandated by federal law, the plan offers optional continuation coverage to you and/or your dependents if coverage of the eligible beneficiary would otherwise end due to one of the following events: · Termination of your employment for any reason except gross misconduct. Coverage may continue for you and your eligible dependents. · A reduction in hours worked by you. Coverage may continue for you and your eligible dependents. · Your death. Coverage may continue for your eligible dependents. · Divorce or legal separation from your spouse. Coverage may continue for that spouse and your other eligible dependents. · You become entitled to Medicare. Coverage may continue for eligible dependents who are not entitled to Medicare. · -Loss of eligibility of a covered dependent child. Coverage may continue for that dependent.' · Your employer files a Title 11 bankruptcy petition. Coverage may continue for retirees and their benefiCiaries if the plan covers such retirees and beneficiaries within one year of the date of the bankruptcy_ _ petition and if such retiree coverage ends or is substantially reduced _: within one year before or after the filing for bankruptcy. (Please note that the plan may not cover retirees, in which case employer bankruptcy is not a qualifying event.) NOTE: To choose this continuation coverage, an individual must be a covered person under the plan on the day before the qualifying event or be bom to or adopted by you during the period of your continuation ~,~, ~,~ coverage. In the case of bankruptcy, an individual must have retired on b~ before the date coverage was substantially reduced, or be a beneficiary of the retired employee on the day before the bankruptcy. Notification Requirement You or other qualifying individual(s) have the responsibility to inform the plan administrator of a divorce, legal separation or a child losing dependent status under the Collier County Government Group Benefit Plan within 60 days of the qualifying event. Failure to provide this notification within 60 days will result in the loss of continuation coverage rights. Your employer has the responsibility of notifying the Third PartyAdministrator of your death, termination of employment, reduction in hours, entitlement to Medicare or the employer's bankruptcy within 30 days of the qualifying event. The plan will notify you and other qualifying individual(s) of continuation coverage rights within 14 days of the notice described above. You and any other qt/alifying individuals will then have 60 days to elect continuation coverage. Failure to elect continuation coverage within 60 days after being notified by the Third Party Administrator will result in loss of continuation coverage rights. Maximum Period Of Continuation Coverage The maximum period of continuation coverage for individuals who qualify due to termination of employment or reduction in hours worked is 18 months from the date of the qualifying event. If a qu.alifying individual is disabled (as determined under the Social Secm'/ty "Act) at the time of your termination or reduction in hours or becomes disabled at any time during the first 60 days of continuation coverage, cpntinuation coverage: for the qualifying individual and any non-disabled family, m~mbers~who are also entitled to continuation coverage may be extended t6 29 months prOvided the qualifying individual or family member, if applicable, notifies the plan administrator within the 18-month continuation coverage period and within 60 days after receiving notification of disability. The maximum period of continuation coverage for individuals who qualify dUe to-~ any other described qualifying event, except bankruptcy, is 36 months from the date of the qualifying event. The maximum period of continuation coverage for individuals who qualify due to any other described qualifying event, except bankruptcy, is 36 months from the date of the qualifying event. Qualifying retirees and widows Or widowers of retirees who died before bankruptcy are entitled to lifetime continuation coverage. However, if a retiree' dies after bankruptcy, the surviving spouse and dependent children may only - elect an additional 36 months of continuation coverage after the death. If an individual experiences more than one qualifying event, the maximum period of coverage will be computed from the date of the earliest qualifying event, but will be extended to the full 36 months if required by the subsequent qualifying event. However, if your spouse and dependent children would otherwise lose coverage because of a qualifying event, they will be entitled to 36 months of continuation coverage from the date you become entitled to Medicare even if your entitlement to Medicare does not cause you to lose coyerage either because you are still ~ employed or because you had already terminated employment. - Cost of Continuation Coverage The. cost of continuation coverage is determined by your employer and paid by the qu~tlifying individual. 'If the qualifying individual is not disabled, the applicable premium cannot exceed 102% of the plan's cost of providing coverage. The cost of coverage during a period of extended continuation coverage due to a disability cannot exceed 150% of the plan's cost of coverage. - You and other qualified individual(s) must make the first p'aYmefit wi'thin 45 days of notifying the plan of selection of continuation coverage. Future payments can be made in monthly installments within 30 days of the due date unless your employer establishes a longer payment schedule. Rates and payment schedules are established by your employer and may change when necessary due to plan modifications. I JIJN O 8 1999 The cost of continuation coverage is computed ~om the date coverage-wofii~d ' normally end due to the qualifying event. Failure to make the first payment within 45 days or any subsequent payment within 30 days of the established due date will result in the permanent cancellation of continuation coverage. When Continuation Coverage Ends Continuation of coverage ends on the earliest of: · The date the maximum continuation period expires. _ · The date the qUalifying individual becomes entitled to coverage under Medicare. · The last period for which payment was made when coverage is canceled due to non-payment of the required cost. · The date the employer no longer offers a group health plan to any of its employees. · The date the qualifying individual becomes covered 'under any other group health plan that does not exclude or limit coverage for a pre- existing condition the qualifying individual may have. J U N O 8 19gg 49 mm DEFINITIONS The following terms define specific wording used in this plan. These definitions should not be interpreted to extend coverage unless specifically provided for under previously explained provisions of this plan. Accident An unforeseen and unavoidable event resulting in an injury. Actively At Work (Active EmploymenO : You are considered to be actively at work when performing in the customary manner all of the regular duties of your occupation with the employer, either at one of the employer's regular places of business or at some location to which the employer's business requires you to travel to perform your duties or other duties assigned by your employer. You are also considered to be actively at work on each day of a regular paid vacation or non-working day on which you are not totally disabled, but only if you are performing in the customary manner all of the regular duties of your occupation with the employer on the immediately preceding regularly scheduled work day. Ambulatory Surgical Facility A public or private facility, licensed and operated according to the law, which does not provide services or accommodations for a patient to stay. overnight. The facility must have an organized medical staff of physicians; maintain permanent facilities equipped and operated primarily for the purpose of performing surgical procedures; and sUpply registered professional nursing services whenever a patient is in the facility. Amendment (Amend) A formal document approved by the plan sponsor. The amendment adds, deletes or changes the provisions of the plan and applies to all covered persons, including those persons covered before the amendment becol~es ' I 0 8 1999 50 effective, unless otherwise specified. Amendments to the plan may be -" implemented by the Risk Management Director and subsequently approved by the Third Party Administrator when benefit changes are mandated by State or Federal law. Benefit year The 12-month period beginning January 1 and ending December 31. All annual deductibles and benefit maximums accumulate during the benefit~ year. Birthing Center A public or private facility, other than,private offices or clinics of physicians, which meets the free-standing birthing center requirements of the State Department of Health in the state where the covered person receives the services. The birthing center must provide: a facility which has been established, equipped and operated for the purpose of providing prenatal care, delivery, immediate postpamnn care and care of a child bom at the center; supervision of at least one specialist in obstetrics and gynecology; a physician or certified nurse midwife at all births and immediate postpamm~ period; extended staff privileges to physicians who practice obstetrics and gynecology in an area hospital; at least 2 beds or 2 birthing rooms; full-time nursing services directed by an R.N. or certified nurse midwife; arrangements for diagnostic x-ray and lab services and the capacity to administer local anesthetic or to perform minor surgery. In addition, the facility must only accept patients with low-risk pregnancies, have a written agreement with a hospital for emergency _, . transfers and maintain medical records on each patient and child. Chiropractic Services The detection and correction, by manual or mechanical means, of the interference with nerve transmissions and expressions resulting from distortion, misalignment or dislocation of the spinal (vertebrae) column. Cosmetic Surgery A procedure performed primarily for psychological purposes or to preserve or improve appearance rather than to restore the anatomy and/or functions of the body which are lost or impaired due to an illness or injury. Custodial Care Services and supplies furnished primarily to assist an individual in the activities of daily living. Activities of daily living include such things ass bathing, feeding, administration of oral medicines, or other services that can be provided by persons without the training of a health care provider. Diagnostic Charges - The usual and customary charges for x-ray or laboratory examinations made or ordered by a physician in order to detect a medical condition. Durable Medical Equipment Equipment able to withstand repeated use for the therapeutic treatment of an active illness or injury. Such equipment will not be covered under the plan if it could be useful to a person in the absence of an illness or injury and could be purchased without a physician's prescription. Elective Hospital Admission Any non-emergency hospital admission which may be scheduled at the patient's convenience without jeopardizing the patient's life or causing serious impairment. ~ ' Employer Collier County Government. JUN 0 8 1999 _ Pg ,~ '~ '~-"- Experimental/Investigational Expenses for treatments, procedures, devices or drugs which the plan administrator determ/nes, in the exercise of its discretion, are experimental, investigational or done primarily for research. Treatments, procedures, devices or drags are excluded under this plan unless: Approval of the U.S. Food and Drug Administration for marketing the drug or device has been given at the time it is furnished, if such approval is required by law; and - Reliable evidence shows that the treatment, procedure, device or drug is not the subject of ongoing phase I, II or III clinical trials or under study to determine its maximum tolerate dose, its toxicity, its safety, its efficacy or its efficacy as compared with the standard means of treatment or diagnoses; and Reliable evidence shows' that-the consensus of opinion among experts regarding the treatment, procedure, device or drug is that further studies - . or clinical trials are not necessary to determine its maximum tolerated dose, its toxicity, its safety, its efficacy or its efficacy as compared with the standard means of treatment or, diagnoses. Reliable evidence includes anything determined to be such by the plan - administrator, within the exercise of its discretion, and may include published reports and articles in the medical and scientific literature generally considered to be authoritative by the national medical professional community. ' - He[~lth Care Provider~ A physician, practitioner, nurse, hospital or specialized treatment. facility as those terms are specifically defined in this ~ection. :. Home Health Care Agency " A public or private agency or organization, licensed and operated according to the law, that specializes in providing medical care and - 'treatment in the home. The agency must have policies establishneo.~~ | ! a professional group and at least one physician and one registered-' ' graduate nurse to supervise the services provided. Home Hospice A program, licensed and operated according to the law, which is approved by the attending physician to provide palliative, supportive and other related care in the home for a covered person diagnosed as terminally ill. Hospice Facility A public or private organization, licensed and operated according to the law, primarily engaged in providing palliative, supportive and - other related care for a covered person diagnosed as terminally ill. The facility must have an interdisciplinary medical team consisting of at least one physician, one registered nurse, one social worker, one volunteer and a volunteer program. A Hospice facility is not a facility or part thereof which is primarily a place for rest, custodial care, the. aged, drug addicts, alcoholics or a hotel or similar institution. Hospital A public or private facility, licensed and operated according to the law, which provides care and treatment by physicians and nurses at the patient's expense of an illness or injury through, medical, surgical and diagnostic facilities on its premises. A hospital does not include a facility or any part-thereof which-is,- other than by coincidence, a place for rest, the aged m: i¢°nvaleSCent care. JUN 0 8 1999 I Illness Any bodily sickness, disease or Mental/Nervous disorder. For purposes of this plan, pregnancy will be considered as any other illness. Injury A condition which results independently of an illness and all other causes and is a result of an externally violent force or accident. Inpatient Treatment in an approved facility during the period when charges are made for room and board. Intensive care unit A section, ward or wing within a hospital which is operated exclusively for critically ill patients and provides special supplies, equipment and constant observation and care by registered graduate nurses or other highly trained personnel. This excludes, however, any hospital facility maintained for the purpose of providing normal post-operative recovery treatment or service. Lifetime The period of time you or your eligible dependents participate in this plan or any other Plan Sponsored by Collier County Board of Cou~nty · "Commissioners. Medicaid Title XlX (Grants to States for Medical Assistance Programs) of the Un/ted State Social Secud'ty Act as amended. Medical Emergency -4 · An illness or injury which occurs suddenly and unexpectedly, requiring immediate medical care and use of the most accessible hospital equipped to furnish care to prevent the death or serious impairment of the covered person. Such conditions include, but are not limited to, suspected heart attack, loss of consciousness, actual or suspected poisoning, acute appendicitis, heat exhaustion, convulsions, emergency medical care rendered in accident cases and other acnte conditions. Medically necessary (Medical necessity) Services or supplies which the plan administrator determines, in the exercise of its discretion, are generally acceptable by the national medical professional community as being safe and effective in treating a covered illness or injury, consistent with t he symptoms or diagnoses, furnished at the most appropriate medical level and not primarily for the convenience of the patient, a health care provider or anyone else. Because a health care provider has prescribed, 'ordered or recommended a service or supply does not, in itself, mean that it is medically necessary as defined above. Medicare Title XVIII (Health Insurance for the Aged and Disabled) of the, ' lJnited States Social Security Act as amended. . Mental/Nervous Disorder For purposes of this plan, a Mental/Nervous disorder is any diagnosed condition listed in the Diagnostic and Statistical Manual of Mental Disorders (DSM, most recent edition, revised), except as specified in Medical Expenses Not Covered, for which treatment is commonly sought from a psychiatrist or mental health provider. The DSM is a clinical diagnostic tool developed by the American . JUN 08~99 p~. ',,...J {J Psychiatric Association and used by mental health profession~l~. Diagnoses described in the DSM will be considered Mental/Nervousin nature, regardless of etiology. Mental/Nervous Treatment Facility A public or private facility, licensed and operated according to the law, which provides a program for diagnosis, evaluation and effective treatment or Mental/Nervous Disorders; and professional nursing services provided by licensed practical nurses who are directed by a full- time R.N. The facility must also have a physician on staff or on call. The facility must prepare and maintain a written plan of treatment for each patient. The plan must be based on medical, psychological and social needs. Morb id Ob esity A diagnosed condition in which the body weight exceeds the normal weight by either 100 pounds or it twice the normal weight of a person the same height, and conventional weight reduction measures have failed. The excess weight must cause a medical condition such as physical trauma, pulmonary and circulatory insufficiency, diabetes or heart disease. Nurse A person acting within the scope of his/her 1 icense and holding the degree of Registered Graduate Nurse (R.N.), Licensed Vocational Nurse (L.V.N.) or Licensed Practical Nurse (L.P.N.). ~ . Oral Surgery Necessary procedures for surgery in the oral cavity, including pre- and post-operative care. i ] ! JU.N..n 8 m99 Outpatient -'~ ' Treatment either outside of a hospital setting or at a hospital when room and board charges are not incurred. Partial Hospitalization A distinct and organized intensive ambulatory treatment service, less than 24-hour daily care specifically designed for the diagnosis and active treatment of a Mental/Nervousdisorder when there is a reasonable expectation for improvement or to maintain the individual's functional level and to prevent relapse or hospitalization. Partial hospitalization programs must provide diagnostic services; services of social workers; psychiatric nurses and staff trained to work with psychiatric, patients; individual, group and family therapies, activities and occupational therapies; patient education; and chemotherapy and biological treatment interventions for therapeutic purposes. The facility providing the partial hospitalization must prepare and maintain a written plan of treatment for each patient. The plan must be approved and periodically reviewed by a physician. Pharmacy Benefit Manager (PBM) The organization administering the prescription drug benefit. See General Information for the Plan's PBM. Physically or Mentally Handicapped The inability of a person to be self-sufficient as a result of a condition--' ' such 'as mental retardation, cerebral palsy,, epilepsy or. another neurological disorder and diagnosed by a physician as a permanent and continuing condition. no, /~/9 f .JI!N 0_8 1999 58 ' Physician A person acting within the scope of his/her license and holding the degree of Doctor or Medicine (M.D.) or Doctor of Osteopathy (D.O.) and who is legally entitled to practice medicine in all its branches under the laws of the state or jurisdiction where the services are rendered. Plan The official document goveming the provisions of benefits as adopted by the Board of County Commissioners and as amended fi.om time to time. Plan sponsor The plan. sponsor, Collier County Board of County Commissioners, pursuant to the collective bargaining agreement, is the sole fiduciary of the plan, and exercises all discretionary authority and control over the administration of the plan and-the management and disposition of plan assets. The plan administrator shall have the sole discretionary --. authority to determine eligibility for plan benefits or to construe the terms of the plan. The plan sponsor has the fight to amend, modify or terminate the plan in any manner, at any time, regardless of the health stares of any plan participant or beneficiary. The plan sponsor may hire someone to perform claims processing and other specified services in relation t° the plan. Any such contractor Will not be a fiduciary of the plan and will not exercise any of the discretionary authority and responsibility granted to the plan administrator, as described above. . - _:" Plan year - .. The-12-month fiscal period for Collier County Government beginning October 1 and ending September 30. Practitioner A physician or person acting within the scope of applicable state licensure/cerfification requirements and holding the degree of Doctor of Dental Surgery (D.D.S.), Doctor of Dental Medicine (D.M.D.), Doctor of Podiatry Medicine (D.P.M.), Doctor of Chiropractic (D.C.), Certified Nurse Midwife (C.N.M.), Certified Registered Nurse Anesthetist (C.R.N.A.), Registered Physical Therapist (R.P.T.), Psychologist (Ph.D., Ed.D., Psy. D.), Licensed Clinical Social Worker (L.C.S.W.), Master of Social Work (M.S.W.), Speech Therapist, Occupational Therapist, Acupuncturist, Licensed Massage Therapist or Physician's Assistant. Preferred Provide Organization (PPO) , Community Health Partners, including those health care providers who have contracted with Collier County Government to provide certain services for which' benefits are considered at special levels. Prescription Drug Benefit The prescription drug benefit is ,an independent program separate - from your regular medical plan, and admimstered by a Pharmacy Benefit Manager (PBM). Psychiatric Day Treatment Facility A public or private facility, licensed and operated according to the .law, which provides: treatment for all its patients for not more than 8 hours in any 24-hour period; a structured psychiatric program based on an individualized treatment plan that includes specific` attainable " goals and objectives appropriate for the patient; and-gupe .rvision by a--' . physician certified in psychiatry by the ~American 'Board' of Psychiatry and Neurology. ' The facility must be accredited by the Program for Psychiatric ~--- Facilities or the Joint Commission on Accreditation of Hospitals. I JUN O 8 1999 I Reconstructive Surgery A procedure performed to restore the anatomy and/or functions of the body which are lost or impaired due to an injury or illness. Rehabilitation Facility A legally operating institution or distinct part of an institution which has a transfer agreement with one or more hospitals, and which is primarily engaged in providing comprehensive multi-disciplinary physical restorative services, post-acute hospital and rehabilitative inpatient care and is duly licensed by the appropriate government - agency to provide such services. It does not include institutions which provide only minimal care, custodial care, ambulatory or part-time care services, or an restitution which primarily provides treatment of Mental/Nervous Disorders, substance abuse or tuberculosis, except if such facility is licensed, certified or approved as a rehabilitation facility for the treatment of Mental/Nervous conditions or substance abuse in the jurisdiction where it is located, or is accredited as such a facility by the Joint Commission for the Accreditation of Health Care Organizations or the Commission for the Accreditation of Rehabilitation Facilities. Residential Treatment Facility A child-care restitution that provides' residential care and treatment-for emoti, pnally disturbed children and adolescents. The facility must,, be accredited as a residential treatment facility by the Council on Accreditation, . the Joint Commission on Accreditation of Hospitals or the Americfin' Association of Psychiathc Services for Children. Second Surgical Opinion Examination by a Physician who is certified by the American Board of Medical Specialists in a field related to the proposed surgery to evaluate the medical advisability of undergoing a surgical procedure. Skilled Nursing Facility A public or private facility, licensed and operated according to the law, which provides: permanent and full-time facilities for 10 or more resident patients; a registered nurse or physician on full-time duty in charge of patient care; at least one registered nurse or licensed practical nurse on duty at all time; a daily medical record for each patient; transfer arrangements with a hospital; and a utilization review plan. The facility must be engaged in providing continuous skilled nursing care for persons during the convalescent stage of their illness or injury, and is not, other than by coincidence, a rest home for custodial care or for the ~iged. Specialized Treatment Facility Specialized treatment facilities as the term relates to this plan include skilled nursing facilities, rehabilitation facilities, ambulatory surgical facilities, birthing centers, residential treatment facilities, Mental/Nervous treatment facilities, substance abuse treatment facilities, psychiatric day treatment facilities, chemical dependency/substance abuse day treatment facilities and Hospice facilities as those terms are specifically listed in Covered Medical Expenses. Substance Abuse Treatment Facility A public or private facility, licensed and operated according to the law, which provides: a program for diagnosis, evaluation and effective trea ~t~, ent of substance abuse; detoxification services; and professional. nursing services provided by licensed practical nurses who are directed by a full-time R.N. The facility must also have a physician on staff or on The facility must prepare and maintain a written plan of treatment for each patient. The plan must be based on medical, psychological and social needs. JUN '(8-19i9 The facility must prepare and maintain a wr/tten plan of treatment-f~r ' each patient. The plan must be based on medical, psychological and social needs. Surgery Any operative or diagnostic procedure performed in the treatment of an injury or illness by instrument or cutting procedure through any natural body opening or incision. " Third Surgical Opinion Examination by a physician who is certified by the American Board of Medical Specialists in a field related to the propoSed surgery to evaluate the medical advisability of undergoing a surgical procedure. Total Disability (Totally Disabled) The inability to perform all the duties of your occupation with Collier County government or any other type of work for wage or profit as the result of a non-occupational illness or injury. A dependent will be considered totally disabled if, because of a non-occupational injury or illness, he or she is prevented from engaging in all the normal activities of a person of like age who is in good health. Usuai And Customary Charge The charge most frequently made to the majority of patients for the same service or procedure. The charge must be within the range of the charges most fi'equently made I n the same or similar medical service area for the service or procedure as billed by other physicians or practitioners. Year See benefit year. JUN '1] '8 1~ GENERAL INFORMATION Name and Address of the Plan Sponsor Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8461 Name and Address of the Plan Administrator Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8461 Name and Address of the Designated Agent for Service of Legal Process County Attomey of Collier County 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8461 Name and Address of the Plan Trustees Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8461 Name and Address of the Pharmacy Benefit Manager Consultec · 9040 Roswell Road, Suite 700 Atlanta, GA 30350 (800) 888-2832 (770) 641-9938 (fax) Internal Revenue Service and Plan Identification Number The corporate tax identification number assigned by the Internal Revenue Service is 59-6000558. The plan number is 47001. Method of Funding Benefits Health benefits are self-funded from accumulated assets and are provided directly fi-om the Plan Sponsor. The Plan Sponsor may purchase excess risk insurance coverage which is intended to reimburse the Plan Sponsor for certain losses incurred and paid under the plan by the Plan Sponsor. Such -excess risk coverage, if any, is not part of the plan. Payments out of the plan to health care providers on behalf of the covered person will be based on the provisions of the plan. Collective Bargaining Agreement This plan is maintained pursuant to one collective bargaining agreement. A copy of the collective bargaining agreement may be obtained upon written request to the plan sponsor, who may make a reasonable charge for the copy, and it is also available far examination by .participants and beneficiaries at: Ochopee Fire Department 3301 East Tamiami Trail Naples, FL 34112 JUN 9 EXECUTIVE SUMMARY APPROVAL OF A BUDGET AMENDMENT TO FUND 517, GROUP HEALTH AND LIFE INSURANCE. OBJECTIVE: To seek approval from the Board of Commissioners of a budget amendment to Fund 517, Group Health and Life Insurance. CONSIDERATIONS: The Board of Commissioners operates a self-insured group health insurance program to provide health insurance for its eligible employees and those of participating constitutional officers. The Board of Commissioners is required by Florida Statute 112.08 to complete an actuarial study of the group health plan in October to assure the proper funding of the plan. To assure accuracy for budgeting purposes, an additional actuarial evaluation was performed as of March 3 l, 1999. Staffhas utilized these actuarial evaluations to project future plan costs for reserving, budgeting and rating purposes. Based upon the latest actuarial evaluation as of March 3 l, 1999 a budget amendment is necessary to fund claims for the remainder of FY 99. Please note the following claims information: FY 99 Budgeted Claims Costs $4,650,000 Actual Claims as of 3/31/99 $2,820,192 Actuarial Projection as of 3/31/99 $5,678,904 Actuarial vs. Budgeted Claims ($1,028,904) Actual claims experience is trending above budgeted claims which will result m a budgetary shortfall in FY 99. In order to avoid a delay in the release of claims payments due to a potential funding insufficiency it is requested that a budget amendment of $1,100,000 be approved to fund claims through September 30, 1998. To make up for this shortfall, all available budgeted premiums for health insurance will be collected in FY 99 as opposed to the collection of premiums based upon actual enrollment. The remainder of funds will be made up through a transfer from reserves. Changes to the budget will be reflected as follows: Object Code Title Current Budget Inc/Dec. Amended Budget 121640-645920 Insurance Claims 4,650,000 1,100,000 5,750,000 919010-996300 Reserves 1,868,500 (244,700) 1,623,800 121640-498120 Health Insurance Billings 5,044,700 855,300 5,900,000 GROWTH MANAGEMENT IMPACT: None. -- J U N 0 8 P~.. ,, / _ FISCAL IMPACT: Budgeted health insurance premiums are available within various department budgets~ The Board of Commissioners also budgets funds in Group Health and Life Reserves for the purpose of paying claims. RECOMMENDATION: It is recommended that the Board approve a budget amendment to Fund 517 in the amount of $ l, 100,000 through the collection of budgeted premiums and through a transfer from Group Health Reserves to Insurance Claims. J~alker, CPCU, ARM, Director Risk Management Department Support Services Admini~0rfitor EXECUTIVE SUMMARY APPROVAL OF AMENDMENT NO. 1 FOR ARCHITECTLTRAL SERVICES FOR THE DESIGN OF THE SHERIFF'S ADMINISTRATION FACILITY, RFP # 98-2867. OBJECTIVE: To approve Amendment No. 1 of RFP # 98-2867, design of the Sheriff's Administration Facility to the V Group of Florida, Inc. CONSIDERATIONS: On January 12, 1999, the Board approved RFP # 98-2867 (Design of the Sheriff's Administrative Facility). The Agreement was phased to accommodate the potential funding and construction schedule: Phase One: Construct the 4th flOOr of the Courthouse (fully funded). Phase Two: The Immokalee and Naples Jail facilities, Chiller Plant (new construction and renovation, currently not funded). Phase Three: Sheriff's Administration and Operations facilities (new construction and renovation). To accommodate the Sheriff's immediate needs, the Board made funding available for the construction of the Sheriff's Administration Facility. Negotiations with the V Group of Florida resulted in the following fee schedule: New Sheriff's Administration Facility Amount Percentage of Construction Basic Fee $370,000.00 7.0% Additional Basic Services 71,500.00 1.4% Campus Improvements Basic Fee 53,000.00 1.0% Total Fee $494,500.00 7.6% FISCAL IMPACT: The total cost of this contract is $494,500. Funds are available through a commercial paper loan of $6,500,000 to fund the design and construction of the Sheriff's Administration Facility approved by the Board of County Commissioners on May 25, 1999. A budget amendment is needed to recognize and appropriate the $6.5 million commercial paper draw in the Facilities Management Construction Fund (301). The source of repayment is a covenant to budget and appropriate available non-ad valorem dollars to repay this loan over a five year period. Pursuant to the FY 2000 budget policy, the County will allocate $8,250,000 funds from the General Fund for capital projects. Debt service will be covered each year prior to new capital project request being considered. Interest on outstanding commercial paper loan is paid monthly. The estimated FY 99 loan interest is $ 8,500 and will be paid from General Fund reserves. J UN 0 8 1999 I Addendum No.1 of REP # 98-2867 (cont.) Page 2 GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Correctional Facilities Capital Improvement Plan (CFCIP) and County's Master Space Plan. RECOMMENDATIONS: That the Board of County Commissioners approve Amendment No. 1 of RFP # 98-2867 to The V Group of Florida, Inc. for the design of the Sheriff's Administrative Facility, authorize the Chairman to sign an agreement with The V Group of Florida, Inc. after review by the County Attorney's Office, and approve the associated budget amendments. PREPARED BY: -d ,~--~ t-~'.-~ ~-~-~¢/'' DATE: ~rac~ Crognale, Const~ction Manager // ,. l~6partment of Facilities Management / . / ~VIEWED BY: '~~¢Y'j'~*'l DATE: ,.~ ':~ ~ 9 S~ Camp, Director Department of Facilities management REVIEWEDBY' ~ .C~ ~_g,'~4 DATE: 'Stephen~. Carneql,'Director Purchasing Department Leo ~i'0'chs, Jr., ~,d~ Support Services l~vi~n & ;J SHERIFF'S ADMINISTI%4,TION FACILITY AMENDMENT NO. I TO PROFESSIONAL SERVICES AGREEMENT The ganendment #1 to the Agreement dated January 12. 1999 (hereinafter "Agreement") is made and entered into this day of .1999, by and betxveen the Board of County Commissioners for Collier County, Florida a political subdivision of the State of Florida (hereinafter referred to as the "Owner" and the V Group of Florida, Inc. a Florida corporation authorized to do business in the State of Florida, whose business address is 5150 Tamiami Trail North. Suite 600, Naples, Florida 34103 (hereinafter referred to as the ("CONSULTANT"). WITNESSETH WHEREAS. O\~,'LNER and CONSULT.~NT currently have a valid professional services agreement for the provision of professional services for PHASE ONE, CONSTRUCTION OF THE FOURTH FLOOR OF THE COUNTY COURTHOUSE (hereinafter referred to as "PROJECT") said services more fully described in said AGREEMENT, and WHEREAS, OWNER and CONSULTANT agree to proceed with PHASE THREE, CONSTRUCTION OF THE SHERIFF'S ADMINISTRATION FACILITY. V~q-IEREAS, CONSULTANT represents that he has the expertise and the type of professional services that will be required for PHASE THREE of the project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein parties agree as follows: XTEM 1999 ARTICLE ONE 1.1 CONSULTANT shall provide to OWNER professional architectural and engineering services in all phases of the project to which this amendment applies. 1.2 CONSULTANT shall provide professional services in addition to those outlined in said AGREEMENT as noted in Schedule A of this Amendment as attached hereto. ARTICLE TWO 2.1 OWNER agrees to compensate CONSULTANT for services rendered hereunder as Prescribed in Schedule B, entitled "Schedule of Fees for Basic Services and Consultant's Estimate of Additional Services", which are attached hereto and made a part hereof. ARTICLE THREE 3.1 The schedule for the Project shall be shown in schedule C as attached hereto. 1999 I 4.1 The AGREEMENT, as amended shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Professional Services for the DESIGN OF THE FOURTH FLOOR OF THE COUNTY COURTHOUSE to include DESIGN OF THE SHERIFF'S ADMINISTRATION FACILITY the day and year first written above. ATTEST: (As to Chairwoman) BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA Bv: By: Dwight E. Brock, Clerk Pamela Mac'Kie, Chaim'oman Approved as to Form and Legal Sufficiency The V Group of Florida, Inc. 5150 Tamiami Trail North Suite 600 Naples, Florida 34103 Witness: Thomas E. Conrecode, P.E. Signature 1' Executive Vice President Printed Name f/ Si t~ure ~] (CORPORATE SEAL) Printed Name SCHEDULE A SCOPE OF SERVICES 1. Description of Project: 1.1 This Project consists of the construction of the roughly 34.000 square foot building addition to Building J and related campus improvements, located at 3301 East Tamiami Trail, Naples, Florida. This construction shall consist of a two story addition to the west side of the existing J Building with integration of building and campus systems. 2. Predesign and Programming Phase: 2. l The Design Professional shall review the program developed in conjunction with the County's Master Plan, furnished by the Owner to ascertain the requirements of the Project and shall confirm in writing with the Owner its understanding of those requirements. 2.2 The Design Professional shall prepare and submit for the Owner's evaluation a report on the program, written program based on furnished Master Plan. and also address: 2.2.1 Security 2.2.2 DeLeted 2.2.3 Evaluation of spatial needs (square footages) of each area "3 "3 .... 4 \Vork Flow 2.2.5 Adjacencies 2.2.6 Circulation, access, egress, servicing 2.2.7 Ancillary facilities (toilets, shower and locker rooms, storage, etc.) 2.2.8 Deleted 2.2.9 Facilities/equipment/personnel 2.2.10 Deleted 2.3 The Design Professional shall prepare and present to the Owner a minimum of three (3) alternative evaluations based upon the program. The Design ~.r~).2 -1- ,, Professional shall rank these alternatives in order of preference and will coordinate pricing with the Construction Manager. 2.4 The Design Professional shall evaluate the Master Plan Program provided by Owner and make specific recommendations in order to improve the efficiency of the Project. The Design Professional shall develop and prepare a final report recommending a detailed Scope of Work. The Scope of Work shall clearly define and include: 2.4.1 Deleted _.4._ Deleted _.4..~ Design emphasis and standards 2.4.4 Materials and methods of construction. _.4._", Deleted 2.4.6 Complete description of all required systems (structural, plumbing, HVAC, electncaI). 2.4.7 Access for the handicapped. 2.4.8 Ener_.e.v conservation. 2.4.9 Site/landscape x',ork. 2.4.10 Deleted 3. Schematic Design Phase: 3.1 Based upon the program, as finally approved by Owner and Design Professional, and after taking into consideration the comments and recommendations from the Construction Manager, the Design Professional shall prepare, for approval by the Owner. Schematic Design documents consisting of two (2) sets of drawings and other documents iljustrating the scale and relationship of the Project components. The Owner's acceptance of the Schematic Design documents in no way relieves the Design Professional of its obligation to deliver complete and accurate documents necessary for successful construction of this Project. .2._ The Design Professional's final Schematic Design submittal and presentation shall include, but not be limited to the following: J U N 0 8 1999 -2- ~g. 3.2.1 Deleted 3.2.2 Project location map 3.2.3 Site plan indicating staging area 3.2.4 Floor plan(s) 3.2.5 Elevations 3.2.6 Building sections 3.2.7 Typical wall sections 3.2.8 Gross space tabulations 3.2.9 Specification outline 3.2.10 General discussion, recommendz::ons, and schematic plans for all major systems including security, communications, structural, mechanical, plumbing and electrical with cons::,Seration of alternate systems. '"" 3.2.1 1 Comments concerning Construction .Xlanager's construction cost estimates. 3.2.12 Vertical and horizontal circulatio:, 21ans. 3.2.13 Deleted. 3.2.14 Comments concerning Construe:CCh ,Manager's overall Project Schedule. 3.2.15 Demolition plans for Building "A" 3.3 The Design Professional shall make sept-ate formal presentations during this phase to the Director of Facilities or desi~ate, and the Collier County Board of Commissioners, if required. The Design Professional shall conduct at least one formal presentation at completion of this phase to demonstrate how the Owner's previously submitted comments were inco~orated into the Design Documents. The Design Professional shall submit the Schematic Design documents to the Owner for Owner's review. The Design Professional shall revise the Schematic Design documents as required by' the Oxvner in order to obtain the Owner's written authorization to proceed to the Desi~ Development phase. JUN 0 8 1999 4. Design Development Phase: 4.1 After Owner's review of the Schematic Design documents and issuance of the Owner's written authorization to proceed, the Design Professional shall commence the Design Development Phase services. 4.2 During the Design Development Phase, Design Professional shall provide the following services: 4.2. i Develop Design Documents to a level of definitiveness and detail to fix and describe the size and character of the Project which ,.'.'ill permit determination of whether the facilitv can be satisfactorily constructed in ail task areas by all disciplines. 4.2.2 Continue developing the architectural, structural, mechanical, electrical, security, and other discipline's responsibilities to establish the final scope and details for that discipline's work. 4.2.3 Perform materials research and prepare specifications specific to Project requirements in draft form. 4.2.4 Consult v,'ith Construction Manager with respect to (i) the Construction Manger's development of Project construction cost estimates, (ii) the Construction Manager's development of an overall Project schedule and (iii) the Construction Manager's comments and recommendations concerning the Project design. 4.2.5 .Xlake a final submittal and presentation to Owner. which shall include, but not be limited to, the following: 4.2.5.1 Landscape architectural design. 4.2.5.2 Site plan indicating the following: 4.2.5.2.1 Finish floor elevations 4.2.5.2.2 Existing elevations with benchmark and survey data 4.2.5.2.3 Construction staging areaJparkin~access 4.2.5.2.4 Existing and new utilities and utility relocations 4.2.5.2.5 New and existing structures 4.2.5.2.6 Existing and new roads and accesses including ~A "rtE, aU, {999 temporary access roads during construction. 4.2.5.2.7 Par-king areas with spaces. 4.2.5.2.8 Grading and drainage features. 4.,.>._.9 Security, including phase security for construction 4.2.5.3 Building plans in all disciplines for new buildings and remodeling of existing buildings. 4.2.5.4 Exterior building elevations. 4 ..... > Appropriate sections in all disciplines. 4 ..... 6 Space tabulations, including a space-by-comparison of the project program. "q - Structural desio_n. 4.2.5.8 Heating, ventilating and air conditioning systems design, ~*-"- including fixtures and equipment schedule. 4._._',.9Electrical system design, including fixture and equipment schedules. 4 ..... 10 Security and communication systems design, including fixture and equipment schedules 4 ..... 11 Energy analysis report. 4.2.5.12 Vertical and horizontal circulation plans. 4.2.5.13 Interior finishes: 4.2.5.13.1 Design and present to the Owner at least two (2) color and finish scheme boards, no greater than 4' x 4' nor smaller than 2' x 3', including interior colored elevations of the prototypical generic spaces; 4.2.5.13.2 Select floor finishes, wall finishes, and ceiling finishes for approval by the Owner: ~._ !/,~ ~_~ J U N 0 8 1999 -5- 4.2.5.13.3 From the selected finishes noted above, produce and provide the necessary specifications for inclusion in the Contract Documents. 4.2.5.14 Exterior finishes. 4.2.5.14.1 Design and present to the owner at least two (2) Color and finish scheme boards, no greater than 4'x 4' nor smaller than 2'x 3', including exterior colored elevations of the prototypical exterior area. 4.2.5.14.2 Select ``vail finishes for approval by the Ov,'ner. 4.2.5.14.3 From the selected finishes noted above, produce and Provide the necessary specifications for inclusion in Contract Documents. 4.2.5.15 Graphic design plans for space identification. 4._.>.16 Furnishing layouts for prototypical generic spaces. 4.2.6 The Design Professional shall make formal presentations dunng this phase to the Director of Facilities. or desiznate, and the Collier Count,,, Board of Commissioners. if required. The Design Professional shall conduct at least one formal presentation at completion of this phase to demonstrate how the Owner's previously submitted comments ',','ere incorporated into the D,_sl_n Documents. 4.2.",,The D,_sl_n':' '~ Professional shall submit the Design Development documents to the Owner for Owner's reviexv. The Design Professional shall revise the Design Development documents as required by the Owner in order to obtain the Owner's written authorization to proceed to the Construction Documents Phase. 5. Construction Documents Phase: 5.1 After Owner's review of the Design Development documents and issuance of Owner's written authorization to proceed, the Design Professional shall commence the Construction Documents Phase services. 5.2 During the Construction Documents Phase, Design Professional shall provide the following services: J U N 0 8 1999 // .... 5.2.1 Prepare final calculations, Construction Documents and specifications setting forth in detail each discipline's requirements into a cohesive whole based upon the approved Design Development documents and consultations with the Construction Manager. 5.2.2 Complete the Project manual including conditions of the contract, bidding documents, specifications (including Division 1, General Requirements) and all other Contract documents for each subcontract trade to be bid by the Construction Manager. 3._.o Consult with and assist the Construction Manager, with respect to the ,.0.o ' . Construction Man,er s development of a final Proiect schedule and Guaranteed Maximum Price for the Project construction costs. 5.2.4 Assist the Construction Manager in preparing and filing all applications, data and documents required to obtain the approval of all authorities having jurisdiction over the Project. This shall be accomplished at the appropriate time. but not later than the ninety percent/90Cc) completion point of this phase. To insure the timely approval of all permits necessary for the construction of the Project, including all environmental permits, the Design Professionals shall assist the Construction Manager in scheduling the necessar,,' contracts and liaison with all authorities having permit jurisdiction over the Project. and shall furnish, on a timely basis, such plans, data and information as ma>' be necessary to secure approval of the required permits. The Design Professional shall, at no additional cost to Owner. make all reasonable and necessary construction plan revisions required to obtain the necessary permit appro;'als for construction of the Project. 5.2.5 The Desio_n Professional shall submit the Construction Documents to the Owner for Owner's review. The Design Professional shall revise the Construction Documents as required by the Owner in order to obtain the Owner's xvntten authorization to proceed to the Bidding Phase. 6. Bidding Phase 6.1 After Owner's review of the Construction Documents, Design Professional's acceptance of and agreement with the Construction Manager's Guaranteed Maximum Price. and upon issuance by Owner of a written authorization to proceed, the Design Professional shall commence the Bidding Phase Services. .-... 6.2 During the Bidding Phase. Design Professional shall provide the following services: m,. I JUN 0 8 1999 -7- { 6.2. I Assist the Construction Manager with respect to the preparation of the necessary bidding information, bidding forms and other bidding documents to be utilized in the bidding of the various trade subcontracts by the Construction Manager. 5 6.2.2 Provide the Construction Manager with four (4) complete sets of the Contract Documents and all other bidding documents prepared by the Design Professional and one (I) complete set of mylar sepias. In addition, the Design Professional shall pro`,'ide the Owner with two (2'~ complete sets of the Contract Documents and other bidding documents. With respect to the various sets of documents to be provided by the Design Professional hereunder, four (4) sets shall be signed, sealed, and dated. Additionally, an.',' required addenda shall be signed, sealed and dated. 6.2.3 Assist the Owner and Construction Manager in evaluating bids for each subcontract trade package, and in prepanng and a`,`,'arding subcontracts for each bid package. The Design Professional shall assist the Construction .'Manager in conducting pre-bid conferences and shall be responsible for developing and distributing any addenda to the Contract Documents that result from those conferences. 6.2.4 If the advertisement for the bids has not commenced ("Advertisement Date") within sixty (60) days after the Owner and Design Professional mutually agree ',vith the Construction Manager's Guaranteed Maximum Price ("Cost Date"). those estimates shall be adjusted to reflect any change in the general level of prices which ma,,' have occurred from the Cost Date to the Advertisement Date: provided,-however, that adjustment to the cost estimates will be made for the sole and exclusive purpose of determining the Design Professional's responsibilities under Paragraph I.I0 hereof with respect to revising and modifying Construction Documents and assisting in the rebidding of any portion of the work in the event all responsive and responsible bids exceed the estimates of construction costs. 6.2.5 The Design Professional shall prepare any required addenda to the Construction Documents. The Design Professional also shall provide any addenda during the Construction Phase in sufficient quantity to distribute to all necessary parties as determined by the Owner and Construction Manager. The Design Professional shall respond only to questions or requests for clarifications concerning the Construction Documents submitted by the Owner or Construction Manager. Any such questions or requests for clarification from bidders or subcontractors who have been awarded a bid package must be submitted through the Construction Manager. J UN 0 8 1999 7. Construction Phase 7.1 Upon the Owner's written authorization to proceed, the Design Professional shall commence the Construction Phase. 7.2 During the Construction Phase, Design Professional shall provide the following ser~'ices: 7.2.1 Processing, review, approval and distribution of shop drawings, product data. samples, substitutions and other submittals required by the Construction Documents, but only for the purpose of chec 'king for conformance with information given and the design concept expressed in the Contract Documents. Review of the Construction Manager'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 of systems, all of which remain the responsibility of the Construction Manager as required by the Contract Documents. The Desi~ Professional's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Design Professional. of any construction means, methods, techniques, sequences or procedures. The Design Professional's approval of a specific item shall not indicate '"-' approval of an assembly of which the item is a component. /.,._ Maintenance of a master file of all submittals made to Design Professional, with duplicates for Owner. 7.2.3 Construction Field Observation Services consisting of visits to the Project s~te as frequently as necessary, but not less than twice every week, to become 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 the Design Professional discovers portions of the Work which do not conform to the Construction Documents, the Design Professional. with written authorization of the Owner, shall have the authority and duty to reject such Work. Provide a written report of each visit. This field observation requirement shall apply to any subconsultant or subcontractors of Design Professional at appropriate construction points. 7.2.4 The Design Professional, as representative of the Owner during construction, shall advise and consult with the Owner. Through its on-site observations of the Work in progress and field checks of materials and equipment, the Design Professional shall endeavor to provide protection , ---.. for the Owner against defects and deficiencies in the Work of the Construction Managi:r and the various trade subcontractors of the Construction Manager.-9- ]JP~._~' fl/"/)'~ U ~'~* ~ 7.2.5 Based on such observations at the site and on the Applications for Payment submitted by the Construction Manager, the Desig-n Professional shall determine the amount owing to the Construction Manager and shall prepare Certificate of Payment for such amounts. The issuance of Certificate of Payment shall constitute a representation by the Design Professional to the Owner that: (I) the Work has prog-ressed to the point indicated: (ii) that to the best of the Design Professional'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 Certificate of Payment: and (iii) the Construction Manager is entitled to payment in the amount certified. The Design Professional shall submit the Certificate of Payment to Owner within ten (10) calendar days after receipt of the Application for Payment from the Construction Manager. 7.2.6 The Design Professional shall review claims for extra compensation, or extensions of time from the Construction Manager, make recommendations to the Owner concerning validity, and prepare responses for the Owner. 7.2.7 The Design Professional shall be. in the first instance, the Interpreter of the requirements of the Construction Documents. The Desig-n Professional shall render opinions on all claims of the Construction Manager relating to the execution and progress of the Work and on all other matters or questions related thereto. The Design Professional'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. The Design Professional shall review for comment or approval an,,' and all proposal requests, supplemental drav,'ings and information, substitutions and change orders. The Design Professional shall be compensated as an Additional Service for evaluation of alternatives subsequent to bid award. 7.2.8 Prepare. reproduce and distribute supplemental drawings, specifications and interpretations in response to requests for clarification by the Construction Manger or the Owner as required by construction exigencies. The Design Professional shall endeavor to respond to any such request must be received by the Owner and the Construction Manager within twenty-four (24) hours of the request, or the next available working day when the request is made prior to a weekend or holiday. Design Professional will review and respond to all submittals from the Construction Manager, including but not limited to shop drawings, within a reasonable period of time so as not to delay the progress of the Work, - ~ ITEM ~. 16,o '~ ,JUN 0 8.!999 -10- pg._ ~ ?