Agenda 03/28/2000 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, March 28, 2000
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 CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN
ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU,
· TO THE PROVISION OF CERTAIN ASSISTANCE. pLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,
NAPLES, F~LORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING
IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFF1CE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION - Reverend Robert Jacobs, Messiah Lutheran Church
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDAS
A. APPROVAL OF CONSENT AGENDA.
B. APPROVAL OF SUMMARY AGENDA.
C. APPROVAL OF REGULAR AGENDA.
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March 28, 2000
4. APPROVAL OF MINUTES
A. Board of County Commissioners Workshop- March 7, 2000
5. PROCLAMATIONS AND SERVICE AWARDS
A. PROCLAMATIONS
1)
Proclamation proclaiming March 28, 2000 as Habitat for Humanity of Collier County Day
in Celebration of the Construction of Its 300th Home. To be accepted by Dr. Sam Durso,
President/Habitat for Humanity of Collier County
2) Proclamation proclaiming March 21,2000 as Naples Junior Civitan Club Day. To be
accepted by Mr. David Fife, President, Junior Civitan Club
3) Proclamation recognizing Gator Osceola, Everglades City School, Census 2000 Committee
poster contest winner.
4)
Proclamation recognizing the Friends of the Parks. To be accepted by Ms. Karen Wood,
East Naples Community Park; Ms. Evelyn Vidaurri, Immokalee Community Center; Ms.
Lynn AIlyn, Veterans Community Park; Ms. Carolee Steelman and Ms. Donna Koenig,
Vineyards Community Park; Ms. Carole Timbers, President, Mr. and Mrs. Leon Eisenbud,
Barefoot Beach; Ms. Ginny Stack, President, Sugden Regional Park, and Ms. Nancy Sineni,
President, Tigertail Beach.
B. SERVICE AWARDS
1)
2)
3)
4)
5)
7)
8)
9)
1o)
David Miller, Transportation - 15 Years
Pamela Moore, Children's Library - 10 Years
Peggy Ruby, Parks & Recreation - 10 Years
Jorge Gonzales, EMS - 5 Years
James Turner, Building Inspector - 5 Years
James Dix, Insp. & Plan Review - 5 Years
Wayne Watson, EMS - 5 Years
Izeil Hall, Road & Bridge - 5 Years
Lorraine Oldham, Community Development - 5 Years
John Dunnuck, ili - County Administration - 5 years
C. PRESENTATIONS
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March 28. 2000
6. APPROVAL OE CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES.
?. PUBLIC PETITIONS
A. Mr. & Mrs. Horbal regarding a Code Enforcement decision - removal of Jax'a Plum trees.
B. Ms. Karen Rigel regarding immokalee Road.
8. COUNTY ADMINISTRATOR'S REPORT
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1)
Response to request to consider the rezoning of the Naples Park Subdivision from RMF-6
(residential multi-family) to residential single family at the request of a representative of the
Association of Property Owners of Naples Park.
2) THIS ITEM WAS CONTINUED FROM THE MARCH 14, 2000 MEETING Approve an
alternative road impact fee calculation for the Naples Philharmonic Center for the Arts.
B. PUBLIC WORKS
1) Award a Construction Contract to APAC - Florida, Inc. for the widening of Golden Gate
Boulevard from CR 951 to Wilson Boulevard; Bid No. 00-3039, CIE No. 62.
2)
Approve staff request to transfer Six-Lane Improvements on Golden Gate Parkway from
Airport Road to Santa Barbara Boulevard (The "Project") from Florida Department of
Transportation (FDOT) Work Program to Collier County Work Program.
3)
CONTINUED FROM MARCH 14, 2000: Transportation options for a portion of the
roadway network bounded by Wiggins Pass Road, U.S. 41, Vanderbilt Drive and 111th
Avenue.
4) Presentation on Water Sources to address the supply of water through the Year 2020.
5) This item has been deleted.
6) Response to Board request for investigation of one-way extension of Piper Boulevard
between Livingston Road and Strand Boulevard and request for direction for further study.
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March 28, 2000
7)
Declare an emergency condition and approve amendment No. 1 to the professional services
agreement with Agnoli, Barber & Brundage, Inc. (AB&B), to incorporation Phase IV of
Livingston Road design into the Phase II1 design while maintaining the same plan
production schedule. Project No's 60071, 62071, 62061.
C. PUBLIC SERVICES
D. SUPPORT SERVICES
E. COUNTY ADMINISTRATOR
F. AIRPORT AUTHORITY
G. EMERGENCY SERVICES
9. COUNTY ATTORNEY'S REPORT
10.
BOARD OF COUNTY COMMISSIONERS
A. Discussion regarding Everglades Restudy funding options (Commissioner Mac'Kie).
B. Appointment of member to the Ochopee Fire Control District Advisory Committee.
C. Reconsideration of renaming of the Collier County Courthouse.
Discussion regarding results of Golden Gate Estates Area Civic Association Su~'vey Results.
(Commissioner Constantine)
4
March 28. 2000
E. Appointment of member to the Golden Gate Community Center Advisory Committee.
!1. OTHER .ITEMS
A. OTHER CONSTITUTIONAL OFFICERS
1) Joint Presentation of the Certificate of Achievement for Excellence in Financial Reporting
and the Distinguished Budget Presentation Award.
2) Presentation of the Comprehensive Annual Financial Report for the Fiscal Year Ended
September 30, 1999.
3) Department of Finance and Accounting seeks approval to file State of Florida Annual Local
Government Financial Report for Fiscal Year 1998-99.
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
C. OTHER
1)
Conduct a Public Hearing to receive comments concerning a Community Development
Block Grant application; and approve a Resolution authorizing the County Manager to
apply for a $350,000 Economic Development Grant offered through the Florida Department
of Community Affairs.
2)
An Emergency Ordinance amending Ordinance No. 95-66, the Collier CoUnty Vehicle for
Hire Ordinance - (subsection 142.35(b) of the County's Code of Laws and Ordinances) - to
authorize a temporary emergency increase in taxicab rates due to the extraordinary increase
in motor vehicle fuel costs; providing for conflict and severability; providing for inclusion
into the Code of Laws and Ordinances; providing special effective date.
3)
CONTINUED TO APRIL 11~ 2000 MEETING: To consider adoption of an ordinance to
amend Collier County's Noise Ordinance No. 90-17, as amended; lowers by five decibels
Table I Noise Levels Applicable to Residential Tourist Residential and Commercial
Property; adds Table Il - Maximum Noise Levels to be Tested by Octave Band Analysis;
adds vibration standards applicable to residential and tourist residential sites and units;
5
March 28. 2000
amends parts of Section F; provides for conflict and severability; provides for inclusion into
the Code of Laws and Ordinances; provides for a delayed effective date.
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
l)
Petition V-99-28, Richard and Leslie Lilien requesting a 5.5 foot variance from the required
7.5 foot setback to 2 feet for property located at 10262 Vanderbilt Drive, further described
as Lot 26, Block 40, Naples Park Unit 6, in Section 28, Township 48 South, range 25 East,
Collier County, Florida.
14.
B. OTHER
STAFF'S COMMUNICATIONS
15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
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March 28, 2000
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 b> a
member of the Board, that item(s) will be removed from the Consent Agenda and considered
separately.
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) To receive Board approval ofa Newsrack Agreement and Waiver of Liability form.
2)
Petition C-2000-5, Marlo Valle, representing Gulf Coast High School Band Boosters,
requesting an After-The-Fact permit for a carnival that was held March 9, 10, 11 and 12,
2000, on property adjacent to the high school grounds located at 8200 Immokalee Road.
3) Authorization ora 100% waiver of impact fees for one house to be built by Antonio Ramirez
at 5469 Hardee Street in Naples Manor Addition, Collier County, Florida.
4)
Deferral of one hundred percent of the impact fees for a 104 unit affordable housing project
to be built by Wild Pines of Naples, Phase I1, LTD., a Florida Corporation known as Wild
Pines Apartments Affordable Rental Units.
5) Authorization of a 75% deferral of impact fees for one house to be built by Erika Abrams at.
5013 Catalina Court, in Colony Pines, Collier County.
6)
Recommendation to approve Commercial Excavation Permit No. 59.732, "Creative
Excavating, U 39, TR 68" located in Section 5, township 48 South, Range 28 East: bounded
on the east, south, and west by vacant land zoned Estates, and on the north by 54th Avenue,
N.E.
7)
Recommendation to approve commercial excavation Permit No. 59.731, "Jim Weeks
Commercial Excavation TR 93, U 72" located in Section 28, Township 48 South, Range 28
East, bounded on the north, south, and west by vacant zoned estates, and on the east by
DeSoto Boulevard.
8) Final Acceptance of water facilities for Yarberry Lane House.of Worship.
9)
Request to approve for recording the final plat of"Pelican Marsh Unit Nineteen", and
approval of the Standard Form Construction and Maintenance Agreement and approval of
the amount of the performance security.
10)
Request to approve for recording the final plat of "White Lake Corporate Park, Phase
Three", and approval of the Standard Form Construction and Maintenance Agreement .and
approval of the amount of the performance security.
11) Final Acceptance of water facilities for St. Croix at Pelican Marsh.
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March 28, 2000
B. PUBLIC WORKS
1) This item has been deleted.
2) A~ard Bid 99-3005 to selected firms for manhole, lift station and wet well rehabilitation
contracting services.
3)
Approve Work Order WMBP-FT-00-01 to Wilson Miller, Inc. for Engineering Services
related to proposed improvements to the Potable Water System in Pelican Bay, Project
74023.
4) Approve Change Order to the North Count) Regional Water Treatment Plant 8-MGD
Expansion, Bid 97-269OR, Project 70859/70828.
5) Request approval to use funds from the Solid Waste Tire Grant to provide safety pla),
surface at various locations in Collier County.
6) Approve Amendment No. 2 to the Professional Services Agreement with Wilson Miller, Inc.
for the Gordon River Extension Basin Stud)' (Phase Ill) Project #31005.
7) Authorize funds for Professional Services to perform post-construction monitoring
requirements for the Collier Count)' Beach Restoration Project.
8) Approve staff ranking of firms for Contract Negotiations for Grade Separation Stud),, RFP
#99-3010.
9) Authorize the Chairman of the Board of County Commissioners to execute a Sovereign
Submerged Lands Easement for the Water Turkey Bay Maintenance Dredging Project.
10)
Approve funding for a Work Order with Hartman & Associates, Inc., for Engineering
Services related to noise issues at the North County Regional Water Treatment Facility,
Project 70063.
11) This item has been deleted.
'12)
Approve a Developer Contribution Agreement between the County, SUNCO Building
Corporation and the Islandwalk Development Company for provision of Right-of-Way and
Stormwater Management Facilities related to the future extension of Logan Boulevard one
mile north of Vanderbilt Beach Road.
13) Award Bid No. 00-3042 "Purchase of One (1) Portable Self-Contained Vacuum Unit".
14) Award Bid No. 99-3029 "Purchase of Seven (7) Trailer Mounted Portable Generators."
15) Approve a Resolution directing that certain roadways in the Unincorporated Area of Collier
County be maintained by Collier County.
16)
Award a Contract to Surety Construction Company to construct a sound attenuating
enclosure for effluent transfer pumps at the South County Reclamation Facility, Bid 00-
3049, Project 73916.
17)
Approve Work Order No. SMT-FT-00-04 with Southern Mapping Technology, Inc. for an
aerial survey of the proposed widening of Vanderbilt Beach Road from Airport Road to CR-
951 (Collier Boulevard), Project No. 63051, C1E #63.
8
March 28. 2000
18)
Award Construction Engineering Inspections Services Contract to Wilson Miller, Inc. for
the ~idening of Golden Gate Boulevard, Collier County Project No. 63041, CIE No. 62, RFP
#99-3022.
C. PUBLIC SERVICES
!)
Approval of a resolution and certification by the Board of County Commissioners and
signature of the Chairman permitting the Collier County Public Library to apply for a State
Construction Grant to enlarge the lmmokalee Branch Library.
D. SUPPORT SERVICES
I)
2)
Approxral of Amendment No. 2 for Architectural Services for the Design of the lmmokalee
Jail Center, RFP #98-286?.
Appropriate Carryforward Funds in Human Resources Information System Capital
Projects Budget.
3) Renewal and Approval of Prequalified List of Appraisers and Appraisal Firms for Real
Estate .Appraisal and Valuation Services.
4) Approval to Modify Authorization Method of Bid #99-2978 for Painting Contract.
5) Enter into an Agreement with Coastland Center for Exhibitor Space During National
County Government Week, April 1%22, 2000.
6)
Resolution for Approving the Satisfaction of Lien for a Certain Residential Account
Wherein the County has Received Payment and Said Lien is Satisfied in Full for the 1992
Solid Waste Collection and Disposal Services Special Assessments.
7)
8)
Resolution for ApproVing the Satisfactions of Liens for Certain Residential Accounts
Wherein the County has received Payment and said Liens are Satisfied in Full for the 1994
Solid Waste Collection and Disposal Services Special Assessments.
Resolution for Approving the Satisfaction of Lien for a Certain Residential Account
Wherein the County has received Payment and said Lien is Satisfied in Full for the 1991
Solid Waste Collection and Disposal Services Special Assessments.
9
March 28, 2000
COUNTY ADMINISTRATOR
1) Approval of Budget Amendment Report - Budget Amendment #00-168; #00-172; #00-179;
#00-180.
F. BOARD OF COUNTY COMMISSIONERS
i)
Resolution of the Board of Count)' Commissioners supporting the candidacy and election of
Commissioner Rudy Malloy to the position of NACo Second Vice President. (Commissioner
Constantine)
G. EMERGENCY SERVICES
1) Appropriate revenue from donated moneys for purchase of Automatic External
Defibrillators to be placed in high risk locations in Collier County.
2)
Approval of an agreement between the State of Florida Department of Community Affairs
and Collier County, Florida to accept State and Local Assistance (SLA) Funding for Local
Emergency Management.
H. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
OTHER CONSTITUTIONAL OFFICERS
l) Request that the Board of County Commissioners authorize expenditure of Budgeted 301
Funds for the purchase of 800 MHz portable radios for the Sheriff's Office.
10
March 28, 2000
2)
Recommend that the Board of County Commissioners serve as the Local Coordinator Unit
of Government in the State of Florida's Department of Community Affairs Anti-Drug Abuse
Act Formula Grant Program.
J. COUNTY ATTORNEY
1)
Recommendation that the Board of County Commissioners approve a litigation position and
legal secretary position in the Office of the County Attorney and approve the necessary
budget amendments.
:)
Recommendation that the Board of Count3 Commissioners authorize the employment of a
land use attorney and legal secretary to be dedicated to the Community Development and
Environmental Services issues and approve the necessary budget amendments.
17.
K. AIRPORT AUTHORITY
SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLlC 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 OFTHE
BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO
INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM.
An Ordinance amending Collier County Ordinance No. 93-20, the Disaster Recovery Task Force
Ordinance; amending Section Four, "Composition, Appointment, Terms of Office of Recovery
Task Force," by revising the membership to twenty-seven to include a member from the City of
Marco Island; amending Section Five, "Removal From Office; Failure to Attend Meetings," to
conform with the requirements of Collier County Ordinance No. 86-41, as amended; providiug
for conflict and severability; providing for inclusion in Code of Laws and Ordinances; and
providing an effective date.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE
COUNTY ADMINISTRATOR'S OFFICE AT 774-8383.
I1
March 28. 2000
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
MARCH 28~ 2000
MOVE: ITEM 16(B)(2) TO 8(B)(8) - AWARD BID 99-3005 TO SELECTED
FIRMS FOR MANHOLE, LIFT STATION AND WET WELL
REHABILITATION CONTRACTING SERVICES. (STAFF'S REQUEST).
STAFF COMMUNICATION
1. DISCUSS BCC MEETING DATES FOR THE MONTH OF MAY.
WHEREAS,
PROCLAMATION
Habitat for Humanity of Collier County began its mission in 1978 to
eliminate poverty housing; and,
WHEREAS, Habitat volunteers and homeowners have built 200 homes in Immokalee
and fO0 homes in Naples; and,
WHEREAS, the lives of the Habitat families comprised of 1,500 residents of Collier
County have become enriched through the pride of first time home
ownership; and,
WHEREAS, each of the 300 Habitat families worked over 500 "sweat equity" hours
to build other Habitat homes as well as their own; and,
WHEREAS., each of the 300 Habitat homeowners buys the home at cost from Habitat
' and pays an interest-free mortgage for twenty'years; and,
WHEREAS, each of the 300!Habitat families pledge to partner with Habitat to build
not only ho~buta corrtmuni'ty; ~d,
WHEREAS, the ~Itat.~Y!!~umanity of Collier County Boa'.of. Directors,
vol~te~i~d staff ~re committed to b~iltdan additional 250 homes for
otb'dealing Collier.Coun~y families bY
NOW THEREF~R£i.be it proclaimed by the Board of County Commissioners of
COi~i~i'County, Florida, that March 28, 2000, be designated as
~:=i;i~A T FOR,HUMANITY OF COLLIER CO(!NTy J)A Y '
IN C~~1'ION OF THE CONsTRucTION 0F1~$3~~ HOME
DONE AND ORDE~:~:~8~. Day
~f ~March, 2000.~
· ATTEST:
i COLLi~OUNTY, FLORIDA
DWIGHT E. BROCK, CLERK
PROCLAMATION
WHEREAS,
WHEREAS,
the Neapolitan Civitan Club is sponsoring the Naples Junior Civitan Club, a part of
an international organization dedicated to helping our youth unite to make a
difference in our society; and,
Junior Civitan teaches our youth to be "Builders of Good Citizenship", being
centered on helping the communities while supporting their members to live fuller
and unselfish lives; and,
WHEREAS,
Junior Civitan is progressive in a world of change, and their members have pledged
to be aware citizens, seeking to meet the needs of the world in order to insure a
better future for all people; and,
WHEREAS,
the Naples Junior Civitan Club has made a commitment to help other citizens of the
world that are in need ~n their desire to make this a better world in which we live;
ancl.
WHEREA S,
a group ofded~cated local youths are founding the Naples Junior Civitan Club by
directing their allergies to help the Naples community and their fellow citizens; and,
WHEREAS, the Naples Junior Civttan Club's pled~le will further bene~ the Naples community
aitd have positive effect on its citizens.
NOW THEREFORE; be !tproclaimed by the Board of County Commissioners of Collier County,
Florida, that March 2t, 2000, be designated as
NAPLES JUNIOR ClVITAN CLUB DAY
DONE AND ORDERED THIS 28TH Day of March, 2000.
:BOARD OF~MMISSIONERS
coLUE~r~uNTy, FLORIDA
T~HY J, Cb~3rAN~"ffi1~, CHAIRMAN
A TTES T:
DWIGHT E. BROCK, CLERK
AGENDA ITEM
NO · ~_....'..,,; .....
MAR 2 8 ZOOC'
Wh'EREAS,
PROCLAMATION
Collier County government initiated e Census 2000 public awareness and education
campaign to encourage residents to fin out and mail in their questionnaires; and,
WHEREA S,
Census 2000 is vital to the future of Collier County because results determine the
amount of federal funding allocated here for 10 years that will be used for roads,
education, health care, social services, fibraries, senior centers and other
community needs; and,
WHEREA S,
children are an especially critical element in the overall success of the Census 2000
count and in 1990, more than 4 million persons were missed in the United States,
and more then half of those were children; and,
WHEREAS,
WHEREAS,
the local
involved in -~
~ugho~t !
contest to get school children
!; and,
fifth.grade students
of professional
WHEREAS,
was fiftl~ grade studeet Gator OSCeola
School.
his
poster.
to promote
by the Board of County Comml
ra~pgnizing Gator Osceola
of Collier County,
March 28, 2000 for
, artistic and thoughtful
tls and helping in our efforts
DONE AND ORDERED THIS 28· Day of March, 2000.
A TTES T:
BOARD OF~MMISSlONERS
COLLIE~OUNTY, FLORIDA
Y J. C~)FSTAN~E: CHAIRMAN
DWlGHT E. BROCK, CLERK
MAR 2
pg.
PROGLAIVIA TION
WHEREAS,
the Friends of Barefoot Beach, East Naples, Immokalee, Tiger Tall Beach, Sugden,
Veterane, and Vineyard Community Parks, and all our program volunteers are an
integral part of the Collier County park system; and,
WHEREA S,
in the past year, the Friends of the Parks and our program volunteers have
contributed $10,392 in donations and over 79,000 volunteer hours; and,
WHEREAS,
their efforts have educated park patrons, made park improvements, assisted in
youth activities and program scholarships for children; and,
WHEREAS,
WHEREAS,
the Friends of the Parks and volunteers have pledged their time to continue this
irk system; and,
the ~t their presence.
the Perils.for their
.the
~tem and
'Collier County,
of all the
~ public and private
do affirm our
given
DONE AND
ATTEST:
DWIGHT E, BROCK~ CLERK
FLORIDA
~Y~HY J. C~)~STAN~E, CHAIRMAN
AGENDA ITE
No. ',~-,~ '~
MAR 2 B 200D
March 14, 2000
COLLIER COUNTY 'ADMINISTRATOR'S OFFICE
3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA :')4112
~ 941', 774-8383
FAX 941~ 774-40i0
Dale & Cheryl Horbal
11213 Longshore Way West
Naples, Florida 34119
Re: Request for Public Petition - Code Enforcement Board Decision - Removal of Java Plum
Trees
Dear Mr. & Mrs. Horbah
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of March 28, 2000 regarding the above referenced subject.
Your petition to the Board of County Commissioners will be limited to ten minutes. Please be
advised that the Board will take no action on your petition at this meeting. However, your
petition may be placed on a future agenda for consideration at the Board's discretion. Therefore,
your petition to the Board should be to advise them of your concern and the need for action by
the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's chambers on the Third Floor of the
Administration Building (Building "F") of the government complex. Please arrange to be
present at this meeting and to respond to inquiries by Board members.
If you require any further information or assistance, please do not hesitate to contact this office.
Sincerely,
Thomas W. Olliff
County Administrato¢"
TWO/bp
cc: County Attomey
Community Development 'Division
AG E N Q.,¢.,2 T ~M
No.,, /C&) _
Pg. I
FAXED TO: 774-4010 - COLLIER COUNTY ADMINISTRATION OFFICE
March 1, 2000
Collier County Board of Commissioners:
I am requesting permission lo appear before the Board at your March 28, 2000
meeting regarding the following matter:
Attached please find a copy of the findings by thc Code Enforcement Board
regarding the removal o£1wo Java Plums that exis~ on our property. I am
prepared to meet with you, provide all information regarding these trees, and
present the Board with our request for a variance.
Please contact me at: 11213 Longshore Way West, Naples, FL 34119, or by
telephone at 596-0640 regarding the approval of our reques[
Sincerely,
Dale and Cheryl I!orbal
pg._ o,~ ,
COLLIER COUNTY ADMINISTRATOR'S OFFICE
March 22, 2000
3301 EAST TAMIAMI TRAIl_
NAPLES, FLORIDA 341 ~ 2
~941. ~ 774-8383
FAX ~941, '774-4[)10
Karen J. Rigel
11147 Longshore Way West
Naples, Florida 34119
Re: Request for Public Petition - Citizens for Safety on Immokalee Road
Dear Ms] Rigeh
'Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners.at the meeting of March 28, 2000 regarding the above referenced subject.
Your petition to the Board of County, Commissioners will be limited to ten minutes. Please be
advised that the Board will take no action on your petition at this meeting. However, yom'
petition may be placed on a future agenda for consideration at the Board's discretion. Therefore,
your petition to the Board should be to advise them of your concern and the need for action by
the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the
Administration Building (Building "F") of the government complex. Please arrange to be
present at this meeting and to respond to inquiries by Board members.
If you require any further information or assistance, please do not hesitate to contact this office.
Sincerely,
Thomas W. Olliff ~
County Administrator
TWO/bp
cc: County Attorney
Public Works Division
Mar-!4-00 12: 12P Technology Partners Inc. 941 435 0757 P.01
I il 47 L,o~gshore Way West
Naples. FL 3411 o
041.5u3-5247
14. 200O
1 represent thc gr~p 'Cilazea.q fbr Safety on lmmokalcc ?cad' ~ I ~ould like ~ oppo~nib
:o ¢c Co~ssioners on ¢c M~ch 28. 2000 mc~!~ I wmdd al~) like to present a ~it~on at
Ulne xx. htch ~drcsses cur concc~ a~t~t fl~ h~rd= o5 ~vmg on Immo~ice m~d our nccd
~mm~late
Please assign mc a tm~c cm thc ~gcndn or' thc March 2~. 2000, mcctmg of the ('olticr County
Corem mswmc'r5 agun~n
Sincerely
"Karuna J Rtgel
EXECUTIVE SUMMARY
RESPONSE TO REQUEST TO CONSIDER THE REZONING OF THE NAPLES PARK
SUBDIVISION FROM RMF-6 (RESIDENTIAL MULTI-FAMILY) TO RESIDENTIAL SINGLE
FAMILY AT THE REQUEST OF A REPRESENTATIVE OF THE ASSOCIATION OF PROPERTY
OVeNERS OF NAPLES PARK.
OBJECTIVE:
The objective of this executive summary is to present the staff's response and recommendations pursuant to
a request made to the Board of County Commissioners, by a representative of the Association of Property
Owner's of the Naples Park subdivision, to rezone that area from its current zoning desigmation of RMF-6
(Residential multi-family) to Residential single family. Staff was directed to return with a recommendation
to the Board as to whether or not rezoning the Naples Park subdivision was consistent with the County's
Groxvth Management Plan and would be the best alternative to address a number of issues identified b5
residents in the Naples Park subdivision.
CONSIDERATIONS:
Following the Board's request at the February 22"d BCC meeting, County staff from the Planning
Department, Public Works Engineering Department, and the County Attorney's office met to discuss the
feasibility of rezoning Naples Park from RMF-6 to a single family residential zoning district. The Naples
Park subdivision is roughly 90 to 95 percent built-out. The majority of existing development in the
subdivision is comprised of single family residential dwelling units. Most new development currently under
construction is also comprised of single family residential. Older duplexes and multi-family dwelling units
(mostly in the form of'triplexes and fourplexes) can be found scattered throughout the subdivision.
The area has some unique characteristics. It is one of the few compact, non-gated, non deed-restricted
communities in North Naples west of U.S. 41. The subdivision is laid out in a grid fashion, and is bordered '
on the east by Commercial zoning along U.S. 41 and on the west by single family development west of
Vanderbih Drive. Lots in the subdivision are platted at a minimum width of 50 feet. It is important to note
that the County's Land Development Code currently does not have a single family residential zoning district
which allows minimum lot widths of 50 feet, although residential PUD's throughout the County have been
approved with 50 foot wide lots. It is not uncommon to see the redevelopment of older, single family
residential structures, occurring throughout the subdivision, especially in the western half.
New commercial development and redevelopment has occurred along U.S. 41, however there is a lack of
separation of land uses and adequate buffeting between the commercial development along U.S. 41 and
residential development within the subdivision. The portion of U.S. 41 that abuts the Naples Park
subdivision is in the process of being widened to 6-lanes. As a result of this widening, access to a number of
local streets in Naples Park from U.S. 41 will be closed, thus significantly increasing traffic levels on those
local streets that remain open. There. is a lack of sufficient pedestrian and bicycle facilities throughout the
development, and the area is heavily populated with school age children. A portion of the subdivision
recently received significant stormwater management improvements. According to the Public Works
Engineering Department, there are future plans for additional improvements.
MAR 2 8 2000
Although rezoning the area to a single family residential zoning district is consistent with existing and new
development in the area, in staffs opinion the Naples Park subdivision presents a unique opportunity for
consideration of redevelopment through the Board approved, Community Character and Design Master
Planning process. The Master Planning process will include issues identified by citizens and staff, and may
result in the creation of a zoning overlay district for the subdivision to collectively address these issues.
Adopting a zoning overlay district could also establish the legal authority to develop single family dwelling
units on 50 foot wide lots (an option that cun'ently only exists in the Land Development Code through the
PUD rezoning process). Under the current Land Development Code, rezoning to a single family zoning
district will prevent future development of multi-family structures on vacant lots, however, it likely will not
prevent the rebuilding of existing, multiple family dwelling units made non-conforming by such a rezoning
throughout the subdivision.
Staff was directed to return with a recommendation to the Board as to whether or not rezoning the Naples
Park subdivision was consistent with the County's Growth Management Plan and would be the most
beneficial alternative to address the number of issaes identified by residents in the Naples Park subdivision.
Specifically. those issues include existing and future tr~.!'~'ic patterns, and the protection of existing, single
family residential neighborhoods from further intrusion of multi-family development, and negative impact
from commercial'development.
After due deliberation, it is staffs opinion that simply rezoning the Naples Park subdivision to single family
is premature at this time, and that the consideration as to whether or not to rezone the subdivision might be
better addressed through the Community Character and Design Master Plan (conducted by the firm Dover,
Kohl and Partners). The DoveffKohl team has already identified the Naples Park area as a community
subdistrict that will be one of five or six specific focus areas examined through this planning process.
Additionally, there is no adopted.Single family residential zoning district in the LDC that can currently be
applied to the Naples Park subdivision. This would necessitate the creation of a new district or the
amendment of an existing zoning district, through the Land Development Code amendment cycle process,
before the area could be rezone& Under the current amendment cycle, this would not occur until December,
-2000. The current time fi'ame for the Dover/Kohl study indicates that the final draft with recommendations
for implementation will be completed in September, 2000.
If this course of action is adopted, the Board may wish to consider a rezoning action in the future as part of
an overall redevelopment plan or an overlay district based on the consultants findings and recommendations.
Under this scenario, it is anticipated that the staff will return to the Board with recommendations from the
consultants once the study is complete.
FISCAL IMPACT:
· A general 'overview of the fiscal impact would indicate that initially, the staff recommendation will have no
additional fiscal impact on the County as the Board has already approved a contract with Dover Kohl &
Associates. The Work they will perform to identify issues and develop recommendations for Naples Park will
fall under the provisions of their approved contract. Those recommendations may have fiscal impacts
ranging from the cost to develop and implement an overlay district, to rezoning the area, and installing traffic
calming devices and/or pedestrian facilities. Staff will return to the Board with recommendations from the
consultants and identify any fiscal impacts as a result of their recommendations.
rm-' -!
2 AR282000
GROWTH MANAGEMENT IMPACT:
Naples Park is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict), and is seaward
of the Coastal Management Boundar3 and Traffic Congestion Boundary, all as identified on the Future Land
Use Map of the Growth Management Plan. Also, a portion of it lies within the Mixed Use Activity Center
located at the US-41 qmmokalee Road intersection which allows commercial development. It is not eligible
for, or subject to, any density bonus or reduction provided in the Density Rating System contained in the
Future Land Use Element (FLUE), except for that portion within the Activity Center. Accordingly, Naples
Park is eligible for a residential density of three units/acre, except the Activity Center portion is eligible for
four units/acre.
Naples Park is zoned RMF-6, which allows residential development at a density of six units/acre; C-3 along
the entire US-41 frontage, which allows commercial uses (office, retail, and personal sen:ice); and, one
commercial PUD. FLUE Policy 5.9, as previously interpreted by the Board of County Commissioners,
permits the further ,!evelopment or redevelopment of properties that are not zoned consistent with the FLUE,
in accordance with the zoning of the property at the time of such further development or redevelopment.
Therefore, Naples Park is allowed to develop in accordance with the existing i~MF-6, C-3, and PUD zoning
districts. However, the County does possess the authority to change the zoning to districts that are consistent
with the residential density and commercial location criteria contained in the FLUE.
Policies 4.4 and 4.7 in the EAR-based FLUE, adopted October 28, 1997 but not yet in effect, provide for the
preparation of corridor management plans and redevelopment plans, both of which may be applicable to the
Naples Park area. The County's consultants to the Select Committee on Community Character and Design
(Dover/Kohl) will be preparing a few prototype plans for community sub-areas. Naples Park will be one of
these sub-areas for which a prototype plan will be developed.
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.
STAFF RECOMMENDATION
Staff recommends that the Board of County Commissioners delay any action to rezone the Naples Park
subdivision from RMF-6 to a Residential Single fanaily zoning district at this time. Staff recommends that
the Board re-examine the possibility of rezoning or taking other action to address issues identified by staff
and presented to the Board by representatives of the Association of Property Owners after the results and
recommendations of the Community Character and Design Master Planning process have been presented to
the Board.
PREPARED BY:
SUSAN MURRAY, A1CP
CHIEF PLANNER
REVIEWED
/
RONALD ~. NINO, AICP
CUR~NT PLANNING MANAGER
DATE
DATE
ROBERT J. MULHERE, AICP
PLANNING SERVICES DEPARTMENT DIRECTOR
DATE
APPROVED BY:
VINCENT A. CAUTERO, AICP, ADMINISTRATOR
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
DATE
Tentatively Scheduled for the March 28, 2000 BCC Meeting
EXECUTIVE SUMMARY
APPROVE AN ALTERNATIVE ROAD IMPACT FEE CALCULATION FOR THE
NAPLES PHILHARMONIC CENTER FOR THE ARTS
OBJECTIVE: Obtain Board approval for an alternative road impact fee calculation for
additions to the Naples Philharmonic in accordance with Section 2.03 of Ordinance 92-22.
as amended, the Collier County Road Impact Fee Ordinance (the "Ordinance").
CONSIDEIL4, TION: In 1999. the Philharmonic's contractor, Boran, Craig, Barber &
Engle, obtained building permits to construct two additions to the existing facility: a
1_,..9,4 sq. fl. office addition and a 30.750 sq. ft. museum. The office addition permit was
issued on April 19, 1999. and road impact fees were assessed at $2.453 per 1,000 sq. ft.
(Office _< 50K sq. ft.), for a total of $34,155.72. The museum addition permit was issued
on July 26. 1999, and road impact fees were assessed at $1,755 per 1,000 sq. fl. (Retail _<
50K sq. ft.), for a total ot'$53.966.25. Total'road impact fees for the two additions
amounted to $88~121.97.
The Ordinance sets forth the requirements for the imposition and collection of road impact
fees. Among the parameters used in computing road impact fee rates in the rate table in
Appendix A of tile Ordinance are trip length, trip generation rate, and percentage of new
trips on the external roadway network. Table 5-1 of the Tindale-Oliver and Associates
lmpact Fee Study. incorporated into tile Ordinance. lists trip generation rates and
assessable/total trip lengths for various land uses. The values listed for the "Office < 50K
sq. ft." land use category include a daily trip generation rate of 16.58 per 1,000 sq. fi. and
assessable/total trip lengths of 5.2/5.9. The percentage of new trips is given as 92 %. For
the "Retail _< 50K sq. ft." land use category. Table 5-1 shows a daily trip generation rate of
91.7 per 1,000 sq. fi. and assessable/total trip lengths of 1.5/2.2. The percentage ofnexv
trips is given as 48%.
The nature of day-tO-day operations of the Philharmonic Center for the Arts lends itself to
site-specific trip generation characteristics. These unique characteristics are the basis for
the subject alternative fee calculation.
The office space addition was built to meet the office seating, conference/board room, and
storage needs of current personnel plus a new museum director. In addition, there are
three new offices reserved for future Philharmonic staff. In total, the office expansion was
built to support no more than four additional employees.
The museum was built to accommodate 50 to 100 visitors a day. The alternative fee
calculation assumes that the visitors are lik~:iy to arrive at an average of two persons per
vehicle. The musemn is expected to support two full-time staff members and 15'new
volunteers. The alternative fee calculation assumes the maximum utilization of l - ~:~[~,/,~
MAR 2, 8 2000
volunteers each da,,'. The assessable/total trip lengths Used in the alternative fee
calculation for the Museum (4.5/5.2) are based on the school/college examples from Table
5-1. The applicant has provided alternative calculation worksheets with the following
comparative trip generation characteristics:
Corporate Office Addition:
Trip Generation Rate:
A/T Trip Length (mi.):
Percentage of New Trips:
Road Impact Fee:
Table 5-1 Alternative Impact Fee Study
t6.58/1,000 sq. fi. 4/employee
5.2 / 5.9 5.2 / 5.9
92% 100%
$34.155.72 $3,196.52
Museum:
Trip Generation Rate:
A/T Trip Length (mil):
Percentage .of New Trips:
Road hnpact Fee:
Table 5-1 Alternative Impact Fee Study _
91.70/1,000 sq. ft. 2/vehicle(50) ~ 4/volunteer (15)
1.5 / 2.2 4.5 / 5.2
48% 100%
$53.966.25 .... $t3,685.78 + $8,209.76 = $21.895.54
FISCAL IMPACT: Using the rate table in Appendix A of the Ordinance, staff assessed
and collected road impact fees for the two permits totaling $88,121.97. Under the
proposed alternative calculation, road impact fees would total $25,092.06, a difference of
$63.029.91: The applicant has already paid the higher fees in order to obtain building
permits. The applicant requests that the Board approve the alternative calculation and
authorize refunds in the amount of the difference indicated above: The refunds would be
posted as decreases (debits) to Road Impact Fee District 1 (331, North Naples) revenue
receipts.
GROWTH MANAGEMENT IMPACT: Approval of the applicant's alternative road
impact fee calculation would not result in reduced revenue significant enough to severely
affect the County's overall road construction program.
RECOMMENDATION: That the Board of County Commissioners approve the site-
specific alternative road impact fee calculation for the Naples Philharmonic office and
museum expansion, projects and authorize staff to process the necessary refunds.
SUBMITTED BY:
Date:
Phillip R. Tindall, Impact Fee Coordinator
MAR 8 2001}
Pg: ~ __
REVIE\VED BY:
APPROVED BY:
Attaclm~ents:
: '~ Date:
Edxvard J. Kant, P.E.,'Transportation Services Director
.. --' Date:
Vincent A. Cautero, AICP. Administrator
Community Development & Enviromental Se~,ices
Transportation Impact Fee Worksheet--Corporate Office Addition
Transportation Impact Fee Worksheet Museum Addition Volunteers'
Transportation Impact Fee \Vorksheet--Museum Addition Visitors)
MAR g 8 2000
0
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MAR g 8 _.2000
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EXECUTIVE SUMMARY
AWARD A CONSTRUCTION CONTRACT TO APAC - FLORIDA, INC. FOR THE
WIDENING OF GOLDEN GATE BOULEVARD FROM CR 951 TO WILSON
BOULEVARD; BID #NO. 00-3039, CIE NO. 62
OBJECTIVE: To receive Board approval and award of a construction contract for the widening
of Golden Gate Boulevard from CR-951 (Collier Boulevard) to Wilson Boulevard.
CONSIDERATIONS: On February 2, 2000 the County requested separate sealed proposals for
Bid No. 00-3039 from contractors that are interested in providing construction services for the
construction of the Golden Gate Boulevard (From CR 951 to Wilson Boulevard). At, er the Pre-
Bid Conference on February 15, 2000 Addendum #2 was issued requesting contractors to submit
a base bid with two alternates. Alternate Bid #1 requested contractors to provide a bid based on
hours of work extended to twenty-four (24) hours and seven (7) days per week including total
project cost and completion time in calendar days. Alternate Bid # 2 requested contractor to
specify the hours per day and days per week of work with associated total project cost b. nd
completion time in calendar days.
On March 8, 2000, the Purchasing Department received four bids and were checked by the
County for mathematical errors and corrected as follows:
BIDDER.
Better Roads, Inc.
Al>AC-Florida, Inc.
Bonness, Inc.
Ajax Paving
BASE BID
$14,957,925.49
$15,047,227.29
$15,352,377.84
$19,237,185.48
ALT. BID #1 ALT. BID #2
None None
None $15,047,227.29 (Complete work in 730 days)
$16,802,856.26 (Complete work in 720 days)
None $20,650,000.00 (Complete work in 750 days)
Better Roads, Inc. submitted the lowest and most responsive base bid in the amount of
$14,957,925.49 under the normal work completion schedule (900 Calendar Days). Better Roads,
Inc. did not sUbmit Alternate Bid # 1 nor # 2. APAC - Florida, Inc. submitted the second lowest
and most responsive bid in the amount of $15,047,227.29 under normal work completion
schedule (900 Calendar Days) and an Alternate Bid # 2 for the amount of $15,047,227.29 (Work
to be ccmpleted in 730 Calendar Days for the same price). Both companies have performed
similar work for the County and have established satisfactory performance records in the past.
FISCAL IMPACT:Funds in the amount of $17,058,947 are available in Road Construction
Gas Tax and Road Impact Fees District 6. Source of'funds are Gas Tax and Impact Fees.
GROWTH MANAGEMENT IMPACT: This project is consistent with the Growth
Management Plan.
REf'OMME\I)¥1'iON Thal thc Boardof('ount,, Comm ls~mn~rs.~'l~ax~rdaconstruc~,o:
comrac~ lo .M~,AC-~' or da. }nc in thc amount of515.047.227 2o m accordance ~zlh ?;~d
Ahemauxe--_" x~htch reqL~res thc work to be completed in 7q0,_ Calendar Daxs. txork in,,,., = ]"
per da~ and 5 daxs per ~cck. and (2~ authorize thc Chain~an oflhc Board !o cxeculc said
q'OlllraCl
SUBM Fl,'TED BY
R[:~VI[ \VED BY
.APPR( )VED
A N>ankad:~u Kt~r~ti. Project, Manager
Public Works ~ngineering D~:panmcnl
Transpo~at~on Scrx ices Dcpa~.mcm
/
):d ~i nn, Interim &dm~ni slralo[
Public Works Dix iSiOtl
Date:
Date:
Datc
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A~t~r~y~ a~/,,aw
March 20, 2000
Mr. Steve Carnell
Purchasing/General Services Director
Collier County Government
Support Services Division
Purchasing Department
General Services Building
3301 East Tamiami Trail
Naples, Florida 34112
Roi
Formal Protest of Recommended ,4ward of Contract
Bid No. 00-3039
Golden Gate Boulevard Four Lane Improvement from C.R. 951 to [Yilson Boulevard
Dear Mr. Camell:
This firm represents Better Roads, Inc. with regard to the above-referenced bid. On March
13, 2000, Better Roads notified the County in writing that it intended to protest the County's
recommended award of the contract on Bid No. 00-3039 to APAC, Inc. Pursuant to the County's
protest policy, please accept this letter as Better Roads' formal protest of the county's recommended
award of the contract on Bid No. 00-3039 to APAC, Inc.
1. Name and address of county agency affected and the bid number and title.
Collier County Government
Support Services Division
Purchasing Department
General Services Building
3301 East Tamiami Trail
Naples, Florida 34112
Bid Number 00-3039
Golden Gate Boulevard Four Lane Improvement fi~m C.R. 951 to Wilson Boulevard
QBNAP~2126T7.2
Mr. Steve Carnell
March 20, 2000
Page 2
Name and address of protesting party.
Better Roads, Inc.
5590 Shirley Street
Naples, Florida 34109
Statement of disputed issues of material facts. If there are no disputed material
facts, the written letter must so indicate.
A. Better Roads was the Lowest Responsive and Oualified Bidder.
Better Roads' total base bid for this project was $14,957,925.49, or over $89,000 less
than APAC's total base bid. Better Roads was the lowest responsive and qualified
bidder, and the contract should therefore be awarded to Better Roads.