~---, but in no event, more than ten (10) business days, unless Owner expressly agrees otherwise in writing. 7.2.9 Subject to Owner's prior written approval, the Design Processional shall have authority to reject Work which does not conform to the Construction Documents. Whenever, in its reasonable opinion, Design Professional considers it necessary or advisable to insure the proper implementation or the intent of the Construction Documents, subject to Owner's prior written approval, Design Professional will have authority to require special inspection or testing of any work in accordance v¥'ith the provisions of the Construction Documents whether or not such Work be then fabricated, installed or completed. 7.2.10 The Design Professional shall review, comment upon and approve or disapprove ali Change Orders, as well as any cost estimate associated with a Change Order request, prepared by the Construction Manager. All Change Orders must be submitted to the Owner for review and approval before any work covered by such Change Order can begin. ~._. i 1 The Design Professional shall review the Project schedule updates, trade subcontractor construction schedules(s), schedule(s) of shop drawing submittals and schedule(s) o~' values prepared by the Construction Manager and consult with the Owner concerning their acceptability. 7.2.12 The Design Professional shall attend meetings with the Construction Manager. such as preconstruction conferences, progress meetings, job conferences and other Project-related meetings, and prepare and circulate copies of minutes thereof. ;'.2.13 Receive notice from the Construction Manager if other work related to the Project by Oxvners own forces, by utility' owners, or by other direct contracts will involve additional expense to Construction Manager or require additional time and advise Owner. 7.2.14 Deleted. 7.2.15 Deleted. 7.2.16 Deleted. 7.2.17 Receive notice from Construction manager after the occurrence of an emergency and determine whether a change in the Contract Documents in the form of a Change Order is required because of the action taken in response to the emergency. , ~.-.-. 7.2.18 Review and approve Construction Manager's quality control program. JUN 0 8 1999 7.2.19 Deleted. 7.2.20 Upon notice from the Construction Manager, and with the assistance of the Owner, conduct the substantial completion inspections. Review and comment upon, and supplement as appropriate, the punch lists to be prepared by the Construction Manager. Notify Construction Manager in writing of work not complete. Issue Certificate of Substantial Completion when appropriate. 7.2.21 Upon notice from the Construction Manager. conduct final inspections and assist Owner in final acceptance of Project. 7.2.22 Evaluate all testing results and make recommendations to the Owner. 7.2.23 Assist Construction Manager in the establishment bF' the Owner of programs of operation and maintenance of the physical plant and equipment. 7.2.24 Assist Construction Manager in arranging for and coordinating instructions on operations and maintenance of equipment in conjunction with manufacturer's representatives. 7.2.25 Assist Construction Manager in preparing an operation and maintenance manual for the Owner's use. 6 Visit the facility' at initial occupancy and at three (3) month, six (6) month and one (1) 3ear after issuance of the Certificate of Substantial Completion. During each facility visit the Design Professional shall observe, troubleshoot and assist in the operation of building systems. This shall not relieve the Design Professional of its obligation to make other visits to the facility based on need should specific issues arise. 7 .... 7 Assist the Owner and Construction Manger in the training of the facility operation and maintenance personnel in proper operations, schedules, procedures and maintenance inventory schedule. 7.2.28 The Desi~ Professional will provide the Construction Manager and Owner each with one (1) electronic copy of the Construction Documents, based upon an Auto CADD File version which is compatible with Owner's system, so as to permit the Construction Manager to make the necessary changes to those documents to reflect the as-built situation. Throughout the Construction Phase, the Design Professional is to review the Construction Manger's marked up drawings on a regular basis, at least monthly. ~NDA IT£H J U N 0 8 1999 7.2.29 Transmit drawings and general data, appropriately identified, to the Owner and others as directed. 7.2.30 Consult with and recommend solutions to, the Owner during the duration of warranties in connection with inadequate performance of equipment, materials or systems under warranty. 7.2.31 Submit a facility and equipment review schedule to the 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 the Owner. 7.2.32 Document noted defects or deficiencies and assist the Owner in preparing instructions to the Construction Manager for correction of noted defects. 7.3 All contacts and/or communications between the Design Professional and the Constraction Manager shall be coordinated with the knowledge of the Owner. All contacts and/or communications betv,'een the Design Professional and the various trade subcontractors shall be routed through the Construction Manager. "-" 8. Services Relating to All Phases: S. 1 The Design Professional shall investigate and confirm in writing to the Owner, to the best of the Design Professional's knowledge, conformance of the plans and specifications with all applicable local public and utility regulations. S.2 The Design Professional shall furnish check prints for every Project phase including five (5) sets at Project phase completion. The Design Professional shall furnish to Owner one (I) set of mylar sepias at the completion of each phase. The set of mylar sepias to be provided to the Owner at 100% Construction Documents shall be fully conformed to incorporate all addenda issued prior to bidding. 8.3 At all phases of design, the Design Professional's design documents must be consistent with Owner's program unless expressly authorized otherwise in writing by Owner. 8.4 The Design Professional shall submit to the Owner design notes and computations to document the design conclusions reached dunng the development of the Construction Documents. ,,.., 8.4.1 Five (5) copies of the design notes and computations shall be submitted to ' the Owner with the Design Development documents. When the plans are submitted for final review, the design notes and computations corrected , I A~a,E NOA ITEM / ! dUN081ggg -13- / Pg. /~ for any Owner comments shall be resubmitted. At the Project completion, a final set of the design notes and computations, properly certified by the Design Professional, shall be submitted with the record set of plans and tracings. 8.4.2 The design notes and calculations shall include, but not be limited to, the following data: 8.4.2.1 Design criteria used for the Project; 8.4.2.2 Lighting calculations: 8.4.2.3 Structural calculations: 8.4.2.4 Drainage calculations: 8.4.2.5 Deleted; 8.4.2.6 HVAC calculations: 8.4.2.7 Security and co.'r~'nunications calculations; 8.4.2.8 Calculations as reauired by provisions of the Florida Energy Conse~,ation .Manual (Department of General Services), latest revision; 8.4.2.9 Calculations shoxving probable cost comparisons of various alternatives considered. 8.4.2.10 Documentation ofde:.isions reached resulting from meetings, telephone conversations or site visits; and 8.4.2.11 Other Project related correspondence as appropriate. 8.5 All drawing documents for the Project shall be accurate, legible, complete in design, suitable for bidding purposes and drawn to scales acceptable to the Owner. The completed drawing documents shall be furnished on reproducible material and in a format which is acceptable to the Owner. 8.6 During the various design phases, the Construction Manager will be developing various schedules and other documents. The Design Professional will participate in this process as follows: 8.6.1 Receive for review the Construction Manager's Master Project Schedule, and after consultatioia with Owner, provide the Construction Manager a written list of corrections needed for schedule approval. J UN 0 8 1999 -14- pg.__/__~ 8.6.2 Jointly develop with Construction Manager and Owner the Occupancy Schedule. 8.6.3 Coordinate Construction Manager's development of the Policy and Procedure Manual. 8.6.4 Consult with Construction Manager concerning long lead procurement items. 8.7 At the rime this Agreement is executed, the Design Professional has reviewed the form of contract to be entered into betv,,een Owner and Construction Manager. In addition to all other Basic Services to be prox'ided by Design Professional h ..... ,,.,~r, Design Professional agrees that any other services noted within the contract between the Owner and Construction Manager to be provided by Design Professional are hereby' incorporated by reference into the Basic Services to be provided by Design Professional hereunder. Any changes to the form of contract bet\veer, Owner and Construction Manager from that reviewed by the Design Professional. which would increase the scope of Basic Services otherwise req~:ire3 of the Design Professional, must be approved by the Design Professional before such additional sen'ices will be included within the Basic Services of this Agreement. 8.8 The Owner in no way obligates itself to check the Design Professional's work and further is not responsible for maintaining the Design Schedule. 8.9 Oxvne.-'s approval or acceptance of any service in an.v phase does not relieve the Des:??. Professional of any of its duties, obligations or responsibilities under this .-k=r ...... cit. 8.10 Desi_~. Professional's attendance at any partnering sessions with the Construction Manager is mandatory and included within Basic Serx'ices. 8.11 Deleted. &~ ITEM J U N 0 8 1999 SCHEDULE B BASIS OF COMPENSATION 1. Progress Reports: 1.1 Subsequent to receipt of the "NOTICE TO PROCEED", and prior to submittal of the first invoice of fees earned, the Design Professional shall submit for the Owner's approval a detailed schedule, showing the various work items comprising the total work effort estimated to be required for the completion of the BASIC SERVICES provided for in this Agreement. including permitting, the weight of each work item to be in proportion to the total work effort, and the portion of the total BASIC FEE assigned to each work item. 1.2 The Design Professional shall submit to the Oxvner. not later than the tenth (10th) day of each month, a progress report reflecting the PROJECT design status, in terms of the total ~ork effort estimated to be required for the completion of the BASIC SERVICES. as of the last da3, of the preceding month. The report shall show all v, ork items, the percentage complete of each item, the percentage of total ~a. ork effort represented by each item, and the percentage of total work effort completed. 1.3 .All progress reports and invoices shall be mailed to the attention of the Owner's Project Coordinator. (Address 2. Compensation to the Design Professional: 2.1.A Buildin__. J New .Addition Basic Fee 2. I.A. 1 A Lump Sum Fee of: (see Additional Basic Services) For the Project Programming 2.1.A.2 A Lump Sum Fee of: 5.5.500 For the Schematic Design Phase of the Project 2.1.A.3 A Lump Sum Fee of: 74.000 For the Desi~ Development Phase of the Project 2.1.A.4 A Lump Sum Fee of: 166.500 For the Construction Documents Phase of the Project 2.1.A.5 A Lump Sum Fee of: 18.500 For the Bidding Phase of the Project 2.1.A.6 A Lump Sum Fee of: 55.500 For the Construction Phase services of the Project. This amount does not include fees for the 3-month, 6-month and 1-3'ear warranty inspections. A lump sum fee of $1.200 shall be due for the 3-month warranty inspection, $1.200 for the 6-month inspection and $1,200 for the 1-year ~varrantv inspection. 2.1.A.7 The fees noted in paragraph 2.1.A.2 through 2.1.A.6 shall constitute the total not to exceed amount of $370,000 to be paid to the Design Professional for the performance of the Basic Services. 2.1.B. ,Additional Basic Services 2.1.B.1 A Lump Sum Fee of: 48,000 For the Project Programming 2.1.B.2 A Lump Sum Fee of: 11.000 For the Land & Underground Surveying of the Project 2.1.B.3 A Lump Sum Fee of: 7.000 For the Geotechnical Engineering for the Project. 2.1.B.4 A Lump Sum Fee of: 5.500 For Landscape Architectural Design Within the project limits. 2.1.B.5 The fees noted in paragraph 2.1.B. 1 through 2.1,B.4 shall constitute the total not to exceed amount of $71,500 to be paid to the Design Professional for the performance of the Additional Basic Services for the Project. J U N 0 8 1999 2.1.C Campus Improvements Basic Fee 2.1.C.1 A Lump Sum Fee of: 17.823 For the Chiller Plant £valuation _.I.C._ A Lump Sum Fee of: 18.903 For the "A" Demolition Services 2.1.C.3 A Lump Sum Fee of: 16.274 For the Site Improvements including walks, paving, DRI and water management coordination 2.1.C.4 The fees noted in paragraph 2.1.C.1 through 2.1.C.3 shall constitute the total not to exceed amount of S__ .000, 2.2 For the Contingency Services provided for under Section 2.1 of the Agreement, the Owner agrees to pay the Design Professional. a negotiated fee based on the xvork to be performed, up to a maximum not to exceed amount of S TBD. 2.3 For the Additional Ser~'ices provided for under Section 2.2 of the AgTeement, the Oxvner agrees to pa.,,' the Design Professional a negotiated total fee based on the services to be provided. The negotiated fee shall be calculated using the rates specified in Schedule "G". The Overhead Muhiplier shah not exceed 1.0. 2.4 The compensation provided for under Sections 2.1 through 2.3 of this Schedule B. shall be the total and complete amount payable to the Desi~ Professional for the 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 incun'ed in the performance of all services. 3. Schedule of Payments: 3. I The Oxvner shall make monthly progress payments as required in Schedule B.0 to the Design Professional in accordance with the following terms: 3.1.1 The Design Professional shall submit, with each of the monthly progress reports provided for Under Section 1 above, an invoice for fees earned in the performance of Basic Services, contingency Services and Additional Services during the period covered by the progess report. The I fee earned, expressed as a percentage of total fee, shall correspond to the percentage of the total work effort completed as reflected by the progress report. 3.1.2 Should an invoice amount for fees earned in the performance of services, expressed as a percentage of the total fee, appear to exceed the percentage of total services be!ieved to be completed, the Owner may. prior to processing of the invoice for payment, require the Design Professional to submit satisfactorx' evidence to support the invoice. 3.1.3 Invoices not properly prepared (mathematical errors, billing not ret-lecting actual work done. no signature, etc.) shall be returned to the Desi~ Professional for correction. J U N I) 8 1999 -4- SCHEDULE C DESIGN SCHEDULE 1. Predesign and programming submittals shall be submitted to the Owner within 30 calendar days of the date Owner authorized Design Professional to commence work. 2. The Schematic Design Phase submittals shall be submitted to the Owner within 21 calendar days of the date Owner authorizes Design Professional to commence the Schematic Desic, n Phase services. 3. The Design Development Phase submittals shall be submitted to the Owner within 42 calendar days from the date Oxvner authorizes Design Professional to commence the Design Development Phase services. -1. The Construction Documents Phase submittals shall be submitted to the Owner ~t ithin 42 calendar days from the date Ox~ ne:- authorizes Design Professional to commence the Construction Document phase services. EXECUTIVE SUMMARY APPROVE LEASE FOR CABLE TV DARK-FIBER OPTIC CABLE FROM MEDIAONE. OBJECTIVE: Approve a 10-year lease with MediaOne for dark-fiber optic cable to connect the County Administration building to the Development Services Building. CONSIDERATION: On August 5, 1997, Item 12C6, the Board approved an Agreement for Cable Franchise with MediaOne to provide cable service to citizens of Collier County. This Agreement contained a provision for the purchase or lease of this cable. With the lease of this cable, it will give the County fiber optic connectivity that will provide a fast, reliable and inexpensive primary connection. This lease has been reviewed by the County Attorney's Office for legal sufficiency. FISCAL IMPACT: The annual cost of this lease is $2,400 annually for a total cost of $24,000 over the life of the lease. Funds are available in this fiscal year's Information Technology operating budget and will be included in subsequent Information Technology budgets. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: Staff recommends that the Board approve the lease for dark- fiber optic cable, and authorize the Chairwoman to sign the Agreement. SUBMITTED BY: ~ z~Z ~ Date: E. Michael Berrios, Communications Systems___Manager William Coakley, Information Technology Directol REVIEWED BY: ~~ ~'~::gF, ' ""~'~ Stephen Y~. Camell, Purchasing/General Services Director APPROVED BY: Le° Ochs, Sup~0~ Services Administrmor I I- ~. /&~9~ DARK-FIBER LEASE AGREEMENT BETWEEN MEDIAONE AND COLLIER COUNTY This Agreement is entered into this ~ day of May, 1999 by and between MediaOne Enterprises, Inc., a Rhode Island corporation ("MediaOne"), and Collier County, a political subdivision of the State of Florida. 1. Pursuant to Section 13.1 of the Franchise Agreement dated July 29, 1997, between MediaOne and Collier County, Collier County has requested a proposal from MediaOne for lease of 2 single-mode fibers (the "Fiber") for the inter-connection of the Collier County Government Building (3301 East Tamiami Trail, Building F, Naples, Florida) and the Collier County Development Services (2800 North Horseshoe Drive, Naples, Florida) (collectively referred to as the "Buildings"). Under the terms of the lease, MediaOne shall be responsible only for termination of the Fibers to each Building and maintenance of the Fibers throughout the term of the lease contract. Collier County shall be responsible for the placement of other facilities and electronics for the activation of the Fiber. 2. Dark Fiber Lease- Usage. Collier County shall have the fight to use the Fiber for the internal, non-commercial transmission and receipt of data communication signals and voice signals only. Under no circumstances may Collier County use the Fiber for any purposes other than those specifically set forth herein and shall not, directly or indirectly, engage in, permit, or allow such channels to be used (by way of iljustration only, and not limitation) for any commercial purposes whatsoever. Collier County shall not lease, sublease, permit, or allow the Fiber to be used by any third persons or entities without first seeking and obtaining the prior written consent of MediaOne. 3. Term of Lease. A. Initial Term of Lease. The initial term of this lease shall be for a period of ten (10) years, beginning on the date upon which documentation is presented to Collier County and signed by a representative to activate this agreement. B. Option for Additional Lease Terms. Provided Collier County is not in default of any obligations hereunder or under the terms of the Franchise Agreement, and MediaOne does not provide written notice of termination as hereina/ter provided, Collier County is granted conditional option(s) to extend the lease for additional terms of one (1) year each (i.e., 12 consecutive month periods) beginning immediately upon the expiration of the initial term of this lease. Subject further to MediaOne's having lawful rights and authority to continue operating the dark fiber connection after the expiration of the initial term, the option for the additional lease terms may be exercised by Collier County by providing written notice to MediaOne of its intent to exercise the option at any time during the last ninety (90) days of the initial lease term, and during the last ninety (90) days of each additional term thereafter, for so long as MediaOne operates as a franchisee with the right to operate or otherwise lawfully provide services in and/or for Collier County. 4. Base Lease Charges. Collier County shall pay to MediaOne monthly lease charges as specified herein, in advance, on the first day of each calendar month during and throughout the term(s) of this lease. First payment is due on the first day of the month after signature from both parties. During the initial term of this lease, the base lease charge will be the sum of Two-Hundred Dollars ($200.00) per month. The parties will re-negotiate the rent for any additional terms at the time the option to extend is exercised. 5. Ownership of Equipment - Maintenance Obligations - No Alterations or Attachments - Replacement of Equipment. Collier County has determined its own equipment needs without advice or consent from MediaOne and shall be solely responsible for the activation of the Fiber. 6. R..epresentations and Warranties. A. Mutual Representations. Each of the parties, MediaOne and Collier County, hereby represents and warrants to the other that each has the right to enter into this Lease Agreement and that each has obtained, and/or will obtain, all necessary authorizations, licenses, and/or other applicable and/or appropriate clearances necessary for the lawful performance of and by each party under this Agreement. Performance by each party under the terms of this Agreement shall not violate or infringe upon known rights or interests of any type, kind and/or nature whatsoever, of any person, firm, corporation and/or other entity. B. By Collier County. All data communication signals transmitted over the Fiber leased hereunder and any related activities will be under the strict control of Collier County and shall be used solely for the purposes hereinbefore specified. Collier County shall comply with all applicable present and future federal, state and local laws, rules and regulations, including decisions and orders of the Federal Communications Commission. C. By MediaOne. All Fiber provided by MediaOne will meet current industry standards for such cabling requirements. MediaOne's repairs and maintenance responsibility are limited to fiber performance up to fiber termination points. 3 J U N ,0,,8 1999 7. Restoration: Collier County recognizes that this is a dark-fiber lease and, as such, MediaOne will have no control of or awareness of the status of any transmission by Collier County over the leased facilities. MediaOne will respond within 12 hours from notification by Collier County that the leased facilities have failed. Collier County will notify MediaOne at the following phone number: (941) 793-9642. 8. Fiber Location: The attached diagram is a general representation of the routing. MediaOne at its sole discretion will determine the actual physical routing of the Fiber to connect the Buildings. 9. Private Easements: Collier County grants MediaOne 'all rights relative to the property necessary to install the Fiber. Collier County agrees to execute such documents, instruments and/or writings as are reasonably necessary to lawfully vest, memorialize and provide notice as to the grant of rights to MediaOne. Collier County shall provide MediaOne, without charge, necessary access, space and power to enable MediaOne to install the Fiber. Collier County will provide personnel to MediaOne to facilitate necessary access to any property. 10. Rights on Termination: Upon termination of this agreement for any reason, MediaOne shall have the right to remove all or any part of the Fiber which MediaOne determines to remove. MediaOne shall provide three (3) days notice prior to removal of the Fiber and Collier County agrees to grant MediaOne reasonable access to all property when requested and shall otherwise assist MediaOne in facilitating the removal of said Fiber. 11. Warranty disclaimer by MediaOne. Except as expressly provided in subsection 6.C. above, no representations or warranties of any kind, express or implied, are made by MediaOne with respect to the data transmissions, the quality of the data transmi~ed over the 4 I JUN 0 Fiber, the interface technology, interface capability and/or lack thereofi the transmission signals over the Fiber. 12. Limitation of Liability: In the event that the Fiber fails solely as a result of the negligence of MediaOne, and MediaOne fails to repair or restore the leased fiber in accordance with Section 7 of this agreement, MediaOne shall be limited to repayment of an allocated portion of the monthly lease charge imposed under section 4 on a pro-rate basis for that portion of the Fiber which was rendered unusable. Except as expressly provided in this section, MediaOne shall not be liable for any claim, loss, expense or damage of any kind or nature, nor shall there be any claim made or judgment sought or entered against MediaOne for any monetary damages or financial losses based upon any theory, nor any consequential, incidental, special, financial, economic, monetary direct or indirect losses or damages, including loss of use and loss of profit. 13. Indemnification. A. MediaOne shall at all times fully indemnify, protect, save, defend, and hold harmless Collier County from and against any and all claims, demands, damages, liabilities, actions, suits, proceedings, costs, fines, penalties, sanctions and expenses, including reasonable attorneys fees arising out of and/or otherwise relating to a breach by MediaOne of its warranties or agreements made herein. 14. Default - Remedies. In the event (a) Collier County defaults in the payment of any monies due to MediaOne hereunder, and/or (b) Collier County breaches any term, provision and/or condition of this agreement and/or fails to perform any obligations hereunder, then, in any such event, MediaOne shall have the right to immediately terminate this agreement, and to J U N 0 8 1999 collect any and all monies due and owing by Collier County through the date of termination, together with an amount of money sufficient to reimburse and/or pay for all MediaOne's costs, expenses, and reasonable attorneys fees relative to the breach by Collier County, including, but not limited to, the collection of outstanding revenues from Collier County. Upon a termination of this agreement, MediaOne shall have the immediate right to discontinue availability of the Fiber, to disconnect any or all of the equipment fi'om the Fiber Whether installed by Collier County or a Third Party, without liability to Collier County. 15. Governin.~ Law, Jurisdiction and Venue. This Agreement shall be governed, construed and interpreted in accordance with the laws of the State of Florida. 16. Assignment: Collier County shall not sublease, assign or transfer its obligations under this Agreement to any third party without the express written consent of MediaOne. MediaOne may assign this Agreement to a parent, subsidiary, or affilated entity upon notice to the County. 17. Waivers. One or more waivers by a party of a breach of any term, provision and/or condition of this Agreement by the other, shall neither constitute, nor be construed as a waiver by such party as to any subsequent or continuing breach of such term, condition and/or provision of this Agreement. The consent or approval of a party to and /or of any act of the other party requiring such consent and/or approval shall not be deemed a waiver, or render unnecessary consent to and/or approval of any subsequent and/or similar act or omission. 18. Entire A~eement. This agreement, together with any and all attachments, exhibits and/or schedules, constitutes the complete and entire agreement of the parties, superseding all previous and contemporaneous communications and negotiations, written or oral. This agreement JUN 0 8 1 99 · Pg. ~. shall prevail over any additional, different, and/or conflicting terms of any other documents, submitted by Collier County to MediaOne. Except as specifically provided herein, no modifications shall be binding on a party unless set forth in writing executed by the party against which enforcement is sought. 19. General: The parties shall be excused for any delays in performance required due to the occurrence or existence of a "Force Majeure." This Agreement may be modified and/or amended only pursuant to a writing executed by both parties. Notices required or permitted under the terms of this agreement shall be in writing and sent by United States first class mail, certified or registered mail, return receipt requested, to the following addresses: For MediaOne: Attn: VP/General Manager 301 Tower Road Naples, Florida 34113 For Collier County: Attn: Information Technology Department Administration Building, 5~ Floor 3301 Tamiami Trail East Naples, Florida 34112. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISISONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By: PAMELA S. MAC'KIE, Chairwoman Approved as to form and Legal sufficiency: ty Attorney' No. J U N 0 7 Pg.., MEDIA. ONE ENTERPRISES, INC. a Rhode Island corporation Assistant Secretary Dated: May 19, 1999 EXECUTIVE SUMMARY AUTHORIZATION TO TERMINATE A CONTRACT BETWEEN THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND SKY ASSET MANAGEMENT (RFP #95-2493 - COLLECTION AGENCY SERVICES) OBJECTIVE: To terminate a contract between the Collier County Board of County Commissioners and Sky Asset Management for failure to provide information and/or to provide it timely. CONSIDERATION: The Board of County Commissioners awarded RFP #96-2493 - Collection Agency Services to Nemo Industries, Inc. d/b/a Professional Adjustment of Fort Myers on 5/7/96. Subsequently, Professional Adjustment of Fort Myers sold their business to Mid Am Recovery. Staff was pleased with services provided by both firms. All criteria in the contract were met. Both companies had offices in Fort Myers and were readily available to staff. One of the criteria for selection of a collection agency in RFP #96-2493 was proximity to Collier County. Recently Mid Am Recovery sold out to Sky Asset Management, who is located in Clearwater, Florida. Staff has had problems in getting Sky Asset Management to respond to phone calls and requests. Sky Asset Management was also unable to provide end of year reports to meet Collier County's auditor's needs. Staff had to piece together five (5) separate reports in order to retrieve a report that would be acceptable to the auditors. Staff feels that Sky Asset Management is guilty of non-performance and recommends termination of the contract. FISCAL IMPACT: NA GROWTH MANAGEMENT IMPACT: NA RECOMMENDATION: Staff recommends the Board of County Commissioners terminate the contra/~h Sky Asset Management. Prepared by: ://~'~.;~'b;-?~ ~, ~'~---'""~ Date: ."- Teresa A. Riesen, Revenue Manager Department of Revenue ,~e_.rvices Reviewed by:---'~,*~.,--,z.-. ~ ~',~¢.' ~-~:~~\ Date: Joh~A. Yonkosky,~irector Depa'~:ment of-R~e~n~ice? Reviewed by: . ,,-V>' G~/f Date: Steve Ca,nell, Director Purchasing Depa~ment Reviewed by: ?-'--.' ~ ,'j. .,~ Date: LeoOchs, Jr., Administ~tor ' Suppo~ Se~ice~ Div~on A~A.~TEN J U N 0 8 1999 Pg. APPROVAL OF BUDGET AMENDMENTS BCC Agenda of 6/8/99 Emergency Medical Services (Fund 490) Budget Amendment #99-285 Other Contractual Services $7,500 Reserves Reserve for Contingencies (7,500) Total -O- Explanation: Funds are needed for a consultant's fee to perform an analysis of Department of Revenue's Ambulance Billing Department. Community Development (Fund 113) Budget Amendment #99-242 ~ Other Contractual Services $10,000 Reserves Reserve for Contingencies (10,000) Total -0- Explanation: Funds are needed to cover special consultant fees and regular ongoing contractual fees which have exceeded budgeted funds due to an extraordinary number of applications/petitions. These included payment for work done in preparing amendments to the Architectural Standards, and Sheriff's Office background checks conducted in association with Blasting Permits and other Engineering permits requiring a background check. AGENDA ITEI~ ...-.. No. J U N - 8 1999 Pg._ / PROCLAA~A T£ON WHEREAS, Commander Eugene L. ~4oore is to be commended for his service as Commander of the Department of Florida Zewish War Veterans of the Un/ted States of America for the past year; and, WHEREAS, Commander ~4oore has fdthfulIy served the the~Y effort~ toward comb~dn9 anti-Semitism in o~ it~ form$, uphoId~9 Americo~ democratic trodition$ ond fightin9 bigotrY, prejudice, inju~t~e and d~cn~inotion of o~ kind~; ~HEQEAS, Commander ~oore has upheM the pride, tradition and honor of the ~ewi~h ~or V~teron$ of the United States of America for their serv~e to this country from CoIonio{ times to the present; and, ~HEREAS, Commander ~oore ho~ carried on the tradition of the ~ewi~h ~or Veteran~ of the United States of America through their hospital rehabi//tat&n and veterans' ~envice program~, and by maintoinJn9 Veterans' Service Offices in major citie~ throughout the count~. The ~ew/sh ~ar Veteran~ a/so proud/y support~ and rai~e~ funds for the I~rae/[ ~[/itory ~est and Rehab[litatbn Home in ~eer~heba, Israel a~ we// a~ su~florts the ~oy 5coot O~anization, ~rovidex summer camp ~cholarship~ for undenflnJvileged children, provide~ co//ege ~cho/or~h/p~ for ~romi~in~ ht~h ~choo[ $tudent~ and undertakes a number of civic betterment project~: and, ~HEREAS, Eugene L. ~oore, as bepantmen~'of F/orida Commanden fan the Jewish ~ar 7eteran~ of the United 5tate$ of Amer/ca for the past year, ha~ upheM the& proud tradition a~ the o[dm~ active veteran~' organizat~bn th America. NOW TMEQEFO~, be it proc/aimed by the ~oard of Coun~ Commixsioners of Co[/ien County, Florida, that it w/shes to extend congratu/attbns and appreciation for a dob we// done by Department of F/orida Commander Eugene L. ~oore for h& service to the Jewish ~ar Veteran~ of the United 5totes of America. DONE AND OQDEQED THIS 8th Day of ~une, 1999. BOARD OF COUNTY COLL.TER COUNTY, FLOR_TDA PAMELA $./~AC'K]:E, CHAT. P. WOI~AN A TTE5 T: D H/IGHT E BROCK. CLERK ^GENDA ITEM JUN 0 8 1999 PROCLA~4A TION WHEREAS, Auxiliary Pres/dent Sylvia Meyers is to be commended for her service os Commander of the Deportment of Florida Zewish ~Var Veterans of the United Stores of Americ~ for the po~t ~HER~AS, l~xilio~ Pre~dent ~eyer~ h~ faithfully ~erved the ~ewi~h ~r Veteron~ in their efforts toward combating anti-Semitism in oll its forms, upholdin9 Americo ~ democratic traditions and bigot~, prejudice, injustice and di~riminotion of o# kinds; and, WH~AS, Auxiliary President ~eyer~ has upheld the pride, tradition and honor of the Zewish War Veterans of the United 5mte~ of America foe their service to thi~ country from Colonial time$ to the pre~ent; ~n~ ~HEREA~, Auxilio~ Pres/dent ~eyers has carried on the tradition of the Zew/sh War Veteron~ of the United Stote~ of America through their hospital, rehabilitation and veteron$' ~ervice progrom$, and by mointoinin~ Veterans' ~ervice Offices in major dtie~ throughout the country. The ~ew/sh Wom"Vmt~ron~ o/~o proudly support~ and prowd~ ~o#ege scho/arsh/pKfo~ ~~'3~.schoo/ students and unde~ok~ a numbeC of~i~/b bq~e~ ~s: and, ¢':::: :: ;: . :~ ;'. ~;' '~;~-t-'' ;" '.'(~'" z ¢,~::¢. ,:::;f~ ~:~ ~i~:~:~;;.]~:. , ~or, has upheld their proud, trd~ition as the °l~:bctive veterans' Colfi~ COun~, 'Florida, : {ka J'~i~ :g~h es to app~Ciation for o job~ we// done by Oepa~?a~ b~F/orido Auxi/io~ PreS/dent SYMo ~yers for her. se~vice~?~k~ewish War Veterans of the UnitedSlat~O~n~.:'~¢~ :.::~: ~ '. :,~ ~ .~: · :. ::~. :; ~', ';::;:[~ ~:~' ,~::~ ~?:~. [:~ ?:~. %~::; ..~ :.:.. ..... PAMELA 5. NtACKZE, CHA~.RWOI~AN A TTES T: DW£GHT E BROCK, CLERK JUN 0 8 1999 Pg. EXECUTIVE SUMMARY APPROVE THE INTERLOCAL AGREEMENTS BETWEEN COLLIER COUNTY AND THE INDEPENDENT FIRE DISTRICTS FOR BASIC MEDICAL TRAINING FOR FIREFIGHTERS OBJECTIVE: That the Board approve the interlocal agreement that has been developed for non-licensed first responder fire departments in accordance with Florida Statute Chapter 401.35. CONSIDERATION: On July I, 1993, the State of Florida passed legislation, (Chapter 401.35 F.S.) which outlines all non licensed first responder agencies, must take all reasonable efforts to enter into a Memorandum of Understanding (MOU) with the licensed EMS Provider in order to coordinate emergency services at an emergency scene. With the execution of these interlocal agreements, the professional standards of basic patient care and equipment, quality assurance and documentation as defined by State of ~.-- Florida Bureau of Emergency Medical Services and the Collier County EMS Department as the licensed medical provider, will be achieved. The following fire departments have entered into Memorandum of Understanding: Ochopee Fire District, Isles of Capri Fire District, North Naples Fire District, Big Corkscrew Island Fire District, as well as the City of Naples Police and Emergency Services Department and City of Marco Island Fire Department. The Immokalee Fire District, Golden Gate Fire District and the East Naples Fire District have chosen not to enter into a Memorandum of Understanding. FISCAL IMPACT: The Memorandum of Understanding training program is funded by the participating Fire Districts with a program cost of $ 50,260. The allocation method for the MOU program was chosen by the Fire Districts in 1994. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: The Board of County Commissioners approve the Inter local agreements between Collier County and the North Naples Fire District, Big Corkscrew Island Fire District, City of Naples Police & Emergency Services Department and City of Marco Island Fire Department A(~ENDA ITEM JUN 0 S 1999 Pg., / ,,, /.lc~ge 7~ilera, Commander Collier County EMS Dept. /~iane~ Flagg, Chief -- Em~gency Services Dept. Michael A McNees, Assistant County Manager AGENDA ITEM JUN O 8 1999 ,Pg._ ~ " .... BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE JUNE 8, 1999 FOR BOARD ACTION: 1. Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 9708912MMA, 9804324MMA, 9805318MMA, 9806087MMA, 9811016MMA, 9804703MMA, 9900135MMA, 9708492MMA, 9811400MMA, 9805996MMA, 9805349MMA, 9307233MMA, 9805432MMA, 9900648MMA, 9802433MMA, 9805009MMA, 9709163MMA, 9802664MMA, 9807825MMA, 9703177MMA, 9707284MMA, 9709882MMA, 9806236MMA, 9708257MMA, 9705153MMA, 9801887MMA, 9807555MMA, 9807564MMA, 9801058MMA, 9704264MMA, 9802344MMA, 9707707MMA, 9708801MMA, 9708266MMA, 9301280M1, 9705181MMA 2. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: 3. 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: A. May 10- 14, 1999 B. May 17-21, 1999 4. Districts: A. Naples Heritage Community Development District - Minutes of August 24, 1998 meeting B. East Naples Fire Control and Rescue District - Public Facilities Report C. Heritage Greens Community Development District - Minutes of August 24, 1998 meeting D. Big Cypress Basin Board of the South Florida Water Management District - Minutes of April 1, 1999 5. Minutes: A. Collier County Airport Authority - Agenda of May 10, 1999 and minutes of April 12, 1999 meeting ,,..--. B. Code Enforcement Board - Minutes of March 25, 1999 me~ fi,~ ~£NI3~ f~/'r£M No. 0 8 1999 pg. / .~ C. Historical/Archaeological Preservation Board - Minutes of April 16, 1999 meeting and agenda of May 21, 1999 D. Environmental Advisory Council - Agenda of May 5, 1999 and minutes of April 7, 1999 meeting E. Golden Gate Estates Land Trust Committee - Minutes of February 22, 1999 meeting F. Library Advisory Board - Minutes of February 24, 1999 meeting G. Parks and Recreation Advisory Board - Agenda of April 28, 1999 and minutes of March 24, 1999 meeting H. Library Advisory Board - Minutes of March 24, 1999 meeting I. Pelican Bay MSTBU Advisory Committee - Agenda of May 5, 1999 and minutes of April 7, 1999 meeting J. Golden Gate Beautification Advisory Committee - Agenda of May 11, 1999 and minutes of April 13, 1999 meeting K. Lely Golf Estates Beautification Advisory Committee - Agenda of June 4, 1999 and minutes of April 9, 1999 meeting L. Collier County Planning Commission - Agenda of May 6, 1999 and minutes of April 1, 1999 and April 15, 1999 meetings M. Hispanic Affairs Advisory Board - Minutes of February 25, 1999 and March 25, 1999 meetings N. Immokalee Beautification Advisory Committee - Agenda of May 19, 1999 and minutes of April 21, 1999 meeting O. Immokalee Enterprise Zone Development Agency - Minutes of February 11, 1999 meeting P. Ochopee Fire Control District Advisory Committee - Minutes of January 11, 1999 and February 1, 1999 meetings Q. Radio Road Beautification Meeting - Minutes of April 12, 1999 meeting R. Public Vehicle Advisory Committee - Minutes of April 6, 1999 meeting S. Beach Renourishment/Maintenance Committee - Agenda of May 6. 1999 ~ AGENDA ITEM No ._ I J UN i] 8 1999 Pg. ~ T. Pathway Advisory Committee - Agenda of May 21, 1999 and minutes April 23, 1999 AGEND~TEM No. /~ JUN 08 1999 pg. ~ EXECUTIVE SUMMARY RECOMMENDATION THAT THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AMEND RESOLUTION 95-552, THE INVESTMENT POLICY TO P~COGNIZE CHANGES IN THE MARKET SINCE THE ADOPTION OF THE RESOLUTION AND TO RECOGNIZE THE DYNAMIC NATURE OF THE PORTFOLIO. OBJECTIVE: For the Board of County Commissioners to amend the aforementioned Resolution to reflect changes in the market and to recognize the dynamic nature of the portfolio. CONSIDEP~tTIONS: On September 26, 1995 the Board of County Commissioners adopted Resolution 95-552, a Resolution enacted pursuant to Collier County Ordinance 87-65 approving and adopting a Cash Management and Investment Policy. The Resolution presented at that time was prepared in concert between the Board's Financial Advisor at the time, Raymond James & Associates and the Office of the Clerk of the Circuit Court. The changes offered in that Resolution were primarily designed to ensure compliance with Florida Statutes 218.415 which was amended by the Florida Legislature during the 1995 session and to establish a policy which reflects the needs of this conm~unity in investing tax dollars. The requirements offered by the Legislature were primarily in response to the derivative issue and the impact on governmental entities. As required by the Investment Policy, the Clerk of the Circuit Court subjects the portfolio, along with the management of the portfolio to an independent review by an external auditor on an annual basis. This review serves as a primary internal control by assuring compliance with the policies and procedures outlined within the Investment Policy. This review was done in conjunction with the County's annual external audit by the firm of KPMG, LLP. The results of this review revealed the following comment from the auditors: "The County had exceeded maximum allowed investments for their bankers acceptances at September 30, 1998. We reviewed the policy noting that only 10 percent of total investments were allowed to be in banker's acceptance. At September 30, 1998, the County held 14 percent in their portfolio. We believe that the investment policy may need to be updated to meet the current needs of the County,. We believe the County could develop more reasonable percentages on the investing activity of the County." Source: Fiscal >'ear 1998 ComprehensiYe Annual Financial Report- Management Letter The nexus of this contrnent is derived from the fact that as of September 30, 1998 there was approximately $31,288,600 of the $245,100,300 total portfolio invested in banker's acceptance. This equates to approximately 14 percent of the total portfolio being invested in banker's acceptance. At the time the last banker's acceptance was purchased, as with any purchase, an analysis was performed to ensure we were within the composition parameters defined in the Investment Policy. Due to net decreases in the total portfolio between the time of purchase and September 30, 1998, the banker's acceptance sector of the portfolio exceeded the 10 percent maximum allowable percentage. Our position was that we were in strict compliance with the policy at the time of purchase and as of September 30, 1998, as it was not the intent of the policy to force the sell of certain sectors of the portfolio, at a loss, to measure the composition after the date of purchase. Although this was explained to the auditors, we agree with their recommendations that the policy needs to be updated to formally recognize the dynamic environment of the portfolio. Therefore, to allow the Clerk of the Circuit Court the flexibility to effectively, manjl~l~l~el~{~tne County' and to ensure the Investment Policy is indicative of the current marl~et, v~oqffer the following changes: ,,,, O 8 1999 · Page 2, line 9 - Remove the requirement that Prime Commercial Paper rated "A-1" and "P-1" also include a Letter of Credit. The domestic Prime Commercial Paper with a rating of "A- 1" and "P- 1" would include entities such as IBM, which based on their financial where-with-all, do not carry a Letter of Credit. The Prime Commercial Paper that maintains the required ratings and also maintains a Letter of Credit is primarily foreign entities such as PEMEX, a government owned corporation of Mexico. By removing the Letter of Credit requirement, we would have the opportunity to invest in short-term paper of healthy domestic corporations. · Page 2, line 26, line 54 - Extend the average life of Mortgage Securities from five years to seven years. Although we do not currently invest and do not plan to invest in Mortgage Securities, this change is recommended to reflect the current market. With current interest rates at extremely low levels, prepayments have slowed increasing the average life of these types of securities to beyond five years. · Page 2, Lines 50 and 51 - Extend the £mal maturities on Prime Commercial Paper and Bankers Acceptance from 120 days to 180 days. By extending the final maturities of these securities by sixty days we would be able to enhance return with minimum exposure. · Page 3, lines 17, 18, 19 - Add the verbiage to recognize the dynamic environment in which the portfolio exists. · Page 3, line 27 - Increase the Maximum Percent of the Portfolio that can be invested in U.S. Federal Instrumentalities. With the U.S. Government accelerating the payment of U.S. Agency instruments, it has become difficult to acquire Agencies, thereby dictating the need to look at the Instrumentalities. U.S. Federal Instrumentalities do not carry the full faith and credit of the U.S. Government. · The remaining recommended changes are purely designed to make the Investment Policy more user friendly and include page headings and page numbers. ,~-'- These recommended changes were discussed with the Board of County Commissioner's Financial Advisor, William R. Hough & Co. FISCAL IMPACT: Unknown at this time, however it is anticipated that certain of these changes would enhance return on the portfoho. GROWTH MANAGEMENT IMPACT: None known at this time. RECOMMENDATION: That the Board of County Commissioners amend County Resolution 95-552 to recognize the recommended changes outlined above. //James L. ~litchell, CIA, CFE, CBA Director of Finance and Accounting Approved By: i,~ ~ ~'~,~IJ94d /~, Date: ~ Cler~f the Circuit Cou~ AGENDA ITEM J 0 S lggg pg. ~ ! Collier County, Florida 2 Investment Policy $ SCOPE ? Investment policy applies to all financial assets under the direct control of the Board of County 8 Commissioners. ! 0 INVESTMENT OBJECTIVES 32 Primary Objectives: ]3 1. Preservation of capital and protection of investment principal. !.4 2. Maintain sufficient liquidity to meet reasonably anticipated operating and capital requirements. 15 3. Match assets to liabilities, to the extent possible. ].6 ].7 Secondary Objectives: ].8 1. Maximize return and preserve purchasing power as measured by a noted market index such as the ].9 Consumer Price Index. 20 2. Control risks and diversify investments through appropriate oversight and regular reporting. 2] 22 PERFORMANCE MEASURES 23 24 Objective is to exceed the annual yield of the Florida Local Government Surplus Trust Fund (SBA). 25 26 PRUDENCE AND ETHICAL STANDARDS: 27 2.8 Investments shall be made with judgment and care (under circumstances then prevailing) which persons of 29 prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, 30 but for investment, considering the probable safety of their capital as well as the probable income to be 3]. derived. The standard of prudence to be used by investment officials shall be the "prudent person" standard 32 and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance 33 with written procedures and the investment policy and exercising due diligence shall be relieved of personal 34 responsibility for an individual security's credit risk or market price changes, provided deviations from 35 expectations are reported in a timely fashion and appropriate action is taken to control adverse 3d developments. 3? 35 Officers and employees involved in the investment process shall refrain from personal business activity that 39 could conflict with proper execution of the investment program, or which could impair their ability to make 40 impartial investment decisions. Employees and investment officials shall disclose to the Chief Financial 4! Officer any material financial interests in financial institutions that conduct business within this jurisdiction 42 and they shall further disclose any material personal financial/investment positions that could be related to 43 the performance of the portfolio. Employees and officers shall subordinate their personal investment 44 transactions to those transactions made in the portfolio, particularly with regard to the time of purchase and 45 sales. Employees shall also disclose any gifts or entertainment received as a result of their employment in 46 regard to the investments of Collier County. 47 48 Bond swaps are appropriate when undertaken in conformity with the prudent person test and overall 49 portfolio objectives in order to (a) increase yield to maturity without affecting the asset liability match; (b) 50 reduce maturity while maintaining or increasing the yield to maturity or (c) increase portfolio quality without $ ]. affecting the asset liability match while maintaining or increasing the yield to maturity. 52 53 The County should not, however, have a policy against selling securities at a loss if undertaken in 54 connection with prudent portfolio management. - AGENDA ITEM 55 No, IJ~ :~ ~ 56 -- 0 8 1999 ! I Pg._ .~ , AUTHORIZED INVESTMENTS 3 1. Florida Local Government Surplus Trust Fund (SBA) 4 2. US Government Securities - Direct Obligations .5 3. US Federal Agencies - Backed by Full Faith and Credit of US Government 6 4. US Federal Instrumentalities - US Federal Agency Securities Not Backed by Full Faith and ? Credit of US Government, except for Student Loan Marketing Association 8 5. Certificates of Deposit - Collateralized with US Government Securities or Federal Agencies 9 6. Repurchase Agreements (As defined herein) ].0 7. Fixed Income Mutual Funds - Collateralized with US Government Securities or Federal ! ! Agencies ],2 8. Domestic Bankers Acceptances - Rated "AA" or higher, and inventory based ].3 9. Prime Commercial Paper - Rated "A-I" and "P-I".,_~,.~'~n~ ~u~,.~h°z"L'a~4 vlh" ~'3 --v~l ~'~l~'' ,--.~r'~t~'r4 "~/~".. · ~,'~'r ' "~' '~'hlnh~'r ]4 10. Tax-Exempt Obligations - Rated "AA" or higher and issued by state or local governments ]5 11. Now Account - Fully collateralized in accordance with Chapter 280 Florida Statutes, limited ]`6 to Depository Bank/Concentration Bank ]`8 Limitation on Variable Rate Securities - Acceptable only if the rate is a straight floating rate that is set in a ~9 direct as opposed to inverse, relationship to a single index. 20 2! Limitations on Mortgage Securities (CMOs) 22 23 1. Issued only by US Federal Agencies or US Federal Instrumentalities, 24 2. Pass the Federal Financial Investment Examination Council (FFIEC) test at time of 25 purchase, and 26 3. Have an average life or seven five (_7,~) years or less and have an absolute final maturity or '"' no more than fifteen (15) years at zero PSA. The term "zero PSA" means that all interest and principal payments are guaranteed to be made by the slated final maturity assuming no z~ prepayments. 30 ~ ! Specifically prohibited investments include, but are not limited to: 32 33 1. Interest only strips of mortgage backed securities 34 2. Leveraged bonds 35 3. Structured notes or financings other than mortgage securities that meet the provisions of 36 this investment policy (permit callable and step up coupons) 3? 4. Variable rate securities that set a rate based on an inverse relationship to an index 38 5. Variable rate debt that sets a rate based on more than a single index 39 40 MA TURITY AND LIQUIDITY REQUIREMENTS 41 42 The objective will be to match investment cash flow and maturity with known cash needs and anticipated 43 cash flow requirements (i.e., match assets to liabilities) to the extent possible. 44 45 Investment of funds shall have final maturities of not more than five (5) years, except for: 46 4? 1. SBA - No stated final maturity 48 2. Certificates of Deposit - 1 Year 49 3. Repurchase Agreement - 90 Days 50 4. Bankers Acceptance - 1820 Days 5 ! 5. Prime Commercial Paper - 1820 Days 52 6. Fixed Income Mutual Funds - No stated final maturity. However, underlying US Government '"" Securities and Federal Agencies have average maturity ~ f nn~ v~.~r 7. Mortgage Securities - Have an average life of seven fi ~--(7,9~~r II~,.~,~/~and h ave an .,.~ absolute final maturity of no more than fifteen (15) years ~t zel~SA./(J 56 J 0 1999 ! MA TURITY AND LIQUIDITY REQUIREMENTS (continued) 3 Utilization of Mortgage Securities: 4 5 1. Mortgage securities shall not be used to match liabilities that are reasonably definable as to 6 amount and disbursement date. ? 2. Mortgage securities should only be used to invest funds associated with reserves or 8 liabilities that are not associated with a specifically identified cash flow schedule. 9 3. Mortgage securities should be used to prudently enhance the return on the portfolio. ]0 ].! Exception for Refunding Bond Escrows - US Government Securities and Federal Agencies deposited into ].2 an escrow in connection with the refunding of a County bond issue can have a final maturity of more than 13 five years. ]4 ]5 PORTFOLIO COMPOSITION ]7 This policy reco,qnizes that the portfolio operates in a dynamic environment. Therefore, in the event the 18 maximum allowable percentaqes are exceeded due to cash flow demands within the portfolio after the date ]9 of the purchase of the security, this policy does not force the sell of the security prior to maturity. 20 2 ! Maximum 22 Investment Type % of Portfolio 23 1. Florida Local Government Surplus Trust 24 Fund (SBA)* 50% 2,5 2. US Government Securities 100% 26 3. US Federal Agencies** 100% 27 4. US Federal Instrumentalities** Z,~0% 2s 5. Certificates of Deposit 30% 29 6. Repurchase Agreements 20% 30 7. Fixed Income Mutual Funds 10% 3 ! 8. Domestic Bankers Acceptance 10% 32 9. Prime Commercial Paper 10% 33 10. Tax-Exempt Obligations 10% * Does not include bond proceeds invested in construction funds established under a bond resolution. 37 Funds in the NOW ACCOUNT will not be considered a part of the portfolio for purposes of this section. 35 39 ** Limitations on Mortgage Securities - Limited to 25% of the total portfolio. 40 4 ! RISK AND DIVERSIFICATION 42 43 Collier County will diversify its investments by security type, specific maturity, dealer or bank through which ' 44 financial instruments are bought or sold. Subject to the limitations under Portfolio Composition, the following 45 are the limits on individual issuers or dealer or bank: 46 47 · No limitations on SBA, Now Account, US Government Securities, US Federal Agencies or US 48 Federal Instrumentalities. 49 ° Limitations on other investments are 10% of total portfolio. 50 5 ! AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS 52 .53 The Chief Financial Officer will maintain a list of the financial institutions authorized to provide investment 54 services. These shall include "primary" dealers and regional dealers th~ t (1) ,A~Dc~tqffrEr~gcuriti ;s & 55 Exchange Commission Rule 15C3 (Uniform Net Capital Rule), (2) have cap tal o~R~.least $50.000,000 J U2 0 8 1999 AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS (continued) 3 (3) have an institutional sales office and an institutional sales professional domiciled in Florida. No public 4 deposit shall be made except in a qualified public depository as established by state laws. .5 6 All financial institutions and broker/dealers who desire to become qualified bidders for investment 7 transactions must supply the Chief Financial Officer with the follOwing: 9 1. audited financial statements, !0 2. certification that no material adverse events have occurred since the issue of their most ! ! recent financial statements, ].2 3. proof of National Association of Securities Dealers, the registration (where applicable) or !3 other securities registration, !4 4. proof of state registration, when required, ]5 5. certification of having read and agreeing to abide by the Investment Policy and depository ].6 contracts in place in Collier County, and ].7 6. a copy of the firm's established internal oversight and review guidelines controlling business !8 with governmental entities. !9 20 Each financial institution and broker/dealer must also agree to notify the Chief Financial Officer in the event 2! of material adverse events affecting their capital adequacy. Each institution and broker/dealer shall provide 22 their written mark up schedule and guidelines to the Chief Financial Officer. Each institution and 23 broker/dealer shall disclose to the Chief Financial Officer any proposed trade that would exceed the 24 guidelines prior to executing the trade. 25 2...~6. The Chief Financial Officer shall do a background check on each broker with whom the County does business which shall, at a minimum, consist of contacting the State or NASD for regulatory & disciplinary dates which are maintained on brokers. 29 30 An annual review of the financial condition and registration of qualified bidders will be conducted by the 3] Chief Financial Officer. A current audited financial statement is required to be on file for each financial 32 institution and broker/dealer authorized to provide investment services. Criteria for addition to or deletion 33 from the lists will be based on the following: (1) state law, Board of County Commissioners Ordinance Code, 34 or Investment Policy requirements where applicable, (2) perceived financial difficulties, (3) consistent lack of 35 competitiveness, (4) lack or experience or familiarity of the account representative in providing service to 36 large institutional accounts, (5) request of the institution or broker/dealer, and (6) when deemed in the best 37 interest of the Board of County Commissioners. 39 If there are at least 10 trades executed in a single year through other than a competitive bid process, no 40 more than 30% of the total dollar amount of sales and trades executed through other than a competitive bid 4! process can be conducted with a single dealer. 42 43 THIRD-PARTY CUSTODIAL AGREEMENTS 44 4.5 All security transactions, including collateral for repurchase agreements, entered into by Collier County shall 46 be conducted on a delivery-versus-payment (DVP) basis. 4? 48 All securities shall be properly designated as an asset of the Board or County Commissioners. Securities 49 will be held by a third party custodian authorized by the Chief Financial Officer and evidenced by .50 safekeeping receipts or advice of the transaction. The third party custodian shall be a third party custodian 51 bank or other third party custodial institution with certified fiduciary powers, chartered by the United Stares 52 Government or the State of Florida and have combined capital and surplus of at least "'"' $100,000,000. ~5 The Chief Financial Officer will execute third party custodial agreement~ app~(~fgN~A,hleTBl~rd of County 56 Commissioners with the banks and depository institutions. Such agreen~ent ,~,inrt_h ~t'l~ I~ff~_r~ r~f au ~ority JUN 0 8 1999 pg. ~- ~ ! THIRD-PARTY CUSTODIAL AGREEMENTS (continued) 2 3 from the Chief Financial Officer with details as to responsibilities of each party, notification of security 4 purchases, sales, delivery, repurchase agreements and wire transfers, safekeeping and transaction costs, 5 procedures in case of wire failure or other unforeseen mishaps including liability of each party. 6 7 MASTER REPURCHASE AGREEMENTS $ 9 1. Each firm involved in a repurchase agreement must execute the County's Master ]0 Repurchase Agreement which will be based on the Public Securities Association (PSA) ! ! Master Repurchase Agreement. ]2 2. A third party custodian shall hold collateral for all repurchase agreements with a term of ]3 more than one business day. ]4 3. Collateral requirements will be based on economic and financial conditions existing at the ! 5 time of execution, as well as the credit risk of the institution which enters into the repurchase !6 agreement with the County. The market value of the collateral shall not be less than the 17 following: iS ] 9 Maturity of US Government US Federal Agencies Mortgage Backed 20 Securities Securities and Instrumentalities* Securities 2! 22 Under 1 Year 101% 102% 103% 2.3 1 to 5 Years 102% 103% 104% 24 Over 5 Years 103% 104% 105% 25 26 *Excluding mortgage backed securities. 27 25 4. Collateral shall be marked to market at least weekly. 29 5. Substitution of collateral is permitted. 30 31 BID REQUIREMENT 32 33 The Chief Financial Officer shall utilize the competitive bid process to sell and purchase securities, subject 34 only to the exceptions noted in the Investment Policy. After the Chief Financial Officer has determined the 35 approximate maturity date based on cash flow needs and market conditions and has analyzed and selected 36 one or more optimal types of investment, a minimum of three (3) banks or dealers must be contacted to ask 37 for offerings of securities that fit the investment criteria. Documentation must be collected to insure that the 35 securities meet Investment Policy guidelines and that price levels executed are consistent with market levels 39 at the time. When selling securities, a minimum of three (3) dealer bids will be sought. Documentation of all 40 transactions must be maintained. 4! 42 Examples of when the competitively bid process can be passed, include: 43 44 1. When time constraints due to unusual circumstances preclude the use of the competitive 45 bidding process. 46 2. When no active market exists for the issue being traded due to the age or depth of the 47 issue, (On a "work-out" basis). 48 3. When a security is unique to a single dealer, for example a private placement. 49 4. When the transaction involved new issues or issues on the "when issued" market. 50 5 ! If the maturing investment is a certificate of deposit, one of the contacts made shall be the present holder of 52 the funds subject to portfolio diversification requirements in the Investment Policy. Due to the cost of 53 safekeeping, one business day repurchase agreements less than $1,000,000, and the overnight sweep 54 repurchase agreement associated with the Now Account will not be bid. 55 AGENDA ITEM 56 The Depository Bank/Concentration Bank shall be selected through a ;oml~t.i_ve process orca ~riodic 57 basis that takes into account the quality and scope of service. ~r _-%-- \ J .0 1999 pg ._ '/"-q _ INTERNAL CONTROLS 4 The Chief Financial Officer shall establish and monitor a set of written internal controls designed to protect 5 the County's financial assets and ensure proper accounting and reporting of the transactions. The Chief 6 Financial Officer shall establish an annual process of independent review by an external auditor which will ? serve as an internal control by assuring compliance with policies and procedures. 8 9 Internal controls will encompass at a minimum the following issues: ]0 ! ! 1. transfers of all funds (purchases, sales, etc.), ]2 2. separation of functions including transaction authority from accounting and record-keeping, ].3 3. custodial safekeeping, ].4 4. avoidance of delivery of bearer-form or non-wireable securities, ].5 5. delegation of authority to subordinate staff members, !d 6. written confirmation of telephone transactions, !7 7. supervisory control of employee actions, !8 8. identification and minimization of authorized investment officials, !9 9. documentation of decisions and transactions, and 20 10. documentation of complete description of mortgage securities purchased and yield tables at 2 ! purchase date. 22 23 REPORTING 2.4 25 Annual, quarterly and monthly reports of assets will be presented to the Board. The following items will be 2.6 included in the reports at least annually: 1. Securities in the portfolio by type, book value, income earned, market value, final maturity and average life. 30 2. Information on activity in the account, and 3 ! 3. Performance based on total rate of return which includes earned income as well as realized 32. and unrealized gains and losses. 33 34 OTHER 35 36 1. Grandfather existing securities in the portfolio to reduce the possibility of having to sell 3? financial assets before maturity at a loss. 38 2. Any and all exceptions to the Investment Policy require majority vote of the Board of County 39 Commissioners. 40 4! AGENDA ITEM No. \ JUN 0 8 1999 6 Pg. ? EXECUTIVE SUM MARY TO present to the Board of County Commissioners the State Revenue Sharing Application for Fiscal Year 1999-2000 and to obtain approval for the Chairman to sign the application. OB.1ECTIVE: To present to the Board of County Commissioners the State Revenue Sharing Application for Fiscal Year 1999-2000 and to obtain approval for the Chairman to sign the application. CONSIDERATIONS: Each unit of local government is required to file an application in order to be considered for any funds to be distributed under the Revenue Sharing Act. The application requires the signatures of the Law Enforcement Official, Fire Official, Chief Fiscal Officer, and Chairman of the Governing Body. This application must be submitted annually by .lune 30. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: Proper submittal of the application will enable the County to continue to receive funds under the State Revenue Sharing Act. RECOMMENDATION: That the Board of County Commissioners approves the application and authorizes the Chairman to sign on behalf of the County. PREPARED BY: Robert W. Byrn~,, L~W~A General Operations Manager Finance Department, Clerk of the Circuit Court ~/.lames Mitchell, C]:A, CFE, CBA Finance Director Clerk of the Circuit Court AGENDA ITEM Nc), J U N 0 8 1999 N:',,~XECUTIVE SUM~Reven~e Sr;arln~ 2020.00C Pg Application For Revenue Sharing 1999-2000 State Fiscal Year (Chapter 218, Part II Rorida Statu~,es) Application must be received by the Department of Rovenue prior to June 30 preceding the beginning of the state fiscal year 1999..2000 Please TYPE or PRINT all entries except those requiring a signature. · Part One Name of County C o 1 1 i e r OR Name of Municipality County Telephone Number (9 4 1 ) 7 7 4 - ~ 4 0 4 Fax Telephone Number (9 4 1 } 7 7 4 - § 1 7 9 Mayor or Chairman of Governing Body P a m e 1 a $. M a c ' k i e. C h a i r W O m ~ n ChiefFiscalOfficer Dwight. E. Brock. C3erk of' the Circuit Court Official Mailing Address 3 3 0 1 E a s t T a m i a m i T r a i 1 Naples, Fl'orida 34112 Check hem if the address represents a change from the previous appF.=ation. Federal Employer I.D. Number (required for new participants only). Part Two To be eligible to participate in Revenue Sharing beyond the minimum entitlement as defined in s. 218,21(7), F.S., for any fiscal year, a unit of local govemrnent is required to have fulfilled certain requirements se~ forth in s. 218.23, F.S., inducting certification requirements. Signatures by the appropriate official in the signature blocks, where applicable, shall constitute fulfillment of the certirmation requirements set forth in s. 218.23, F.S. Consistent with the requirements of s. 218.23, F.S., has the applicant: 1. Reported its f'mances for its most recently completed ~ year to the Department of Banking and Finance, pumuant to s. 218.32, F.S.? 2. Made provisions for annual postaudits of its financial accounts in accordance with s. 11.45, F.S.? , "-'- AGENDA ~EM Yes J'TJ No n--'l 0anu~ry 8, N~ ,. Dine ofAu~ Repo~.j i'i 0 ~ 1~ DR-70O218 FL 0.3/~ Page 2 3. Levied, as shown on its most recent financial report, pursuant to s. 218.32, F.S., ad valorem taxes, exclusive of taxes levied for debt service or other special rnillages authorized by the voters, to produce the revenue equivalent to a millage rate of three (3) mills on the dollar based on the 1973 taxable values as certified by the property appraiser, pursuant to s. 193.122(2), F.S., OR, in order to produce revenue equivalent to that which would otherwise be produced by such a three (3) mill ad valorem tax: (A) to have received a remittance from the county pursuant to s. 125.01(6)(a),ES.; (B) collected an occupational license tax; (C) collected a utility tax;, (D) levied an ad valorem tax; (E) received revenue from any combination of these four sources? 4. Certified that: _ (A) Law enfomement officem, as defined in s. 943.10(1), F.S., employed by this Unit rneel the quam',:ations for employment as established by the Criminal Justice Standards and Training Commission? Yes No I-9 (B) The salary struclure and salary plans for law enforcement officers meet the provisions of Chapter 943, ES.? .o I--I (C) All law enfomement officem, es defined in s. 943.10(1), F.S., are compensated at an annual salary rate of six thousand dollars ($6,000) or mom? yes .o I---I [If the answer to (C) above is (NO), please state in an addendum to this application any reason you may have for waiver of such requirement (one of which must be that you are levying ten (10) mills of ad valorem taxes).] - ~- No. it`'. -- ~ . , Appropriate__ Law Enforcenfent Off'ruer (,~ J Jif you have no police department, etc., please check the block to DR-70O218 R. o3/99 Page 3 5. Certified that persons in its employ as firefighters, as defined in s. 633.30(1), F.S., meet the qual'~cation for employment as established by the Division of State F'a'e Marshal pursuant to the provisions of ss. 633.34 and 6,.33.35, F.S., and that the provisions of s. 633.382, F.S. are met? Yes I'T] .o F-I Additionally, please answer the following: (A) Does the addressed unit of govemment emploY any full-time firefighters which currently possess either a bachelor's degree or associate degree from a college or university which is applicable to fire department duties, provided that degree is not required for their curm. nt position? Yes ~-~ No ~ (B) If so, are these fimfightem currently receiving supplemental compensation for those degrees? Signed: Date:. .. Appropriate Fire Official [If you have no fire department or if you have a strictly volunteer tim department, etc., please check the box to the left side.] 6. Certified that each dependent special district that is budgeted separately from the general budget of the local governing authority has met the provisions for annual postaudit of its financial accounts in acco~ with the provisions of s. 11.4,5(3), F.S.? Signed: Date: (Chief F~cal Off=er) 7. Certified to the Department of Revenue that the requirements of s. 200.065, F.S., if appli~ble, were me~ (The certification shall be made annually within 30 days ~ adoption of an orcrmance or resolution establishing a final property tax levy or, if no property tax is levied, not later than November 1. The portion of revenue sharing funds which, pursuant to this part, would otherwise be distributed to a unit of local govemment which has not certified compr~nce or has otherwise failed to meet the requirements of s. 200.065, F.S., shall be deposited in the GeneraJ Revenue Fund for the 12 months following a determination of noncompliance by the department.) signed: . ~'"' - . Day= ~,.~E.%'D,*. ~TE.M (Chief Fiscal Officer) / ' No. ,~/. ~: ,.~ / D R-700218 R. 03/99 Page 4 part Three I hereby cerfifythat all of the foregoing information is accurate and true to the best of my knowledge. I further certify will promptly report to the Department of Revenue any changes in the above information. I also realize that failure to provide timely information required, pumuant to the administration of this Act shall, by such action, authorize the Department to utilize the best information available or, if no such information is available, to take necessary action including DISQUALIFICATION, EITHER PARTIAL OR ENTIRE, and shall further, by such action, waive any right to challenge the determination of the Department to its share of funds, if any, beyond its minimum entitlement, pursuant to the priv~ege of receiving shared revenues from the Revenue Sharing Trust Fur~:ls. Do you believe that you have complied with ALL elig~ility requirements as set forth above? If the answer to the above question is (NO), please provide as an attachrne~ to this form the amount of revenue necessary to meet your obligations as a result of pledges or assignments or trusts entered into which obligated funds received from revenue sharing. Signed: Date: (Chief F~:ai Ofrmer) Signed: Date: (Mayor or Chairman of Governing Body) Mail completed oripinal a_r~_ licatioft to address shown below. Department of Revenue Revenue Acco~ Section P.O. B<~x 66(~ Tallahassee, Florida 32399-6609 AGENDA ITEM No. ~-' --~- ,~ J 0 8 1999 EXECUTIVE SUMMARY Request by the Housing Finance Authority of Collier County for approval of a resolution authorizing the Authority to issue multi- family housing revenue refunding bonds to be used to refinance a qualifying apartment project. OBJECTIVE: To accomplish the necessary approvals to authorize a proposed refunding bond issue by the Housing Finance Authority of Collier County to be utilized for refinancing the Meadowood Apartments complex, now known as Coral Palms Apartments. CONSIDERATIONS: The Housing Finance Authority has been requested by JRC Coral Palms Limited Partnership, an affiliate of Jupiter Realty Corporation, to issue its bonds to refund the outstanding bonds for the Coral Palms Apartments on Golden Gate Parkway. The purpose of the refunding will be to extend the maturity of the bonds, obtain lower interest costs, and create a reserve for future capital improvements. The project was originally built as Meadowood Club Apartments in 1986, and consists of 288 units. It was financed by bonds issued by the AuthorJ. ty under a mortgage with Savers Federal Savings and Loan Association, which secured the bonds by a Letter of Credit. Like many S&L's, Savers ran into trouble in the late 1980"s and was taken over by the Resolution Trust Corporation (RTC), which then became the holder of the mortgage. RTC then exercised its rights to mandatorily purchase the bonds, and in accordance with its federal mandate to liquidate the debts of failed S&Ls, sold the bonds and assigned the mortgage to affiliates of General Electric Credit Corporation (GECC) . Upon a default by the original developer under the mortgage, GECC foreclosed and acquired the project. Meadowood's construction and maintenance problems in the early 1990 s have been well documented in the local media. What has not received attention are the substantial expenditures made by GECC to correct these deficiencies. This remedial work totals more than $1.6 million, and includes such major repairs as replacing the upper patios and roofs on all residential buildings, repairing the main electrical system, exterior siding, and irrigation system, along with gating the complex and upgrading the landscaping. In December 1998, GECC sold the project to JRC Coral Palms AGENDA ITEM C'~MyFilesd ........ '.OFA-MEADOWOOD,ExecSumm2wpd NO. JUN 0 8 1999 Pg. Limited Partnership, an Illinois limited partnership affiliated with Jupiter Realty Corporation. Based in Chicago and in business since 1960, Jupiter Realty Corporation is a leading full service real estate investment and development firm, whose current investments are valued at over $1.6 billion, including over 7,000 residential rental units. Under the terms of the sale, GECC has committed to buy the refunding bonds. The outstanding bonds carry an interest rate of 8.625%. It is expected that the refunding bonds will have an interest rate of about 7%. From the Authority's standpoint there are several advantages to refunding the outstanding bonds and issuing new bonds. First, it creates a viable financing structure for a capable owner that can continue the improvement program that has been underway for several years. Second, it lowers debt service to create cash to fund a reserve fund for capital improvements. Third, under federal tax law, multifamily projects financed with tax-exempt bonds are required to keep units available for persons of low and moderate income for a specified number of years, after the set-asides are no longer required. That required period is nearing its expiration, and one of the conditions of the refunding will be the extension of the required set-aside period. Federal tax law requires two approvals for the issuance of the bonds. First, the Authority must hold a public hearing, and must adopt a resolution in favor of issuing the bonds. The Authority held an advertised public hearing on June 7, 1999. At the conclusion of the hearing, the Authority adopted a resolution approving the issuance of the Bonds, a copy of which is attached. Following this approval, the governing body of the jurisdiction must also approve the bond issue. A resolution for the Board to adopt is attached. As are all revenue bonds of this type, these bonds are based on revenues of the project and are not obligations of the County; therefore there is no pledge of any taxes, nor a pledge of any revenues except the revenues of the project. Neither the County, the Board, nor any officer of the County is liable for their payment. Further, the resolution expressly provides that this approval by the Board does not abrogate any County regulations, including land use regulations. FISCAL IMPACT: This program does not require any contribution from the Board of County Commissioners or any other County agency. GROWTH MANAGEMENT IMPACT: The adoption of the attached resolution AGENDA ITEM . -2- NO. /~ ('J ~(~) JUN 0 8 1999 P~. will assist in providing affordable housing in Collier County. RECOMMENDATION: The Board of County Commissioners adopt the attached resolution. Prepared by: Housing Finance Authority of Collier County Approved by: David C. Weig~l' ~3 County Attorney AGENDA ITEM NO. JUN 0 8 1999 pg. RESOLUTION 99- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE ISSUANCE OF NOT EXCEEDING $10,000,000 HOUSING FINANCE AUTHORITY OF COLLIER COUNTY MULTI- FAMILY HOUSING REVENUE REFUNDING BONDS, SERIES 1999 (CORAL PALMS APARTMENTS) PURSUANT TO CHAPTER 159, PART IV, FLORIDA STATUTES, AS AMENDED. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. Recitals. It is hereby found, ascertained, determined and declared that: A. The Housing Finance Authority of Collier County (the "Issuer") is a public corporation of the State of Florida, was duly created by Ordinance No. 80-66 of the Board of County Commissioners of Collier County, Florida, and is a body corporate and politic duly created and existing as a local governmental body and a public instrumentality for the purpose of assisting qualifying housing projects situated in Collier County, Florida (the "County"), under and by virtue of Chapter 159, Part IV, Florida Statutes, (the "Act"), to provide for the issuance of and to issue and sell its obligations for lawful purposes under the Act. B. The Issuer has submitted to the Board of County Commissioners a copy of its Resolution 99-04 (the "Resolution"),attached hereto as Exhibit A, with respect to the issuance by it of not to exceed $10,000,000 Housing Finance Authority of Collier County Multi-Family Housing Revenue Refunding Bonds, Series 1999 (Coral Palms Apartments) (the "Bonds"). C. A public hearing was held on the Resolution on June 7, 1999, which public hearing was duly conducted by the Issuer upon reasonable public notice, copies of said notice being attached to the Resolution, and at such hearing interested individuals were afforded the opportunity to express their views, both orally and in writing, on all matters pertaining to the location and nature of the proposed project and to the issuance of the Bonds. D. The Issuer has recommended and requested that the Board of County Commissioners approve the issuance of the Bonds so that the interest on the Bonds will be exempt from federal income taxation under applicable provisions of Section 147(a) of the Internal Revenue Code of 1986, as amended. E. The Resolution shows that the Issuer has acted in accordance with all applicable requirements of law, and that the issuance of the Bonds will serve significant public purposes as provided in the Act. F. The purpose of the Act will be effectively served, and it is necessary and desirable and in the best interest of the County that the issuance of the Bonds be approved by the Board of County Commissioners. G. The Bond shall not constitute a debt, liability ~r Nb]~g A~.NDA ITEM NO. , / C:'M} Files' d~umcm,HOFA~M EADOWOOD RcsolutionBCC ~d JUN 0 8 1999 Pg. of Collier County, its Board of County Commissioners, officers, agents or employees, or the State of Florida or any political subdivision thereof, but shall be payable solely from the revenues provided therefore, and neither the faith and credit nor any taxing power of Collier County, or the State of Florida or any political subdivision thereof is pledged to the payment of the principal of, premium, if any, and interest on the Bond. No member of the Board of County Commissioners of Collier County or any officer, agent, or employee thereof shall be liable personally on the Bonds by reason of their issuance. Section 2. Approval of Issuance of the Bonds. The issuance of the Bonds as contemplated by the Resolution is hereby approved, however this approval shall in no way be deemed to abrogate any regulations of the County and the project contemplated by this resolution shall be subject to all such regulations, including, but not limited to, the County's Growth Management Plan, all concurrency requirements contained therein, the Collier County Land Development Code, and any applicable impact fee ordinances. Section 3. Repealing Clause. All resolutions or orders and parts thereof in conflict herewith, to the extent of such conflict, are hereby superseded and repealed. Section 4. Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 8th day of June, 1999. (SEAL) ATTEST: BOARD OF COUNTY COMMISSIONERS OF Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA By: Deputy Clerk Pamela S. Mac'Kie, Chairwoman Approved as to form and legal sufficiency: D'avid C. We-i~el ~ County Attorney AGENDA ITEM NO. I~ (~)l,) JUN 0 8 1999 PC. ~ , ~ 99-04 RESOLUTION REGARDING THE OFFICIAL ACTION OF THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, RELATIVE TO THE ISSUANCE OF NOT TO EXCEED $!0,000,000 MULTIFAMILY HOUSING REVENUE REFUNDING BONDS FOR THE PURPOSE OF REFUNDING CERTAIN OUTSTANDING BONDS OF THE AUTHORITY DESCRIBED AS "$9,000,000 HOUSING FINANCE AUTHORITY OF COLLIER COUNTY MULTIFAMILY HOUSING REVENUE BONDS (MEADOWOOD CLUB APARTMENTS) SERIES 1985" (THE "OUTSTANDING BONDS"). THE OUTSTANDING BONDS WERE USED IN ACQUIRING, CONSTRUCTING AND EQUIPPING MULTIFAMILY RESIDENTIAL HOUSING FACILITIES FOR PERSONS OR FAMILIES OF LOW, MIDDLE OR MODER3tTE INCOME; AND FURTHER AUTHORIZING THE EXECUTION AND DELIVERY OF ANAGREEMENT BY AND BETWEEN THE AUTHORITY AND JRC CORAL PALMS LIMITED PARTNERSHIP; PROVIDING AN EFFECTIVE DATE. WHEREAS, JRC Coral Palms Limited Partnership (the "Company") has applied to the Housing Finance Authority of Collier County, Florida (the "Authority") , to issue its mu!tifamily housing revenue refunding bonds in a principal amount not to exceed $10,000,000 (the "Refunding Bonds") for the purpose of refunding certain outstanding Bonds of the Authority described as "$9,000,000 Housing Finance Authority of Collier County Multifamily Housing Revenue Bonds (Meadowood Club Apartments) Series 1985" (the "Outstanding Bonds") which were used in financing the acquisition, construction, equipping and development of multifamily residential housing facilities for persons or families of low, middle or moderate income located in Collier County (the "Project", now known as Coral Palms Apartments) pursuant to Chapter 159, Part IV, Florida Statutes, or such other provision or provisions of Florida law as the Authority may determine advisable (the "Act"); and WHEREAS, a determination by the Authority to issue the Refunding Bonds under the Act, if so requested by the Company, in one or more issues or series not exceeding an aggregate principal amount of $10,000,000 and to loan the proceeds thereof available to refund the Outstanding Bonds under a loan agreement or other financing agreement which will provide that payments thereunder be at least sufficient to pay the principal of and interest and redemption premium, if any, on such Refunding Bonds and such other costs in connection therewith as may be incurred by the Authority, will assist the Company and promote the purposes provided in the Act; and AOENDA ITEM JUN 0 8 1999 WHEREAS, the Company has entered into the Preliminary Agreement of even date herewith relating to the issuance of the Refunding Bonds; and WHEREAS, the Authority held a public hearing on the proposed issuance of the Refunding Bonds for the purposes herein stated on the date hereof, which public hearing was conducted in a manner that provided a reasonable opportunity for persons with differing views to be heard, both orally and in writing, on both the issuance of such Refunding Bonds and the location and nature of the Project; and, WHEREAS, it is intended that this Resolution shall constitute official action toward the issuance of the Refunding Bonds within the meaning of the applicable United States Treasury Regulations. IT IS, THEREFORE, DETERMINED AND RESOLVED BY THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, THAT: 1. Approval of the Refunding. The refunding of the Outstanding Bonds and the financing thereof by the Authority through the issuance of the Refunding Bonds, pursuant to the Act, will promote the health and welfare of the citizens of Collier County and will thereby serve the public purposes of the Act. 2. Execution and Delivery of Preliminary Agreement. The Chairman or Vice-Chairman of the Authority are hereby authorized and directed to execute, for and on behalf of the Authority, the Preliminary Agreemen5 of even date herewith between the Authority and the Company providing understandings relative to the proposed issuance of the Refunding Bonds by the Authority in an aggregate principal amount not to exceed the lesser of (a) $10,000,000, or (b) the cost of the refunding, as determined by the Authority. 3. Authorization of the Refunding Bonds. There is hereby authorized to be issued and the Authority hereby determines to issue the Refunding Bonds, if so requested by the Company and subject to the conditions set forth in the Preliminary Agreement of even date herewith, in one or more issues or series in an aggregate principal amount not to exceed $10,000,000 for the purpose of refunding the Outstanding Bonds. The Refunding Bonds shall be designated "Housing Finance Authority of Collier County Multifamily Housing Revenue Refunding Bonds Series 1999 (Coral Palms Apartments)" or such similar designation as the Authority may deem advisable. The rate of interest payable on the Refunding Bonds shall not exceed the rate permitted by law. 4. Recommendation for Approval to Board of County Commissioners. The Authority hereby recommends the issuance of the Refunding Bonds for approval to the Board of County Commissioners of Collier County (the "Board"). The Authority hereby directs the Chairman, Vice-Chairman or Issuer's Counsel, either alone or jointly, at the expense of the Company, to seek approval for the issuance of the Refunding Bonds by the Board as the applicable elected representatives of Collier County under and pursuant to the Act and Section !47(f) of the Internal Revenue Code of 1986, as amended. 5. General Authorization. The Chairman, the Vice-Chairman, the Secretary and counsel for the Authority are hereby further authorized to proceed, upon execution of the Preliminary Agreement, with the undertakings provided for therein on the part of the Authority and are further authorized to take such steps and actions as may be required and necessary in order to cause the Authority to issue the Refunding Bonds subject to the terms and conditions set forth in the Preliminary Agreement authorized hereby. ~-' 6. Affirmative Action. This resolution is an affirmative action of the Authority toward the issuance of the Refunding Bonds, as contemplated in said Preliminary Agreement, in accordance with the purposes of the laws of the State of Florida and the applicable United States Treasury Regulations. 7. Approval of Notice of Public Hearing. The form of notice of public hearing attached hereto as Exhibit "A" is hereby approved and the publishing thereof ratified by the Authority. 8. Appointment of Counsel. The Authority appoints Nabors, Giblin and Nickerson, P.A., Tampa, Florida to act as Bond Counsel to the Authority in connection with the issuance by the Authority of the Refunding Bonds. The firm of Donald A. Pickworth, P.A.,' Naples, Florida is the duly appointed Issuer's Counsel. 9. Limited Obligations. The Refunding Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit or taxing power of Collier County, the State of Florida or any political subdivision or agency thereof but shall be payable solely from the revenue pledged therefor pursuant to a loan agreement or other financing agreement entered into by and between the Authority and the Company prior to or contemporaneously with AGENDA ITEM JUN 0 8 1999 Pg. ~ the issuance of the Refunding Bonds. 10. Limited Approval. The approval given herein shall not be construed as an approval of any necessary zoning applications nor for any other regulatory permits relating to the Project and the Authority shall not be construed by reason of its adoption of this resolution to have waived any right of the County or estopping the County from asserting any rights or responsibilities it may have in that regard. This Resolution shall take effect immediately. ADOPTED this 7~ day of June, 1999. HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA (SEAL) By: /s/ Vice Chairman ATTEST: /s/ Secretary AGENDA rrEM -4- NO. i~ /7)/~] JU~,~ 0 8 1999 q NapLes DaiLy News NapLes, FL 34102 Affidavit of Publication Naples Daily News P%CK1,/ORTH, DONALD P.A. 5150 TAHIAH! TRL N ~602 NAPLES FL 34103 REFERENCE: 01078/+ 57882096 Notice of Public Hca State of Florida County of Collier Before the undersigned authority, personally appeared Angels Bryant, who on oath says that she serves os Assistant Secretary of the Naples Deity Ne~s, · daily newspaper published at Naples, tn Collier County, FLorida: that the attached copy of the advertising was published in said newspaper o~ dates Listed. Affiant further says that the said Naples Daily Ne~s is a newspaper published at Naples, in said Collier County, Florida, and that the said on newspaper has heretofore been continu<~Jsly published in said Collier County, Florida, each day and has been entered as second cLals Jail Jotter at the post office in Naples, in said Collier County, FLorida, for a period of I year next preceding the first publication of the ~-tached copy of advertisement; and affiant I'i ore for the her says that she has neither paid nor ised any person, firs or coporation any ~.~ .~.Co~ .count, rebate, coaaisston or refund for the purpose of securing this advertisement for SHOULD AN~,, I~SON DIECIDE ,TO APPEAL publication in the said newspaper. ANY DECISION NLAI~.BY ~ AUTHORITY WITH RESPECT TO ANY N~Aii~=~ CONSIDERED AT SUCH PUBL! SHED ON: 05/:~/+ HEARING, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDING,~ AND, FOR ~THAT PURPOSE SUCH PERSON /~Y NF-EJ) TO ENSURE THAT VERBATIM RECORD OF 1~ 'PRO<~INGS IS NL~,DE~ WHICH RECORD INCLUDF_~ ~l-tE TESTIMONY AND EVIDENCE UPON WHICH THE .APPEL IS TO BE BASED. In o~cot'ck31x:a v/lift the Amerlcons wffh Dl~blllfles A0 SPACE: 136.000 INCH Acf, personsneedlngasl~.,~.-I~loccomrtxJd~flontol~r. flcllx~fe In this heor[ng should ~ DOnold A. PIck- FILED ON: 05/2/+/99 wortf% General Counsel, of (941) 2~t-~0~) no Io~' ft~n This ~oflce Is given pursuant fo Secffon .147(f) of Sworn to .nd Sub, ribed be,or. d,y of Personally known by me ~/'/,,~/I ! ~ ~ )oyce E. Bbzier -'"'".:" ~' "~"- MY COMMISSION ~ CC702521 ~:"F>.~/' :': AprJJ 10. 2002 AGENDA rrEM . No. JUN 0 Il 1999 Pg. _ EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE A BUDGET AMENDMENT TO PAY FOR MINOR RECONFIGURATION OF THE OFFICE SPACE ALLOCATED TO THE OFFICE OF THE COUNTY ATTORNEY OBJECTIVE: To reconfigure the office space allocated to the Office of the County Attorney to allow the existing staff to more effectively and efficiently perform their duties and functions. CONSIDERATIONS: The Office of the County Attorney currently has 19 employees. In an attempt to better utilize the talents and knowledge of the legal and support staff and not request additional personnel, we have shifted and reassigned workloads of the secretarial staff so that the secretaries now perform work for 2 or 3 attorneys. With that accomplished, we were able to hire a Certified Legal Assistant in place of a Legal Secretary who left for other employment. At this time, the new Certified Legal Assistant has a full workstation located in the library, which compromises the library for others and is not a fully productive situation for the office needs ora legal assistant. Additionally, we are running short on file space in our present file room. In order to alleviate this situation, we worked with the designers at Office Pavilion and re- designed the interior of the office which currently comprises the secretarial work stations, the file room and the library. The reconfigured design allows for a larger file area, quieter (more productive) work areas for the secretaries, an office for the new Certified Legal Assistant and a smaller than current library. (Book and shelf space needs of our library are reducexl now, due to our conversion to CD-Rom / computer-related research capabilities.) We have worked through the Facilities Management Department and obtained quotes from two contractors. Attached is an e-mail from Bob Pierce, Facilities Management Project Manager setting for his cost of project (this takes into account that the work will be performed after normal work hours). In addition to the cost quoted by Mr. Pierce, we received quotes fi.om Varian Construction and Surety Construction for work to be performed during normal work hours: Varian quoted $10,165 (instead of the $13,665) and Surety quoted $29,740. FISCAL EMPACT: The current amount in the general fund reserve for contingencies is $5,570,067. The requested budget amendment is $17,000. Funds would be transferred to the Office of the County Attorney fund and cost center 001-010510. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve a budget amendment from the general fund reserve for contingencies in the amount of $17,000 to pay all costs associated with the reconfiguration of the Office of the County Attorney. Any dollars not expended will revert to the general fund at the end of the fiscal year. allen d From: pierce_b Sent: Thursday, May 20, 1999 3:58 PM To: allen_d Cc: crognalei; gulley_g Subject: County Attorney's Off'~,e Remodel Debbie: I have just received a fax from Jeff Maddox of Surety Construction and he has bid $29,740.00 for the construction work that you wanted to do at the County Attorney's office. As previously submitted to you on 4/15/99, Varian Construction's bid was $13,665.00 for this same work. Neither of these estimates include moving the furniture or the file cabinets, data lines, sprinklers and permit fees. In a fax sent to you dated 4/26/99, Off~_,e Pavilion has estimated that it will cost $1155.00 to move the furniture and files as long as you empty them first. They do not move full furniture or files. The estimated budget for your construction project is as follows: 1. Varian Construction $13,665.00 2. Office Pavilion $ 1,155.00 3. Hidden Problems $ 500.00 4. Contingency 10% $ 1,532.00 Total Budget: $16,852.00 Please let me know if you want this work started, when to schedule it, and what account to invioce against. The contractors are quite busy right now and 1 to 2 month start times are possible. Also, as we have previously discussed, Facility Management personnel are not available for any portion of this project due to increased work loads. Thanks, Bob AGENDA ITEM . Page 1 JUN 8 8 1999 PS. EXECUTIVE SUMMARY TO RECOGNIZE AN ADDITIONAL GRANT OF $40,000 AND INCREASE THE IMMOKALEE REGIONAL AIPRORT OBSTRUCTION REMOVAL PROJECT BUDGET BY $50,000. OBJECTIVE: For the Board of County Commissioners to recognize an additional grant of $40,000 and to approve a budget amendment that will increase the Immokalee Regional Airport obstruction removal project budget by $50,000 with no additional transfer o£ funds required from the Board of County Commissioners. CONSIDERATIONS:: The obstruction removal project at the lmmokalee Regional Airport has been completed. However, additional brush needs to be removed from the middle of the airfield to bring the airport into compliance with F.A.R. Part 77. The cost of the additional clearing and grubbing is estimated to be $50,000. Staffhas secured a supplemental grant from the Florida Department of Transportation to pay fbr 80% or $40,000 of this cost. The Airport Authority is responsible for providing the balance of $10,000. This amount is available in the Airport Authority's capital reserves. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: No additional transfer is required from the Board of County Commissioners as funds are available in the Airport Authority's capital reserves. The proposed budget amendment will increase the Immokalee Regional Airport obstruction removal project budget in the Airport Authority Capital Fund (496) by $50,000. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed budget amendment. PREPARED BY: ~'~'¢ DATE: </,c~) ~'~ Jo-A,~_!ne Leamer, F}u~,nce Manager APPROVED BY: /~Dr~,, ~xecuti r DATE:'"~ ' ~/ AGEND,~, ITEM - ,"'"' No.~/,' ~ i J UN 0 8 1999 EXECUTIVE SUMMARY PETITION V-99-03, LESLIE E. HOWARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT REQUESTING A 22-FOOT VARIANCE TO REDUCE THE REQUIRED 25-FOOT FRONT YARD SETBACK TO 3 FEET AND A 7-FOOT VARIANCE TO REDUCE THE REQUIRED 10-FOOT SIDE YARD SETBACK TO 3 FEET FOR THE BIG CYPRESS BASIN ADMINISTRATION BUILDING LOCATED AT 6089 JANES LANE IN SECTION 11, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To obtain a dimensional variance of 22 feet from the required front yard setback of 50 feet, less an existing approved variance of 25 feet (V-96-26), to reduce the front yard setback to three feet, and to obtain a variance of seven feet from the required side yard setback of 10 feet to reduce the side yard to three feet. The reduced setbacks will allow placement of an emergency generator and an underground propane tank in the southeast comer and front yard of the property. CONSIDERATIONS: If approved, this variance will allow installation of an emergency generator three feet from the front and side yard property lines of the SFWMD Big Cypress Basin Administration building. The generator will be housed within a 1 O-foot by 1 O-foot "con- vault" structure. In addition to the generator, a 1,000 gallon propane gas tank would be buried approximately 20 feet away in front of the building. The proposed generator will allow continued emergency operations due to power failures during storms. Approval of this petition will allow SFWMD to operate planned automated floodgates, such as are being installed on the Immokalee Road drainage canal, and other emergency equipment that will be controlled from this building. PROS/CONS: Pro s The variance requested is the minimum variance that will allow the petitioner to reasonably place the proposed emergency generator on site with a minimum of interference to drainage, without loss of parking area, and with the least visual impact to the appearance of the site and the building. It would also allow burial of the proposed propane tank and adequate servicing of equipment. The placement of the above-ground equipment would be limited to only the southeast comer of the property (front yard) and would not interfere with access to the building. JUN 0 8 lsat9 /, Staff also confirms that it would be difficult to place the proposed structure in other locations on the property and the findings of fact contained in Staff's report support this view. Staff also finds that the granting of this variance request will be in harmony with the general intent and purpose of the Land Development Code by allowing placement of emergency equipment necessary for the safety for the citizens of Collier County and the Staff of the South Florida Water Management District. Cons None. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: The approval of this variance will not affect or change the requirements of the Growth Management Plan. HISTORICAL/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside of an area of historical and archaeological probability as referenced on the official Collier County Probability Map, therefore, an Historical and Archaeological Survey and Assessment is not required. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission voted unanimously to recommend approval of V-99-03 with conditions, as provided for in the attached Resolution of Adoption, to the Board of Zoning Appeals. 2 PREPARED BY: / DONALD J. ~Y, AIg,P// DATE P~)ICIPAL PLANNER REVIEWE~ i~NALD '~. ~'~I~B~-'.~dCP DATE CURRENT PLANNING MANAGER '-----------5'-- R MULHE~:7-.-.-.-.-.-.-.-~ DATE PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: V~CENT A. CAUTERO, ~CP, ~M~ST~TOR DATE COMITY DEV. ~ E~IRO~ENT~ SVCS. Petition V-99-03 Leslie E. Howard for SFWMD. This petition has been tentatively scheduled for the June 8, 1999 BZA Public Hearing. AGENDA 11EM 3 JUN 0 8 1999 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRON. SERVICES DIVISION DATE: APRIL 12, 1999 RE: V-99-03 SFWMD AGENT/OWNER: Agent: Leslie E. Howard South Florida Water Management District (SFWMD) 6089 Janes Lane Naples, Florida 34109 Owner: SFWMD 6089 Janes Lane Naples, Florida 34109 REQUESTED ACTION: The petitioner is requesting a dimensional variance of 22 feet from the required front yard setback requirement of 50 feet, less an existing approved variance of 25 feet (V-96-26), to reduce the front yard setback to three feet, and a variance of seven feet from the required side yard setback of 10 feet to reduce the side yard to three feet for placement of an emergency generator. GEOGRAPHIC LOCATION: The subject property is located at 6089 Janes Lane in Section 11, Township 49 South, Range 25 East, Collier County, Florida (see location map on following page). PURPOSE/DESCRIPTION OF PROJECT: The petitioner is requesting this variance in order to install an emergency generator three feet from the front and side yard property lines of the SFWMD Big Cypress Basin Administration building. In addition to the 1 O-foot by 1 O-foot "con-vault" structure housing the generator, a ' 1,000 gallon propane gas tank would be buried approximately 20 feet away in front of~ [~ AOr.~A ffDa building, no, /~,~ JUN 0 8 1999 I pg. ~" The proposed generator will allow the SFWMD to continue emergency operations due to power failures during storms. Approval of this petition will allow the SFWMD to operate planned automated floodgates, such as are being installed on the Immokalee Road drainage canal, which will be controlled from this building. The proposed locations of these structures would also allow the best placement in terms of access, maintenance, and service to the generator and the propane tank. It would also allow access around the building with the least interference, especially in an emergency. According to the applicant, the structure would cause a loss of parking and swale detention area if placed on the north side or rear of the building. Staff confirms that it would be difficult to place the proposed structure in these areas. SURROUNDING LAND USE AND ZONING: Existing: The site is developed with an office building and parking lot and is zoned 'T' Industrial. Surrounding: North - business, zoned I South - business, zoned I East - business, zoned I West - business, zoned I '~-' · GROWTH MANAGEMENT PLAN CONSISTENCY: The requested variance does not have an impact on this property's consistency with the County's Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability and has already been developed. Therefore, no Historical/Archaeological Survey and Assessment is required. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: Approval of this variance request will have no effect on infrastructure, transportation or the environment. Proposed generator location (fronO Looking south on Janes Lane at site ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals (BZA) to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Subsection "4" (a) through (h) which are general guidelines to be used to assist the Commission in making a determination. Responses to items in this Subsection are as follows: a. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved? Yes, special conditions and circumstances exist in that the site is small and the existing building, parking, and retention areas leave little room for placement of the proposed emergency generator elsewhere on site. Normally, a similar request for a variance for any type of non-emergency structure to be placed in the same location would be considered not appropriate, and would be considered uncommon, but the nature and use of the proposed equipment and structure are necessary for continued operations during emergencies. In addition, there are other properties located along Janes Lane which contain structures in similar locations. Only two of the existing buildings along Jane's Lane meet the required 50-foot front setback, as measured from the fight-of-way easement line, and they are considered nonconforming. In addition, a variance was approved in 1992 for property located at 6245 Janes Lane (Lots 5 & 6- Mobile Marine). That variance approved a reduced side-yard setback from 20 feet to zero feet, a reduced rear-yard setback from 35 feet to 15 feet, and a variance from landscape and buffering requirements. b. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request? AGENDA ITEM 3 JUN 0 8 E,S9 Yes. In 1996, when considering a variance from the t~ont yard setback for the SFWMD Administration Building, staff found that the subject parcel was surrounded on all four sides by easements that left only a 70-foot by 70-foot building envelope to accommodate a building after setbacks were met (V-96-26). Other lots in the Industrial Park did not have easements on all four sides. This and other considerations convinced the BZA that the request was not unreasonable. Therefore, the Big Cypress Basin Administration Building was built consistent with the minimum code requirements and in accordance with the minimum setback requirements for the Industrial Zoning District, except for the front yard variance of 25 feet. Unfortunately, when the building was redesigned, plans were not made to include a large emergency generator. c. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? If this request is denied, a literal interpretation of the provisions of this Land Development Code could work unnecessary and undue hardship on the applicant and could affect the safety and welfare of the users of the building if they are working during an emergency situation. d. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? The variance requested is the minimum variance which will allow the petitioner to reasonably place the proposed emergency generator on site with a minimum of interference to drainage, without loss of parking area, and with the least visual impact to the appearance of the site and building. It would also allow burial of the proposed . propane tank and adequate servicing of equipment. The placement of the above-ground equipment would be limited to only the southeast comer of the property (front yard). e. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? No. Granting the requested variance could be perceived as granting a special privilege to the petitioner that is denied to other lands, buildings or structures in the same zoning district; however, granting the requested variance in order to protect the health, safety and welfare of the staff, and to provide a service to the public at large, could be viewed as a unique and special privilege in harmony with the general intent and purpose of the Land Development Code. Furthermore, other properties along Janes Lane contain structures within the same setbacks so granting this requested variance would not be granting a special privilege to the petitioner. AC~ENOA IT?=.M JUN 0 8 1999 4 f. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? It is staff's opinion that granting this variance will not be in keeping with the general intent and purpose of the Industrial Zoning District; however, after considering all possible impacts, granting the requested variance would not be injurious to the area and it would not be detrimental to the public welfare. Therefore, Staff considers this request minimal and in harmony with the general intent and purpose of the Land Development Code. The proposed location of the generator causes the least visual impact to the site and building, and is not detrimental to the public welfare. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? The west side of the property is bordered by a canal making it difficult to remove any needed drainage swales around the building. The only other option to this variance would be to remove some of the parking area and place the structure in the parking lot, thus making it more obtrusive. h. Will granting the variance be consistent with the Growth Management Plan? The granting of the requested variance will not affect or change the requirements of the Growth Management Plan. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition V-99-03 to the Board of Zoning Appeals with a recommendation for approval with the conditions as stipulated in the Resolution of Adoption. PREPARED BY: I(-Ev EWED BY: CURRENT PLANNING MANAGER PLANNING SERVICES DIRECTOR APPROVED BY: / AICP, ADMIHI~TRATOR COMML~NTI~ DEV. & ENVIRON. SVCS DIVISION Staff R~)ort for the May 6, 1999 CCPC m~dng. Nora: ~ l~tition has ~ t~atively se. lg~eti for th~ May 25, 1999 BCC me~-ting. COLLIER COUNTY PLANNING COMMISSION: AGENDA ITEM STAFF REPORT/V-99-O3/DJM JUN 0 8 I~B 6 ~l. /~ View overlooking drainage swale and canal on west side of SFgYMD property View of.lanes Lane looking south JUN 0 B 1999 AC3E. NI3A I'm'~ JUN 0 8 1999 Pi. VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRICT) Petition No. ¥ 9 9 ' 0 ~ ' Date Petition Received: ....... Commission District: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: South Florida Water Management District Petitioner's Address: 6089 Janes Lane Naples, FL 34109 Telephone: (941) 597-1505 Agent's Name: Les lie E. Howard Agent's Address: 6089 Janes Lane Naples, FL 34109 Telephone: (941) 597-1505 x7614 COLLIER COUNTY COM]VIUN]TY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 AC-~.NDA PHONE (941) 403-2400/FAX (941) 643-6968 JUN 0 8 1999 Application for Variance Petition - 8/98 Page of 8 ~,g. Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State ~ Zip. Name of Homeowner Association: Mailing Address City State ~ Zip. Name of Master Association: 1~/^ Mailing Address City State ~ Zip Name of Civic Association: Mailing Address City State ~ Zip PROPERTY DESCRIPTION: Legal Description of Subject Property: Subdivision: Unit Lot (s) Block (s) Section 11 Twp. 49 Range 25 Property I.D. # Metes & Bounds Description: See attached AC..~A ITEM JUN 0 8 1999 Application for Variance Petition - 8/98 Page 2 ,f 8 Address of Subject Property: ~If different from Petitioner's address) Current Zoning and Land use of Subject Parcel: I ndu s t r ia 1 Government Building Adjacent Zoning & Land Use: I Industrial S I Industrial I Industrial E I Industrial Minimum Yard Requirements for Subject Property: Front: 50' Comer Lot: Yes [] No [] Side: lO' Waterfzont Lot: Yes [] No [] Rear: 15' AC~=~A ITEI~ JUN 0 8 1999 Application for Variance Petition - 8/98 Page 3 f 8 pg. /~5~ 1Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. Reduce front set back from 25' to 3' Reduce set back along south property line from 10' to 3' The 25' set back is a variance and is referenced in Collier County Resolution No. 96-595. The request for a 3' set back would allow for the installation of an emergency generator to service the B£g Cypress Basin Administration Building. Note: A copy of Resolution 96-595 is attached and made a part of this application. ^C, ENOA ,,.,,.-,- .. JUN 0 8 1999 Application for Variance Petition - 8/98 Page 4, r 8 Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-8). (Please address this criteria using additional pages if necessary.) 1. .