In spite of Better Road~' low base bid, the County has recommended that the contract
be awarded to APAC. The basis for the recommendation appears to be that Al'AC
submitted an alternate bid to complete the project in 730 days at an additional cost
to the County of only $1.50. As discussed below, APAC's alternate bid is
meaningless because the project simply cannot be completed in 730 days due to
known delays that will be caused by fight-of-way procurement and utilities
relocation. Moreover, based upon current employment conditions it is questionable
whether APAC will have sufficient manpower to work twelve hours per day for six
days a week as stated in its alternate bid.
Better Roads did not submit such an alternate bid and instead bid to complete the
project in accordance with the 900 day final completion deadline contained in the bid
documents. Better Roads' total base bid was based on its calculations that the project
would in fact only take 700 continuous calendar days to complete, or 30 days less
than APAC's alternate bid. However, the 700 calendar days must be increased by
the delays caused by the relocation of utilities and the procurement of right-of-ways
which are beyond Better Roads' control. Because of ambiguities in the alternates and
because Better Roads did not know how long those utility and right-of-way delays
would extend the completion beyond 700 days, Better Roads did not bid the
alternates.
Every bidder including Better Roads would like to complete the project as. quickly
as possible. Early completion reduces overhead, equipment, insurance, traffic
QBNRt~126TT.2
Mr. Steve Carnell
March 20, 2000
Page 3
control, labor and other costs. Better Roads' standard work schedule is 55-60 hours
per week over six days. Better Roads believes that it will be able to complete the
project in 700 calendar days, but subject to time extensions for the delays that will
be caused by utility relocation and fight-of-way procurement. This is thirty days less
than APAC' s alternate bid. If the contract is awarded to APA C, the County will pay
almost $90,000 more for the same services on the same or a longer schedule.
Paying more for the same services and the same or a longer schedule is clearly not
in the best interests of the County or its taxpayers.
B. Utili _ty Relocation and Right-of-Way Procurement Will Delay the Project
Better Roads is certainly aware of the tremendous amount of pressure the County
receives every day to complete road construction projects as quickly as possible. The
public's complaints that roads take too long to build are indicative of a very real
problem in our community. We believe that the County tried to address this problem
by soliciting bid alternates that were designed to accelerate the completion of this
project. Unfortunately, the County's simple solution of squeezing the project into
less than 900 days is flawed because it did not consider the fact that actual road
construction cannot outrun right-of-way procurement or utility relocation on Golden
Gate Boulevard.
The County did not provide bidders with utility schedules for anything but the first
mile of this five mile project. At the pre-bid conference on February 15, 2000, the
County notified the bidders that it had utility relocation schedules for only the first
mile of the project. Florida poWer & Light had scheduled the completion of the first
mile within the next two months, but had no schedule at all for the remaining four
miles. The only information that was given about Sprint-United Telephone of
Florida was that it would complete the first mile of Golden Gate Boulevard by June
1, 2000. Upon further independent investigation, Better Roads learned that Sprint
had scheduled the next two miles for completion by December 1, 2000, and the final
two miles were tentatively scheduled for completion by June 1, 2001 (subject to
right-of-way Procurement). Better Roads has been unable to. find out if there is any
sChedule for the relocation of cable television service. Based upon the lack of
definite utility schedules and the fact that significant parts of right-of-way have not
yet been obtained by the County, there is simply no question that utility relocation
and right-of-way procurement will delay the completion of this project. The only
real question is how long the delays will be.
QIINAI~2126T'/.2
Mr. Steve Carnell
March 20, 2000
Page 4
While the alternate bid options 'may appear on paper to accelerate the schedule, the
acceleration is a complete illusion. The project cannot outpace the procurement of
right-of-ways and the relocation of existing utilities. The fact is that both APAC and
Better Roads knew that fight-of-ways and utilities would delay the completion of the
project. As a result APAC's alternate bid to complete the project in 730 days is
meaningless and the County should not consider it.
C. The Alternate Bids are Ambiguous.
The alternate bids are ambiguous for a variety of reasons. The alternates use the
phrase "Completion Time" but they fail to state whether the "Completion Time"
means the date of substantial completion, the date of final completion or some other
undefined date. If the "Completion Time" is the date of final completion, there is no
deadline for substantial completion (and therefore no date when liquidated damages
would begin to be charged pursuant to Section 5B of the General Terms and
Conditions of the Contrac0. If the "Completion Time" is in fact the date of
substantial completion, then there is no deadline whatsoever for final completion.
If the "Completion Time" is some other date, then there are apparently no deadlines
for either substantial completion or final completion.
More significantly, the alternates are ambiguous because they do not state whether
the "Completion Time" is an immovable date not subject to any extensions, whether
it will not be extended by foreseeable delays in the procurement of right-of-ways or
the relocation of utilities, or whether it will simply be extended by any delay that is
beyond the contractor's control (including foreseeable fight-of-way and utility
delays). These ambiguities render the alternates meaningless.
The County knows that delays will be caused by right-of-way procurement and
utility relocation, but Section 9.2 of the Contract only allows for extensions of time
for "unforeseeable causes beyond the control of the ConWaetor." The bid documents
simply fail to address how this issue will be treated with respect to the alternates. In
other words, if APAC's alternate bid of 730 days is accepted, it is patently unclear
whether APAC will be given an extension of time for right-of-way and utility delays
that are currently foreseeable based upon the lack of definite schedules and common
knowledge in the industry. Better Roads simply could not responsibly submit an
alternate bid without knowing whether an extension would or would not be given for
those foreseeable delays and whether the "Completion Time" meant the date of
substantial or final completion.
QBNAI~212677.2
Mr. Steve Camell
March 20, 2000
Page 5
The Timing of the Issuance of the Addenda did not Provide Better Ro~d.~
with .an Oppommi _ty to Ask Ouestions about the Alternates.
The ambiguities in the alternates may have been correctable were it not for the fact
that the addenda which introduced the alternates were issued at the last minute. The
original invitation to bid dated February 2, 2000, did not contain any alternate bids.
The idea of a 24-hour-a-day/7-day-a-week schedule was discussed at the pre-bid
conference on February 15, 2000, but the alternates were not actually introduced until
Addendum #1 was issued on Friday, February 25, 2000. Paragraph 8.1 of the
Instructions to Bidders required all requests for interpretation or clarification of the
bid documents to be submitted in writing at least ten calendar days before the bid
opening date of March 8, 2000. The deadline for questions was Sunday, February
27, 2000, or two calendar days after Addendum #1 was issued. Addendum #2 was
issued on March 2, 2000, and changed the criteria by which the alternates were to be
judged fi:om objective (total cost divided by number of days) to subjective (best
interests of the County). Because the two addenda were issued just before and well
after the question period ended, Better Roads had no meaningful opportunity to ask
any questions about the alternates.
In fact, Better Roads attempted to obtain information fi:om the County about the
project as late as Monday, March 6, 2000. The response Better Roads received to its
inquiries was the only response that the County could give: the deadline for issuing
additional addenda had passed and no further questions could be answered.
Statement of the ultimate facts alleged and of any relevant rules, regulations,
statutes, and constitutional provisions entitling the protesting party to relief.
A. Awarding the Contract to Better Roads is in the Best Interest of the County.
The County is required to award the contract in accordance with the express terms
of the bid documents. Addendum #2 to the bid documents states that:
Evaluation of the bids by Collier County will identify the lowest,
qualified responsive bidder under the Total Base Bid and the two
pricing alternatives. Upon doing so, the Board of County
Commissioners will then select the pricing alternative which is in the
best interest of the County.
QBNAP,212677.2
Mr. Steve Camell
March 20, 2000
Page 6
The contract should be awarded to Better Roads because it is the lowest qualified and
responsive bidder and selection of Better Roads' Total Base Bid would ser~e the best
interest of the County. Better Roads' Total Base Bid was almost $90,000 less than
APAC, and there is no question that Better Roads is a qualified and responsive
bidder.
The only reason there is any dispute over the award of this contract is that APAC bid
a non-mandatory aRemate that said that they would complete the project 170 days
sooner than the 900 day base bid. At first blush it would seem that paying only
$90,000 more for completion almost six months early would be a good deal for the
County. However, the undeniable reality is that the project will not and can not be
completed in 730 days because o£foreseeable right-of-way and utility delays. Better
Roads knew it could not be done and therefore did not attempt to bid an accelerated
schedule that did not taken into account right-of-way and utility delays. However,
Better Roads bid the project based upon 700 calendar days of construction, or 30
days less than APAC. Except for the delays caused by right-of-way procurement,
utility relocation and unforeseeable causes beyond Better Roads' control which will
necessarily extend the time for completion, Better Roads believes it can complete the
project in 700 calendar days.
The County is required to "select the pricing alternative which is in the best interest
of the County." The pricing alternative that is in the best interest of the County is
Better Roads' low bid on the County's original 900 day schedule. This 900 day
deadline appears to take into account some of the delays that will be caused by the
procurement of right-of-ways and the relocation of utilities and more accurately and
realistically reflects the time that may actually be necessary to build the project.
Although the final completion deadline is 900 days, it is in Better Roads' best
interest to complete the project as quickly as possible. Better Roads bid the project
believing that it could do so in 700 calendar days (or 30 days less than APAC's
alternate bid), and intending to complete the project in 700 calendar days subject to
delays.
Entering into a contract with APAC based on APAC's alternate bid is not in the
County's best interest because it does not accurately or realistically reflect
foreseeable delays, will cost the taxpayers $90,000 more than if the contract was
awarded to Better Roads, and is 30 days longer than Better Roads' calculation of the
time necessary to complete the project.
QBNAP~212677.2
Mr. Steve Camcll
March 20, 2000
Page 7
B. The Alternates are Ambiguous and Should be Rejected.
The bid documents must be clear and reasonably definite so that bidders can bid the
project on equal terms and so that the bids can be compared against each other.
Wester v. Belote, 138 So. 721 (Fla. 1931); Robinson '~ Inc. v. Short, 146 So. 2d 108
(Fla. 1st DCA 1962). If the bid documents are ambiguous, they should be rejected.
The alternates on this project were unclear and not reasonably definite. The alternate
bids required bidders to specify a "Completion Time" but failed to identify whether
that time was the date of substantial completion, the date of final completion or some
other date. There was also no mention of how the "Completion Time" interacted
with the liquidated damage provision in Section 5B of the contract.
While the County knew that delays would be caused by right-of-way procurement
and utility relocation, it failed to identify those delays in the bid documents or
provide complete fight-of-way or utility schedules to bidders as is common in Florida
DOT projects. The County failed to adequately explain whether those foreseeable
fight-of-way and utility delays would be cause for the granting of time extensions
under paragraph 9.2 of the Contract as "unforeseeable causes" even though they were
clearly foreseeable at the time the bids were made. Better Roads simply cannot be
forced to guess at how such a critical issue will be decided.
In addition, by the time the County issued the first addendum which added the
alternates to the bid documents, the time limit for bidders to ask these questions
about the alternates had effectively passed. The ambiguities and lack of specificity
in the bid documents render the alternate bids defective and they should be rejected.
W¢stcr v. Belote, 138 So. 721 (Fla. 1931); Robinson 's!nc. v. Short, 146 So. 2d 108
('Fla. 1 st DCA 1962).
Demand for the relief to which the protesting party deems itself entitled.
Better Roads respectfully requests that it be granted the following relief:
A. A recommendation that the contract be awarded on Bid No. 00-3039 to Better
Roads in the amount of $14,957,925.49 as the 'lowest responsive and
qualified bidder based upon all of the bids submitted.
QBNAI~212677~2
Mr. Steve Carnell
March 20, 2000
Page 8
Alternatively, the rejection of all bids on Alternate #1 and Alternate #2 due
to the ambiguities in the bid documents and the illusory nature of the
alt,mate bids, and a recommendation that the contract be awarded on Bid No.
00-3039 to Better Roads in the amount of $14,957,925.49 as the lowest
responsive and qualified bidder on the Total Base Bid.
Alternatively, the rejection of all bids on Bid No. 00-3039 with direction to
rebid the project.
Such other information as the protesting party deem~ to be material to the issue.
Better Roads is committed to building roads as quickly as possible, and believes that
the County introduced the alt.mates with the best of intentions. Unfortunately, the
alt,mates were added very late in the bidding process and did not contain enough
specificity for Better Roads or other bidders to be reasonably certain about their
impact. Because the duration of right-of-way and utility delays were unknown and
the alt,mates were ambiguous about how those delays would be treated, Better
Roads simply could not bid the alternates..
Better Roads is the lowest responsive and qualified bidder on this project by almost
$90,000. Recommending that Better Roads be awarded the contract on this very
important road project is in the best interest of Collier County.
Respectfully submitted,
QUARLES & BRADY t J2
cc: David C. Weigel, County Attorney
QBNAP~212677.2
'COLLIER COUNTY GOVERNMENT
SUPPORT SERVICES DMSION
Purchasing Department
3301 TAMIAMI TRAIL EAST
NAPLES, FL 34112
/941~ 774-842S
CWW Addreas: co.collier.fl.us
Emafl: GwenButler~colliergov. net
March 23, 2000
Mr. John D. Humphreyville
Quarles & Brady LLD
4501 Tamiami Trail North
Naples, FI. 34103-3060
Re: Protest Decision, Bid 00-3039, Golden Gate Blvd.
Four Lane Improvement
Dear Mr. Humphreyville:
Collier County is in receipt of the protest of March 20, 2000 filed on behalf of your client,
Better Roads, Inc. for the referenced bid award. This office has reviewed the protest
and evaluated each of the issues raised therein with the Public Works Engineering
Department and the Office of the County Attorney.
The following represents the findings of this office regarding each of the protest issues:
o
Better Roads was the Lowest, Qualified and Responsive Bidder.
The bid invitation as addended on March 2, 2000 called for bidders to tender price
offers on a base bid schedule of 870 calendar days for substantial and 900 calendar
days for final completion.
Additionally, bidders were given' the option of submitting price and time offers for two
alternates to the bid schedule; 1) based on a 24-hour, 7 days per week and 2) based
upon hours per day and days per week elected and specified by the bidder. The line
items for both alternates did not distinguish between substantial or final completion.
The proposal page also stated that the County would identify the lowest, qualified
and responsive bidder under each of the bidding scenarios and award the pricing.
alternative that is in the best interests of the County.
Mr. John D. Humphreyville
March 23, 2000
Page 2
Under the base bid scenario, four bids were received with the apparent Iow offer
tendered by Better Roads. Under alternate #1, one bid was received from Bonness
Paving. Under alternative #2, two bids were received with the apparent Iow offer
submitted by APAC.
Public Works Engineering staff reviewed the bids received and compared the lows
bid received under each of the scenarios. Based on this review, staff recommended
award to APAC under alternate #2 as the scenario that was in the best interests of
the County.
B. Utility Relocation and Right-of-Way Procurement will Delay the Project.
At the pre-bid conference, staff stated that the utility relocation work for phase I
would be completed by June, 2000 and that the same work for Phase II would be
completed some time pdor to completion of construction in Phase I. in conversations
prior to and subsequent to the bid opening, both FPL and Spdnt have expressed
intent to complete their respective relocation work on a timely basis.
With regard to right-of-way acquisition, project staff has no record of this issue being
discussed or broached by any party pdor to the bid opening. Further, staff has every
expectation that all requisite dght of way will be fully acquired substantially in
advance of the construction dates for the respective phases.
C. The Alternate Bids are Ambiguous.
1. The completion time for the alternates does not distinctly specify substantial or final
completion.
e
In speaking with the various staff involved in the project, none received calls or
formal communication of any kind from any of the prospective bidders (including
Better Roads) questioning the completion time line item prior to the bid opening.
Section 9 of the Construction Agreement sets forth the terms and conditions
regarding contract time and time extensions. Nothing in the bid alternate language
appears to cancel or modify the language of Section 9 in any way. Hence, the
language of Section 9 is applicable for both the base and alternate bid scenarios.
Accordingly, all other terms and conditions of the bid invitation would apply to each
of the alternatives unless otherwise amended by the language of the alternates
themselves. As with any contract, the awardee will be expected to meet the contract
schedule. Failure to do so will result in the
Mr. John D. Humphreyville
March 23, 2000
Page 3
assessment of liquidated damages unless the circumstances causing can be shown
to be beyond the control of the contractor.
D. The Timing of the Issuance of the Addenda did not Provide Better Roads with an
Opportunity to Ask Questions about the Alternates.
1. The first sentence of Section 8.1 appears to prohibit any type of oral interpretation of
the specifications. However, the second sentence states that any such
interpretations are without legal effect, meaning that such conversations are not
strictly prohibited, but rather shall not be considered to formally amend the published
terms and conditions absent a formal written addendum. This 'interpretation is
further underscored by the public announcement cards distributed to prospective
bidders encouraging them to contact specific County staff members should they
have questions concerning the project.
e
This interpretation of Section 8.1 referenced under D. 1 is consistent with the actions
of Better Roads personnel in the days immediately preceding the bid opening. On at
least two occasions during the final week preceding the opening, a representative of
Better Roads contacted a staff member to receive clarification regarding the
specifications. In one instance, oral interpretation was provided (regarding traffic
control plans). In another instance (regarding a possible change in materials), the
contractor was advised that no further changes in materials would occur prior to the
bid opening (i.e., bid the materials as presently specified).
Most importantly, the first paragraph of Section 12 of the Instructions to Bidders
instructs prospective bidders who desire to protest any aspect of the bid invitation to
do so pdor to the bid opening. No such protest was received from any party.
In reviewing the issues and findings, it appears that only one of the four issues (A)
pertains to a protest of the actual award of contract. With regard to that point and as the
findings indicate the County stated its intent to award the contract in a manner that
serves the best interests of the County. The intent was and is to give the Board of
County Commissioners the discretion to make that determination among the Iow bids
for each pdce scenario. The recommendation in favor of awarding alternate #2 is based
on the opportunity to shorten the project schedule by neady six months for a cost
increase of less than one percent.
Mr. John D. Humphreyville
March 23, 2000
Page 4
Issues B, C and D pertain to the language of the bid invitation. If these issues in fact,
were preventing Better Roads from tendering a bid on either of the aitemates, a protest
of the specifications should have been filed with this office prior to the opening of bids.
Filing such protest after the bids have been opened is both untimely and unfair to the
other bidders.
With regard to the completion time, it is the position of this office that the completion
time line item refers to final completion absent the substantial completion component.
Hence, liquidated damages, as specified for final completion under Section 5 of the
Construction Agreement would apply should the contractor fail to meet the 730-day
completion schedule. The assertion by Better Roads in the protest that this schedule is
"illusionary" and unattainable does not comport with the firm's offer subsequent to the
bid opening to perform the work on a 700 day schedule for the same price as tendered
in the base bid.
Therefore, it is the decision of this office to reject the protest filed by Better Roads and
to move forward with award as originally recommended. Pursuant to Section XVIII.F of
County Resolution 97-435, this decision is considered final and conclusive unless the
protester files a subsequent objection with this office not later than two working days
from receipt of the decision.
Sincerely,
Steve Camell,
Purchasing/General Services Director
cc: Jeff Bibby, Public Works Engineering Director
Melissa Vasquez, Assistant County Attorney
EXECUTIVE SUMMARY
APPROVE STAFF REQUEST TO TRANSFER SIX-LANE IMPROVEMENTS ON
GOLDEN GATE PARKWAY FROM AIRPORT ROAD TO SANTA BARBARA
BOULEVARD (THE "PROJECT") FROM FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) WORK PROGRAM TO COLLIER COUNTY
WORK PROGRAM.
OBJECTIVE: To present staff analysis of the need for accelerating the Project and transferring
responsibility for design and construction from FDOT to Collier County.
CONSIDERATIONS: The currently adopted FDOT Work Program (FY 1999/00-2003/2004,
July 1, 1999 through June 30, 2004) includes two projects centered on Golden Gate Parkway. These
are the new 1-75/Golden Gate Parkway Interchange (FDOT Project No. 2007321) and the Six-lane
Improvements to Golden Gate Parkway fi'om Airport Road to 1-75 (FDOT Project No. 1994471).
Recent events have focused on assuring that Collier County's roadway infrastructure is improved
such that new facilities are, or will be, available to meet the need, rather than within the "three-year
window of opportunity" following a finding of deficient capacity. In an effort to further that policy,
staff has determined that the Golden Gate Parkway project (the "Project") must be accelerated to be
consistent with the Interchange project.
Attachment No. 1 shows a timeline based on both the existing Adopted Work Plan mentioned above
and staff's proposal for moving the Project fi'om FDOT's Work Program to the Collier County Work
Program. The time frame for both the right-of-way and c'onstruction phases of the existing FDOT
schedule are extrapolated fi'om the Adopted Work Plan based on existing FDOT production policies.
The time fi'ame proposed by Collier County staff reflects Collier County's ability to move more
quickly. The rapidity with which the county can proceed is due to the elimination of the need to
interface with the Federal Highway Administration for locally-funded projects.
Attachment No. 2 is a letter from the FDOT Southwest Area Office concurring with staff's proposal
and agreeing to re-program the existing Project funds within the existing Adopted Work Program.
In addition to re-programming the Project from FDOT to Collier County, staff is also proposing to
expand the Project to include the segment of Golden Gate Parkway from 1-75 east to Santa Barbara
Boulevard. Doing so will ensure that adequate roadway infrastructure is available in both an easterly
and a westerly direction to accommodate the anticipated growth in traffic using the new interchange.
Staff is seeking Board of County Commissioners approval to accelerate the Project in a manner
consistent with that presented above.
AGENDA ITEM
No.
t4AR 2 8 2.000
Pg. / ~
Executive Summary
Approve Staff Request for Golden Gate Parkway Project Acceleration
Page 2 of 2
FISCAL IMPACT: Staff estimates the total cost of the project to be $5,750,000. Staff will
request funding for the project during the FY 01 budget development process. The funding source
will be gas taxes and impact fees. A portion of this project is included in the current State work
plan. The proposed transfer of responsibility will make this a Collier County responsibility and
allow an accelerated project schedule. Existing funds in the State work plan will be reallocated to
other projects within the County. Collier County will not lose any state funding.
GROWTH MANAGEMENT IMPACT: The proposed road improvements are consistent
with the Traffic circulation Element of the Growth Management Plan. They are needed to maintain
concurrency and should be programmed to be available when the 1-75 Interchange becomes
available.
RECOMMENDATION: That the Board approve the staff proposal to include the Six-lane
Improvements for Golden Gate Parkway from Airport Road east to Santa Barbara Boulevard (the
"Prqject") in the Collier County 5-Year Work Program; request Collier County staff to work v,'ith
the MPO and FDOT to re-program an3' funds on the Project to other Collier County projects in the
FDOT Adopted Work Program; direct staff to develop and process any necessary documentation to
can'3,' out the intent of the Bo. ard's direction. / j
DATE.~-, .L -~
PREPARED BY: .... ,. :.~ ~.2~-.-
Edward I. Kant, P.E., Trangportation Services Director
() -: /< .:
REVIEWED BY: ,~---. '"" '~/ ,,,,)-'--'<?' ],,-7/ DATE: ~/z; ,-/)
~__4ff~Bibbv. P.E., Public Work's Engineering Director
APPROVED BY: · ' /'
E&r a,N. i, vrtefim P~.b'Ec Works Administrator
Attachments:
No. 1 - Time Line for Golden Gate Parkway and 1-75 Interchange Projects
No. 2 - Letter from FDOT
AGENDA ITEM
No. ,~ c~-)
HAR' 2 8 2O00
pg..
0
1:3
1:33.
0
MAR 2
JEB BUSH
GOVEI~LNOR
Florida
Department of Transportation
March 13, 2000
NEF-L08-00
SECRETARY
Mr. Edward Kant, Director
Transportation Services Director
Collier County Department of Transportation
3301 East Tamiami Trail
Naples, FL 34112
RE: GOLDEN GATE PARKWAY
Dear .M~:-lCant,
We have reviewed and fully support your proposal to pursue multi-laning of Golden Gate
Parkway (County Road 886) in Collier County's Capital Improvements Program (CIP). If
approved, we will work with the Metropolitan Planning Organization (MPO) to identify and
program projects using the funds currently programmed for the Project Development and
Environment (PD & E) study and design (PE) phases for Golden Gate Parkway from Airport
Road to 1-75.
As noted, the county can proceed more rapidly with needed multi-laning of Golden Gate
Parkway, resulting in a schedule that has additional lanes available coincident with opening of
the 1-75/Golden Gate Interchange. With this off-system facility recently established as a priority
for federal and state funding, only the PD & E and PE phases are currently programmed through
Fiscal Year 2005. Based on current programming and MPO priorities, improvements to Golden
Gate Parkway would be started several years after completion of the interchange.
We agree the roadway improvements need to be completed before or by the time
1-75/Golden Gate Interchange is constructed and opened to traffic. As such, your proposal to
proceed with Golden Gate Parkway in your CIP rather than seek federal or state funds for this
off-system facility is critical. We will work with you and the MPO to re-program funds in our
Work Program.
Cc:
David A. Twiddy, Jr.
Deborah L. Hunt
Commissioner Constantine
Sincerely, /
pirector, Southwest Area Office
Gavin Jones District One, Southwest Area Office
2295 Victoria Avenue*Post Offico Box 1030*Fort Myers, FL 33902-1030
ATTACHMENT NO._ ~ _
PAGE / OF /
MAR 2 8
EXECUTIVE SUMMARY
TRANSPORTATION OPTIONS FOR
NETWORK BOUNDED BY WIGGINS
DRIVE AND 11 l'm AVENUE.
A PORTION OF THE ROADWAY
PASS ROAD, US 41, VANDERBILT
OBJECTIVE: To present several options to the Board regarding a portion of the roadway
network in the northern part of the County along with a recommendation and a request for direction
as to which option(s) the Board desires to pursue to implement needed capacity improvements in the
area.
CONSIDERATIONS: The Metropolitan Planning Organization (MPO) data and the County's
Long-range Transportation Plan (the "Needs" plan) indicate that 111th Avenue should be four-laned
between US 41 and Vanderbilt Drive. Sentiment from local residents indicates a concern with the
four-laning of 111th Avenue. That concern further manifests itself in public requests for the four-
laning of Wiggins Pass Road "instead" of 111th Avenue. No forecasting work has ever shown the
need for Wiggins Pass Road to be a four-lane facility, and no simulation modeling has indicated that
four-laning Wiggins Pass Road can attract sufficient traffic from illth Avenue to preserve an
acceptable level of service on 11 lth Avenue.
Several of the objections raised by area residents merit further investigation. Among these are:
a) residential driveways connecting along 111t" Avenue at a very close spacing;
b) whether a roundabout will provide a more efficient traffic circulation pattern at the
intersection of Vanderbilt Drive and 111th Avenue than will the proposed traffic signal;
c) environmental issues associated with the reconstruction of the existing bridges and
culverts on Vanderbilt Drive will require significant effort for permitting and mitigation.
A recent engineering analysis performed by the firm of WilsonMiller, Inc. confirmed the original
staff finding that 111th Avenue required a four-lane improvement to assure sufficient network
capacity. Vanderbilt Drive from 11 lth Avenue to Bonita Beach Road was also determined to be a
candidate for four-lane improvements. Any cross-section for these road segments with fewer than
four lanes will ultimately result in traffic volumes on these segments at levels of service that are
inadequate as defined by current Collier County minimum standards.
Based on the foregoing information as background, staff has formulated the following options for
Board consideration:
Investigate the potential for creating a roundabout at the intersection of Vanderbilt
Drive and 11 lth Avenue in lieu of a traffic signal.
Proceed with Work Order for Agnoli, Barber and Brundage, Inc. (WO #ABB-FT-
00-03) for the update of the construction plans for the proposed four-lane
improvements for 111th Avenue.
Executive Summary
Request Board Direction Regarding 111th Avenue
Page 2 of 2
3. Revise the 111th Avenue plans to reflect an "enhanced" two-lane cross-section.
The MPO data continue to indicate that ll]th Avenue be four-laned. Staff recommends that the
Board direct the implementation of Options 1 and 2, as outlined above, at this time. This
recommendation is based on recognition of the need for capacity and safety improvements for both
the 111th Avenue and Vanderbilt Drive road segments while achieving a timely resolution of these
issues.
FISCAL IMPACT: None at this time. Staff will return to the Board for approval of a Work
Order for the investigation of the intersection of 111th Avenue and Vanderbilt Drive (roundabout v.
traffic signal).
GROWTH MANAGEMENT IMPACT: The network improvements detailed in this
Executi,.e Summary are necessary to provide and preserve capacity in the County's arterial roadway
system.
RECOMMENDATION: That the Board direct staff to implement Options 1 and 2 as outlined
in Considerations, above.
SUBMITTED BY: ~~~~~'~~ "-"~
Ed,~Tard J. Kant, P.E., ~'fnspo~_~i~n ServiCes Director
REVIEWED BY: .'N. _ _f '~
Jeff Bibby, P.E., Public Works Eng~ering Director
)
APPROVED BY.:.: ~
/' Ed,~,'ariN. FiaffT",~m Pu.b)~Works Administrator
DATE: ..~/~ "ff'~
DATE:
EXECUTIVE SUMMARY
PRESENTATION ON WATER SOURCES TO ADDRESS THE
SUPPLY OF WATER THROUGH THE YEAR 2020
OBJECTIVE: This presentation is to be given by the South Florida Water Management
District to inform the Board of County Commissioners of their findings on water sources
and supply o£water tlzrough the year 2020.
CONSIDERATIONS: In accordance with Chapter 373 of the Florida Statutes and the
Department of Environmental Protection, an advisory committee was formed to gather
reformation and prepare a report that addresses water sources and supply of water issues
through the year 2020.
The advisory committee consists of 44 members from such backgrounds as utilities,
agriculture, environmental, special interest groups and members of various governing
boards.
This presentation is an opportunity for the BCC to have input into the study and make any
recommendations prior to the presentation to the Governing Board of the South Florida
Management District on April 13, 2000, ibr approval and adoption.
FISCAL ISIPACT: None.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATIONS: That the Board of County Commissioners review the study
and provide input as necessaD,.
Ann Marie Saylor, Interi~ Operations Director
Pdul Mattaustcl~, Water Director
REVIEWED BY:
DATE:
d~ra~l~'. Finn, Interim Pub it~c Works Division Administrator -
2 8
EXECUTIVE SUMMARY
The Lower West Coast (LWC) region is expected to experience substantial growth
between now and the year 2020. Population is expected to increase by almost 70 percent
from 1995 levels, with expansion occurring mostly in the coastal areas, to about 1 million
people. This growth will create additional water demands for potable and irrigation water,
Likewise, agriculture - primarily citrus and sugarcane located in the eastern portion of the
region - is projected to increase by ten percent to 260,000 acres. In addition, there are
numerous coastal and inland environmental resources within this region. This region receives
approximately 52 inches of rainfall per year on average. Meeting water demands while
addressing the water needs of the environment makes development of proactive water supply
strategies imperative to the economic and environmental sustainability of the area. The
District will be responsible for water resource development to facilitate development of
source options at the local level: while, local governments, water users, and water utilities will
be responsible for water supply development.
This planning document is the product of a public process, which relied heavily on an
advisory, committee of diverse membership representing agricultural, urban, and
environmental interests. The planning effort provided a forum to weigh projected water
demands against available supplies.
Seven water source options were identified to address the water supply needs of the LWC
Planning Area. These options either make additional water available for historically used
sources or other sources, or provide additional management through conservation and storage
of the options. The options are (no implied priority):
· Conservation
Ground Water
Surficial Aguifer System
Intermediate Aquifer System
Florida Aquifer System
· Reclaimed Water
· Regional Irrigation System
Seawater
Storage
Aquifer storage and recover5'
Regional and local retention
Reservoirs
Surface Water
Overall from a regional perspective, it was concluded that with appropriate management
and diversification of water supply sources, there is sufficient water to meet the needs of this
region during a 1-in-10 drought condition. Implementation of the Lower West Coast Water
Supply Plan, in conjunction with the Comprehensive Everglades Restoration Program, the
Caloosahatchee Water Management Plan, and the Southwest Florida Study, should avert
potential problems. Even though the volume of water available from the Gulf (seawater)
appears to be unlimited and could meet the needs of this region through the year 2020, it was
concluded that it is not cost effective at this time.
MAR 2 8 2000
PG.
This assessment concluded that the traditional source for urban water needs, the surficial
and intermediate aquifer systems, has limited potential for expansion due to potential impacts
on wetland systems, and increased potential for saltwater intrusion in coastal areas in the
vicinity of public water supply wellfields. The Floridan aquifer appears to be a promising
source for additional potable water needs. Current knowledge of the Floridan aquifer
indicates it has sufficient supplies to meet both existing and future potable water demands.
Many urban utilities have already begun transitioning to the Floridan aquifer through
desalination, which removes salt from saline water. Little is known about long-term water
quality impacts of sustained withdrawals from this aquifer making the development of a
regional Floridan aquifer ground water model and water quality and water level monitoring of
the Floridan aquifer a research priority in this region.
From a regional perspective, the use of fresh ground water sources, reclaimed water,
surface water, and storage through development of a regional or subregional, irrigation water
distribution system(s) will be sufficient to meet the urban irrigation demands. Water from the
surficial and intermediate aquifer systems, and reclaimed water has been used historically to
meet these demands. However, these sources will not be sufficient to meet the projected
urban irrigation demands such that additional supplemental sources and storage will have to
be developed. The concept of a regional irrigation water distribution system was identified as
a means to meet these demands using ground water, reclaimed water, and surface water. This
svstem would make irrigation water available for local supply entities/utilities to withdraw
from for Distribution. The recommended feasibility analysis will determine the design and
magnitude of the irrigation water system. Potential configurations were discussed including
one large regional system, subregional systems, or on a utility by utility basis. Storage will be
a key component of this system, primarily through aquifer storage and recovery,, to store
excess surface water and reclaimed water for later use.
In the southeastern portion of the LWC Region, it was concluded that existing surficial
aquifer and intermediate aquifer system ground water sources are sufficient to meet the 2020
projected agricultural demands with minimal potential impacts. Some modifications to
wellfield configurations and well operation regimes will need to be done at the project level to
avoid potential impacts to natural systems and other existing legal users.
The Caloosahatchee Water Management Plan (CWMP), a separate complimentary District
planning effort to the LWCWSP, evaluated water supply in the northeastern portion of the
region in the Caloosahatchee River Basin. The CWMP determined the projected surface
water needs of the Caloosahatchee River Basin and Estuary can be met based on
recommended developments of water management and storage infrastructure that efffectively
capture and store surface water flows in the Basin. The CWMP concluded that existing
surface water supplies from the C-43 are inadequate to meet existing as well as future
demands, including the needs of the environment. The Caloosahatchee River (Co43) is
heavily relied on for agricultural supply and to much lessor extent, a potable water supply.
Surface water availability is essentially a function of climate and storage; there are excess
amounts during the west summer months, and insufficient supplies during dry winter months.
This problem of timing is particularly iljustrated by the impacts of freshwater discharges to
the Caloosahatchee Estuary. Excessive discharges decrease the salinity of the estuary,
contribute to the loss o£ estuarine seagrasses. Insufficient fi'eshwater discharges increase the
salinity to essentially sal~'ater impacting freshwater seagrasses. A minimum flow and level
is being established for the Caloosahatchee River and Estuary.
Improved management of surface water through storage could increase fresh water
availability in the region and reduce potential impacts resulting from water use. Aquifer
Storage and Recove~ (ASR) technology shows promise both for treated and untreated water
by providing a storage option during periods of water availability. This technology is
currently being used by several utilities at the local level. In addition to continued use an.d
development at the local level, application of ASR on a regional scale has been identified as a
potential storage option to capture excess surface water in the Caloosahatchee River Basin,
and potentially elsewhere in the region. Regional and local retention projects will reduce
excess water discharged to estuarine systems and increase water availability inland by
increasing water levels in canals and providing additional Hound water recharge.
Strong emphasis would be placed on water conservation through implementation of a
comprehensive water conservation program that promotes cultivation of conservation ethic.
This ethic would be realized through proactive, cooperative efforts between water users,
utilities, local governments and the District. These efforts will incorporate many initiatives,
including continued development and compliance with water conservation ordinances,
development and implementation of public education programs, use of alternative water
sources, continued emphasis on water conservation in the District's surface water
consumptive use permitting programs, and other means.
Local governments and users will plan a key role in making these strategies a success,
throu~ adoption of conservation ordinances, homeowner awareness programs, land use
decisions, and development of water source options by local utilities and water users. Based
on the analysis, it appears most of the water supply issues in the LWC Planning Area can be
addressed at the local level with appropriate diversification and management. Exceptions
would be addressing the needs of the estuaries and surface water availabilit3r in the
Caloosahatchee Basin, and meeting the urban irrigation demands. It is likely that ongoing
studies will result in future water resource development capital projects.
Finally, other planning efforts are currently underway and are continuing to address some
specific goals of this plan, including the Lower East Coast Water Supply Plan, the
Comprehensive Everglades Restoration Progam, and the Southwest Florida Study. The
proposed Southwest Florida Study will evaluate the entire planning Area for flood control,
water supply, environmental impacts, wildlife habitat including the needs of the estuaries,
water quality, uplands, and others. The strategies outlined in this plan, in parmership with
other efforts, should ensure that water in this region is prudently managed and available to
meet the anticipated demands of the region. This Plan will be reviewed and updated every
five years to ensure that the water needs of this region can be met.
MAR 2 8=uuu~
o rTl
MAR 28~'~ ,
Z
EXECUTIVE SUMMARY
RESPONSE TO BOARD REQUEST FOR INVESTIGATION OF ONE-WAY
EXTENSION OF PIPER BOULEVARD BETWEEN LIVINGSTON ROAD AND
STRAND BOULEVARD AND REQUEST FOR DIRECTION FOR FURTHER
STUDY.
OBJECTIVE: To provide the Board and the public with staff's analysis of the feasibility of
extending Piper Boulevard east from Livingston Road to Strand Boulevard as a one-way roadway
rather than as a conventional two-way roadway.
CONSIDERATIONS: On January 25, 2000, the Board directed staff to pursue a pathway
along the north side of the Cocohatchee Canal in lieu of an extension of Piper boulevard (Agenda
Item 8B(1)). Subsequent to that direction, at its March 14, 2000. meeting the Board further directed
staff to investigate the feasibility of a one-way extension of Piper Boulevard rather than a two-way
extension. This further direction was in response to a citizen suggestion and to one of staff's prior
concerns with the effect of such an extension on the intersection of Strand Boulevard and Piper
Boulevard.
Staff has again reviewed the Plat for Carlton Lakes and The Strand. In addition, the existing
geometry of the Cocohatchee Canal and the earth and rock berm along the Carlton Lakes
Community Identification Tract (Tract "B", Plat Book 26, Pages 65-et.seq.) was revisited.
There would be two potential one-way road layouts along the north bank of the Cocohatchee Canal
(subject to SFWMD approval) in lieu of the pathway previously directed by the Board. An
eastbound road would place vehicle in the position of having to make a left turn against traffic at
Strand Boulevard. A westbound road would permit traffic to make a fight turn onto Piper Boulevard.
Attachment No. 1 iljustrates these conditions.
With the eastbound roadway, traffic would .approach Strand Boulevard to exit either north or south.
The potential for conflicts with northbound traffic for left turning vehicles from Piper Boulevard is
such that staff cannot recommend pursuing this option any further. With the westbound roadway,
traffic traveling south on Strand Boulevard could make a right turn into Piper Boulevard and
continue west unimpeded. This option would require that traffic desiring to access either The Strand
Shopping Center or other points east of Livingston Road exit from Livingston Road onto Immokalee
Road and proceed east. A traffic signal is proposed for the intersection of Livingston Road and
Immokalee Road as part of the Livingston Road project presently under construction by the Bonita
Bay interests under a contract with Collier County. That traffic signal is anticipated to be in place by
October, 2000.
Based on the foregoing analysis, staff recommends that the pathway alternative as originally
approved by the Board continue to be pursued.
E×ecuti ye Summary
Response to Board Request for Investigation of One-way Extension of Piper Boulevard.
Page 2 of 2
FISCAL IMPACT: Staff has allocated funds in the amount of $500,000 for design and
construction in the FY 2001 Capital Project Budget under Fund 313. This allocation is subject to
final Board approval in the upcoming budget Workshops and Public Budget Hearings.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That staff continue to pursue the pathway alternative as originally
directed by the Board on January 25, 2000.
SUBMITTED BY: ·
Edxvard J. Kant, P.E., ~r~-n/-s~ation Services Director
APPROVED BY'
Edvva.~ N. Fifin, Interim Public Works Administrator
DATE:
DATE:
Attachments: No. 1 - Intersection Sketch for Livingston road and Strand Boulevard
qVO~Y NO;59NIAt7
D
PG.
Q
(Jb'O~l ~VOI ~DIV/AI7
IATTACHMENT NO. /"
PAGE '?"' OF
EXECUTIVE SUMMARY
DECLARE AN EMERGENCY CONDITION AND APPROVE AMENDMENT
NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH AGNOLI
BARBER & BRUNDAGE, INC. (AB&B), TO INCORPORATE PHASE IV OF
LIVINGSTON ROAD DESIGN INTO THE PHASE III DESIGN WHILE
MAINTAINING THE SAME PLAN PRODUCTION SCHEDULE. PROJECT
NO'S 60071, 62071, 62061.
OBJECTIVE: To establish that an emergency condition exists and to gain Board
approval to amend our current agreement with AB&B, Inc., to accelerate the design of
Livingston Road. The additional services will accelerate the design schedule for
Livingston Road Phase IV (from Vanderbilt Beach Road to Immokalee Road) by about a
year.. Total cost of this amendment is estimated to be $579,435.
CONSIDERATION: On June 8, 1999 the Board approved the Professional Services
Agreement with AB&B, Inc., for the design of Livingston Road Phases II and III (from
Golden Gat-e Parkway to Pine Ridge Road~ and from Pine Ridge Road to Vanderbilt
Beach Road respectively). The total cost for tHi-~Cbfitract is $979,990 and 100% plans for
Phase III are due by April 30, 2001.
On March 7, 2000, during the Transportation Workshop. the Board directed Staff to
accelerate the last stage of Livingston Road, Phase IV, from Vanderbilt Beach Road to
Immokalee Road. Staff has proceeded with the consideration that an emergency condition
exists in recognition that
Livingston Road is urgently needed as a new north-south corridor,
the design is a natural extension of the Phase II and III design efforts that
are currently underway and
significant time can be saved by precluding the need for the. qualification
process
Staff has consulted with the office of the County Attorney and that office is of the
opinion that there is a sufficient basis for waiving competitive selection in accordance
with section V.A of the Purchasing Policy of Collier County and section 287.055 (3) a,
Florida Statutes, the Consultants Competitive Negotiation Act. Specifically, it can be
determined by the Board of Collier County Commissioners that in these circumstances
there is a valid public transportation emergency and that the waiver will serve the best
interests of the County.
Staff has negotiated the scope and associated fees for Amendment No. 1 which will
authorize the consultant to provide certain services in addition to the current scope of
services, for the design of Phase IV of Livingston Road. Summary o-flii t~'~t-i::M
tasks and fees are attached. The total cost for this accelerated schec ule }ilo$_5?~a,~s..
MAR 2 8
Pg~ ....
Construction plans for Phases III, and IV will be 100% completed by April 30, 200I.
This schedule represents an acceleration of over a year from the originally approved
schedule.
FISCAL IMPACT: Funds are available in the Transportation Capital funds supported by
gas taxes and impact fees.