&re therespecialconditio~ andc~cumstancesemstmg which arepeculiarto thelocation, s=eand charactensticsoftheland,s~ucture, orbuilding involved. The emergency generator and LP gas tank are needed for continued operation of Big Cypress Basin Administration Building during emergencies; i.e., hurricane, tornado, flood, etc. 2. Are therespecialcondiaonsandc~cumstances whichdonotresult~om theactionoftheapphcant such as pre-existmgconditionsrelativeto thepropenywhich B ~e ~ectof~evariancerequest The proposed locations of the "Con-Vault" structure and the buried LP tank offer the best accessibility to them for routine checkup. 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Yes. It has been determined that the proposed location best suits our needs. 4. Will the variance, if granted, be the minimum variance that will make possible the reasouable use of the land, building or structure and which promote slandards of health, safety or weffare. Yes. Any other location would cause the loss of required parking spaces and/or loss of a water quality retention/detention swale along the rear of the property. '""AGENOAI~ JUN 0 8 1999 Application for Variance Petition - 8/98 Page: }f 8 Pg <---'" 5. Will ~antmg thevanancerequestedconferon thepeafioneranyspecialprivilege thatisdemedby ~esezonmg regula~ons too~erlan~,buildmgs, orslxuctures m thesamezoningdmtnct. As noted in the previous/attached variance petition, only 2 of the 15 buildings along Janes Lane are in compliance with the 50' set hack 6. Will grantmg thevariancebe m harmony wi~ the m~ntandpurposeofthiszonmgcode, andnotbe mjurio~ to the neighborhoo& or otherwise detrimental ~ the public weff~e. Yes. As mentioned previously, the generator will be housed in a "Con-Vault" type structure. 7. Are there natural conditions or physically reduced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. The proposed locations continue to allow for a balanced landscape plan. 8. Will granting the variance be consistent with the growth management plan. Yes. AGENi:)A ~iTEM JUN 0 8 1999 Application for Variance Petition = 8/98 Page of 8 VARIANCE PETITION APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! R EQ UIREMENTS # oF COPIES REQUIRED 1. Completed Application 15 2. Completed Owne~/Agent Affidavit, Notarized 1 3. Pre-application notes/minutes 15 4. Survey of property, showing the encroachment 1 (measured in feet) '5. Site Plan depicting the following: 15 a) All property boundaries & dimensions b) All existing and proposed structures (labeled as such) c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location map depicting ma]or streets in area for 1 reference 7. Application fee, checks shall be made payable to - Collier County Board of Commissioners $4~ 5.0o 8. Other Requirements- . As the authorized agentJapphcant for this petition, I attest that all of the information indicated on this checklist is included in this stlbmittal package. I understand that failure to include all necessary submittal information may result in the delay of processing of this petition. AGENOA m~ JUN 0 8 1999 Application for Variance Petition - 8198 Page ~f 8 Pg-, We~I, South FL Water Mgmt. District being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, ail sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We~I further authorize Leslie E. Howard tO act as our/my representative in any matters regarding this Petition. Signa~ture of Property~Pwner Signature of Property Owner South Florida Water Management Dist ' Michael Slayton, ~ty Executive Ltglal go~%f~nted~..~ j~Name of Owner Director Typed or Printed Name of Owner SFWMD Otflce ot Counsel! ~ rhe fq. regoing instrument was acknowledggd before me this / [ ~ dayof ugg,/ , 19_~, by/~ IC ~[/~-7, '~G4 Y TO'a''l ~o is Personally known to m~ or has produced ~ //Or as identification. ,gtate of Florida f~gn~re of o~ry l~blic - ~tate of -County of C:.'.'.i.:;- Florida) (Print, Type, or Stamp Co~ m~,~ned,/'?,,~ Name of Notary Public) JUN 0 8 1999 Application for Variance Petition - 8/98 Page of 8 COI,I.IER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL 2800 N. HORSESHOE DKIVE SERVICES DIVISION NAPLES, FL 34104 Building Review and Permitting (941) 643-8400 Code Enforcement (941) 643-8440 A CERTIFIED BLUE CHIP COMMUNITY Housing and Urban Improvement (941) 643-8330 Natural Resources (941} 732-2505 Planning .Sert,ices (94 l) 643-8300 Pollution Control (94 L} 732-2502 CURRENT PLANNING January 6, 1997 Ms. Suzanne Charnock South Florida Water Management District P.O. Box 24680 3301 Gun Club Road West Palm Beach, Florida 33416 REFERENCE: Petition No. V-96-26 Dear Ms. Charnock: Please be advised that the Board of County Commissioners, during their regularly scheduled meeting of Tuesday, December 17, 1996, heard and approved Petition No. V-96-26. A copy of this enabling Resolution, No. 96-595, has been enclosed for your convenience. If you have any questions, please do not hesitate to contact the Current Planning Section. Very truly yours, Ray V. Bellows Principal Planner RVB/bk/19102 cc: South Florida Water Management District Abe Skinner, Property Appraiser M. Ocheltree, Graphics Compliance Services File Enclosure ~ A~.NDA ITF. M JUN O 8 1999 RESOLUTION NO. 96- 595 RELATING TO PETITION NL~BERV-96-26, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected ./ constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 25 foot variance from~-':the required 50 feet front setback to 25 feet as shown on the attache:~'Plot plan, Exhibit "A", in an Industrial zone for the propert~'hereinafter described, and has found as a matter of fact that/~at%sfactor¥ provision and arrangement have been made concer~ing all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-96-26 filed by ~uzanne ~. Charnock, CLM, representing South Florida Water Management District, wi~h reepect to ~he property hereinafter desoril~d as= Exhibit "B~' ' AGENDA JUN 0 8 1999 .. be and the same hereby is approved for a 25-foot variance from the required front setback of 50 feet to 25 feet as shown on the attached plot plan, Exhibit "A", of the Industrial zoning district wherein said property is located, subject to the following conditions: The variance shall be only for the 25 foot front setback as depicted on the attached plot plan. BE IT RESOLVED that ~his Resolution relating to Petition Number V-96-26 be recorded in the minutes of ~his Board. Commissioner Hancock offered the foregoing Resolution and moved for its adoption, seconded by Commissioner Constantine and upon roll call the vote was: AYES: Commissioner Hancock,~ Comm£ssione= Constantine,. Commiss,~ner Mac'Kie, Commissioner Berry,: and Commissioner No=tis NAY S: ABSENT AND NOT VOTING: Done this':. A~ T~day of , 1~6~ -. . ~..~ BO~ OF ZONING APP~S ~D~IGHT E. BROC~,~dLE~ COLLI~ CO~TY, FLORIDA --~ __ V-96-26 V~I~CE ~SOL~ION/18666 RESOLUTION NO. 99- RELATING TO PETITION NUMBER V-99-03. FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zomng of particular geographic divisions of the County, among which is the granting of variances; and V~IEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 22-foot variance from the required front yard setback of 50 feet, less an already approved variance of 25 feet, to 3 feet and a 7 foot variance from the required side yard setback of 10 feet to 3 feet as shown on the attached plot plan, Exhibit "A", in an 'T' Industrial zomg District for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County: and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-99-03 filed by Leslie E. Howard, representing South Florida Water Management District, with respect to the property hereinafter described as: Exhibit "B" be and the same hereby is approved for a 22-foot variance from the required front yard setback of 50 feet, less an already approved variance of 25 feet, to 22 feet and a 7-foot variance from the required side yard setback of 10 feet to 3 feet as shown on the attached plot plan, Exhibit "A", of the 'T' Industrial Zoning District wherein said property is located, subject to the following conditions: -- ./UN 0 8 1999 PS. 1. No additional structure(s) shall be permitted within the established 25-foot front setback as depicted in Exhibit "A". 2. The pre-cast generator shed will be screened with maximum landscaping material and screening as approved by the Collier County Planning Services Department. BE IT RESOLVED that this Resolution relating to Petition Number V-99-03 be recorded in the minmes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,1999. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, Chairwoman Approved as to Form and Legal Sufficiency: Marjogie M. Student Assistant County Attorney fDg-99-03 RESOLUTION AGENDA I'I'E~4 JUN 0 8 1999 - ~ - pg. ~m I'~/~' I PROPOSED _~ BURIED LP _ 20.0' ~( OAS TANK ~I 10'"PtTM 1,000 GAL.) o~ _.R/__W LINE EOP EXECUTIVE SUMMARY PUD-99-03, ROBERT L. DUANE, AICP, OF HOLE, MONTES & ASSOCIATES, INC., REPRESENTING NAPLES RESERVE GOLF CLUB, 1NC., REQUESTING A REZONE FROM "A" RURAL AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS NAPLES RESERVE GOLF CLUB FOR A MAXIMUM OF 552 RESIDENTIAL DWELLING UNITS AND TWO 18 HOLE GOLF COURSES FOR PROPERTY LOCATED ONE MILE NORTH OF U.S. 41 AND TWO MILES EAST OF C.R. 951, IN SECTION 1, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 688_+ ACRES. OBJECTIVE: This petition seeks to rezone certain land now zoned "A" Rural Agricultural to the "PUD" Planned Unit DeVelopment district. CONSIDERATIONS: The property is located in Section 1, Township 51 South, Range 26 East which lies approximately one mile north of U.S. 41 and one and one-half(l 1/.,) miles east of C.R. 951. The development strategy described by the PUD document and master plan is for a mixed use residential community of not more than 552 dwelling units laid out around two (2) eighteen (18) hole golf courses complete with associated clubhouses and recreation amenities. Lakes and preserves areas comprise a significant part of the total land use development scheme. Additionally, up to 3.5 acres will be devoted to Neighborhood Village Commercial purposes in order to provide convenience goods and services to residents of the project, thereby avoiding externally oriented automobile shopping trips. The subject property is located in two land use designations depicted on the Future Land Use Map. The attached sketch (Urban Fringe Boundary Exhibit) depicts 3182 acres in the Residential Urban .~70 acres in the Agricultural Rural area. Based on a maximum density of 1.5 Fringe Subdis~rict and" _+ dwelling units per- acre, 478 dwelling units are permitted in the Urban Residential Fringe Subdistrict. Based on density of one dwelling unit per five acres, 74 dwelling units are permitted in the Rural Subdistrict. Therefore, a total of 552 dwelling units for the property within its entirety. The gross density is 0.8 dwelling units per acre. Technically' this petition is deemed consistent with the FLUE in the event a cjustered development not exceeding 74 dwelling units is allocated to the Agriculturally designated area. The PUD advises that the spatial distribution of the dwelling units will be consistent with this requirement. Golf courses and related recreation uses are permitted within the Agricultural area. Therefore, this petition is consistent with the FLUE. Analysis for other applicable elements of the Growth Management Plan advise tt at tifike.,la~hif.~sif approved would not abridge any applicable element of the GMP. ~ /,5~d_,d JUN 0 8 19 9 l~g., /' Presently, the Future Land Use Element has been interpreted by staff in such a way that density cannot be shifted from the Residential Urban Fringe Subdistrict to the Agricultural/Rural area. This interpretation does not serve the project well because the majority of the wetlands and existing native vegetation are located in the Urban Residential Fringe District, which makes this area less suitable for urban development than cleared portions of the site in the Agricultural/Rural area. Therefore, residential development spread more uniformly across the site and cjustered in the Rural Area with extensive open spaces surrounding the residential pods depicted on the PUD Master Plan is more preferable to concentrating the majority of the dwelling units in the Urban Residential Fringe District and is more environmentally responsive. Current amendments to the Growth Management Plan which the Board has approved and is now before the DCA for approval as part of a settlement agreement package would make cjustering over the entirety of the site possible, nevertheless, the PUD has been structured to satisfy both current and future requirements. Regarding the matter of compatibly and in consideration of the fact that an urban scale subdivision plan of 633 lots zoned RSF-3 abuts the subject property, and an extensive mobile home development~ certainly give credence to rethinking urban boundary and sewer and water district boundary lines. This amendment would be similar to the amendment allowing FiddlerS Creek to expand into the Agriculturally designated area. Additionally the entire west boundary of the subject property abuts a .current application for develop ~rn_ent approval under the process of a Development of Regional Impact (DRI). This project (i.e. Winding Cypress PUD and DRI) is proposed as a development of 2100 dwelling units. One cannot reasonably argue that approval of this project is incompatible with .development that is approved in the immediate area or intended to come about in the near future. Timing o.f development, criteria intended to maximize the utilization of public infrastructure clearly favors the rezoning of this land to an urban function because all required and supporting urban infrasture is in place (i.e. seer, water, community facilities and services, etc.). Whil~ the' project does not provide for any interconnects to adjacent property, nevertheless, apProval of the master plan will not landlock any other property. Further the property is in excess of 600 acres and will l~e a. gated community, therefore, making any provision for an interconnect meaningless. The major traffic ways plan does not advise of the need for reserving right-Of-why anyWhere within the boundaries of the property. Transportation engineering stipulations~ontain~ed .within th~ pUD. address the need to install turn lanes at the project entrance on US-41 E. ' ': No development within the PUD will occur near a major public highway.-For purposes of development standards, they have ~applicability primarily internally to the PUD. External'boundaries are all contiguous to undeveloped areas, nevertheless, the maximum building height within 100 feet of perimeter lands have a thirty-five (35) foot height limit. A~A I'l'~J~ JUN 0 8 1999 The Collier County Planning Commission heard this petition on May 20, 1999 and they unanimously (9 to 0) recommended approval. No person spoke or otherwise communicated any level of objection to the approval of this petition. FISCAL IMPACT: This PUD by and of itself will not have a fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. Impact Fees Residential Ullits Park Impact Fee: $578.00 per unit x 552 du's = $ 319,056 Library Impact Fee: $180.52 per unit x 552 du's = - 59,647 Fire Impact Fee: $0.15 per Sq. Ft. of bldg. area 61500 SF x 0.15 x 552 = 124,200 School Impact Fee: $1,778.00 per unit x 552 du's = 981,456 Road Impact Fee: $1,379.00 per unit x 552 = · 761,208 Radon Impact Fee: $.005 per Sq. Ft. of bldg. area @.005 x 1500 x 552 = 4,140 EMS I .mpact Fee: $14.00 per unit x 552 = 7,728 Bldg. Code Adm.: $0.005 per Sq. Ft. of bldg.-area ~ ? 6.005 x 1500 = 7,728 Micro Film Surcharge: $2.00 per unit x 552 1.104 SUB TOTAL IMPACT FEES $2,266,267 Applicable Fees ~(~.Est. 15.000 sq. ft. Village Commercial (3.5 AC) Fire Impact Fee: 0.030 sq. ltl x 15,000 sq. ft. = $ 4'551 Bldg. Co.de Admin 0.005 sq. ft. x 15,000 sq. ft. = 45 Micro Film sUrcharge 2.00 per permit (est. 3) = 6' · - SUB TOTAL $ 4,551 Golf Course '' :: ' Estimate 330 acres ~ $1,066/acre = ' . 5; 351,780 SUB TOTAL $ 351,780 TOTAL JUN 0 8 1999 In addition to the impact fees described there are building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees have traditionally off- set the cost of administering the community development review process, whereas utility fees are based on their proportionate share of impact to the County system. Impact fees are currently being reviewed to determine if adjustments are required to more accurately reflect the impact of particular development on County provided services. Finally additional revenue is generated by application of ad valorum tax rates. The revenue that will be generated by the ad valorum tax depends on the value of the improvements. At this point in time staff has not developed a method to arrive at a reasonable estimate of tax revenue based on ad valorum tax rates. The above discussion deals with revenue streams. A fiscal impact analysis is incomplete without an estimates of costs that will be generated by a particular land use development project. At this point in time staff has not developed a model by which to estimate the costs of a particular land use development project. Such a model in our op!nion would be terribly misleading because there is no certain way, particularly with respect to housing projects to determine their value, and likelihood that not all of the authorized development will occur. Nevertheless, it should be appreciated that notwithstanding fiscal impact relationship development takes place in an environment of concurrency relationships. When Level of Service requirements fall below their adopted standard a mechanism is in place to bring about a cessation of building activity. Certain LOS standards apply countywide versus roads which may have geographic concun'ency implications. GROWTH MANAGEMENT IMPACT: Petitions deemed to be consistent with all provisions of the Growth Management Plan can not have an impact on the Collier County Growth Management Plan. This petition was reviewed for consistency and was found to be consistent with all provisions of the Growth Management Plan. Development permitted by the approval of this petition will be subject to a concun'ency revi~,w under the. provisions of Division 3.1 of the 3.15 of the Collier County Land Development Code. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission recommends approval of Petition PUl Reserve Golf Club as described by the Ordinance of Adoption and Exhibits th, ~retoU~,~.~'-~ document and master plan). J[JN 0 8 1999 ~oNALD F. NINO, AI'~ DATE CURRENT PLANNING MANAGER REVIEWED BY: R LHERE, AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR VINCENT A. CAUTERO, AICP, ADMINISTRATOR DAT~ COMMUNITY DEV. AND ENVIRONMENTAL SVCS. EX SUMMARY/md JUN 0 8 i999 AGENDA ITEM 7A MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: APRIL 21, 1999 RE: PETITION NO: PUD-99-03, NAPLES RESERVE GOLF CLUB OWNER/AGENT: Agent: Mr. Robert L. Duane, AICP Hole, Montes & Associates, Inc. 715 - 10th Street North Naples, Florida 34102 ~-- Owner: Mr. Michael Saadeh, President Naples Reserve Golf Club 98 Vineyards Boulevard Naples, Florida 34119 (Michael and Joseph Procacci/Owners) REQUESTED ACTION: This petition seeks to rezone certain land now zoned "A" Rural Agricultural to the "PUD" Planned Unit Development district. GEOGRAPHIC LOCATION: The property is located in Sectionl, Township 51 South, Range 26 East which lies approximately one . mile north of US-41 and one and one-half (1½) miles east of CR-951. (See location map following- page). PURPOSE/DESCRIPTION OF PROJECT: The development strategy described by the PUD document and master plan is for a mixed use ---- residential community of not more than 552 dwelling units laid out around two (2) eighteen (18) hole golf courses complete with associated clubhouses and recreation amenities. Additionally, lakes and preserves areas comprise a significant part of the total land use development scheme. ~,c.,~, ff~,~ .~ /~/~ JUN 0 8 '191t[t SURROUNDING LAND USE AND ZONING: 'I Existing: The property is undeveloped but in large part is actively farmed. The property is zoned "A" Rural Agricultural. Surrounding: The land to the north, east, and west is all undeveloped and zoned "A" Rural Agricultural. To the south the land is vacant as well, except that the west half of the south boundary is platted, and this property is zoned RSF-3 '(Naples Isle a recorded subdivision containing 633 lots). The remainder of the land on the south side is zoned "A" Rural Agricultural. Additionally a mobile home park is located near the south property line. GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is located in two land use designations depicted on the Future Land Use Map. The attached sketch (Urban Fringe Boundary Exhibit) depicts 318+ acres in the Residential Urban Fringe Subdistriet and 370+ acres in the Agricultural Rural area. Based on a maximum density of 1.5 dwelling units per acre, 478 dwelling units are permitted in the Urban Residential Fringe Subdistrict. Based on density of one dwelling unit per five aEres, 74 dwelling units are permitted in the Rural '-' Subdistri&. Therefore, a total of 552 dwelling units for the property within its entirety. The gross density is 0.80 dwelling units per acre. Technically this p~etition is deemed consistent with the FLUE in the event a cjustered development not exceeding 74 dwelling ' units is allocated to the Agriculturally designated area. The _ PUD advises that the spatial distribution of the dwelling units will be consistent with this requirement. Golf courses and related reci:eation uses are permitted within the Agricultural _ , area. Therefore, this petition, is consistent with the FLUE. Relative to other applicable elements of the GMP the following is provided. Traffic Element - The project is planned to be phased over a 10 year period with build-out in 20.09. The ITE Trip Generation manual indicates that the proposed project will generate approximately 6,283 AADT before trip adjustments are made. Peak hour volumes-,were es, tim'.a.ted using .the growth rate established by the FSUTMS model which includes the existing/committed rdad and intersection improvements. Based on this data, the site generated traffic from the proposed petition will not exceed the significance test standard (5 percent of the LOS "C" design volume) on- US-41 after trip - assignments are made. In addition, the project rips will not' lower the level of service below the adopted LOS "C" & "D" standard. Therefore, the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). - AGENDA ITEM No, .IU 0 8 1999 Pg. The TCE lists US-41 as a 2 lane arterial road in the project area. The current traffic count for this road is 4,412 PSDT and is operating at an acceptable level of service (LOS "B"). The Peak Season Daily Traffic was based on the Peak/Annual Ratio shown in the County's Transportation Planmng Database. It should be noted that this 2 lane road segment fronting the project is not projected to be deficient by the build-out of the project. As a result, this petition complies with Policy 1.3 and 1.4 of the TCE. Staff has reviewed the layout of the PUD Master Plan and finds the following: The primary access to the site will be from an 80 foot private road easement from US-41 through Section 12 and is subject to review and approval by the Transportation Services staff including any required improvements. In addition, Policy 7.2 of the TCE encourages the interconnection of local streets between developments. The proposed Master Plan does not indicate that an interconnection point has been .. provided to the adjacent property. Lastly, Policy 7.3 of the TCE requires the provision of safe and convenient on-site traffic flow and the need for adequate parking. Staff is of the opinion that this petition is consistent with this policy. The final traffic circulation system will be reviewed at the time of site development plan review (SDP) or preliminary subdivision plat review (whichever is required). Open Space/Natural Preservation - In excess of.sixty (60) percent of the land area qualifies as open space well above the threshold required by Code. Additionally, approximately 68 acres of natural vegetated area will be preserved representing about 40% of the area of the land containing naturally vegetated areas which is greater than the threshold required by code which is 25%. Therefore, this petition is consistent with the open space/natural preservation elements of the GMP. . Infrastructure - The portion of the subject property within the urban designated area will be connected to the County's sewer and water utility systems. When and if the FLUE is amended to - include the agricultural area within the urban boundary, or until dwelling units may be shifted under a cjustering arrangement then sewer and water _utilities will be further extended to this portion of the PUD. The water management aspects of this project will be reviewed and permitted by the SFWMD. During the si.te development plan approval or platting process any approved plans will be required to be c~nslstent with all relevant provisions of the LDC. This project as structured is consistent with the Sewer and Water utility elements. · ' '" HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an are.a of historical and archaeological pr6bability as referenced on the official Collier County Probability Map.. Therefore, no Historical/Archeological Survey and Assessment is required. AGENDA ITEM JUN 0 8 1999 P~. EVALUATION FOR ENVIRONMENTAL. TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development Environmental and Engineering staff, Public Utilities, Emergency Management and the Transportation Services Department staff. Staff recommendations are included in the development commitments sections of the PUD. This petition was further reviewed and recommended for approval by the EAC on May 5, 1999. Recommended stipulations for approval are now included in the PUD. Staff completed a comprehensive evaluation of this land use petition and the criferia on which a fav6rable determination must be based. This evaluation is intended to provide an objective comprehensive overview of the impact of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Section 2.7.2.5 and 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criteria noted, and are categorized as either pro or con, whichever the case may be. Staff review of each of the criterion is followed by a summary conclusion 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. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future' use plan, and whether or not a rezoning action would be consistent with the Collier County Growth Management Plan and all of its related elements. Other evaluation considerations should include an assessment of adequacy-of transportation, infrastructure (i.e. sewer, water, storm drainage and private utilities) and other infrastructure (i.e. community facilities and:services) and compatibility with adjacent land'uses, a consideration ui~ally dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for furore land uses. Relationship to Future and Existing Land Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. -..-. This Petition is consistent with the FLUE to the GMP because the FLUE designates this area as urban coastal fringe in which a residential density of 1.5 dwelling uses per acre is partly lies in the agriculturally designated area in which a gross density is permitted o one. awe~lm~ unit per five (5) acres. These two density parameters produce a total of 552 dwell! ag umts mr a 4 JUN 0 8 1999 combined density of 0.80 dwelling units per acre. If necessary, this PUD is structured to distribute these dwelling units in a manner consistent with the literal reading of the FLUE at least until such time as an amendment to the GMP is obtained allowing the distribution of authorized dwelling units to occur anywhere on the property. Presently, the Future Land Use Element has been interpreted by staff in such a way that density cannot be shifted fi.om the Residential Urban Fringe Subdistrict to the Agricultural/Rural area. This interpretation does not serve the project well because the majority of the wetlands and existing native vegetation are located in the Urban Residential Fringe District, which makes this area less suitable for urban development than cleared portions of the site in the Agricultural/Rural area. Therefore, residential development spread more uniformly across the site and cjustered in the Rural Area with extensive open spaces surrounding the residential pods depicted on the PUD Master Plan is more preferable to concentrating the majority of the dwelling units in the Urban Residential Fringe District for environmental considerations. Other factors that support the spreading of densities throughout the entire section is that the subject property, Section 1 is the only section contained within the Residential Urban Fringe Subdistrict that is primarily contained within both the Urban Residential Fringe Subdistrict and the Rural Area. This is because the Collier County sewer and water district established their district by bisecting the property. (See Urban Fringe Boundary Plan depicting these subdistricts). The designation of the Residential Urban Fringe Subdistrict bisecting the property in this way is not desirable for optimal use of the property. Nor is it conducive to the unified development of the subject property into one master planned community from a planning perspective, which is more as opposed to the development of isolated or unrelated development tracts that the existing land use designations may encourage. In such a relatively small geographic space it should matter not where the units are spatially arranged. What is more important is the allocation dictated by the best land management and design practices which in the opinion of staff is represented by the PUD Master Plan. Regarding the matter of compatibly and in consideration of the fact that an urban scale subdivision plan of 633 lots zoned RSF-3 abuts the subject property, and an extensive mobile home development, certainly give credence to rethinking urban boundary and sewer and water district boundary lines. This amendment would be similar to the amendment, allowing Fiddlers Creek to expand into the Agriculturally designated area. Additionally th~ entire west boundary of.the subject property abuts a current application for development approval under the process of a Development of Regional Impact (DRI). This project (i.e. Winding Cypress PUD and DRI) is proposed as a development of 2100 dwelling units. 'One cannot reasonably argue that approval of this project is incompatible with development that is approved in the immediate area or intended to come about in the near furore. Timing of development, criteria intended to maximize the utilization of public infi'astructure clearly favors the rezoning of this land to an urban function because all required and supporting urban infrasture is in place (i.e. seer, water, community facilities and services, etc.). Traffic - Analysis for consistency with TCE policies advised that this project will not have a significant impact as measured by TCE policies, and it is therefore technically consi~ tent. generated traffic fi.om the proposed petition will not exceed the significance test stan~ .ard 5 JUN 0 8 1999 of the LOS "C" design volume) on US-41 after trip assignments are made. In addition, the project trips will not lower the level of service below the adopted LOS "C" & "D" standard. Therefore, the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). The TCE lists US-41 as a 2 lane arterial road in the project area. The current traffic count for this road is 4,412 PSDT and is operating at an acceptable level of service (LOS "B"). The Peak Season Daily Traffic was based on the Peak/annual Ratio shown in the County's Transportation Planning Database. While the project does not provide for any interconnects to adjacent property, nevertheless, approval of the master plan will not landlock any other property. Further the property is in excess of 600 acres and will be a gated community, therefore, making any provision for an interconnect meaningless. The major traffic ways plan does not advise of the need for reserving right-of-way anywhere within the boundaries of the property. Transportation engineering stipulations contained within the PUD address the need to install mm lanes at the project entrance on US~41 E. Utility_ Infrastructure (i.e. Sewer. Water. Storm Water - Development occurring at this property will be connected to the County's sewer and water distribution system, evidence which further attests to the timeliness of development of property. All development must comply with surface water management requirements invoked at the time of subdividing or approval of SDP's whichever first occurs. Community Services Support Facilities - Both fire, police and other emergency services can be readily provided from the appropriate provider jurisdiction. The intersection of US-41 and CR-951 lies approximately two (2) miles to the west. A large number of shopping oppommities are available in this area. Master Plan and PUD Development Standards: Master Plan - The master plan iljustrates Land Development Code requirements relative to landscape buffers, and water management facilities via a series of lakes. An internal roadway system serves to establish distinct building areas along the proposed local private street system. ' PUD Regulations/Development Standards - The PUD regulations provide development standards for each type of housing product. These standards are similar to those commonly used throughout the- County. No development within the PUD will occur near a major public highway. 'For purposes of development standards they have applicability primarily internally to the PUD. -External boundaries are all contig~aous to undeveloped areas, nevertheless, thc maximum building height within 100 feet of perimeter lands have a thirty-five (35) foot height limit. Neighborhood' Village' Cent4[ in C, ENDA I Up to 3.5 acres of land may be used for a Commercial ~[eC~ev~ current approved amendments to the FLUE are ultimately approved by the DCA. Thele co~ 6 J JUN 08 1999 facilities will afford 'residents the oppormmty to satisfy the purchase of convenience goods without having to leave their community. STAFF RECOMMENDATION: That the Collier County Planning Commission recommend approval of Petition PUD-99-3 as ~~ the Ordinance of adoption and Exhibits thereto (i.e. Naples Reserve Golf Club~ PUD ~NA~) F. ~VI~O~ ~Jd~P'""--" DATE CURRENT PLANNING MANAGER REVIEWED BY: R6BERT/J. MULHERE, AICP ~_ DATE PL~VIC~MENT DIRECTOR VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Petition Number PUD-99-3 Staff Report for the CCPC meeting, . ...' ~ .;~..: .~ COLLIER COUNTY PLANNING COMMISSION: .'~,~.~':.'.'~dP. .PUD-99-3 STAFF REPORT/H:Drive/md AC~NOA ITEM 7 ./UN 0 8 FINDINGS FOR PUD PUD 99-3 NAPLES RESERVE GOLF CLUB Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' 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. Pro: (i) Public utilities and highways are in place to support the planned uses of the land. Con: (i) Physical characteristics of adjacent land as represented by their use are clearly compatible with the planed use. FJa.OJagl Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the PUD document give assurance that all infrastructure will be develOped and be consistent with County regulations. Any inadequacies which require supplementing the PUD - -document will be recommended to the Board of County Commissioners as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by th~ Growth Management Plan.' 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. Pro/Con: Evaluation not applicable. F_kn_0.i!lgl Documents submitted with the application provide evidence of unified control'. The PUD document makes appropriate provisions for c6nti.nui.ng operat.ion and maintenance of common areas .... '- -. 3. Conformity of the proposed Planned Unit Development with the ggals, objectives and policies of the Growth Management Plan. ~_. Pro: (i) The development strategy described by the PUD is structured to be consistent with all applicable goals, objectives and policies of the - GMP. AGEh~)A ITF=.bl JU I 0 8 i999 Con: (i) None Finding:The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. 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. Pro: (i) Land uses are compatible with adjacent properties. Con: (i) None. Finding:The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of open space separation. External relationships are automatically regulated by the Land Development Code to assure harmonious relationships between projects. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro/Con: Evaluation not applicable. Finding: The amount of open space set aside by this project is greater then 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. Pro/Con: Evaluation not applicable. . Finding: Timing or sequence of development in light of concurrency requirements is not . a significant problem. See finding No. 1, also applicable for this finding. 7. The ability of the subject property and of surrounding~areas _to aCCommodate expansion. -. ' . -~ -. · Pr'o/Con: Evaluation not applicable. . Finding: Ability, 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, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report tclopta~t~l~,tXE~, - the CCPC. Relative to this petition, development of the subject property is because supporting infrastructure is available. JL N 0 8 1999 pg. /~..~*'~ 8. Conformity with PUD 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. Pro/Con: Evaluation not applicable. ~ This finding essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards used for particular housing structures and associated area requirements. FINDINGS FOR PUD-99-3/mk AC3E. NDA I'r~4 3 JUN 0 8 1999 ~,~. /~, REZONE FINDINGS PETITION 99-3 Naples RESERVE GOLF CLUB Section 2.7.2.5. 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 of the Growth Management Plan; Pro/Con: Evaluation not applicable. Summary Findings: .The proposed development is in compliance with the Future land Use Element of the Growth Management Plan for Collier County and all other elements, their objectives and policies. Cjustering the dwelling units within the Agriculturally designated area will only occur in the event the GMP is amended to allow cjustering in the subject area. Companion PUD Findings evaluation as well as the adopted CCPC staff report addresses this same finding. 2. The existing land use pattern; Pro/Con: Evaluation not applicable. SURROUNDING LAND USE AND ZONING: Existing: The property is undeveloped but in large .part is actively farmed. The property is zoned "A" Rural Agricultural. Surrounding: Thc land to the north, east, and west is all undeveloped and zoned "A" Rural Agricultural. To the south the land is vacant as well, except that the west half of the south boundary is platted, and this property is zoned RSF-3 (Naples Isle a recorded subdivision containing 633 lots). The remainder of the land on the south side is zoned "A" Rural Agricultural. Additionally a mobile home park is located near the south property line. AGENDA ITF~" ' 3. The possible creation of an isolated district unrelated to adjacent and~nearby//~.~ districts; z JUN 0 8 1999 Pro/Con: Evaluation not applicable. Summary Findings: The parcel is of a sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts because development of the land simply implements a part of the GMP FLUE Urban Designation, an action which is expected given that timing is appropriate. Availability of adequate infrastructure, nearby urban development, support the timing relationship and justify adopting this PUD and its development strategy. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change; Pro/Con: Evaluation not applicable. Summary Findings: The district boundaries are logically drawn. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary; Pro/Con: Evaluation not applicable. Summary Findings: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element of the GMP) is a positive one. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: (i) Contiguous relationships are largely with agriculturally zoned and undeveloped land. Clearly a compatible relationship when urban development is otherwise timely. Con: (i) None. Summary Findings: The proposed change will not adversely influence living ' conditions in the neighborhood because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. 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: ~,r~NOA ~./?~ 08 1999 Pro: (i) All ingress and egress to the property is via a private roadway extending to US 41 East, which provide for best management practices relative to turn lanes. (ii) No traffic level of service will be abridged by this approval which is the principal criteria for evaluating traffic impacts. Con: (i) None. Summary Findings: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion. Additionally certain traffic management system improvements are required as a condition of approval (i.e. turn lanes, traffic signals, dedications, etc.). In the final analysis all projects are subject to the Concurrency Management system. 8. Whether the proposed change will create a drainage problem; Pro: (i) The project design for storm water management will be designed in accordance with Collier County requirements and the rules and regulations of the South Florida Water Management District. Con: (i) None. Summary Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. In the event area wide deficiencies develop, which deficiencies would be further exacerbated by developing vacant land, the County is required to react through its Concurrency Management system. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro/Con: Evaluation not applicable. Summary Findings: Ail projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed 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 tl ~e ad~acent_/7~' area; J[J~,l [} 8 3 Pg., /? pro; (i) Typically urban intensification increases the value of contiguous underutilized land. Other orientations deal with similar land use, and, therefore, should have no detrimental effect on land value. Con: (i) None. Summary Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable. Summary Findings: The basic premise underlying all of the development standards in the zoning division of the Land Development Code is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement or development of adjacent property. 12. Whether the proposed change will coflstitute a grant of special privilege to an - individual o~vner as contrasting with the public welfare; - Pro/Con: Evaluation not applicable. Summary Findings: The proposed development complies with the Growth management ' Plan~.a public policy statement supporting Zoning actions when they are consistent with said Comprehensive Plan. In light of this fact the proposed change does not constitute a · . grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in _the public interest. 13. Whether there are substantial reasons why the ?roperpy~ 'e. annot be-used in accordance with existing zoning; Pro/Con: Evaluation not applicable. - Summary Findings: The subject property is zoned PUD Planned Unit Development. The revision serves to allow the petitioner to change their PUD strategies to rnnr~ readilY marketable development of the property. JUN 0 ¢, t999 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro/Con: Evaluation not applicable. Summary Findings: The proposed development complies with the Growth Management Plan, a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable for this site. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use; Pro/Con: Evaluation not applicable. Summary Findings: This site is zoned "A" Rural Agricultural. To deny rezoning would be to deny the property owner the right to use the land in a manner consistent with the GMP. 16. The physical characteristics of the property and the degree of site alteration which would be requ ired to make the property usable for any of the range of potential uses under the proposed zoning elaskifieafion; .Pro/Con: Evaluation not applicable. Summary Findings: The site will be altered to the extent necessary to execute the development strategy. 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;. Pro/Con: Evaluation not applicable. Summary Findings; Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. NOTE: ' ': q;MP as used herein means the Collier County Growth Management Plan. FLUE means the Future Land Use Element of the GMP. REZONE FINDINGS PUD-99-3 REZONE FINDINGS/Ink &OaF. l~A ITF. M JUN 0 5 HOLE, MONTES & ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYORS February 10,1999 Mr. Ronald Nino Collier County Planning Services Current Planning Department 2800 North Horseshoe Drive Naples, Florida 34104 Naples Reserve Golf Club HMA File No. 98.52 Dear Mr. Nino: Attached please find 15 copies of an application to rezone 688 acres in Section 1, Township 51 South, Range 26 East. The property is presently zoned for agricultural use. ' The request is to rezone the property to a PUD to permit 552 dwelling units, and two 18 hole golf courses, and various other miscellaneous recreational amenities including Preserve areas. Also please find enclosed a check in the amount of $20,050 to process the petition including a review of the Environmental Impact Statement (ELS), which is included as part of the petition. 1 ) Back.qround The s~bject property is located approximately one mile north of US-41 and 2 rniles east of CR-951 (See location map). ACcess to the subject property is provided through Section 12 from US-41 via an 80-foot private road easement. (See attached PUD Master Plan). Approximately 75% of the subject property has been previously cleared for agricultural use, while the southwest quarter of the property or +170 acres remains undisturbed. ~,GE~A ITF_M JUN 0 8 1999 W:\1998\1998052',rld~%N90210.doc 715 TENTH STREET SOUTH POST OFFICE BOX 1586 NAPLES, FLORIDA 34106 941-262-4617 FAX 941-262-3074 Mr. Ronald Nino Collier County Planning Services HMA File No. 98.52 Page 2 At the present time sewer and water service is available along US-41, which is proposed to be extended to the site to meet the needs of the proposed development within the Residential Urban Fringe District. Lands surrounding the subject property are presently vacant to the north, east, and south and west of the subject property. However, lands to the west and north of the subject property along CRo951 are presently proposed to be developed for a large residential project, which has been submitted as a DRI for three sections of lands. Lands to the south are zoned RSF-3 Residential and Agricultural and have been partially excavated for lakes and future development. In summary, existing conditions on the subject property and existing and planned improvements are conducive to the development of a Iow density golf course community for the subject property. Furthermore, urban development can be expected to commence to the west and north of the subject property in the near future so the proposed request for urban development at this location is logical at the present time. 2) Growth Manaqement Plan The subject property is located in two land use designations depicted on the Future Land Use Map. The attached sketch (Urban Fringe Boundary Exhibit) depicts ,318± acres'in the Residential Urban Fringe Subdistrict and 370± acres in the Agricultural Rural area. Based on a maximum density of 1.5 dwelling units per acre, 478 dwelling units are permitted in the Urban Residential Fringe Subdistdct. Based on density of one dwelling unit per five acres, 74 dwelling units are permitted in the Rural Subdistrict. Therefore, a total of 552 dwelling units for the property within its entirety. The gross density is 1.25 dwelling units per acre. AGENDA ITEM JUN 0 8 I999 1,V:\! 998\1995052~rlcl~,Ng02 ! 0.doc Pg...-~_~ Mr. Ronald Nino Collier County Planning Services HMA File No. 98.52 Page :3 Presently, the Future Land Use Element has been interpreted by County staff in such a way that density cannot be shifted from the Residential Urban Fringe Subdistrict to the Agricultural/Rural area. This interpretation does not serve the project well because the majority of the wetlands and existing native vegetation are located in the Urban Residential Fringe District, which makes this area less suitable for Urban development than cleared portions of the site in the Agricultural/Rural area. Therefore, residential development spread more uniformly across the site and cjustered in the Rural Area with extensive open spaces surrounding the residential pods depicted on the PUD Master P!an is more preferable to concentrating the majority of the dwelling units in the Urban Residential Fringe District for environmental considerations. .----- Other factors that support the spreading of densities throughout the entire section is that the subject property, Section 1 is the only section contained Within the Residential Urban Fringe Subdistrict that is primarily contained within both the Urban Residential Fringe Subdistrict and the Rural Area. This is because the Collier County sewer and water district established their district by bisecting the prpperty. (See the PUD Master Plan depicting these subdistricts and also a copy of Future Land Use Map attached to this correspondence). The designation of the Residential Urban Fringe Subdistrict on the Future Land Use Map bisecting the - property in this way is not desirable for optimal use of the property. Nor is it conducive to the unified development of the subject property into one master planned community from a planning prospective, which is more preferable to the . development of isolated or unrelated development envelopes that the .existing land use designations may encourage. In summary, the proposed Master Plan with its extensive open spaces, preservation of natural resources, and 133 acres of residential pods distributed throughout the entire 688 acres of Section 1, is a reasonable use of the ~rope~NOA ~Trua W:\1998\1998052~rld\ .R?90210.doc JUNO 8 1999 Mr. Ronald Nino Collier County Planning Services HMA File No. 98.52 Page 4 and more preferable to concentrating the majodty of the dwelling units in the Residential Urban Fringe. Additional information will be provided a the time that a request is made to amend the Future Land Use Element to implement the proposed PUD Master Plan. For the aforementioned reasons, the PUD ordinance has been drafted in such a way that the underlying densities permitted in both the Residential Urban Fringe District and the Agricultural/Rural area cannot be exceeded until such time as the Future Land Use Element is amended to allow the shifting of densities between the Urban Fringe and Rural areas. Other provisions of the Future Land Use Element that apply to the Residential Urban Fringe Subdistrict and the subject property include: A. All rezones must be in the form of a Planned Unit Development; and B. Proposed development in the area shall be fully responsible for all necessary water management improvements, including the routing of all on-site and appropriate off-site water through the projects water management system, and a fair share cost of necessary improvements to the CR-951 canal/outfall system made necessary by new development in the area. The application for a PUD for Naples Reserve fulfills the first requirement noted above. With regard to provisions for water management in the Urban Residential . Fringe District the subject property will not outfall into the CR-951 Canal, but rather Henderson Creek; therefore, this provision is not applicable. The extension of sewer and water service is ultimately proposed to be extended throughout the entire property. However; the Utility Element of the Growth Management Plan does not allow extension of County owned utilities in ti' 9 AG£NOA ITE~ JUN 0 8 1999 W:\1998\1998052h'ld~RN90210.doc Mr. Ronald Nino Collier County Planning Services HMA File No. 98.52 Page $ Agricultural/Rural area at the present time. Pending amendments, however, to the Growth Management Plan to provide further guidelines for the cjustering development in the Rural Area on sites greater than 100 acres contemplates the extension of sewer service to serve "cjustered" developments. Therefore, the PUD ordinance is structured in such a way that the extension of sewer and water service will not be permitted to Agricultural/Rural portions of the site until future amendments are made to the Growth Management Plan to permit it in conjunction with cjustered developments in the Rural Area. In summary, the proposed PUD for Naples Reserve can be found consistent with the Collier County Growth Management Plan, as is cjustering within the Rural Area based on previous interpretations made to the Growth Management Plan. As noted, the shifting of densities between the Urban Fringe Residential area and the -Rural Area including the extension of sewer and water service into the Rural Area will be held in abeyance until future amendments are made to the plan. Proposed PUD Master Plan The subject property contains approximately 160 acres of natural vegetated area located in the southwest portion of the property (See aerial photo provided). This ~eget~ted area represents about 25% of gross land area of the subject property' 'with the balance of the property cleared for agricultural deve!opment as previouSly · noted. Therefore, according to Section 3.9, the Vegetation Preservation Requirements of LDC, approximately 40 acres of native vegetation, must be preserved to satisfy this requirement. ThePUD Master plan I~rovides f. or '- approximately 68 acres to be preserved or 40% of the existing native vegetation, The PUD Master Plan further provides for either single or multi-family development on the residential pods depicted on the PUD Master Plan, with building heights up to 50 feet permitted for multi-family structures. However, in order to presl .= w u ~ Mr. Ronald Nino Collier County Planning Services HMA File No. 98.52 Page 6 integrity of adjacent Agricultural/Rural lands, the height of multi-family structures is limited to 35 feet in height within 100 feet of the perimeter of said AgricUltural/Rural lands. The PUD Master Plan further Provides for approximately 75% open space which is substantially in excess of the 60% minimum open space required by the LDC. The PUD ordinance also includes provisions for up to 3.5 acres for a Neighborhood Village Commercial Center within the Urban Residential Fringe district as contemplated by proposed amendments to the Future Land Use Element and amendments to Section 2.2.20 of the LDC, which have yet to be formally adopted by the B.C.C. At such time as these ordinances are in effect, the PUD provisions for Naples Reserve Golf Club will allow for the inclusion of such commercial - facilities within the PUD. The Neighborhood Village Commercial Center, however, has not been designated on the PUD Master Plan, but may be developed at such a time as sufficient market demand may b~ demonstrated for limited commercial uses and all the requirements of Section 2.2.20 of the LDC can meet at a location - ~ompatible with land uses internal to the project. The development of such a neighborhood center is designed to lessen the imPact on adjacent and nearby 'roadways for project residents to purchase convenience goods and services. The following table summarizes the land use tabulations for the proposed Master plan. LAND USE ACRES - ' :.PERCENT "OF TOTAL RESIDENTIAL TRACTS .4-133.0 - - 19.3 % RIGHTS-OF-WAY ~-38.1 5.5% 'LAKES - +119.5 !7.4% - PRESERVE AREAS +68.0 9.9% GOLF COURSE/OPEN SPACE ±315.8 45.9% GOLF COURSE CLUBHOUSE ± 11.4 1.7% _ GOLF COURSE MAINTENANCE +2.2 C'A~A ITEiVl . JUN 0 8 1999 W:\1998\! 998052~'td\RN902 ! 0.doc Mr. Ronald Nino Collier County Planning Services HMA File No. 98.52 Page ? In summary, I trust you will find the rezoning application complete for the Naples Reserve Golf Club and that the development standards proposed that meet or exceed the basic zoning requirements of the LDC as worthy of your support. Thank you for your consideration in this matter and if I can provide you any further information please do not hesitate to contact me. Very truly yours, HOLE, MONTES AND ASSOCIATES, INC. Robert L. Duane, A.I.C.P. Planning Director RLD/asm c.c. Michel Saadeh George Hermanson AGENDA ITEM JUN 0 8 1999 369.64 acres II 318.42 acres /~. ~2BO' 0 500 1000 SCALE FEET SCALE: 1"= 1000' MONTES URBAN FRINGE ~~E.~-~s-,.~.~s-.~vE¥o. B O U N D A R Y 7, s ,o,,, s,..., s..o~..... ~,,o~ - ,,ho..: c,.,) 2.-.,7 EXHIBIT APPLICATION FOR PUBLIC ItE~G FOP,: PUD REZONE Petition N6.: Date Petition Received: Commission District: Planner Assigned: .~BOVE TO BE COMI~LETED BY STAFF !. General Inf0rmatiov; Name of Applicant(s) Naples Reserve Golf Club c/o lqichel Saadeh Applicant's Mailing Address c}8 Vineyards Boulevard City. Naples State FL Zip 34119 Applicant's Telephone # 94!