GROWTH MANAGEMENT IMPACT: These Capital Improvements Projects No's
52.58, and 57 are consistent with the Transportation Element of the Growth Management
Plan.
RECOMMENDATION: That the Board of County Commissioners:
establish that an emergency condition exists specific to the needs of completing thi~
critical, ne',',', north-south roadway corridor and that waiver of competitive selection
will be in the best interests of the County
2. waive the competitive selection under section 287.055 (3) a, Florida Statutes and the
Purchasing Policy for this instance as a result of the emergency condition
approve Arnendment No.l to the Professional Sen, ices Agreement with Agnoli
Barber & Brundage, Inc. for accelerating the schedule of Phase IV, Livingston Road
design
4. authorize the Chairman to sign the Amendment
AG EN~_!T~M
No. - ~ ~' , __
MAR 2 8 2000
pg
SUBMITTED BY: "
Mitch Momtaz, P.E., Project Manager
Public Works Engineering Department
DATE:
REVIEWED BY:
Jeff Bibby, P.E.. Director
Public Works Engineering Department
DATE:
REVIEV~:ED BY: / -'
Edward J. Kant, P.E.,-Di'~:e~tor
Department of Transportation
DATE:
APPROVED BY: ~'- ~- '~ ,~.,~- /" - "'~
· EdWard N Finn. Interim Administrator
Public Works Divisicn
/ /
DATE. ~ ?~ f;
LIVENGSTON RO.ad) DESIGN PROJECT
.AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT
This Amendment No. 1 to the Agreement dated June 8, 1999 (hereinafter referred
to as the "AGREEMENT") is made and entered into this day of
, 2000, by and between the Board of County Commissioners for
Collier County, Florida, a political subdivision of the State of Florida (hereinafter
referred to as the "OWNER") and Agnoli Barber & Brundage, Inc., authorized to do
business in the State of Florida, whose business address is 7400 Tam/am/Trail N., Suite
200, Naples, Florida 34108 (hereinafter referred to as the "CONSLrLTANT").
WITNESSETH
WHEREAS, OWNER and CONSULTANT currently have a valid professional
services agreement for the provision of prOfessional services for the DESIGN OF
LIVINGSTON ROAD phase 2 (FROM Golden Gate Parkway to Pine Ridge Road), and
phase 3 (from Pine R/dge Road To Vanderbilt Beach Road), (hereinafter referred to as
the "PROJECT"), said services more fully described in said AGREEMENT; and
WHEREAS, OWNER and CONSULTANT agree the addition of Livingston
Road design (from Vanderbilt Beach Road to Immokalee Road, in order to speed up the
overall Livingston roadway construction schedule) 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 follbws:
ARTICLE ONE
1.1 CONSU-LTANq' shall provide to OWNER professional Engineering, Surve~ving,
and Environmental services in all phases of the project to which this Amendment applies.
1.2 CONSLrLTANT shall provide professional services in addition to those as
outlined in said AGREEMENT as noted in Exhibit A of this Amendment; as attached
hereto.
ARTICLE TWO
2.1 OWNER agrees to compensate CONSULTAd~'T for services rendered hereunder
as prescribed in Exhibit B, entitled "Exhibit B - Fees" For Basic Services and
Consultant's Estimate of Additional Services, as outlined in said AGREEMENT with the
modifications to Exhibit A to said AGREEMENT which are attached hereto and made a
part hereof.
3.1
ARTICLE THREE
The overall schedule for said PROJECT will remain unchanged.
4.1
ARTICLE FOUR
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 Livingston Road Design the day and year first
written above.
ATTEST: (As to Chairperson)
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA, A
POLITICAL SUBDIVISION OF THE STATE
OF FLORIDA
By:
Dwight E. Brock, Clerk
By:
Approved as to form and
legal sufficiency:
/' ~, ~-
Assist~'~t Coia~ity Attorney
'-" /
Witness
Ag¢~oli Barber & Bru~_ dage,?pc.
By:
Daniel W. Brundage, P.~., .esident
(CORPORATE SEAL)
E;'CHIBIT A
AGNOL1 BARBER & BRUNDAGE, LNC.
LI~'_~GSTON ROA. D - SEGMENT THREE (PH.&SE
SCOPE OF SERVICES
TASK !.00 - ENGLNEERZNG AND LAND SL~VEYS
TASK 2.00 - GEOTECHN-!C.&L SERVICES
TASK 3.00 - ROADWAY PLAN'S
TASK 4.00 - UTILITY RELOCATION PL.&NS
TASK 5.00- RIGHT-OF-WAY MAPS
TASK (5.00 - SIGNALIZATION PLANS
TASK 7.00 - SIGNING AND MAR_K.1NG PLANS
TASK 8.00 - STREET LIGHTING PLANS
TASK 9.00 - PER~M1TS
TASK 10.00 - FINAL CONTRACT DOCL~IENTS (I 00% PLANS)
TASK 11.00 - ADVISORY SERVICES
TASK 12.00 - POST DESIGN SERVICES
TASK 13.00 - REIMBURSABLES
EXHIBIT B
AGNOLI BARBER & BRLLN;DAGE, LNC.
LIVINGSTON ROAD - SEGMENT THREE (PHASE tv')
FEES
TASK
TASK 1.00 - ENG1NTEtLrNG .~ND LAND SURVEYS
TASK 2.00 - GEOTECHNICAL SERVICES
TASK 3.00 ~ ROADWAY PLANS
TASK 4.00 - UTILITY RELOCATION PLAN'S
TASK 5.00 - RIGHT-OF-WAY MAPS
TASK 6.00 - SIGNALIZATION PLANS
TASK 7.00 - SIGNING AND MARKING PLANS
TASK 8.00 - STREET LIGHTFNG PLANS
TASK 9.00 - PERMITS
TASK 10.00 - FINAL CONT.{CT DOCL~{ENTS (t 00% PLANS
TASK 11.00 - ADVISORY SERVICES
TASK 12.00 - POST DESIGN SERVICES
TASK 13.00 - REEMBLrRSABLES
TOTAL
FEE
$59,595
$22,591
5192,830
$11.25O
$36,200
$43,584
$20,000
$4,000
$15,200
$22,400
511
$58,970
S5:57_3_
$579,435
Mar 13 O0
EXHIBIT C
AGNOLI BARBER & BRLTNDAGE,
LPv'IMGSTON ROAD - SEGME.XrI' THREE (PHASE IV)
SCHEDULE
600/0 PLA2qS
OCTOBER 31, 2000
PER.MIT A_PPLICAT!ONS
FEBRUARY 28, 2001
100% PLANS
APRIL 30, 2001
AGNOLI BARBER & BRUNDAGE
LIVINGSTON ROAD - SEGMENT THREE
SUMMARY FEE SHEET
TA~K 1.00 - ENGINEERING AND LAND SURVEYS
~ ~.~on H~u~ r Rate Fee Fee Type
1.oI O~lgn SUm ~' ." 20.570
- s. Ob~am sup~men~l Io~ m u~ aegis 40 ' '~ 3,400 FF
b, O~in supp~n~aJ utili~ in~efiOn ~ ~ 1.700 FF
c. Pa~ ~ Bna effiue~ ~a~ ~u~ 182 85, 15,470 ~F
fl. Ou~all su~ .~ __ 85 25.5~ 25,000[ FF
~b-To~l Ta~k 1 O0 ."." J 707 ] ~,095 59.595
TASK 2.00 - GEOTECHNICAL S£RVICE.~
· # i .... Oes~n ' ~0urs--- ~ ' - Feu 'F~ Type,
e, SPT end Hand Au~r ~oil ~r~n~s ~ I~ ~_ 6,745 T&M
b E~i~nn~ ~c~ ~ 88 74 ~,512
c ~ma~ T~tin~ 101 ~ B.484; FF
P~para~on of SmI Data S~et 10 85 _ 850 FF
t
tSu~T~ T~k 2.DO ...... ' 3~ '- 22,591 22,591 t
T~K 3.00 - ROADWAY PLANS
Task ] Task ' Man 'i AvL Cai(; Prop
3.01~SG~e and Gaelics (30% Plans) _ ~
~a. ~y Map ~ 8 ~ 520
D, ~ ofS;d~aik Sh~t 40 70 2.800
c. ~tna~ ~a~ (~' = 2~'} ~ , ........ ~0 80 4,800 FF
O. ~n and ~ofi~ Sh~s ~'~ - 40'~ I ......... 160 BO 12,800 FF
_ e. ~ypl~l Sec~ Sh~t ' ~Oi 80 4~,~0 FF
f C~ ~e~ Shee~ i60 7D r 11.2~
9. 9Ud~I EsUma~ -- ~--~1 ~ 80~ 4:800 FF
3.02 Baslc Pl~ (~%) 73.090
a, Key Ma~ 8 65 .. 52D .... FF
b. D~ina~e ~p 32 ~ 2.5~0 FF.
~ T~S~Sh~. dO -- - ~ 3.~ ~-' FF... '
o Plan e~ ~b ~h~m ~n~d. W3t~& Eft[ ~n .. 180 80 14,4~ ......... FF
e. Drn~ege $t~m Sh~ ~ 75 6~0 FF
L C~a S~n Sha~a 1~ 70 I0.~
~. ~imm~ ~s~ o~ S~ Wa~r Tmat~ ~ 80 80 6.400
' ~ .D~i~e~6o~ .. ~ ~ = -7~ 3.750 FF
:m. Dra~ B~ ~u~nm ~ 80 4,~
'~. Key Ma~ ..... 8J 65~ 520 ....- tj FF' --
ih. O~lna~e ~p 30[ F0 2.100 j
301 ' 70~ 2.to0T F~
T~I Set,on Sheets
d. Summa~ o, O.~nli~t 1~ " 70 ~.4~, ~ FF
Plan and Profile S~e~ inct Water & Effl.'des~n 140[ . . 70 ~.8~1
g. Mi~llaneeus Sh~ 60~ 70 41~0
.,.~. D~inage S~m ~ts 1~ . 70 7.~0 FF
~ ~n D~ils an~ P~les , 1~ T0l 7.~ FF
j.. Lat~l Di~ll Sh~m ~ 701 2.~ F F
k. C~s ~c~on Sh~ 140 70 9,8~ FF
I. Comp~ S:o~ W~er T~:mep~ ~S~gn ~ , - 60 ~! 4,800 FF
m. Maimena~ of T~c ~n ...... 1'~ B0 8~0~ ' FF
n. O~=t~n O~um~n:atmn 60 .. 801 4.8~
o. S~l~ti~ ~n ~rd~t~ ... ~ ~ 2.400 ~._ FF
p Str~ Li~h~n~ Plen c~lna~n _ ~o ~0 ~0
Sub-T~al Task 3.00 -- . . 2.5~ 192.~ 192,830
'[ASK 4.00 - UTILITY RELOCATION PLANS
'~aak Task [' Man t Avg 1 'Catc Prop F&e
~01 Utihly No,fi~l~On .... 25 75 ..... 1.~75 1 .aTS F~'
4-02 ~ tJtR~ty C~mlmtlon 35i ~5,_ 2.625 2.625 y~--
4.03 F~n~ U~h(y R~lo~-uhon P~r? ..... 90~ ~ 75 ~.750 ~O ~.~.
.]Sub2~l Ta3k 400 1 ~ 13 ,X~O 1 t.250
]'ASK 5.00 - RIGHT-OF-WAY MAPS,
Tal~:sk I Taa~ Man ! Av~ Calc ~op Fee
- Desc~plion ~. Hours [ Ra~e Fcc .... F~ T~pe
501 ~Right~f-Way. M~ (~r~'llm;~ & FAal) __ 250 ~ ~.0~ ~5.000 FF
5.02 Le~at ~scfipl~ns and Pamel Sketches ~22) __~ ~ ~0 ~7~ 7,700 T&M
5.03 IOD~n a~ R~I~ ~E ~1 ~'n~at*on 121 70 ., ~.,470 8.500 FF
' $.04 O&E e~, ~elmbu~lb~ ~osts ~Z2,~Is) ~ 223 4,950 5.000 T&M
rS~b-~o~l Task"~-00 ....... 272 36, ~ 20 36,20~
TASK 6.00 SIGNALIZATION
'-'T~x YgSK .......... { Man i Av~ '" Calc plop ,, "'Fc~
b. New si~l at Wi~hi~ Lak~ in~m~on 80 ~ _ _~z~O FF
d. N~ signal at Im~kalae Ro3d Inleme~nn 80 ~ 5.~0 .......
a. N~w signal at Cou~ ~ i~ta~mn ' 40 _ 68 - _ 2.720l ..... F~
b. N~ s~n~l at Wi~hi~ Lake~ in~ 40 ~ 2,T~ FF
c 'N~ e~nal at Llu~gs~n La~ Intern ~ , .. 68 2.7~ FF
d N~ 5~nal at I~okelee R~d int~i~ 40 ~ 2.7~ FF
5ubT~l Ta~ 6.00 624 - ' 43,504~ 43,~
~ROM' Panasonic FAX SYSTEM PHONE NO. ' 9415662203 Mir. ~_,~? 20~ ~a:~=PM'~= P~
TASK ?.00 - SIGNING AND MARKING PLANS
Tes~ Task' Man ~y~ ~ ..... I prop I Fee
~ lO¥~npl~o. -- Houm ~ ' F{at~ ~:~ ~ F~ Ty~
~aO S~nlng a~ Ma~in~ Plans 2~ ~ 75, ~8.DO0 ,~8.~0
C~rd~nafion ~ew Dy ~OA . 2T . . 76~ ....Z05~ .2.000 FF
j~Oa~ Ta$~ 7.00 240 ... 20.~5~ 20.000 ....
TASK &00 - STREET LIGHTING PLANS
-TaSk Task .... Man Av~ ,.Calc .... prop _ Fee
~ DescriprJon Mour~ Rate Fee Fee Type
8.00 Steer L,~n~ plans .... 4~ ~ 4.050 4.~0 FF ~
TASK 9_00 - PERMff'S
Task Task [_ Man _ Avg Calc Prop Fee
# Description~ HOurS Ra'~ F~e F~='e 'r~pe --
~_01 Inlt~l Mee~ng w~m
910~ ~tt Revisions
9.04 Wildli,~n~ed
TASK 10.00 - FINAL CONTRACT I:)OCUMENTS 100% PLANS)
~~ ~e~on Hour., Rata Fee~ ~ Fee Typ~
10.01 Finat P,ans .... _.__~ 160 70 ]~;2001 ~ 1.200 FF
10:02 :Fin~t D~ume~s 160 __ 70 1 lm2OOJ 11.2~ FF
TASK 11.00 - ADVISORY SERVICES
Task ...... T'~J( ' ' Man Av_q Cai(: PrOp .....
~ Des~ption Hou~ Rate Fe~ ~ Fee T~
11.01 SiX (8) Set~ Bid~ ~ntr~ D~u~n~ ~ a 6b~ ~2U 5~ T&M
.03 Assist ~un~ ~In Pre-Bio Confe~ce .... 2~ ~- ~ 8~ ~_ 1,600 1
.04 Rasped ~ 8id~m ~uldes -~ 75 3.000 ~]O~ T~M
.05 Prepam~nda end Issue ~0 ~--- T5 ..... ~,~00 ___ 3.~
~06 ~ai~ Coun~ w/Bids and A~rd Cont~ .... ~0 - 80 1 ~600 1 .~ T&M
.07 A~nd Pre-Con~t~tion Confem~ 12 ..... 80 ~ 960
...... S~b;T~t~ T~ ~[~ "15~ I1.720 11.720
TASK 12.00 - POST DESIGN SERVICES
Task i J .... Task, .... Man AyD Celc Prop. Fee
," Descrtl:,lon Flours IRate Fee Fa? ._ _ Typ~
12.01 FDEP ~li~ Mere ~nalon Permits ~' 30 __ ' 75 ~.250 -- 2.250 FF
i~02 Site VJsl~s ~ _ ~1~ ___ 70 ~.1'20 ~.120 T&M
~2,03 S~ D~S ' 50 ~0 3.~ 3,~ ~
12.~ C~nr~n~ 1~ ..... ~ ' - 8,~0 8.~ FF
i2.05 Final ns~ 70 ~ 80 5,~ ., 5,~ FF
~2,0~ pe~ff CaSaBaS ~ ~ 70 3.500 3.~ FF
12.~7 ~d Drawin~ ~ 1~ ~ 70 ~.OO0 7.~ __ F~
....... S~b-T~t Task'12.00 "' 816 ~ ~,970 58~970
WAX S'f%TEM PHONE NO. 94~=bo~ Mar. 1~ 2~ A4:45PM P6
TASK 13.00 - R£1MBLIRSABLES
# ,, ~escnpt~n '" Hours , Rat~ FOG , "~ee
--~3_D1 24~- ~nty Revie~ ~e~ ~ 3~, ~ 90. & ~% ~' --
2 ~e~ ~ ~ sh~ {ava)- N~ ' t ao01 1.~ 1.2~ ~,200~ T&M
* 1 ~e~ ~ 100 sh~ (a~} - mylarj 400~ 5 ~ ' ~,~ 2,000 T&M '
i3.02 Utility ~m~ ~l~ ~ - 4 ~m ~ ~ shee~ " 1~ ~ 1.50 180 180 T&M
13.04 S~MD ~v~w se~ - 14 se~ ~ 30 she~ j , ,A~ 150 ~30 ~ 630 T&M 1
13,05 R~ht~-way Maps .....
Blue 225 150 ~8 338 T~
Myla~ 45 5,~ ~5 2~6 T~
13.06. M ~ Coo~es. delivers, and other ex0ens~ ' ~ 1.~ 00 1.000 ~.000 T~
~ T~k 1Z.00 .... ~ _ .5'5~3 5.573 "-
GRAND TOTAL
' # l~t4;ct~D tie n Hou~ Rate Fee .... Type
__ Z.00 Basic Des~l? Se~cea (Ta~3 ~ .~0 - 10, 90)_~__ 5.3~ - 80 428.172
-
__ 4_00 ~as~ Dean Se~ (Task 12.00~ I ,, 816 ~-- 72 ' 58.970 ~
Relmbumable~~ -
G~B TOTIc ' , ,, S~92 579.435
' This fee proposel IS i3ased upon the tOIIowmg a~Jmpt~ons 1. The County c~n ~rovlde ~ current domgn aun~ey
2 Current roster a~l p~ot~p~y is ava~ble
3. The ~po~ed roa~ay ~ i~ Gc~SSi~ to ~il bonn9 drill ng5
4. N~ ~ignais will ~ ~qui~d ~t the fol~wlng
T~e new Coun~ Reg~nml ~ m~in e~nce
U~ngston La~ inte~e~o~
Immo~e ~d Inte~n
5 Steel ~le and mast arms ~11 ~ used for traff~ mgnals
6 ~ess menagemenl and lyp~l s~ion~ wdl ~ Daa~ upon ~a "Across Man~ement Analys~s
Des~ ~epo~ by.Collier Counly ~ED datee O~ember 30, 1998
MEMORANDUM
DATE:
TO:
FROM:
March 7, 2000
Board of County Commissioners
Pamela S. Mac'Kie
Commissioner, District 4
Everglades Restudy Funding Options
Please find attached a copy of a memorandum received from Palm Beach County
.regarding the Everglades .Restudy Funding Options.
I have placed this issue on the March 14, 2000 Agenda for discussion under Board of
County, Commissioners.
By copy of this memorandum, I have also asked Michael A. McNees, Interim County
Administrator to coordinate with staff in order to provide background information and
possible funding options and to also request the attendance of Mr. Clarence S. Tears, Jr.,
Director, Big Cypress Basin, for his input on the issue.
Commissioner, District 4
PSM:cb
Atmchment,~
cc: Michael A. MCNees, Inten~dministrator
A~DA I,~EM
NO.
PI?,.
FEB- 28-2BOB !7:43 P.~i/Ii
Robert Weisrnan
FAX COVER SHEET
TO:
FROM:
DATE:
Commissioner )lene Lieberman, Broward county (954)
Commissioner Adam Cummings, Charlotte County (941)
Commissioner Pamela Mac'Kie, Collier County (941)
Commissioner Robert Giesier, Glades County (941)
County Administrator Lester Baird, Hendry Co. (941)
Commissioner Guy Maxcy, Highlands County (863)
Commissioner John Manning, Lee County (941)
Commissioner Janet Gettig, Martin County (561)
Commissioner Jimmy Morales, Miami-Dade CO. (805)
Commissioner Nora Williams, Monroe County (305)
Commissioner Map/Kay Reich, Monroe County (305)
County Administrator George Long, Okeechobee (941)
Chair Mel Martinez, Orange County (407)
Commissioner Chuck Dunnick, Osceola County (407)
commissioner Marlene Young, Polk County (863)
Commissioner Frannie Hutchinson, St. LuCie Co. (561)
Com missioner Kar~'~
February 28, 2000 ~'~ '
SUBJECT: Everglades Restudy Funding Options
NO. OF PAGES, INCLUDING COVER: 11
357-7295
743-1310
774-3602
946-1091
675-5317
386-6535
'335-2143
288-5432
375-5569
289-6306
852-7162
763-9529
836-7360
343-2210
534-7655
462-2131
i'd like to take this opportunity to follow-up On my fax Of l sent on February 22, 2000.
Please call or fax my office as soon as you receive this fax to let me know when or
if your county will be discussing this issue. The South Florida Water Management
DiStriCt will be meeting on March 14, 2000, and it would be great if we had a unified
p.O, Box 1989
"An Equal C~portunity Affirmative Action Employer"
West Palm Beach, Florida 33402-198g (S61) 355-2001
www.co.palm-beach.fl, us
voice bV then.
FAX COVER SHI::i::T
Robert Weis~ -
TO:
FROM:
DATE:'
Commissioner Ilene Lieberman, Broward County
Commissioner Adam Cummings, Charlotte County
Commissioner Pamela Mac'Kie, Collier County
Commissioner Robert Giesler, Glades County
County Administrator Lester Baird, Hendry Co.
Commissioner Guy MaXCy, Highlands County
Commissioner John Manning, Lee County qq~
COmmissioner Janet Gettig, Martin County
Commissioner Jimmy Morales, Miami-Dade co.
Commissioner Nora Willams, Monroe County
Commissioner MaFy Kay ReiCh, Monroe county
CounW Adminisl:rator George Long, Okeechobee
Chair Mel Martinez, Orange County
Commissioner Chuck Dunnick, Osceola County
Commissioner Marlene Young, Polk County
Commissioner Franni¢ Hutchinson, St. Lucie Co.
February 22, 2000':
SUBJECT: Everglades Restudy Funding Options
NO OF PA, GES, INCLUDING COVER: i0
(954) 357-7295
(941) 745-1310
(941) 774-.3602
(941) 946-1091
(941) 675-5317
(863) 386-6535
E)6~ 335-2143
(561).288-5432
(305) 375-5569
(305) 289-6306
(305) 852-7162
(941) 763-9529
(407) 836-7360
(407) 343-2210
(863) 554-7655
(561) 462-2131
I have been talking to many Of you in the last few days about the Governors
proposal for 5outh Florida to fund $100 Million of the Restudy Program annually. It
makes sense for all sixteen counties to have one position on what funding source we
would support and think is fair. The Documentar~ stamp continues to seem to be'
the 'most reliable and equitable. Attached please find a draft resolution and
information.on the Documentary Stamp Taxes. Please let me know ASAP if you think
your counties could support this so we can move forward as quickly as possible. The
Palm Beach Counto/Board of counW commissioners may consider this resolution at__~
their February 29, 2000 meeting.
P.O. Box 1989
"An Equa! Opportunit~ Affirmative Action Employer"
West Palm Beach, Florida ~402-1989 (561) 355-2001 Fax: ($64
www. to.paim- beach.ti.us
F~-28-2000
Everglades Ecosystem Funding Resolution
WHEREAS, as the wo~l's largest subtropical marsh, the Florida Everglades is
an ecological system of stale, national and international importance;
WHEREAS, the entire ecosystem of the South Florida region, spanning tom the
Kissimmee River to the Florida Keys. depends Ul3On a healthy and functioning
Everglades;
WHEREAS, the South F)orida region ad~s tremendously to the economic vitality
of the entire state and comprises approximately fo~y percent of the state's
population;
WHEREAS, the future water suppty and floo(~ protection of Sex, th Florida will
benefit from the restoration of the Everglada~ ecosystem;
WHEREAS, the federal Water Resources Development Acts of 1992 and 1996
directed the Army Corps of Engineers to undertake the Central and Southern
Florida Project Comprehensive Review StUdY (Restudy) and. on July 1, 1999. the
Corps pre, anted the Restudy to Congress;
WHEREAS. the Restudy is expected to cost approximately eight billion doltam
and the federal legislation mandates a 50150 cost shadng between the State of
Florida and Congress;
WHEREAS. the state of Florida share is estimated to be two hundred million
dollars per year for twenty years;
WHEREAS, the Governor of the state of Fiends has announced legislation that
provides approximate~y'ane hundred million dollars per year for ten years from
state sources and commits the South Florida Water Management District and the
South Florida region to another ~,ne hundred million per year:.
WHEREAS. the Florida Legislature will address Restudy funding during the 2000
Session in order to establish lhe state's financial responsibility to fund the
restoration of the Everglades ecosystem; and
WHEREAS. the Board of County Commissioners of the sixteen counties wilhin
the jurisdict~on of the South Florida Water' Management District recognize
Restudy funding as a priority issue of their constituents and the entire region.
NOW. THEREFORE, BE IT REsoLVED BY THESE BOARDS OF COUNTY
COMMISSIONERS:
· NC.
'. ~,,!:
FEB-28-~00~ 19:44
Section 1: That the Boards of County Commissioners of the sixteen caunties
within the jurisdiction of the South Florida Water Management District urge the
Governor and the Florida Legislature push for Everglades reetoratk)n funding
¢luring the 2.000 Session.
P.04/i1
Section 2: That the Boards of County Commissioners of the sixteen counties
within the jurisdiction of the South Florida Water Management District urge the
Ftodda Legislature to equitably apportion the coals of Restucly funding between
the state of Florida and the South Florida regk3n.
Section 3: That the Boards of County Commissioners of the sixteen counties
within the jurisdiction of the South Florida Water Management District consider
the Everglades to be such a significant resource that a dedicated, recurring
funding source is needed to fund the lengthy and expensive restoration process.
Section 4: That the Boards of County Commissioners of the sixteen counties
within the jurisdiction of the South Florida Water Management District urge the
Governor and the Florida Legislature to cOnsider dedicating a portion of the
state documentary stamp revenue necessary, to provide
d~[ars..'~er year: as the most sound and balanced source of revenue f~'
Restudy funding.
FEB-28-2088 i?: 44
EVERGLADES RES~IDY
GOVERNOR'S PROPOSED FUNDING SOURCES
Total Pmje~
Fkxt~'s ir~ua~ ~hare (~)
Governor's Proposed Allocation:
~tate of Flodda General ReVenue
Total Portion from State of Florida
8~;th Florida Water Managemenl Disbict
Florida Fo~ver (South Fl=rld,t Conserv~ikxt Land
Acquisition Pr~lmm)
Total Portion from South Florida
TOTAL
$7,800,000,000
r s.,ooo, ooo
$7S,000,000 37.5%
$100,O00,000 50.0%
$2s,000,00o
_ _st2s,poo,ooo_,
~- c---- - -- _
Rev
Actual Effect of Governor's Proposed Allocation:
State of .Florida General Revenue
$75,000,D00 37.5%
Since South Florida pays 46.5 % of General Revenue
de~ad from Sales Taxes the Actual Portion Paid By the
rest of Florida is:)
S3.50%
~10,125,000 20.1%
Total Portion from State of Florida
· outh Fk;rlda Water ManhUnt Oist~ct
$40,125,000 20.1%
4
$100,000,000 5~.0%
Florida Forever (South FI~ Canservation Land
Acquisition Program)
South [:bftda Polgofl of General Revenue
46.50%
$25,000,000 12.5%
$34,8_75,000 17.4%
Total ACTUAL share from South Florida
TOTAL
$'1S0~?$'000 _
79.9%
loo.o%
FEB-28-2000 17:45
P.08×~
DOCUMENTARY STAMP TAXES.
( ontln l)
'VALUE 0~' RATE CHA~G~S. EX]:MI~IONS. DiF~gNT~ ~~S AND
for ~:h $100
(miUlom)
S fl.S
Vduc of I cern levy for each S100 of coMideraion on c~rpome
shres, bonds, cessi~ate~ of ~, promissory notc~
lit.it
S~nck mumfen (s. 201.0~)
Itcs~.wd Mm (s, 201.0~)
53.6
201.
Wllolo~lc ~lrl ~~ agr, m'nce, J (m. 101.21)
37.3
126.8
Uuitonn Cammer~taJ Code documents (8. 201.22)
Se~urily dean - 30 days at ltml (s. 517.32)
I~,~ip no~,s ($.
3.7
OMl~tinm or politl~l suMivl~iom (s, 201.24)
4.2
~ mmuniom is. 201,23(4))
held by Plmtda bmln~sa~ (s. 201.011}
utility lS~nd financing (~, 101,1~(4))
dlffet~alal for D~de Countp (a. 201.031)
3.0
-[
~?.
F~B-~8-20~ ~ .46
STAMP TAXIES
I)Immlu~m of mmia~c (.. ~0~
T-- oal~ o~ ~ mo~ of to~wod loam (~.
Agesda cc~snias~a (.~ %) (~. ~Ol. l l~))
Cl~ ol'~l~c clm~ ~ f~ (i % of~ 0~ dooda) (~. 201.~7~))
~.0
0.2
6.1
FEB-28-20~ 17:46 ~.10/11
State of Rorida
Deparl ent of Revenue
Dmtumtnt~ff Stamp Tax
Whh:h Docun~n¼ ~.tqu~e D~m~n~ff ~amp$?
Documcnmry s~"r~p Wes are k-vied on dorurn~nt~ ~ p~ovid~ under C)~pw 2Or,
FhTid~ Statute. l,)ncm~c~tt ~ub~ect to I1~ laz nfo nulhed bclew.
A a~r~fer of interne ~n r~l prope~y cnMitds of:
Consideration cn~i~ of:
cash montlqe, eilher subject to or ulumd stook or an iner~lsc in stack vs~=
any ot~ ~ncta~ ~tion or ~nsi~rntiofl wh~h he ~lue ~re t~
~ ~tion it equal ~ thc fair ~rk~ vul~ af I~ r~l proart.
Docucrm~tiry ~,nmp ~x i~ due upon ~he o~iKin~ ~ua~z~ Ofs:~kt and ~n~ in ~i~
s~lc, ~c mx rate is $35 per $lO0, ~ ~ninn ~o~ of ~c ~c or par val~ Of the
value, the I~ sppli~ m ~ ~I value
thereof, of~e oM~alion triced by I~ ~u~t. hx~ble ~n~s ~ conm~ a
promia lo pay c~c, a ip~f~ i~u~ tin. ney u~ ~st bt eXgCU~ of ddivemd in
w~n ~coTded ~ F~,
Examples Intl~tOe Ii~ foilowlug:
~E~-28-200~ 17:46 P.!i/ll
whit
l~rly is cx~np~ ~lm ~a~ is rcqub'ed ot'~c ~un=~ernp~ pray.
Any docdmcn~ Urns, upon eucli~ or when ~e~ordecl, doe~ ~I ~min o~ oFzhe pro~
TOTAL P.11
02/25/00 10:25 FL ASSOC OF COUNTIES a COLLIER COMMS NO,IBz PBOi/Oll
P.O. Box 549/Tallaha;.e~e, Florida $2302
Pho~w: 850/922-4300 Suncam: 292-4300 FAX: 850/4B6.7,~01
ME M O R A N D U M .... via facsimile
Page 1 of 1
TO:
Comm. Karen Marcus (Palm Beach)
Comm. Ilene Lieberman (Broward)
Comm. Adam Cummings (Charlotte)~-
Comm, Pamela Mac'Kle (Colller)~'''
Comm. Robert Glesler (Glades)
County Administrator Looter Baird (Handry)
Comm. Guy Maxcy (Highlands)
Comm. John Manning (Lee).
Comm. Janet Gettlg (Martin)
Comm, Jimmy Morales (Mlaml-Oade)
Comm. Nora Williams (Monroe)
Comm. Mary Kay Reich (Monroe)
County Administrator George Long (Okeechobee)
Chair Mol Martlnez (Orange)
Comm. Chuck Dunnlck (Osceola)
Comm. Morions Young (Polk)
Comm, Frannle Hutchinson (St, Lucia)
FROM:
Palmer Ma-on, Governmental Liaison
DATE:
February 25, 2000
EveraladAm Re,,tudy ~:undlna
Attached to this fax memorandum are copies of the presentation given by Mr. Frank
Finch, Executive Director of the South Florida Water Management District (SFWMD), to
the Governing Board on February 23, 2000. The purpose of that meeting was for Mr,
Finch to present the SFWMD board with a list of internal and extemal options for funding
the Restudy. The Governing Board did not taka any action at this meeting.
While no formal agenda is yet available, it Is likely that fie Govemincj Board will adopt a
set of Restudy funding recommendations to present to the Governor on March 14, 2000.
In addition, the Governor's Commission for the Everglades will meet February 28, 2000,
to finalize a set of Restudy funding options. A meeting agenda for the Governor's
Commission for the Everglades is also attached.
If your county has any comments or suggestions concerning this list of possible Restudy=
funding options, please contact Palmer Mason at 850.922-4300. AGEND~ ~ .n~c~
Attacflments
CC: County Lobbyists
E.~£COTtVE DSRFCT~R
J .~7 Vt('[ Pk~£.~JOENT 2ND VICE PRE.~
PAlM BEACH
02/25×0~ 10:25 PL ASSOC OF COUNTIES a COLLIER COMMS NO.JB4 POOZ/Oll
The Governor's Commission for
the Everglades
TO:
c~v ~YROM:
~oa~.~ B~,u~ ~, $~. DATE:
Buovv ~.
MEMORANDUM
Interested P~ies
C~eg, Diehl, Deputy Director
' February Il, 2000
Upcoming Meeting of the Commission
The next meeting of the Governor's Commission for thc Everglades
has been scheduled for Monday, February 28~' at the Miami International
Airport Hotel located within the terminal building on Concourse "E", The
meeting will begin at 9:30 AM and end at 5:00 PM. Sleeping rooms are
available for a 8overnmcnt rate of $109 or a standard rate of 1159. Call (305)
871-4100 (x-2225) to make reservations, Rooms ~e available on a first-come
first served basis. If you have already made reservations at the Doubletree
Hotel in Tallahassce, please call (850) 224.5000 immediately to cancel. Please
als0 note that we will not be meeting on February I 8~h.
During this meetin8 the Commission will finalize recommendations on
funding of thc Restudy to be presented to Governor Bush prior to thc
beginning of the legislative session on March 7,
E.~cu//v~ DJ~C'rO~
D£Pu'rr ~81gc'n~
7-.. E
~-- FS~ 1 4 zCIQQ
02×25×00 10:25 FL PSSOC OF COUNTIES a COLLIER COMMS NO.]S~ P0~3/0]1
COMPREHENSIVE EVERGLADES
RESTORATION PLAN (CERP)
FUNDING TIlE LOCAL SHARE
PURPOSE
1. Update Governing Board on
Funding Analysis
2. Seek Governing Board Approval of
Internal Funding
02/25×00 10:25 FL ASSOC OF COUNT]ES ~ COLLIER COMMS NO.384 P~O~×Bll
GOAL
Identify Sources of Recurring
District Funds Averaging $100
Million Annually.
External Input
· Financial Advisory Panel
· Governor's Commission on Everglades
· "Town Hall" Meetings w/Legislators
· Broward County Joint Commission Meeting
· Palm Beach County Lesislative Delegation
· Lea&me of Cities & AssOCiation of Counties
· Budget Review Commission
FL ASSO£ OF COUNTIES ~ COLLIER COMMS
NO.~B4
Projected FY2001 Budget
Dedicated vs. Ad Valorem
Projected Budge~
$446.3 Million
Projected FY2001
Ad Valorem Budget
Projected Budge~
$22~.2 Million
02/25/08 10:25 FL ASSOC OF COUNTIES 9 COLLIER CDMMS NC.OSd P006/011
CERP Funding- Internal
i Redirected Effort
CERP
Non-CERP
Subtotal
Previously Dedicated Millage
Program Reductions/Cuts
Total Internal Sources
$13.9 Million
.1~ Million
$21.9 Million
· 11,5 Million
Upto 1~.7 Million
$49,1 Million
CERP Funding - Summary
Internal District Sources
Local Government Sources
Total
$49.1 Million
12.o Million
$61.1 Million
Shortfall
Million
Total Requirement
$100.0 Million
4
B2×25×00 10:26 FL ASSOC OF C3UNTIES e COLLIER COMMS N0.384 P067×022
Program Reduction and
Elimination Options
· Option 1 - $7.2 Million/19 Positions
· Option 2, $9.1 Mil!ion/24 Positions
· Option 3- $12.8 Million/41 Positions
· Option 4 - $15.7 Million]50 Positions
Ovtion I -- $7.2 Million/19 Positions
· Eliminate 7 positions currently associated with agency
reorganization
· Reduce funding for Center for Environmen~ Studies-
including 3 positions
· Eliminate Altcrnestivc Water Supply Projects funding
· Eliminate Water Resource Education Projects - including
9 positions
5
02/25/00 10:26 FL ASSOC OF CDUNTIES a COLLIER COMMS NO,~8~ POOB/Oll
01~tion 2- $9.1 Million/24 Posifons
· InCludes all of Option 1
* E!!__mJnate tech_n_!cal usistancz to loc~! government -
including .3 positions
. Eliminate stormwater planning ,,sistance to local
government
, Eliminate Mobile lrrigntion Lab Funding
. Eliminate University Student Intern Program
· Eliminate Mercury Monitoring. including 2 Positions
Option _3 -- $12,8 Milli _o_n/~41 Positions
* Includes All of Options l & 2
· Reduce research by $2.$ million - including 3 positions
* Close Florida Keys & Browntd Service Centers and
consolidate people/contr~ts at Miami-Dado Service
Center;, no positions eliminated
· l~duce Right,of-Way mnnalen~nt effort by 50~ -
including 14 positions.
6
Option 4 --, ~ 13,7.Million/50 PortiOns
· Includes all of Options 1, 2 & 3
· Reductions in Water Management Planning and
Implementation pro~am - including 7 positions
· Reduce Office of Cotmsel by 2 positions.
· Extend useful life of vehicles/heavy equipment and delay
purchasing replacements
II LMJI
II
~NI, I
I
F, xpendltur~ Reduction OpUoGI
1~2001
ITu MIIllom) s~u
Il II ~Iiml W4
IC'apdul
7
0~/~5/0~ 10:26 FL ASSOC OF COUNTIES e COLLIER COMMS N0.~84 POi~×~il
* Fm:d T~m
, Public St~icm Poe i'T. Jdlid~)
,. S,tu Tu
FL ASSOC OF COUNTIES a COLLIER COMMS
NO. :384
P011/011
OBJECTIVE: To confirm the recommendation by Everglades City to appoint Everglades City
Councilman David Loving to fulfill the remainder ora vacant term, expiring on December 31,
2001 on the Ochopee Fire Control District Advisory Committee.
CONSIDERATIONS: This 5 member committee advises the Board on the budget and
operation of the Ochopee Fire Control District. The board shall be composed of five (5)
members and such membership shall consist of one (1) member from each of the following
areas: Everglades City - recommended by the Mayor, Plantation Island, Chokoloskee, Lee
Cypress and Ochopee. Members must reside within the taxing district. Terms are 2 years.
A list of the current membership is included in the backup.
On February 7, 2000, Charles R. Reynolds, representing Everglades City resigned, leaving a
vacant position on the Ochopee Fire Control District Advisory Committee. A letter dated March
9, 2000, was received from Mayor Sammy Hamilton, Jr. recommending that David Loving be
appointed to fulfill the remainder of the vacant position representing Everglades City.
APPLICANT CATEGORY DIST ELECTOR ADV. COMM.
David Loving Everglades City 5 yes none
RECOMMENDATION: David Loving representing Everglades City
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appointment, appointment one member to fulfill the vacant position; and
direct the County Attorney to prepare a resolution confirming the appointment.
Prepared By: Sue Filson, Administrative Assistant
Board of County Commissioners
Agenda Date: MARCH 28, 2000
Pg .... /_
CITY OF EVERGLADES P~GE 01
Ci9 of Everglades City
P.o. Box 110 Everglades City, Collier County, Florida 34139
City Hall 207 Broadway
Phone (9,* 1) 695-3781 Fax (941) 695-3020
March 9, 2000
Ms. Sue Filson VIA FAX 941 774 3602
Administrative Assistant
Board of Cmmty Commissioners
3301 East Tamiami Trail
Collier County Courthouse Complex.
Naples, FL 33112
SUbjeCt: Oehopee Ih'ire Control District Advisory Committee
D~r Ms. Filson:
Mr. Charles Reynolds has resigned his position on the Ochopee Fire Control District
Advisory Committee. As Mayor of Everglades City, I would like to have Everglades
City Councilman David Loving appointed to fill Mr. Reynolds vacancy.
By this letter serving as my request, that you present thc appointment recommendation to
the Board of County Commissioners for their consideration and approval.
Should you have any questions or require additional information, please contact me or in
my absence, Martha Daniels, City Clerk at 695-3781.
;~ammy I~Iamilton Jr.
Mayor
Mayor City Clerk City Attorneys
Sammy Hamilton, Jr. Marth& Daniels Chris Lombatdo / Tony Pires
Ochopee Fire Control District Advisory Committee
Name
Robert G. Genung
270 Stella Marls Drive, East
Naples, FL 34114
District: 5
Category: Port of the Islands
}Fork Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
01/12/99 12/31/00 2 Years
389-9390
Kern L. Omer, Sr.
'P.O. Box 659
Chokoloskee Island, FL 34138
District: 5
Category: Chokoloskee
Charles R. Reynolds <~ ~a°~~'0
Copeland Avenue
Everglades City, FL 34139
District: 5
Category: Everglades City
01/07/97 12/31/98 2 Years
695-3546 01/12/99 12/31/00 2 Years
10/26/82 12/31/91 2 Years
12/14/99 12/31/01 2 Years
Michael B. Hart
P,O. Box 42
Copeland, FL 34137
District: 5
Category: Lee Cypress (Copeland)
01/05/93 12/31/93 I Year
12/13/99 12/31/01 2 Years
John L. Pennell
32 E. Flamingo Drive
Everglades City, FL 34139
District: 5
Category: Ochopee Area At Large
12/14/99 12/31/0 i 2 Years
Thursday, December 16, I99g "'
~'~ge 1 of 2
Ochopee Fire Control District Advisory Committee
Work Phone Appt'd Exp. Date Term
Name Home Phone DateRe-appt 2ndExpDate 2nd Term
This 5 member committee was created by Ord. No. 75-06 to advise the Board of County
Commissioners on the operations and budget of the Ochopee Fire Control District. Members
must reside within the boundaries of the Ochopee Area Fire Control Special Taxing District, will
be appointed by the City of Everglades City Council. Terms are 2 years. Ochopee Fire Control
District - 695-4114
Amended by Ord. No. 89-98
FL ST,4T: 125.01
Staff: Chief Paul Wilson: 695-41
Page 2 of 2
320'2000
GOLDEN GATE ESTATES AREA CIVIC ASSOCIATION SURVEY REQUEST
SURVEY
1 Are you in favor of a grocery store/shopping center on the 7.5
acre southeast quadrant of GO!den Gate and Wilson Boulevards?
2. Are you only in favor if the retailer meets with your approval?
YES
NO WINN DIXIE ALBERTSON'S WINNS
127 39
68 85
3. Which of the following grocery stores would you consider for
this location?
4. In the event that a grocery store would not be located at this site
would you favor another anchor store such as a hardware store,
drug store, professional offices, etc~
81 65
75
98
What kind of store?
Other comments:
Need mgnal
Publix ~ 951 & Immo~alee ~s enough
3 Put itl a Dark
4 Sooner or later me properly Wilt De Zor]eo comercla
5 Be carefu not to noagepoage
6 Grocery s'[ore would reduce traffic
We don't hke Dnvlng 20 m~Jes to get food
Any I)uslness should have a rural rusttc aDDearaRce
NO strID malls
10 V',/hal about a sheriff slJbstat or
11 7 5 acres too much 5 acres - yes
12 Plaza w eliminate traffic
13 Only a grocery store
14 G's General's prices are too high
15 Help franc DfC Diem - Widen road
16 Put m grocery store & much more (FI is a tounst stale)
~'7, W~demng road won't be enough to handle traffic
18. No Food Lion
19 Slores - hal offices
20 No Bars or Billards
21. Leave platted estates all remdentlal.
22. Survey unfair everyone m estates should vote
23 Keep estates rural nad comr~erc~al free
24 immoKalee Road & Randall area would also be a good location
25 Il ~s not necessary ro be Isolated to De rural
26. Bigger. full-size grocery slore
27~ Small grocery store - another G's General - I' gn pnces
28 Services. Bank Medical. Office- Please
29 Orange Tree area better.
30 Community Center - Dark and p_'ool.
31 No Seven Elevens.
32 No Winn D~xie - s ores go aow~ hill fGolden Gale City)
33. Class acbon suit against F~.ubli~.;- trey only caler 1o the wealthy.
34 Grocery store neeaea.
35. Widen roads b~fore store
36 Slore will reduce lraffic
38 Some plac~ besides Golden Ga(e 'Boulevard
TOTAL SURVEYS RECEIVED 173
OTHER
1 - Kash & Karry
1 - Foodlion
1 - Home Depot
35 1 - Walgreens
77 - Hardware or Drug Store,.
4 - Professional
3- K-Mad .....
General Merchandise
Office Building
2 Post Off~ce
3 Dairy Queen
3 Restaurant
Hair Salon
I Bank
5 Any [ype o~ serwce
4 ~ Walman
"- Fasl Food
' - LiC]UOr
' - Target
r. p,& / ,
GOLDEN GATE ESTATES AREA CMC ASSOCIATION SURVEY REQUEST
Recently we dedicated two meetings to ~he issue of endorsing a grocery store and dwpping center at the comer of Wilson
and Golden Gate Blvd. 'the Apr/l and January meetings resulted in conflicting votes.
Some members of the Associatian raised an objea/on to the January vote an this issue based an what they felt was
insuffident not/ce to the public pr/or to the meeting. The hnunry Newsletter was sent out late on Saturday 1/15 lx~ due to
the holiday ~ Luther K/rig) it was not received by the membership um/l Tuesday 1/18 or Wednesday 1/19 the day of
the meet/rig. On 2/2/00 the majority of the D/rectors authorized this sm'vey to be ma/led ~o all the members of the Golden
Gate Area Estat~ C.;vic Assodafian to better ~ thdr views. Th/s survey was cre~_~t,,d by the Civic Association Board of
Directors b~ the cost of the ma/ling will be paid in full by Centerftmd, the proposed developer. The completed survey/s to
be ma/led direa fi'em you in the enclased pre-addr~ and pre-stamped envelope to Commissioner Tim Cmstanfine. The
results of the survey will be used by the c~mmizsianer to help reach a decision in this matter. Mean~le a I_._,~_ will be
sent to thc Comm/ss/oners outlining (frmn the minutes) our prev/ous votes on _th/~ ~
Your respans~ to thiz survey must be postmarked by March 3, 2000 in order to be considare~ This item is an the agenda
for the Collier County Commi~ioners meeting tentatively scheduled for March 28, 2000. We encourage you to attend and
Jim Col__~:co__ - President
Goidm Gate Area Es~t~s Civic ~iarion
ARE YOU IN FAVOR OF A GROCERY STORE / SHOPPING CEN3T_,R ON THE ?.5-ACRE SOUTHFAST
QUADRANT OF GOLDEN GATE AND ~N BOULEVARDS?
.. YES .NO
2. ARE YOU ONLY IN FAVOR IF THE RETAILER MEETS WITH YOUR APPROVAL?
YES NO
WHICH OF THE FOLLOWING GROCERY STOI~F_~ WOULD YOU CONSIDER FOR ~THI~ LOCATION?,
WINN DIXIE .~ I,RERTSON'S WINNS
OTHER(S):
Note: Publi~ has turned dmvn this location. They will be locating at another site (0951 and Immokalee Road).
IN THE EVFaNT THAT A GROCERY STORE WOULD NOT BE LOCATED AT THIS SITE, WOULD YOU
FAVOR ANOTI~.R ANCHOR STORE SUCH AS A HARDWARE STOR~ DRUG STORE,
PROFESSIONAL OFFICES, ETC. YES NO
WHAT KIND OF STORE
Ifyo~ need more space to write, me the back ofthb sm-vey or another piece of paper.
OBJECTIVE: To appoint 1 member to serve as a member of the Golden Gate Community
Center Advisory Committee, term expiring on December 31,2001.
CONSIDERATIONS: This 5 member committee assists the Board of CounW 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:
A press release was issued and resumes were received from the following interested citizen:
APPLICANT CATEGORY
Kaydee Tuff n/a
COMMITTEE RECOMMENDATION:
FISCAL IMPACT: NONE
DIST ELECTOR
3 yes
Kaydee Tuff
GROWTH MANAGEMENT IMPACT: NONE
ADV. COMM.
none
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appointment and appoint I member to the Golden Gate Community Center
Adviso~ Committee and direct the County Attorney to prepare a resolution confirming the
appointments.
Prepared By: Sue Fils°n, Administrative Assistant
Board of County Commissioners
Agenda Date: MARCH 28, 2000
filson_s
From: larson k
Sent: Tuesday, March 14, :;000 10:12 AM
To: filson s
Subject: GGC~ Advisory Board
Sue,
Last night, the Golden Gate Community Center Advisory Board voted to recommend Kaydee Tuff for the open
spot on the board, Will you please forward her application to the BCC, Please let me know if you need any more
information,
Thank you,
Keith
Page 1
Golden Gate Community Center Advisory Committee
Ernie Bret. zmann
2284 50th Terrace, S.W.
Naples, FL 34116
District: 3
Category:
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndEa~Date 2nd Term
01/20/98" 12/31/99 2 Years
455-3496
Cheryle L. Newman
5101 31st Avenue, S.W.
Naples, FL 34116
District: 3
Category:
12/03/96 12/31/98 2 Years
353-7969 01/26/99 12/31/01 2 Years
Glenn E. Wilt
5019 31st Avenue, S.W.
Naples, FL 34116
District: 3
Category:
353-6844
01/26/99 12/31/01 2 Years
Tom Henning
2151 42nd Terrace, S.W.
NaPles, FL 34116
District: 3
Category:
01/07/97 12/31/98 2 Years
455-9448 01/26/99 12/31/01 2 Years
Vicki A, Clavelo
3610 21st Avenue, S.W.
Naples, FL 34117
District: 3
Category:
06/08/99 12/31/99 6 months
455-1475 12/14/99 12/31/01 2 Years
Th , December 16, 1999
Page I of 2
Golden Gate Community Center Advisory Committee
Vdork Phone Appt'd Exp. Date Term
Name Home Phone DateRe-appt 2ndExpDate 2nd Term
This 5 member committee was created by Ord. No. 75-.4 to advise the Board of County
Commissioners on the budget and operation of the Golden Gate Community Center. Members
must reside within the boundaries of the Golden Gate Community Center Municipal Services
Special Taxing District. Terms are 2 years.
FL STAT: 125.01
Staff: Maria Ramsey: 353-0404
December 16, ~199~
DATE:
TO:
FROM:
March 13, 2000
Vinell Hills, Elections Office
MEMORANDUM
RECEIVED
~o~r~ Of COUnty
Sue Filson, Administrative AssistS2- f/'
Board of County Commissioners
RE: Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for
appointment io one of the county's advisory committees. Please let me know if those listed
below are registered voters in Collier County,
Also, please list the commission district in which each applicant resides.
GG COMMUNITY CENTER ADV COMM
Kaydee Tuff
2642 44'h Terrace S.W. ~
Naples, FL 34116
COMMISSION DISTRICT
Thank you for your help.
MEMORANDUM
DATE:
TO:
FROM:
March 13, 2000
Marla Ramsey, Parks and Recreation DirecXor ,,
Sue Filson, Administrative Assist~t~~.~
Board of County Commissioners~ '~ /
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: -
Kaydee Tuff
2642 44th Terrace S.W.
Naples, FL 34116
Please let me know, in writing, the recommendation for appointment of the advisory committee
within the 41 day time-frame, and I will prepare an executive summary for the Board's
consideration. Please 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
Sue Filson
Bom'd of County Commissioners
~ne~
I would like to submit my name for consideration for a position on the Golden
Gate Community Center Advisory Board.
.Atuiched is my very brief resume. I haven~,t had a fornufl resume written up in
m~y years. Please let me icnow if you need more information from me.
gaiydee Tuff
2301 CR 951 Unit C
Naples, FL 34116
Phone: 94t-353-0~,~~,
Fax: 941-353-9040
Email: Anewp@AOLcom
Kaydee Tuff
2642 44th Terr. SW
Golden Gate, FL 34116
Schooling:
Bachelors degree in education from Jamestown College, jamestown, ND.
~Iob experience:
1982-85: jamestown Public Schools - kindergarten teacher
1985 - present: Tuff Publications, Inc. - reporter, editor, owner
Community. service:
1994: Golden Gate Civic Association President
-1998-2000: Golden Gate Woman,s Club President
1994-present: Golden Gate Presidents Council
1994-present: Cub Scout Pack 505 - den leader, committee member
1996-present: Committee chairman Golden Gate Civic L~monade Stand
1994-present: member Golden Gate Civic Association
1998-present: member Golden Gate ~tates Civic Association
1991-present: member Golden Gate Ar~a Chamber of Commerce
Personal: Golden Gate resident since 1989. Married to Russell Tuff. Two
children, Riley, a 7th grader at Golden Gate Middle School, and Allyn, a 4th
grader at Golden Terrace Elementary.
Contact: Home - 353-1687
Work - 353-0d.~?., Fax 353-9040
EXEC[ ~I71 'E S[,~II3LqR Y
TO JOLYTLI' PRESENT THE CERTIbTCATE OF ACHIEI'EMENT FOR EXCELLE.YCE IX
FL'~N.YC1AL REPORTI. YG A,'VD THE DISTINGLTStlED BUDGET PRESE.'VI;4TIO.\'.4II~4RD TO
THE BOARD OF COUNTY C03131ISSIO.'VERS.
OBJECTII ~: To jointly present the Certificate of Achievement f`or Excellence in Financial Reporting
and the Distinguished Budget Presentation Award to the Board of Courlty Commissioners.
CO. YSIDERA TIO'~T: The Clerk of'tine Circuit Court serx'inj in thc capacity as Ex-Officio Clerk to the
Board of ('ounty Commissioners is responsible for. coordination of the annual independent audit along
xxith the production ofttne comprehensive annual financial report (CAFR).
In this role. the Clerk participates in the Government Finance Officers Association {GFOA) Certificate of
Ach/evcn~ent for Excellence in Financial Reporting Progn-am.. Established by d~e OFOA-in 1945. this
program enco:H'age~ gox emmems to publish a readable CAFR covering all transactions of' the
goverm~ent during thc fiscal year, Tine GFOA, along with d~e Clerk of lhe Circuit Court. believes tha~
gox'emnqcnts have a responsibility to provide the public with a lhir presentation of the.ir financial af`fairs.
The comprchensix'e annual financial reports prepared by Collier County go beyond thc requirements of
generally accepted accounting principles by providing financial statement users a w/de varieD' of
inRmnation with x~hicb to evaluate the County's financial condition, This year marks the thirteenth
consecudx'e year that Collier County has received the GFOA ce~ificatc.
The Off]ce of Management and Budget is responsible for the preparation of the annual budget submission
Io the GFO,\. The annual budget is a public policy process that results in a fiscal plan for the allocation
of`resources in tlnc accomplishment of specific progTams. The tbrmulation of' the budget considers cHizen
cor~celTlS, economic conditions and the policies of elected oI'fic/als. The GFOA's coveted Distinguished
Budget Presenlatio~q Award Program, established in 1984, recognizes exemplaD' budget documentation
by governments. Collier Count~' has received the Distinguished Budget Axvard for the previous ten years.
Collier Counb' has received the combination of these prestigious awards tbr ten consecutive years, and it
is with great pride that we present to the Board the combined awards for the eleventh consecutive year.
GROH 'TH MANA GE3IENT LIlPA CT: None.
FISC4L IMP.4 CT: None.
RECOMMENDATIO.¥: That the Board of County Commissioners accept both the GFOA Certificate of
Achievement for Excellence in Financial Reporting and the Distinguislned Budget Presentation Award. as
presented.
Prepared Bx":
OJames L. Mitchell, CIA, CFE, CBA
Director of Finance and Accounting
Reviewed By:
Reviewed By:
Michael Smykowski
(~'~e~Man/~ment and Budget Director
Date:
Date:
AGENDA ITEM
MAR 2 $ DOD
Pg._ /
EXECUTII 'E SUM3L4R Y
TO PRESE.\'T TO THE BOARD OF CO[WTY COM311SSIONERS TIlE
COMPREHENSIFE ANN/_:4L FLX:4NCIAL REPORT FOR THE FISCAL }'EAR ENDED
SEPTE3IBER 30, 1999.
OBJECITI'E: To present to the Board of County Commissioners thc comprehensive ammal
financial report for the fiscal year ended September 30, 1999.
COXSIDERATIONS: The Clerk of the Circuit Court, sen'ing in the capacity of Ex-Officio Clerk
to the Board of County Cornmissioners, is responsible for the coordination of the annual
il~dependent audit along with the production of the comprehensive annual financial report.
In this role, the Clerk is pleased to present to the Board the comprehensive annual financial
report £or tlqe fiscal year ended September 30. 1999. The comprehensive annttal financial report
(CAFR) represents a significant investment o£ eflbrt by bofl'~ the Finance and Accounting
Department 'and County staff. We would like to express our sincere appreciation to KPMG LLP.
thc Board. the other Constitutional Officers. the County Administrator, the Division
Administrators and the Depamment Directors, not only for their assistance xx'ith the CAFR. but
lbr their cooperation throughout the year in matters pertaining 'to the financial affairs o£ Collier
County.
GRO II'Ttt :I1.4~\M GEMENT LIlPA CT: None.
F1SC4L LIIP.4CT: No.ne.
RECO3L~IENDATION: That the Collier County Board of County Commissioners accept the
compreh.ensive annual financial report for the period ended September 30, 1999.
Prepared By:. "J.,,_:=_, ~...~ Date:
yames L. Mitchell, CIA. CFE, CBA
Director of Finance and Accounting
Clerk(.~rthe Circuit Court
AGENDA ITEM
No,__ ,'//] c~.)
MAR 200*?
pg._._/_
EXECUTII,'E SUMMARY
THE DEPAR TME.'VT OF FINANCE AND A CCOI, SYTI:'VG SEEKS
A ITHORIZ4TION FROM THE BOARD OF COI~.5~,'TY COMMISSIONERS TO
FILE THE' STATE OF FLORIDA/1,~SYI_,5,-tL LOC,IL GOI'ER,,MIIENT FINANCIAL
REPORT FOR THE FISCAL YEAR 1998-1999 AS REQUIRED BY FLORIDA
STATUTE 218. 32.
OBJEUTII'E.' To receive approval, including the execution of the Certification by tho
Chairman of' the Board of County Commissioners, to file the State of Florida Armual
Local Goventment Financial Report for the fiscal year 1998-1999 as required by Flor/da
Statute 218.32.
CO:'~TIDER~4TIOA'S-: ,As pmq. of tile ammal audit, the Department of Finance and
Accounting is responsible for completing and filing certain statutorily mandated reports.
Included in'these reports is the Department o£ Banking and Finance State of Florida
Annual Local Government Financial Report.-'Th~s-report documents the revenues and
expenditures for a given fiscal cycle in accordance with the State of Florida Uniform
Accounting System. The report has been reviewed by KPMG LLP and found to be in
agreement with the fiscal 3'ear 1998-1999 comprehensive amlual financial report
presented to tile Board on the previous agenda item.
GRO II 'TH MA:~,.TI GEME3,rT L'qPA CT: None.
FISCqL L~,IPA CT: None.
RECO3LllENDATION: That the Board of County Commissioners authorize tile
Department of Finance and Accounting to file the aforementioned report, in executed
fonn, v,'ith the Department of Bm~ing and Finance.
/
/' / ,
Prepared By: '/ /r/C~ Date:
Derek M. Jolinssen, CPA
, ~ General Accounting Manager
Reviewed By: <~ ~, ~
Ja~es L. Mitchell, CiA, CFE, CBA
Director of Finance and Accounting
Date:
iTEM
0
~jl~ '~8 '3
__~V A~unaO
.. ~~s lo~al'~ ~d~l~,
AGENDA ITEM
DEPENDENT DISTRICT REPORTiNG - Part 1
The special districts listed below are identified by the Department of Community Affairs as dependent on your county.
Please indicate whether these districts have been included as component units in your report and the presentation according
to the Governmental Accounting standards Board, Statement 14, The Reporling Entity.
"Independently Reported" should include only dependent districts that are not component units of your reporting entity..
'~q'o Report Submitted" should include any dependent districts that are component units and should have been included with
your reporting enti~' but did not, or did not within a reasonable time, provide financial information necessary to comply
with Section 218.32(1), F.S.
100011 Dependent Districts of Collier County
300538 Collier County .43rport Authority
300539 Collier County Health Facilities Authority
300540 Collier Count5' Housing Finance Authority
300541 Collier Count).' Induslrial Development Auth
300542 Collier County Wale~-Sewer Dislrict
300543 Marco Water a~d Se~'er District
Goodland Water District
Collier County Educational
Facilities Authority
Blended in Independently Discretely Zero Revenues
Primary Reported Reported Expenditures
Report
X
X
[ X
No Report
Submitted
* Considered a Discretely Presented Component Unit. The Authority
has no assets, liabilities or equity and has not generated any
revenues or incurred any expenditures. Therefore, no financial
positions or results of operations are reported in the accompanying
financial statements.
Tuesday. November 30, 1999
i
DEPENDENT DISTRICT REPORTING - Part 2
Use this part to report the total revenues and expenditures of each local governmental entit3 that is a component unit included in
the annual finacial report of the reporting entity', either blended or discretely presented
Dependent Districts of Collier County Total Revenues
300538 Collier County ALrport Authority 1 , 21 6, I 54 2, I 76, 2_1 2
300539 Collier Count3' HealLh Facilities Authority N / A N / A
300540 Collier County Housing Finance Authority
300541 Collier County Indumrial Development Auth
300542 Collier Count3. Water-Sewer District
300543 Marco Water and Sewer District
Total Expenditures
78,320 28,503
49,294 52,309
47,949,281 ___ 36:43R~A3fi
687,082 703~517
Goodland Water District 356,839 365,508
Collier County Educational
Facilities Authority
8,000 7,086
* Considered a Discretely Presented Component Unit. The Authority
has no assets, liabilities or equity and has not generated any
revenues or incurred any expenditures. Therefore, no financial
positions or results of operations are reported in the accompanying
financial statements.
AGENDA ITEM
No. /,'
MAR,
Tuesday', November 30, 1999
DEPENDENT DISTRICT REPORTING - AUDIT COMPLIANCE
The special district(s) lis'ted below are identified by the Departmen! of Community Affairs as dependent on your count3.' With
reference to Section 218.34 (.2), Florida Statutes, please indietate whether the proposed budget of the dependent district has been
contained and identified within your general budget or budgeted separately ·
100011 Dependent Districts of Collier County
300538 Collier Counts' Airport Author~y X
300539 Collier Count~' Health Facilities Authority
300540 Collier Counts' Housing Finance Authority
300541 Collier Count5' lncbx~trial Developmenl Auth
300542 Collier Counts'Water-Sewer District X
300543 Marco Water and Sewer District X
Goodland Water
Collier County
Facilit'ies
District
Educational
Authority
Manner in Which Budgeted
Contained and identified within
general budget of governing body
Budgeted Separately'
N/A
X
* Considered a Discretely Presented Component Unit. The Authority
has no assets, liabilities or equity and has not generated any
revenues or incurred any expenditures. Therefore, no financial
positions or results of operations are reported in the accompanying
financial statements.
I hereby ceftin' that those dependent districts which are budgeted separately, have complied with the legally mandated audit
requirements purSuant to Section 11 45 (3) (a) 4, Florida Statutes for the fiscal year ended 1999.
,~2'~' ~ ,arch
Signature Date [ AGENDA ITEM
Director of Finance and Accountiug
Tuesday, Nov~'mber 30, 1999
i AGENDJ iTEM 1
jr-
..... ooo~o .... $ .............. 8~o ...... g8 .....
AGEND,: ITEM
AGEND ~, tTEf~
EXECUTIVE SUMMARY
CONT)UCT A PUBLIC HEARING TO RECEIVE COMMENTS CONCERNING A
COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION; AND APPROVE A
RESOLUTION AUTHORIZING THE COUqqTY MANAGER OR HIS DESIGNEE TO APPLY
FOR A $350,000 ECONOMIC DEVELOPMENT GRANT OFFERED THROUGH THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS.
OBJECTIVE: Conduct a Public Hearing, as required by the regulations of the Florida
Department of Community Affairs (DCA), prior to submission of an application for Comrnunity
Development Block Grants under the Economic Development category. And, adopt a resolution
authorizing the Collier County Manager, or his designee, to submit an application for a
Community Development Block Grant, and authorizing him to sign the application and other
documents on behalf of the County.
CONSIDERATION: On an annual basis, DCA offers Florida communities the opportunity to
submit applications to receive funds in the fomq of an Economic Dex elopment Grant. In the
2000 Funding Cycle, approximately 160 Florida small cities and counties will be competing for
SI0,000,000 in available funds. Awarded on a competitive basis, this grant will provide up to
$350,000 to Collier County for the purpose of creating jobs for County residents. One (1) job
must be created for every $35,000 awarded. Therefore, no less than 10 new jobs must be created.
with no less than 51%, or 6 jobs, available to lox,,' or moderate income County residents. The
application is being submitted on behalf of the Harvest for Humanity Planned Unil Development
in Immokalee to help pay for infrastructure and road construction.
FISCAL IMPACT: There is no fiscal impact to the County with this grant as a local match is
not required as part of the grant contract.
GROWTH MANAGEMENT IMPACT: The Collier County Comprehensive Plan does not
include an Economic Element. However. the Board of County Commissioners has identified
economic diversity as a Strategic Goal, which ',',,ill serve to strengthen the economic viability of
Collier County.
RECOMMENDATION: After hearing public comment on the proposed grant application,
authorize the County Manager, or his designee, to submit an application to the Florida
Department of Community Affairs for a $350,000 Economic Development Grant; and authorize
him to sign the application and other documents on behalf of the County.
SUBMITTED BY: , _ ,.~. · ...... .;.~ -' Date: -
Helene Caseltine, Economic
Development Manager, HUI
REVIEWED BY:
Greg M. ihali'e, Director
/,I.I.~.o. us2ng and Urban Improvement
APPROVED BY: /'"~'~
Vincent A. Cautero, AICP, Administrator
Community Development & Environmental Services
Date:
Date..~ .- :d._ .~
)V)AR ~ 8 2000~
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
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22
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24
25
26
RESOLUTION NO. 2000-
A RESOLUTION BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO
AUTHORIZE SUBMISSION OF AN APPLICATION TO THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR A
COMMUNITY DEVELOPMENT BLOCK GRANT UNDER
THE ECONOMIC DEVELOPMENT CATEGORY TO ASSIST
WITH SANITARY SEWER, WATER, AND STREET AND
TURzN LANE CONSTRUCTION FOR THE IMMOKALEE
HARVEST FOR HUMANITY PLANNED UNIT
DEVELOPMENT.
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 low-and moderate-income persons, aid in the
prevention or elimination of slums or blight, or meet other community development needs
having a particular urgency because existing conditions pose a serious and immediate threat to
the health or welfare of the community and where other financial resources are not available to
meet such needs; and
WHEREAS, a city or county may apply once each cycle for a Community
Development Block Grant for Economic Development based on the number of jobs created and
the amount of private capital leveraged; and
WHEREAS, applications for this grant will be graded and ranked for funding by the
Florida Department of Community affairs; and
2000
1 WHEREAS, the Florida State Legislature and the Federal Government, in Funding
2 Cycle for the year 2000, have made available the amount of $10,000,000 for which over 160
3 cities and counties in the state of Florida will compete; and
4 WHEREAS, to be competitive, applications for these funds must be filed with or
5 mailed to the Department of Community Affairs to reach their office on or before 5:00 p.m.
6 March 31, 2000.
7 WHEREAS, the regulations of the Florida Department of Community Affairs and
8 the Federal Government require that two (2) Hearings, that are open to the public, be advertised
9 and held prior to submitting the application; and
10 WHEREAS, the County advertised for the first hearing on December 20, 1999, and
11 it was held in the office of the Collier County Department Housing and Urban Improvement,
12 located at 3050 North Horseshoe Drive, Suite 145, Naples, Florida on January 4, 2000. A
13 second hearing was advertised on March 17, 2000, and held in conjunction with the Collier
14 County Board of County Commissioners bi-weekly meeting in the 3Ta Floor Board Room of
15 Building "F", located at 3301 East Tamiami Trail, Naples, Florida on March 28, 2000; and
16 WHEREAS, the area to be known as Harvest for Humanity as described in Exhibit A
17 attached, is in the preliminary stages of constructing a Planned Unit Development based on the
18 Traditional Neighborhood Development on the northeast comer of Lake Trafford and Carson
19 Roads in Immokalee to assist Low to Moderate Income (LMI) residents by helping to create new
~,¢ 2 8 2000
1 jobs for LMI households. As part of this project, they have requested that the water and sewer
2 infrastructure, roadways and underground electrical improvements be provided using grant
3 funding for a portion of the project,
4 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
5 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
6 The Collier County Board of County Commissioners hereby directs the Collier
7 County Department of Housing and Urban Improvement to prepare, or cause to be prepared, an
8 application to the Florida Department of Community Affairs for a Economic Development grant
9 of up to $350,000. The funds from this grant are to be used to provide sanitary sewer lines,
10 water lines, manholes, underground electrical lines, and road and turn lane construction in
11 connection to the Harvest for Humanity project.
12 The Board of County Commissioners hereby authorizes the County Administrator to
13 sign the application and other documents pertaining to the application, to accept the grant funds
14 on behalf of the county, and to act on behalf of the Board of County Commissioners to sign all
15 documents, including the quarterly reports, necessary for grant administration if the County
16 receives the grant award.
17 BE IT FURTHER RESOLVED that this Resolution be recorded by the Official
18 Clerk of Courts in the Public Records of Collier County, Florida.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
This Resolution adopted after motion, second and majority vote favoring same.
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
TIMOTHY J. CONSTANTINE, CHAIRMAN
Approved as to form and
legal sufficiency:
Ro~'~j~. Z4/ch ary
Assistant County Attorney
2000
1
2
3
4
5
6
7
8
9
Exhibit "A"
The Harvest for Humanity Planned Unit Development is a proposed 26 acre housing community
located in Section 32, Township 46, Range 29, on the northeast quadrant of Lake Trafford and
Carson Roads.
(See Attached Maps)
5
Exhibit
T
Exhibit ^-3
AGENDA I1T_M
MAR 2 8 2000
II
JUBILATION
SITE DEVELOPMENT PLAN
AI~I Engineering & Surveying, Inc.
EXECUTIVE SUMMARY
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 95-66, THE COLLIER
COUNTY VEHICLE FOR HIRE ORDINANCE - (SUBSECTION 14235(B) OF THE
COUNTY'S CODE OF LAWS AND ORDINANCES) - TO AUTHORIZE A TEMPORARY
EMERGENCY INCREASE IN TAXICAB RATES DUE TO THE EXTRAORDINARY
INCREASE IN MOTOR VEHICLE FUEL COSTS; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND
ORDINANCES; PROVIDING SPECIAL EFFECTIVE DATE.
OBJECTIVE: The Board to consider the adoption of' an emergency ordinance amending
Ordinance No. 95-66, the Collier County Vehicle for Hire Ordinance, to authorize a temporary
emergency increase in taxicab rates due to the extraordinary increase in motor vehicle fuel costs.
CONSIDERATIONS: The Collier County Vehicle for Hire Ordinance (No. 95-66) (subsection
142.35(b) of the Collier County Code of Laws and Ordinances) specifies the following allowed
maximum rates for taxicab service in Collier County: $1.75 for the first 1/10th mile plus 30 cents
for each additional one fifth mile thereafter (the same being $1.50 for each additional mile).
There have recently been extraordinary and unanticipated increases in the costs of gasoline
and diesel fuel to operate motor vehicles, which cost increases cannot be avoided by taxicab
companies or taxicab drivers in Collier County. The current maximum taxicab rates in the
County's Vehicle for Hire Ordinance were established based upon assumptions that the costs of
motor vehicle fuel would not increase as fast as they have recently increased.
Taking into account waiting in traffic and at traffic control devices, taxicabs average
approximately twelve (12) miles per gallon of motor fuel. On average at least one half of the time
a taxicab is on the road "on duty for business" is spent driving with no passenger in the taxicab.
Although there has been insufficient time to conduct a thorough analysis of the precise
amount of rate increase that may be justified by the recent unexpected and dramatic increases in
the costs of motor vehicle fuel, taxicab companies and taxi drivers dearly need immediate rate
relief to be authorized to recover at least part of the recent increases in costs of motor vehicle
fuels.
The Board of County Commissioners at its regularly scheduled public meeting of March
14, 2000, discussed the need to amend this ordinance, as described above, and directed that the
matter of consideration of enactment of an emergency ordinance amendment occur at its March
28, 2000 meeting.
AGE_NDA~ -~'
NAR 2 8 2000
The adoption of an emergency ordinance requires a Board "finding" that an emergency
exists, requiring a 4/5ths vote of the Board. After such finding is made, a mere majority vote is
necessary to adopt such ordinance.
FISCAL IMPACT: None to County government. Adoption of an ordinance amendment
relaxing the rate limitations for vehicle for hire (taxicabs) increases the costs for services to the
users and increases the revenues to the service providers.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board consider the adoption of an ordinance amending
Ordinance No. 95-66, the Collier County Vehicle for Hire Ordinance, authorizing a temporary
emergency increase in taxicab rates due to the extraordinary increase in motor vehicle fuel costs.
Respectfully submitted by:
David C. Weigel, Count~Attorney
H:ddaYexecutive summaries/2000/vehicle for hire ordinance amendment
MAR 2 8 2000
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ORDINANCE NO. 2000 -
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 95-06,
TIlE COLLIER COUNTY VEIIICLE FOIl ItlRE ORJ01NANCE
(SUBSECTION 142.35{b) OF TIlE COUNTY'S CODE OF LAVa'S AND
ORDINANCES) - TO AUTttORIZE A TEMPORARY EMERGENCY
INCREASE IN '1`AXICAB RATES DUE TO 'FILE EXTIL~ORDINARY
INCREASE IN 510'I'O1/ VEIIICLE FUEL COSTS; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION
INTO TItE CODE OF LAWS AND ORDINANCES; PROVIDING
SPECIAL EFFECTIVE DATE.
V~'ItEREAS, the Collier County Vehicle for ltire Ordinance (No. 95-66), (subsection
142.35~,b~ of the Collier County Code of Laws and Ordinances) specifies tile following allox~ cd
maximum rates for taxicab service in Collier County: 51.75 For the first I 10''' mile plus 30 cents
1bt each additional one fifth mile thereafter (,the same being $1.50 for each additional mile); and
'~k'IIEREAS. there hax. e rcceutly been extraordinary and unanticipated increases in thc
costs of gasoline and diesel fuel to operate motor vehicles, which cost increases cannot be
avoided b> taxicab companies or laxicab dri,. ers ill Collier Count,v; and
'~VIIEREAS, tile current maximum taxicab rates in the County's Vehicle lbr ltirc
Ordinance were sel based upon assumptions that thc costs of motor vehicle fucl would not
increase as fast as they bare recently increased; and
V~'IlEII~F~AS, taking into account waiting m traffic and al traffic control devices, taxicabs
ax c'ragc approximately twelve (l 2) miles per gallon of motor It~el; and
~,VIIEREAS, on average at least one half of the time a taxicab is on the road "on duty lbr
business" is spent driving with no passenger in Ibc taxicab; and
'~VItEREAS. although there has been insu£ficicnt time to conduct a thorough analysis of
the precise amount of rate increase that n]ay be justified by Ihc ,'ecent unexpected and dramatic
increases in thc costs or motor vehicle fuel, taxicab coral)antes and taxi drivers clearly need
immediate e,ncrgency rate relief to be authorized to recover at least part of the recent increases in
costs of motor vehicle fuels.
NOXV, TIIEREFORE. BE IT RESOLVED BY Tile BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, ELORIDA. that:
SECTION ONE: AMENDMENT TO COLLIEI1 COUNTY ORDINANCE No. 95-66.
Collier County Ordillance No. 95-66 (subsection 142-35 (b) of tile Collier County Code of Laws
and O.'dinances) is hereby amended to read ;is follows:
46 "Sec. 142.35. Schedule of taxicab rates and charges.
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lb) The following is ibc schedule of nlaximum rates for taxicabs operating in the County:
{,1 )For tile first one-tentl't mile or fraction thereof .................................. $1.75
(2) For each additional tv,'o-tenths n-tile or fraction thereof .................... 0.30
13) Temp9rab' fuel cost add-on for thc first onc-lcnth milc or fraction 2.00
This optional temporary fuel cost add-on rate increase shall continue until it is amended or
repealed by resolutign 9f the Public Vehicle Board {Board of County Commissioners} after
public hearing. NO tcmporao' fuel cost add-on shall be charged unless there is then cica
Words ~ndgriinq',;J are added; \\lords struck :brough arc deleted
2000
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displayed in the taxicab (on thc passenger side rear door or qn thc sxindox~ (~1' tlm[ dour) a
('q. tmty-~uppliqd xx ritlcn "Notice to Passengers" of the temporary fucl cost add-on. "Notice to
Pas~cngqrs" ~halt be printcd in English and in Spanish by Collier County Code EHI(31'CClllClll allql
upon requesl for ~ame shall be supplied flee of charge to each taxicab drixcr then authorized to
conduct taxicab business m Collier County. The Public Vehicle Board rcscrvcs all poxvcrs and
att~o' [y to fi'on] timc-to-tiIllg, as deemed neccssat3', a~thorizc othqr emergency rate relief
measures by adoption oF rcs~lution~$} aFlcr pubic hearing thereon and xxilhout l~H'thcr
amendments tO this Ordinance."
SECTION T~YO: CONFLICT AND SEVERABILITY.
In thc event that this Ordinance conflicts with any other ordinance of Collier Coum5 or other
applicable law, thc more restrictive shall apply. 1F any phrase or pomon of this Ordinance is held
invalid or unconstitutional by any court ofcompetenl jurisdiction, such pmlion shall be deemed a
separate, distinct and independent provision and such holding shall nol affect thc validity of thc
remaining portions.
8[CTIOh TIII~[: I~CLUSIOh 1~ TIll COD[ OF LA~YS AND OI~)INANCES.
Collier County Ordinance No. 95-66 as amended by this Ordinance, (subscctioH 142.35(b) o1'
Collier County Code of Laws and Ordinances) shall be made a part of thc Code of Laxvs and
Ordinances of Collier County, Florida. Thc sections of thc Ordinance may bc rcnumbc~cd or
rclcttcred to accomplish such, and the word "O~dinancc' may be changed to "Section," "Article."
or an) other approp~mte word.
SECTION FOUR: EFFECTIVE DATE; St'ECIAL.
In accord with subsection 125.6o(,3), trIoridr~ .Slatutcs, this Ordinance shall become effective
immediately upon acceptance of thc oFiginal or a true COl)5 hereoF by lhe postal authorities of the
o£ C, ovcrnment o£ the Llnited Stalcs for special delivcFy by certified mail lo Florida's Deparlmcnt
of State.
PASSED AND DULY ADOPTED on an emergency basis by the Board of County
Commissiol'~crs of Collier County, Florida, this __ day of ,2UUU.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLL1ER COUNTY, FLORIDA
By: By:
Depuly Clerk
TIMOTHY J. CONSTANTINE, Chairman
Approved as to form and
legal sufficiency: .
Assistant County Attorney
l I/top amending tP\AC Fuel rate) t3-20-00)
Words ~ndcHmcd arc added; x,~)rds struck :hre'.:'gh arc deleted
EXECUTIVE SUMMARY
V-99-28, RICHARD AND LESLIE LILIEN REQUESTING A 5.5 FOOT VARIANCE
FROM THE REQUIRED 7.5 FOOT SIDE YARD SETBACK TO 2 FEET FOR
PROPERTY LOCATED AT 10262 VANDERBILT DRIVE, FURTHER DESCRIBED AS
LOT 26, BLOCK 40, NAPLES PARK UNIT 6, IN SECTION 28, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
OBJECTIVE:
The petitioner requests a 5.5-foot variance from the required 7.5-foot side yard setback
for an accessory structure to 2 feet, to allow for construction of a pool and screen
enclosure.
CONSIDERATIONS:
The petitioners wish to add a deck and screen enclosure, which would encroach into the
side yard, to a single-family home under construction. A pool and screen enclosure fit
within the required setbacks, but the petitioners claim that large trees on the property to
the south will put most of the pool and deck in the shade for a good portion of the day.
Therefore they request a variance to construct a screened deck area that will be sunny
for most of the day.
The petitioner has submitted a letter of no objection from the adjacent property owner
who would be most affected by the encroachment.
FISCAL IMPACT:
Since the subject property is a platted lot with infrastructure to support a single family
home, approval of this petition would have no additional fiscal impact on the County.
GROWTH MANAGEMENT IMPACT:
Since the use of the lot is single family residential and within the parameters of the
Density Rating System, the use of the property proposed for the variance is consistent
with the Future Land Use Element of the Collier County Growth Management Plan.
HAP, 2 8 200O
Pg. I
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioners' property is not 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 not required.
PLANNING SERVICES STAFF RECOMMENDATION:
The construction of a sun deck is limited to this portion of the yard, due to shade trees
on an adjacent property, and the property owner most affected by the proposed
encroachment has no objection to the encroachment. However, because there is no
land-related hardship, staff was constrained from recommending approval. Therefore,
Planning Services staff recommended that the CCPC forward Petition V-99-28 to the
BZA with a recommendation for denial.
EAC RECOMMENDATION:
The Environmental Advisory Council did not hear this petition.
PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission heard this petition at it's March 2, 2000
meeting. A motion to forward the petition to the BZA was made and seconded. It failed
by a vote of 2 to 6. The Commissioners voting in the majority stated that this was not
sufficient reason for the granting of a variance. Therefore, the petition is being
forwarded to the BZA without a recommendation for approval.
2
20O0
,:,.2..
PREPARED BY:
FRED REISCHL, SENIOR PLANNER
CURRENT PLANNING
DATE
REVIEWED BY:
RdNALD F."~I~I'O, AICP
CURRENT PLANNING MANAGER
DATE
ROBERT J. MULHERE, AICP
PLANNING SERVICES DIRECTOR
DATE
APPROVED BY:
VINCENT A. CAUTERO, AICP DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR
executive summaryN-99-28
MEMORANDUM
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM:
PLANNING SERVICES DEPARTMENT
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DATE:
JANUARY 26, 2000
SUBJECT:
PETITION V-99-28
AGENT/APPLICANT:
OWNER:
Richard & Leslie Lilien
554 94th Avenue North
Naples, FL 34108
REQUESTED ACTION:
The petitioner requests a 5.5-foot variance from the required 7.5-foot side yard setback
for an accessory structure to 2 feet, to allow for construction of a pool and screen
enclosure.
GEOGRAPHIC LOCATION:
The subject property is located at 10262 Vanderbilt Drive, within the
subdivision.
Naples Park
~j
2O00
PURPOSE/DESCRIPTION OF PROJECT:
The petitioners wish to add a deck and screen enclosure, which would encroach into the
side yard, to a single-family home under construction. A pool and screen enclosure fit
within the required setbacks, but the petitioners claim that large trees on the property to
the south will put most of the pool and deck in the shade for a good portion of the day.
Therefore they request a variance to construct a screened deck area that will be sunny
for most of the day.
The petitioner has submitted a letter of no objection from the adjacent property owner
who would be most affected by the encroachment. The side yard of the subject property
(the location of the proposed encroachment) abuts the rear yard of the neighbor's
property.
SURROUNDING LAND USE AND ZONING:
Subject: Single family home under construction; zoned
RMF-6
Surrounding:
North -
East -
South -
West -
Single family home; zoned RMF-6
Single family home; zoned RMF-6
Single family home; zoned RMF-6
Vanderbilt Drive ROW
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staff's analysis indicates that the petitioner's property is not 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 not required.
EVALUATION FOR IMPACTS TO TRANSPORTATION, INFRASTRUCTURE AND
ENVIRONMENT:
Approval of this variance request will have no effect on infrastructure, transportation or
the environment.
ANALYSIS:
Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning
Appeals to grant variances. The Planning Commission is advisory to the BZA and
utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general
guidelines to be used to assist the Commission in making a determination. Responses
to the items in Section 2.7.5.6 are as follows:
AC, ENOA ITFJ~
/
, 4AR 28 2008
Are there special conditions and circumstances existing, which are peculiar
to the location, size and characteristics of the land, structure or building
involved?
Yes. Large trees on the property to the south shade much of the area available
for the pool and deck area. The petitioners request for a variance is to enable
them to construct a screened sun deck within the required side yard.
bo
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?
No. The petitioner wishes to construct a sun deck and screened enclosure as an
addition to the house. Although the petitioner did not plant the existing shade
trees in their present location, it is the action of the petitioner (the desire for a sun
deck) that is the subject of the variance request.
Co
Will a literal interpretation of the provisions of this Land Development Code
work unnecessary and undue hardship on the applicant?
No. A single-family house is under construction on the property.
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?
No. A reasonable use of the land currently exists. However, the requested
variance will be the minimum required to construct a sun deck and screened
enclosure of the size desired by the petitioner.
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?
Yes, this variance will allow the petitioner to have a smaller side yard than would
be permitted for a similar lot in the RMF-6 district.
fo
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?
AC~NDA
2 8 200(I
No. The granting of this variance will reduce the amount of the required yard and
required open space, which will not be in harmony with the general intent and
purpose of the LDC. However, approval of this request will not be detrimental to
the public welfare, since the property owner most affected by the encroachment
does not object.
go
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.?
No. The screened enclosure will be 2 feet from the property line (abutting the rear
yard of a property owner who does not object to the encroachment),
Will granting the variance be consistent with the Growth Management Plan?