-353-1 ~l Fax # 941-455-5057 N~me of Agent Firm Agent's Mailing Address City. State Zip - Agent's Teiep'none # Fax # COLLIER COUNTY COIVllVU_INri~ DEVELOPMENT PL.a~'T~'ING SERVICES/CURRENT PLAN1N~G 2800 N. HORSESHOE DRIVE*NAPLES, FL 34104 AC, E~A ~r_~ PHONE (941) 403-2400/FAX (941) 643-6968 ~' FoR P~mL.C.~,~m~ ~O~ ~'tm ~ZO_.'~-~,SS JUN 0 8 1999 PAGE ! OF !6 pg. ,,..~0- 2. Disclosure of Intere~;t 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 az well az the percentage of such interest (Use additional sheets if necessary). Name and Adclr~s Percentage of Ownermhip b. If the properly is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Percentage of Stock N/chael Procacci, Chairman 501: Joseph Procacci, Vice President 50~ .~/chel Saadeh, President Robert Rogers~ Secretary]Treasurer c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust '~4th the percentage of interest. Name and Address Percentmge of Intrr~zt APPLICATION ~R PUBLIC HEAR~G FOR PL~ ~NE - PAGE 2 OF 16 d. If thc property is in thc name of a GENERAL or LIMITED PARTNERSHIP, list the name of thc general and/or limited partners. N~m~ and Address Pcrcc-n~gc of Own=mhip N/A ¢. If there is a CONTRACT FOR. PURCHASE, with an individual or individu~.ls, a Corporation, Trustee, or a Partnership, list thc names of thc-contract purchasers below, including the officers, stockholders, beneficiaries, or partners. ' N~m¢ ~nd Address Percentage of Ownership Date of Contract: It: any contingency clause or contract terms involve additional parties, ..list al! individuals or officers, if a corporation, partnership, or mm. Name and Address ~!^ , , , - $. Date subject property a~luir~d (~) leased ( ): 01/26/99I'crm oflCaS~ )~./mos. If, Petitioner h~ option to buy, ~t~ ~te of option: s/~ md · :~ oufion - te~at~: , or ~dcipat~ clos~g ~te ~ ~ - JUN 0 8 1999 PAGE 3 ,7 i C 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 h/s behalf, to submit a supplemental disclosure of interest form. 3: Detailed legal description of the property_ covered by the application: (If spa~¢ 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 recent survey (completed within the last six months, m~imurn 1" to 400' scale) if required to do so at the pre-application meeting. - NOTE: The applicant is responsible for supplying the correct legal description. ~f questions arise concerning the legal description, an enghaeefs certification or sealed survey may be required. Section: ! Township: 51s Range: 26E Lot: Block: Subdivision: Plat Book Page #:__ Property I.D.#: 00723880002 Metes & Bounds Description: See attached Legal Description · 4. Sizeof. propert).,: ?:716 1~.X2.764 1~. =TotalSq. Ft. 7.507,024 Acres688 5. Address/general location ofsubjeetpropert3_': +1.3 re±les east of CR-951, +1 m±le north' of liS-41 6. Adjacent Zoning and land use:' Zoning Land use . . .: :~ N A vacant S - RSF-3 +.A vacant E - A vacant o W- A vacant No._ ~...~../f' ' JO N 0 8 1999 PAGE 40F 16 pg. ~ Docs thc owner of thc subject property own property contiguous to thc subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section-' s 1/2 31 Township: 50s Range: 26E Lot: N/A BIock: Subdivision: Plat Book N/A Page #:__ Property I.D.#: Metes & Bounds Description: See attached Legal Description 7. Rezone Request: This application is requesting a rezone from the A zoning district(s) to the PUD zoning district(S). Present Use ofthc Property: Vaeant/Agr±eultural Proposed Use (orrangcofuses) oftheproperty: Golf Course. Re~dent~ml Development, and Preserve Areas. 8. Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of th6 Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and thc Planning Commiesion's recommendation to the Board of County Commissioners shall be based upon consideration of' the applicable criteria notezl bclo~. Provide a n ..a37ative statement describing the' rezone request with specific reference to thc 'criteria noted below. Include any back-ap materials and documentation in support of the request Standard R~one Considerations (LDC Section 2. 7.2.5) l. Whether the proposed change wvill be consistent with the goals, objectives, and policies and.future land use map and the elements of the growth management plan. 2. The existing land use pattern. 3. The possible creation of an .isolated district unrelated to adjacent and nearby 'istr~'e~r. noa ^,,~,c^no.~ ~or ~.~Ltc.~a,~c ~or ,~ r£~o~. ~ JUN 0 8 1999 PAGE 5 OF ORDINANCE NO. 99- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 160102; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS NAPLES RESERVE GOLF CLUB, FOR A MAXIMUM OF 552 RESIDENTIAL DWELLING UNITS, 3.5 ACRES OF VILLAGE COMMERCIAL AND TWO 18 HOLE GOLF COURSES FOR PROPERTY LOCATED ONE MILE NORTH OF U.S. 41 AND TWO MILES EAST OF C.R. 951, IN SECTION 1, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 688+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert C. Duane, AICP, of Hole, Montes and Associates, Inc., representing Naples Reserve Golf Club, Inc., petitioned the Board of County comrmssioners to change the zoning classification of the herei~ described real property; ; NOW, THEREFORE BE IT ORDAINED by the Board of County comrmssioners of Collier County, Florida: SECTION ONE: The zoning classification of the hereto described real property located m Section l, Township 51 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultural to "PUD" Planned Unit Development m accordance with the Naples Reserve Golf Club PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 160102, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County commassioners of Collier County, Florida, this day of ,1999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: BY: PAMELA S. MAC'KIE, Chairwoman DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency Ma~-o~e M: Student Assistant County Attorney g/admiWsue~PUD-99-03/Resolution k~ ['r~ JUN 0 1999 Pg.,~_~_~ NAPLES RESERVE GOLF CLUB A PLANNED UNIT DEVELOPMENT EXHIBIT A Prepared by: HOLE, MONTES AND ASSOCIATES, INC. 715 Tenth Street South Naples, Florida 34102 February 1999 Revised May, 1999 HMA File No. 1998052 Date Reviewed by CCPC: Date Approved by BCC: '"-' Ordinance No. Amendments & Repeals " ^~£,~,_^ ~ EX~m'r i~ JUN 0 8 1999 TABLE OF CONTENTS Page SECTION I - Statement of Compliance .................................................................................... ' ...... 1 SECTION II - Property Ownership, Legal Description, Short Title and Statement of Unified Control ................................................................................... 3 SECTION III - Statement of Intent and Project Descri.'ption ........................................................... 4 SECTION IV - General Development Regulations ..................................................................... ,...5 SECTION V - Permitted Uses and Dimensional Standards for Residential Development ............. 9 SECTION VI - Permitted Uses and Dimensional Standards for Golf Course Development ...... 13 SECTION VII - Permitted Uses and Dimensional Standards for the Village Neighborhood Commercial Center ........................................................ 15 SECTION VIII - Environmental Standards ................................................................................... 16 SECTION IX - Transportation Requirements ............................................................................... 17 SECTION X - Utility and Engineering Requirements .................................................................. 18 SECTION XI - Water Management Requirements ........................................................................ 20 EXHIBITS - Exhibit A - PUD Master Plan Exhibit B - Legal Description SECTION I Statement of Compliance The development of approximately six-hundred eighty-eight (688) acres of property in Collier County, as a Planned Unit Development, to be known as Naples Reserve Golf Club, will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The residential and recreational facilities of Naples Reserve Golf Club will be consistent with growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: 1. The property is located in both the Urban Residential Fringe District and the Agricultural/Rural area as designated on the Future Land Use Element of the Collier County Growth Management Plan. 2. The purpose of the Urban Residential Fringe Subdistrict is to provide transitional densities between the Urban Residential area designated on the Future Land Use Map and the Agricultural/Rural area. Based on the 318.4 acres within this district that permits a maximum density of 1.5 dwelling units per acre, a total of four-h~ndred and seventy-eight (478) dwelling units are permitted with the Urban Residential Fringe district. 3. The Agricultural/Rural district permits low density residential development amongst other land uses. Based on a density of one (1) dwelling unit per five (5) acres and 369.6 acres located _ within this area seventy-four (74) dwelling units are permitted. The cjustering of development within the Agricultural/Rural area may be found consistent with the Future Land Use Element so as to create more functionally useable open space and to conserve - . .natural resources. 4. A total of 551.56 or five-hundred fifty-two (552) dwelling units are permitted on the * : prolSerty in its entirety and may be found consistent with the Collier County Growth Management Plan including objective 1, of the Future Land Use Element. (See also - Section 5.3 of this Ordinance). 5. The subject property's location in relation to the existing or proposed ec;mmunity facilities and services permits the development's residential density as required in Objective 2 of the Future Land Use Element. .-... 6. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. _ AGENDA ITEM JUN 0 1999 -]. - Pg. 7. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Furore Land Use Element. 8. The project development will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the Future Land Use Element. 9. The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 10. Provisions are incorporated into the PUD for a Neighborhood Village Commercial Center limited to a maximum of 3.5 acres within portions of the property designated for the Residential Urban Fringe District. The Neighborhood Village Commercial Center is designed to minimize external trips to and from the project for limited commercial goods and services. Provisions incorporated into the PUD for the Neighborhood Village Commercial Center are not effective until the FLUE EAR amendments become legally effective. 11. All final Development Orders for this project are subject to the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance. AGENDA ITE~ JUN 0 SECTION II Property Ownership, Legal Description, Short Title and Statement of Unified Control 2.1 Property Ownership The subject property is currently owned by the Naples Reserve Golf Club. 2.2 Legal Description Section 1, Township 51 South, Range 26 East, Collier County, Florida, and, more particularly, described in Exhibit "B". Access is provided through Section 12, Township 51 South, Range 26 East. 2.3 General Description of Property The property is located approximately one mile north of US-41 and one and one half (1 miles east of CR-951. The zoning of the subject property prior to the application for rezoning is Rural Agriculture (A). Physical Description The subject property is currently vacant and approximately seventy-five percent (75%) of the site has been previously cleared for agricultural development. The site currently drains from the northeast to the southwest where the project will outfall to US-41 and then into Henderson Creek. Soil types on site are: (2) Holopaw fine sand, limestone substratum, (3) malabar fine sand, (10) Oldsmar fine sand, (14) Pineda fine sand, limestone substratum, (17) Basinger fine sand, (25) Boca, Riviera, Limestone Substratum, and Copeland Fine Sands Depressional and (49) Hallandale and Boca fine sands. The property is located in two Flood Zones. Approximately sixty percent (60%) of the property is located in Flood Zone (AE-7) and forty percent (40%) is located in Flood Zone X. 2.4 .Shot[ Title ., This ordinance shall be known and cited as the "Naples Reserve Golf Club Planned lJnit Development Ordinance". 2.5 Statement of Unified Control This statement represents that the current property owner has lands under unified control for the purpose of obtaining PUD zoning on the subject property. Development of this Planned Unit Development will occur in accordance with the Planned Unit Development regulations contained herein and any conditions approved with the Rezone P described and agreed tO within the PUD Ordinance. ~,GV.~A ~T~ JUN 0 8 1999 - 3 - ~'g. Zy/t9 SECTION III Statement of Intent and Project Description 3.1 Introduction It is the intent of this ordinance is to establish a Planned Unit Development meeting the requirements as set forth in the Collier County Land Development Code (LDC) that will permit five hundred fifty-two (552) dwelling units for the subject property. The purpose of this document is to set forth guidelines for the future development of the project that meet accepted planning principles and practices, and to implement the Collier County Growth Management Plan. 3.2 Project Description The project is comprised of 688 acres located within the northern half of Section 1, Township 51 South, Range 26 East. Access to Naples Reserve Golf Club is provided from an eighty (80) foot wide easement extending south through Section 12, Township 51 South, Range 26 East to US-41 for a distance of one thousand nine-hundred fifty (1,950) feet. The project will provide for a range of housing types, including single family and multi-family development at a gross density of 0.80 dwelling units per acre and includes two eighteen (18) hole golf courses, a clubhouse and other project recreational amenities. 3.3 Land Use Plan and Project Phasing A. The PUD Master Plan contains one (1) tract for the golf club, thirteen (13) tracts for residential use, and miscellaneous areas and tracts that are proposed to be used for vegetation preservation, recreation, lakes, street rights-of-way, or a Neighborhood Village Commercial Center. The PUD Master Plan is designed to be flexible with regard to the placement of buildings, tracts and related utilities_ and water management facilities. More specific commitments will be made at the' time of site development plan and permitting approval, based on compliance4vith ' ' all applicable requirements of this ordinance, the LDC and Local, State and Federal permitting requirements. All tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this document. B. The anticipated time of build-out of the project is approximately ten (10) years from the time of issuance of the first building permit. JUN 0 8 1999 -4- SECTION IV General Development Regulations The purpose of this Section is to set forth the development regulations that may be applied generally to the development of the Naples Reserve Golf Club Planned Unit Development and Master Plan. 4.1 General The following are general provisions applicable to the PUD Master Plan: A. Regulations for development of the Naples Reserve Golf Club PUD shall be in accordance with the contents of this document, the PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code (LDC) and the Collier County Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements. The developer, his successor or assignee, agree to 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 agreement. 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. All conditions imposed and all graphic material presented depicting restrictions for the development of the Naples Reserve Golf Club PUD shall become part of the regulations that govern the manner in which this site may be developed. - D. Development permitted by the appro~val of this petition will be subject to a concurrency review under the provisions of Div. 3.15 Adequate Public Facilities of the LDC at the earliest or next to occur of either final SDP approval, finaipiat approval, or building permit issuance applicable to this development. E. Unless specifically waived through any variance'or waiver prOvisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. AGENDA ITEM JUN 0 8 t999 -~- 4.2 Site Clearing and Drainage Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County LDC and the standards and commitments of this document at the time of construction plan approval. 4.3 Easements for Utilities Easements, where required, shall be provided for water management areas, utilities and other purposes as may be required by Collier County. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all services and utilities. This will be in compliance with applicable regulations in effect at the time construction plans and plat approvals are requested. 4.4 Amendments to the Ordinance The proposed PUD Master Plan is conceptual in nature and subject to change within the context of the development standards contained in this ordinance. Amendments to this Ordinance and PUD Master Plan shall be made pursuant to Section 2.7.3.5 of the Collier County LDC, as revised, in effect at the time the amendment is requested. 4.5 Project Plan Approval Requirements Exhibit "A", the PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to, or concurrent with PUD approval, a Preliminary Subdivision Plat (if required) shall be submitted for the entire area covered by the PUD Master Plan. All division of property and the development of the land shall be in compliance with the subdivision regulations set forth in Section 3.2 of the LDC. Prior to the recording of the final subdivision plat, when required by the Subdivision. Regulations set forth in Section 3.2 of the LDC, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to ensure compliance with the PUD Master Plan, the County Subdivision Regulations and the platting laws of the State of Florida. Prior to the issuance of a building permit or other development orders, the Provisions of Section 3.3, Site Development Plans shall be applied to all platted parcels, where applicable. Should no subdivision of land occur, Section 3.3 shall be applicable to the development of all tracts as shown on the PUD Master Plan. AGENDA ITEM 4.6 Provision for Offsite Removal of Earthen Material The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If, after consideration of fill activities on buildable portions of the project site, there is a surplus of earthen material, offsite disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the LDC, whereby offsite removal shall not exceed ten (10) percent of the total volume excavated up to a maximum of 20,000 cubic yards. B. A timetable to facilitate said removal shall be submitted to the Development Services' Manager for approval. Said timetable shall include the length of time it will take to complete said removal, hours of operation and haul routes. C. All other provisions of Section 3.5 of the LDC are applicable. 4.7 Sunset and Monitoring Provisions Naples Reserve Golf Club PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approved PUD Master Plans and Section 2.7.3.6 Monitoi'ing Requirements. 4.8 Polling Places - Any public community recreation/public building/public room or similar common facility located within the Naples Reserve Golf Club PUD may be used for a polling place, if - ' determined necessary by the Board of County Commissioners upon recommendation of the Supervisor of Elections in accordance with Section 2.6.30 of the LDC. 4.9 - Nati'.ve Vegetation The project will meet the native vegetation requirements of Division 3.9, Vegetation Removal, Protection and Preservation of the LDC for the subject property. 4.10 Open Space - · In addition to the areas designated on the PUD Master Plan as buffer~ and lakes, open space will be allocated within each subsequent development area. Open space may be in the forrh of landscaping, additional buffers, passive or active recreation areas and water management facilities. The total aggregate of such open space areas shall meet or exceed the open space requirements of Sec. 2.6.32 of the LDC, which is met by open space areas provided for on the PUD Master Plan. JUN 0 8 1999 4.11 Archaeological Resources The developer shall be subject to Section 2.2.25.8.1 of the LDC pertaining to archaeological resources in the event they are contained on the property. 4.12 Common Area Maintenance Common Area Maintenance, including the maintenance of common facilities, open spaces, and water management facilities shall be the responsibility of a home owners' association to be established by the developer. 4.13 Architectural and Site Design Standards - Development of the Village Neighborhood Commercial Center internal to the project shall be subject to Division 2.8 of the LDC. AGENDA ITEM JUN 0 8 1999 SECTION V Permitted Uses and Dimensional Standards for Residential Development 5.1 Purpose The purpose of this Section is to identify permitted uses and development standards for areas within the Naples Reserve Golf Club PUD designated for residential development on the PUD Master Plan, Exhibit "A". 5.2 Maximum Dwelling Units Five hundred fifty-two (552) dwelling units are permitted within the Naples Reserve Golf Club PUD, based on a density of (1.5) dwelling units per acre in the Urban Residential Fringe area and one (1) unit per five (5) acres in the Rural/Agricultural area as set forth in Section I, the Statement of Compliance. 5.3 Distribution of Dwelling Units Dwelling units permitted in the Urban Residential Fringe and Agricultural/Rural area may not exceed their underlying density as set forth in the Statement of Compliance in Section One (1) until such time as the Future Land Use Element of the Collier County Growth Management Plan is amended in such a way that dwelling units may be shifted from the Urban Residential Fringe to the Agricultural/Rural area. 5.4 Cjustering Dwelling units may be cjustered in the Agricultural/Rural area on lots less than one (1) dwelling unit per five (5) acres in accordance with the development standards provided in Section 5.7 of this Ordinance and in areas further depicted on the PUD Master Plan for residential development. 5.5 General Description ,, The PUD Master Plan designates the following uses for areas designated on the PUD Master Plan. TRACT ACRES 1. RESIDENTIAL TRACTS +133.0 19.3% 2. RIGHTS-OF-WAY +38.1 5.5% 3. LAKES +119.5 17.4% 4. PRESERVE AREAS ±68.0 9.9% 5. GOLF COURSE/OPEN SPACE ±315.8 45.9% 6. GOLF COURSE CLUB HOUSE ±11.4 1.7% 7. GOLF COURSE MAINTENANCE ±2.2 0.3% TOTAL ±688.0 100% The approximate acreage of residential tracts is depicted on the PUD Master Plan. Actual acreage of all development tracts including the size and location of the Neighborhood Village Commercial Center will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2, respectively, of the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, recreational amenity areas, water management facilities, and other similar uses found in residential areas. 5.6 Permitted Uses and Structures No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: 1. Principal Uses: (a) Single Family Detached. Dwellings (b) Zero-Lot Line Dwellings (c) Two-family and Duplex Dwellings (d) Single Family Attached and Townhouse Dwellings (e) Multi-family Dwellings, including Garden Apartments (f) A Neighborhood Village Commercial Center in accordance with the .- requirements of Section VII of this Ordinance. ', ' ' ' (g) Any other housing type which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible with residential uses. 2. Accessory Uses and Structures (a) Accessory uses and structures customarily associated with principal residential uses permitted in this district, including recreational facilities, maintenance facilities and clubhouse. JUN 0 8 - 10- pg. ,F_/~ 5.7 Development Standards TABLE 1 DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS PERMITTED USES. ! SINGLE: ZERO LOT TWO FAMILY SINGLE FAMILY MULTI- STANDARDS;: FAMILY!: LINE ' & DUPLEX ATTACHED AND FAMILY ,. )ET^cm; TOW OUSE )W LLING Minimum Lot Areas 6,000 S.F. 3,500 S.F. 3,500 s.F? 3,000 S.F. per du. I AC Minimum Lot Width(2> 60 35 35 30 150 Front Yard 25(5) 15 15 20 25 Side Yard(3) 7.5 (4) 0 or 5 0 or 5 0 or .5 BH' 0 or .5 BH Rear Yard Principal 20 10 15 20 25 Rear Yard Accessory 10 5 5 10 10 MaXimum Building 35 35 35 35 50(7) Height Distance Between N/A N/A N/A 10 .5 SBH Structures Floor Area Min. (SF) 1200 1200 1200 1000 600 All distances are in feet unless otherwise noted. BH = Building Height SBH = Sum of Building Heights 1. Each half of a duplex unit requires a lot area allocation of thirty-five hundred (3,500) S.F. for a total minimum lot area of seven thousand (7,000) S.F. 2 Minimum lot width may be reduced by twenty (20) percent for cul-de-sac lots or lots located on curvilinear streets provided the minimum lot area is still maintained. Accessory uses such as pool enclosures may be attached to principal uses. 4. Where the zero (0) feet yard option is utilized, the opposite side of the structure shall have a five (5) foot side yard. 5. Single-family dwellings which provide for two (2) parking spaces within an ' · enclosed garage and provide for guest parking other than private driveways may reduce front yard requirements to five (5) feet fo~ the garage and fifteen (15) feet for the remaining structures. Side entry garage setbacks may be reduced to twelve (12) feet. 6. Building height shall be the vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the del ~1~ nn~,~A ~w-~Zf mansard roof and to the mean height level between eaves and ridge' )f galate,, hir~ ,/~ and gambrel roofs. Accessory buildings shall be limited to twenty >~0) feet above grade. JUN [1 ~1 10099 -11- 7. Within the Agricultural/Rural portions of the property as designated on the Future Land Use Map and on the PUD Master Plan, building heights shall be limited to a maximum of thirty-five (35) feet within one-hundred (100) feet of adjacent Agricultural/Rural lands. 8. Only one residential dwelling unit type shall be permitted on any tract designated for residential use. Where different dwelling unit types are planned on adjoining tracts, they shall be separated by recreational facilities, common areas, or landscape buffers. 9. Landscaping shall meet or exceed the requirements of Section 2.4 of the LDC. Landscaping and signage shall also be uniform at each signature entranceway into individual tracts, which shall also promote a similar theme throughout the planned development. 10. Perimeter buffers shall only be required for the boundary of each tract at the time it is developed. Buffering may be required during the site plan review process of all or some remaining tracts as determined appropriate by the Development Services Director, based on the type of use and proximity to residential use. 11. All signage shall be in conformance with Division 2.5 of the LDC. 12. All parking shall be in conformance with Division 2.3, Off-Street Parking and Loading. 13. Setbacks shall be measured from the legal boundary of the lot and are inclusive of easements with the exception of easements that comprise a road right-of-way. 14. Within each individual tract, architectural standards shall be unified with regard to colors, roof lines, and textures, so as to create a uniform architectural standard for ' · each individual tract for all multi-family or attached single-family Units. 15. Single or multi-family use is permitted on each tract designated "R" on the PUD Master Plan. AGENDA ITEM JUN 0 8 1999 -12- SECTION Vl Permitted Uses and Dimensional Requirements for Golf Course and Golf Driving Range 6.1 Purpose The purpose of this Section is to set forth the regulations for tract one (1), the Golf Club area, and for the Golf Driving Range, which are depicted on the PUD Master Plan. 6.2 Permitted Uses and Structures No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Club House 2. Golf Course 3. Golf Driving Range 4. Sales Centers and Construction Offices 5. Maintenance/Storage Facilities 6. Any other principal uses and structures customarily associated with Golf Course related uses and are determined to be compatible' by the Development Services Director. B. Permitted Accessor7 Uses and Structures 1. Clubhouses, pro-shop, prac.tice driving range and other customary accessory - uses of golf courses, or other recreational facilities. 2. Small commercial establishments, including gift shops, golf equipment sales, restaurants,, cocktail lounges, and similar uses, intended to exclusively serve patrons of the golf course and other permitted recreational facilities. · ' 3. Multiple tennis courts, shuffleboard courts, swimming pools, and other types of facilities intended for outdoor recreation common to a country club. 4. Roads, pathways, accessory uses and structures custoinarily'ass°ciated With the permitted use, including but not limited to utility stmc/ures, water management facilities, restrooms, maintenance shops and equipment storage facilities, non-commercial plant nursery, and similar related accessory uses. ~ 5. Any other principal uses and structures customarily associated with Golf Course related uses and are determined to be compatible by the AGTENDA FI'EM - Services Director.~ JUN 0 8 6.3 Property Development Regulations A. General Requirements 1. Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas. 2. Buildings shall be set back a minimum of fifty (50) feet from abutting residential districts and the setback area shall be appropriately landscaped and maintained to act as a buffer zone. No parking will be allowed in the buffer. - B. Maximum Height of Structures Three (3) stories, or thirty-five feet. C. Parking As required by Section 2.3 of the Collier County LDC. D. Landscaping As required by Section 2.4 of the Collier County LDC, E. Signage ~ As required by Section 2.5 oft.he LDC. However, two (2) signs with a maximum of one hundred (100) square feet each or one (1) sign with a maximum area of one-hundred sixty (160) square feet shall be permitted at the entrance to the project on US-41. AGENDA ITEM JUN 0 8 1999 -14- .~; SECTION VII Neighborhood Village Commercial Center 7.1 The purpose of this section is to set forth the development regulations that may be applied to the Neighborhood Village Commercial Subdistrict which may be sized up to 3.5 acres in accordance with the FLUE EAR amendments when they become legally effective. The location of the Neighborhood Village Commercial Center may be located on any tract designated for residential uses on the PUD Master Plan that is conveniently located to provide limited commercial goods and services to project residents and meets the locational criteria of Section 2.2.20 of the LDC and is further located only in the Urban Residential Fringe Subdistrict as depicted on the Future Land Use Map. 7.2 Permitted Uses and Structures No building or 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 Those permitted uses in the FLUE EAR amendments when they become legally effective. B. Accessory Uses and Structures Accessory uses and structures customarily associated with permitted uses in the Neighborhood Village Commercial Center. 7.3 Development Regulations All regulations pertaining to locational requirements, parking, landscaping, signage, height, setbacks, design guidelines, and project phasing amongst other requirements shall be those set forth in the FLUE EAR amendments when they become legally effective. AGENDA ITEM JUN 0 8 1999 SECTION VIII Environmental Standards The purpose of this Section is to set forth the environmental commitments of the Project Developer. 8.1 Preserve Areas are generally depicted on the PUD Master Plan and are permitted to be used for open space and passive recreational use only. All preservation areas shall be designated as Preservation Tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Subsection 3.2.8.4.7.3 of the LDC. 8.2 Petitioner shall be subject to the Collier County Growth Management Plan:Policy 12.1.3 contained in the Conservation and Coastal Management Element (discovery of a archaeological or historical site, artifact or other indicator of preservation). 8.3 Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. Buffers shall be provided around 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 Current Planning Environmental Staff. 8.4 Native vegetation preservation shall conform to the requirements of Subsection 3.9.5.5.4 of the Collier County LDC and the Preserve Areas, shall be generally provided for as depicted on the PUD Master Plan, Exhibit A. 8.5 An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site~ with emphasis on the Preservation Area, shall be submitted to the Current Planning Environmental Staff for review and approval prior to Final Site Plan/Construction" ' ' Approval. A schedule for exotic removal within all Preservation Areas shall be submitted with the above-mentioned plan. 8.6 Petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected, species are observed on site, a habitat management plan for these protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Plan/Construction Approval. 8.7 The applicant shall be SUbject to all environmental ordinances in effect at th tim~e~_~24t}/~l~t development order approvals. - - JUN O § {999 - 16- Pg. ~_..~ SECTION IX Transportation Requirements The purpose of this Section is to set forth the transportation commitments of the project development. 9.1 The developer shall provide arterial level street lighting of the project entrance at the intersection of US-41. Such lighting shall be in place prior to the issuance of any Certificate of Occupancy. 9.2 The road impact fee shall be as set forth in Ordinance 92-22 as amended, and shall be paid at the time building permits are issued, uniess otherwise approved by the Board of County Commissioners. 9.3 Internal access improvements shall not be subject to impact fee credits and shall be in place before any certificates of occupancy are issued. 9.4 All traffic control devices used shall conform to the Manual on Uniform Traffic Control Devices as required by Chapter 316.0745, Florida Statutes. 9.5 Roads internal to the project including the eighty foot access road south of the subject property onto US-41 may be private at the option of the developer. 9.6 The developer shall provide left and right turn lanes at the project entrance on US-41, ' prior to the issuance of the first Certificate of Occupancy for the first habitable structure. AGENDA ITEM JUN 08 1999 - 17- pg. , SECTION X Utility and Engineering Requirements The purpose of this Section is to set forth the utilities and engineering commitments of the project developer. 10.1 Utilities A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide sewer service to the project, the sewer customers shall be customers of the interim utility established to serve the project until the County's offsite sewer facilities are available to serve the project or septic tanks meeting the requirements of Florida Statutes may be used on an interim basis. C. Prior to approval of construction documents by the County, the developer must present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the developer to provide sewer service to the project until the County can provide these services through its sewer facilities or septic tanks meeting the requirements of Florida Statutes may be used on an interim basis. D. The utility construction documents for the project's sewerage system shall be prepared to contain the design and construction of an onsite force main, which . will ultimately connect the project to the future central sewerage facilities of Collier County. The force main must be interconnected to the pump station with appropriately located valves to permit for simple redireCtion of the project's sewage, when connection to the County's central sewer facilities becomes available. E. Prior to or at the time of submission of construction plans and final o!at for the project, the potable water supply from the Collier County Water-Se ~ver serve this project shall be installed adjacent to the property and be -18- 10.2 Engineering A. Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless detailed paving, grading, site drainage and utility plans shall be submitted and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. B. A copy of the SFWMD Surface Water Management 'Permit must be received by the Development Services staff prior to any construction drawing approvals. C. Subdivision of the site shall require platting in accordance with Section 3.2 of LDC to define the right-of-way and tracts shown on the PUD Master Plan. D. The developer and all subsequent owners of this project shall be required to satisfy the requirements of all County ordinances or codes in effect prior to or concurrent with any subsei:luent development order relating to this site, including ~ but not limited to Preliminary Subdivision Plats, Site Development Plans and any other applications that will result in the issuance of a final development order. E. The development will provide adeqaate right-of-way for future turn lanes at the - project entrance and the design will be coordinated with the Office of Capital Projects Management. Said improvements will be made prior to the issuance of a - Certificate of Occupancy for the Country Club and related uses including interim clubhouse facilities. AGEI'dDA IT~.lvl No, ./ JUN 0 B 1999 SECTION XI Water Management Requirements The purpose of this Section is to set forth the water management commitments of the project developer. 11.1 Detailed paving, grading and site drainage plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless anduntil approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. 11.2 Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC, except that excavation for water management features shall be allowed within twenty (20) feet from side, rear or abutting property lines with side, rear or abutting property lines fenced. 11.3 Landscaping may be placed within the :water management area in compliance with the criteria established within Section 2.4.7.3 of the LDC. 11.4 The wet season water table elevation shall be established at the time of.South Florida Water Management District permitting, which is required for the subject property. ° AGENDA ITEM -20 - LAND USE SUMMARY L E G E N D R£SlD£N'IIAL 'iRACTS 133.0:1: Ac. 1g.3~; SUBDIS1RICT (~&42 ^C.) SUBDIS'rRICT PRESERVES 66.0~: Ac. 9.9~( (~69.64 AC.) GOCF* COURSE/OPID¢ SPAC~ .~15.8d: Ac. 45.9~ GOLF COURSE Ct. UBHOUSE ~ 11.~:t: Ac. 1.7~ R R~SIDENI~AL GO~F' COURSE MAJNTENANC[ 2.2:1: Ac. 0.~ TOTAL 888:i: Ac. 100~ R~81DEHTIAL DE#$1TY 0 500 1000 Fee'( ~,,m= - ~, (~) zs=-#,:7 MASTER PLAN Exhibit B LEGAL DESCRIPTION SECTION 1, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. W:\1998\1998052~rld~PUD-90210.doc AGENDA ITEIvl JUN 0 8 1999 - 22 - pg. ~ EXECUTIVE SUMMARY PUD-99-05, ALAN D. REYNOLDS, AICP, OF WILSON, MILLER, BARTON & PEEK, INC., REPRESENTING LONG BAY PARTNERS, LLC, REQUESTING A REZONE FROM "A" RURAL AGRICULTURAL WITH "ST" OVERLAYS AND "PUD" PLANNED UNIT DEVELOPMENT (DYNABEL PUD AND LIVINGSTON ROAD COUNTRY CLUB PUD) TO "PUD" TO BE KNOWN AS MEDITERRA PUD FOR A MAXIMUM OF 750 SINGLE AND MULTI-FAMILY DWELLING UNITS, GOLF COURSE AND A VILLAGE CENTER OF 60,000 SQUARE FEET CONTAINING GOLF COURSE RELATED LAND USES, PUBLIC ADMINISTRATION FACILITIES AND A GENERAL STORE FOR PROPERTY LOCATED WEST OF 1-75 ALONG THE LIVINGSTON ROAD EAST/WEST CORRIDOR IN SECTIONS 11 AND 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, CONSISTING OF 943fi ACRES. OBJECTIVE: This petition seeks to rezone certain property currently zoned PUD Planned Unit Development and "A" Rural Agricultural with "ST" Overlay to PUD Planned Unit Development. CONSIDERATIONS: The property is located one mile north of Immokalee Road (CR 846) and west of the future alignment of Livingston Road in Sections 12 and 11, Township 48 South, Range 25 East. The project, titled Mediterra, is designed as a private golf course community, that will include the full range of housing types along with a Village Center intended to provide Convenience goods and services, as well as recreational and community facility uses to residents of Mediterra. The number of housing units will not exceed 750 dwelling units while the Village Center is limited to 60,000 square feet of floor area. Additionally, an extensive system of lakes and natural preserve areas make up the balance of land uses. The Mediterra projects extends into Lee County in which the development strategy is similar to that in Collier County, except that the Lee County portion of the overali plan is less than the area in Collier County and is intended to allow an additional 200 dwelling units. The total number of dwelling units is 950. All of the property lies within the Urban-Mixed Use - Urban Residentially designated area illu~trated on the Future Land Use Map of the FLUE to the GMP. Consistency with elements of the GMP are as follows: ~ Land within the urban residentially designated area may be rezoned to allow the total range of dwelling unit types. This rezoning action is for a mixed use residential development together with a golf course and related recreation amenities, all of which are allowed in the urban residentially designated area. Additionally, PUD's greater than 300 acres and 1,000 dwelling units, and further subject to criteria, may designate a commercial at tract of up to 15 acres. The Mediten t PU]~~ a town center of 15 acres in whibh some of the 15 acres would be used for provi~ lng ~~ JUN 0 8 ~999 ~" convenience goods and services to future residents of Mediterra. This reservation and future use of land is consistent with the intent of these provisions. Currently approved amendments to the GMP tied up in amendments which require resolution by virtue of a settlement agreement with the DCA further provide for and indeed encourage traditi'onal neighborhood shopping and service facilities. ~ As it relates to Collier County, Mediterra will consist of not more than 750 dwelling units on 943+/- acres for a gross density of 0.8 dwelling units per acre. The density rating system authorizes four and three units per acre attributable to the location of the traffic congestion boundary line bi- secting the property in a north/south direction. This being the case, it is apparent that the proposed density is substantially less than is otherwise authorized, and is therefore consistent with the FLUE. Traffic Element: The ITE Trip Generation Manual indicates that the proposed project will generate approximately 5, 570 AADT. Based on the analysis in the TIS, the site generated trips will not significantly impact or adversely impact county or state roadway by lowering the level of service below adopted standards. Open Space/Conservation Element: More than sixty (60) percent of the land area will be set aside as qualifying open space which includes the golf course and water management facilities. In total 544 acres or 58% of the land area, exclusive of open space and landscaped areas, made a part of each residential development as they will be developed in some form of open space. When landscaped areas attributable to housing developments are added, the total amount of open space lands should exceed substantially exceed 60% the threshold established by the GMP for this element. Similarly more than 25% of the viably functioning native registration will be retained, the threshold requirement for consistency with the Conservation element. Preserve areas constitute 186 acres. Development Commitments contained within the PUD give assurance that appropriate permits and procedures will be followed to regulate habitat and wildlife disturbances. Sewer and Water: Mediterra will be connected to Collier County's sewer and water system. All of the land in Mediterra will be connected to a system of sewer and water utilities, which in turn will be- connected to the County's system. These characteristics make the project consistent with the sewer and water element. Stormwater Management Element: The surface water management for Mediterra will be reviewed by the South Florida Water Management District and is therefore exempt fi.om local review and approval. In view of the above staff is of the opinion that approval of the Mediterra PUD as structured by the PUD document and master plan is consistent with all appreciable elements of the Collier County Growth Management Plan. Compatibilil3, - The residential development of the subject land is compati} ~ ,,,;*~' ~":~':-- ' development in the area. Residential development extends to the south boundary of theC~e~iterrx PUD (i.e. Imperial Golf Estates). Additionally, the Livingston Road corridor north of [mrdo"rcalee Road JUN 0 8 1999 is developing with residential uses (i.e. Carlton Lakes and Pelican Strand). Imperial Road/Livingston Road Corridor extending south of Bonita Beach in Lee County also consists of residential development. Only along the west boundary do we have non residential development. This area is zoned Industrial in accordance with the Growth Management Plan. Development proposed for Mediterra along that boundary has one residential tract amounting to less than 50% of the boundary while the remaining boundary relationship is with lake and golf course features. Additional buffering along this boundary as it relates to the residential tract is advisable. 'Inter¢onnectivi _ty - Regarding the matter of interconnectivity staff suggests this project covers such a large land area mass that it is the embodiment of the interconnectivity goal. Mediterra is a project that stems from a land assembly program that included 26 separately owned parcels of land to achieve the size of parcel that it is, and therefore, able to master plan it with a local street system that interconnects all of the original parcels. Just as importantly, however, is the fact that a tree system of interconnectivity is intended to bring about a local street system which would serve to diffuse traffic to the county's arterial road system. Gated communities cannot achieve this goal since they do not allow public access. On the other hand a residential development may still retain elements of security by localizing security gates to the residential development tract while making the collector roads public. Collier County transportation engineering staff has traditionally recommended private streets so that the County has no maintenance obligations. This has worked to the detriment of a local public street system offering more opportunities .to travel from one arterial road to another. In the case of Mediterra, and its relationship to two arterial roads, mainly Livingston Road and Old 41 there maybe some value in establishing a public local collector road through Mediterra to allow a more direct access fi.om Old 41 to Livingston Road and vice-a-versa. This however may not be the best example in support of interconnectivity because of the geometry of Old 41, and the location of the East/West leg of Livingston Road which for all practical purposes serves the same function as would a public collector road through Mediterra. For this reason, staff does not propose to recommend a public collector road through Mediterra but rather recommends moving the time table for constructing the East/West leg of Livingston Road forward. The Collier County Planning Commission heard this petition on May 20, 1999 and unanimously (9 to 0) recommended approval of this petition. No person spoke or otherwise communicated any objection to approval of this petition. FISCAL IMPACT: This PUD by and of itself will not have a fiscal impact on the County. However, if this request meets its objective, the land will be developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. Impact Fees Residential Units Park Impact Fee: $578.00 per unit x 750 du's = $ 433,500 Library Impact Fee: $180.52 per unit x 750 du's = 1 Fire Impact Fee: $0.15 per Sq. Ft. of bldg. area ~1500 SF x 0.15 x 750 = 168,75~J ' JUN 0 8 1999 School Impact Fee: $1,778.00 per unit x 750 du's = 1,333,500 Road Impact Fee: $1,379.00 per unit x 750 = 1,034,250 Radon Impact Fee: $.005 per Sq. Ft. of bldg. area ~.005 x 1500 x 750 = 56,250 EMS Impact Fee: $14.00 per unit x 750 = 10,500 Bldg. Code Adm.: $0.005 per Sq. Ft. of bldg. area ~.005 x 1500 x 750 = 56,250 Micro Film Surcharge: $2.00 per unit x 750 1.500 SUB TOTAL IMPACT FEES $2,195,500 Applicable Fees ~Est. 15.000 sq. ft. Village Center (60.000 square feet) Fire Impact Fee: 0.030 sq. ft. x 60,000 sq. ft. = $ 18,000 Road Impact Fee: $5,000/1000 sq. ft. x 60,000 = 300,000 (i.e. Convenience Mkt. Restaurant Bank, Retail) SUB TOTAL $ 318,000 Golf Course Road Impact Fee 347 x ~ $1,066/acre = $ 369.902 SUB TOTAL $ 369,902 TOTAL $2,883,402 In addition to the impact fees described there are building permit review fees and utility fees associated with County water and sewer connections. Building permit fees have traditionally off-set the cost of administering the community development review process, whereas utility fees are based on their proportionate share of impact to the County utilities. Finally additional revenue is generated by ad valorum taxes. The amount of revenue generated by the ad valorum tax depends on the value of the improvements. At this time, staff has not developed a method to arrive at a reasonable estimate of tax revenue based on ad valorum tax rates. The above discussion deals with revenue streams. Keep in mind, any discussion of fiscal impact analysis is incomplete without an estimates of costs that will be generated by a particular land development project. But, at this time, staff has not developed a method by which to of a particular land development project. Such a model, in our opinion would be rr isle there is no certain way, with respect to housing projects, to determine their value a ~d likelihood that not all of the authorized development will occur. JUhl 0 Regardless of lack of methodologies to determine all of the fiscal impacts of a land development project, development still concurrency relationships or limitations. When levels of service (LOS) fall below County adopted standards, a mechanism is in place that would require that building activities would cease until such a time as additional facilities are provided for by the developer or made available by the County. Certain LOS standards also would require a countywide concurrency determination versus an area or local determination such as for roads. The proposed Club Estates PUD will not cease County LOS to be exceeded. GROWTH MANAGEMENT IMPACT: The approval of this rezoning request is deemed consistent with the requirements of the Collier County Growth Management Plan. A project deemed consistent is considered to have no negative impacts on the objectives and policies of the GMP. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: Th~llier County Planning Commission recommends approval of Petition PUD-99-05 Mediterra as d~§criCed by the Ordinance of Adoption and Exhibits thereto (i.e. PUD document and master plan). / RONALD F. NINO, AICP DATE CURRENT PLANNING MANAGER REVIEWED BY: R DATE / PLANNING SERVICES DEPARTMENT DIRECTOR VINki~'iN~I~A. CAUTERO, AICP, ~MINISTRATOR DATE COMMUNITY DEV. ~D ENVIRONMENT~ SVCS. ~~a ~.~ ~. P~-99-5 EX S~MARY/md ~' /-~ JU~,l 0 8 1999 AGENDA ITEM 7B MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: MAY 10, 1999 RE: PETITION NO: PUD-99-05, MEDITERRA OWNER/AGENT: Agent: Alan D. Reynolds, AICP Wilson, Miller, Barton & Peek, Inc. 3200 Bailey Lane, Suite 200 Naples, FL 34105 Owner: Long Bay Parmers, LLC 3451 Bonita Bay Boulevard Bonita Springs, FL 34134 REQUESTED ACTION: This petition seeks to rezone certain property currently zoned PUD Planned Unit Development and "A" Rural Agricultural with "ST" Overlay to PUD Planned Unit Development. GEOGRAPHIC LOCATION: The property is located one mile north of Immokalee Road (CR 846) and west of the future alignment of Livingston Road in Sections 12 and 11, Township 48 South, Range 25 East. (See location map following page). PURPOSEfDESCRIPTION OF PROJECT: The project, titled Mediterra, is designed as a private golf course community, that will include the full range of housing types along with a Village Center intended to provide convenience goods and services, as well as recreational and community facility uses to residents of Mediterra. The number of housing units will not exceed 750 dwelling units while the Village Center is limi~'~6O,~000''~'~ square feet of floor area. Additionally, an extensive system of lakes and natural preserve ar~ 1 ~ pg.~ ------ up the balance of land uses. The Mediterra projects extends into Lee County in which the development strategy is similar to that in Collier County, except that the Lee County portion of the overall plan is less than the area in Collier County and is intended to allow an additional 200 dwelling units. The total number of dwelling units is 950. SURROUNDING LAND USE AND ZONING: Existing: The property is currently underdeveloped and the property is zoned "PUD" Planned Unit Development and "A-ST" Rural Agricultural with an ST overlay on parts of the agriculturally zoned property. Surrounding: North- To the north the property is located in Lee County but nevertheless is a part of the land area comprising the total Mediterra project. This land is currently undeveloped. East To the east the property is undeveloped with some scattered estate type residential uses, and is zoned "A" Rural Agricultural. ~ South - To the south the property is both developed and .. undeveloped. The Imperial Golf Estates is contiguous the proposed east/west leg of Livingston Road which in mm is contiguous the proposed Mediterra PUD. The Imperial Golf Estates is zoned RSF-3. All other land along the south boundary is zoned "A" Rural Agricultural. . West - To the west the land is both developed with industrial uses, and is partly undeveloped, however, all of the property along the west limit ~ is zoned Industrial. -- GROWTH MANAGEMENT PLAN CONSISTENCY: All of the property lies within the Urban-Mixed Use - Urban Residentially designated area iljustrated on the Future Land Use Map of the FLUE to the GMP. Consistency with elements of the GMP are as follows: ~ Land within the urban residentially designated area may be rezoned to allow the total range of dwelling unit types. This rezoning action is for a mixed use residential development together with a golf course and related recreation amenities, all of which are allowed in the urban residentially designated area. Additionally, PUD's greater than 300 acres and 1,000 dwelling units, and further subject to criteria, may designate a commercial at tract of up to 15 acres. 