Approval of this variance will not affect or change the requirements of the Growth
Management Plan.
STAFF RECOMMENDATION:
The construction of a sun deck is limited to this portion of the yard, due to shade trees
on an adjacent property, and the property owner most affected by the proposed
encroachment has no objection to the encroachment. However, because there is no
land-related hardship, staff is constrained from recommending approval. Therefore,
Planning Services staff recommends that the CCPC forward Petition V-99-28 to the BZA
with a recommendation for denial.
ITE.
MAR 2 8 200(]
FREB~'RE~CHL, SENIOR PL~NNE-R
CURRENT PLANNING
REVI~ED BY:
RON~ALD F. I',,,,"~O,'AI'"C~
CURRENT PLANNING MANAGER
DATE
DATE
O . MULHERE. AICP
PLANNING SERVICES DIRECTOR
DATE
APPROV~.D BY:
VINCENT A. CAUTERO, AICP, ADMINISTRATOR
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DATE
Petition Number V-99-28
Collier County Planning Commission:
RUSSELL A. BUDD, CHAIRMAN
-- A~A tT[M
200(]
FAX g4184369._~85 .... COLLIER ¢.3. ¢..O~I~C','ITY DE\'
VARL~NCE PETITION
FROM !;ETBACK l.S) KEQU1K~D FOR A P~3qC%U~.A]~ ZONING DISTR/CT)
Petition No.
Commission Dismct:
Date Petition Received:
-Plan~r Assigned: ~"~t~
ABOVE TO BE COMPLETED BY STAFF
Petitioner's Name:
Petitioner's Address:
Agent's Name:
Agent's Acldmss:
Tele'phone:
COLLIER COUNTY CO~TY DEV'ELOPM'ENT PLANNING
SERNqCES/C~NT PLA.NI~NG
2800 iN. HORSESHOE DRIVE . NAPLES, FL 34104
I~'ltONE {941) 403-24(NI/FAX (941) 643-6968
Applicatiea [or V~risn~ l'aitton - ~
Pag~ I of !
AGE. NOA ITEM
~o./.y(,~ /
MAR 2 8 2000
12,'08,-99 1~:35 F.42/ 9116436965 COLLIE~ CO COKtI['NI~/ DEV ~004
Complete the following for ~11 Association(s) affilialed with this petnion
~beets if nec~sary)
Name of Homeowner Association:
(Provide addiUonal
Mailing Ad&ess City
State ~ Zip
Name of Homeowner As., ociation:
Mailing AflcLress
City
State _._ Zip.
Name of Homeowner As~,ociauon:
Mailing Addr~
CiS'
State __ Zip
Name of Master Associ~fion:
Mailing Address
Name of Civic Association:
Mailing Address
Ci~ __
State Zip
City
State __ Zip
PROPERTY DESCI~rP TION:
Legal Description of Subject Property:
Subdivision: U~.C~ ~l~' Unit
Section Twp. Range
t(s) 2&
Property LD. #
Block (s)
Metes & Bounds l~scr~ption:
fee Varim~.~ P~ ~itio- - W98
Pa~2 of
AGENOA ITEM
No.~
NAP, ~; q 2000
Address of Subject Property:
(If different from Pctition¢:'s ~ldr¢~)
Current Zoniag and Land use of Subject Parcel: ~----~ t~,~,.b~"~ ~ L-,
Adjacent Zoning &Lan, t Use:
.Minimum Yard Requirements for Subject Property:
Front:
Comer Lot:
Wate~ fi-ont Lot:
Yes E]
Yes []
No []
NoG
Application for Vartam, e Pe ~tion - 8198
Page 3 of 8
AGENDA [TE~4
~I~[~ 2 8 2OOO
Pg. /t~.-
Nature of Petition
Pzovide a detailed cxplar~tion of thc request including what structures are existing and what is
pro?osed~ the axnount of encroachment proposed using numbers, Lc. reAuce front setback from
25' to 18'; when prop~,'y owner pu_mhas~d property', when cxisi:ing principal str~cmre w~
built (include braiding permit mm:~ber (s) if'possible); why cncroackmeru is ne, cessax~,; how
existing encroachment ca, ne to b~; ~c.
~pplic~don ~or Ve~ience l'~tiou - ~,98
Plge 4 of 8
A~A ITE~
2 8 2000
?l~asc note lt~a[ stuff a~ud the C olli~r CourtW ~,~m~ Cc~ssi~ $~ ~ ~i~d m ~e~ zec~m~d~on to ~e
Bo~d ofzo~ App~ah, ~ ~at ~e Bo~d of zo~g a~ ~ ~ ~d ~ ~ det~ina~ to a~ove or
deny a v~i~ce pe~ou by ~e ~low l~d cnt~a (l-t) (Ple~ ad~es~ ~s c~ten~ ~m~ ad~h~ pa~e~ d
necess~.)
1. Axe thee spcr, iaJ conditia~s ~ud c~"c'u.u~--c~s e~tin§ ,,~'hich a~e peculi~ ~0 the locahon, size a.url
cha~cled~tics of the la~d, stn~ctu~e, ot building revolved.
2. Are thee special con,tit ~s ~d c~cumata~ces which ~ uot ~es~t ~om ~ action of ~e appoint
such as ~e-e~s~g co~di6o~ ~e~a~ve to ~e p~ w~ch is ~e s~bjcct of~e v~ce ~quest.
3. Will, literal iate~pretatio a of fl~e provisions of rids zoning code work ~ecess~ ~d ~due h~p on ~e app~c~ or cr~te p~c~c~ ~es on ~c a~c~t.
Will the vunaace, if ~u~ eg, be ~e ,~ini,~,m vanaace that will make possible the reasonable use of
Re I~ck building or slru.:t~re and which promo~ standards of hcalik, saf~-~' or v~elfare.
AppUcatlon ior Variance Petittou - 8/~8
LMAR 2 8 2000
Will grouting thc .'ana~ce ~cq~csted coafer ou the pe~er ~y ~eci~ pnv~ege ~t is denied by
~esc zo~ re.la,ohs ~o c~cr ]~. ~tl~g~. o~ ~es m ~e ~me zo~g ~c~
W,II grantm$ ~e Yari~u¢,: be m haru3ou)' w'ith thc intcut aad pu~ose o£thim zoum§ code, mud not be
mjuno~ to thc n¢ighbort.ood~ or o~hecvv'~¢ dctri.men[~l u~ ~e pubhc
Ate there aavaral zondi~,us or physically reduced zon~Uom tlmt ameliorate ~e goals a,vd
objectives of the reg'ula~n such as u~.tm~ preserves, lakes, golf uoursc,
Will g~autmg the variaace be cousisteut with the grov,~ mauagemeut plan.
for Vm'~uce P,:tltiou - 8/98
PaLm 6 of S
AGENOA ITE,
HAR 2 8 2000
5?L~ CLrT HOSE
B~B ~; H/C SH. ON
POOL
~WAT
CO..MS. W/VI~
^C,F.~^ ~ L
,J
Z,~ g'.L '
¢
'77
FIELDBOOK I 44
ARROW'
SCALE
1" = 30'
~' 9
PAGE c L DATE4-21-9 SECTION 28 . TWP
=C...t~DATIO,'; LOCAT, ON DATE [ ,ClELDBOOK q'~GE
LEGAL DESCRIPTIQN
(AS PROVIDED BY CLIENT)
This is a boundary survey of the following:
Lot 26, Block 40,Unit # 6 Naples Park as
recorded in Plat Book 3, Page 15 of the public
records of Collier County,Florida.
8 S, RGE 25 £
CONq- REVERSE S~DE
FINAL SURVEY DAT,
', ND, li5.
Benchmark
Cut Nail
E.O.P. Elev. 9.27
OCCUPIED
L-C)-T ~,o?
P_.G, 9.so ~.~.V.D.
VACANT
N.G.V.D.
OCCUPIED
AGathA ITEM
2000
NOTES
CERTIFICATE
!REPRODUCTION OF THIS SKETCH IS NOT VALID UNLESS SEALED
WITH AN EMBOSSED SURVEYOR'S SEAL.
2, NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, RIGHTS-
OF-WAY, AND OR OWNERSHIP WERE FURNISHED THtS SURVEYOR
EXCEPT AS SHOWN.
3.NO UNDERGROUND INSTALLATIONS OR IMPROVEMENTS HAVE
BEEN LOCATED EXCEPT AS NOTED.
4. BEARINGS SHOWN HEREON ARE BASED ON
A- El,.. /hOC
5. THIS PROPERTY LIES IN FLOOD ZONE ~ PER FIRM pANEL
6. LAST DATE OF FIELDWORK /4.,- ,,,r -~/--~ ~?,4./z* p//~4~i~
FAX992-6070 MARK O. ALI..~N, INC.
TELE: 992-8900 PROFESSIONAL LAND SURVEYOR
I hereby ceruly that the above described properr~
surveyed under my direction and the s~stch ol sur
true and correct lo the best ct my knowledge.
sudsy meets or exceeds the minimum tec
standards set forth by the Floricia Board ct
Surveyors, pursuant to Rule 61G17 - 6 F
Administrative Code, anci pursuant to Sect:on 47
F~orida Statutes. There ars no v~sible encroach
other than those shown hereon.
MARK O. ALLEN P.L.S. # 3553
26751 OLD U.S. 41 RD
BONITA SPRINGS, FLORI[
SHEET OF
DWN BY i CHK'D BY [ ORDERED BY
RESOLUTION NO. 2000-
RELAYING TO PETITION NUMBER V-99-28.
FOR A VARIANCE ON PROPERTY
HEREINAFTER DESCRIBED IN COLLIER
COU,~TY. FLORIDA.
WHEREAS. the Legislature of the State of Florida in Chapter t25. Florida Statutes.
bas conferred on ail counties in Florida the power to establish, coordinate and e~orce zoning
and such business regulations as are necessa~.' for the protection of the public: and
WHEREAS. the Countx,' pursuant thereto has adopted a Land Development Code
~Ordinance No. 91 -102) which establishes regulations tbr the zoning of pamcuiar geographic
divisions of the County. among which is the granting of variances: and
WHEREAS. the Board of Zornng Appeals. being the duly elected constituted Board of
the area here>? affected, has heid a punic hearing after notice as m said re~:uianons made and
provided, and has considered the advisability of a 5.5-thor \anance from the required side
yard setback of 7.5-feet to 2-feet as shown on the attached plot pian. Exhibit "A". in an RMF-
6 zone for the properly hereinafter described, and has found as a mat~er of fact that
satisfactou' 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 ~br the unincorporated area of Collier Count>: and
WHEREAS. ail interested pan]es have been given opponumt> to ~e heard b? 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 Count>'. Florida. that:
The Petition V-ao-~_S ~!e~ ~"' Richard and t~'>lie Lilies..~th :es~cc: :o the ?rope~5
hereinafter described as:
Lot 20. Bloc~. 40. Naples Park. Unit 6. as recorded in Plat Booi~ 3. Page
the Public Records of Collier County. Florida.
be and the same hereby is approved for a 5.5-foot side yard variance from the required side
yard setback of 7.5-fee~ to 2-feet as shown on the attached plot plan. Exhibit "A". of the
"RMF-6" Zoning District ,~herein said property is located, subject
conditions:
This variance is for the encroachment shown in Exhibit "A" only. Any other
encroachment shall require a separate variance.
BE IT RESOLVED that this Resolution relating to Petition Number V-99~28 be
recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this day of ,2000.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
Approved as to Form and Legal Sufficiency:
Mami M. Scuden
Assistant Count.',, Attorney
~: \ -~*c~-28 RESOLUTION FR ts
TIMOTHY J. CONSTANTINE, Chairman
-2-
2 ¢ 2000
Exhibit "A"
2000
EXECUTIVE SUMMARY
TO RECEIVE BOARD APPROVAL OF A NEWSRACK AGREEMENT AND WAIVER
OF LIABILITY FORM
OBJECTIVE: To obtain Board approval of the use of a new form to be issued by the County to'
Newsrack vendors releasing the County of all liability. The form also serves as an agreement
between the County and the applicable vendor to comply with the County's regulations.
CONSIDERATION: The Newsrack Ordinance No. 93-12 was adopted by the County in March
of 1993. The Ordinance was established to provide guidelines for the placement of these
structures with the public's safety in mind. Venders are required to execute a waiver and release
form as authorization for placement of the newsracks. The forms being used by the County are
adequate but the proposed form is more complete.
The proposed form was approved by the County Attorney's Office for legal sufficiency. The
form provides detailed information to the prospective vender so that compliance with the County
Ordinance can be assured.
FISCAL IMPACT: None
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: Authorize Staff to utilize the proposed new Newsrack Waiver and
Release form.
SUBMITTED BY'
APPROVED BY:
Michelle Edwards Arnold,
Code J~nforcement Director.
Vincent A. Cautero, AICP, Administrator
Community Development & Environmental Services Division
Date: 3./f- CC
Newsrack Indemnification Agreement and Waiver of Liability
WHEREAS, Section 4, Paragraph F, of Collier County Ordinance No. 93-12, requires execution of this Agreement
prior to the placement of an> Newsrack upon or adjacent to any public property and/or public right-of-way Ithe
"regulated Newsracks"). This ,Agreement Form is approved by' the Count>' Attorney.
Agent/corporation described belo~ states to the County that its representative(s) has/have read and
accept(s) all responsibilities, requirements, conditions, and restrictions now or hereafter set fourth in Collier
.County' Ordinance 93-12. as now or hereafter amended, entitled the "Collier Count>, Newsrack Ordinance."
The undersigned Indemnitor(s'~ 0ointly and severally, if applicable) agree to fully and unconditionally
indemnify, defend, and hold harmless the Collier County Board of County Commissioners (Indemniteesl
and its officers, employees, agents from any loss. liability, claim, action, or suit arising from or incurred in
connection with the presence and/or use (in Collier County) of every Regulated Newsrack owned, operated.
managed, controlled and/or serviced by the entity entering into this Agreement, and/or its successors and
assigns.
Upon each and every asserted claim, if any, the Indemnitees shall attempt to forward to each of the
undersigned reasonabl3 timeI> written notice of each such claim. The undersigned shall thereafter at its
oxvn expense pay or satisfy said claim or otherwise defend, protect and hold harmless Indemnitees against
said claim, loss. or potential claimed liability thereunder. To facilitate such notice, each Indemnitor must
keep the County informed of all changes in postal mailing address(es), e-mail address(es), telephone
number(si and facsimile telephone number(s).
If the undersigned shall fail tt~ promptly and adequately defend and/or indemnify and hold harmless all
Indemnitees, each lndemnitees ~hall have full rights to defend, pay or settle said claim on their oxvn behalf
with prior notice thereof to the undersigned and Indemnitees shall hax, e full rights of recourse against the
undersigned to be reimbursed for all fees, costs, expenses and payments reasonably required to discharge
and/or defend against said claim.
Upon any breach whatsoever of this Agreement by the undersigned, the undersigned agrees to paL all
reasonable attorneys' fees (including appeals), all witness' fees. and all other costs expended by anx of the
Indemnitees to defend against and/or settle each such claim. This Agreement shall be unlimited as to
amount or damage~ or time duration. Claims may be made after removal of the respective Ne~srackts)
This Agreement shall be binding upon and inure to the benefit of the parties, their successors, assigns and
personal representatixes arid shall be c{mtrolled by the lax~s of the State of Florida. Each Signator) hereto
hereby acknox~ledges that he/she has full pox~er and authority to execute this Agreement.
Name of publication:
AgentfPublisher:
Physical Location:
Mailing Address:
Telephone No.:
Facsimile telephone No.:
Signature of lndemnitors/Authorized Agent
Notary Statement:
Sworn to and subscribed before me this
__ day of
by:
Title:
Personally known:__
E-mail address:
or Produced ID:
2O
ACCEPTED bx Collier County this
By:
___ da.,,' of
Authorized Representative.
· 2000.
MAR g 8 2000
EXECUTIVE SUMMARY
PETITION C-2000-5, MARIO VALLE, REPRESENTING, GULF COAST HIGH SCHOOL BAND
BOOSTERS, REQUESTING AN AFTER-THE-FACT PERMIT FOR A CARNIVAL THAT WAS
HELD MARCH 9, 10, 11 AND 12, 2000, ON PROPERTY ADJACENT TO THE HIGH SCHOOL
GROUNDS LOCATED AT 8200 IMMOKALEE ROAD.
OBJECTIVE:
Mario Valle, representing Gulf Coast High School Band Boosters, ' is requesting that the Board of
County Commissioners approve an after-the-fact permit for a carnival that was held March 9, 10, 11
and 12, 2000, on property adjacent to the Gulf Coast High School grounds located at'8200 Immokalee
Road.
CONSIDERATIONS:
Gulf Coast High School Band Boosters had met all the requirements of the carnival permit
procedures other than those provided for within their request for waiver of the Surety Bond.
FISCAL IMPACT:
The $250.00 permit application fee does cover the cost of processing and required inspections.
However, waiver of the Surety Bond may have had a Fiscal Impact on the County if the applicant
failed to restore the site back to the original condition. The County would then have been liable for
clean up and restoration of the site, which could potentially cost $500.00. The Gulf Coast High
School Band Boosters, parents and school employees were responsible for the clean up of the school
grounds after the carnival.
GROWTH MANAGEMENT IMPACT:
None.
PLANNINC SERVICES STAFF RECOMMENDATION:
That the Board of County Commissioners approve the permit. Staff recommends the
RO~A'LD ~t~O~, ~
CU~NT PLANNING MANAGER
I .oo
DATE
Surety Bond be
REVIEWED BY:
ROBERT J. MULHERE, AICP
PLANNG SERVICES DEPARTMENT DIRECTOR
DATE
APPROVED B~:
VINCENT A. CAUTERO, AICP, ADMINISTRATOR
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
DATE
C-2000-5 EX SUMMARY/
ACIE. N~A ITEM
MAR 2 8 2000
NOTE:
Please read reverse side Copy:
Before completing this Copy:
Petition. Copy:
Zoning Director
Petitioner
(1) County Adminis~'ator
CARNIVAL OPERATION PETITION
P~.~o~ ~o. ~- & o o 0 -.S D^~:
AGENT FOR PETITIONER:
PETITIONER'SADDRESS: ~"7~~' ~,.~__~-,,.~,o!~o_I e/.- ~h~, i'XJ,~p/~4~ ~t_
If a Corporation, whether or not a not-for-profit Corporation:
PROPrRWO~R'S~D~SS: 277Z- ~,~Z~
LEG~ DESC~ON OF S~m~ PROPERS: ~ 7
CURRENT ZONING: ~_..0rm.er'~ /Yl?~t]
· CURRENT USE
THE FOLLOWING iNFORMATION IS INCLUDED IN THIS PETITION. (FOR EXPLANATION,
3.d,
Comments: , ,~/
.......................
SIG~TURE OF AGENT FOR PETITIONER
DATE REVIEWED by Board of County Commissioners:
Approved: Disapproved:
Conditions of Approval:
SIGNATURE OF COUNTY ADMINISTRATOR:
ACC3 ~ A I'W.M
MAR 2 8 2000
Excerpt from Ordinance No. 75-11 Filed Secretary of State 3/6/75
1. Application and Fee for Permit. A minimum of twenty (20) days
before occupYing the carnival or exhibition site, an application for a permit shall
be submitted to the County Admimstrator in three (3) copies accompamed by:
A surety bond in the penal sum of $2,500, issued by a company authorized
to issue such bonds in Florida, conditioned upon the operator complying
with each provision of this Ordinance.
Evidence of current public liability insurance coverage, issued by a
company authorized to do business in Florida, in the mimmum amount of
$100,000 for any one person and $300,000 for any one incident.
c. A non-refundable fee of $250.00.
d. A current occupational license issued by the Collier County Tax Collector,
and
e. Including the following information:
I) The name and headquarters address(es) of the carmval or exhibition
company(ies) with a direct or indirect financial interest; name(s) and
addresses(es) of any sponsoring orgnizafion (s), and the name and local
address of the applicant representing the carnival or exhibition
company(les).
2) A description of the every activity to be conducted such as but not
limited to, menageries; circus and side-show performances;
amusement; merry-go-round and other ride activities; food and drink
dispensing facilities; booths for conduct of games of skill or chance not
prohibited by State law to be open to the public for an admission or
participation fee and number of persons to operate the activities;
3) Name, identification and social security number of each person
accountable for the operation of each activity;
4) A description and sketch of the site showing the location of each
activity proposed, the location and number of samtary facihties;
parking facilities, and provision for lighting and public water;
5) Application for Food Establishment Operating Permit from the County
Health Department as required by Ordinance 74-45.
6) The plan for refuse, garbage, debris and sewage disposal during and
after operation of the circus or exhibition.
7) Provisions for traffic control, fzre safety and security precautions;
8) The date and time each activity is to be conducted and concluded;
9) Written approval from the owner of the property authorizing the use of
his premises for such carnival activity.
10) Legal description of property to be utilized.
Carmval Petition Application
AGENOA rr~J~
, ,4AR 2 B 2200
Be
10
Carnival Exhibition Co: Tolve Presentations. Inc.. 269 Orient Wav
Lyndhurst, NJ 07071
Sponsoring Organization: Gulf Coast High School Band Boosters
Carnival Exhibition Co. Applicant: Steve and John Tolve
Merry go round and other ride activities, booths fbr conduct of games of
skill or chance not prohibited by State Law to be open to the public for an
admission or participation fee, fbod and drink dispensing facilities,
musical bands will play on two days of the event and a car-bashing/spray
painting (participants wearing protective eye goggles, get to take swings at
a car where all of the glass is removed from the vehicle with a sledge
hammer, or if desired, the participant may spray paint the vehicle for a
fee). The number of persons for the operation of the rides, chance games
and food dispensing is being determined by Tolve Presentations, inc
Marlo Valle and Robert Kilgo will supervise the car bashing event.
Tolve Presentations Inc. will be accountable for the operation of all the
rides
The location of the event is 8200 lmmokalee Road, Naples, FL 34119
The rides will be contained within the existing fence and will cover the
front (Northern 600 feet of the property)The parking facilities will be
Gulf Coast High School parking lot immediately adjacent to the event
location (directly to the west of the event location). Sanitary facilities will
be provided through the use of port-o-lets (six regular and one handicap
accessible).
Tolve Presentations Inc. as a part of the contractual arrangements will
provide the food and drink dispensing.
All of the garbage shall be removed from the site every evening and the
dumpsters at Gulf Coast High School will be utilized. In the event that
there is insufficient space at the high school dumpster, the garbage will be
moved to another dumpster at a separate location.
Since all of the parking will take place at the high school, alii of the traffic
lanes and signalization shall be utilized to indicate parking there. Existing
turn lanes and signalization will provide for a smooth traffic flow' Security
precautions are being contracted for b-y-~e Ccllier Ceunt~~ -- -5 /~/-,,r,_- ,.,
~ Other volunteer parents, also employed by the Sherrifffs
office will be present at the event. .~e.F,_t) 124~ l-c{
The event will commence on Thursday, March 9, 2000 at 6:00 pm and run ~---c~.
till 10:00 pm. The event will re-open the following day, Friday, March 10,
2000 at 6:00 pm and will run until 11:00 pm. The event will re-open the
following day, Saturday, March 11, 2000 at 12:00 pm and will run until
11:00 pm. The event will conclude the following day, Sunday, March 12,
2000 opening at 12:00 pm and will run until 9'.00 pm.
Received verbal authorization from the Board of Cornerstone United
Methodist Church via Pastor Roy Terry who can be reached at 941-354-
9160.
27 48 26 W1/2 of W1/2 ofNW !,q, Less the N 150 Ft.
2000
Official Receipt - Collier County
CDPR1103 - Official Receipt
Board
of County
Commissioners
Trans NUmber ' Date Post Date
183970 - '0:3/08/2000'10:27:42 AM 03-/08/2000
· Pmt _Sli~ # . Status
MS-67415 POSTED
Payor ' GULF COAST BAND BOOSTERS
Fee Information
Fee Code Description GL Account
11CIRC FAIR & CIRCUS PERMITS 11313890034122000000
Total
Am°U~t
$250.00
$250.00
Waived
Payment Code AccOunt/Check Number
CASH
Memo:
Gulf Coast Higt~ Shcool Band Boosters Carnival
Payments
Amount
$250.00
Total Cash $2~0.00
Total Non-Cash $0.00
Total Paid
Cashier/location: GARRETT_S / 1
User: MARTIN C
Collier County Board of County Commissioners
CD-Plus for Windows 95/NT
Printed:0J~/08/~3~
i ·
BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS
Name of event:
Name of booth:
Person in charge of booth:
~yp. es .of food ..or beverage, to be served:
, , - .. ' ~,, ,,, ,~ ~,~-,~
Florida Administrative Code, Chapter !0D-13 requires all
food to come from an approved source. Ail food storage,
preparation and utensil cleaning for this event shall not be
done in private homes.
Lo~ation of advanced food preparation:
How will food be transported to event location?
Method of
keep, ing. food hot and/or cold at event site:
Method of cooking food at the location:
Food must be protected from dust, insects, flies, coughs,
sneezes. How will you provide this protection? Describe
type of structure:
Adequate facilities and supplies shall be provided for
employee handwashing. How will you provide this?
For Information and Assistance co~Ka~,::
Envi~on~tal Health & Engineeri~ De~= -
( 813 ) 643-84~
As the sponsor of this event you are responsible to notify all food
vendors of the temporary food service requirements. Failure to comply
may subject the booths to be closed for public health reasons. Do you
understand.this completely?
Yes / No
I certify that to the best of my knowledge and belief all of the
statements contained herein and on any attachments are true, correct,
complete, and made in good faith.' I understand that these regulations
include food intended for service to the public regardless of whether
there is a charge for the food. I agree to assume responsibility for
this event and certify that said business will be conducted in
compliance with the Florida Administrative Code, Chapter 10D-13.
Si' gna of sponsor s" agent
Date
, AR 2 8 2000
SPOJ~O~ &~TZFICATION FORM FOR TEKPORARY EVENTS:
Name of event
Address of event
Date(s) of event
Sponsor of event
Address of Spohsor VS'?~':' ~L~n~m.l<c~*'~ ~
person in .charge of food service "~ ~ J ~
Number of food and beverage booths
Estimated number of attenders expected at the event at one time?__
Number of toilets to be provided:
Portable: Male ( _~ ) Female (
-- Permanent: Male ( / ) Female ( / )
Method of toilet waste disposal: '~" ro=,.'.': (
Descri~ method of l~id kitchen waste ~isposal:
Describ~ containers and method of solid waste 4ispos~l (garbage):
~.,~ ~.'~ x>- ,~,.~.~ :,.~L.., ~,.~ ,',,.~-,,..~
N~r 6f solid waste disposal containers provided: ~' (:-~,.:',D~ S ~,~
Describe facilities and method of hand washing:
Describe facilities add method of utensil washing, rinsing and
sanitizing: ~f~' r~'z,.'> ~l._:>..;9~p_ l,~,.(/ .~.~ /.¢_o.,=~.~.s.. ~c: ~'.- ~,-~:, ,~/':~
~ ?,~,D.,~ 4'a~,/,'~'-, fZ,,- w /r-,r,'/~--'~l~3, ~,'~'~ ~ J~"' :" '' ~"~'-
Source of potable water: ~p g///k:= ?Jb=5 -
For information and assistance contact:
Environmental Health & Engineering Department (813) 643-8499.
~l~x..~ ~:~-: (~,.~..'.,.~,-z',~,~,~.o.~ c'~ ,~ /%~/,., ~:~:>,,~,~.z_~ .
March 6, 2000
GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT
4741 GOLDEN GATE PARKWAY · NAPLES, FLORIDA 34116-6901
(941) 455-2121 · FAX (941) 455-7917
Penny Raymond
Gulf Coast Band Booster
231 6th Street N.E.
Naples. Florida 34120
Dear Ms. Raymond:
This fire department will provide its services during the Band Booster Fundraiser that will be held
from March 9. 2000 through March 12, 2000 at the Gulf Coast High School.
This department must insist that all fire codes and safety codes be strictly adhered to.
I. A fire lane (20 tbot minimum) will be provided with access to all cooking and vending areas.
2. Fire extinguishers to beprovided in all cooking facilities.
3. Any and all LP tanks will be tied down.
4. Any and all electrical box access will be protected from general public contact.
5. Provide the Golden Gate Fire Department with a map of the general layout prior to the starting
of the event.
In addition, it will be necessary for all fundraiser facilities to be inspected by a fire department
inspector after they are setup and prior to them being opened to the public.
Thank you for your cooperation.
Sincerely,t/~~.., -'
,_. . ,)c.__ ,~,..~--;.
Donald R. Peterson
Fire Chief
DRP/pm
.MAR 2 8 2000
FROM : Na. ptesPa~-k FAX NO. : 941 597 2520 7224 Ha~. 09 2888 10: 19Arfl P2
.~s~rict.~ ~_-~ ilSch°°/~
Collier C~_~/
GULF COAST HIGH SCHOOL
7878 Immokalee Road
Naples, Florida 34119
(941) 593-2600
(941) 593-2618 FAX
March 9, 2000
To: Cecelia Martin
From: Gulf Coast Band Boosters
Ms. Martin:
There will be two CCPS Deputies on sight, Cornerstone United Methodist Church
property, adjacent to Gulf Coast High School.
Times:
319 7:30- 10:30
3/10- 7:30 - 11:30
3/11- 7:30- 11:30
Also one Abacus Security person - Richard Pomer, will be on sight every day from 3/9 -
6- 10, 3/t0 -6- 11, 3/11- 12- 11, and 3/12- 12-9.
Regards,
Tom Bligh
Assistant Principal
COLLIER COUNTY CHARACTER EDUCATION TRAITS
t=airne$$ Honesty Kindness Perseverence R~spect Responsibility Self-Oisclpli~e '
THE COLLIER COUNTY PUBLIC SCHOOL SYSTEM IS AN EQUAL ACCFS.9, / EQUAL OPPORTUNITY INSTITUTION ~OR EDUCATION AND EMI~,LOYMENT ·
TOLVE PRESENTATIONS, INC.
FAX NO. 201-933-~867
NUMMJR OF ~ TO FOLLOW;
~_ IH~ FblO.
if you did nM reoeive th~ Inda~i~l numb,re' M ~ m, If FAX M lileelMe,
im M (:N1) ~ Thlmk
',
PEK.MIT FOR CAIL',;IVAL EXHIBITION
PeFmlt ~,o
STATE OF FLORiDA:
COU~'TY OF COLLIER:
WHEREAS. Marlo Valle. representmg the Gulf Coast High School Band Boosters. has made apptlcanon
to the Board of County Commisstoners of Collier Coun¢'. Florida. for a perma to conduct a camtval; and
WHEREAS. Mano Valle. representmg the Gulf Coast High School Band Boosters, has presented to the
Board sufficient evidence that all criteria tbr the issuance of a permit to conduct a carnival as set forth tn Chapter
t0. Amcte I1, Amusements and Entertainments. of the Collier CounD, Code have been sansfied and that such
carnival exhtbmon ~fll be conducted accordmg to lawthl requirements and condmons: and
WHEREAS. satd Mano Valle, representing the Gulf Coast thgh School Band Boosters, has requested a
xxaiver of the Surew Bond:
NOW. THEREFORE. THIS PERMIT IS HEREBY GILANTED I'O Mano Valle, representing the Gulf
Coast High School Band Boosters. to conduct a Camtval from 5,larch 9th through March 12:". 2000. m accordance
':~ith the terms and conditions set lot-th in the petmoner*s applicatton and all related documents, attached hereto and
:ncorporated hereto, for the follotx mg described propen3':
The \Vest ': of the \Vest ': of the Northwest ',. less the North 150 tket. of Secnon 27. Townshtp
48 South, Range 26 East, Collier Count3,, Florida.
The request for v~ap.'er of Surety, Bond is hereby approved.
WITNqSSS my hand as Chairman of sa~d Board and Seal of said County. attested by the Clerk of Courts tn
and for said CounW this day of .2000.
..x. IWEST: BOARD OF COL~'TY COMMISSIONERS:
DWIGHT E BROCK, CLERK COLLIER COL~'TY. FLORIDA:
Approved as to Form and
Legal Sufficiency:
Marloneq'vl. Student
Assistant County Attorney
g admm,C-2000-05,RN/ts
TIMOTHY J. CONSTANTINE, CHAIi~MAN
MAR 2 8 2000
EXECUTIVE SUMMARY
AUTHORIZATION OF A 100% WAIVER OF IMPACT FEES FOR ONE HOUSE TO BE BUILT
BY ANTONIO RAMIREZ AT 5469 HARDEE STREET IN NAPLES MANOR ADDITION,
COLLIER COUNTY, FLORIDA
OBJECTIVE:
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 Correctional Facilities Impact Fees, Road Impact Fees, Library System Impact
Fees, Parks and Recreational Facilities Impact Fees, Emergency Medical Services Impact Fees,
Educational Facilities System Impact Fees and Water and Sewer Facilities Impact Fees for one
house to be built by Antonio Ramirez, with funds from the Affordable Housing Trust Fund.
CONSIDERATIONS:
Antonio Ramirez has submitted an application for a 100% waiver of impact fees for one house
to be built by Amtonio Ramirez at 5469 Hardee Street, Naples Manor Addition, in Collier
County, as a very low income, first time home buyer and qualifies for an impact fee waiver
under the provisions of the Impact Fee Waiver Ordinances. The house is proposed to sell for
$90,200.00.
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 waived/deferred is $7,140.34.
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
f) Correctional Facilities Impact Fee 117.98
g) Water Impact Fee 1,275.00
h) Sewer Impact Fee 1,575.00
Total Impact Fees to be Waived
$7,140.34
GROWTH MANAGEMENT IMPACT:
The impact fee waiver will bring relief for a very low income family in compliance with Policy
1.5.2 of the Housing Element of the Growth Management Plan.
MAR 2 o° 2000
Executive Summary
Ramirez Impact Fee Waiver
Page Two
RECOMMENDATION:
The Board of County Commissioners accept the Resolution and Agreement authorizing the
waiver of impact fees for a home to be built at 5469 Hardee Street, Naples Manor Addition, in
Collier County, by Antonio Ramirez, a very low income family, and to direct the Finance
Department to pay for these impact fees immediately with State Housing Incentive Partnership
(S.H.I.P.) program revenue funds.
jd, 3/7/O0
Prepared by:
Joanne Dalbey, Pl~t~ner II ')
Housing and Urban Improvement
Reviewed by:
'F_Jreg M h a, Director
Housing and Urban Improvement
Date
Al>l~o~'ed by:
V~CENT A. CAUTERO, ~CP, ~M~ST~TOR
COMM~TY DEVELOPMENT & E~IRO~ENTAL SERVICES
jd/c/impact fee/ramirez
iA~A ITEM
,',,--, 2 8 2000
1 RESOLUTION NO. 2000-
2
3 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS. COLLIER
4 COLTNTY, FLOR/DA, AUTHORIZING 100% WAIVER OF CORRECTIONAL
5 FACILITIES IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND
6 RECREATIONAL FACILITIES LMPACT FEES, ROAD IMPACT FEES,
7 EMERGENCY MEDICAL SERVICES IMPACT FEES, EDUCATIONAL
8 FACILITIES SYSTEM IMPACT FEES, AND WATER AND/OR SEWER IMPACT
9 FEES FOR ONE HOUSE TO BE CONSTRUCTED BY ANTONIO RAMIREZ AT
10 5469 HARDEE STREET, NAPLES MANOR ADDITION, COLLIER COUNTY.
11 FLORIDA.
12 WHEREAS, Collier County has recognized and attempted to address the lack of adequate zmd
13 affordable housing for moderate, low, and very-low income households in the County and the need
14 for creative and innovative programs to assist in the provision of such housing by including several
15 provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1;
16 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
17 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
18 Housing Element; and
19 WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives
20 Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida
21 Administrative Code; and
22 WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is
23 authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers
24 of Collier County impact fees; and
25 WHEREAS, Antonio Ramirez is seeking a 100% waiver of impact fees; and
26 WHEREAS, Antonio Ramirez wilt construct a three bedroom unit (the "Dwelling Unit") at
27 5469 Hardee Street in Naples Manor Addition, Collier County, Florida; which is proposed to sell for
28 Ninety Thousand Two Hundred Dollars ($90,200.00), and
29 WHEREAS, the Dwelling Unit will be owned by a very low income household, and
30 WHEREAS, Antonio Ramirez submitted to the office of the Housing and Urban
31 Improvement Department an Affordable Housing Application dated February 1, 2000 for a waiver of
32 impact fees for the construction of a house at 5469 Hardee Street, Naples Manor Addition, Collier
33 County, Florida, a copy of said application is on file in the Housing and Urban Improvement
34 Department; and
35 W}IEREAS, in accordance with Section 3.04 of the Correctional Facilities Impact Fee
36 Ordinance, Ordinance No. 99-52; Section 3.04 of the Library System Impact Fee Ordinance,
37 Ordinance No. 88-97, as amended; Section 3.04 of the Parks and Recreational Facilities Impact Fee
38 Ordinance, Ordinance No. 99-39; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No.
39 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance,
40 Ordinance No. 91-71, as amended; Section 3.05 of the Educational Facilities S ~
~GENDA ITEM
41 Ordinance, Ordinance No. 92-33, as amended; and Section 3.04 of the Regional
-1-
MAR 2 $ 2000
1 Systems Impact Fee Ordinance, Ordinance No. 98-69, an applicant may obtain a waiver of impact
2 fees by' qualifying for a waiver; and
3 WHEREAS, Antonio Ramirez has qualified for an impact fee waiver based upon the
4 following representations made by Antonio Ramirez:
5 A. The Dwelling Unit shall be owned by a first-time home buyer.
6 B. The Dwelling Unit shall be owned by a household with a very low income level as
7 that term is defined in the Appendices to the respective Impact Fee Ordinances and the
8 monthly payment to purchase the unit must be within the affordable housing
9 guidelines established in the Appendices to the respective Impact Fee Ordinances.
10 C. The Dwelling Unit shall be the Homestead of the owner.
11 D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the
12 certificate of occupancy is issued.
13 NO'~", THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
14 CO,MMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
15 1. The Board of County Commissioners hereby authorizes the County Administrator to
16 issue an Authorization for waiver of impact fees to Antonio Ramirez for one (1) house
17 which shall be constructed at 5469 Hardee Street, Naples Manor Addition, Collier
18 County, Florida.
19 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for
20 waiver signed by Antonio Ramirez, or other documentation acceptable to the County'
21 Attorney. the Board of County Commissioners hereby' authorizes the payment by
22 Collier County of the following impact fees from the Affordable Housing Trust Fund,
23 Fund (191), in the following amounts for the one (1) house to be built at 5469 Hardee
24 Street, Naples Manor Addition, Collier County, Florida by Antonio Ramirez:
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26 A. $ 180.52
27 B. 1,379.00
28 C. 820.84
29 D. 14.00
30 E.
31 1,778.00
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33 F. 117.98
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35 G. 1,275.00
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37 H. 1,575.00
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39 $ 7,140.34
Library Impact Fee
Road Impact Fee
Parks Impact Fee:
EMS Impact Fee
Educational Facilities System
Impact Fee
Correctional Facilities Impact Fee
Water Impact Fees
Sewer Impact Fees
Total Impact Fees
-2-
1',4AR 2 g 2000
1 3. The payment of impact fees by Collier County is subject to the execution and
2 recordation of an Affordable Housing A~eement for payment of Collier County
3 Impact Fees between the property owner and/or purchaser and the County.
4 4. Based on sufficient evidence provided by Owner, Owner has demonstrated that a
5 subordination of the County's rights, interests and lien to that certain mortgage loan
6 from Market Street Mortgage to Owner in the amount of $92,127.00 is necessary' to
7 obtain financing to purchase the Dwelling Unit.
8 This Resolution adopted after motion, second and majority vote favoring same.
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DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By.
TIMOTHY J. CONSTANTINE, CHAIRMAN
Approved as to form and
legal sufficiency:
Heidi F. Ashton
Assistant County Attorney
j d/c/irnpfees/ramirez
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AGENDA i'rEIvl
2000
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EXHIBIT "A"
LEGAL DESCRIPTION
ANTONIO RAMIREZ RESIDENCE
LOT 19, BLOCK 13, NAPLES MANOR ADDITION, AS RECORDED
IN' PLAT BOOK 3, PAGE 68, OF THE PUq3LIC RECORDS OF
COLLIER COUNTY, FLORIDA.
-4-
*C, rO~A rr~
NAR 2 8 2000
MAR 2 8 2000
AGREEMENT FOR 100% WAIVER OF COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into this day of
, 2000 by and between the 'Board of County Commissioners of Collier
County, Florida, hereinafter referred to as "COUNTY" and Antonio Ramirez, hereinafter
referred to as "OWNER."
WITNESSETH:
WHEREAS, Collier County Ordinance No. 99-52, the Correctional Facilities Impact Fee;
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; the Collier County
Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee
Ordinance; and Collier County Ordinance No. 98-69, the Regional Water and/or Sewer Systems
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 100% 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 ~'equirements for an affordable housing 100%
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
MAR 2 8 2000
WHEREAS, the
Resolution No. 2000- at its regular meeting of
WHEREAS, the Impact Fee Ordinance requires
Agreement with the COUNTY.
COUNTY approved a waiver of impact fees for OWNER embodied in
,2000; and
that the OWNER enter into an
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~
commencing 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 Unlt 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;
MAR 2 8 2000
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 $7,140.34 pursuant to the Impact Fee
Ordinance. In return for the 100% waiver of the impact fees owed by
OWNER, 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. 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 the first mortgage loan.
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, and upon payment of the deferred impact
MAR 2 8 2000
//
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, successors and
assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original
OWNER shall remain liable for the impact fees waived until said impact fees are paid
in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In
addition, this Agreement shall run 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 OWNER
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 dm-i'ng 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. OWNER 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.
AGENDA ITEId
HAR 2 8 2000
Except as set forth in Section 7, 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 foreclosed or otherwise enforced by
the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real
property. This remedy is 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/Deferral of Impact Fees on the date and year first above written.
Witnesses:
-
Print Name '~y ,.. ~,~__ {., ~.,,, c- &
,
OWNER:
Antonio Ramirez
The foregoing instrument was acknowledged before me this
2000, by Antionio Ramirez. He is personally known to me ~
ident4fmation~as-identifieation.
[NOTARIAL SEAL]
__ day of '-'JXJ,~x~.p~_c~'-
,~_~gZnature of Person Taking Acknowleq!~,FCrnent
~ W~ JO~N~; ~ALBEY
5
R 2 8 2000
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMISSIONERS
COLLSER COUNTY, FLORIDA
By.
TIMOTHY J. CONSTANTINE, CHAIRMAN
Approved as to form and
legal sufficiency
Heidi F. Ashton
Assistant County Attorney
j d/c/impfee/ramirez
~4AR 2 8 2000
EXHIBIT 'A'
LEGAL DISCRIPTION
ANTONIO RAMIREZ RESIDENCE
LOT 19, BLOCK 13, NAPLES MANOR ADDITION, AS RECORDED
IN PLAT BOOK 3, PAGE 68, OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
7
IvIAR 2 {5 2000
EXECUTIVE SUMMARY
DEFERRAL OF ONE HUNDRED PERCENT OF THE IMPACT FEES FOR A 104 UNIT
AFFORDABLE HOUSING PROJECT TO BE BUILT BY WILD PINES OF NAPLES,
PHASE II, LTD., A FLORIDA CORPORATION KNOWN AS WILD PINES
APARTMENTS AFFORDABLE RENTAL UNITS.
OBJECTIVE:
To have the Board of County Commissioners approve deferral of the Library System Impact
Fees, Parks and Recreational Impact Fees, Correctional Facilities Impact Fees, Road Impact
Fees, Emergency Medical Services Fees, Regional Water and/or Sewer Systems Impact Fees,
and Educational Facilities Impact Fees for 104 units of a 104 unit rental affordable housing
project to be constructed by Wild Pines of Naples, Phase II, LTD. a Florida Corporation.
CONSIDERATIONS:
On January 14, 2000 Wild Pines of Naples, Phase II, Ltd. filed an impact fee deferral application
to provide for 104 dwelling units to be rented by tenants with incomes not exceeding 60% of
median household income for Collier County.
Under the terms of the impact fee waiver and deferral ordinances Wild Pines of Naples, Phase II,
Ltd. is eligible for the following impact fee deferrals:
Each Unit 104 Units
a. Library System Impact Fees $ 180.52
b. Road Impact Fees 952.00
c. Parks & Recreation Impact Fees 820.84
d. Correctional Facilities Impact Fees 117.98
e. Emergency Services Impact Fees 2.00
f. SchoolImpact Fees 827.00
g. Sewer Impact Fees 1575.00
h. City of Naples Water Impact Fees 870.00
$18,774.08
99,008.00
88,367.36
12,269.92
208.00
86,008.00
163,800.00
90,480.00
Total Impact Fees to be Deferred
$5,345.34 $555,915.36
FISCAL IMPACT:
Impact fees totaling $555,915.36 would be deferred for six years from approval date. These
impact fees would be repaid and available in the appropriate impact fee funds for the fiscal year
2006 budget. The proposed fiscal impact fee deferral is not budgeted. On March 30, 1994
impact fee ordinances were amended to not require reimbursement to the impact fee funds for
Affordable Housing Impact Fee Deferrals granted for a six year period.
MAR 2 8 2000
Executive Summary
Wild Pines of Naples Apartments
Page Two
GROWTH MANAGEMENT IMPACT:
Deferral of impact fees will provide relief to a developer of housing for very low and low income
families in compliance with Policy 1.5.2 of the Housing Element of the Growth Management
Plan.
RECOMMENDATIONS:
That the Board of County Commissioners approve the deferral of impact tees for 104 of 104
units of Wild Pines of Naples Apartments to be built in Collier County by Wild Pines of Naples,
Phase II, Ltd., a Florida Corporation. The Board of County Commissioners can delay the
contribution for impact tee deferrals for up to seven years from the date of deferral. This impact
fee deferral is due and payable within six years of issuance.
PREPARED BY:
Cormac J, Giblin, Manager
Housing and Urban Improvement
Date
APPROVED BY:
?
Greg Mih~c, Director
Housing and Urban Improvement
Date
Vincent A. Cautero, AICP, Administrator
Community Dev. and Environmental Svcs.
MAR 2 8 2000
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AGREEMENT FOR 100% DEFERRAL OF COLLIER COUNTY IMPACT FEES
This Agreement for the Deferral of Impact Fees entered into this __ of
2000 by and between the Board of County Commissioners of Collier County, Florida, hereinafter
referred to as "COUNTY" and Wild Pines of Naples, Phase II, LTD., hereinafter referred to as
"OWNER".
deferral: of impact fees as established in the Impact Fee Ordinance; and
7 WHEREAS, Collier County Ordinance No. 99-52, the Correctional Facilities Impact
8 Fee; Collier County Ordinance No. 88-97, as amended, the Collier County Library System
9 Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and
10 Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71. as amended,
11 the Collier County Emergency Medical Services System Impact Fee Ordinance: Collier County
12 Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance: Collier
13 County Ordinance No. 98-69, as amended, the Regional Water and/or Sewer System Impact Fee
14 Ordinance; and Collier County Ordinance No. 92-33. as amended, the Collier County
15 Educational Facilities System Impact Fee Ordinance. as they may be further amended from time
16 to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for deferrals of
17 impact fees for new' owner-occupied dwelling units qualifying as affbrdable housing; and
18 WHEREAS, Wild Pines of Naples, Phase II, LTD. is the duly authorized agent with
19 Alexander W. Nicholson, Jr. as its General Partner; and
20 WHEREAS, Wild Pines of Naples, Phase II, LTD. has applied for a deferral of impact
21 lees as required by the Impact Fee Ordinance, a copy of said application is on file in the Housing
22 and Urban Improvement Department; and
23 WHEREAS, the County Administrator or his designee has reviewed the OV~ER's
24 application and has found that it complies with the requirements for an affordable housing
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WHEREAS, the impact fee deferral 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 deferral; and
WHEREAS, the COUNTY approved a deferral of impact fees in the amount of Five
Hundred Fifty Five Thousand Nine Hundred Fifteen Dollars and 36/100 ($555,915.36) for six
years from date of deferred impact fees for Wild Pines of Naples Apartments embodied in
Resolution No. __, at its regular meeting of and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY.
NOW, THEREFORE, in consideration of the tbregoing recitals, the parties covenant
and agree as fbllows:
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 units (the
"Dwelling Unit") is attached hereto as Exhibit "A" and the site plan as Exhibit "B" and
incorporated by reference herein.
3. TERM. OWNER agrees that the Dwelling Unit shall remain affordable and shall
be offered for rent in accordance with the standards set forth in the appendix to the Impact Fee
Ordinance for a minimum of fifteen (15) years commencing from the date a certificate of
occupancy is issued for the Dwelling Unit.
4. REPRESENTATIONS AND WARRANTIES. OW-NER represents and warrants
the following:
a. The Dwelling Unit shall be the permanent residence of the occupant/tenant.
b. The household renting the Dwelling Unit must have aveor low or low- income level.
at the commencement of the leasehold and duration thereoL as that term is defined in
the Appendices to the respective Impact Fee Ordinances and the monthly rent must
be within the affbrdable housing guidelines established in the Appendices to th~'~
MAR 2 8 2000
1 respective Impact Fee Ordinances.
2 c. The Dwelling Unit shall remain affordable for at least fifteen (15) years from the date
3 the certificate of occupancy was issued.
4 5. SUBSEQUENT RENTAL OR TRANSFER. If OWNER rents the Dwelling Unit
5 subject to the impact fee deferral to a subsequent renter, the Dwelling Unit shall be rented only to
6 households meeting the criteria set forth in the Impact Fee Ordinance. The impact fees deferred
7 shall be immediately repaid to the COUNTY upon the discontinuance of use of the Dwelling
8 Unit as affordable housing, or six years from the date such impact fees are deferred? whichever
9 occurs first. OWNER agrees that even though the impact fees have been repaid to the
10 COUNTY, the OWNER will utilize the Dwelling Unit for affordable housing for at least fifteen
11 (15) years from the date the certificate of occupancy was issued for the D,x'elling Unit.
12 6. LIEN. The deferred impact tees shall be a lien upon the property which lien may be
13 foreclosed upon in the event of non-compliance with the requirements of this Agreement.
14 7. ANNUAL REPORT. Annually, the OWNER of the Dwelling Unit shall provide to
15 the Housing and Urban Improvement Department with an affidavit of compliance with the
16 affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance.
17 Said affidavit must be filed within thirty (30) days of the anniversary date of the issuance of the
18 certificate of occupancy. If the income of any unit renter which originally qualified as very' low
19 or low income level as defined in the respective Appendix to the Impact Fee Ordinance increases
20 by more than forty percent (40%) above the low income level described in the appendix, then the
21 per unit deferred impact fee on the non-compliance unit shall become immediately due and
22 payable by OWNER or, in the alternative, the OWNER shall have ninety (90) days to comply
23 with the Affordable Housing guidelines set forth in the respective Appendices.
24 8. RELEASE OF LIEN. Upon satisfactory, completion of the Agreement requirements,
25 and upon payment of the deferred impact fees. the COUNTY shall, at the expense of the
26 COUNTY. record any necessary' documentation evidencin~ such payment, incluaa;-'- ~,,,~ nnt
limited to. a release of lien. ] *~o.~
27
AR28 2000
be foreclosed or otherwise enfbrced by the COUNTY by action or suit in equit;
tbreclosure of a mortgage on real property. This remedy is cumulative with any o
1 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this
2 Agreement, their heirs, successors and assigns. In the case of sale or transfer by gift of the
3 Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said
4 impact fees are paid in full.
5 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
6 OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution
7 of this Agreement by the Chairman of the Board of County Commissioners.
8 11. DEFAULT. OWNER shall be in default of this Agreement (1) where O~v~ER
9 fails to rent the property in accordance with the affordable housing standards and qualification
10 criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due
11 within thirty (30) days of notice of said non-compliance, or (2) where OWNER violates one of
12 the affordable housing qualification criteria in the Impact Fee Ordinance tbr a period of fifteen
13 (15) days after notice of violation. However, with respect to the Annual Report, OV~ER shall
14 not be in default of this Agreement until a fifteen (15) day grace period from the due date of the
15 report has lapsed in the event the OWNER is in default.
16 12. REMEDIES. Should the OWNER of the property fail to comply with the said
17 qualification criteria at any time during the fifteen (15) year period or should OWNER violate
18 any provisions of this Agreement, the impact fees deferred shall be paid in full by
19 within thirty (30) days of said non-compliance. OWNER agrees that the impact tees deterred
20 shall constitute a lien on the property commencing on the effective date of this agreement and
21 continuing until paid. Such lien shall be superior and paramount to the interest in the Dwelling
22 Unit of any owner, lessee, tenant, mortgages, or other person except the lien for County taxes
23 and shall be on parity with the lien of any such County taxes. Should the OYvTqER be in default
24 of this Agreement and the default is not cured within thirty (30) days after written notice to the
25 OWNER, the Board may bring a civil action to enforce the Agreement. In addition, the lien may
26
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· as tbr th~
A GE.~ A ITr:Jwl
her
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remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs,
including attorney's fees, 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 deferral of Impact
Fees on the date and year first above written.
(2) Witnesses:
Print Name
Print Name
OWNER:
Wild Pines of Naples, Phase II. LTD.
By: Nicholson Limited Partnership, a Colorado
Limited Partnership
By:
Alexander W. Nicholson. Jr.
Its General Partner
(CORPORATE SEAL)
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
COUNTY:
BOARD OF COU~NTY COMMISSIONERS
OF COLLIER COUNTY. FLORIDA
Approved as to form and
legal sufficiency
BY:
Timothy' J. Constantine. Chairman
Heidi F. Ashton
Assistant County Attorney
MAR 2 8 2000
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j d/c/wildpines/agreement
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this __ day of ,
2000 by Alexander W. Nicholson, Jr., General Partner of Wild Pines of Naples. Phase II, LTD.
behalf of the Owners. He is personally known to me or has produced
(type of identification) as identification.
Signature of person taking acknowledgment
Name of Acknowledger Typed, Printed or Stamped
jd/c;xvildpines/agreement
MAR 2 8 2000
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RESOLUTION NO. 2000-
A RESOLUTION OF THE'BOARD OF COUNTY
COMMISSIONERS, COLLIER COLrNTY, FLORIDA
AUTHORIZING THE DEFERRAL OF LIBRARY
SYSTEM IMPACT FEES, CORRECTIONAL FACILITY
IMPACT FEES, PARKS AND RECREATIONAL
FACILITIES IMPACT FEES, ROAD IMPACT FEES,
SEWER IMPACT FEES, EMERGENCY MEDICAL
SERVICES IMPACT FEES, AND EDUCATIONAL
FACILITIES SYSTEM IMPACT FEES FOR
WILD PINES OF NAPLES APARTMENTS, A 104 UNIT
AFFORDABLE RENTAL HOUSING PROJECT.
WHEREAS, Collier County has recognized and attempted to address the lack of adequate
and affordable housing for moderate, low, and very. low income households in Collier CounD'
and the need for creative and innovative programs to as§ist in the provision of such housing by
including several provisions in the Collier County Growth Management Plan, including:
objective 1.4, policy 1.4.1, objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5,
policy 1.5.6; object 1.6, policy 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 Housing Element; and
'%VHEREAS, Wild Pines of Naples, Phase II, LTD. a Florida Limited Partnership, will
undertake the development of Wild Pines of Naples Apartments, a one hundred and four (104)
unit affordable rental housing community on a site located in Collier Coun¢', Florida, of
which Wild Pines of Naples, Phase II, LTD. is the owner; and
WHEREAS, on JanuaD' 14, 2000 an application was filed with the County
Administrator for the deferral of Collier County impact fees for the Wild Pines of Naples
Apartment project consistent ~vith the requirements of the County impact fee ordinances; and
WHEREAS, in accordance with Section 3.04 of the Correctional Facilities Impact Fee
Ordinance, Ordinance No. 99-52; Section 3.4 of the Library System Impact Fee Ordinance,
Ordinance No. 88-97, as amended; Section 3.04 of the Parks and Recreational Facilities
Impact Fee Ordinance, Ordinance No. 99-39; Section 3.04 of the Road Impact Fee
Ordinance, Ordinance No. 92-22, as amended; Section No. 3.04 of the Regional Water and
/or Sewer Systems Impact Fee Ordinance, Ordinance No. 98-69; Section 3.05 of the
Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as
amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordina ce,
MAR 2 $ 2000
1 Ordinance No. 92-33, as amended, an applicant may obtain a deferral of one hundred percent
2 (I 00%) of impact fees for a period of six (6) years by qualifying for said deferral; and
WHEREAS, Wild Pines of Naples Apartments has qualified for an impact fee
4 deferral based upon the following representations made by Wild Pines of Naples, Phase II,
5 LTD.
A. The Dwelling Unit shall be the permanent residence of the occupant/tenant.
B. The household renting the Dwelling Unit must have a very low or low income
level, at the commencement of the leasehold and duration thereof, as that term is
defined in the Appendices to the respective Impact Fee Ordinances and the
10
monthly rent must be within the affordable housing guidelines established in the
11
Appendices to the respective Impact Fee Ordinances.
12
C. The Dwelling Unit shall remain affordable for at least fifteen (15) years from the
13
date the certificate of occupancy was issued.
14
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
15 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
16 1. The Board of County Commissioners hereby authorized the deferral by Collier County of
17 the following impact fees in the amounts listed below for the one hundred and four (104)
18 affordable housing units to be developed by Wild Pines of Naples, Phase II, LTD. on the
19 Keller Entry Level site, R-90-6, as identified in Exhibits "A" and "B":
20 Each Unit 104 Units
21 A. Library System Impact Fees $ 180.52 $18,774.08
22
23 B. Road Impact Fees 952.00 99,008.00
24
25 C. Parks & Recreation Impact Fees: 820.84 88,367.36
26
27 D. Correctional Facilities Impact Fees: 117.98 12,269.92
28
29 E. Emergency Services Impact Fees 2.00 208.00
30
31 E. School Impact Fees 827.00 86,008.00
32
33 F. Sewer Impact Fees 1,575.00 163,800.00
34
35 G. City of Naples Water Impact Fees 870.00 90,480.00
36
37 Total Impact Fees to be Deferred $5,345.34 $555,915.36
38
MAR 2 8 2000
Deferral of said impact fees is subject to and contingent upon execution and recordation of
an Agreement for Deferral of Collier County Impact Fees which shall be entered into
between the applicant and County.
8 This Resolution adopted after motion, second and majority vote favoring same.
9 DATED:
10 ATTEST:
11
12 Dwight E. Brock, Clerk
13
14
15
16
17
18
19
20
21 Approved as to form
22 and legal sufficiency:
23
24
25 Heidi F. Ashton
26 Assistant County Attorney
27
28
29
30 jd/c/wildpines/reso
31
32
33
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLOR_IDA
By: Timothy J. Constantine, Chairman
EXECUTIVE SUMMARY
AUTHORIZATION OF A 750/0 DEFERRAL OF IMPACT FEES FOR ONE HOUSE TO BE
BUILT BY ERICKA ABRAMS AT 5013 CATALINA COURT, IN COLONY PINES, COLLIER
COUNTY.
OBJECTIVE:
The Board of County Commissioners accept the Resolution and Agreement for 75% deferral of
Collier County Impact Fees authorizing the payment of impact fees and appropriating the funds
for deferral of Correctional Facilities Impact Fees, Road Impact Fees, Library System Impact
Fees, Parks and Recreational Facilities Impact Fees, Emergency Medical Services System
Impact Fees, Educational Facilities System Impact Fees and Water and/or Sewer Impact Fees for
one house to be built by Ericka Abrams, with funds from the Affordable Housing Trust Fund.
CONSIDERATIONS:
Ericka Abrams has submitted an application for a 75% deferral of impact fees for one house to
be built by Ericka Abrams at 5013 Catalina Court in Colony Pines, Collier County, as a moderate
income, first time home buyer and qualifies for an impact fee deferral under the provisions of
the Impact Fee Deferral Ordinances. The cost of the house will be $79,900.00.
FISCAL IMPACT:
Funding for the proposed impact fee deferral is available in the Affordable Housing Trust Fund.
The total amount of impact fees requested to be deferred is $5,355.25.
a) Library System Impact Fee $ 135.39
b) Road Impact Fee 1,034.25
c) Parks Impact 615.63
d) EMS Impact Fee 10.50
e) Educational Systems Impact Fee 1,333.50
f) Correctional Facilities Impact Fee 88.48
g) Water Impact Fee 956.25
h) Sewer Impact Fee 1,181.25
Total Impact Fees to be Deferred
$5,355.25
GROWTH MANAGEMENT IMPACT:
The impact fee deferral will bring relief for a moderate income family in compliance with Policy
1.5.2 of the Housing Element of the Growth Management Plan.
NAR 2 8 200O
Executive Summary
Abrams Impact Fee Deferral
Page Two
RECOMMENDATION:
The Board of County Commissioners accept the Resolution and Agreement authorizing the
deferral of impact fees for a home to be built at 5013 Catalina Court, Colony Pines in Coliier
County, by Ericka Abrams, a moderate income family, and to direct the Finance Department to
immediately pay for these impact fees with State Housing Incentive Partnership (S.H.I.P.)
program revenue funds.
Prepared by':
, Joanne Dalbey, Plam~er II,
Housing and Urban Improvement
Date '¢~.,//~' ()
Reviewed by:
Greg MiflaliET, Director
Housing and Urban Improvement
Date
..~,,pp?ved by:
~fflNCENT A. CAUTERO, AICP, ADMINISTRATOR
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
jd/c/execsum/abrams
AGE~A ITEM
MAR 2 13 2000
1 RESOLUTION NO. 99-
2
3 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
4 COU.~TY, FLORIDA, AUTHORIZING A 75% DEFERIL~.L OF CORRECTIONAL
5 FACILITIES IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND
6 RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES.
7 EMERGENCY MEDICAL SERVICES IMPACT FEES, EDUCATIONAL
8 FACILITIES SYSTEM IMPACT FEES AND WATER Al,rD/OR SEWER IMPACT
9 FEES FOR ONE HOUSE TO BE CONSTRUCTED BY ERICKA .~d3R_~MS AT
10 5013 CATALINA COURT. COLONY PINES, IN' COLLIER COUNTY, FLORIDA.
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. seq., 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 WItEREAS, Ericka Abrams is seeking a 75% deferral of impact fees; and
25 WHEREAS, Ericka Abrams will construct a three (3) bedroom unit (the "Dwelling Un/t") at
26 5013 Catalina Court, Colony Pines, Collier County, Florida; which is proposed to sell for Seventy
27 Nine Thousand Nine Hundred Dollars ($79,900.00), and
28 WHEREAS, the Dwelling Unit will be owned by a moderate income household, and
29 ~YHEREAS, Ericka Abrams submitted to the office of the Housing and Urban Lmprovement
30 Department an Affordable Housing Application dated January 5, 2000 for a 75% deferral of impact
31 fees for the construction of a house at 5013 Catalina Court, Colony Pines, Collier County, Florida, a
32 copy of said application is on file in the Housing and Urban Improvement Department; and
33 WHEREAS, in accordance with Section 3.04 of the Correctional Facilities Impact Fee
34 Ordinance, Ordinance No. 99-52; Section 3.04 of the Library System Impact Fee Ordinance,
35 Ordinance No. 88-97, as amended; Section 3.04 of the Parks and Recreational Facilities Impact Fee
36 Ordinance, Ordinance No. 99-39; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No.
37 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance,
38 Ordinance No. 91-71, as amended; Section 3.05 of the Educational Facilities System Impact Fee
39 Ordinance, Ordinance No. 92-33, as amended; and Section 304 of the Regional Water and/or Sewer
-1-
MAR 2 8 20OO
1 System Impact Fee Ordinance, Ordinance No. 98-69, an applicant may obtain a 75% deferral of
2 impact fees by qualifying for a deferral; and
3 WHEREAS, Ericka Abrams has qualified for a 75% deferral of impact fees based upon the
4 following representations made by Ericka Abrams:
5 A.
6 B.
7
8
9
10 C.
tl D.
The Dwelling Unit shall be owned by a first-time home buyer.
The Dwelling Unit shall be owned by a household with a moderate income level as
that term is defined in the Appendices to the respective Impact Fee Ordinances and the
monthly payment to purchase the unit must be within the affordable housing
guidelines established in the Appendices to the respective Impact Fee Ordinances.
The Dwelling Unit shall be the Homestead of the owner.
The Dwelling Unit shall remain affordable for fifteen (15) years from the date the
12 certificate of occupancy is issued.
13 NOW, THEREFORE, BE IT RESOLVED BY THE
14 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
BOARD OF COUNTY
The Board of County Commissioners hereby authorizes the County Administrator to
issue an Authorization for 75% deferral of impact fees to Ericka Abrams for one (1)
house which shall be constructed at 5013 Catalina Court, Colony Pines, Collier
County, Florida.
Upon ript by the Housing and Urban Improvement Director of an agreement for
deferral signed by Ericka Abrams, or other documentation acceptable to the County
Attorney, the Board of County Commissioners hereby authorizes the payment 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
Catalina Court, Colony Pines, Collier County, Florida by Encka Abrams:
Total Impact Fee
A. Library Impact Fee $ 180.52
B. Road Impact Fee 1,379.00
C. Parks Impact Fee: 820.84
D. EMS Impact Fee 14.00
E. Educational Facilities Impact Fee 1,778.00
F. Correctional Facilities Impact Fee 117.98
G. Water Impact Fees 1,275.00
H. Sewer Impact Fees 1,575.00
Total Impact Fees $ 7,140.34
-2-
5013
75%De~rral
$ 135.39
1,034.25
615.63
10.50
1,333.50
88.48
956.25
81.25
5,355 .~/~lOA
2 8 2000
The pasqnent of impact fees by Collier County is subject to the execution and
recordation of an Affordable Housing Agreement for paymem of Collier County
Impact Fees between the property' owner and/or purchaser and the Count.,,'.
Based on sufficient evidence provided by Owner, Owner has demonstrated that a
subordination of the County's rights, interests and lien to that certain mortgage loan
from Suntrust Bank of Southwest Florida to Owner in the amount of $99.130.00 is
necessa~' to obtain financing to purchase the Dwelling Unit.
9 This Resolution adopted after motion, second and majority vote favoring same.
10
11
12 DATED:
13
14 ATTEST:
15 D~,~qGHT E. BROCK, Clerk
16
17
18
19
2O
21
22 Approved as to form and
23 legal sufficiency:
24
26 4 /
27 H~idi FTA~htsn
28 Assistant Count), Attorney
29
30
31
32 jd'cqmpfeesiabrams
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
BOARD OF Cou.rNT'f COMMISSIONERS
COLLIER COUNTY, FLOR/DA
By:.
TIMOTHY J. CONSTANTiNE, CHAIR_MAN
-3-
HAR 2 8 2000
EXHIBIT "A"
COLONY PINES
LEGAL DESCRIPTION
LOT NO. 18
Commence at the Northwest corner of Lely Villas Unit l as
Plat Book 2, Page 106, of the Public Records of Collier
88°, 43', 14" East along the North line of said Lely
N'orth 01% 16', 46" West for 40 feet to the Point of Beginning;
Thence mn South Sg% 43% 14" West for 21.00 feet; thence m
for 50.00 feet; thence run North 88*, 43', 14" East for 42.00
16', 46" East for 50.00 feet; thence mn South $8% 43', 14"
Point of Beginning;
All being in and a par~ of the Southwest ¼ of Section 18,
East and containing 0.0482 acres, more or less.
in Condominium
Florida, and mn North
for 467 feet; thence mn
blonh 01°, 16' 46" West
thence run South 01°,
for 21.00 feet to the
ship 50 South, Range 26
P~ed/,.bY:
MAR 2 8 2000
BOUNDARY SURVEY
,,, ATALINA COURT !~ ..~.-
~a~ /,,.-- £. O.P. ,~.$.~
8~782 N~'43'1~'~ 4Z~' L9~7~2
COMMON AREA ~ ~o~~s ,~-- ~ ~ COMMON AREA
-- ~/ 30' O.E.
MAR 2 8 2000
AGREEMENT FOR 75% DEFERRAL OF COLLIER COUNTY IMPACT FEES
This Agreement for the 75% Deferral of Impact Fees entered into this __ day of
, 2000 by and between the Board of County Commissioners of Collier
County, Florida, hereinafter referred to as "COUNTY" and Ericka Abrams, hereinafter referred
to as "OWNER."
WITNESSETH:
WHEREAS, Collier County Ordinance No. 99-52, the Correctional Facilities Impact Fee;
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; the Collier County
Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee
Ordinance; and the Collier County Ordinance No. 98-69, the Regional Water and/or Sewer
Systems hnpact 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 ne;v
owner-occupied dwelling units qualifying as affordable housing; and
WHEREAS, OWNER has applied for a 75% deferral 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 75%
deferral 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 deferral and
tdAR 2 El 2000
WHEREAS, the COUNTY approved a 75% deferral of impact fees for OWNER embodied in
Resolution No. 2000-__ at its regular meeting of ,2000; and
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 xvith the standards set forth in the
appendices to the Impact Fee Ordinance for a period of fifteen (15) years
commencing 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 moderate 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;
I,,tAR 2 8 2000
o
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 $5,355.25 pursuant to the Impact Fee
Ordinance. In return for the 75% deferral of the impact fees owed by
OWNER, OWNER covenants and agrees to comply with the affordable
housing impact fee deferral qualification criteria detailed in the Impact Fee
Ordinance.
SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the
impact fee deferral 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.
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.
LIEN. The deferred 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. The COUNTY and OWNER agree that all of the COUNTY'S fights,
interests and lien arising under this Agreement shall be made junior, inferior and
subordinate to the first mortgage loan to OWNER.
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 deferred impact fees, and upon payment of the deferred impact.
3 2 8 2000
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.
BINDING EFFECT.
Agreement and their
9. This Agreement shall be binding upon the parties to this
respective heirs, personal representatives, successors and
assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original
OWNER shall remain liable for the impact fees waived until said impact fees are paid
in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In
addition, this Agreement shall run 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 OWNER
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. OWNER agrees that
the impact fees deferred shall constitute a lien on the Dwelling Unit commencing on
the effective date of this Agreement and continuing until repaid. -
4
2001]
Except as set forth in Section 7, 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 foreclosed or otherwise enforced by
the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real
property. This remedy is 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/Deferral of Impact Fees on the date and year first above written.
Witnesses:
OWNER:
Ericka Abrams
STATE OF "7~:',~f-~I ~,~ )
COUNTY OF ~.;,, ~','z. )
The foregoing instrument was acknowledged before me this ,/~' day of
2000, by Ericka Abrams. She is personally known to me or produced ,2)~ ~ ~ype
of identification) as identification. ,/~; ~5"~-~
[NOTARIAL SEAL] .~/'Signature of Person Taking Acknowledgmei t AC/.J~A
~"~ ~, ~-e MY COMMISSION ~ CC 73961'
{ JMAR 2 8 2000
5 L1-800-3-NOTARY Fla No~xry S~'viccs & Bonding 'o
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMISSIONERS
COLLIER COUNTY, FLORIDA
By
TIMOTHY J. CONSTANTINE, CHAIRMAN
Approved as to form and
legal sufficiency
I-feidi F. A~hton-' '
Assistant County Attorney
jd/c/impfee/abrams
MAR 2 8 2000
EXHIBIT "A"
COLONY PINES
LEGAL DESCRIPTION
LOT NO. 18
Commence at the Northwest corner of Lely Villas Unit I as
Plat Book 2, Page 106, of the Public Records of Collier Cour
88% 43', 14" East along the North line of said Lely Villas
North 01°, 16', 46" West for 40 feet to the Point of Beginning;
Thence run South 8g°, 43', 14" West for 21.00 feet; thence ru,
for 50.00 feet; thence run North 88°, 43 ', 14" East for 42.00
16', 46" East for 50.00 feet; thence run South 88°, 43', 14"
Point of Beginning;
All being in and a part of the Southwest 'A of Section 18,
East and containing 0.0482 acres, more or less.
in Condominium
Florida, and run North
for 467 feet; thence mn
North 01°, 16' 46" West
I; thence run South 01°,
for 21.00 feet to the
ship 50 South, Range 26
/William C. M~Anly, P,S.M.
Florida Registration No. 1543
MeAnly Engineering and Design, Inc.
5435 Park Central Court
Naples, Florida 34109
2000
.,.
BOUNDARY
SURVEY
~.TALINA COURT
/.,.- £.O.P.
N,IdL
LIP.
COLONY PINES
COMMON AREA
LOT 18 q
COLONY P1NIgS
COMMON AREA
/
/
/
F,C.M,
~4~
NORTHWEST
LELY VILLAS UNIT
P.O.C.
NOTES;
ADDRE~S: 5013 CATAUNA COURT
ELEVATIONS SHOV~ HEREON ARE B'
BEARINOS ARE BASED ON ME NOR
OK LELY ~LLAS UNIT 1 = S8
NO UNDERGROUND I~PRO~M[NTS ~
NO UNDErGrOUND FOO~NgS
~ER[ A~C NO ENCROACHMENTS El
ONLT [ASCMENTS ON RECO~0~D
FIR~, PANEL No. ~2OO8~ 080~ ~ (
I.~AL
COLONY PINES. LOT 18 - SEE ATT,
ERICKA ABRAMS: S!.JNT~UC.;T BANK
30' D.E.
LBj~782
OF
;ED ON N.G,V.D.
IERLY PROPERTY LINE OF'
13'1 ~'W,
,vt BE~N LOCATED EXCEPT AS SHOWN. -~T~ ~L~
EEN LOCATED EXCEPT AS SHO~.
IER ON OR OFF PROPERTY UNLESS O'~R~SE
T OR ~OS~ FUrNISHeD SUR~TOR AR~
-3--g2) INDICA~S ~AT ~E PROPCR~ IS IH ZONE 'AE' (7.0).,
HED SHEET ro~ LEGAL DESCRIP~ON
:ts mucce~J~orm ond/or o~,lgn~ MONK CUSTOM HOMES. INC,
tho[ en obov~ 9e3und Survey of lh obov~ ds~crlbed proper~y wes mode under my dlrmctl~ and [hat the survey ondl
s~a~ch ~re o¢~uro~e [o ~he beg[ 0 ~y knowledge end b~lt~f, I further c~rtlfy that th}a survsy meets ~he Minimum I
Cer~iflcg~Jon J~ only for the tond~ , described, It Is not o certification of T~t e, Zoning. Easement~, Freedom from I
E~cumbroncee or con~[~ctlon set Ick restrlcUona. ~atrd~t not te~ow~d. ~l$ Su.voy e subMct to eo~emen~s I
r .... · T V~UO U~ ~EO
McANLY ENGINEi~ ~ING ~,- ,--I ..... -.-.1 ~ ~o~ ~
/
...... ~~ ~5.~~ ~'~ ~ I ~ ~X ~"~
............... m~~ ! I
~A I
VlAR 2 8 2000
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMISSIONERS
COLLIER COUNTY, FLORIDA
By.
TIMOTHY J. CONSTANTINE, CHAIRMAN
Approved as to form and
legal sufficiency
~eidi F. Ashton- '
Assistant County Attorney
jd/c/impfee/abrams
6
~AR 2 8 2000
EXECUTIVE SUMMARY
RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.732, "CREATIVE
EXCAVATING, U 39, TR 68" LOCATED IN SECTION 5, TOWNSHIP 48, SOUTH, RANGE 28 EAST: BOUNDED
ON THE EAST, SOUTH, AND WEST BY VACANT LAND ZONED ESTATES, AND ON THE NORTH BY 54TM
AVENUE, N. E..
OBJECTIVE:
To issue an excavation permit to Creative Excavating for the project known as "Creative Excavating, D 39, Tr
68" in accordance with County Ordinance No. 92-73, Div. 3.5.
CONSIDERATIONS:
The Petitioner proposes to excavate one lake with a surface area of 1.9 acres (+/-) to a depth of 15(+/-) feet.
The resultant 30,000 (+/-) C.Y. of fill will be used off site. Because the site is well under the 500,000 C.Y.
criteria, EAC approval was not required. The duration of the excavation ~vill be less than one year.
FISCAL IMPACT:
The Community Development Fund, Development Services (11313890032940000000) has or will receive
$998.00 in revenues broken out as follows:
Application Fee
Permit Fee
$ 850.00
$148.00
$998.00TOTAL FEES
A security in the amount of $10,000 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 $3,000
GROWTH MANAGEMENT IMPACT:
None.
RECOMMENDATION:
That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.732 to Creative
Excavating for the prOJect known as "Creative Excavating, U 39, Tr 68" with the following stipulations:
1. The excavation shall be limited to a bottom elevation of 15 feet below grade.
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). Hours of operation shall be limited to
7:00 AM to 5:00 PM, Mon. thru Fri., excluding holidays.
o
Dewatering is not allowed.
No blasting will be permitted.
gAR 2 8 2000
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.
The lake littoral zone shall be created and planted as indicated on the Plan of Record. Location to be
field determined. Additional landscaping per BCC directive may be required.
No Excavation Permit shall be issued until all impact fees have been paid.
PREPARED BY:
STAN CHRZANOWSKI, P.E.
SENIOR ENGINEER
DATE
REVIEWED BY:
THOMAS E. KUCK, P.E.
ENGINEERING REVIEW MANAGER
RDBI~RT J. MULHERE, AICP
PLANNING SERVICES DEPARTMENT DIRECTOR
DATE
DA
APPROVED/BY:
VINCENT A. CAUTERO, AICP, ADMINISTRATOR
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
59.731 EX SUMMARY/SC/H/EAB Exec. Summ.
2000
S.R. 29
EXECUTIVE SUMMARY
RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.731, "JIM WEEKS
COMMERCIAL EXCAVATION TR 93, U 72" LOCATED IN SECTION 28, TOWNSHIP 48, SOUTH, RANGE 28
EAST: BOUNDED ON THE NORTH, SOUTH, AND WEST BY VACANT LAND ZONED ESTATES, AND ON THE
EAST BY DESOTO BOULEVARD.
OBJECTIVE:
To issue an excavation permit to Jim Weeks for the project known as "Jim Weeks Commercial Excavation, Tr
93, U 72" in accordance with County Ordinance No. 92-73, Div. 3.5.
CONSIDERATIONS:
The Petitioner proposes to excavate one lake with a surface area of 2.12 acres (+/-) to a depth of 14(+/-) feet.
The resultant 36,000 (+/-) C.Y. of fill will be used off site. Because the site is well under the 500,000 C.Y.
criteria, EAC approval was not required. The duration of the excavation will be less than one year.
FISCAL IMPACT:
The Community Development Fund, Development Services (11313890032940000000) has or will receive
$1016.00 in revenues broken out as follows:
Application Fee $ 850.00
Permit Fee $166,00
$1016.00
TOTAL FEES
A security in the amount of $10,000 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 $3,700
GROWTH MANAGEMENT IMPACT:
None.
RECOMMENDATION:
That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.731 to Jim Weeks
for the project known as "Jim Weeks Commercial Excavation" with the following stipulations:
1. The excavation shall be limited to a bottom elevation of 20 feet below grade.
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). Hours of operation shall be limited to
7:00 AM to 5:00 PM, Mon. thru Fri., excluding holidays.
Dewatering is not allowed.
No blasting will be permitted.
~AR 2 8 2000
Pg. / ,~
The petitioner must apply for a Vegetation Removal Permit. Environmental Staff shall perform a site
v~sit 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.
The lake littoral zone shall be created and planted as indicated on the Plan of Record. Location to be
field determined. Additional landscaping per BCC directive may be required.
No Excavation Permit shall be issued until all impact fees have been paid.
PREPARED BY:
STAN CHRZANOWSKI, P.E.
SENIOR ENGINEER
DATE
REVIEWED BY:
THOMAS E. KUCK, P.E.
ENGINEERING REVIEW MANAGER
DATE
OB~RT J. MULHERE, AICP
PLANNING SERVICES DEPARTMENT DIRECTOR
DATE
APPROVED BY:
VINCENT A. CAUTERO, AICP, ADMINISTRATOR
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
DATE
59.731 EX SUMMARY/SC/H/EAB Exec. Summ.
MAR 2 8 2000
S.R. 29
MAR 2 8 2000
EXECUTIVE SUMMARY
FINAL ACCEPTANCE OF WATER FACILITIES FOR
YARBERRY LANE HOUSE OF WORSHIP
OBJECTIVE: The Board of County Commissioners, Ex-Officio the
Gcverning Board of the Collier County Water-Sewer District, to
accept the conveyance of the water facilities.
CONSIDERATIONS:
I) The Developer of Yarberry Lane House of Worship, has
constructed the water facilities withifl dedicated easements to
serve this development. See attached location map.
2} Preliminary acceptance was approved by the Community
==.,,elopment and Environmental Services staff on December 30,
in accordance with Ordinance 97-17.
1997,
3) Staff has recorded all appropriate legal documentation which
had been reviewed by lhe County Attorney's office for legal
sufficiency.
4) The water facilities have been operated and maintained by the
Collier County Water-Sewer District during the one 1) year
warranty period.
5) A final inspection to examine for any defects in materials
and workmanshmp was conducted by the Community Development and
Environmental Services Division szaff and found to be
sazisfacZory.
6) The Utilities Performance Security (UPS), in the form of a
Cash Bond in the amount of $3,349.70, will be released to the
Project Engineer or the Developer's designated agent upon the
Boards approval.
FISCAL IMPACT: The water facilities were constructed without cost
to the Collier County Water-Sewer District. The cost of operating
and maintaining the water facilities will be paid by monthly user
revenues.
$ 2000
ExecuYive Summary
Yarberry Lane House of Worship
Page Two
GROWTH MA/~AGF/4ENT IMI~ACT: This project has been connected to the
County Regional Water Treatment Plant. Capacity presently exists
to serve Yhis project.
RECOMMENDATION: The Community Development and Environmental
Services Division Administrator recommends that the Board of
County Commissioners, Ex-Officio the Governing Board of the
Collier County Water-Sewer District, accept the water facilities
for Yarberry Lane House of Worship, and release the UPS to the
Projec~ Engineer or the Developer's designated agent.
PREPARED BY:
Shirley Nix, Engineering Technician II
Engineerlng Review Services
Date
REVIEWED BY:
Thomas E. Kuck, P.E.
Engineering Review Services Manager
Date
Rd0ert/Mulhere, AICP
Planning Services Department Director
Date
APPROVED BY: ./
vincenr':A, dau:ero, AICP, Administrator
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES
Date
MAR g 8 2000
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Official Receipt - Collier County Board of County Commissioners
CDPR1103 - Official Receipt
Trans NUmber Date - Post Date
37102 9119/97 8i37:20 AM - 9119197
Payment s!.ip Nbr
MS 23269
GULFSHORE JEHOVAH'S WITH
YARBERRY LANE HOUSE OF WORSHIP
Payor ' GULFSHORE JEHOVAH
Fee Information
Fee Code Description GL Account Amount Waived
12BOND DEPOSITS-COMM DEV (CASH BO-ND)67000~00022011300060 $33'4§.70-
Total $3349.~0
Payment Code Account/Check Number
CHECK 940889893
Memo:
Payments
Amount
$3349.70
Total Cash $0.00
Total Non-Cash $3349.70
Total Paid $3349.70
Cashier/location: FROLOFF E / 1
User: NIX S
Collier County Board of County Commissioners
CD-Plus for Windows 95/NT
MAR g 8 ZOO0
Printed:0/10/07 8:38:02 AM
PAY
ORDE~
++THREE THOUS~qNI) THREE HUNDRE]) FORTY NI~E IX)LLARS ~ 78 CENTS~
+~.CDLLIER COUNTY BOARD DF COUNTY~
~mCD~MISSIO~ERS~
MAR 2 8 2000
EXECUTIVE S~RY
REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "PELICAN MARSH
UNIT NINETEEN", 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 "Pelican Marsh Unit
Nineteen", a subdivision of lands located in Section 25, 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 "Pelican
Marsh Unit Nineteen". 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
improvements, together with a Construction and Maintenance Agreement
for Subdivision Improvements, shall be provided and accepted by the
Planning Services Director and the County Attorneys office prior to
the recording cf 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 "Pelican
Marsh Unit Nineteen" be approved for recording.
FISCAL IMPACT:
The fiscal impact to the County is as follows.
The project cost is $210,382.85 (estimated) to be
borne by the developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $ 61,709.00
- $148,673.85
The Security amount, equal to 110% of the
project cost, is $231,421.14
AG E~[~A 17F~
MAR g 8 2000
Pg. /
Executive Summary
Pelican Marsh Unit Nineteen
Page 2
The County will realize revenues as follows:
Fund: Community Development Fund 113
Agency: County Manager
Cost Center: 138900 - Development Services
Revenue generated by this project:
Total: $4169.88
Fees are based on a construction estimate of
$210,382.85 and were paid in March, 1999.
The breakdown is as follows:
a) Plat Review Fee ($425.00 + $4./ac)- $ 435.00
b)
c)
Paving, Grading (1.3% const, est.)
GROWTH MANAGEMENT IMPACT:
Construction Drawing Review Fee
Water &
Sewer (.50% const, est.) - $ 308.55
Drainage,
Paving, Grading (.42% const, est.)- $ 631.86
Construction Inspection Fee
Water &
Sewer (1.5% const, est.) - $ 925.64
Drainage,
- $1868.83
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
"Pelican Marsh Unit Nineteen" for recording with the following
stipulations:
Approve the amount of $231,421.14 as performance security
for the required improvements.
Approve the standard
Agreement, and
form Construction
and Maintenance
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.
MAR 2 $ 2000
Executive Summary
Pelican Marsh Unit Nineteen
Page 3
PREPARED BY:
John R. HouIdsworth, Senior Engineer
Engineering Review
REVIEWED BY:
Thomas E. Kuck, P.E.
Engineering Review Manager
Date
Date
Robert Mulhere, AICP
Planning Services Department Director
APPROV~T~BY:
Vincent A. Cautero, AICP, Administrator
Community Development & Environmental Services
Date
Date
j rh
MAR g 8 2000
COLLIER
COUNTY,
FLORIDA.