3 PUD proposes a town center of 15 acres in which some of the 15 acres would be used ['or l~oVidin£ 2 38 1999 ,'i commercial convenience goods and services to future residents of Mediterra. This reservation and future use of land is consistent with the intent of these provisions. ~ As it relates to Collier County, Mediterra will consist of not more than 750 dwelling units on 943+/- acres for a gross density of 0.8 dwelling units per acre. The density rating system authorizes four and three units per acre attributable to the location of the traffic congestion boundary line bi-secting the property ir. a north/south direction. This being the case, it is apparent that the proposed density is substantially less than is otherwise authorized, and is therefore consistent with the FLUE. Traffic Element: The ITE Trip Generation Manual indicates that the proposed project will generate approximately 5, 570 AADT. Based on the analysis in the TIS, the site generated trips will not significantly impact or adver:;ely impact county or state roadway by lowering the level of service below adopted standards. Conversely, the existing PUD zoning on the subject site will generate approximately 7,992 trips. As a result, the requested petition will generate 2,422 less trips per day. Therefore, the difference in trips between the existing zoning and the proposed petition will not create trips that exceed the significance test standard (5 percent of the LOS "C" design volume) on county or state roads. In addition, the project trips will not lower the level of service below the adopted LOS "D" standard. Therefore, the pro_ieet is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element The TCE lists US-41 as a 4 lane arterial road in the project area. The current traffic count for this road fi.om the Lee County Line to Wiggins Pass Road is 24,364 PSDT and is operating at an acceptable level of service (LOS "A"). The segment from Wiggins Pass Road to Immokalee Road has a count of 48,641 and is operating at LOS "F". It should be noted that this 4 lane road segment is scheduled to be improved to, 6 lanes prior to the build-out of the project. As a result, this petition complies with Policy 1.3 ax.d 1.4 of the TCE. The Peak Season Daily Traffic was based on the Peak/Annual Ratio as shOwn in the County's Transportation Planning Database. The primary access to the ske will be from the Livingston Road extension in Collier County. There are other access points fi.om the portion of the project within Lee County. In addition, Policy 7.2 of the TCE encourages the interconnection of local streets between developments when feasible. The PUD' Master Plan indicates that no interconnection points have been provided to the adjacent properties, however, it shm:,ld be appreciated that the size of the PUD, and external relationships show no need to interconnect with adjoining property because it adjoins a proposed arterial road on its south and east boundary, whereas the master plan continues on into land in Lee County along the north boundary. Its west boundary is contiguous to industrially zoned land and any interconnection would not appear advisable. Open Space/Conservation Element; More than sixty (60) percent of the land area will be set aside as qualifying open space wl~ich includes the golf course and water management facilities. In total 544 acres or 58% of the land m'ea, exclusive of open space and landscaped areas, made a part of each residential development as they will be developed in some form of open space. When landscaped A~r..NOA IT'E~-- no./7 JUN 0 8 199, areas attributable to housing developments are added, the total amount of open space lands should exceed substantially exceed 60% the threshold established by the GMP for this element. Similarly more than 25% of the viably functioning native registration will be retained, the threshold requirement for consistency with the Conservation element. Preserve areas constitute 186 acres. Development Commitments contained within the PUD give assurance that appropriate permits and procedures will be followed to regulate habitat and wildlife disturbances. Sewer and Water: Mediterra will be connected to Collier County's sewer and water system. All of the land in Mediterra will be connected to a system of sewer and water utilities, which in turn will be connected to the County's system. These characteristics make the project consistent with the sewer and water element. Stormwater Management Element: The surface water management for Mediterra will be reviewed by the South Florida Water Management District and is therefore exempt from local review and approval. In view of the above staff is of the opinion that approval of the Mediterra PUD as structured by the PUD document and master plan is consistent with all appreciable elements of the Collier County Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. Pursuant to' Section 2.2.25.8.1 of the Land Development Code is during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR ENVIRONMENTAL. TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This includes a review by the Community Development Environmental and Engineering staff, and the Transportation Services Division. These reviews help shape the content of the PUD Document and cause Development Commitments to be formulated to achieve GMP and LDC requirements. Where the petitioner determined to challenge recommended revisions these are identified for final resolution by the Collier County Planning Commission, and County Board of Commissioners. No issues were raised by reviewing staff members' that were not resolved or otherwise provided for in the PUD document. The EAB reviewed this petition relative to their jurisdictional concerns on May 5, 1999. Their recommendations are included in the PUD document. i ..... n,',.~i~O~ ITEM 4 ! NO. t/7~-~ I ] .IUN 0 8 1999 · Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision makers. The evaluation by professional staff should typically include an analysis of the petitioner's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County Growth Management Plan in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a fact of analyzing the relationship of the rezoning action to the long range plan for future land uses. The most important facet of the rezoning action is that it constitutes a legislative statement that authorizes the use of land for a specific development strategy, provided the development of the land can go forward. It may or may not affect the timing of development because of subsequent permitting requirements. Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Sections 2.7.2.5 and 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and form the basis of a recommendation of approval or denial by the Planning Commission once approved and/or otherwise modified to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or cons or not applicable, whichever the case may be, in the opinion of staff. Staff review of each of the criterion is followed by a summary conclusion 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. Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a. rezoning action advise as follows: Relationship to Future and Existing Land Uses o A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. Ali of the property is located within the Urban Residential area of the Future Land Use Map to the FLUE to the GMP. Given the availability of a potable water system and wastewater collection system and the urban influence impacting this area it is timely that this land now be~ urban residential zoning classification recognizing that a major part of Mediterra is no 5 JUN 0 8 1999 Pg. // The location of Mediterra has many aspects of urban in-fill in the sense that urban developed in both counties encircle the property and public infrastructure extends east of the Mediterra development in both Lee and Collier Counties. In-fill development maximizes public infrastructure, and is therefore seen as preferential to a development which tends to require the extension of urban infrastructure. In- fill development also minimizes the tendency for untimely development along the fringes of the urban boundary which encourages urban sprawl. Compatibility_ - The residential development of the subject land is compatible with existing development in the area. Residential development extends to the south boundary of the Mediterra PUD (i.e. Imperial Golf Estates). Additionally, the Livingston Road corridor north of Immokalee Road is developing with residential uses (i.e. Carlton Lakes and Pelican Strand). Imperial Road/Livingston Road Corridor extending south of Bonita Beach in Lee County also consists of residential development. Only along the west boundary do we have non residential development. This area is zoned Industrial in accordance with the Growth Management Plan. Development proposed for Mediterra along that boundary has one residential tract amounting to less than 50% of the boundary while the remaining boundary relationship is with lake and golf course features. Additional buffering along this boundary as it relates to the residential tract is advisable. Traffic - As described under GMP consistency the Mediterra PUD development strategy will not reduce transportation LOS thresholds below the requirements established by traffic element goals, objective and policies and was determined to be consistent with those goals, objectives and policies. The Mediterra PUD makes provision for providing right-of-way for both the North/South and East/West segments of Livingston Road. Specifically 100 feet of ROW is reserved for the North/South segment of Livingston Road and 170 feet of ROW for the East/West segment. Additionally, the petitioners have entered into an agreement with Collier County to construct Livingston Road from Immokalee Road to the Lee/Collier County line. Intereonnectivity - Regarding the matter of interconnectivity staff suggests this project covers such a large land area mass that it is the embodiment of the interconnectivity goal. Mediterra is a project that stems fi'om a land assembly program to achieve the size of parcel that it is and therefore able to master plan it with a local street system that interconnects all of the original ParCels. Just as importantly, however, is the fact that a tree system of interconnectivity is intended to bring about a local street system which would serve to diffuse traffic to the county's arterial road system. Gated communities cannot achieve this goal since they do not allow public access. On the other hand a residential development may still retain elements of security by localizing security gates to the residential development tract while making the collector roads public. Collier County transportation engineering staff has traditionally recommended private streets so that the County has no maintenance obligations. This has worked to the detriment of a local public street system offering more oppommities to travel fi'om one arterial road to another. In the case of Mediterra, and its relationship to two arterial roads, mainly Livingston Road and Old 41 there maybe some value in establishing a public local collector road through Mediterra to allow a more direct access from Old 41 to Livingston Road and vice-a-versa. This however may not be the best example in support of interconnectivity because of the geometry of Old 41, and the location of the Em ~we~~ Livingston Road which for all practical purposes serves the same function as would a p [blic~9.?ector/~7(~ 6 JUN 0 8 1.99 road through Mediterra. For this reason, staff does not propose to recommend a public collector road through Mediterra but rather recommends moving the time table for constructing the East/West leg of Livingston Road forward. Utili _ty Infrastructure - Both public sanitary sewers and municipal water supplies are available to the properly and will be extended as a consequence of future platting to each lot or tract as they are platted. All development must comply with surface water management requirements invoked at the time of subdividing as the case will be for development of this land. The water management system to serve the project will consist of an interconnected lake system. Runoff from the developed areas will be conveyed to the lakes by sheetflow, catch basins, and culvert systems. The lakes will then discharge through control structures into the County's drainage system. Communi _ty Infrastructure and Servic¢,s - Community Infrastructure and Services available are as follows: Fire - South side of Immokalee, near Goodlette-Frank Road and one mile east ofi75. ~ - The nearest public library facility is located on Vanderbilt Beach Road near U.S. 41. County_ Tax Collector Services - These are available at Greentree Center, Immokalee Road and Airport Road. County_ Parks - Veterans Park is the nearest county park. It is located on Immokalee Road just west of Airport Road. Retail. Office and Services Available - Major concentration of retail, offices and services are available at Airport Road/Immokalee intersections, and 1-75/Immokalee interchange areas. PUD Development Standards - Mediterra contains development standards for various housing development strategies that depend upon lot size and housing structure type. PUD's are generally given considerable latitude to establish standards that are different than conventional zoning districts. The assumption being that as long as the standards apply uniformly throughout the PUD that persons investing in real estate know what to expect. The standards employed by this PUD are similar to the standards employed by many PUD's. This type of development has produced desirable end results and they remain attractive communities to this day. The maximum height of buildings is forty (40) feet and thirty-five (35) feet for one-family residences, thirty-five (35) feet for two-family and town houses, and fifty (50) feet for multi-family dwellings. The height of buildings have no particular sensitivity to adjacent development because by and large there is no adjacent residential development. Opposite Imperial Golf Estates, Mediterra is separated by a 200 feet of ROW and golf course development. The PUD document has been structured to bring about harmonious development internally by requiring similar housing types for the entirety of a development tract employing similar development standards. JUN 0 8 1999 pUD Master Plan - It is important to recognize that provision is being made to reserve and dedicate sufficient land for the extension of Livingston Road North/South and East/West segments. Major access points are located on Livingston Road and Old 41 and therefore allow access to the regions arterial road system for residents of the project and access by emergency providers. Cross-Jurisdiction Relationship - The Mediterra PUD crosses County jurisdictional boundaries. The PUD addresses these cross jurisdictional relationships attesting to their resolution. Staff consulted with Collier County emergency providers and received assurances that interlocal agreements in place eliminate cross jurisdictional concerns. During the platting process assurance is given that no lots will be platted so that they are located in more than one county. STAFF RECOMMENDATION: That the Collier County Planning Commission recommend approval of Petition PUD-99-05 being a petition to rezone certain property to the Planned Unit Development district for a project titled Mediterra as described and regulated by the draft Ordinance of Adoption and Exhibits thereto (i.e. P ent and Master Plan). I~ALO F. l~I~b, ~,ICP DATE PLANNING SERVICES MANAGER REVIEWED BY: ROBERT J. MULHERE, AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR APP O~ BY: VINcEI~T"~A. C,~UTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Petition Number PUD-99-05 StaffReport for the May 20, 1999 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: :::::::::::::::::: MI~~,~RUET, CI.-IAIJ~MAN AGENDA ITEM STAFF REPORT/mk No. 8 FINDINGS FOR PUD PUD-99-05 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' 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. Pro: (i) Intensifying land development patterns produces economies of scale relative to public utilities, facilities, and services, which are Currently available in this area. (ii) The extent that location choice is enhanced for residential environments within the urban area reduces the push on urban sprawl. (iii) The subject property is served by a network of arterial roads, all of which are well within the urbanized area providing easy access to a host of community services and facilities. (iv)Comprehensive multi-disciplined analysis supports the suitability of the land for the uses proposed. Con: (i) As with all actions that intensify urban development patterns there is some loss to travel time for users of the same arterial road system. Summary_ Fillding; Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the PUD document give assurance that all infrastructure will be developed and be consistent with County regulations. Any inadequacies which require supplementing the PUD document will be recommended to the Board of County Commissioners as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. 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. ~ (i) Evaluation not applicable. AGEhlDA I'I':EM :]- J U N 0 8 1999 Summary. Finding: 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. Pro: (i) The development strategy for the subject property is entirely consistent with the goals, objectives and policies of the Growth Management Plan. Con.' (i) None. Summary_ Finding: The. subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. A more detailed description of this conformity is addressed in the Staff Report. Additional Finding: The subject property is designated Urban Mixed-Use - Urban Residential on the FLUE to the GMP. As such it authorizes zoning actions aimed at allowing the land to be used for urban residential purposes at the density proposed. This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the Growth Management Plan, as noted below: Future Land Use Element - Consistency with FLUE requirements is further described as follows: Residential Densi _ty - Approval would authorize seven hundred and fifty (750) dwelling units whose density would be 1.27 dwelling units per acre. This is consistent with the density rating system to the FLUE. Land Use - The urban residential subdistrict allows all residential structure types and other uses normally found in a residential environment such as recreational accessory uses and golf course development. Traffic Circulation Element - Analysis of the subject petition concluded with a finding for consistency with the policies of the TCE. Recreation and Open Space Element - Approximately 446 acres or 57% of the land area is to be developed as open space utilizing a system of golf course development, interconnected lakes and preserve area. This area is exclusive of the amount of open space that remains as each development parcel or tract or lot is developed. Said amount of open space is equal to t! :e ?~;~t~, ~ requirement of 60% for residential PUD's exclusive of that open space rel ~ted~_actu~,y,F_ residential development. JUN 0 8 1999 Other applicable element (s) - By virtue of development commitments and master plan development strategy, staff is of the opinion that the Mediterra PUD is entirely consistent with provisions of the Collier County GMP. Staff review indicates that this petition has been designed to account for the necessary relationships dictated by the GMP. Where appropriate, stipulations have been generated to ensure consistency with the GMP during the permitting process. Therefore, this petition has been deemed to be consistent with the Growth Management Plan. 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. Pro/Con: Evaluation not applicable. Summary_ Finding: The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of open space separation. External relationships are automatically regulated by the Land Development Code to assure harmonious relationships between projects. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro/Con: Evaluation not applicable. Summary_ Finding: The amount of open space set aside by this project is greater then 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. Pro/Con: Evaluation not applicable. F_lafliag/Timing or sequence of development in light of concurrency requirements is not · a significant problem. See finding No. 1, also applicable for this finding. 7. The ability of the subject property and of surrounding areas to accommodate expansion. ~ Evaluation not applicable.~ Summary_ Finding: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, charactex ~*;,'- ~c .,-- -- property relative to hazards, and capacity of roads, is supportive of conditie ts er~.anat~ng/7f from urban development. This assessment is described at length in th~ start "report 3 JUN 0 8 1999 adopted by the CCPC. Relative to this petition, development of the subject property is timely, because supporting infrastructure is available. 8. Conformity with PUD 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. Pro/Con: Evaluation not applicable. Sumtnary_ Finding; This finding essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards used for 'particular housing structures and associated area requirements. FINDINGS FOR PuD-99-05/rnk AGEIqDA ITEM no. JUN 0 8 1999 p(~. //O REZONE FINDINGS PETITION PUD-99-05 Section 2.7.2.5. 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 of the Growth Management Plan; Pro/Con: Evaluation not applicable. Summary Findings: The proposed development is in compliance with the Future land Use Element of the Growth Management Plan for Collier County and all other elements, their objectives and policies. Companion PUD Findings evaluation as well as the adopted CCPC staff report addresses this same finding. 2. The existing land use pattern; Pro/Con: Evaluation not applicable. Existing: The property is currently underdeveloped and the property is zoned "PUD" Planned Unit Development and "A-ST" Rural Agricultural with an ST overlay on parts of the agricultural zoned property. Surrounding: North - To the north the property is located in Lee County but nevertheless is a part of the land area comprising the total Mediterra project. This land is currently undeveloped. East - To the east the property is undeveloped with some scattered estate type residential uses, and zoned "A" Rural Agricultural. AGENDA ITEI~ JUN 0 8 1999 South - To the south the property is both developed and undeveloped. The Imperial Golf Estates is contiguous the proposed east/west leg of Livingston Road which in turn 'is contiguous the proposed Mediterra. The Imperial Golf Estates is zoned RSF-3. All other land along the south boundary is zoned "A" Rural Agricultural. West - To the west the land is both developed with industrial uses and is partly undeveloped, however all of the property along the west limit is zoned Industrial. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; -- ~ Evaluation not applicable. Summary_ Findings: The parcel is ora sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts because development of the land simply implements a part of the GMP FLUE Urban Designation, an action which is expected given that timing is appropriate. Availability of adequate infrastructure, nearby urban development (i.e. Imperial Golf Estates, Pelican Strand, Carlton Lakes), support the timing relationship and justify revisiting the PUD and amending its development strategy. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change; ~ Evaluation not applicable. Summary_ Findings: The district boundaries are logically drawn. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary; ~ Evaluation not applicable. _.._ Summary_ Findings: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element of the GMP) is a positive one. JUN 0 8 1999 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: (i) The County's land use policy as reflected by the FLUE supports an action to allow urban residential development. Con; (i) Urban Mixed-Use development may not coincide with resident's desire to maintain a natural atmosphere. Summary_ Findings: The proposed change will not adversely influence living conditions in the neighborhood because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. 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; Pro: (i) Development of the subject property is consistent with provisions of the Traffic Element of the GMP, therefore traffic intensity should not adversely affect the comfort and safety of existing users on adjacent public roads. (ii) Urban intensification is cost effective. (iii) The goal of establishing a more traditional neighborhood with its own convenience services and recreational facilities should constitute a public benefit by discouraging external trips and therefore conserving highway capacity. Con: (i) As urban intensification increases, there is some loss of comfort and east of travel to the motoring public. However, by law this degree of discomfort is regulated by concurrency requirements. Summary. Findings: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion. Additionally certain traffic management system improvements are required as a condition of approval (i.e. mm lanes, traffic signals, dedications, etc.). In the final analysis all projects are subject to the Concurrency Management system. AGENDA ITEI~ m.,/?c JL2 0 8 1999 Pg. r,~y/ 8. Whether the proposed change will create a drainage problem; Pro: (i) Road improvements precipitated by this development and water management improvements to accommodate site development are designed to accommodate the normal drainage requirement. Con: (i) Urban intensification potentially can heighten the occasion for area-wide flooding under the more severe rainfall event. Summary Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. The water management system to serve the project will consist of an interconnected lake system. Runoff fi:om the developed areas will be conveyed to the lakes by sheetflow, catch basins, and culvert systems. The lakes will then discharge through control structures into the County's drainage system. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro/Con: Evaluation not applicable. Summary_ Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed 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; Pro: (i) Urban intensification typically increases the value of adjacent or underutilized land. (ii) Development standards often do not reflect the quality of the project when it actually develops. More often than not developers have structured standards below the actual market response in order to be on the safe side. Con: (i) None. Summary_ Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject properly that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation ms y "0-~ affect value. 4 JUN 0 8 1999 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; pro/Con: Evaluation not applicable. Summary_ Findings: The basic premise underlying all of the development standards in the zoning division of the Land Development Code is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro/Con: Evaluation not applicable. Summary. Findings: The proposed development complies with the Growth management Plan, a public policy statement supporting Zoning actions when they are consistent with said Comprehensive Plan. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summary Findings; The subject property is zoned Rural Agriculture "A" and "PUD" Planned Unit Development. To deny this petition would deprive the owner of any reasonable use of the prOperty consistent with the goals, objectives and policies of the GMP. 14. Whether the change suggested is out of scale with the needs of the neighborhood-or the County; ~ Evaluation not applicable. Summary Findings: The proposed development complies with the Growth Management Plan, a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable for this site. 15, Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use; AGE~,~DA IT~ Pro/Con: Evaluation notapplicable, so. /"/c'~ ,, ',,.I O 8 1999 Summary_ Findings: This site is zoned "A" Rural Agriculture and "PUD" Planned Unit Development. Whether or not there are other similarly zoned residential areas is irrelevant. 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; ~ Evaluation not applicable. Summary_ Findings: The site will be altered to the extent necessary to execute the development strategy. 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; ~ Evaluation not applicable. Summary_ Findings: Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. NOTE: GMP as used herein means the Collier County Growth Management Plan. FLUE means the Future Land Use Element of the GMP. REZONE FINDINGS PUD-99-05/mk AGENDA ITEM 6 JUN 0 8 1999 Petition Number Date APPLICATION FOR PUBLIC HEARING FOR REZONE AND CONDITIONAL USE REQUESTS PUBLIC BEARING BEFORE COLLIER COUNTY COMMUNITY DEVELOPMENT DMSION PLANNING SERVICES 1. Name of Applicant(s): Long Bay Partners, LLC Applicant's Mailing Address: 3451 Bonita Bay Boulevard City: Bonita Springs State: Florida Zip: 34134 Applicant's Telephone Number: (941) 495-1000 Is the Applicant the owner of the subject property? X Yes ['~ No a) If applicant is a land trust, so indicate and name beneficiaries below. If applicant is a corporation other than a public corporation, so indicate b) and name officers and major stockholders below. If applicant is a partnership, limited partnership or other business entity, so c) indicate and name principals below. If applicant is an owner, indicate exactly as recorded, and list all other X d) owners, if any. If applicant is a lessee, attach copy of lease, and indicate actual owners if e) not indicated on the lease. If applicant is a contract purchaser, attach copy of contract, and indicate X f) actual owner(s) name and address below. Long Bay Partners, L.L.C., Charles R. Wilson and Betty Wilson, Sandra O'Neill Page, Joan Margaret Brook and Jennifer Savendra, and Ellen Eve Amster (If space is inadequate, attach on separate page.) 2. Name of Agent: Alan D. Reynolds, AICP Firm: Wilson, Miller, Barton & Peek, Inc. Agents Mailing Address: 3200 Bailey Lane, Suite 200 City: Naples State: -Florida Zip: 34105 Agent's Telephone Number: (941) 649-4040 AGENDA ITEM JUN 0 8 1999 2/I 9/99-53721 Ver 01 !-A Jenkins ~ 02934-013~00 I-ESBM-22707 3. DETAILED LEGAL 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. If property is odd-shaped, submit copies of survey (1" to 400' scale). Legal description for the Collier Coun~ portion of Mediterra is attached. THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTION: 11 and 12 TOWNSHIP: 25E RANGE: 48S 4. Size of Property: ft. x ft. Acres: 943+ in Collier Co. 5. Address or location of subject property: The Collier County portion of Mediterra is located north of Immokalee Road, along the Livingston Road corridor. 6. Existing Land Elevation: 11 to 14 County Flood Criteria Elevation: Zone X 7a. Date subject property acquired X or leased ['~; 25 day of March, 19 98 7b. If Petitioner has Option to buy, indicate date of option: and date option terminates: 8. Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page.) See attached "Lee County RPD" Legal Description, "Livingston 10 Acre Out-parcel" Legal Description, and "Wilson Parcel" Legal Description ~_ 9. This application is intended to cover: (Cheek which type of petition you are requesting): X A. Rezoning: Present Zoning: PUD and A Requested Zoning: PUD for: [-] 13. Conditional Use: of: Zoning for: - AGENDA ITEId JUN 0 8 1999 2/19/99-5372! Vet: Ol!-AJenkins 02934-013-001 -ESBM-22707 pg. 10. Reason why application should be approved. (Attach additional sheets if necessary.): See attached "Reason why application should be approved" 11. Is proposed use prohibited by deed restrictions? [-'] Yes. 3[ No If yes, provide copy of the deed restrictions. 12. Is this request a result of a violation? ~] Yes X No If so, to whom was the notice served? 13. Has a public hearing been held on this propei'ty within the last year? no If so, in whose name? 14. Are there existing structures on the property? yes TYPE: CBS X, FRAME 3[, MOBILE HOME 3[, OTHER 3[ AFFIDAVIT I, 'Dovid ~4. ~-roho. rn being first duly sworn, depose and say that I, the authorized representative of the owner and contract purchaser of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand this application must be complete and accurate before a hearing can be advertised. I further permit the undersigned to act as my representative in any matters regarding this Petition. ~Jignature of (JXvner V ic.~'~s~'c(en t: Signature of Agent c ~ STATE OF FLORIDA COUNTY OF COLLIER The foregoing Application was acknowledged before me this i ~ day of ~gt'tJ.t~r~/ ,199Q, by [~riVicl ~. ~~ who is personally known to me ~ a: ~entificat:,~n and who ~did not) ~e an oa~. · ,'~'~: ~ MICHAE~ A. ~NES (Signature ofNota~ Publ MICHAELE A. JONES II~;~{J EXPIRES: September 17, 2~2 ~ ' 1 [ J N081999 ~18~-53721 V~: 01]-~enkins ' 3- l- .' Reason Why Project Should Be Approved Mediterra is an in-fill project located in north Collier County and south Lee County. A Binding Letter of Interpretation has been carefully considered by the Southwest Florida Regional Planning Council, the Deparunent of Community Affairs (DCA), Lee County and Collier County. Upon full review of the project, DCA determined there are no regionally significant impacts and therefore issued a Binding Letter, approving up to 950 units, 36 holes of golf and a village center. Mediterra is consistent with the Collier County Comprehensive Plan. The Collier County portion of Mediterra includes two approved PUDs which are authorized to contain up to 1,140 dwelling units on 677 acres. Long Bay Partners plan of development for the Collier County portion of Mediterra calls for a maximum of 750 dwelling units on 944 acres. Mediterra allows for a unified plan-of development rather than piecemeal development. The unified plan preserves and enhances important natural resources that could have otherwise been segregated through separate development. Another benefit of the applicant's combining of many smaller parcels into one master planned project, is that it has enabled the completion of the northern segment of Livingston Road. The timely construction of Livingston Road will reduce thc costs of construction and right-or-way acquisition, will ensure completion prior to the expiration of costly environmental permits, ensures that the road will be in place when needed for concurrency, and will provide and alternative to US 41 when US 41 construction is underway north of Old 41. AGENDA ITEM No. /7 ~ JUN 0 8 1999 2/19/99-53721 Vet: 01 !-A Jenkins 02934-013-O01-ESBM-22707 MEDITERRA A PLANNED UNIT DEVELOPMENT PREPARED FOR LONG BAY PARTNERS, LLC FEBRUARY, 1999 AGENDA ITEM 5/12/99-5~046 Vet: 03.-A Jenkins o%;.~7.%.Es,~,.==9~o JUN 0 8 1999 MEDITERRA A PLANNED UNIT DEVELOPMENT Approximately 943+ Acres Sections 11 and 12 Township 48 South, Range 25 East Collier County, Florida PREPARED FOR: Long Bay Partners, LLC 3451 Bonita Bay Boulevard, Suite 202 Bonita Springs, FL 34134 PREPARED BY: WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, Florida 34105 EXHIBIT A - DATE FILED 2/17/99 DATE APPROVED BY CCPC 5/20/99 DATE APPROVED BY BCC ORDINANCE NUMBER AGENDA ITEM ~ /?C JUN 13 8 1999 02934-O07 -O01 -ESB M .22959 TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE ii SECTION I GENERAL DESCRIPTION 1-1 SECTION II PROJECT DEVELOPMENT 2-1 SECTION III RESIDENTIAL DISTRICT 3-1 SECTION IV VILLAGE CENTER 4-I SECTION V RECREATION and OPEN SPACE DISTRICT 5-1 SECTION VI PRESERVE DISTRICT 6-1 SECTION VII GENERAL DEVELOPMENT COMMITMENTS 7-1 SECTION VIII CROSS JURISDICTIONAL PROVISIONS 8-1 EXHIBIT A LOCATION MAP EXHIBIT B MEDITERRA MASTER PLAN (Collier County) (WilsonMiller File No. D-2934-54) EXHIBIT C MEDITERRA MASTER PLAN (Collier County and Lee County) (WilsonMiller File No. D-2934-66) EXHIBIT D MEDITERRA RIGHT-OF-WAY TYPICAL SECTIONS AGENDA IIT~ JUN 0 B 1999 ii STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of Long Bay Partners, LLC, hereinafter referred to as LBP, to create a Planned Unit Development (PUD) on 943+ acres of land located in Sections 11 and 12, Township 48 South, Range 25 East, Collier County, Florida. The name of this Planned Unit Development shall be Mediterm. The development of Mediterra will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the growth policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: 1.1 The subject property is within the Urban Mixed Use Residential District as identified on the Future Land Use Map as required in Objective 1, of the Future Land Use Element (FLUE). The purpose of the Urban Mixed Use Residential District is to accommodate the majority of population growth in an area with relatively few natural resource constraints and where existing and planned public facilities are concentrated. 1.2 The Growth Management Plan qualifies the subject property for maximum density of four units per acre. The proposed residential density for the Collier County portion of Mediterra is 0.8 units per acre, which is less than the maximum allowable density, and therefore is consistent with and complies with the FLUE Density Rating System. 1.3 The commercial uses within the Village Center District are consistent with the adopted EAR based amendments to the FLUE, but cannot be developed until the ordinance adopting the EAR based amendments addressing the proposed Village Center commercial uses becomes effective. 1.4 Mediterra is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 1.5 Improvements are planned 'to be in compliance with applicable land development- regulations as set forth in Objective 3 of the FLUE. 1.6 The development of Mediterra will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the FLUE. 1.7 Mediterra is a large scale functionally interrelated community, and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code (LDC) Planned Unit Development District. SHORT TITLE This ordinance shall be known and cited as the "MEDITERRA PLANNED UNIT DEVELOPMENT ORDINANCE". JUN 0 8 1999 1-1 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this section is to set forth the legal description and ownership of Mediterra, and to describe the existing condition of the property proposed to be developed. Mediterra is located within Lee and Collier Counties, however the PUD jurisdiction applies only to the property located in Collier County. 1.2 LEGAL DESCRIPTION The north half (N½) of the west half (W½) of the west half (W½) of Section 11, TOwnship 48 South, Range 25 East, Collier County, Florida Containing 80.57 acres more or less. and; North ½ of the north ½ of the northwest ¼ of the southwest ¼ of Section 11, Township 48 South, Range 25 East, Collier County, Florida Containing 10.09 acres more or less. and; North ½ of the south ½ of the northwest ¼ of the southwest ¼ of Section 11, Township 48 South, Range 25 East, Collier County, Florida Containing 10.09 acres more or less. and; The south ½ of the north ½ of the northwest ¼ of the southwest ¼ of Section 11, Township 48 South, Range 25 East, Collier County, Florida. Containing 10.09 acres more or less. - and; The south ½ of the south ½ of the northwest ¼ of the southwest ¼ of Section 11, Township 48 South, Range 25 East, saving and reserving the west 50 feet thereof for roadway purposes for ingress and egress of grantors and grantees and adjacent property owners. Containing 10.09 acres more or less. and; The Southeast ¼ of the Southwest ¼, less the South 30 feet thereof, of Section 11, Township 48 South, Range 25 East, Collier County, Florida. and; /AGENDA I~-rr"~ JUN 0 8 1999 1-2 The Southeast ¼ of the Northwest ¼; The Southwest ¼ of the Northeast ¼; The Northwest ¼ of the Southeast ¼; and the Northeast ¼ of the Southwest ¼; Less the North ½ of the Southwest ¼ of the Northeast ¼ of the Southwest ¼ of Section 11, Township 48 South, Range 25 East, Collier County, Florida Containing 195 acres more or less. and; The North ½ of the Southwest ¼, of the Northeast ¼ of the Southwest ¼ of Section 11, Township 48 South, Range 25 East, Collier County, Florida Containing 5 acres more or less. and; The Northeast ¼ of the Northwest ¼ and the Northwest ¼ of the Northeast ¼ of Section 11, Township 48 South, Range 25 East, Collier County, Florida. Containing 80.40 Acres more or less. and; A parcel of land located in Sections 11, 12 and 13, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Beginning at the southeast comer of the southwest ¼ of Section 12, Township 48 South, Range 25 East, Collier County Florida; thence run North 00°52'07'' West along the east line of said southwest ¼ of Section 12, for a distance of 2631.75 feet to the center of said Section 12; thence continue North 00°52'07" West along the east line of the southeast ¼ of the northwest ¼ of said Section 12, for a distance of 1316.77 feet to the northeast comer of the southeast ¼ of the northwest ¼ of said Section 12; thence mn South 88054'06" West along the south line of the southeast ¼ of the northeast ¼ of the northwest ¼ of said Section 12, for a distance of 662.28 feet to the southwest comer of the southeast ¼ of the northeast ¼ of the northwest ¼ of said Section 12; thence mn North 00050'22" West along the west line of the southeast ¼ of the northeast ¼ of the northwest ¼ of said Section 12, for a distance of 658.71 feet to the north%est comer of the southeast ¼ of the northeast ¼ of the northwest ¼ of said Section 12; thence mn North 88 °55'45" East along the north line of the southeast ¼ of the northeast ¼ of the northwest ¼ of said Section 12, for a distance of 661.95 feet to the northeast comer of the southeast ¼ of the northeast ¼ of the northwest ¼ of said Section 12; thence mn North 00°52'07" West along the east line of the northwest ¼ of said Section I2, for a distance of 658.39 feet to the northeast comer of the northwest ¼ of said Section 12; thence mn South 88057'20" West along the north line of the northwest ¼ of said Section 12, for a distance of 2646.45 feet to the northwest comer of the northwest ¼ of said Section 12; thence mn South 00o45'07'' East along the west line of the northwest ¼ of said Section 12, for a distance of 1319.36 feet to the northeast comer of the southeast ¼ of tl' Ar.~A northeast ¼ of Section 11, Township 48 South, Range 25 East; no, JUN 0 B 1999 Pi. 1-3 thence run South 88054'42'' West along the north line of the southeast ¼ of the northeast ¼ of said Section 11, for a distance of 1325.63 feet to the northwest comer of the southeast ¼ of the northeast ¼ of said Section 11; thence run South 00045'23" East along the west line of the southeast ¼ of the northeast ¼ of said Section 11, for a distance of 1320.39 feet to the southwest comer of the southeast ¼ of the northeast ¼ of said Section 11; thence nm South 0045'04" East along the west line of the northeast ¼ of the southeast ¼ of said Section 11, for a distance of 1321.73 feet to the southwest comer of the northeast ¼ of the southeast ¼ of said Section 11; thence nm South 88°46'37'' West along the north line of the southwest ¼ of the southeast ¼ of said Section 11, for a distance of 1325.33 feet to the northwest comer of the southwest ¼ of the southeast ¼ of said Section 11; thence nm South 00045'39" East along the west line of the southwest ¼ of the southeast ¼ of said Section 11, for a distance of 1323.80 feet to the southwest comer of the southeast ¼ of said Section 11; thence nm North 88°41'15" East along the south line of the southeast ¼ of said Section 11, for a distance of 2650.25 feet to the northwest comer of Section 13, Township 48 South, Range 25 East; thence nm South 00043'28" East along the west line of the northwest ¼ of said Section 13, for a distance of 675.60 feet to the southwest comer of the northwest ¼ of the northwest ¼ of the northwest ¼ of said Section 13; thence nm North 88038, 13" East along the south line of the northwest ¼ of the northwest ¼ of the northwest ¼ of said Section 13, for a distance of 664.12 feet to the southeast comer of the northwest ¼ of the northwest ¼ of the northwest ¼ of said Section 13; thence nm North 00°41 '49" West along the east line of the northwest ¼ of the northwest ¼ of the northwest ¼ of said Section 13, for a distance of 675.07 feet to the northeast comer of the northwest ¼ of the northwest ¼ of the northwest ¼ of said Section 13; thence nm North 88°41 '00" East along the south line of the southwest ¼ of Section 12, Township 48 South, Range 25 East, for a distance of 1993.31 feet to the Point of Beginning. Less and excepting therefrom the Northwest ¼ of the Northwest ¼ of the NorthWest ¼ of said Section 13. Containing 472 acres more or less. and; The Northeast ¼ of the Northeast ¼ of Section 11, Township 48 South, Range 25 East, Collier County, Florida, O.R. Book 2211, page 606 Containing 40 acres more or less. and; The North ½ of the North ½ of the Southwest ¼ of the Southwest ¼ of Section 11, Township 48 South, Range 25 East, Collier County, Florida Containing 10 acres more or less. and; No. 1-4 The South ½ of the North ½ of the Southwest ¼ of the Southwest ¼ of Section I 1, Township 48 South, Range 25 East, Collier County, Florida Containing 10 acres more or less. and; The North ½ of the South ½ of the Southwest ¼ of the Southwest ¼ of Section 11, Township 48 South, Range 25 East, Collier County, Florida Containing 10 acres more or less. 1.3 PROPERTY OWNERSHIP The subject property is currently under the equitable ownership of, or contract with LBP, or their assigns, whose address is 3451 Bonita Bay Boulevard, Suite 202, Bonita Springs, FL 34134. 1.4 GENERAL DESCRIPTION OF PROPERTY A. Mediterra is an in-fill project to be developed on 1,435 acres located west of 1-75 in north Collier County and south Lee County. Approximately 943+ acres of the project are in Collier County and the remaining acres are in Lee County. The PUD jurisdiction applies only to the property located in Collier County. B. The Collier County project site is located in Sections 11 and 12, Township 48 South, Range 25 East, and is generally bordered on the west by Industrial and Residential zoned property and Old US 41; on the north by Lee County Agricultural zoned property; on the east by Agricultural zoned property; and on the south, by RSF-3 (Imperial Golf Estates) zoned property and Agricultural zoned property. The location of the site is shown on Exhibit "A". C. The zoning classification of the subject property at the time of PUD application is Agricultural with ST overlay and PUD. - D. Elevations within the site vary from approximately 11 to 14 feet-NGVD. The project is located outside the 100-year floodplain. Specifically, the Project is located within Zone X of the FEMA Flood Insurance Rate Map (panel numbers 120067 0185D, 0191D, and 0195D, dated June 3, 1986). E. According to the Collier County Soil Survey prepared by NRCS, 14 soil units are present on the project site. These units, all of which are common to Collier County and southwest Florida, include the following: Malabar fine sand; Riviera-limestone A substratum/Copeland fine sand; Immokalee fine sand; Hallandale fine sand; Pineda fine sand-limestone substratum; Basinger fine sand; Riviera fine sand-limestone substratum; Boca fine sand; Boca/Riviera-limestone substratum/Copeland fine sand, AGENDA i'r~M 1-5 depressional; Holopaw fine sand; Urban land-Holopaw/Basinger complex; Satellite frae sand; Urban land-Satellite complex; and Hallandale/Boca fine sand. Vegetation on site primarily consists of pine flatwoods with palmetto subcanopy, pine flatwoods with graminoid subcanopy, cypress-pine-cabbage palm, melaleuca, fallow agricultural land, and other open agricultural lands. Exotic vegetation (i.e., Brazilian pepper and melaleuca) has invaded most habitat types. The levels of infestation of melaleuca and Brazilian pepper have increased significantly since the original site mapping. Many of the wet prairies, pine flatwoods, pine graminoid and pine-cypress-cabbage palms habitats have been heavily invaded by melaleuca and/or Brazilian pepper. A detailed vegetative inventory and FLUCCS map is included. F. The Project is located within the Cocohatchee River Basin (Class II) as depicted within the Collier County Drainage Atlas (June 1998). 1.5 DEVELOPMENT OF REGIONAL IMPACT LBP has received a Binding Letter of Interpretation of DRI status from the Florida Department of Community Affairs (DCA) determining that the project is not a DRI and will result in no regionally significant impacts. At the time the binding letter was received, the project was known as Toulon. 1.6 DENSITY A. Mediterra is to be developed on 1,435 acres in north Collier County and south Lee County. The number of dwelling units authorized to be built pursuant to the DCA's binding letter, dated February 5, 1999, is 950 units. The gross project density, therefore, will be a maximum of 0.65 units per acre. The number of dwelling units to be built in Collier County pursuant to this PUD will not exceed 750. B. At all times all property included within Mediterra as described in Section 1.2 shall be included in determining the Collier County project area density. AGENDA ITEM JUN 0 8 1999 2-1 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for Mediterra, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. Mediterra, a private golf course community, will include a range of single family and multi-family housing along with a Village Center, which will provide many services and facilities that support its residents, including, but not limited to club facilities, community meeting rooms, small scale neighborhood retail goods and services, and a recreation and aquatic center. B. 'The Master Plan is iljustrated graphically on Exhibit "B" (WMB&P, Inc. File No. D-2934-54). A Land Use Summary indicating approximate land use acreages is shown on the plan. The location, size, and configuration of individual tracts shall be determined at the time of Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat approval, in accordance with Section 3.2.7.2, of the LDC. 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of Mediterra shall be in accordance with the contents of this PUD Ordinance, and to the extent they are not inconsistent with this PUD Ordinance, applicable sections of the LDC and Collier County Growth Management Plan which are 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, Excavatiofi Permit and Preliminary Work Authorization. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the . LDC that is otherwise applicable shall apply. B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. ~_. C. Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance, Division 3.15 of the LDC, and the Developers Contribution Agreement dated February 17, 1998, as amended, with resI ~'* *~' r,,~ AGENDA I'I~=M impact fee credits and the vesting of Certificates of Public Facilities Adec .tacy6~o../?C~ JUN 0 8 1999 2-2 D. Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other applicable sections of the Land Development Code remain in effect with respect to the development of the land which comprises this PUD. E. All conditions imposed herein are part of the regulations which govern the manner in which the land may be developed. F. The Subdivisions Division of the LDC (Article 3, Division 3.2) shall apply to Mediterra, except where .an exemption is set forth herein or otherwise granted pursuant to Land Development Code Section 3.2.4. G. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply to Mediterra, except where an exemption is set forth herein or otherwise granted pursuant to Land Development Code Section 3.3.4. H. For purposes of the various impact fee ordinances, residential uses, other than the conventional single family detached dwellings, shall be classified as either multi- family or condominium/townhouse 'in accord with definitions of the applicable impact fee ordinance. 2.4 COMMUNITY DEVELOPMENT DISTRICT LBP may elect to establish a Community Development District (CDD) to provide and maintain infrastructure and community facilities needed to serve the Project. Such a CDD would constitute a timely, efficient, effective, responsive and economic way to ensure the provision of facilities and infi'astmcture for the proposed development. Such infrastructure as would be constructed, managed and financed by such a CDD shall be subject to, and shall not be inconsistent with, the Collier County Growth Management Plan and all applicable ordinances dealing with planning and permitting of Mediterra. B. The land area is amenable to infrastructure provision by a district that has the powers set forth in the charter of' a Community Development District under Section 190.006 through 190.041, Florida Statutes. Such a district is a legitimate altemativ, e available both to the County and to the landowner for the timely and sustained provision of quality infrastructure under the terms and conditions of County development approval. 2.5 ROADWAYS Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during Preliminary Subdivision Plat approval. LBP reserves the righ '[~, substitutions to Code design standards in accordance with Section 3.2.7.2 of the ,DCNo~. BP/ retains the right to establish gates, guardhouses, other access controls, signs and nonuments JU:I 0 8 1999 2-3 as may be deemed appropriate by LBP on all privately owned and maintained project roadways. A. Roadways within Mediterra shall be designed and constructed in accordance with Section 3.2.8.4.16. of the LDC with the following substitutions: 1. Street right-of-way width: The minimum right-of-way width to be utilized for a local street within Mediterra shall be forty (40) feet. 2. Intersection radii: Street intersections shall be provided with a minimum of a twenty (20) foot radius (face of curb) for all internal project streets and a thirty-five (35) foot radius for intersections at project entrances. 3. Reverse cUrVes: Tangents shall not be required between reverse curves on any project streets. 4. Cul-de-sac radius: The minimum right-of-way radius to be utilized shall be fifty-five (55) feet. B. Sidewalks/bike paths shall conform with Subsection 3.2.8.3.17 except as follows: 1. The Mediterra loop road shall be considered a minor collector street and shall have an eight feet (8') wide pathway on one side of the street that will meander in and out of the right of way. 2. Both project entrance streets shall require a sidewalk or bikepath on one side of the street. 3. All cul-de-sacs shall not be required to have a sidewalk or bikepath provided the following conditions are satisfied: a) the right-of-way section shall include two ten foot (10') wide travel lanes, with two foot (2') mountable curbs, and b) the gross density of the cul-de-sac shall be less than two.(2) units per acre. 2.6 LAKE SETBACK AND EXCAVATION A. An excavation permit will be required for the proposed lakes in accordance with Division 3.5 of the LDC and SFWMD roles. The minimum lake setbacks from lakes to roadways shall be 20 feet from the back of the non-mountable (barrier) curb to the edge of water. Upon approval by the Community Devel~ AGEI~DA ITEM Environmental Services Administrator, equal substitutes to nor JUN 0 8 1999 Pg. 2-4 (barrier) curb will be allowed. The minimum lake setback from lakes to the Project boundary shall be 20 feet. B. Upon receipt of a development excavation permit, all lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1, however removal of fill and rock from Mediterra shall be administratively permitted in an amount up to 10 percent per lake (20,000 cubic yards maximum), unless a commercial excavation permit is issued. C. Excavation for Livingston Road construction north of Immokalee Road and off- site hauling of rock and fill materials shall be a permitted use within this PUD subject to the receipt of a development excavation permit which shall be administratively processed by the Community Development and Environmental Services Administrator. D. Commercial excavation and offsite hauling of up to 500,000 cubic yards of rock and fill materials shall be a permitted use within this PUD subject to the receipt of a commercial excavation permit which shall be administratively processed by the Community Development and Environmental Services Administrator. 2.7 USE OF RIGHTS-OF-WAY Utilization of lands within all project rights-of-way for landscaping, decorative entrance ways, and signage shall be allowed subject to review and administrative approval by LBP and the Collier County Development Services Director for engineering and safety considerations during the development review process and prior to any installations. 2.8 MODEL HOMES/SALES CENTERS/CONSTRUCTION OFFICES Model homes, sales centers, sales offices, construction offices, and other uses and structures related to the promotion and sale of real estate including, but not limited to, pavilions,- viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout Mediterra. These uses may be either wet or dry facilities. These uses shall be subject to the requirements of Section 2.6.33.4 and Section 3.2.6.3.6, of the LDC, with .the exception that five (5) dry models shall be allowed within each development tract, and the' temporary use permit shall be valid through the buildout of the project with no extension of the temporary use required. These uses may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 10D-6, and may use potable or irrigation wells. 2.9 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD M ~t~ ~J~lr~ provided in Section 2.7.3~5 of the LDC. Minor changes and refinements as de,. :ribg$kherein/~7(. JUN O 8 1999 2-5 may be made by LBP in connection with any type of development or permit application required by the LDC. The Community Development and Environmental Services Administrator shall be authorized to approve minor changes and refinements to the Mediterra Master Plan upon written request of LBP. A. The following limitations shall apply to such requests: 1. The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Mediterra PUD document. 2. The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1. of the LDC. 3. The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and conservation areas within or external to the PUD. B. The following shall be deemed minor changes or refinements: 1. Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. 