UNIT
GOLF
TWO
UNI~ FIV~
VICTORIA
PARK
UNIT
NINE
UNIT TEN
PELICAN MAI~H
ASTOt
GARDA
TUBURON
PINE
RIDGE
MONTEREY
LOCATION MAP
~g~Y
AGENI~& IT, EM~ ~
MAR 2 8 2000
EXECUTIVE SUMMARY
REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "WHITE LAKE
CORPORATE PARK, PHASE THREE", 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 "White Lake Corporate
Park, Phase Three", a subdivision of lands located in Section 35,
Township 49 South, Range 26 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 "White Lake
Corporate Park, Phase Three" 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 improvements, together with a Construction and Maintenance
Agreement for Subdivision Improvements, shall be provided and
accepted by the Planning 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 "White
Lake Corporate Park, Phase Three" be approved for recording.
FISCAL IMPACT:
The fiscal impact to the County is as follows.
The project cost is $777,746.36 (estimated) to be
borne by the developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $258,790.74
- $518,955.62
The Security amount, equal to 110% of the
project cost, is $855,520.99
MAR 8 2000
Pg. /
Executive Summary
White Lake Corporate Park, Phase Three
Page 2
The County will realize revenues as follows:
Fund: Community Development Fund 113
Agency: County Manager
Cost Center: 138900 - Development Services
Revenue generated by this project:
Total: $14,783.05
Fees are based on a construction estimate of
$743,132.25 and were paid in July, 1999.
The breakdown is as follows:
a) Plat Review Fee ($425.00 + $4./ac)- $ 785.00
b)
c)
Paving, Grading (1.3% const, est.)
GROWTH MANAGEMENT IMPACT:
Construction Drawing Review Fee
Water &
Sewer (.50% const, est.) $1293.95
Drainage,
Paving, Grading (.42% const, est.)- $2205.56
Construction Inspection Fee
Water &
Sewer (1.5% const, est.) - $3881.86
Drainage,
- $6616.68
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
"White Lake Corporate Park, Phase Three" for recording with the
following stipulations:
Approve the amount of $855,520.99 as performance security
for the required improvements.
Approve the standard
Agreement, and
form Construction
and Maintenance
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.
AGE A~IT ~
NO. ~['J
MAR 2 8 2000
Executive Summary
White Lake Corporate Park, Phase Three
Page 3
PREPARED BY:
Jo~hn R. Houldsworth, Senior Engineer
Engineering Review
REVIEWED BY:
T~o~as E. K~ck, P.E.
Engineering Review Manager
Date
Date
Robert Mulhere, AICP
Planning Services Department Director
AP~mROVED BY:
Vincen~ A. Cautero, AICP, Administrator
Cemmunity Develepment & Envirenmental Services
Date
Date
j rh
MAR g 8 2000
IWW
VICINITY MAP
N.T.~
MAR 2 8 2000
EXECUTIVE SUMMARY
FINA~ ACCEPTANCE OF WATER FACILITIES FOR
ST. CROIX A~ARTMENTS AT PELICAN MARSH
OBJECTIVE: The Board of County Commissioners, Ex-Officio nhe
Governing Board of the Collier County Water-Sewer District, to
accemn the conveyance of the waker facilities.
CONSIDERATIONS:
1) The Developer_ ~ of St. ~oix Apartments~ ~ Pelican Marsh, has
conslrucUed the wauer fac'~ies~==~ within dedicated easements to
serve nhis development. See attached location map.
21 Preliminary acceptance was approved by zhe Community
3eve!opment ans Environmental Services s~aff on February 18,
in accordance with Ordinance 97-17.
1999,
3) Staff has recorded all appropriate legal documentation which
had been reviewed by zhe County AtZorney's office for legal
sufficiency.
z'~ The water facilities have been operated and maintained by the
Collier Sounty Water-Sewer District during Ehe one 1) year
warranEy period.
~i A final inspecuion to examine for any defects ~n materials
wcr~:,,an~n.~ was conducted by the Community Developmenu and
Environmental Services Division staff and found ~o be
satisfactory.
6) The Utilities Performance Security (UPS), in the form of an
irrevocable Standby Letter of Credit No. B501536 will be released
to ~he Project Engineer or ~he Developer's designated agent upon
the Boards approval.
FISCAL I~PACT: The water facilities were constructed without cost
to the Collier County Water-Sewer District. The cost of operating
and maintaining the water facilities will be paid by monthly user
revenues.
MAR 2 8 2000
Pg. l
ExecuUive Summary
St. Croix Apartments
Page Two
GROWTH MANAGF24ENT IMI~ACT: This project has been connected to the
County Regional Water Treatment Plant. Capacity presently exists
to serve this project.
RECOMMENDATION: The Community Development and Environmental
Services Division Administrator recommends that the Board of
County Commissioners, Ex-Officio the Governing Board of the
Collier County Water-Sewer District, accept the water facilities
for St. Croix Apartments, and release the UPS to the Project
Engineer or the Developer's designated agent.
PREPARED BY:
Shirley Nix, Engineering Technician II
Engineering Review Services
Date
REVIEWED BY:
Thomas E. Kuck, P.E.
Engineering Review Services Manager
Date
Robert ~ulherel ~-'"~------'~' AICP ....
Planning Services Department Director
Date
APPROVED/BY:
Vin{ent A. Cau~ero,
AICP, Administrator
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES
Date
MAR 2 8 2000
Bim~lngham:
TELEX: 6827189
Cable: AMSOUBKBHM
S.W.I.E-T, AMSB US 44
AMSOUTH BAN K Ir~emMIol~l
]'AMPA, FLORIDA U.S.A. Mobile.'
(PLEASE DIRECT ALL CORRESF'ONDENCE TO SERVICING ADDRESS TELEX: 6821116
INDICATED IN TEXT BELOW) Cable: AMSOMBL
S.W.I.IET. AMSB US 44
DATE: FEBRUAI:~Y 04, 1999
BENEFICIARY:
THE BOARD OF' COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
GOVERNMENT COMF'L_EX
NAPLES, FLORIDA 34112
BY ORDER OF OUR CLIENT, ST. CROIX APARTMENTS AT PELICAN MARSH,
INC. 4288 SILVER Fi'OX DRIVE NAPLES, FL 34119 WE HEREBY OPEN OUR
IRREVOCABLE LETTER OF CRFDIT NO. B501536 IN YOUR FAVOR, FOR AN
AMOUNT NOT TO EXCEED THE AGGREGATE OF' U.S. DOLLARS 28,265.82
(U.S.. DOLL_ARS TWENTY E]ZC')I"F¥ THOUSAND TWO HUNDRED SIXTY FIVE
82/100 LJ.S. DOLLARS ) EFF'ECTIVE IMMEDIATELY AND EXPIRING AT
AMSOUTH BANI<, ].900 FIFTH AVI"-NIJE NORTH, BIRMINGHAM, ALABAMA 35203
ATTN: INTERNATIONAL. SERVICES, ON FEBRUARY 03, 2000.
FUNDS UNDFR~ THIS LETTER OF' CREDIT ARE AVAILABLE AGAINST YOUF<
SIGHT DRAFT(S) Obi AMSOUTH BANK, TAMPA, FLORIDA MENTIONING
THEI~I!"'ON OUR CRE:DIT NUMBER B501536.
EACH SUCH DRAFT MUST BE:' ACCOMF'ANIED BY YOUR SIGNED WRITTEN
STATFMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYIPlG
THAT:" ST. CROIX AF'ARTMENTS AT PELICAN MARSH, INC. HAS FAILED TO
CONS'~F(UCT AND/OR MAIh['YAIN THE] WATER AND SEWER
I MF'ROVEMENTS AS SHOWN ON THE] F'LANS FOR THE BOARD OF COUNTY
C(]I~MISSI(]NIE!:~S C(]L_L..]iEI:~ COUNTY, F'LORIDA OR A FINAL
INSPECTION SA]']]SFACTORY TO COLLIER COUNTY, PURSUANT TO
COLLIER COUNTY ORDINANCE NO. 97-17, AS AMENDED, HAS NOT BEEN
PERFORMED F'R!OR TO THE DATE] OF EXPIRY, AND SATISFACTORY
ALTERNATIVE ERFORMANCE SECURITY HAS NOT BEEN PROVIDED TO AND
FORMALLY ACCEPTEI) BY THE BENEFICIARY."
THIS LE'YTER OF:' CF4EDIT IS iRREVOCABLE I:'OR ONE YEAR FROM DATE OF:'
ISSUE, HOWEVER, IT WILL ~":,E; AUTOMATICALLY RENEWED WITHOUT
AMENDMENT F'OF;.' SUCCESSIVE PERIODS OF ONE (1) YEAR EACH, UNLESS AT
LEAST SIXTY (60) DAYS PRIOR TO THE INITIAL EXF'IRATION DATE OR
ANY SUCCESSIVE EXPIRATION DATE THE ISSUING T4ANK GIVES THE
BENEFICIARY NOTICE BY REGISTERED LETTER TO THE ADDRESS ABOVE
THAT THE ISSUING BANK ELECTS NOT TO HAVE THIS LETTER OF CREDIT
RENEWED FOR SUCH ADDITIONAL ONE YEAR F'ERIOD.
DRAFT(S) DRAWI'q HEREUNDER MUST BE MARKED "DRAWN UNDEF( AMSOUTH
BANI< TAMF'A, FLORII)A STANDBY LETTER OF CREDIT NUMBER B501536
DATED FEBRUAF;~Y 04, :L999."
****COI,ITINLIEI) Old NEXT PAGE***:*
MAR g 8 000
AmSouth Bank
AMSOUTH BANK
International Servtc#
Birmlnel'mm:
TELEX: 6827189
Cable: :AMSOUBKBHM
S.W. LET. AMSB US 44
: TEtJEX: 6821t:16
*TAMF'A, FLORIDA U.S.A. ~ .'
(F'LEASE DIRECT ALL COF,:RESF'ONDENCE TO SERVICING ADDt:I3ESS._~
AMSOMBL
....... S.W,I~F:r'. AM.SB U~ 44
INDICATEI) IN TEXT BELOW) .....
ANY DRAF'¥ DRAWN UNDER THIS CREDIT MUST AT THE TIME [iF NEC,-OTIATION
BE E[NDORSED ON THE REVERSE SIDE OF THIS FORM AND THE PRESENTATION
OF- ANY DRAFT SHALL BE A WARRANTY BY THE NEGOTIATING BANK THAT
SUCH ENI)ORSEMENT HAS BEEN MADE. THIS CREDIT MUST BE ATTACHED TO
ANY DRAf:T WHICH IS PRESENTED DIRECT TO US.
WE HEREBY ENGAGE WITH BONA FIDE HOLDERS THAT DRAFTS DRAWN
STh,.[~L'~ IN COMF'LIANCE WITH THE TERMS OF THIS CREDIT AND
AME]4I)MEiNTS SHALL MEET WITH I)UE FIONOR UPON PRESENTATION.
TH, IS CREiDI'T IS SUBJECT T[) THE-' UNIFORM CUSTOMS AND PRACTICE FOR
I)CC]L. MENTAFi,'Y ,~KE.D.[To (1993 REV), INTERNATIONAL CHAMBER OF COMMERCE
F'UE':L. ICATI3N NO. 5OO.
~ AU'I"HOR I Ziii~% l GIqAT~Jl-71E '
MAR
Pg.
AmSouth Bank
Posl Office Box 41
Napl~:, Florida -'-¢~41-3031
The Board of County Commissioners
Collier County, Florida
Government Complex
Naples, Fl 34112
Re: St. Croix Letter of Credit # B501536
February 17, 1999
To Whom It Max' Concern.
In reference to the Letter Of Credit on the above customer, in the amount of $28,265.82, be
assured that the funds can be drawn locally at:
AmSouth Bank
4851 Tamiami Tr. N.
Naples. F1 34103
Sincerely.
Timo~thv/'J M cL'L~e~~*'--
Vice President
AmSouth Bank
Commercial Real Estate
(
AGEN I
N~AR 2 8 2000
pg. ~
LOCATION MAP
MAR ,8 8 2000
EXECUTIVE SUMMARY
AWARD BID 99-3005 TO SELECTED FIRMS FOR MANHOLE, LIFT STATION AND
WET WELL REHABILITATION CONTRACTING SERVICES.
OBJECTIVE: That the Board of County Commissioners, as Ex-Officio the Governing Board of
the Collier County Water-Sewer District, award annual contract agreements to selected finns for
manhole, lift station, and wet ~vell rehabilitation contracting services on an as-needed basis.
CONSIDERATIONS: The Wastewater Department has a continuing need for rehabilitation
contracting services for repairing faulty sewer manholes, wet wells and lift stations. Staff will
identify rehabilitation work projects requiring the applicable manhole, wet well, or lift station
rehabilitation method and issue work orders to initiate the work. Other County Departments can
also utilize these contracts for work requiring similar structural rehabilitation in underground
structures.
Bid documents were prepared for three different categories of manhole, lift station & wet well
rehabilitation with a mandatory fourth category for common tasks applicable to all the three
methods of rehabilitation. A bidder was free to bid more than one category but would be
evaluated on a category-by-category basis for lowest bid and qualifications meeting the bid
requirements. Minimum experience and qualifications for bidders were specified for each
category.
On November 12, 1999, one hundred and eight invitations to bid this project were sent out.
Thirty-five sets of bid documents were requested by interested bidders. On December 22, 1999,
six bidders submitted bid packages for one or more categories as summarized in the following
table:
BID CA TEGOR Y
BIDDER A B C
Paints and Coatings, Inc. - X -
Specific Rehabilitation Company, Inc. (SPERCO) X n n
Pressure Concrete, Inc. - -
Coastal Gunite Construction Company - - X
Chaz Equipment Company, Inc. - - X
Suncoast Environmental International, Inc. n n n
'X' = Bid Received for Specified Method; 'n' = Bid Received with Non-Specified Method.
Executive Summary
Award Bid 99-3005 Manhole, Lift Station, and Wet Well Rehabilitation Contracting Services
Page 2
The six bidders bid on one or more of the three Categories A, B, and C. Upon review of the six
bids, the following firms are being recommended for selection for the following three categories:
Categor3' A - Cast-in-Place Plastic Lining Rehabilitation Contract: Only one bid, received from
the firm, Specific Rehabilitation Company, Inc. (SPERCO), met the required specifications.
Suncoast Environmental International, Inc. submitted an alternate method not specified and this
bid is deemed non-responsive. Staff recommends awarding a contract to SPERCO, Inc., who is
the lowest bidder for the Cast-in-Place Plastic Lining Rehabilitation Contract.
Category B - Sealing and Coating with Resin Lining Rehabilitation Contract: Three bids were
received of which only one firm, Paints and Coatings, Inc., met the required specifications. The
other two firms, SPERCO and Suncoast Environmental~ bid alternate methods not specified and
their bids are deemed non-responsive. Staff recommends awarding a contract to Paints and
Coatings, Inc., who is the lowest bidder for the Seal and Coat with Resin Lining Rehabilitation
Contract.
Category C - Cementitious Lining Rehabilitation Contract: Five bids were received of which
only three firms: Chaz Equipment Company, Inc., Pressure Concrete, Inc., and Coastal Gunite
Construction Company met the required specifications. The other two firms, SPERCO and
Suncoast Environmental, bid alternate methods not specified and their bids are deemed non-
responsive. Staff recommends awarding a contract to Chaz Equipmet Company, Inc., who is the
lowest bidder for the Cementitious Lining Rehabilitation Contract.
The bids received in the three work categories are sufficient to meet the County's manhole, lift
station and wet well rehabilitation requirements. Category D is work common to all the three
main categories. The contract period is for one year with three additional one-year renewal
periods at the County's option.
Subsequent to posting of the recommended bid award, a formal protest ;vas received from one of
the bidders. The Purchasing Director has reviewed the protest and arrived at a decision. A copy
of the formal protest and Purchasing Director's decision are attached.
FISCAL IMPACT: Funding for Manhole, Lift Station and Wet Well Rehabilitation Services
under these contracts shall be provided by each user division and contracted by a Work Order
and purchase order funded by the using agency. The Wastewater Department has budgeted
$1,000,000.00 in Fund 414 - County Sewer Capital Projects for work in FY2000.
GROWTH MANAGEMENT IMPACT: None.
MAR 2 8 2030
,2
Executive Summary
Award Bid 99-3005 Manhole, Lift Station, and Wet Well Rehabilitation Contracting Services
Page 3
RECOMMENDATION: That the Board of County Commissioners award and authorize the
Chairman to execute annual contracts for Manhole, Lift Station, and Wet Well Rehabilitation
Contracting Services pursuant to Bid 99-3005 consistent with staff's recommendations.
PREPARED BY:
i ' ~ ~ ' '~':~',~/.~- DATE:
Mohan V. Thampi, P.E., Project Manager
Public Works Engineering Department
REVIEWED BY:
-~. - DATE:
Jeff Bibby, P.E., Director
Public Works Engineering Department
REVIEWED BY:
Steve Carnell, D~rector
Purchasing Department
DATE:
REVIEWED
BY:
Jo~jCheatham, Wastewater Director
Public Works Division
B~i n t~~A dm2a
APPROVED
or/ ' '
(._../l¢ub~c Works Division
DATE: '~/~/0~'~
DATE ?/~~/
Attachments' 1) Bid tabulation table for Bid 99-3005 dated December 22, 1999.
2) Purchasing Director's decision on the formal protest.
MVT'mvt
0
e.
£UJU
COLLIER COUNTY GOVERNMENT
SUPPORT SERVICES DMSION
PURCHASING DEPARTMENT
GENERAL SERVICES BLDG.
3301 E. TAMIAMI TRAIL
NAPLES, FLORDA 34112
(941) 774-8425
FAX: (941) 732-0844
March 6, 2000
Mr. Ronald A. McNeil, President
SunCoast Environmental International, Inc.
987 Industrial Drive
Chipley, FI. 32428
Re: Bid Protest Decision pertaining to the Award of Bid 99-3005 for
Manhole, Lift Station and Wet Well Rehabilitation Contracting Services
Dear Mr. McNeil:
This office has reviewed your formal protest of February 24, 2000 regarding the
award recommendation for the referenced contract. Your formal protest includes
a listing of 12 items. This office has carefully reviewed each issue and the
pertinent facts of the actual bid record. The following is a summary of each
allegation and associated findings:
(1): That Sperco failed to acknowledge Addendum #1. A review of Sperco's bid
indicates that the addendum acknowledgment was indeed left blank. However, a
copy of the referenced addendum was included in Sperco's bid submittal, which
on its face, is evidence that Sperco received the addendum.
(2,3) That SunCoast was the lowest, qualified and responsive bidder for line
items I and 2 under category A ("Cast in Place" technology). In both instances,
SunCoast was the apparent Iow bidder. In fact, SunCoast was the apparent Iow
bidder for Category A overall. However, SunCoast bid an alternate technology
that differs from the technology specified in Category A.
(4) PrOduct offered by SunCoast exceeds published warranty requirements. The
bid invitation expressly requires the contractor to warrant all work for a period of
five years from the date of acceptance for each of the specified technologies.
Sperco signed their offer without any stated exceptions, thus legally obligating
them to meet that requirement.
Mr. Ronald McNeil
SunCoast Environmental International Inc.
March 6, 2000
Page 2
(5, lO)) Sperco bid only included one set of product information.
.. Sperco failed to include specifications for their tendered product.
.. Sperco failed to include information regarding the PermaForm product.
.. Sperco failed to include warranty statements on their products.
With regard to the first item above, Sperco did in fact provide two sets of product
information. One set presently resides in the bid file. The other is in the
possession of the project manager. With regard to the remaining items, the
product in question had been approved and identified as acceptable in the bid
invitation. Also, as mentioned previously, Sperco has legally committed to meet
the County's published warranty requirements.
(6) Product offered by SunCoast far exceeds the product offered by Sperco. The
sealed bid process is a price-based competition among qualified bidders, who
submit products that meet the County's published requirements. Under this
method, bidders compete directly on price, but do not necessarily compete
directly on qualitative considerations. Instead, the qualitative aspects of each
apparent Iow bid offer are measured against the County's standards.
(7) SunCoast product does not normally require Category D purchase. The
same can be argued for the competing products. The bid invitation states that
award will be made in consideration of Category D so as to ensure that prices
received under that category are in fact competitive.
(8) Seamless Plastic Liner Requirement. The protest notes some of the
differences between the specified requirements for the "Cast In Place"
technology versus the "Cured in Place" technology offered by SunCoast.
Section 02604 of the technical specifications sets forth the requirements for Cast
in Place technology and did not provide for alternative technologies. According to
the Project Manager, interested parties raised questions about bidding alternate
methods at the pre-bid conference prior to the bid opening. The Project Manager
advises that he stated that no alternates to the Cast in Place method would be
considered and if received, would be rejected.
(9) Sperco failed to affix corporate seal to their bid offer. Neither Sperco nor
SunCoast affixed their corporate seal to the signature of their respective bid
offers, nor were they required to do so. SunCoast did affix its corporate seal to
its bid bond form, as required for that document. Sperco submitted a bid bond in
the form of a check and hence was not required to fill out the Bid Bond form.
MAR 2 8
~.UUU
Mr. Ronald McNeil
SunCoast Environmental International Inc.
March 6, 2000
Page 3
(11) SunCoast willing to provide references. The protest references work
performed for the City of Naples and other entities. It is not clear why this
information wasn't provided with SunCoast's bid offer. This information may be
helpful in determining the viability of the SunCoast product in the future.
(12) SunCoast is the lowest, qualified and responsive bidder. This would appear
to be the most critical contention within the protest. A review of Section 02604 of
the specifications governing the Cast in Place technology (Category A) indicates
the following:
Three products (concrete, plastic liner and equipment) are required. Within
the product specifications, certain product names are cited. The liner and
equipment specifications contain "or equal" clauses. However, the concrete
specifications do not contain any type of "or equal" clause, meaning that
products other than concrete will not be considered.
· The bid offer from SunCoast is for a "Cured in Place" technology not
contemplated in the bid specifications.
The referenced specifications (which also set forth other requirements that
clearly distinguish the Cast in Place technology from alternative methods)
were published with the bid invitation package on November 12, 1999 (more
than five weeks in advance of the December 21st bid opening).
At the Pre-bid Conference of December 3, 1999, the project manager
reiterated the County's intent to only consider proposals for one or more of
the technologies set forth in the bid invitation. Under paragraph 21 of the
General Bidding Requirements (page 5 of the Bid Invitation), prospective
bidders who wish to protest the specifications for a published bid invitation are
required to formally do so with the Purchasing Director prior to the opening of
the bids. In this instance, no such protest was received from any party,
including SunCoast Environmental.
Therefore, in consideration of all of the findings set forth in the protest and in this
correspondence, it is the decision of this office to reject the protest filed by
SunCoast Environmental and proceed forward with the award of the contract as
previously recommended. Under Section XVIII.F of the County purchasing policy,
the decision of the Purchasing Director is considered final and conclusive unless
the protester delivers a subsequent, written objection to the Purchasing
Department within two (2) business days from the date of receipt of the decision.
MAR 2 8 2000
Mr. Ronald McNeil
SunCoast Environmental International Inc.
March 6, 2000
Page 4
Pursuant to previous discussions with the project manager, Collier County
remains open and willing to arrange, at no cost to the County, for an on site
demonstration of the Cured in Place technology offered by SunCoast in its bid (or
for that matter, other technologies as well). The actual experience of customers
with SunCoast's technology would also be evaluated. The purpose of this
endeavor would be to determine if the alternative technology could be deemed to
meet the County's needs and incorporated into future solicitations.
Sincerely,
Steve Carnell,
Purchasing/General Services Director
cc: Mohan Thampi, Project Manager
Lyn Wood, Purchasing Agent II
SunCoast Environmental International, Ina
987 Indu.ntr~ Drive. Ch.i~cy, Florida 32428. Fnon¢:850-635-83~5, FA~;~38-9~91
Poly-Triplex® Liner System
February24,2000
Mr. Stephen Y. Carnell
Purchasing/General Services Director
Collier County Government
3301 East Tamiami Trail
Naples, FL 34112
RE: Formal Protest Bid g99-3005
Manhole, Lift Station & Wet Well Rehabilitation Contracting Services
Dear Mr. Carnell:
The intent of this letter is to make formal protest of bid award to SPERCO. SuaCoast
Environmental International, Inc,, is clearly the lowest, qualified and responsive bidder
on your bid #99-3005. Please review the following points in your evaluation and
consideration of bid award.
Case and Fact of Formal Protest.
SPERCO failed to Acknowledge Receipt of your bid addendum. SunCoast
acknowledged receipt of all addenda in accordance with the requirements of your
bid.
SunCoast is clearly the lowest, qualified, responsive bidder on item #Al. 1 for
"Cast in Place" lining:
SPEKCO Bid $450.00
SunCoast Bid $345.00
This is a difference of $105.00 P.V.F. of manholes to be lined and a 30.43%
savings to Collier County.
SunCoast is clearly the low bidder on item #Al.2:
SPERCO Bid $675.00
SunCoast Bid $435.00
This is a difference of $240.00 P.V.F. of manholes to be lined and a 55.17%
savings to Collier County.
Product bid by SunCoast exceeds the warranty requirements contained in your bid
documents. Poly-Triplex Liner System warranty is as follows:
PTLS-6800 - 10 Years, Non-Prorated, Labor and Materials Warranty to stop
infiltration and deterioration.
All Poly-Triplex Liners include a pro-rated, manufacturer's extended warranty
that the system materials will not deteriorate to a point of product failure, i.e.I
crack, peel or delaminate for a period of 20 years in the sewer environment. [
_
MAR 2
This warranty allows Collier County an additional 15 years on their warranty,
assuring that their rehabilitation wSll be permanent and effective,
SPERCO included only one set of product information with their bid. SunCoast
supplied the required two sets of brochures and literature describing the method
and materials that will be installed in the manholes/lift stations.
SPERCO failed to include physical property specifications for the "PermaForm'
product. SunCoast provided all the required data.
SPERCO failed to include product information on their "PermaForm' product.
SPERCO failed to include warranW statements on their products.
Poly-Triplex Liner System physical properties far exceed the products bid by
SPERCO:
PTLS 6800 Series:
160 Mils
Flexural Strength 22,858 psi
Tensile Strength 12,340 psi
Compressive Strength 8,699 psi
Bond Strength Over 7,130 lbs.
PermaCast CR-5000:
65 Mils
Flexural Strength 700 psi
Tensile Strength 600 psi
Compressive Strength 5000 psi
Bond Strength 800 psi
PTLS 6800 Series:
Flexural Strength 22,858 psi
Tensile Strength 12,340 psi
Compressive Strength 8,699 psi
Hardness 82 Shore D
PermaCast Cor+Gard:
Flexural Strength 13,900 psi
Tensile Strength 12,400 psi
Compressive Strength 16,800 psi
Hardness 68-72 Shore D
PTLS 6800 Series:
Flexural Strength 22,858 psi
Tensile Strength 12,340 psi
Compressive Strength 8,699 psi
PermaCast MS-10,000:
Flexural Strength 800 psi
Tensile Strength 600 psi
Compressive Strength 10,000 psi
It is the case that the bypass pumping cost on "Category D' of your bid proposal
is not normally required for the installation of the Poly-Triplex Liner System as
bid by SunCoast. This results in additional and substantial cost savings to Collier
County.
The "Cast in Place" liner requirements in your bid item requires a seamless
plastic liner. Poly-Triplex Liner System is a Monolithic, Cured in Place
Laminated Composite that is permanently bonded to the host structure. The Poly-
Triplex also contains a water and gas impermeable membrane within structural
layers of fiberglass that prevents water infiltration and gas penetration through the
liner.
MAR 2
PG. ~'
9. SPERCO failed to provide the required corporate seal affixed to their bid.
10.
SPERCO failed to include all the required information and brochures on their
material manufacturer. SunCoast complied fully with bid requirements.
11.
Poly-Triplex Liner System has been successfully installed for over 5 years in over
40 structures within Collier County, (City of Naples). We will be happy to
provide you with a list of locations for your inspection.
12.
Your bid specifies that award shall be made to the lowest, qualified and
responsive bidder, which clearly is SunCoast Environmental International,
Inc/Authorized Licensed Installer of the Poly-Triplex Liner System.
We appreciate your consideration of these facts and we respectfully request that you
award the bid to SunCoast Environmental International, Inc./Authorized Licensed
Installer of the Poly-Triplex Liner System. In return, you will receive the most
permanent and effective rehabilitation of your sewer structures. We look forward to
working with you on this contract and others in the future.
Best Regards,
Ronald A McNeil, President
MAR 2
EXECUTIVE SUMMARY
APPROVE WORK ORDER WMBP-FT-00-01 TO WILSON MILLER, INC. FOR
ENGINEERING SERVICES RELATED TO PROPOSED IMPROVEMENTS TO
THE POTABLE WATER SYSTEM IN PELICAN BAY, PROJECT 74023.
OBJECTIVE: That the Board of County Commissioners, as Ex-Officio the Governing.
Board of the Collier County Water Sewer District, initiate changes to the source of fire
protection water in Pelican Bay.
CONSIDERATIONS: The water utilities serving Pelican Bay are unique because water
for fire protection is supplied from a local irrigation water system, rather than the County's
regional potable water system.
Wilson Miller, Inc. completed the "Pelican Bay Fire Water System Study" in November
1999. Our consultants determined that it was feasible to convert the water supply for the
Pelican Bay fire protection system from the local irrigation system to the County's regional
potable water system. Certain improvements are needed to effect this change. This Work
Order will provide for the engineering services needed to design improvements to a portion
of the potable water system preparatory to changing Pelican Bay's fire protection water
supply from the local irrigation water system to the County's regional potable water
system.
FISCAL IMPACT: Funds for this work order in the amount of $41,050.00 are available
from County Sexver Capital Projects. The funding source is user fees.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the
Governing Board of the Collier County Water Sewer District, approve and authorize the
Public Works Engineering Department Director to execute Work Order WMBP-FT-00-01
to Wilson Miller, Inc. in the amount of $41,050 for engineering services related to
improvements to the potable water distribution system in Pelican Bay.
SUBMITTED BY:
.
Ronald F. Dillard, P.E., Project Manager
Public Works Engineering Department
Executive Summary
Approve Work Order WMBP-FT-00-01
Page 2
REVIEWED BY:
Jeff Bibby, P.E., Director '
Public Works Engineering Department
DATE:
REVIEWED BY:
Paul M~ttausch, Water Director
DATE:
30~ Cheatham, Wastewater Director
APPROFEDBY'// '/ '~/~rim2nistrator
Edward N. Finn, Int'
Public Works Division
DATE:
DATE:
g-22.0o
RFD:rfd
V*'ORK ORDER # WMBP-FT-00-01
..\arcemcn! for Fixed Term Professional Engineering Services
Dated December 8, 1998 (Contrac! #98-2835)
Th~ Work C~rder ~; for professional cngmccrmg scrx~ccs for work known as
iTitle~ Pelican Bay Fire Prolcctmn System Design of Potable Walcrmain lmprovemenls
tRca..~n lei Pr~jt.'cl} Implcmenl impr,~,,emenls r¢cc, mmcnded by the "Pelican Bay Fire \\rater
The ~xork ~s specified in Ihe proposal daled 2-01-00, which is attached hereto and made a part
.f th~s \\'o~k Order. In accordance .O. il}l the Terms and Collditio~ls of the Agreement referenced
abe\e, Work Oldc~ :: \\'".IBI'-F'I-fIO-OI is assigned to Wilson Miller. lnc
tFirm Name)
Scone of \Vork
Task i Pre-Design Scrx~ces
Task 2 De=~gn and Permitting
Task 3 Bidding Services
'T aqk 4 ('onslrucl;on Phase Ser~. ices
'-;cl~cdulc of \\'oik ('nmplctc design and pcrmHl~ng x~{}tk v, llhln 92 da.',s from rccclp!
'Nt~IlCC lo t>[occcd alllJlorlTillg starl of ,.*.ork
( t~n:'pensaltol'~ In accordance wllh Arllclc I}:l,,e ~f Ibc Agreement, the County ~xiJl
t'ompcp, satc the F:rm ir: accordance v. llh Ibc ncgol~ated lump sum amounl indicated in the
.:kcdu!c ¼tier. t:f a task ~s lime and malerlal, so ~nd~cate and use the established hourly
(I ~st all 'Iasks~
'lask I $ 10,830.00
Task 2 % 10.g'75
'l a~k 3 $ 694 011
la~,k 4 5, ~, 901
Nuhlolal S
Reimbursables 5
IOl .Xl. ] Fl:
~.'q:.' !tile ".~' ot the \gre:'men!
$ 41 O~( (
(lump sum)
(lump sum)
I lt~mp sum)
(lunlp sum)
~' lump sum~
(time & material)
th~s \Vork Order made subsequent to final
addltlHnal scrx icc and charged according to
PRi 1' \ P, FD
\PPR()V} I) BY
Ronald t I)Jllard.~l' I: . I'rolcct Manager
C... ~
Jcioqeph (q~ealham, \Vastev, alc~ I)~rector
.left-Fflbby. P I: , P\VFD Direct~>r
Date
Date
Date
qppro~.ed as to Form and
l.eu~)~.~ttff~clencv~ 4
.A. sslstanl ('otlnly Attorney
'ATTESq;:
'(Corporate Secretary)
'lcmplatc NN ',t.O I}xcd ]crm Pro I'ng 5, crx 2
ACCEPTED BY:
Wilson Miller, Inc.
'lype Name and Title
MAR zg 2000
WilsdnMiller
¥
l.'e.Y D,'ect~on; n Panmn~. Design & Engineering
PELICAN BAY FIRE PROTECTION SYSTEM
DESIGN OF POTABLE WATERMAIN IMPROVEMENTS
Purpose of Project:
The purpose of the project is to implement the recommended improvements contained within
the "Pelican Bay Fire Water Supply System Study", dated November 1999, prepared for Collier
County Board of County Commissioners by WilsonMiller, Inc.
Reason for Project:
Pelican Bay is a 1200+/- acre subdivision iocated in northern Collier County. The subdivision
is served by typical infrastructure including public and pdvate roadways; potable and irrigation
waters; wastewater collection; drainage; power; telephone; and cable. In 1977 the Pelican Bay
improvement District (PBID) was formed to provide much of this infrastructure. Potable and
irrigation water systems were constructed and included dual distribution networks and water
supply fac. ilities. Potable water was supplied by an off-site wellfield and an on-site reverse
osmosis plant. Irrigation water was supplied by the off-site wellfield and from treated effluent
from the on-site wastewater treatment plant. For various reasons, fire protection water supply
was placed on the irrigation system. In 1987, the RO plant was abandoned and the City of
Naples sold bulk potable water to PBID for redistribution. In 1991, ColJier County assumed the
powers of the PBID and took ownership, operation, and maintenance control of the water and
sewer utilities within Pelican Bay. At that time the potable water distribution system within
Pelican Bay was tied into the County's system at several points at the boundaries of Pelican
Bay, the County began providing additional treated effluent for irrigation purposes, and the
potable water repumping facility was converted to irrigation duty.
It is normal practice to deliver fire water through the potable water distribution system because
the system provides the most reliable water source and quality. It is rare to place the fire
system on the irrigation system because it is more costly to fit the irrigation system with
reliability features such as redundant equipment, back-up power, and excess capacity. In
addition, irngation water is of lesser quality than potable.
In response to the issue, WilsonMiller prepared a Study for Collier County that evaluates the
possibility of converting the source of water for the fire suppression systems in Pelican Bay
from irrigation to potable. The Study found this possible if certain system improvements were
made, including constructing additional potable water mains to increase flow and capacity, and
switching the fire suppression systems to the potable system. The scope of this proposal is
limited to the design, permitting, and construction plan services associated with the
construction of additional potable water lines.
Nap/es Fort Myers Sarasota Bradenton TanTpa
.0.
HAR 2,2 2000
PG. ~
WilsdnMiller
Scope oF Services
1. Pre-Design Services
1.1. Attend one kick-off meeting with County staff.
1.2¸
Field locate driveways, sidewalks, trees, and appropriate utilities along the
anticipated route of the potable water improvemen~.s. The location work will be
limited to the side of the street where the new potable lines will be constructed.
1.3. Plot the located improvements.
1.4.
Evaluate the possibility of constructing the Laurel Oak Drive potable water
connection from the US 41 s;de, rather than the Pelican Bay boulevard side.
This potentially could save construction cost.
1.5.
Evaluate the possibility of connecting the existing potable line at the south end
of Crayton road to the existing County line along Seagate Road. The original
study showed that the available pressure and flow from the existing potable line
along Crayton at the Registry Hotel was marginal. The connection to Seagate
would greatly boost the avai',able flow and pressure.
1¸6.
Meet with county staff to review results of the field location work and the two
evaluated areas.
2. Design and Permitting
2,1.
Based on the outcome of the pre-design evaluations, prepare construction
drawings, technical specJficat.ion, bidding quantities, and an opinion of
construction cost for improvements recommended in the study.
· The Founders (Laurel Oak Drive) 6-inch line
· St. Tropez 6--inch line
· Crayton Road conne~on to Seagate Drive
· Contessa (Bay Colony Drive) 8-inch line between the Remington and the
end of the Strand
2.2.
Prepare, submit, and follow permit applications for FDEP general potable water
system extension (short form) and Collier County right-of-way. (Assume one
permit from each agency will cover all improvements.)
2.3. Attend up to three progress meetings with the County.
AGIF Ng'$ ll£~ \
MAR ,Z F 2000
PG. ~
W TsdnMiller
Bidding Services
3,1.
County staff will prepare the bidding and contract documents, and bid the
project.
3.2.
WilsonMiller will assist the County by attending the pre-bid meeting, responding
to bidders questions on the plans and specifications, and reviewing the bids
when received.
Construction Phase Services
4.1.
Attend one pre-construction meeting and up to three progress meetings with the
County and Contractor
4.2¸
Make up to five site visits du~ng the various stages of construction to observe
the contractor's progress and general compliance with approved plans and
specifications prepared by WilsonMiller. Prepare field reports of Contractor's
progress.
4.3.
Review shop drawings for conformance with the WilsonMiller design concept, as
called for in WilsonMiller teCnnical specifications. Review payment requests
and percent-completed quantil, ies for site improvements designed by
WilsonMiller.
4.4.
Prepare Certifications of Substantial completion, including record drawings, for
the following site improvements, based on as-built information provided by the
contractor, per the Land Development Code (LDC).
4.4.1. Potable Water Distribution System (includes FDEP Certification).
4.4.2. Construction Plans (includes Certification of the Project to Collier
County).
4.5. Prepare punchlist and attend final County inspection.
4.6. Observe field testing of site utilities.
4.7. Construction stake-out by contractor.
Fees
Fees shall be paid in accordance with the Collier County Annual Engineering contract.
Fee = $40,300 Fixed
Reimbursable expenses = $750 T/M/E
MAR 2/i' 2000
M E M 0 RANDU M
TO:
FROM:
DATE:
SUBJECT:
Ron Dillard, Collier County Public Works Engineering Dept.
Steve Means{~)
February 1, 2000
Collier County - Pelican Bay Fire Protection System
- Design of Potable Watermain Improvements
Attached is the revised page 1 of the scope for the referenced Project.
The foltoW~ng is the allocation of project management and meeting fees:
TASK PROJECT MANAGEMENT MEETINGS
$35O $900
$650 $1,30O
Pre-Design Services
Design and Permitting
Biddinc~
Construction
5250 $2,700
TOTAL $1,250 $4,900
Bidding is a small proportion of the total fee, so I didn't allocate project management or
meeting fees to it. The pre-bid meeting is included in the $694 total for bidding.
MAR ~1~ 2000
EXECUTIVE SUMMARY
APPROVE CHANGE ORDER TO THE NORTH COUNTY REGIONAL WATER
TREATMENT PLANT 8-MGD EXPANSION, BID 97-2690R, PROJECT 70859/70828
OBJECTIVE: That the Board of County Commissioners, as Ex-Officio the Governing Board
of the Collier County Water-Sewer District, approve a Change Order to the construction contract
with Milmir Construction, Inc., for an improvement to the North County Regional Water
Treatment Plant (NCRWTP).
CONSIDERATION: This Change Order will incorporate the following improvement:
· Furnish and install two odor control lift station pumps and associated fiberglass enclosure,
new piping and electrical work.
Plant Operations has spent continuous maintenance hours and costs to keep the existing odor
control lift station running. These improvements are necessary to replace this troublesome
system, with a one that will provide uninterrupted reliable service. The above item is more fully
explained in the attached Change Order.
Summary of Change Orders To-
Date
Amount
Days to Days to
Substantial Final
Completion Completion
Original Contract
Sum of previous changes
Proposed Change Order
Revised Contract
$13,684,984.90 410 502
$880,935.10 74 816
$ 81,897.00 0 96
$14,647,817.00 484 912
(05/14/99) (07/15/00)
The recently expanded plant became operational on the substantial completion date of May 14,
1999 (484 days into the contract). The additional time included as a part of this change order, is
solely for completion of this change order work and therefore has no effect on final completion
of the plant expansion and/or water production capabilities.
FISCAL IMPACT: A budget amendment in the amount of $81,897.00, will be required to
transfer funds from Water Capital Reserves to project 70859 to fund this work. Source of funds
is Impact Fees.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the
Governing Board of the Collier County Water-Sewer District, approve the necessary budget
amendment, and approve and authorize the Public Works Engineering Department Director to
execute a Change Order for the NCRWTP 8-mgd Expansion, Bid 97-2690R, Project
70859/70828.
MAR 8
Executive Summary
Approve Change Order To NCRWTP Expansion
Page 2
SUBMITTED BY:
Peter Schalt, PMP, Project Manager
Public Works Engineering Department
Date:
REVIEWED BY: ' .N...
Jeff Bibby, P.E., Director
Public Works Engineering Department
Date:
REVIEWED BY:
APPROVED BY:
Paul Mattausch, Water Director
Public Works Division
Edwant"N. Fin~, t'fi%rim4~dministrator
~'~-Pr~bliJ Works Division
Date:
Date:
Attachment: Copy of Proposed Change Order
Budget Amendment
[ MAR 2 8
COLLIER COUNTY
NCRWTP 8-MGD EXPANSION
County Bid No. 97-2690R
CDM Project No. 6295-21728
CHANGE ORDER NO. 20
ALLOCATION TO FUNDING SOURCES
Change Cost/(Credit) Fund #70828 Fund #70859
Order Amount Wellfield NCRWTP Expansion
Item #
1 $81,897.00 $0.00 $81,897.00
2 $0.00 $0.00 $0.00
TOTALS $81,897.00 $0.00 ] $81,897.00
CollierO. 1728~co20.doc
Page 2 of 5
COLLIER COUNTY
NCRWTP 8-MGD EXPANSION
County Bid No. 97-2690R
CDM Project No. 6295-21728
CHANGE ORDER NO. 20
ATTACHMENT "A"
DESCRIPTION OF CHANGES AND JUSTIFICATION
Item No. Description of Change Cost (Credit)
I Furnish and install the following at the existing odor control $81,897.00
lift station facility for the NCRWTP:
· Reinforced concrete foundation pad
· One (1) 10' x 8' one-piece fiberglass molded enclosure
(shed)
· Two (2) new odor control lift station pumps
· New pipe and fittings from new pumps at lift station to
sewage pump station wet well at southwest comer of
Administration Building
· All required electrical work, new and modification of
existing
· All incidental, ancillary and restoration work
2 Extend the Contract Final Completion date by 96 calendar $0.00
days to July 15, 2000 for completion of the odor control lift
station additional work only, as described in Change Order
Item No. 1
TOTAL I $81,897.00
Collier~21728~co20.doc
Page 3 of 5
MAR 2 8
COLLIER COUNTY
NCRW'rP 8-MGD EXPANSION
County Bid No. 97-2690R
CDM Project No. 6295-21728
CHANGE ORDER NO. 20
ATTACHMENT "A"
DESCRIPTION OF CHANGES AND [USTIFICATION
(continued)
Item No. Justification for Change
I Plant operations staff was incurring continual maintenance time and costs
associated with operation of the existing odor control lift station pumps and
force main from the pumps out to the sewage pump station at the NCRWTP.