2. Internal realignment of rights-of-ways, other than a relocation of access points to the PUD itself, where water management facility, preservation areas, or required easements are not adversely affected or otherwise provided for. 3. Reconfiguration of parcels when there is no encrOachment-into the conservation area. C. Minor changes and refinements as described above shall be reviewed by appropriate Collier County Staff to ensure that said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulations prior to the Community Development and Environmental Services Administrator's consideration for approval. D. Approval by the Community Development and Environmental Services Administrator of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval, however such approval shall not constitute an authorization for de, .i.v~_$,lgti~,t4 ~ implementation of the minor change or refinement without first obtail tng ~J. otl~.efiTF-j necessary County permits and approvals. JUN 0 8 1999 029344~07~0 I-ESBM-22959 p~. ~,~____~ 2-6 2.10 COMMON AREA MAINTENANCE Most common area maintenance will be provided by a CDD or a Property Owners' Association. A CDD is a legitimate alternative for the timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions of a County development approval. For those areas not maintained by a CDD, LBP shall create a property owners' association or associations, whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. A CDD or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water management systems and preserves serving Mediterra, in accordance with the provisions of Collier County Ordinance 9048 and Resolution 90-292, together with any applicable permits from the South Florida Water Management District. 2.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout Mediterra. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 3:1 2. Ground covered berms 2:1 3. Rip-Rap berms 1:1 4. Structural walled berms - vertical B. Fence or wall maximum height: Ten feet (10'), as measured from the finished floor elevation of the nearest residential structure within the development. If the fence or wall is constructed on a landscape berm that is higher than the nearest residential structure, the wall shall not exceed eight feet (8') in height from the top of berm elevation. C. Upon submission of a typical cross-section, aerial, plan view and vegetation removal permit application, the Community Development and Environmental Services Department Administrator may approve landscape buffers, berms, fences and walls to be constructed along the perimeter of the Mediterra PUD boundary prior to preliminary subdivision plat and site development plan submittal. Subsequent to construction, all such areas must be included in a landscape easement or tract on final plats, or identified in a separate recorded instrument. D. Fences or walls may be placed zero feet (0') from internal fight-of-way provided ..... that shrubs are provided in the fight-of-way pursuant to Section 2.7 and may be located five feet (5') from project perimeter. E. Fences and walls which are an integral part of security and access conl~ol sl~.cmres.??ff_~. such as gate houses and control gates shall be subject to the height li~nitations for ] 3 1999 2-7 principal residential structures. In the case of access control structures within fights- of-way adjoining two or more different districts, the more restrictive height standard shall apply. F. Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, signs and utilities are allowed in landscape buffers/easements as approved by the Mediterra Design Review Team. G. Landscape berms located within the Mediterra PUD boundary and contiguous to a property line and/or right-of-way line may be constructed such that the toe of slope is located on the property line and/or fight-of-way line. H. Intemal recreational and community facilities do not require perimeter buffers. 2.12 CLEARING AND FILL STORAGE Fill storage is generally permitted as a principal use throughout Mediterra. Fill material may be transported and stockpiled within areas which have been disturbed/farmed or are shown as development areas on an approved PSP. Prior to stockpiling in these locations, LBP shall provide written notification to the Community Development and Environmental Services Administrator. Residential areas 25 acres or less (including building footprints) shall be allowed to be cleared prior to the issuance of the building permits, provided the areas to be cleared are shown on an approved subdivision construction plan or SDP. The following standards shall apply for all stockpiling on-site: A. Stockpile maximum height: forty-five feet (45') B. Stockpile maximum slide slopes: 2:1 C. Fill storage areas in excess of ten feet (10') in height shall be separated fi:om developed areas by fencing, excavated water bodies or other physical barriers if the side slope of the stockpile is steeper than 4 to 1 (i.e. 3 to 1). " D. Soil erosion control shall be provided in accordance with LDC Division 3.7. 2.13 DESIGN GUIDELINES AND STANDARDS A. The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in the LDC, Section 2.2.20.2.3. B. Mediterra is planned as a private, functionally interrelated community un! , .~G£NDA ITF.~ control. LBP has established community-wide design guidelines and sf mares to ...~... ensure a high and consistent level of quality for community features ant fac~hties, 3 1999 2-8 which include features and facilities such as landscaping, hardscape,' waterscapes, signage, lighting, sidewalks, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, berms and other similar facilities. To further ensure that the Mediterra design guidelines and standards are complied with, no SDP or PSP may be submitted or approved without the Mediterra Design Review approval. 2.14 PRELIMINARY SUBDIVISION PLAT PHASING Submission, review, and approval of Preliminary Subdivision Plats for the project may be accomplished in phases to correspond with the planned development of the property. 2.15 AGRICULTURAL ACTIVITIES The site is currently undeveloped or used for agriculture or cattle grazing purposes, and associated and accessory uses thereto. These existing agricultural uses shall be permitted to continue throughout the project site and will be phased out as development occurs within individual parcels. 2.16 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Mediterra PUD except in the Wetland Conservation Area. General permitted uses are those uses which ~enerally serve LBP and residents of Mediterra and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Septic system for remote golf shelters 5. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 6. Guardhouses, gatehouses, and access control structures. 7. Community and neighborhood parks, trails and recreational facilities. 8. Temporary construction, sales, and administrative offices for LBP's authorized contractors and consultants, including necessa ways, parking areas and related uses. JUN O 8 1999 2-9 9. Landscape/hardscape features including, but not limited to, landscape buffers, berms, fences, water features and walls subject to the standards set forth in Section 2.11 of this PUD. 10. Fill storage, site filling and grading are subject to the standards set forth in Section 2.12 of this PUD. 11. Any other use which is comparable in nature with the foregoing uses and which the Community Development and Environmental Services Administrator determines to be compatible. B. Development Standards: Unless otherwise set forth in this document, the following development standards shall apply to structures: 1. Guardhouses, gatehouses, signage and landscape features, and access control structures shall have no required setback. 2. Setback from property lines: From: ten feet (10') Side: five feet (5') Rear: ten feet (10') 3. Minimum distance between structures which are part of an architecturally unified grouping - five feet (5'). 4. Minimum distance between unrelated structures - ten feet (10'). 5. Maximum height of structures - thirty-five feet (35'). - 6. Minimum floor area - None required. 7. Minimum lot or parcel area - None required. 8. Sidewalks and bikepaths may occur within County required buffers. 9. Standards for parking, landscaping, signs and other land uses where such standards are not 'specified herein or within Mediterra development standards, are to be in accordance with the LDC provision in effect at the time this PUD is approved. - AGENDA ~YEM JLJ 0 8 2-10 2.17 OPEN SPACE REQUIREMENTS The PUD Master Plan identifies approximately 644 acres included in the preserve area, lakes, recreation, open space, golf and buffer designations. These areas, in conjunction with open space areas included within the Residential District, fully satisfy the open space requirements of Section 2.6.32 of the LDC. 2.18 NATIVE VEGETATION RETENTION REQUIREMENTS The preserve areas on site shall satisfy the requirements of Policy 6.4.6 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan. There may be some minor adjustments to the proposed preserve areas during SFWMD permitting. 2.19 SIGNAGE A. GENERAL 1. All Collier County sign regulations in force at the time of approval shall apply unless such regulations are in conflict with the conditions set forth in this section, in which case the PUD Document shall govern. 2. For the purpose of this PUD Document, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. 3. Should any of the signs be requested to be placed within a County dedicated right-of-way, a right-of way permit must be applied for and approved. 4. All signs shall be located so as not to cause sight line obstructions. 5. All internal project rights-of-way may be utilized for decorative landscaped entrance features and signage subject to review and approval from the Planning Services Department for consistency with the requirements set forth herein. 6. Signs may be allowed in landscape buffers/easements with the approval of the Mediterra Design Review Team. B. BOUNDARY MARKERS 1. One boundary marker or monument may be located at each property corner. The boundary marker may contain the name of the co. ~mm~[~OA n~r.~ and the insignia or motto of the development. JUN 0 8 1999 02934-04)74~}1 -ESBM-229~ 9 2-11 2. The sign face area may not exceed 80 square feet and may not exceed the height or length of the monument upon which it is located. If the sign is two-sided, each sign face may not exceed 60 square feet in area. 3. Sign face area is calculated by total square.footage of name, insignia, and motto only. 4. The setback for the signs from Livingston Road rights-of-way and any perimeter property line shall be 5 feet. C. PROJECT ENTRANCE SIGNS 1. Three ground or wall-mounted entrance signs maybe located at on both sides of the entrance right-of-way and in the entry median. Such signs may contain the name of the subdivision, and the insignia or motto of the development. 2. No sign face area may exceed 100 square feet and the total sign face area of Entrance Signs may not exceed 200 square feet. If the sign is a single, two-sided sign, each sign face may not extend beyond 100 square feet in area. The sign face area shall not exceed the height or length of the wall or monument upon which it is located. 3. The setback for the signs from Livingston Road rights-of-way and any perimeter property line shall be 5 feet. 4. Entrance signs may not exceed a height of 20 feet above the finished ground level of the sign site. For the purpose of this provision, finished grade shall be considered to be no greater than 18 inches above the highest crown elevation of the nearest road, unless the wall or monument is constructed on a perimeter landscape berm. - D. TEMPORARY SIGNS 1. Temporary signs may be permitted and may consist of the following types: project identification, boundary marker, real estate, sales center identification, and directional. 2. Each sign may not exceed 160 square feet in area. If the sign is two-sided, each sign face may not exceed 160 square feet in area. 3. The setback for temporary signs from Livingston Road rights-of-way and any perimeter property line shall be 5 feet. AGENDA I~=,l~ JUN 0 8 1999 4. Temporary signs may not exceed 20 feet in height above the finished ground level of the sign site. 5. Temporary signs may remain in place simultaneously with permanent signage until the project reaches 99% build-ont. 6. Special event signs not exceeding 32 square feet per side in size may be displayed to announce or advertise such temporary uses as open houses, community fairs or programs or any charitable, educational event. Such sign shall be located no closer than 10 feet to any property line. Such signs may be displayed on light poles. 7. Grand opening signs: LBP may display on-site grand opening signs not exceeding 32 square feet total. 8. No building permit is required for temporary signs as listed above. E. CONSTRUCTION ENTRANCE SIGNS .... 1. Two "construction ahead" signs may be located at appropriate distances ahead of a construction entrance, with a maximum of 20 square feet each in size. No building permit is required. 2. One sign, with a maximum of 20 square feet in size, may be located at each construction entrance to identify the entrance as such. No building permit is required. F.' INTERNAL SIGNS 1. Residential and community facilities entrance signs may be located on both sides of the neighborhood entrance street and within tile entry median. Setbacks from internal road right-of-way may be zero feet (0'). Such signs may be used to identify the location of neighborhoods, club house, recreational areas and other features within Mediterra. Individual signs may be a maximum of 100 square feet per sign face area. Such signs may have a maximum height of 12 feet. No building permit is required. 2. Directional or identification signs may be allowed internal to the subdivision. Such signs may be used to identify the location or direction of approved uses such as sales centers, model centers, recreational uses, .~-- information centers, or the individual components of the development. Individual signs may be a maximum of 6 square feet per side or signs maintaining a common architectural theme may be combined to I0rn~A menu board with a maximum size of 64 square feet per sid{ an~llo~ maximum height of 8 feet. JUN 0 8 1999 02934-0074101 -ESBM-22959 2-13 3. LBP may have real estate signs with a maximum size of 6 square feet per side in residential districts. Such signs may advertise "For Sale", "Sold To", "Lot #", etc. No building permit is required. G. TRAFFIC SIGNS 1. Traffic signs such as street signs, stop signs, and speed limit signs may be designed to reflect a common architectural theme. 3-1 SECTION III RESIDENTIAL DISTRICT 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Mediterra designated on the Master Plan as "R." 3.2 MAXIMUM DWELLING UNITS The number of dwelling units authorized to be built pursuant to the DCA's binding letter, dated February 5, 1999, is 950 units. The number of dwelling units to be built in Collier County pursuant to this PUD will not exceed 750. 3.3 GENERAL DESCRIPTION Areas designated as "R" on the Master Plan are designed to accommodate a full range of residential dwelling types, compatible non-residential uses, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "R" district is indicated on the PUD Master Plan. This hcreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. Residential tracts are designed to accommodate internal roadways, open spaces, recreational facilities and other similar uses found in residential areas. 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land-used, in ' whole or part, for other than the following: A. Principal Uses: 1. Single Family Detached Dwellings 2. Single Family Patio and Zero Lot Line Dwellings 3. Single Family Attached Dwellings 4. Multi-Family Dwellings 5. Guest Houses Aai~NOA rr?~ 3-2 6. Any other principal use which is comparable in nature with the foregoing uses and which the Community Development and Environmental Services Administrator determines to be compatible in the "R" District. B. Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with principal uses permitted in this district including neighborhood community recreational facilities. 2. Any other accessory use which is comparable in nature with the foregoing uses and which the Community Development and Environmental Services Administrator determines to be compatible in the "R" District. 3.5 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the 'R' Residential District. B. Site development standards for single family uses apply to individual residential lot boundaries. Multi-family standards apply to platted parcel boundaries. C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Mediterra design guidelines and standards, are to be in accordance with the LDC in effect at the time of Site Development Plan approval or Preliminary Subdivision Plat approval. Unless otherwise 'indicated, required yards, heights, and floor area standards apply to principal structures. D. Development standards for uses not specifically set forth in Table I shall be established during Site Development Plan Approval as set forth in A~rticle 3, Division 3.3. of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. E. Required property development regulations may be approved that are different than those set forth in Table I, subject to approval by the Collier County Planning Commission, in accordance with the criteria contained in Section 2.6.27.4.6.1 through 2.6.27.4.6.3 of the LDC. Common open space requirements are deemed satisfied pursuant to Section 2.17 of this PUD. F. The Collier County Public Works Division shall allow the installation of potable water and irrigation water service connections to distribution mains during construction of the single family subdivision utilities. The installation will he scheduled upon request and payment of fees by LBP, its successors anci/d :assi~ra~. ~ The installation will be in accordance with the approved plans and speci [icatt~,, 3-3 current policies and procedures, and performed by LBP's contractor. The contractor must be approved for the installation by the Collier County Public Works Division. Fees will be determined in accordance with the impact fee ordinance in effect at the time of the request for connections. 3-4 TABLE I MEDITERRA DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS SINGLE FAMILY PATIO & ZERO TWO FAMILY SINGLE FAMILY MULTI FAMILY DETACHED LOT LINE DUPLEX & ATTACHED AND DWELLINGS DUPLEX . TOWNHOUSE Minimum Lot Area 7,500 SF 5,000 SF 3,500 SF *4 3,000 SF NA Minimum Lot Width *5 75 50 35 30 NA Front Yard Setback (Principal and Accessory) 20 20*3 12/20'3 12/20'3 20 Front Yard for Side Entry Garage 12 12 12 12 12 Rear Yard Setback (Principal) 10 5 10 10 .5 BH Rear Yard SetbaCk* l (Accessory) 5 5 5 5 I 0 Side Yard Setback 7.5 0*6 0 or 7.5 0 or .5 BH .5 BH Maximum Height *2 40 35 35 35 50 Floor Area Minimum (SF) 1800 SF 1600 SF 1600 SF 1200 SF 1000 SF Distance Between Principal Structures 15 10 0 or 15 .5 SBH .5 SBH B..~_H: Building Height SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. All distances are in feet unless otherwise noted. Any structure more than two stories in height will maintain a 20 foot minimum building separation. Guest houses shall meet the applicable principal structure setbacks. Flag lot shall have no minimum lot width but will meet lot area requirements Project walls shall be allowed within I foot of the right-of-way line. With approval bom LBP, bont yards shall be measured as follows: A. If the parcel is served by a public fight-of-way, setback is measured bom the adjacent right-of-way line. B. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). *1 - Setback bom lake for all accessory uses may be 0 feet providing architectural bank treatment is incorporated into design and subject to written approval from LBP Design Review Committee and Project Plan Review. *2 - Building height shall be the vertica/distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. *3 - Units with side entry garage may have a 12 foot fi'ont yard setback. Units with front entry garage must have a minimum 20 foot bont yard setback. *4 - Each halfofa duplex unit requires a lot area allocation of 3,500 S.F. for a total minimum lot area of 7,000 S.F. *5- Minimum lot width may be reduced by 20% for cul-de-sac lots provided minimum lot area requirement is still maintained. *6 -Zero feet (0') minimum side setback on either or both sides as long as a minimum ten foot (10') separation between principal structures is maintained. Patios, pools and screen enclosures may encroach into the ten foot (! 0') principal structure separation and may attach to the adjoining dwelling provided an easement is granted from the adjoining dwelling unit owner. Where this option is used a Final Subdivision Plan for all of the lots platted for patio or zero lot line shall be submitted to the Customer Services Department with the application for the first building permit. This plan will be used to determine the ten (10) foot spacing requirement between principal ar accessory structures. AGENDA ITEM 4-1 SECTION IV VILLAGE CENTER 4.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Mediterra designated on the Master Plan as "Village Center." Commercial uses cannot be developed until the EAR based amendment ordinance addressing the Village Center uses becomes legally effective. 4.2 MAXIMUM SQUARE FOOTAGE A maximum of 60,000 square feet floor area, including clubhouse facilities, general store, education/enrichment center and recreational uses may be constructed on lands designated "Village Center." 4.3 GENERAL DESCRIPTION The approximate acreage of the Village Center district is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. The Village Center tract is designed to accommodate internal roadways, open spaces, lakes and water management facilities, and other similar uses. 4.4 PERMITTED USES AND STRUCTURES No building or 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: 1. Golf courses, golf clubhouses, and golf facilities. 2. General store with convenience goods and deli. 3. Tennis, health and fitness, swimming and other recreational clubs. 4. Project information and sales centers. 5. Community and golf course maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks ,nd ncmctq water and wastewater treatment plants, septic systems, utiliti~; pu~l~AI~ facilities and pump buildings, utility and maintenance staff office No. 4-2 6. Public administration facilities. 7. Open space uses and structures such as, but not limited to, boardwalks: nature trails, bikeways, landscape nurseries, gazebos, canoe docks, fishing piers, picnic areas, fitness trails and shelters. 8. Temporary construction access roads. 9. Any other principal use which is comparable in nature with the foregoing uses (including general and professional offices not specifically listed above) and which the Development Services Director determines to be compatible in the Village Center district. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this district. 2. Customary accessory uses include, but are not limited to, recreational facilities that serve as an integral part of the permitted uses such as pool, tennis facilities, parks, playgrounds and playfields. 3. Any other accessory use which is comparable in nature with the foregoing uses and which the Community Development and Environmental Services Administrator determines to be compatible in the Village Center district. 4.5 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: 1.Front Yard: principal Structure - Twenty feet (20') minimum or on'-half thc building height, whichever is greater. Accessory structure - Ten feet (10'). 2.Side Yard: Principal Structure - Fifteen feet (15'). Accessory structure - Five feet (5'). 3.Rear Yard: Principal Structure - Twenty feet (20'). Accessory structure - Five feet (5'). 4.Setback from a lake for all principal and accessory uses may be zero feet (0') provided architectural bank treatment is incorporated into the design. B. Exterior lighting shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height of structures - Fifty feet (50'), except clock towers architectural features, which shall be permitted up to sixty-five feet (65'). JUN 0 8 1999 4-3 D. Minimum distance between all other principal structures - Fifteen feet (15'). E. Minimum distance between all other accessory structures - Ten feet (10'). F. Minimum floor area - None required G. Minimum lot or parcel area - None required H. Minimum lot width - None required I. Parking for any and all uses and structures constructed in the Village Center District: one (1) space per 200 square feet of building area. J. Standards for landscaping and other land uses where such standards are not specified herein are to be in accordance with LDC in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. AGENDA I'I~.M · 5-1 SECTION V RECREATION AND OPEN SPACE DISTRICT 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Mediterra designated on the Master Plan as "R/O". 5.2 GENERAL DESCRIPTION Areas designated as "R/O" on the Master Plan are designed to accommodate a full range of golf course, recreational, water management and open space uses, as well as to provide lands for community-related ancillary uses and essential services. 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Golf courses, golf clubhouses, and golf facilities. 2. Tennis, health and fitness, swimming and other recreational clubs. 3. Project information and sales centers. 4. Community and golf course maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, septic systems, utilities pumping facilities and pump buildings, utility and maintenance staffoffices. 5. Public administration facilities. 6. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, canoe docks, fishing piers, picnic areas, fitness trails and shelters. 7. Temporary construction access roads. 8. Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determin AC~..NOA I'1'~ compatible in the "R/O" District. J U N 0 8 1999 02934-~)7-001 -E. SBM-229~9 5-2 B. Permitted Uses And Structures Within Archaeological Site 1. Opens space uses and structures such as, but not limited to, nature trails, bicycle trails, gazebos, picnic areas, fitness trails, shelters, playground equipment and associated playground areas, landscaped areas, irrigation pipes, volleyball courts, rest shelters, and drinking fountains. Any uses and structures permitted shall not disturb areas beneath the existing soil surface and a minimum of 6 inches of clean fill dirt shall be placed over the area except in places where the area will be left in its natural state or will be landscaped. A certified archaeologist shall be present on site to monitor any excavation for irrigation pipes and landscaping. 2. Any other uses and structures which are comparable in nature with the foregoing and which the Development Services Director determines to be co~npatible. C. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with the principal uses permitted in this district. ~ 2. Pro-shops, practice areas and ranges, golf cart barns, rest rooms, shelters, snack bars. 3. Retail establishments accessory to the permitted uses of the district such as, but not limited to, golf, tennis, and recreational related sales. 4. Restaurants, cocktail lounges, and similar uses intended to serve the residents of Mediterra and their guests. 5. Telecommunications facilities. 6. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R/O" and Miscellaneous Open Space/Buffer District. 5.4 DEVELOPMENT STANDARDS A. Principal structures shall be set back a minimum often feet (10') from "R/O" district boundaries and private roads, and twenty-five feet (25') from all PUD boundaries and residential tracts, except where the PUD abuts a public right of way, in which case the setback shall be one half (V2) the height of the structure. B. Accessory structures shall set back a minimum of five feet (5') from boundaries and private roads, and twenty feet (20') from all PUD bo tnaa~.s 5-3 residential tracts, except where the PUD abuts a public right of way, in which case the setback shall be one half (3/2) the height of the structure. C. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. D. Maximum height of structures - Sixty-five feet (65'). E. Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping - Ten feet (10'). F. Minimum distance between all other principal structures - Fifteen feet (15'). G. Minimum distance between all other accessory structures - Ten feet (10'). H. Minimum floor area - None required. I. Minimum lot or parcel area - None required. J. Parking for the community center/clubhouse shall be one space per every two hundred (200) square feet of gross floor area, excluding cart storage areas, which shall be considered inclusive of required golf course parking K. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within Mediterra design development standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. L. Golf course rest stations and secondary maintenance buildings will be permitted to use septic tanks or holding tanks for waste disposal subject tO permitting uffder Rule 10D-6 F.A.C., and may use potable and irrigation wells. AGENDA ITEM JUN 0 8 1999 · 6-1 SECTION VI PRESERVATION AREA 6.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area within Mediterra designated on the Master Plan, as Preservation Area. 6.2 GENERAL DESCRIPTION Areas designated as Preservation Area on the Master Plan are designed to accommodate -conservation interpretive/educational trails and limited water management uses and functions. 6.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Boardwalks golf cart paths and nature trails (elevated and at grade), and gazebos. 2. Water management facilities. 3. Temporary construction access road. 4. Utility or roadway crossings. 5. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the Preservation Area. 6.4 RESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or platted tract, whichever is applicable, is required for preservation lands included in the Preservation Area. LBP, their successor or assigns, or the Mediterra CDD shall be responsible for the control and maintenance of lands within the Preservation Area. .lUll O 8 1999 Pi.. ~/ _ -2; 7-1 SECTION VII GENERAL DEVELOPMENT COMMITMENTS 7.1 PURPOSE A. The purpose of this Section is to set forth the general development commitments of LBP within Mediterra. 7.2 GENERAL A. All facilities shall be constructed in accordance with the final site development plans, the final subdivision plats, and all applicable state and local laws, codes and regulations relating to the subdivision of the land, except where specifically noted or otherwise set forth in this document, or as otherwise approved by Collier County. All state and federal permits shall be effective according to the stipulations and conditions of the permitting agencies. Final master plans, final site development plans or final subdivision plats, and standards and specifications of the Collier County Land Development Code relating to the same shall apply to this project, except as otherwise set forth herein. B. In addition, the Master Plan and the regulations of the PUD document as adopted along with any other specific conditions or stipulations as may be agreed to in the rezone hearing before the Board of County Commissioners, shall conffol and be applicable to - development of the subject property. LBP, its successors and assigns shall be bound by said documents, commitments, and stipulations. 7.3 MONITORING REPORT An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section 2.7.3.6 of the Collier County Land Development Code. - 7.4 TRANSPORTATION A. LBP shall provide a fair share contribution toward the capital cost of a traffic signal at the main project entrance onto Livingston Road (North-South) when deemed warranted by Collier County. The signal shall be owned, operated and maintained by Collier County. B. Collier County and LBP entered into a Developer Contribution Agreement dated 17 February 1998, as amended (herein "Agreement"), to address the design, right-of-way acquisition, permitting, and construction of Livingston Road from Immokalee Road to the Lee/Collier County Line. C. As depicted on the Master Plan, Exhibit "B", LBP has reserved, pursuant the t~tg-l~, ~ authorized in the Agreement, a 100 foot wide right-of-way along the cas 'n e~¢~f ./~'C~ JUN 0 8 1999 7-2 the project for the construction of Livingston Road (North South), and LBP has reserved a 170 foot wide right-of-way along the southern edge of the project for Livingston Road (East-West). D. It is acknowledged that the cost of construction of Livingston Road is an advanced payment of Road Impact Fees pursuant to the terms of the Agreement (and that LBP is eligible for impact fee credits). Notwithstanding the determination of the adequacy of other public facilities and the payment of any other appropriate impact fees, LBP has complied with the requirements for transportation adequacy for the issuance of Certificate(s) of Public Facility Adequacy. E. Connection permits shall be required for all temporary c°nstmction access points. Such permits shall require any necessary auxiliary lanes and apron paving to be -. constructed prior to the use of any temporary access point. 7.5 UTILITIES A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project by LBP. Potable water and sanitary sewer facilities constructed within platted rights-of-way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to Collier County Ordinance 97-17, as amended, except as may be provided in Section 2.4 of this Document. B. Upon completion of the utility facilities, they shall be tested to insure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. C. All customers connecting to the potable water and sanitary sewer system shall be customers of the County, except as may be provided in Section 2.4 of this document. D. Existing vegetation will be saved where possible; therefore, the County owned potable water mains and forcemains will be allowed to meander during con~tmction to save vegetation. The meander will be accomplished by deflecting the pipe or using fittings in accordance with the Collier County Utilities Ordinance. For horizontal adjustments over 12 inches from the original alignment, an as-built survey of the utilities will be required and shown on the record drawings. E. Landscaping and sidewalks will be allowed within the R.O.W./C.U.E. and over the County owned potable water mains and forcemains. Small vegetation with unobtrusive root systems shall be allowed anywhere within the R.O.W./C.U.E. For large vegetation and trees (palms and/or tap rooted trees), root guards will be installed to prevent roots from coming in contact with County owned potable water mains and forcemains. Collier County Public Work's operation and mainten~ ~'~ associated with the repairs, replacement, maintenance or restoration of abe e-grouna- _ improvements or landscaping installed by LBP within the R.O.W./C.U.E. s all ~e~ JUN 0 8 1999 7-3 sole financial responsibility of LBP, its successor and assigns. This clause will be shown within the homeowner's association documents and on the construction plans. F. The County 9wned potable water mains will end at the beginning of the cul-de-sac with a fire hydrant. Potable water services will be extended to serve residential lots along the cul-de-sac. Conduits will be provided for the potable water services, where necessary. G. For the County owned potable water mains and forcemains located within a 50 foot R.O.W./C.U.E. serving single family residential parcels, the potable water main will be located a minimum 7.5 feet off the back of curb (BOC) and the forcemain will be located a minimum 5 feet off the BOC. The minimum distance fi.om the BOC to the right-of-way line will be 13 feet. Reference the typical cross-section attached as Exhibit 'D', Section A. H. For the County owned potable water mains located within a 40 foot R.O.W/C.U.E. serving single family residential parcels, the potable water main will be located a minimum 5.0 feet off the back of curb. The minimum distance from the BOC to the right-of-way line will be 8 feet. Reference the typical cross-section attached as Exhibit 'D', Section B. I. For the County owned potable water mains and forcemains located along the loop roadway, the potable water main will be located a minimum 7.5 feet offthe back of curb (BOC) and the forcemain will be located a minimum 5 feet off the BOC. For the l°op roadway section without a median, the minimum distance from the BOC to the right-of- way line will be 15 feet. For the loop roadway section with a median, the minimum distance from the BOC to the right-of-way shall be 13 feet. Reference the typical cross- section attached as Exhibit 'D', Section C & D. J. The County owned potable water distribution system will be allowed to connect to the Collier County potable water transmission system along the Livingston Road 0East- West) corridor, if necessary, to enhance pressures and chlorine residuals w~thin the Project. To assist the County's operation and maintenance activities, LBP will provide a stabilized access in areas where there is not paved access adjacent to the County owned potable water main. K. Collier County and LBP entered into a Utility Facilities Reimbursement and Contribution Agreement dated 12 January, 1999 to address the design, permitting and construction of utilities along Livingston Road from Immokalee Road to the Lee/Collier County Line. L. Irrigation water will be provided with'a separate non-Collier County owned distribution system supplied by on-site wells, reclaimed water and/or other non-potable sources. JUN 0 B 1999 7-4 7.6 WATER MANAGEMENT A. In accordance with the rules of the South Florida Water Management District, this project shall be designed for a storm event of a 3-day duration and 25-year return frequency. B. The applicant is allowed to not provide 10 percent littoral zone planting within every lake provided that compensatory littoral plantings are provided in other interconnected lakes within the Project phase. The applicant will provide the required total littoral zone plantings that would be required for the Project. 7.7 ENVIRONMENTAL A. The Collier County 'ST' overlay will be eliminated. A conservation easement will be provided for the proposed preservation areas per Section 6.4. Based upon final SFWMD permitting there may be some minor adjustments to the proposed preservation areas. B. In order to avoid repetitive review of environmental issues in subsequent stages of the County development approval process, upon approval of the Mediterra PUD, Environmental Impact Statement (ELS) submitted in conjunction with the Application for Public Hearing for PUD Rezone, the requirement for obtaining approval of an EIS pursuant to Division 3.8, Section 3.8.3 of the Collier County Land Development Code shall be deemed satisfied for all future activities which take place within the Mediterra PUD boundaries that require County permits for or County approval of development or site alteration. If the Preservation Areas' boundaries significantly .change, the County may require additional information or an EIS supplement. C. Collier County shall defer environmental permitting regarding wetlands, wetland impacts and wetland mitigation to the SFWMD. LBP shall coordinate with and copy Collier County on approved permits. D. Location of gopher tortoise burrows and gopher tortoise relocation area(s) shall be indicated on the site development plans. A Florida Game and Fresh Water Fish Commission Gopher Tortoise Relocation or "Incidental Take Permit" will be obtained prior to construction in areas where gopher tortoise burrows exist. E. All conservation areas shall be recorded as conservation/preservation tracts or easements with protective covenants per or similar to Section 704.06 of the Florida Statutes. Conservation areas including those that are recorded on a plat shall be dedicated to LBP, their successor or assign, or the Mediterra CDD for the responsibility of the control and maintenance of lands within the Preservation Area. F. An exotic vegetation removal, monitoring, and maintenance (exotic free)'>lan for the site, with emphasis on the preservation areas, shall be submitted to Curre ~t Pla~t~gll~ Environmental Staff for review and approval prior to final site plan/const~ acti(~lg.4alaa.~-~ b5 7-5 approval. This plan shall include the methods and time schedule for removal of exotic vegetation within preservation areas. G. Petitioner shall comply with all permit conditions and stipulations contained within US Army Corps of Engineers and SFWMD pen'nits issued for Mediterra which concern protected wildlife species. H. The Preservation Areas incorporate wetlands as well as buffers including upland and structural buffers. The Project will be consistent with SFWMD criteria including any wetland buffering requirements. For these reasons, no additional buffering contiguous to the Preservation Areas will be required. 7.8 DEDICATIONS All dedications of property of facilities for a public purpose, whether by easement or deed, may at LBP's option, contain a condition limiting the use to said public purpose. In addition, said dedication, at LBP's option, may contain a reverter clause in the event the public purpose use is discontinued or not commenced within a reasonable time period. The "reasonable time" will be agreed to between LBP and the County at the time of dedication, it being the intent of the County to have sufficient time to commence the use of the dedication. AGENDA ITEM' JUN 0 8 I°29 P~. 8-1 SECTION VIII CROSS JURISDICTIONAL PROVISIONS 8.1 PURPOSE A. The purpose of this section is to address and resolve potential inter-jurisdictional issues related to Mediterra PUD resulting from its location in both Collier and Lee Counties, pursuant to meetings and coordination between staff of both Counties. 8.2 ADDRESSING A. As stated in Exhibit C - Letter dated February 19, 1998 from United States Postal Service Postmaster C. M. Kigin, the main entrance for Mediterra is located within Collier County and therefore the entire project will be delivered by the Naples Post Office. B. As to s~xeets and roadways within Mediterra PUD that cross the boundary between Lee and Collier Counties, LBP shall select the names of internal roadways and determine in both counties that the name selected for each roadway is available and reserved in each county for the roadway before requesting either county to assign street addresses or numbers to lots or parcels located on such internal roadways. C. Collier County and Lee County representatives have agreed to work cooperatively to ensure the assignment of consistent street names and addressing on all internal roads crossing the County boundary. 8.3 EMERGENCY MANAGEMENT SERVICES A. Fire suppression, law enforcemem and emergency medical services sha]-I be the responsibility of the county entity or service provider having jurisdiction over particular parcel or lot. 8.4 UTILITIES A. The plans for utilities serving Mediterra PUD will be submitted for review and approval to the appropriate utility company that has jurisdiction over the subdivision improvements and/or golf course. 8.5 DEVELOPMENT REVIEW PROCESS The Development Review Process will be performed in accordance with the Col ~,~,' JUN 0 8-2 subdivision improvements and/or golf course that are located within both counties, the following will apply: A. For the portion of the subdivision improvements and/or golf course located within Collier County, the development plans and plats will be submitted to Collier County for review and approval. Likewise, for the portion of the same subdivision improvements and/or golf course located within Lee County, the development plans and plats will be submitted to Lee County for review and approval. B. All applications for review and approval of plans and permits for portions of Mediterra PUD located in one county, will be submitted to that County only, unless approval has been received from the Development Services Director fxom Collier County or the Development Review Director fi.om Lee County to assign to the other County the authority and sole responsibility for the review and approval process_for that portion of the Mediterra PUD. C. Approval of subdivision improvements and/or golf course improvements within the jurisdiction of one County will not be contingent upon the review and approval of the County not having jurisdiction over the improvements. 8.6 PLATTING A. Individual residential lots shall be planned so that they are located in one county or the other. B:Plats for Mediterra PUD shall be approved and recorded by each County for land located within its jurisdiction. C. Building permits for lots in one county within a platted subdivision severed by the county boundary shall not be issued by that county until the remaining portion of the subdivision located in the other county has been approved and recorded in accordance with the respective county subdivision plat ordinance and land development code. -- ' AGENDA ITEIvI' JUN 0,3 1999 PUD ~R P~ ............................................. - ~~L~YP~,~C :,:,':~'?:.~k~,:,:. JUN 0 8 1999 P~., ~ EXHIBIT D RIGHT-OF-WAY TYPICAL SECTIONS A~A ITEM JUN O g 1999 JUN 0 B 1999 ORDINANCE NO. 99- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSWE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 851112; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURE WITH "ST" OVERLAYS AND "PUD" PLANNED UNIT DEVELOPMENT (DYNABEL AND LIVINGSTON ROAD GOLF AND COUNTRY CLUB) TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS MEDITERRA PUD FOR A MAXIMUM OF 750 SINGLE AND MULTI-FAMILY DWELLING UNITS, GOLF COURSE AND A VILLAGE CENTER OF 60,000 SQUARE FEET CONTAINING GOLF COURSE RELATED LAND USES, PUBLIC ADMINISTRATION FACILITIES AND A GENERAL STORE; FOR PROPERTY LOCATED WEST OF 1-75 ALONG THE LWINGSTON ROAD EAST/WEST CORRIDOR IN SECTIONS 11 AND 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER'COUNTY, FLORIDA, CONSISTING OF 943+ ACRES; BY PROVIDING FOR THE REPEAL OF ORDINANCES NUMBERED 90-49 AND 92-31, THE FORMER DYNABEL PUD AND THE FORMER LIVINGSTON ROAD COUNTRY CLUB PUD; AND BY PROVDING AN EFFECTIVE DATE. WHEREAS, Alan D. Reynolds, AICP, of Wilson, Miller, Barton and Peek, Inc., representing Long Bay Partners, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: The zoning classification of the herein described real property located in Sections'l 1 and 12, Township 48 South, Range 25 East, Collier County, Florida, is changed from "A" Rural Agriculture with ST overlay and "PUD" Planned Unit Development to "PUD" Planned Unit Development in accordance with the Mediterra PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 851112, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. AGENDA JUN 0 8 1999 pg. SECTION TWO: Ordinances Numbered 90-49 and 92-31, as amended, known as the Dynabel PUD and the Livingston Road Country Club PUD, adopted on June 6, 1990 and May 12, 1992, respectively, by the Board of County Commissioners of Collier County, are hereby repealed in their entirety. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ,1999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: BY: PAMELA S. MAC'KIE, Chairwoman DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency Marjorie M. Student Assistant County Attorney g/admirVsue/PUD-99435 <> ORDINANCEd AC, FJ'~OA JUN 0 8 1999 EXECUTIVE SUMMARY PETITION PUD-98-11 (1), MR. ROBERT DUANE, AICP, OF HOLE, MONTES AND ASSOCIATES, INC., REPRESENTING STEVE HOUSTON, REQUESTING A REZONE FROM A PREVIOUSLY APPROVED "PUD" NAMELY THE TAMIAMI PROFESSIONAL CENTER PUD TO A NEW PUD HAVING THE EFFECT OF INCREASING THE BUILDING HEIGHT WITHIN TRACT II FROM THIRTY-FIVE (35) FEET TO FORTY (40) FEET FOR PROPERTY LOCATED ON THE EAST SIDE OF TAMIAMI TRAIL NORTH (US-41) AND THE SOUTH 200 FEET OF SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: This petition seeks to amend the Tamiami Professional Center Planned Unit Development (PUD) for the purpose of increasing the building height from 35 feet to 40 feet in Tract II. CONSIDERATIONS: The petitioner~ is requesting an amendment to increase the maximum height of buildings allowed in Tract II from 35 feet to 40 feet. The requested increase in building height is a result of the applicant's desire to develop a three story office building that is architecturally designed with mechanical equipment taking approximately three feet per floor. As a result, the proposed structure will exceed the 35 feet height limit but will not exceed the proposed limit of 40 feet. No other changes are proposed to any other development standard or to the list of permitted uses. The currently approved_ Tamiami Professional Center PUD encompasses a land area of approximately 11.6 acres, of which 3 tracts (I, II, & III) have been established to provide for a mix of retail and office uses while an Assisted Living Facility is approved for Tract III. The commercial retail component of the project comprises 0.91 acres on Tract I while office uses are limited to 1.06 acres on Tract II. The 5.52 acre Assisted Living Facility is located on Tract III. The traffic impact review indicates that the proposed amendment to increase the building height on Tract 'II will not create additional site generated trips and therefore will not exceed 5 percent of the LOS "C" design volume on US-41 or lower the capacity below the adopted LOS "D" standard. The Traffic Circulation Element (TCE) lists Tamiami Trail (US-41) as a 4 lane arterial road. The current traffic count for this segment is 24,326 AADT which results in LOS "D". It should be noted that a proposed road widening project to 6 lane this segment of US-41 is scheduled for completion by 2000. Therefore, this project meets the County's concurrency requirement and is consistent with the standards referenced in Policy 1.4, 5.1, and 5.2 of the TCE of the GMP. The subject property is located within the Urban (Urban - Mixed use District, Urban) designated area which provides for residential development along with certain industrial and comn e~ciak~A ~ approved C-1/T commercial uses are consistent with the approved Commercial Un¢ er O~teria. This PUD also complies with the Office and In-fill Commercial Sub-district language whe~ this EAR-based JUN 0 1999 Pg., ,, ,/, amendments are ratified. Since this petition only seeks to increase the maximum building height in Tract II from 35 feet to 40 feet, this petition is fully consistent with the FLUE to the GMP. Inasmuch as the use of the subject property will not lower the level of service below adopted standards, there should be no impact on level of service relationships. Appropriate stipulations to be included in the PUD will ensure that Land Development Code requirements will be made applicable to the development of the subject property, particularly as this relates to native vegetation retention. In regards to compatibility, the subject office building on Tract II is located as far south as possible so as to create a separation of approximately 90 feet from the one story NHC assisted living facility to the north. It should be noted that this property is zoned C-3 which allows a maximum height of 50 feet. Lands to the south are part of the Collier Reserve Golf Course. This golf course area will act as a buffer from other development to the south. Since the site is adjacent to retail commercial to the west and a conservation tract to the east, the increase in building height of 5 feet will not fundamentally alter the land use relationships established at the time the property was rezoned to PUD. The Collier County Planning Commission reviewed this petition during their public hearing on May 20, 1999. By a vote of 8 to 0, they forwarded Petition PUD-98-11(1) to the Board of County Commissioners with a recommendation of approval. It should be noted that no one spoke itl opposition during the public hearing and staff has not received any letters in opposition to this request. As a result, this petition has been placed on the summary_ agenda. FISCAL IMPACT: This amendment to only to increase the maximum building height from 35 feet to 40 feet in Tract II. No additional floor area or ALF units are proposed. Therefore, this amendment by and of itself will have no fiscal impact on the County. The fiscal impact for this development was determined at the time the property was rezoned to PUD. In addition, the County collects impact fees prior to the issuance of building permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue s6m:ces in order to build needed facilities. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission recommends approval of Petition PUD-98-11 (1) being an application to amend the Tamiami Professional Center PUD by rezoning it from "PUD" to "PUD" subject to the conditions of approval that have been incorporated into the PUD document and attached in the Ordinance of Adoption and made a part of this executive summary. AC~E.I;IDA ITEM JUN 0 8 1999 PREPARED BY: %'g~t q c~ RONALff~tN6, A~CP, MAN^GER D^TE CURRENT PLANNING SECTION PLANNING SERVICES DEPARTMENT VINCENT A. CAUTERO, AICP, ADMINISTRATOR (DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. PUD-98-11 (1)/EX SUMMARY/RVB/rb AGENDA ITEM 3 JUN 0 8 1999 Pg. ~ AGENDA ITEM 7C TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DATE: MAY 3, 1999 RE: PETITION NO: PUD-98-11 (1), TAMIAMI PROFESSIONAL CENTER PUD AGENT/APPLICANT: Agent: Mr. Robert Duane Hole, Montes & Associates, Inc. 715 Tenth Street South 'Naples, FL 34102 Owner: Section 15 Land Trust Thomas M. Taylor, Trustee 715 Tenth Street South Naples, FL 34102 GEOGRAPItIC LOCATION: The property is located on the east side of the Tamiami Trail North (US-41) on the south 200 feet of Section 15, Township 48 South, Range 25 East (See location map on following page). REQUESTED ACTION: This petition seeks to amend the Tamiami Professional Center Planned Unit Development (PUD) for th~ purpose of increasing the building height of Tract II from 35 feet to 40 feet. PURPOSE/DESCRIPTION OF PROJECT: The currently approved Tamiami Professional Center PUD encompasses a land area of approximately ! 1.6 acres, of which 3 tracts (I, II, & l~l) have been established to provide for a mix of retail and office uses while an Assisted Living Facility is approved for Tract III. The~ commercial retail component of the project comprises 0.91 acres on Tract I while office uses are limited to 1.06 acres on Tract II. The 5.52 acre Assisted Living Facility is located on Tract III. Lastly, Tracts II and III are separated by a 2.31 acre conservation area while the buffer area and road right-of-way comprises 2.89 acres. The petitioner is now requesting an amendment to increase the maximum height of buildings allowed in Tract II from 35 feet to 40 feet. The requested increase in building height is a result of the applicant's desire to develop a three story office building that is architecturally designed with mechanical equipment taking approximately three feet per floor. As a result, the proposed structure will exceed the 35 feet height limit but will not exceed the proposed limit of 40 feet. No other changes are proposed to any other development standard or to the list ofperrnitted uses. JUN O 8 1999 1 pj. SURROUNDING LAND USE AND ZONING; Existing: The subject property is currently undeveloped and is -infested with exotic vegetation. The site is also zoned "PUD". Surrounding: North- To the north along US-41 are existing C-3 zoned properties. The maximum building height is 50 feet in the C-3 district. The site abuts a one story Assisted Living Facility. East- The abutting property to the east is the conservation Tract of the Tamiami Professional Center PUD. South-The Collier's Reserve golf course (Collier Tract 22 PUD) lies to the south of Tract I and II. : West- To the west is a retail tzact for the Tamiami Professional Center PUD. Further west is US-41, a 4 lane arterial road fronting the project. GROWTH MANAGEMENT PLAN CONSISTENCY: The PUD has been distributed to the appropriate jurisdiction review entities specifically for review of the PUD for consistency with the current Growth Management Plan land development regulations and they find the following: lel~ture Land Use Element: The subject PUD permits C-1/T uses on Tracts I & II utilizing the Commercial Under Criteria provision contained in the Future Land Use Element (FLUE) of the Growth Management Plan. The site is currently designated Urban Mixed Use, Urban Residential on the FLUE. A description of Urban Mixed Use District in the FLUE advises that residential uses are permitted along with certain industrial and commercial uses. The C-1/T commercial uses are allowed in the Urban Residential Sub-district subject to the Commercial Under Criteria as contained in the FLUE. The currently approved Commercial Under Criteria applies to sites that are located outside of an Activity Center and are bounded on two sides by improved commercial property or commercial zoning. Since the subject site abuts C-3 zoning on one side, staff's analysis indicates that the proposed rezone is consistent with the "C-1/T Commercial Under Criteria as noted above. The proposed amendment (if approved) will make it possible to increase the maximum building height from 35 feet to 40 feet. Traffic Circulation Element: The traffic impact review indicates that the site generated trips from the proposed amendment will not generate additional traffic. In addition, US-41 is currently a 4 lane arterial road fronting the project. The current traffic count for this segment is 48,641' AADT. Applicable Elements: Staff review indicates that this petition has been designed to account for the necessary relationships dictated by the Growth Management Plan. Mitigation measures and stipulations have been developed (where appropriate) to ensure consistency with the GMP during the permitting process. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 3.15 of the Collier County Land Development Code, Adequate Public Facilities, at the earliest or the next to occur of either Final SDP approval, final plat approval, or building permit applicable to this development. Therefore, "] this proposed PUD amendment is consistent with the goals and policies of the GMP. S ~ff concluded that no level of service standards will be adversely affected by this ame :Ime~,o. ~'JN 0 8 ]999 2 Appropriate mitigation measures and stipulations will assure that the County's interests are maintained. Consistency with the goals, objectives and policies of other applicable elements of the GMP and level of service relationships are to be achieved by stipulations and/or development commitments made a part of the approval of this development order. HISTORIC/ARCHAEOLOGICAL IMPACT; Staffs analysis indicates that the petitioner's property is located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or waiver is required. Due to the existing development on all sides of the site, a waiver from submitting a survey and assessment was issued. Therefore, Section 2.2.25.8.1 of the Land Development Code requires the following: If, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR ENVIRONMENTAL. TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This includes a review by the Community --- Development Environmental and Engineering staff, and the Transportation Services Division. These reviews help shape the content of the PUD Document and cause development commitments to be formulated to achieve GM? and LDC requirements. EVALUATION: The purpose of this petition is to amend the Tamiami Professional Center PUD even though the process is one of rezoning the land from "PUD" to "PUD". The intent is to achieve a level of administrative convenience because it avoids the requirement to track amendments to the original document in order to understand the totality of the regulations as they apply to the PUD zoning district. For this reason staff is of the opinion that the required findings for standard and PUD rezones do not apply in recognition of the fact that when the property was initially rezoned; the decision to approve the subject PUD was based upon a preponderance of evidence and conditions which supported the required findings for PUD rezoning actions. However, staff has evaluated the proposed amendment and has the following comments: The evaluation by professional staff should typically include an analysis of the project's relationship to the community's future land use plan, and whether or not the proposed amendment would be consistent with the Collier County Growth Management Plan in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses. This consideration usually dealt with as a function of analyzing the relationship of the rezoning action to the long range plan for all future land uses. The most important facet of the rezoning action is that it constitutes a legislative statement that authorizes the use of land for a specific development ""-' - strategy, provided the development of the land can go forward. It may not affect the timing of development because of subsequent permitting requirements. AGENDA fl"EJ~ JUN 0 8 1999 3 Relationship to Existing Land Uses - In regards to compatibility, the subject office building on Tract II is located as far south as possible so as to create a separation of approximately 90 feet from the one story NHC assisted living facility to the north. It should be noted that this property is zoned C-3 which allows a maximum height of 50 feet. Lands to the south are part of the Collier Reserve Golf Course. This golf course area will act as a buffer fi.om other development to the south. Since the site is adjacent to retail commercial to the west and a conservation tract to the east, the increase in building height of 5 feet will not fundamentally alter the land use relationships established at the time the property was rezoned to PUD. Relationship to Future Land Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element of the Growth Management Plan. Since the property is consistent with the Commercial Under Criteria of the Future Land Use Element and is compatible with the adjacent commercial and ALF land uses. Given the urban influence impacting this area, the proposed change is timely in that this land is consistent with requirements of the FLUE to the GMP. PUD Development Standards The only change to the currently approved development standards is to increase the maximum building height from 35 feet to 40 feet. Staff is of the opinion that the additional 5 feet in height for the office building will not significantly intensify the commercial use of the site due to the landscaping and setback requirements provided in the PUD. In addition, the size and scale of this structure is comparable with the proposed retail building to the west and is less than the maximum height permitted in the C-3 district. PUD Master Plan The PUD Master Plan is unchanged between the current PUD and the proposed plan. As a result, this PUD amendment essentially does not change internal land use relationships. Utili _ty Infrastructure - Water supplies are available to this site. All development must comply with surface water management requirements invoked at the time of site development plan review. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition PUD-98-11 (1) to the Board of County Commissioners with a recommendation for approval. AGEJHDA ITEM .JL":l 1999 4 Pg.__ ~ . PREPARED BY:, ,~., /. I~:,BFELLOWS,' PRINCIPAL - ~P-i-' - ' LANNEK -- DATE C/DR LENT PLANNING SECTION / C~]~' ?LANNTNG SECTION _ HERE, AICP, DIRECTOR DATE PLANNING SERVICES DEPARTMENT VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Staff Report for the May 20, 1999 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: MIC~I,~J. BRUET, CHAIRMAN RVB/rb/STAFF REPORT/PUD-98-11 (1) AGENDA ri'EM JUN 0 8 1999 APPLICATION FOR PUBLIC HEARING FOR: Pt r~'~c~g~ ~ r~ u u ~ ~L.~ ~' ~PR ~ A PUD98-11~> ............... Petition No.: Date Petition R~civ~: Co~ssio. Disffict: Pl=er ~si~ed: ~'[/ ~-6.Z l ,c: / ABOVE TO BE COM~PLETED BY STAFF !. General Information: Name of Applicant(s) Section 15 Land Tru§t Applicant's Mailing Address Hole, Montes & Associates, Inc. 715 Tenth Street South City Naples State FL Zip 34102 Applicant's Telephone # 941-262-4617 Fax # 941-262-3074 Name of Agent Robert Duane Firm Hole, Montes & Associates, Inc. Agent's Mailing Address 715 Tenth Street South City Naples State FL Zip 34102 - · Agent's Telephone# 941-262-4617 Fax# 941-262-3074 COLLIER COUNTY CONEVIUNITY DEVELOPMENT PL.adNN~ING SERVICES/CUtCRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400fFAX (941) O13-6968 AGFrNI)A ITEM ^~mc^~o_~ ~o~ ~t~,c .r..~r.~ ro~ ,'~,~£zo~- ~ JUN 0 B 1999 P. 3E lOF16 2. Discl0$~jr¢ of Interest Information: a. If the prop~3r is owned fee simple by an INDIVIDUAL, tenancy by the entirety, t~aney ii1 cornmorl, Or joint tenancy, list ail parties with an ownership interest as well as the percentage of such intereg. (Use additional sheets ii'necessary). Name and Address Percentage of Own~ N/A b. If the property is owned by a CORPORATION, list the officers and stockholders and thc percentage of stock owned by each. Name and Address, and Office Percentage of Stock N/A 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 Interest See Attached Land Trust Agreement AGENDA Il'EM. APPLICATION FOR PUBLIC HEARING FOR PUD R£ZONE- 588 JUN 0 8 1999 PA, S 27~.16 d. If the property is in the name of a GENERAL or LI]vI1TED PARTNERSHIP, list the name of the general and/or limited partners. N~me mad Ad&~ Percentage of N/A e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or parmers. Name and Ad&ess Pcrcentag¢ of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional_ parties, list all individuals or officers, if a corporation, partnership, or mast. Name and Ad&ess ' g. Date subject property acquired (x) leased ( ): 1/99 Term of lease yrs./mos. If, Petitioner has option to buy, indicate date °foption: N/A and date option terminates: , or anticipated dosing date AGENDA ri'EM ~. /?/~ APPLICATION FOR PUBLIC HEARING FOR PUD REZONE-5/98 JUN 0 8 1999 PAGE 3 OF 16 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. 3. Detailed legal description of the orooertv 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 recent survey (completed within the last six months, m~irnum 1" to 400' scale) if required to do so at the pre-application meeting. 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 be required. Section: 15 Township: 48 s Range: 25 E Lot: N/A Block: N/A Subdivision: Tamiami Professional Center PlatBook 31 Page#:71&72 Property I.D.#: 00152320007 Metes & Bounds Description: See Subdivision Plat 4. Size of property: ..200 fL X 2,520 fL =Total Sq. Ft. 504,000 Acres 11.58 5. Address/generallocation of subject property_: See Attahhed Location Map 6. Adjacent zoning and land use: Zoning Land use lq C-3/PUD Retail/ALF and Residential S PUD Residential/Golf ~'~ E PUD Residential W A and PUD Vacant (west of US-41) AC~.~AIT~ JUN 0 8 1999 PA( E 4 OF 16 Does thc owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Secfion~' N/A Township;, Range: Lot: Block Subdivision: Plat Book ,. Page #:__ Property I.D.#: Metes & Bounds Description: 7. Rezone Request: This application is requesting a rezone from the PUD zoning district(s) to the ?UD zoning district(s). Present Use of the Property: Vacant/Under Construction Proposed Use (or range ofus~s) of the property: See Attached PUD (office, r. etail, and ALF uses). 8. - Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of th6 Collier County Land Development Code, staffs analysis and recommendation to the Planning Commission, and .the Plan~i~g Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request Standard Rezone Considerations (LDC Seca'on 2. 7. Z5) 1. Whether the proposed change will be consistent with the goals, objectives, and policies and fature land use map and the elements of the growth management pIan. 2. The existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby, distr~cts. ACtA ITEM 0 8 1999 PA ~E 5OF16 ~. PUD REZONE APPLICATION SUBMITTAL CHECKLIST THI,q COMPLETED CHF. CKLIST IS TO BE SUBMITTED WITH APPI;ICATION PACKET! QUIREMENT$' # COPIES REQUIRED REQUIREI 1. Completed Application 11 x 2. 'Copy of Deed(s) and list identifying Owner(s) and all 1 Partners if a Corporation X 3. Completed Owner/Agent Affidavit, Notarized 1 x 4. Pre-application notes/minutes 15 N/A 5. Conceptual Site Plans 15 6. Environmental Impact Statement- 0glS) 4 N/A 7. Aerial Photograph - (with habitat areas identified) 4 8. Completed Utility Provisions Statement (with required 4 attachments and sketches) 9. Traffic Impact Statement - (TIS) 4 t0. Historical & Archaeological Survey or Waiver 4 Application N/A 11. Copies of State and/or Federal Permits [ 4 N/A 12. Architectural Rendering of Proposed Structure(s) 4 to be provid~d 13. Application Fee, CheCk Shall be made payable to _ Collier County Board of Commissioners x 14. Other Requirements - As the authorized ageat/applicant for this petition, I attest that ail of thc infoamfion indizated on ~i-~ ~t is included in fl~ rabmiual package. I und~and that failure to include all n~.~ry ~bmittal information may remit in thc delay of proems this petition Agent/Applicant Signature Date . ,.,',.uc^'r,o~, ~o~ ,.u.uc.£.,~,.~,.o.,.~ .~,~o.~,~- ~.,~ JUN 0 8 1999 ~eff, Sedtion 15 Land Trust being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is.the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, ail sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief WefI understand that the information requested on 'this application must be complete and'accurate and that the content Of this form. whether computer generated or County printed Shah not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/I further authorize Robert Duane to act as our/my representative in any matters regarding this Petition. 'Signature of Property Owner Signature of Property Owner Thomas M. Taylor, Trustee Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this 9th day of. April. , 19 99, by '--r3~ r..~. ~x ,'"T'o-~ w_hho is personalIvj:nown to me or has produced as identification. State of Florida ~ignature of ~ubiic ,-: 'State of County of Collier E'lorida) · I[;[3~%~)i~ ' I ~nt, T~e, or Stamp ~mm~sion~ ~u,,~.,,,~ ,,~,..o: j Name of Nota~ Pub. ;c) ~A~ ' ~ ~GEpg,160~ · s. 2417422 0R: 2499 PG: 1909 Suite Nmples, FL 34103 APR ~ ~eflt ~d by: DO~-.?O JlOO.O0 Su~ 20] . C, mn~'s S. S. No.: Property Apprnlscr's Fnv-.-I Idt~i~lcnzia, No. OO152320O07 WARRANTY DEED -' THIS IND--, marie this 3 1 day of De~cr~ber, 19_98, by and betwoen STEVE HOUSTON, whose post o/fifiee ~s is 1369 South I~~Street, Denver, CO 80210, GRANTOR, and THOMAS M. TAYLOR, as Truste~ of Section 15 Land Trust Agreement ~ thc ~ day of..Tg)aUd~lt-~[ , 199~,%whose post office ex:Idress is 715 Tenth Street South, Naples, FL 34102, GRANTEE, with full power and authority to protect, conserve, sell, lease, encumber, or otherwise to man~gc and dispose of thc hereindcscribcd real property. WITNESSETH, that s~id GRANTOR, for and in consideration of the s-m ofTEN ($10.00) DOLLAKS, and other good and vajuable consideration, to said GRANTOK in hand paid by said GRA:N__ TEE, the rv.c~ipt wher~f is hereby acknowledged, has gtante~ b~rgained, mad sold to thc said GRANTEE, ancl GRANTEE'S heirs and a~igns forever, the following described land situate, lying and being in Collier County, Florida, to wit: The South 200 f~et of the Southwest I/4 of Section I~, Township 45 South, Range 25 East, C°llier County, Florida, less U.S. 41 Read Right-of-Way. SUBJECT to eascmcnfa, restrictions and reservations of x~cord and real c~tate la,xes for the yc~r 1999 and lflI subsequent years. The subject property is not thc homestead of the GRANTOR, nor is it contiguous thereto, as the GKA.NTOR resides at 1369 South Downey Street, Denver, Colorado 80210. TOGETHER with all the tenements, her~litaments, and appurtauanees the~.-to belon~ng or in anywisg appertail~g. GRANTOR does hereby f'~ly warran! the title to said land and will defend the same against the lawfifl claims of ali pm-sons whomsoever. ,---=- ... IN WITNESS WHEREOF, GRANTOR has hereunto set GKANTOR'S hand and seal the day and year first above written. AGENDA ITEM. 0 8 APR OB 1999 14:37 FR QUARLES - BRADY LLP 941 4344998 TO 92623074 P.03×06 -. ~ OR'. 2~ PG: l~lU ~ Signed, sc~lcd and delivered in the presence of: Witness # I// STEVE HOUSTON Pr/at N~',ks/~ l~low: ~9~ ~- ~// 1369 Sou~Do~cy S~ct / ~ ~ tS. .j~/~ ~t~ ~a3 Denver, Colorado 80210 Wimezz ~2 STATE OF COLORADO COUNTY OF ~J~/o/f The foregoing iastnunent was acknowledged before me ~hi~ ~/~day of Dee. ember, 199~ by STEVE HOUSTON [_v'/'] who is personally known to mc or [ ] who hag produced as idcntifi0ation. Typed ~:r l~ntr, atnmn~ of No:ary SECTION 15 LAND T~ST AGREEMENT THIS TRUST AGREEMENT, dated the day of , 1998, is entered into by and among THOMAS M. TAXLOR, as Trustee (the "Trustee"), a~d those persons listed in ARTICLE 4, as Beneficiaries (the "Beneficiaries" or individually, a "Beneficiary"). The Trustee, either has, or is about to acquire title to the real property (the "Property") in Collier County, Florida, described as follows: The South 200 feet of the Southwest 1/4 of Section 15, Township 48 South, Range 25 East, Collier County, Florida, less U.S. 41 Road Right-of-Way. The Trustee will hold the uitle to the Property, in trust, for the following uses and purposes and subject to the following terms and conditions to which the parties agree: ARTICLE 1 FORMATION OF FLORIDA LAND TRUST The parties hereby form a Florida Land Trust (the "Trust") under the provisions of Section 689.071, Florida Statutes, as amended and the right~ and liabilities of the parties shall be as provided in that statute except as otherwise expressly provided herein. ARTICLE 2 DEFINITIONS "Acquisition Expenses" shall mean those expenses, includin~ but not limited to, net purchase price, closing cost~, legal fees, accounting fees, any purchase money mortgage financing costs, survey costs, termite and other inspection fees, ~ravel expense~, and miscellaneous expense related to the acquisition of the Property. "Beneficial Interest" shall mean the ownership interest in the Trust of each Beneficiary. "Beneficiary" or "Beneficiaries" shall mean the owners of beneficial interest in the Trust. "Cash Available for Distribution,' shall mean Cash F1,,w -~ Net Sales Proceeds minus'any reserves for contingencies or for any Trust purposes which the Trustee in its sole APR 08 1999 14:~? FR QUARLES - BRADY LLP 941 4Z44998 TO 92625074 P.05/06 deems reasonably necessary or appropriate for the operation of the Trust. "Cash Flow" shall mean all cash receipts of the Trust, including sales proceeds and rental income, other than capital contributions, but including proceeds of any Capital Transaction, after deducting charges and cash expenditures incurred in the operation of the Trust. "Capital Contribution means the amount in cash contributed by each Beneficiary to the capital of the Trust for their percentage of beneficial interest. "Capital Transaction" shall mean (i) any sale, exchange or other disposition of the Property, in whole or in part; (ii) receipt of any insurance proceeds; (iii) receipt of proceeds of mortgage financing or refinancing; (iv) receipt of proceeds or condemnation awards, and (v} any other similar items which in accordance with Federal income =ax 'accounting principles are attributable to capital (except capital contributions by Beneficiaries). "Net Sales Proceeds" shall mean the cash proceeds realized by the Trust as the result of the sale of the Property, in whole or in part, whether the cash is received at the time of sale or from principal or interest payments made by buyers on promissory notes issued in connection with sales, after paymen~ of all expenses of such sale, including brokerage commissions, if applicable, minus (i) any disposition fees then due and payable in connection with the sales of the Property by the Trust, and (ii) such reserves for contingencies and expenditures for any Trust purpose which the Trustee in their sole discretion deem reasonably necessary or appropriate for the operation of the Trust. "Ordinary Operating Expenses" means Trust expenses incurred in the ordin.ary course of operatin~ the Trust's business. "Trust" means Section 15 Land Trust, a Florida Land Trust formed by the Trust Agreement.. "Trustee" means Thomas M. Taylor or his Successor Trustee(s). ARTICLE 3 NAME 0F TRUST The name of the Trust shall be "Section 15 Land Trust" or such other name as the Trustee shall hereafter designate. ARTICLE 4 BENEFICIARIES T~e name, address and beneficial interest~ of the Beneficiaries are as follows: AGENDA rrEM-- -2- JUN O 8 RPR 08 1999 14:58 FR QUARLES - BRRDY LLP 941 4544998 TO 92625894 P.06706 Thomas M. Taylor 71S Tenth Street South 40.0% Naples, Plorida 34102 George Hermanson 715 Tenth Street South 15.0% Naples, Florida 34102 Ned E. Dewhirmt 715 Tenth Street South Naples, Florida 3~102 Robert L. Murray 715 Tenth Street South 15. Naples, Florida 34102 Ronald E. Benson, Jr. 7lB Tenth Street South 10.0% Naples, Florida 34102 John R. Wolski 715 Tenth Street South Naples, Florida 34102 ARTICLE 5 PURPOSE Section 5.1. The purpose of this Trust Agreement is for the Trustee to only hold title to the Property and the'proceeds, profits, and avails, if any, that may come into the Trustee's possession by direction of the Beneficiaries or by the specific terms in this Trust Agreement for the ultimate use and benefit of the Beneficiaries. The Trustee shall not manage or operate the Property nor %Lndertake any other activity not strictly necessary to the attainment of the foregoing purpose. Sec~£on $.2 The Trust has been formed for the purpose of acquiring, owning, holding, maintaining, selling, exchanging, leasing and otherwise dealing with the Property. Section 6.1 The purpose of this Trust Agreement if for the Trustee to hold title to the Proper~y and the proceeds, profits, and avails, if any, that may come into the Tr~s~ee's possession by direction of the Beneficiaries or by the specific terms in this Trust Agreement for the ultimate use and benefit of the Beneficiaries. The Trustee shall manage and operate the Property and undertake any other activity necessary =o the attainment of the trust purpose. Section 6.2 Th~ Trust has been formed for the purpose of acquiring, owning, holding maintaining, developing, improving, selling, exchanging, leasing and otherwise dealing with the Property. JUN O 8 ~-,~-? L, /. '~'~-[-" j~ "", LF=F= COUNTY ~ I / ESTA~S ~ ESTA~S J -' "" LOCATION · i ~ .~,~s ~ ~ I N PASS ' , J / ~ RI~ RI~R -- L. ~ ~ ~ · ~oe~/, SH~ES ~ ~ N N ' H. P~ .~OUGHBY ~ ~ ~ ~ N~S L / -~ ~ .~ ~ PARK ~ ~ / S~S~S '/ ~ CRES~ T - ~ ' ~ (4) ~ ~,...~ . . I ~ ~ I ~ ESTA~ S J ~ Iv,,.,~,. >..2:.,~'~' l~'~ ~ m RID~ F, ~' ~ H / I ...... t I 4000 2000 0 ~PR ! ~ ~oq ;CALE FEET U~.~ ~s ~ A~O~S, ~ PROJECT ~~~=.~=.=-.~..~-=u.~=~o.= LOCATION t~= ~ ~ ~ ..~ ~ ~= - ~, (,.~) =~t MAP .... ORDINANCE 99- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING TI-IE OFFICIAL ZONING ATLAS MAP NUMBER 8515S BY CHANGING THE ZONING CLASSIFICATION OF TI-IE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS TAMIAMI PROFESSIONAL CENTER, FOR PROPERTY LOCATED ON THE EAST SIDE OF U.S. 41 , IN SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF l l.6m AC1LES; PROVIDING FOR THE REPEAL OF 'ORDINANCE NUMBER 98-90, KNOWN AS THE TAMIAMI PROFESSIONAL CENTER PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert Duane, AICP of Hole, Montes & Associates, representing Section 15 Land Trust, petitioned the Board of County Comm/ssioners to change the zoning classification of the her~in described real property; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE: The Zoning Classification 0fthe herein descr/bed real property located in Section 15, Township 48 South, Range 25 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated her~in and by reference made part hereof. The Official Zoning Atlas Map' number 851 $S} as described in Ordinance Number 91-102, the Collier County Land D~v¢lopm~at Code, is hereby amended accordingly. Ordinance Nurnber 98-90, known as the Tamiami Professional Center PUD, adopted on November 10, 1998 by the Board of County Commissioners of Collier County, is hereby repealed in AC_.~A ITEId JUN 0 8 1999 -:1.- pg. c_~,~ ._ SECTION THREE.'.. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,1999. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: PAMELA S. MAC'KIE, Chairwoman : Approved as to Form and Legal Sufficiency arj&~'i¢ M. Student Assistant County Attorney ~/idmin/sue/PUD-9g- 11 (1) AGENDA ITEM UN 0 8 1999 pg._ TAMIAMI PROFESSIONAL CENTER PLANNED UNIT DEVELOPMENT Prepared for: Hole, Montes and Associates, Inc. Prepared by: Hole, Montes and Associates, Inc. 715 Tenth Street South Naples, Florida 34102 (941) 262 - 4617 HMA File No. 1998061 July 199.8 Revised October 1998 Revised April 1999 PUD98-110) Date Filed: Date Review by CCPC: Date Approved by BCC: Ordinance No: .JUN 0 8 1999 TABLE OF CONTENTS I. STATEMENT OF COMPLIANCE II PROPERTY OWNERSHIP, LEGAL DESCRIPTION AND SHORT TITLE, AND UNIFIED CONTROL III STATEMENT OF INTENT AND PROJECT DESCRIPTION IV GENERAL DEVELOPMENT REGULATIONS V PERMITTED USES & DIMENSIONAL STANDARDS VI ENVIRONMENTAL STANDARDS --- VII TRANSPORTATION REQUIREMENTS VIII ENGINEERING AND UTILITIES REQUIREMENTS IX WATER MANAGEMENT REQUIREMENTS LIST OF EXHIBITS EXHIBIT A. - CONCEPTUAL PUD MASTER PLAN EXHIBIT B - LANDSCAPING AND WALL DETAIL CROSS SECTION FOR TRACT III NORTH AND EAST PROPERTY LINES JUN 0 8 1999 SECTION I STATEMENT OF COMPLIANCE The development of 11.57 acres of property in Section 15, Township 48 South, Range 25 East, as a Planned Unit Development, to be known as the Tamiami Professional Center Planned Unit Development, is in compliance with the planning goals and objectives of the Collier County Growth Management Plan based upon the following reasons: 1.1 The subject property is located in an area identified as a Mixed Use Urban Residential in the Furore Land Use Element of the Growth Management Plan for Collier Countyi .. 1.2 The project is consistent with the provisions of Commercial Under Criteria of the 1989 Growth Management Plan and may also be found consistent with the proposed. Commercial and Office Infill Subdistrict of the Future Land Use Element of Ordinance 97-67, not yet adopted at the time of application for this Planned Unit Development. 1.3 The project development is planned to incorporate natural systems, existing and manmade, for water management in accordance with their natural functions and capabilities. 1.4 The project shall be in compliance with all applicable County regulations including the - ' Collier Growth Management Plan. 1.5 The project will be served by a complete range of services and utilities as approved by the County. 1.6 The project is compatible with adjacent land uses through the intemal arrangement of structures, the placement of land use buffers, and the proposed development standards contained herein. 1.7 The Planned Unit Development includes open spaces and natural features which are preserved from future development in order to enhance their natural functions and to serve as a project amenity. 1.8 All final local Development Orders for this project are subject to the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance. 1.9 The proposed plan is consistent with Policy 5.8 of the Collier County Growth Management Plan which permits care facilities within the Urban Designated Area subject to regulations contained in the LDC with which the subject property fully complies. AC-.-.-.-.-.-.-.-.~A Il'EM- I - I JUN 0 8 i999 SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION AND SHORT TITLE AND UNIFIED CONTROL 2.1 Property Ownership: The subject property is under contract for purchase to Hole, Montes and Associates and presently in the ownership of: Steve Houston 1369 South Downing Street Denver, Colorado 80210 2.2 Legal Description: The south 200 feet of the southwest 'A of Section 15, Township 48S, Range 25 E of Collier County Florida, less U.S. Highway No. 41 (State Road No. 45). 2.3 Short Title: This Ordinance shall be known and cited as the "Tamiami Professional Center Planned - -Unit Development Ordinance". 2.4 Statement of Unified Control: It is the intent of Hole, Montes and Associates, Inc., to establish a Planned Unit Development on 11.57 acres in Section 15, Township 48 South, Range 25 East, Collier County, Florida. The subject property is under unified control and ownership for the purpose of obtaining PUD zoning. 2.5 Physical Description: . - The subject property is long and narrow, 200 x 2520, and is located just to the south of Imperial Golf Estates and north of Collier Reserve, and on the east side of U.S. 41. Soils for the subject property include seven (7) Immokalee Fine Sand, seventeen (17) Basinger Fine Sand, and thirty-nine (39) Satellite Fine Sand. The site drains into Horse Creek and the Horse Creek flowway will be maintained after development. Water quality treatment will be directed to grassed swales and detention areas prior to discharge into Horse Creek. 2- ] JUN 0 8 1999 p~. SECTION III STATEMENT OF INTENT AND PROJECT DESCRIPTION 3.1 Introduction: It is the intent of the developer to establish a Planned Unit Development meeting the requirements as set forth in the Collier County Land Development Code (LDC). The purpose of this document is to set forth guidelines, for the future development of the project, that meet accepted planning principles and practices, and to implement the Collier County Growth Management Plan. 3.2 Project Description: .- The project is comprised of about 11.57 acres and is located 580 feet south of Imperial Golf Course Blvd. on the east side of U.S. 41 in Section 15, Township 48 South, Range 25 East. Access to the project is prov. ided by a connection onto U.S. 41 and shared access is contemplated with the adjacent property to the north, which will provide access to the three (3) tracts which are proposed for development. The project is intended to support a selected range of retail and office uses on 1.97 acres, and an Assisted Living Facility on 5.52 acres to meet the needs of the surrounding community. 3.3 Land Use Plan and Project Phasing: A. The PUD Master Plan contains a total of six (6) tracts consisting of three (3) development areas, two (2) Conservation Areas and roadway, area and are noted as follows: TABLE Tract I Retail 0.91 Tract II Office 1.06 Tract III A.L.F. 5.52 Conservation Area I Preserve 2.31 Conservation Area II Preserve 0.22 Tract R Roadway 1.55 The Master Plan is designed to be flexible with the placement of buildings, related utilities and water management facilities to be determined at the time of site development plan and permitting approval, based on compliance with all applicable requirements of this Ordinance, LDC and local, state and federal permitting requirements. All tracts may be combined or developed s ,naratelv 3 - 1 JUN O 8 1969 ,~---- subject to compliance with the applicable dimensional requirements contained within this document. Final lot configuration will be determined during the Preliminary Subdivision Plat review process. B. The anticipated time of build-out of the project is approximately three (3) years beginning in 1999. SECTION IV GENERAL DEVELOPMENT REGULATIONS The purpose of this Section is to set forth the development regulations to be applied to the development and use of the Tamiami Professional Center Planned Unit Development and Master Plan. 4.1 General: The following are general provisions applicable to the PUD Master Plan: A. Regulations for development of the Tamiami Professional Center Planned Unit Development shall be in accordance with the contents of this document, the PUD- Planned Unit Development District and other applicable sections and parts of the Collier County LDC in effect at the time of building permit application. Should these regulations fail to provide specific developmental standards, then the provisions of the most similar zoning district in the Collier County 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 all graphic material presented depicting restrictions for the development of the Tamiami Professional Center Planned Unit Development shall become part of the regulations which govern the manner in which this site may be developed. D. All tracts identified on the PUD Master Plan may be used for water management purposes and parking. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 of the LDC pertaining to Adequate Public Facilities at the earliest or next to occur of either fmal SDP_ approval, final plat approval, or building permit issuance applicable to this development. 4.2 Site Clearing and Drainage: Cleating, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County LDC and the standards and commitments of this document at the time of construction plan approval. ^O~.~A 4- I JUN 0 4.3 Easements for Utilities: Easements, where required, shall be provided for water management areas, utilities and other purposes as may be required by Collier County. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all services and utilities to insure compliance with applicable regulations in effect at the time construction plans and plat approvals are requested. 4.4 Amendments to the Ordinance: Amendments to this Ordinance and Master Plan shall be pursuant to Section 2.7.3.5 of the Collier County LDC. 4.5 Project Plan Approval Requirements: Attachment "A", PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to, or concurrent with, PUD approval, a Preliminary Subdivision Plat shall be submitted for the entire area covered by the PUD Master Plan. All subdivision of property and the development of the land shall be in compliance with the subdivision regulations set forth in Section 3.2 of the LDC. Prior to recording of the final subdivision plat, when required by the Subdivision Regulations set forth in Section 3.2 of the LDC, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to ensure compliance with the PUD Master Plan, the County Subdivision Regulations and the platting laws of the State of Florida. Prior to the issuance of a building permit or other development orders, the provisions of Section 3.3, Site Development Plans shall be applied to all platted parcels. 4.6 Sunset and Monitoring Provisions: The Tamiami Professional Center PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approved PUD Master Plans and Section 2.7.3.6, Monitoring Requirements. 4.7 Polling Places: Any community recreation/public building/public room or similar common facility located within the Tamiami Professional Center PUD may be used for a polling place, if determined necessary by the Board of County Commissioners in accordance with Section 2.6.30 of the LDC. 4- 2 JUN O 8 IB 9 4.8 Native Vegetation Retention Requirements: The project shall preserve native habitat, in accordance with provisions of Section 3.9.5, Vegetation Removal Protection, and Preservation Standards, of the Collier County Land Development Code. 4.9 Common Area Maintenance: Common Area Maintenance, including the maintenance of common facilities, open spaces and the water management facilities shall be the responsibility of the owners' association, together with any applicable permits and conditions from applicable local, State, or Federal permitting agencies. _. 4.10 Landscaping Requirements: All landscaping requirements, buffers, walls, and berms shall be developed in conformance with requirements of Division 2.4 of the Collier County LDC pertaining to landscaping and buffering; however, buffering along U.S. 41 at the front of the property shall be at a twenty (20) feet minimum, and the side yard buffer requirements shall be fifteen (15) feet along the north and south property line for all tracts. Landscaping for Tracts I and II shall be of a similar plant material and composition. Furthermore, a . landscape type B buffer shall be developed in accordance with LDC requirements along the north property line in areas adjacent to the proposed office building on Tract II and an - -existing assisted facility located along the north property line. 4.11 Open Space and Common Areas: The project shall meet or exceed the thirty (30) percent open space requirement setforth in Section 2.6.32.3 of the LDC with the conservation and buffer areas depicted on the PUD Master Plan. Open space shall also include all pervious green space with development parcels and lots. 4.12 Signs: As provided for within Section 2.5, Signs, of the Collier County LDC. However, signage for the commercial component Tracts I and II and the ALF, Tract III, of the project shall. be unified into a common design theme. In addition, Tracts II and III shall be permitted a ground sign at the U.S. 41 entrance way. 4.13 Architectural Control: All site and building deSign shall conform to the requirements of Division 2.8 of the Collier County LDC to insure a unified architectural design and theme; however, parking will be generally developed as depicted on the PUD Master Plan for Tract I, the retail component of the project. A~t~A ~lr~ 4- 3 JUN § 8 1999 + 4.14 Parking In accordance with the requirements of Division 2.3 of the LDC and Section 2.6.26.1.2.3. 4.15 Lighting All lighting shall be screened from adjacent properties. Particular attention should be given to shielding all light from adjacent assisted living facility to the north and residential development existing or taking place both north and south of the subject property. AGENDA ITEM 4 - 4 JUN 0 P~. SECTION V PERMITTED USES AND DIMENSIONAL STANDARDS 5.1 Purpose: The purpose of this Section is to identify permitted uses and development standards for areas within the Tamiami Professional Center PUD designated on Exhibit "A", PUD Master Plan for Tracts I, II, III, and Conservation Areas I and II. 5.2 General Description: Tracts I, II, and IV, as shown on the PUD Master Plan, are designed to accommodate a full range of principal uses, and accessory uses. The two Conservation Areas are to be left in their natural state. The acreage of the tracts, depicted on the PUD Master Plan, is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Preliminary Subdivision Plat submittal in accordance with Division 3.2 of the Collier County LDC. All tracts are designed to accommodate internal roadways, open spaces, water management facilities and other similar uses. Development of retail uses, authorized in Section 5.3 for Tract I, shall not be permitted, until such time as, the Future Land Use Element of Ordinance 97-67 of the Growth Management Plan providing for the Office and In-fill Subdistrict is adopted. In the interim, uses authorized by Section 2.2.12, Commercial Professional' District (C-1) and Commercial Professional Transitional District (C-I/T), of the Land Development Code, as they exist as of the date of the approval of this PUD, shall be permitted subject to the requirement that the gross floor area of authorized office uses shall not exceed twenty- five (25,000) square feet. 5.3 Permitted Principal Uses and Structures: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: ' A.) Tracts I & II: 1. All of the Permitted and Conditional uses in the C-1 and C1/T Zoning Districts of the LDC, in effect on the date of approval of this PUD, for Tracts I and II, excluding; homeless shelters, and soup kitchens. 2. Retail uses on Tract I are those permitted in the C-2 District of he 1 in effect' on the date of approval of this PUD, with the exceptio oftltL ~ /~/'~ 5 - ] JUN 0 8 1Bg9 following: Conditional Uses in C-2 District, gasoline service stations, and drive-in and fast-food restaurants. B.) Conservation Area I and II 1. Permitted Uses for Conservation Areas I and II, depicted on the PUD Master Plan, are limited to boardwalks, nature trails, and similar passive recreational uses, so as to retain these areas fundamentally in their natural state. C.) Tract III: 1. Group Care Facilities (category I & II); care units, subject to the provisions of Collier County LDC section 2.2.3.3.6; nursing homes: assisted living facilities pursuant to 400.402 F.S. and Ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to 651 F.S. and Ch. 4.183 F.A.C.; all subject to Collier County LDC Section 2.6.26. 5.4 Permitted Accessory Uses and Structares - All Tracts: 1. Accessory uses and structures customarily associated with the above permitted A uses and structures, including vehicular garages or covered parking, except in Conservation Areas I and II. 2. Accessory uses typically associated with ALFs, including common areas for food service, recreational uses, and administrative facilities. 3. Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. 5.5 Dimensional Standards for Permitted Uses: A.) Tracts I & II: 1. Minimum Lot Area: Fifteen thousand (15,000) square feet. 2. Minimum Lot Width: One hundred (100) feet. 3. Minimum yard Requirements: a. Front Yard: Sixty (60) feet for Tract I from the U.S. 41 R.O.W., and twenty-five (25) feet for Tract II from the internal roadway edge of the ,--.- pavement. AGENDA ITEM b. Side.Yard: Fifteen (15) feet. 5- 2 JUN 0 8 1999 c.Rear Yard: Zero (0) feet for Tract I interior to the project and twenty- five (25) feet for Tract II. 4. Maximum Height: Three (3) stories or thirty-five (35) feet for Tract I and three (3) stories or forty (40) feet for Tract II. 5. Minimum Floor Area: One thousand (1,000) square feet for each building on the ground floor. 6. Minimum Off-Street Parking and Off-Street Loading: As required in Section 2.3 of the LDC. 7. Merchandise Storage and Display: Outside storage or display of merchandise is prohibited. 8. Development Intensity: A maximum of fifteen thousand (15,000) square feet of retail may be developed on Tract I. A maximum Of twenty-five thousand (25,000) square feet of office use maY be developed on Tract II. (See also Section 5.2 of this Ordinance.) B.) Tract III: 1. Minimum Lot Area: One (1) acre. 2. Minimum Lot Width: Two hundred (200) feet. 3. Minimum Yard Requirements: a. Front Yard: Fifteen (15) feet from the edge of pavement of the access drive exclusive of parking areas internal to the project. b. Side Yard: Twenty-five (25) feet, however, within the side yard uncovered patios, sidewalks, and walls six (6) feet or less in height may be permitted within fifteen (15) feet of the property line outside the landscape buffer area. c. Rear Yard: Twenty-five (25) feet. 4. Maximum Height: One (1) story or twenty (20) feet. 5. Minimum Off-Street Parking and Off-Street Loading: As required in Section 2.3, and Section 2.6.26.1.2.3 of the LDC. 6. Building separation: One half (1/2) the sum of the building he ghts. 5 - 3 JUN 0 8 1999 7. Development Intensity: A maximum floor area ratio of .45 is permitted for Assisted Living Facilities in accordance with the requirements of Section 2.6.26 of the LDC. 8. Prior to site clearing, a temporary construction fence will go up around the perimeter of the property for Tract III. Upon completion of filling the site, the construction of the privacy wall will go up at the same time as the construction of buildings along the north and east property lines as depicted on Exhibit B, the landscaping cross section. AGENDA ITEM 5- 4 JUN 0 8 1~°9 P~. -~d SECTION VI ENVIRONMENTAL STANDARDS The purpose of this Section is to set forth the environmental commitments of the project developer. 6.1 Two Conservation Areas are depicted on the PUD Master Plan and comprise 2.53 acres of native habitat to be retained and enhanced. 6.2 The petitioner shall be subject to the landscaping and buffering requirements of Section 2.4 of the LDC, with expanded buffers as provided for herein in Section 4.10 of this' Ordinance. 6.3 Petitioner shall be subject to Section 2.2.25.8.1 of the LDC pertaining to archaeological resources in the event they are identified on the property contained in the Conservation and Coastal Management Element (discovery of a archaeological or historical site, artifact or other indicator of preservation). 6.4 Petitioner shall obtain and submit documentation of all necessary local, state and federal permits. 6.5 The applicant shall be subject to all environmental ordinances in effect at the time of - -development order approvals. 6.6 Native vegetation preservation shall conform to the requirements of Section 3.9.5.5.4 of the Collier County LDC and preserve areas shall be generally provided for as depicted on the PUD Master Plan. Adjustments to the boundaries of the preservation area may be made at the time of Final Site Development Plan Approval in accordance with the standards of Section 4.5 of this Ordinance. 6.7 An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to Final' Site Plan/Construction approval. 6.8 A Gopher Tortoise relocation plan shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. 6.9 Petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding pOtential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and apprc --' ---' Final Site Plan/Construction approval. ~ 6- ] JUN 0 8 ----- 6.10 A Conservation Easement shall be placed over the preserves and recorded on the plat (or by separate instrument if the parcel is not platted) w/th protective covenants per or similar to Section 704.06 of the Florida Statutes. Conservation areas shall be dedicated on the plat to the project's homeowners association or likely entity for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. AGENDA tTEM 6 - 2 JUN 0 8 1999 SECTION VII TRANSPORTATION REQUIREMENTS The purpose of this Section is to set forth the transportation commitments of the project developer. 7.1 The developer shall provide arterial street lighting of the project entrance. Said improvement shall be in place prior to the issuance of any Certificate of Occupancy. 7.2 The road impact fee shall be as set forth in Ordinance 92-2, as amended, and shall be paid at the time building permits are issued, unless otherwise approved by the Board of County Commissioners. 7.3 Internal access improvements shall not be subject to impact fee credits. 7.4 All traffic control devices used shall conform with the Manual on Uniform Traffic Control Devices as required by Chapter 316.0745, Florida Statutes. 7.5 The single project connection to U.S. 41 shall be restricted to right-in/right-out turning movements and left turning movements for southbound U.S. 41 traffic, per FDOT approval. 7.6 Shared access shall be provided with the adjacent property to the north, provided the necessary cross-easements can be obtained. 7.7 Arterial level street lighting shall be provided at the project entrance. 7.8 This office encourages the applicant's pursuit of an access connection with the property to the north to alleviate access conflicts onto U.S. 41 North. 7.9 Evidence of an FDOT Connection Permit or a Notice of Intent to Issue a Connectiori Permit shall be provided prior to the issuance of any development order on the property. AGENDA ITEM m. 7 - 1 JUN O B 1999 SECTION VIII UTILITY AND ENGINEERING REQUIREMENTS The purpose of this Section is to set forth the utilities and engineering commitments of the project developer. 8.1 Utilities: A. Sewer and water service shall be provided by Collier County. All pertinent requirements pertaining to the extension and construction of water distribution and sewage collection facilities shall be met. B. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. C. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not ~-- be in a position to provide water and/or sewer, customers shall be customers of the interim utility established to serve the project until the County's off-site water and/or sewer facilities are available to serve the project. D. Appropriate easements for any project internal water improvements shall be documented on the construction plans and shall be dedicated-to the Collier County Water-Sewer District. E. Construction drawings, technical specifications and all pertinent design information shall be submitted in accordance with Collier County Ordinance 97-017 or amendments made thereto and shall be approved prior to the issuance of development construction approval. 8.2 Engineering: A. Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. B. Design and construction of all improvements shall be subject to compliance with "-'- the appropriate provisions of the Collier County LDC. AGENDA I'~.M 29 _ 8- 1 JU{q O fl 19S9 ,,{._ /,y' C. Subdivision of the site shall require platting in accordance with Section 3.2 of the LDC to define the right-of-way and tracts shown on the PUD Master Plan. D. The developer and all subsequent petitioners shall be required to satisfy the requirements of all County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site, including but not limited to Preliminary Subdivision Plats, Site Development Plans and any other application that will result in the issuance of a final development order. AGENDA ITEM 8- 2 JUN 0 8 1999 Pg. ~ SECTION IX WATER MANAGEMENT REQUIREMENTS The purpose of this Section is to set forth the water management commitments of the project developer. 9.1 Detailed paving, grading and site drainage plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. 9.2 Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC 9.3 Landscaping may be placed within the water management areas in compliance with the criteria established within Section 2.4.7.3 of the LDC. 9.4 The petitioner shall submit a copy of the SFWMD permit application to Collier County Development Services Engineering Staff for review and comment. AGENDA IT~ 9 - 1 JUN 0 B 1°~9 PJ.__~ ........... ___L_ ~; , ====================== ~" :::::::::::::::::::::::~ E~ ~E ~ ;" ~ Il ~ :'::.[ :: ~:: :: :: :: :: ====================== ,: :::::::::::::::::::::::::::::::::::::::::: [~ ~ m ,47:.:~ I I (' ::::':::::::: I Il ~ :: :: I I ~ ~l I ............... ' ............. ::::{~ ........ I ill{ ~i il:ill . ::L u._,,.: ~. I ~ ii: '"111J ~ : ~:1 ii~ J ___ :: : :~ L .... L] l II 1, I ~~--' ~:=I I ' I It : ~ ::::::::::::::::::::::::: A~A :::::::::::::::::::::::::::::::::::::: ~_ ~- __;..:., ENCORE SENIOR LIVING ,~"' NAPLES, FLORIDA ~ c~/~ TYPICAL TYPE ~ = 507~ Tnn~'nl T~o;I X'~st P.O. II~ a052 N~r,les, Fluid- 34101 Plmne (94 l) 4 I';-~?O? · Fax {'94 ! ) 417417o~t . ]__"TrlT,"r-1 1 EXECUTIVE SUMMARY ADOPT THE AMENDMENT TO THE COLLIER COUNTY COMMUNITY AUTOMATED EXTERNAL DEFIBRH,LATOR ORDINANCE 98-36 O~,CTI~: ~hat the BoarC~' approve 'and' ado3~ the Amendment t°'. tile e~sti~g Community Automated External Defibrillator (AED) Ordinance 98-36. CONSIDERATION: The Amendment of Collier County Ordinance 98-36 will allow non- trained lay rescuers in the setting ora cardiac arrest, who have activated EMS via 911; to operate a public AED via the 911 Dispatcher's Emergency Medical Dispatch (EMI)) instructions, providing that no trained AED Rescuers are available, and there is an AED on site. FISCAL IMPACT: None GR. OWTH ,,MAMAGEMENT .IMPACT: None ,,RECOMMENDATIONS: That the Board approve and adopt the Amendment to the Community Automated External Defibrillator Ordinance 98-36. PREPARED BY: ..... ~ J DATE: ~-/-~P'7 '~-' Lt. Matt Vila, Flight Medic Emergency Medical Services Dept. REVIEWED BY: DATE: Diane B. Flagg, Chief Em~ency ~rvice~/D, el~t. ~~ ~_ [~ ~ REVIEWED BY: J/(/(iAM~~~/~, ~/~ DATE: nmcnae . cNees, ~SSistant County Manager AGENDA ITEM No.-iq ~' - J U ii 0 B 1999 Pg EXECUTIVE SUMMARY REVIEW MASTER SPACE PLAN FOR MAIN GOVERNMENT COMPLEX OBJECTIVE: To have the Board review the Consultant's Master Space Plan for the Main Government Complex. CONSIDERATIONS: The Board has requested a presentation of the proposed Master Space Plan published and presented earlier this year by the County's Consultant, Spillis Candela & Partners and their sub-consultants. The consultant's charge was to: (1) Analyze all existing facilities and space to include Constitutional Officers, Judicial, Federal and State offices. (2) Construct a space plan for current needs. (3) Construct a space plan for future years - 5, 10, and 15 years. (4) Determine the best use of vacant space. (5) Review County space standards and make recommendations. (6) Review potential for adding floors to existing structures. (7) Explore the possibilities of utilizing parking decks, their justification and cost. (8) Furnish pertinent information necessary to complete the DRI forms including traffic studies, retention ponds and building placement. The report (Volumes 1 & 2) have been provided to the Constitutional Officers and all Board members for their review. The following highlights are taken from the report's executive summ ar).': (A) Collier County has experienced one of the fastest rates of residential growth in the entire Country. The population has gone from 86,000 in 1980 to 193,000 in 1996, a 124% increase. By the year 2012, the County's population will increase to over 325,000. (B) From 1986 to 1996, the general County population grew by 58%. During this same period, Circuit Court filings increased by 75%. (C) The County's current space allocation standards for its administrative space are appropriate and considered conservative. The standards (closed and open offices and square feet allocations) were expanded to include judicial applications. (D) There are significant and immediate space needs in the Judicial, Constitutional Officers and General Government categories. (E) The Judicial system and Sheriff's Department components have the most compelling and immediate space needs. There is substantial reason to maintain the cohesiveness and adjacency of Judicial system components. Branch facilities (other than Immokalee) are not required until sometime after 2012. J O 1999 Pg.,. [ Executive Summary Master Space Plan Page Two (F) The "one main campus" concept is working well. Future satellite development should be limited to high volume, high public convenience services similar to those provided by the Tax Collector. (G) There is no compelling reason to return the permitting agencies (Development Services) back to the Main Government Complex. The "one stop shopping" concept is working well at the present location. (H) A good food service is needed and should be located in the proposed Administration Building. The Master Plan consists of three phases. The phases and their components are as follows: Phase One: (Completed by 2002) $89,638,309 Replace the Immokalee Jail Renovate State Attorney's Area (6~h Floor) .~----. Add 240 beds to the Naples Jail Facility Develop Complex Boulevard Renovate the old Naples Jail Facility Pedestrian Walkway Construct a Sher/f?s Operations Bldg. Addition Parking Deck (5 stories, 840 spaces) Construct a Sheriffs Administration Addition* Chiller Plant (2 - 750 Ton Chillers) Renovate Old Administration Area Pavilion and Sitework Demolish Old Courthouse Dev. Ser. Addition / Public Wks. Complete 4th Floor of Courthouse* Golden Gate Service Center Renovate multiple floors of Courthouse North Naples Service Center Build Courthouse Annex Building * Approved and Funded Phase Two (Completed by 2007): $36,866,726 Courthouse Renovation, 5~h Floor Demolish Old Snack Bar BCC Administration Tower Demolish Old Elections Building Pedestrian Plaza Miscellaneous Sitework Parking Deck (1130 Spaces) Phase Three (Completed by 2012) $38,550,127 Courthouse Renovation 6th Floor for Courts OCPM Building Demolish ---'- Judges Parking Lot Expansion (58 Spaces) Tax Collector & Property App. Bldg. Demolish t-n x Health and Public Services Bldg. Add F}oors Parking Deck (5 Stories, 4' 56 Admin. Building Renovation & Addition Sitework d'J N 0 1999 Executive Summary Master Space Plan Page Three Phase Four (Completed by 2017) $48,510,676 General Admin. Bldg. General Admin. Bldg. The Master Plan will provide the Board with a "baseline" or reference for land and building use at the government complex for the next twenty years. The consultants conclusion is that the Board has acquired sufficient land, that if properly utilized, will provide the necessary space to accommodate their requirements beyond the year 2017. The Plan is subject to restrictions as directed by the Development of Regional Impact (DRI), currently being developed. Staff may be required to assist in the mitigation of these items. The Plan has been reviewed by the Board's Productivity Committee and representatives of all the Constitutional Officers. FISCAL IMPACT: Funding options for this Plan are being reviewed by the County Administrator's Office. GROWTH MANAGEMENT IMPACT: The Growth Management impact will be determined as each project is approved. RECOMMENDATION: That the Board of County Commissioners review the Consultant's recommendations. Prepared By: : ~/.~f::~~ Date: Skip Camp, CFM, Director The Department of Facilities Management a pprovedBv: ~~'x ~-;":>-:~--~'~x Date: ' Leo E.-Ochs, Jr., Ad~inistrat0'r Support Services ;~ision COLLIEI~ COUNTY : BO~'~ OF COUNTY COMMISSIONERS ! ' DI VIENT OF FACILITIES MANAGEMENT i i 15 ~., Space Inventory & Program April 10, 1997 Current Inventory of Office Space ADDRESS ~ i i I~ .~ Administration Building f3301 US 41, E ' 78,480 i New Courthouse i3301 US 41, E i 115,000 23,000 Capital Projects Mgr. r3301, US 41, E ~ 8,1981 I I '8,198: General Services Building :3301 US 41, E 5,000' I ' Health and Public Services 3301 US 41, E ~ 75,000~ i j Property Appraiser Add 3301 US 41, E 2,340 ; I : -2,340 Property Appraisers 3301 US 41, E 9,975 ' ' -9,975 Elections 3301 US 41, E 7,020 ~ -7,020 Sheriff's Administration 3301 US 41, E 28,750 -28,750. Tax Collector 3301 US 41, E 12,384. ~ -12,384 Tax Collector 1986 Addition 3301 US 41, E 3,320 ; -3,320 Tax Collector 1996 Addition 3301 US 41, E 2,100 , -2,100 Transport,/Ice Storage 3301 US 41 E 3,900 i bevelopment Services Bid 2800 N Hors. Dr. ' 40,000 ' Operations Proposed 59,810 Admin Addition Proposed 34,509, C~.LL-thouse Annex Proposed 103,400 ' ~..,opmentServ/Pubiic wks Proposed 60,000 BCC Tower Proposed 110,392 : Less Shell '. -27,598 Build Finish Shell 27,598 Three Additional-Floors BId~H' Proposed ; 75,000 4 Story Building Proposed 110,092 4 Story Building Proposed ~ ~ ~ 110,092 I ; Totals Per Period : 391,467 28,759 223,210 75,774 36,683 Previous Period : 391,467 420,226 643,436 719,210 Accumulative Totals : ~ 420,226 643,436! 719,210' 755,893 Program Requirements (DGSF) 417,919 417,919 481,831 523,3851 561,113 TJ2tal Sq Ft Required (32%) 551,653 551,6531 636,017 690,868 740,669 15.29% 8.62%; 7.21% SurPlus / (DefiCit~ ' -160.186' -131.427 7.419 28.342 15.224 , i ~ AGENDA I:.T.~ Spl01 : J'J 0 1999