County staff also installed a temporary above-grade force main (laid on the
ground) from the odor control lift station to the sewage pump station to
temporarily allow the system to be operated. Plant operations staff intended
and desired the temporary force main and existing pumps to be replaced as soon
as practicable. A proposal was received from the Contractor and a reduced cost
and a reduced time extension to perform the additional work were negotiated.
2 The time needed and agreed upon for order, manufacture, delivery, and
installation of all additional materials and equipment for Change Order Item
No. 1 is 109 days from an assumed change order execution date (authorization
date) of March 28 to July 15, 2000. This equates to an actual time extension of
96 calendar days from the current Final Completion date of April 10, 2000 to
July 15, 2000 (contingent upon the execution of the change order on or about
March 28, 2000). It was further agreed that all other currently remaining
Contract Work, previously approved Change Order work and punch list work
will be completed by the previously approved Final Completion date of April 10,
2000. The extension of time to Final Completion to July 15, 2000 is solely for
completion of the additional work described in Change Order Item No. 1.
Collierk2172 g~.o20, doc
Page 4 of 5
COLLIER COUNTY
NCRWTP 8-MGD EXPANSION
County Bid No. 97-2690R
CDM Project No. 6295-21728
ATTACHMENT "B"
CHANGE ORDER NO. 20
SUPPORTIVE DOCUMENTATION
Change Order Document Description Document
Item No. Date
I M&E fax and memorandum to Milmir Construction of revised 12/01/99
drawings and scope for the odor control pumping
modifications.
1 M&E fax to Milmir Construction with comments on the control 12/20/99
circuit schematic for the Odor Control Pump Station system.
1 Milmir Construction revised/reduced cost proposal to CDM for 01/06/00
the requested modifications to the existing odor control
pumping system.
2 Documentation of the time extension to Final Completion and 03/06/00
conditions, discussed and agreed upon between Mi]mir
Construction and CDM on March 6, 2000.
Collier~21728~co20.doc Page 5 of 5
AQUA ALLIANCE
Fax
Fax No: (904) 76g.6494 Total Pages: 6
To: Don Klose From: Nick Cooper
Company: Milmir Construction Date: December 1, 1999
Re: PCO.52A. Odor Control Sewage Pumps and Piping
Don,
Here are revised drawing5 and scope for the odor control pumping modifications. We need
every~ng capable of handling hypochlorite spray from the scrubbers, I'll be talking to Paul
Jacobs about that problem.
Mete. alt & Eddy, Inc.
Two Sun Court at T~chnolo~?/Park
Suite 200
Nor~ross, GA 30092
DEC ! '~9 ~2:~5 PAGE.O~2
Memorandum
I I II
AQUA ALLIANCE
FILE: 022015 DATE: December 1, 1999
TO: Adam Sobolewski, PE
Camp, Dresser & McKee, Inc,
Nick Cooper
NCRWTP Expansion
PCO 52A - Odor Control Sewage Pump Station and Force Main
FROM:
SL-BJ-ECT:
We have developed plans and a scope of work for the new pumping system for the odor control
sump. Please forward this information to Milmir Construction to prepare a cost estimate for the
proposed change. Mechanical and structural details shall be as provided in the contract drawings.
Please contact us if you have any additional questions or ~mments.
Provide the following modifications and additions:
l. Remove existing diaphragm pumps and above-ground PVC piping and va]Yes.
2. Install ~wo 5-Iq2P hose pumps (480v, 3ph) at the odor control sump as sho-,v~ in Fi~are l.
Hose pumps shall be Watson-Marlow;Bredel model SPXS0, with the following features:
Kynar or PVDF coated pumphead, casing and motor
Non-ventilated chemical resistant motor
EPDM hoses
Packa~ged control system in fiberglass or corrosion resistant panel, with
alternator switch and alarms, Provide separate floats for pump start, pump off
high and low water alarm levels,
3. Provide 2-inch solenoid valve and RPZ backfflow preventer, with water line tapped on
existing PW pipeline. Interlock solenoid valve with pump controls.
4. Install circuit breakers for pumps in Panel PP-0 in the concentrate pump station building.
Install conduit and wire from Panel PP-0 to the control panel.
5. 'Install 2-inch CPVC piping and valves for above-ground piping as shown in Fig'are 1.
6. Install 3-inch IqDPE fusion welded pipe from the pump station to the sewage pump
·tation at the front of the administration building a~ shown in Figure 2.
2" P'¢C DISCHARGE
Z
2" × TEE ~
~DPE
HOSE PUMP
(,-YP. 2)
2" PUC SUCTION
(TYP.)
yEX;ST,
DEC ! ' ~ ~2: iG PAGE
;T. 2' PR
PVC DISCHARGE
EL 15.,5
EL. 1 ~,.3
LA~
EL.
LEAD PUMP ON
EL. 11.5
LEVEL ~'LOAT
(~.)
2' PVC SUCTION fTT~"
PRECAST CONCRETE VAULT
EL. 10.5
/~.XIST, 4" SANI':ARY
.0
EDDY
MAR 2 8
ZUo~
.~._ _l~ __
NOR~ COUNTY REGIONAL ~
./
EXIST. FENCE LINE
8" PR
EXIST. FUEL TANKS
P~GE.005
EX~ST.--FEN,
20" PR
FH
FH
VALVE VAULT
' '8'-0"~ PUN STATION
',~, . E10509.11
42"Pw
GENERATOR
ROOM
STC
MANA
ROOM
HIGH SERVICE
PUMP
STATION
10 RD
PROCl
MAR
1" = ,30' ~
SCAL£ FEET
DEC I '~S 18: l? PAGE.88~
~ OUTL~
.~ / STRUCTURE
,-'E: ? ,JNE - :.,, , / ~, ,,~. , _
I
PK/W
o
STORM WATER
ST
"'--'~ J" i'
_ _ j .,-
2PR '"~,,[l ~' '
PUMP STATION
OCESS ROOM /?.. ~ PZ PAD ,,g;
ODOR
/ ( ~"~ONTRO(~
/~].a
/ .... -..,.. .,~.. ~ .~
! "'--''
CHLORINE / l~~,'Xp.i '" .o. , .
' ~'Z-"TC.~T.~ & ~DD¥ ODOR, CONTROL PUMPII~M
Fax
I
AQUA ALLIANCE
Fax #: (904) 768-6494 Total Pages: !
To: Don Kloss From: Frank O'g/ara, P.E.
Company: Milmir Construction Date: December 20, 1~)99
Message:
I have reviewed the control circuit schematic for the Odor Control Pump Station system and
have the following comments:
........ .,~, ........ :,"thc pump i: not r:C.u:rzd. -
Provide a pressure switch for each pump to shut down the pump on high pump discharge
~ressure.
.3. Motor mn and stopped indication shah be based on feedback from motor starter auxilia,'-y
contacts, not control relays providing run command.
4. Solenoid valve operates on a 24 hour timer and is energized once a day for approximately 2
minutes (adjustable).
MetcaLf & Eddy, Inc.
Two Sun Court, Suite 200
Norcross, GA 30092
Voice: (678) 966-8248
Fax: (770) 447-8455
Milmir Construction,
--P.O. Box 9400-A
· 17 Rowe Ave.
,c..ksonville, FL 32208
Inc.
Phone: (904) 768-2300
Fax: (904) 768-6494
PROPOSED CHANGE ORDER
No, 0052B
TITLE:
PROJECT:
TO:
Odor Control Lift Station
N Regional WTP 8MGD Expansion
Attn: Adam Sobolewski, P.E.
Camp, Dresser & Mckee, Inc.
8140 College Pkwy
Ste. 202
Ft. Myers, FL 33919
Phone: 941-432-9494 Fax: 941-432-9453
DATE: 1/6/00
JOB: 9801
CONTRACT NO: 9801-MAIN
............................................................. REVISED PROPOSAL ...........................................................
We propose to furnish and install a new pumping system for the Odor Control Sewage Pump Station per the attached memorandums
from Metcalf & Eddy, dated December 1, 1999, and December 20, 1999 (excluding item no. 1), as well as the following
clarifications
Our scope of work is in accordance with the above referenced memorandum with the following clarifications:
..-2. Existing pump pad will be extended and a Warminster Fiberglass Co~ one-piece, 10'x 8' fiberglass molded enclosure will be
stalled on the extended pad. The new enclosure will be positioned such that the wet well is NOT within the enclosure, eliminating
.,e possibility of corrosive gases entering the enclosure. The pumps, solenoid valve, and controls will be housed in the enclosure.
2 Pumphead, casing and motor are not kTnar or PVDF exterior coated since an enclosure is being promded.
3. Standard TEFC motors are included since they will not be exposed to any corrosive atmosphere.
4. Pump control ~'stem will be per the anached quotation prov/ded by Gulf States, Inc.
5. A spare hose is included for each pump.
6. One da>' of start-up and traimng is included for the hose pumps.
7. No painting is included.
8. No floor hardener is included
Completion of this change order will require 16 weeks after recieipt of authorization to proceed.
Total: $81,897.00
Donald L. Klose, V.P.
Date: 1/6/00
By:
Date:
Adam
MAR 2 8 2000
;obolewski, P.E.
°°~
8~
E
M~ ~2000
MAR 2 8 2OOO
T$C
CORPORATION
CHUCK M. PAUl,K, JR., P.,
DAVID L. MUELLER, P.E.
December 9,1999
Don Klose
Milmir Construction, Inc.
P.O. Box 9400-A
Jacksonville, FL 32208
RE;F: North Collier County, R.O. WTP
Watson-Marlow Pump Proposal
Dear Don:
Enclosed please find the literature, information, and factory quotation for the referenced project.
Although the quotation is itemized for analysis, we summerize as follows:
Two (2) SPX50 pumps, each complete with 5 Hp 3 phase, TEFC 230/460 VAC Reliance
mot'or, high lubricant level sensor, discharge pulsation dampener, and spare EPDM hose and
hosetube
Price $19,870.00
Frei oht Estimate
$500.00
Day installation checkout, start-up and training
Includes travel expenses
$1,700.00
TOTAL PRICE:
$22,070.00
Don, with the expense of the optional hatar coating, and since it only covers the internal pumphead, I
would have to recommend that the owner consider putting the money into external coatings by a
qualified painting sub. The high level sensor requires field hookup to the motor starters or controls.
Also, please note the operators will appreciate ajo~reverse switch with the local controls.
Any other questions, please don't hesitate to call.
Warmest regards,
TSC CORPORATION
Representing
WATSON-MAR.LOW
David L. Mueller
Enclosure
4919 M£MORIALHI(;HwAy. SUITE. 250 · TAMPA. FLOll,DA 33634 ·
(813) 888-5556 ·
R 2 8 2000
PUMPS _ ngin fing end
'SPXSO
High-Pressure Hose Pumps
Features and Benefits Performance Cha
· High-strength, twin-bearing hub integrated
into the pumphead
· Rotor always fully and centrally supported by
its own bearings
· Fail-safe shaft design
· New fiat shim and improved epoxy shoe design
· Faster hose changing and improved sealing
· Easy access to shims and shoes
· Unique buffer zone provides protective barrier
between pumphead and gearing
· Patented direct-coupled design
· Ultra compact planetary gearing
· No drive alignment for faster set-up
· No coupling or baseplate for compact footprint
· Adapter available for fitting hydraulic or
pneumatic motors
Improved frame design
Increased corrosion resistance
Compact design, Iow maintenance,
Two year warranty
7.0
6.0
NET
bp 5,0
· 10.O~O
4.0
in lbs,
rmnlmum '3.0
stamng
torque
re~u~red.
232 psi 145 psi 109 psi
rmv.~min. 10 20 30 40 50 60 70 80 90
gaL/mm, 0 10 20 30 40 ,50 ,50 70
How to calculate speed/horsepower
A Flow required, indicates pump speed
B Calculated discharge pressure
¢ Horsepower required
D Fluid temperature
E Calculated discharge pressure
F Maximum recommended pump speed**
*' For maximum hose life, speed point (A) should be lower
than temperature adjusted speed point (F), See example
points (A) thru (F).
1 oo
72.5 psi
PRODUCT
TEMPERATURE
~ 50 f122)
80 (140)
70 (15,5)
80 (176)
SPXSO
Pumps
REDUCER =~IAME { A L~$ I MOTOR P,NI B ~DC lbs.
GRB202¢ ~40TC ~ 11.1 I 5B I C~4H6~7 I TBD TBD 72
1BOTC ~11.6 6B ; P~4GB258 I~'.5~73~
]210TC ~11.6 ~ 67 ~ ¢14GB25B J11.5~ 07.3 ( 44
~3.5
I*~0TC ~ ~2 7 I 65 P~4X1487 ~ ' 87.2 I 49
GRTS020 ~BOTC 13:2 I 74~P14J2446 t~2.6 ~6.5i 70
[210TO ~13.2 72 P14X4511 I 11.8~7.3't
GRD2030 {~40TC ~11.1 85 ~ ~4X~129 I '2.7~.Sj
I 1BOTC 11.6 74 C:8H6069 i TBD TBD ~ 109
~210TC i 11.6 73 P~SGSB82 [ ~4.5~ 29.0 ~
G~TS030 ~4OTS ~ 12.7 74 ~8G~32 ~.5 ' Dg.0 ~
1BGTC 13.2 B3 I P!8G2521 I !5.3 09.3 82
~210TG ~ !3.2 t 82 I ~BG3862
S~x$0 ~UMPNEAD I 478 ', PISG4109
I ~1BG3883
Nom. Dirrle~slons shown are
lengt~ may vary
13.8 og.0 130
15.3 : 99.5 ]125
~a.5 i 09.0 1~.20
i P'~SG1133 I ~a.5 [ '2g.0 i 118
P!SG1051 I15.3 r 09.3 ~125
P18G4162 ~5.3 i 99,0 I
[ P21G3882 [:7.0 ~ O10.5 ~ 170
~ P21G1101 ! I%0 I
i P21G1034 17.8 O10.5
i P21G4109 16.9 i O10.5 I 185
P21G3883 ;7.0 01C.5 i 185
P21G1102 "!7.0 ~10.5i 180,,
i ~21G~:39 i 16.9 ] ~1C.5
! P21G3B64 I 16.9 , O10.5! 190
[ P21G4162 I ~7.8 ~ 01C.51 195
Technicc ! Specifications
Supply: !~5/230 single phase or
230/460 or 575 ~hr.e phase
Operating Speeds: up to 60 rpm continuous
up to 100 rpm intermittent
Fluid Temperature Range: -4° to ~ · r
Hose Lubricant.Required: 2.7 gallons
Flow Range: 1.5- 76.6 gpm
Discharge Pressure: up to232 ps~
Suction pressure: 28 ff. iift to 38 psi
Available Hose Materials: ~atural Rubber
BONA. N BONA K
EPDM Hypalon (pending~
Available ~nsert Materials: Polypropyiene q~ 6 c~
PVC
Materiais of Construction
Pumphead: Cast iron
Rotor: Cast iron
Cover: Mild steel
Hub: Cast iron
5t~oes: Epoxy
Flanges and Flange Brackets:
Galvanized steel or 304 5S
Frame: Galvanized steel
or 304 SS
Hardware: Zinc plated
steel or 304 SS
Shaft: Alloy steel
Shims: 316 SS
Seals: NBR
FACSIMILE COVER SHEET
NOTE CHANGE OF ADDRESS
The Mack Company
Suite 105-F
1300 Corporate Center Way
Wellington, FL 33414
Phone No. 581-798-3131
Fax No. 561-798-9383
Monday, December 13, 1999
To: Mr. Donald L. Klose, Miimir Construction
Fa~ 90~768-6494
From: James R. Wahl
Subject: North Collier WTP
War'minster Shelter
1 page(s), including cover page
The price for one Warminster Model WFS-1008-10 Molded Shelter is $9305.00, fob
factory,freight allowed, excluding tax~s. In addition to the standard features listed in the attached
specif'~ation, this unit will include:
- A chemical resistant gel coat
- Two extra 8" wall louvers
- Fluorescent lamp, two 48" bulbs
- Duplex switch
- Duplex outlet
- Circuit breaker panel
-Two mounting channels for control panel( by others,)
A double door assembly would add $900.00 to the price.
Please let me know if you have any questions.
WFS 3~30
WF$ 4~4B
WF5 1~
~L~ME
WEIGHT
AREA
~LUME
WEIGHT
WFS
AREA
~LUME
WE IGHT
?_F-"i ONE PIECE MOLDED SHELTERS and ENCLOSURES
[:,'_,t N.I ['_,:_,1_ 1
WI~S eO4B
WI~
DEPTHS
LBS
DEPTHS
LBS
DEPTN~
l=-r2
F'T':
LBS
Wl=S 3~27 WFS 5428 WF$1004 WF$102C WFS 100,8
7~g' --
WFS t~3B
10 16 24
67 109 164 45
250 315 400 18~
4' 6' I' 14'
24
162
36
243
490
48
324
58O
DEPTH IN I 27 I 28
VOLUME F'T3 M
WE]GHT LBS. 2~3
10' 12' 16'
60 72 I
405 485
6?O 760
WF5 1~2C
10' 12' 14' 16'
50'7 ~8 --
850 ~40 --
18' 20'
356
710
84 { BO
475 600
830 950
7'10
1070
830 950 105'9 11~8
1190 1310 143C 1550
SECTION 13121 -- SPECIRCATION FOR ONE PIECE MOLDED SHELTER OR ENCLOSURE
MAN U F~"TU~E~I
A) One ~3~ece molded she,er shall be n-tanufactu~d by
B) ~ions in~udi~ IIgMi~, he.trig, ~l~lng, a~r con~it~ni~
~ ~ ic~ ~l ~ the ~a~ ~ipme~ ~ tho
un~ ~ squirm.
A) ~e o~e pie~ m~d~ ~e~er 8hall ~ __
~he~m ~all ~ ~ mll~ ~er hour ~
~nds ~r aqu~ f~ ~n~ I~.
~n~Jon with com~ ~lls ~d ~. ~e ~or
sha~ ~ wh~e ~ with a I~ lu~r finch wh~ 18 smo~h
fr~ fr~ ~lber ps, em. r~ug~ne~ ~ ~her i~gul~tle[
T~ ~r~r l~n~ whir c~mi~lly ~nds with t~ gelco~
sh~l ~ a minimum ot 1/8' ~ick. The lamina
~lsr resin an~ c~p~ ~rand flberg~
minimum gla~ c~te~ ~
T~e c~mr ~m ~aJi ~ 1' ~Jck ~th a minimum i~lsting v~
~7,
~e corn m~i~ shell ~e rigid c~ed ~, self ~lngut~ing
The wh{~ int~or t~n~ ~1 enc~l~ ~e ~m in pl~.
The mo~lng shall be continues ~ormlng a one pi~e mol~
~ a~r ~h ~ I~ 4' ~e inmr~ m~nttng
~und ~e pefl~ter.
T~ f~ s~l ~ p~d~ on 12' ~m with ~8'
h~es for bolting ~ a s~u~uml flbe~l~ fl~r ~ s ~cmte
E~UI~E~
s~ ~ mou~ using a c~nu~ ~inte~ ~1 h~.
and ~dlmum pla~ d~ ~ ~th
~os~ ~ n~ne ~n~ mbbe~ and ~ a ~her tig~
8~ ~und ~e ~l~r
D) ~ S' ~lam~r ~umlnum w~l I~ sh~ be p~l~
manually a~u~le dam~ a~ an i~ ~.
E) Lifting ey~ I:x~t~ in ~ha rex:4 shall be cadmium pla~d and
after
OFTIONAL EQUIPMENT
· .3_,4-.~,
A) Additional equlpme~ ~ ligt~Jng. ~ '-' . ~.':~t~::!~;.
~~ -,',,'( ,'*N-r --.-'~---'r;--' -~'--'! '-- ,'----- .... !!--,_ .-E..
r ~haJl be 3"~h a 2" thick
~~tru~ure to tbs fiberglass
floo~hatl be 3/8~" ~Jtam~r SlalnJa,~a s-~.b~loor load
ahal~qu~e rk~or ~ skid
r.~ .........
CONCRETE
A} The concr~le pad shaJl be supplied ~ ow?re~ in acco~ance
B} Anchor bol~ for attaching t~e shelter to t~e concrete pa~ shall
be 3/8~ diameter at~inle~ steel ex;:~nsion anchors, supplied by
the contractm'.
SOURCE QUALITY CONTROL
A) The manufacturer shaJI m~intatn a continuous quality comrol
program and upon request, shall furnish to the a~glneer certified
te~ result~ of t'ne physical prope~ae. Test results shaJi meM or
those list~l in the specffic, alion.
LAMINATE PRO~ERTIE~ V~.J.IE ~ METHOD
Tensile Strength 11,000 ~1 ~ ~
Fl~uml ~th 18,~ PSI ~ ~0
She~ Sleuth 12,~ PSI ~M ~
B~ H~dne~ ~ ~M D~
Im~ 12 ff lb~nch ~M D~6
He~ ~on ~lnt I75 ~ ~ D~
D~~ffic Gmv~ ~6 ~.5 ~M ~2
Bum~ ~a~fi~ <150 R~e ~ ~ ~
<1000 Smoke Density
CORE PROPEI=rrlE~
ThermaJ ConducUvi~ .13 BTU · IN
HR. FTZ- *F ASTM C-518
Densityf~l~eciflc Gravity 1-~ PCFI.03 ~ D18Z2
Burning Characteristic 35 Flame Sprea¢l ASTM E-84
240 Smoke Densl~
The procedure used in determining the minimum properties shaJl be
in accordance with ASTM Standa~, us~"~ ;h_- -'_-?~ ~_~_-~_-~'~
Test coupons shall be prepared in acco~anqill, wf~JE~'T.k/j.~lQ
!
FTIONAL
TYPICAL SHELTER PLANS
SCALE: 1/4" = 1'- 0"
ROOF SLOPE
TYPICAL
12
REMOVABLE CAD.
EYE BOLT
TYPICAL
NTING CHANhIELS
OPTIONAL
SHOP DRILLED
MOUNTING HOLES
THRU FLANGE
ON 12" CENTERS.
OPTIONAL STRUCTURAL
FIBERGLASS FLOOR,
CONCRETE PAD BY
OTHERS.
TYPICAL SHELTER DETAILS
. MOLDED SHELTERS
FROm': GULF STATES PHONE NO. : 94! 2S~ 7~2B D~. 23 ~999 ll:14AM PI
Gulf States, IllC.
?horu: (941) 263-7137
Fax (941) 263-7328
Mr. Don Klose
Milmir Construction Co. Inc.
1617 Rowe Ave PO Box 9400A
Jacksonville, Fl, 32208
VIA FACSIMILE
4585 Progress Ave.
Naple~, FL. M. 104
State Certified EC343
l.ndastrial Electrical Commctor
De~ember 23, 1999
1-904-768-6494
Dear Don,
NORTH COUNTY REGIONAL WATER TREATMENT PLANT
ODOR CONTROL SEWAGE PU34P STATION
Per your reques: I have prepared a proposal to furnish the electrical work required to aecommoda:e a duplex
sewage pump station
QUA.LllrICATIONS:
1) Power is to be obtained from the panel ?P-O in the concentrate pump station.
2) I have included a new circuit 30 Amp 3-Pole circuit breaker for this load.
3) The new feeder is to be (3) #l 0 cu THI~ & (l) #10 cu ground in %" conduit.
4) Concrete encasement of the new feeder is not included.
5) The con*.ro] panel mounting arrangement included is as follows:
a) A NEMA 4X terrrfinal cabinet is included reader the new the new pump control panel.
b) An explosion proof seal-off'fitting is included between the terminal cabinet and the new pump
control pmnel to prevent corrosive gasses from entering the control panel.
c) The control panel is to be mounted to The inside wall of the new pump building you are furnishing.
d) (1) - 2" PVC conduit is included from the terminal cabinet to the wet well for installation of the float
cables.
6) ! have not included a disconnect sw/tch adjacent to the new pump control panel.
7) No additional supplemental grounding is incIuded.
g) Surge arrestors or suppressors are not included.
9) A 120 volt circuit is included from the concentrate pump ~tation to feed a panel that is to be supplied by
the building manufacturer.
10) The building (not included) is to be provided with lights, switches, receptacles, etc. factory wired to the
panel described above.
11) The audible and visual alarms are to be mounted on the exterior of the pump building. The ,ilence and
reset buttons w/Il be located in the pump control panel.
12) The duplex pump control panel is included with the following corrtrol features.
a) Automatic alternation of the pumps with float control.
b) log or Run operation in either forward or reverse when in the hand mode.
¢) Shutdown of the pumps on either High Lube or High-Pressure requiring manual reset in both the
hand and auto mode.
d) Automatic two minute operation of the backwash solenoid once every 24 hours.
e) Audible and visual alarm signals for High Level alarm with manual silence and reset buttons.
Continued
FROM : GULF STATES PHONE NO. : 941 2~3 7~28 Dec. 23 1999
Page 2
EXCLUSIONS
l. Furnishing or installing pressure or high lube switches.
2. Restoration of~xisting surfaces that will be disturbed by excavation activities.
3. Furnishing float switches or any associated hanger rack supports.
4. Furnishing spare parts for the control panel.
5. Permit fees.
6. Removal of construction debris from the premises.
7. Furnishing or sealing holes in the wetwell.
8. Painting of exposed electrical work.
Total added cost
Please feel free to contact me if I can be &further assistance in this matter.
$17~100.00
Respectfully submitted,
Many Rogers
Milmir Construction, Inc.
P.O. Box 9400-A
1617 Rowe Ave.
Jacksonville. FL 32208
Phone: ('904) 768-2300
Fax: (904) 768-6494
PROPOSED CI:L~NGE ORDER
No. 0052B
TITLE: Odor Control Lin Station
DATE: 1/6/00
PROJECT:
TO:
N. Regional WTP 8MGD Expansion
Arm: Adam Sobolewski, P.E.
Camp, Dresser & Mckee, Inc.
8140 College Pkwy
Ste. 202
Ft, Myers, FL 33919
Phone: 941-432-9494 Fax: 941-432-9453
JOB: 9801
CONTRACT NO: 9801-MAIN
REVISED PROPOSAL-
We propose to ~rnish and install a new pumping sy~em for the Odor Control Sewage Pump Station per the attached memorandums
from Metcalf & Eddy, dated December 1, 1999, and December 20, 1999 (excluding item no. 1), as well as the following
clarifications.
Our scope of work is in accordance with the above referenced memorandum with the following clarifications:
1. Ex~sting pump pad will be ex'~ended and a Warminster Fiberglass Co. one-piece, 10'x 8' fiberglass molded enclosure will be
installed on the extended pad. The new enclosure will be positioned such that the wet well is NOT with/n the enclosure, eliminating
the possibility of corrosive gases entering the enclosure. The pumps, solenoid valve, and controls ~411 be housed in the enclosure.
2. Pumphead, casing and motor are not kynar or PVDF exterior coated since an enclosure is being provided
3. Standard TEFC motors are included since the)' will not be exposed to any corrosive atmosphere.
4. Pump control system will be per the attached quotation provided by Gulf States, Inc.
5. A spare hose is included for each pump.
6. One day of start-up and training is included for the hose pumps.
7. No painting is included.
8. No floor hardener is included.
~ompletion of this change order will require 16 weeks after recieipt of authorization to proceed.
Total: $81,897.00
APPROVA ·
Donald L. Klose, V.P.
By:
Date: 1/6/00 Date:
EXECUTIVE SUMMARY
REQUEST APPROVAL TO USE FUNDS FROM THE SOLID WASTE TIRE
GRANT TO PROVIDE SAFETY PLAY SURFACE AT VARIOUS LOCATIONS
IN COLLIER COUNTY.
OBJECTIVE: To obtain approval from the Board of County Commissioners to use
State Solid Waste Tire Grant funds to replace current surfaces at various locations with a
recycled tire overlay safety surface.
CONSIDERATION: These projects will provide a safety surface for existing play
structures by using tires collected and recycled in Florida. The Waste Tire Grant allows
counties to buy materials made from recycled tires in order to promote the benefits of
recycling and to "close the loop" by buying recycled products.
The project will include signs noting the sponsors of the projects, and that the grant made
it possible to use this unique safety material. The signs also serve as important educational
tools identifying the Solid Waste Department's mission to educate the public on the
benefits of community participation in the proper disposal of tires, the benefits of recycling
and the innovations and benefits that result by using recycled materials. The projects were
chosen based primarily on the need for a safe surface for children to play on.
The projects should be completed by May 2000. These projects are consistent with the
use of Solid Waste Tire Grant funds as outlined in the Board's acceptance of the
Recycling & Education, Waste Tire and Litter Prevention Grants. These two projects are
replacing three of the five projects that were previously approved in an executive summary
presented to the Board on January 11, 2000, Iteml6 B (9). Projects withdrawn are
Barron Collier HS, Naples HS, and Lorenzo Walker Institute.
The projects chosen are as follows:
Fleischmann Park, City of Naples
Everglades City Community Park
FISCAL IMPACT: Funds are available in the 1999-00 Solid Waste Tire Grant. The
overall cost of the projects will not exceed $35,000.00. Work includes a concrete slab as
a foundation with a recycled tire and synthetic tire overlay. Preliminary site preparation
and excavation work as well as project management will be performed by the facilities
management team for each site.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners approves using
State Waste Tire Grant funds for a recycled tire safety surface at the locations listed.
SUBMITTED BY:
REVIEWED BY:
APPROVED BY:
Joa,d~. UayeT, ~e~y¢~in~ ~o;rdinator
S~/d' Waste Manag?ent Depaament
J,~ ~'(ede~arn, Interim Solid Waste
~ Administrator
Date:
Date:
Date:
" EXECUTIVE SUMMARY
APPROVE AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT
WITH WILSON MILLER, INC. FOR THE GORDON RIVER EXTENSION BASIN
STUDY (PHASE III) PROJECT #31005.
OBJECTIVE: That the Board of County Commissioners approve Amendment No. 2 to the
subject Agreement to provide for additional data collection involving engineering, surveying.
environmental services, and project management in the amount of $58,912 to complete the
required Phase III of the Basin Study.
DESCRIPTION: On April 7, 1998 the Board approved the Professional Services Agreement
with Wilson Miller. Inc. for the study of Gordon River Extension Basin. The Agreement covered
the third phase data collection portion of an extensive study for this region with the ultimate goal
of improving the water quality, groundwater recharge, and attenuation of stormwater flow for the
entire area. The limits of the study extended from Orange Blossom Drive in the north to Golden
Gate Parkway in the south.
The cost of this third Phase of the Study ($166,000) is shared by the City of Naples (16.7% of the
' ~ .o '/o of the total cost), and the remaining 50% (of the total cost)
total cost). Big Cypress Basin (_,o -o
is provided by Collier County. At the request of the City of Naples and approval of the County
and the Big Cypress Basin. the limits of the project were extended to the south to cover a major
drainage sub-basin located within the City of Naples via Amendment No. 1.
This Amendment (No. 2) will cover all the anticipated expenses for completing Phase III of the
project (stud>', data collection, and boundary delineation of Gordon River Basin), the unexpected
cost of documenting high water marks after Tropical Storm Harvey and will enable us to proceed
to the modeling (Phase IV) phase of this very important project.
FISCAL IMPACT: Funds in the amount of $58,912 are available in Water Management CIP
Fund. Sources of funds are Ad Valorem Taxes.
GROWTH MANAGEMENT IMPACT: None
MAR 2 8
,'UUU
PG.
Executive Summary,
",~nendment No.2 .,"Gordon River Ext."
Page 2
RECOMMENDATION: That the Board of County Commissioners approve Amendment No. 2
to the subject Agreement to provide for additional study, data collection, and boundary
delineation for the Gordon River Extension Basin study project.
SUBMITTED BY:
APPROVED BY:
Jolaiq H. Boldt. P.E., P.S.M.
S tor~-~' Man e Dire~
Ed}varfl'N. Fkfin,'Interim 2&dministrator
~blic Works Division
Date:
Date:
GORDON RIVER EXTENSION BASIN STUDY
AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT
This Amendment No. 2 to the Agreement dated December 17, 1999 (hereinafter
referred to as the "AGREEMENT") is made and entered into this day of
, 2000, by and between the Board of County Commissioners for
Collier County, Flor/da, a political subdivision of the State of Flor/da (hereinafter
referred to as the "OW.'NTR") and WilsonMiller, Inc., authorized to do business in the
State of Flor/da, whose business address is 3200 Bailey Lane, Suite 200, Naples, Florida
34105-8507 (hereinafter referred to as the "CONSULTANT").
WITNESSETH
Wt-IEREAS, OWNER and CONSULTANT currently have a valid professional
services agreement for the provision of professional services for the Gordon River
Extension Basin Study (hereinafter referred to as the "PROJECT"), said services more
fully described in said AGREEMENT; and
WHEREAS, OWNER and CONSULTANT agree some modifications (expansion
of survey limits, data collection, and project management) 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:
MAR 2 8 2rJOO
ARTICLE ONE
1.1 CONSULTANT shall provide to OWNER professional Engineering, Surveying,
and Environmental services in all phases of the project to which this Amendment applies.
1.2 CONSLrLTANT shall provide professional services in addition to those as
outlined in said AGREEMENT as noted in Exhibit A of this Amendment;as attached
hereto.
ARTICLE TWO
2.1 OV~rNER a~ees to compensate CONSULTANT for services rendered hereunder
as prescribed in Exhibit B, entitled "Exhibit B - Fees" For Basic Services and
Consultant's Estimate of Additional Sen'ices, as outlined in said AGREEMENT with the
modifications to Exhibit A to said AGREEMENT which are attached hereto and made a
part hereof.
3.1
ARTICLE THREE
The schedule for said PROJECT will remain unchanged.
4.1
ARTICLE FOUR
The AGREEMENT, as amended, shall remain in full force and effect.
2 8
IN' WITNTSS Vv~rtEREOF, the parties hereto have executed this Amendment to
Professional Sen'ices Agreement for the Gordon River Basin Study the day and year first
written above.
ATTEST: (As to Chairperson)
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA, A
POLITICAL SUBDIVISION OF THE STATE
OF FLORIDA
By:
Dwight E. Brock, Clerk
By:
Timothy J. Constantine, Chairman
Approved as to form and
legal sufficiencv:
Assistant County Attorne,v,N,, } ]
Witness
Witness /
Fermin A. Diaz, Executive Vice President
(CORPORATE SEAL)
MAR 2 8
PG..
PROJECT:
EXHIBIT A - SCOPE OF SERVICES
Gordon River Extension Basin Study Phase III DATE: December 17, 1999
Supplemental Agreement No. 2
PARAGRAPH SERVICE
The following describes the expanded or additional services as related to the section
numbers in Exhibit A - Scope of Services, of the original agreement.
Section 1 - Basin Related Research and Information Collection
1.A: Extended ground-truthing effort necessary to verify the basin boundary. Field
observations of high water marks from Tropical Storm Harvey.
1.D&E: Expanded research related to securing existing permit information from Collier
County, South Florida Water Management District and Big Cypress Basin archives.
Section 2 - Data Collection
2.B: Coordination and development of a drainage structure and survey cross-section
database (fietd survey related). Extended field surveying of channel cross-sections.
Section 3 - Basin Mapping and Database Development
3.B. D & E: Extended effort inputting wetlands, drainage and land use data.
3.H:. Extended preparation and production of graphics.
Section 4 - Deliverables
· Additional printing costs and reimbursable expenses related to photographic log and
mapping products.
No additional deliverables will be produced for the expanded or additional services
referenced herein. The work products will be incorporated into the deliverables
defined in Section 4 of the Scope of Services of the Agreement.
MAR 2 8 zOO,-:)
Exhibit A, Scope of Services
Gordon River Extension Basin Study Area
Supplemental Agreement No. 2
Page 2
The following describes the expanded or additional services as related to the "Project
Management and Meetings" task defined in Exhibit B -Summary of Fees, of the original
agreement.
Project Management and Meetings
· Coordinate multiple survey crews, including varying the work schedule to minimize
disruptions to golf course operations along the Gordon River corridor.
· Coordination of locations for site photographs and preparation of photographic log.
Excluded Services
The professional services that Wilson Miller will provide under this Proposal/Agreement
include, and are limited to, those described above in Sections 1,2, 3 and 4 of Exhibit A,
and the Project Management and Meetings task in Exhibit B. All other services are
specifically excluded. Listed below are excluded services which may be required or
desired for the Project:
1.1 .Materials testing.
1.2.Geotechnical services. Hydrogeological services. Hazardous waste assessments.
1.3. Review of abstract of title.
1.4.Subdivision plans.
1.5.Plat preparation.
11 t 1019~-44135 \.'er 63' -A C,O%'Z.~;:Z
N0475 -003 -30,3-- ~
MAR 2 8
PROJECT:
EXHIBIT El - FEES
Gordon River Extension Basin Study Phas..e... I I DATE: December 17, 1999
Supplemental Agreement No. 2
PARAGRAPH SERVICE FEE FIXED FEE OR
TYPE ESTIMATED AMOUNT
- Project Management T/M/E $5,532.50
1 I Basin Research T/M/E $.7,585.50
2 Data Collection T/M/E $12,266.91
3 Basin Mapping T/M/E $29,241.50
4 I Deliverables/Reimbursable Expenses T/M/E $4,285.16
Total Additional T/M/E fees I $58,911.57
EXECUTIVE SUMMARY
AUTHORIZE FUNDS FOR PROFESSIONAL SERVICES TO PERFORM POST-
CONSTRUCTION MONITORING REQUIREMENTS FOR THE COLLIER
COUNTY BEACH RESTORATION PROJECT.
OBJECTIVE: To obtain authorization to obligate funds for professional services to be'
provided by Coastal Engineering Consultants, Inc., during the fourth year of the post-
construction monitoring phase for the Collier County Beach Restoration Project.
CONSIDERATION: On May 24, 1994, the Board of County Commissioners approved
a Professional Services Agreement with Coastal Engineering Consultants, Inc. to provide
professional engineering services necessary for completion of the Collier County Beach
Restoration Project. Such included the following phases of work.
Final Design Services
· Bid Services
· Construction Services
· Post-Construction Services
The approval granted on May 24, 1994, provided authorization to obligate funds for the
final design phase with authorization to obligate funds for subsequent phases to be
requested upon completion of each prior phase of work. In accordance with such
procedure, on March 9, 1999, the Board of County Commissioners provided
authorization to obligate funds for professional services required during the third year of
post-construction monitoring. Pursuant to the current schedule, it is necessary at this
time to initiate the selwices required during the fourth year of the post-construction
monitoring phase to enable stipulated permit conditions to be completed in a timely
manner.
FISCAL IMPACT: Pursuant to an application for TDC funding, appropriation of funds
in the amount of $311,300.00 was approved for this purpose by the Beach
Renourishment/Maintenance Committee on June 10, 1999, the Tourist Development
Council on August 30, 1999 and the Board of County Commissioners on September 28,
1999 [Agenda Item 16(B)(7)]. Funds are available in Fund 195, Tourist Development -
60%. The source of funds is the Tourist Development Tax.
GROWTH MANAGEMENT IMPACT:
Management Plan related to this item.
There is no impact to the Growth
MAR 2 8 2000 !
Executive Summary
Collier County Beach Restoration Project
March 28, 2000
Page Two
RECOMMENDATION: That the Board of County Commissioners:
Authorize the obligation of funds in the amount of $283,000.00 as presented in the
attached proposal for professional services during the fourth year of the post-
construction monitoring phase of the Collier County Beach Restoration Project; and
Pursuant to Article 4, Paragraph 4.3 of the Professional Services Agreement, approve
the current Schedule "B" - Attachment "B", Hourly Rate Schedule for services to be
rendered hereunder.
SUq3MITTED BY:
Harold E. Huber, Project Manager III
Public Works Engineering Department
Date:
REVIEWED BY: ' ..x,,~ _ Date: Jeff Bibby, P.E., Director
Public Works E~eering Dt'p~ent
L. / //
Edward/~q. Finn, {I, fi~~''~ ~erim A~ministrator
~---~" Public Works Division
APPROVED BY: .,.'
HEH.Ih.Collier County Beach Restoration Project
attachment
c: Beach Renourishment/Maintenance Committee
Coastal Engineering Consultants, Inc.
MAR 2 8 2DDO
COASTAL
ENGINEERING
CONSULTANTS
INC
A CECt GROUP COtCPANY
January 10, 2000
Mr. Harry E. Huber, Projects Manager
Public Works Engineering Department
Collier County Florida
3301 Tamiami Trail East
Naples, Florida 34112
CECI Group Service__~
Civil Engineering
Survey & Mapp~ng
C OQSTOI Engineer!~
Real Estate Appr¢
EnvironmenTal Assessment
Webslte www coostolenglneenng cam
Re: Proposal for Professional Services: Collier County Post-Construction Monitoring
CEC File No. 00.001
Dear Harry:
Pursuant to our Professional Services Agreement (Purchase Order No. 403221, dated April 17, 1996) to provide
post-construction services for the Collier County Beach Restoration Project, we are pleased to present our revised
Schedule B, Attachment C for the 2000 Monitoring Report and related services.
SCHEDULE B - ATTACHMENT C
CONSULTANT'S ESTIMATE OF ADDITIONAL SERVICES
Post-Construction Phase
2.21.3.l Coordinate Agency Requirements $ 25,800.00
2.21.3.2 Environmental and Biologic Monitoring $ 78,100.00
2.21.3.3 Surveys:
(a) Annual Monitoring $ 66,000.00
(b) Post-Storm Allowance $ 40,000.00
2.21.3.4 Design and Coordination of Maintenance Activities $ 43,900.00
2.21.3.5 Wood Groin Permitting $ 29,200.00
TOTAL $ 283,000.00
Our estimated annual cost for providing these services will be $283,000.00 Charges for these services will be
billed on a time and reimbursable cost basis, based on the approved Schedule B - Attachment B, attached hereto,
which is made a part of this agreement as if fully contained herein. Services beyond the scope presented herein
can be provided as Additional Services and shall be authorized in writing by you.
We trust this proposal is responsive to your needs. If you have any questions, please contact our office.
Very truly yours,
COASTAI~ENGIIbI~EIRING CONSULTANTS, INC.
M
Coast~ Division Mana~sr
Attachment: Fee Schedule
3106 S. Horseshoe Drive. Naples, Florida 34104 · Phone (941) 643-2324
j.' data/ O0001/O000
Fox (94]) 643-] 143 ° E-Mail:
Collier County
Principal
Associate
Project
Staff
Designer
Technician
** Invoicine
SCHEDULE "B" - ATTACHMENT "B"
CONSULTANTS EMPLOYEE HOURLY RATE SCHEDULE
Effective January 1, 2000
POSITION / TITLE
Appraiser, Engineer, Environmental Specialist, Scientist, Surveyor & Mapper
Appraiser, Engineer, Environmental Specialist, Scientist, Surveyor & Mapper
Appraiser, Engineer, Environmental Specialist, Scientist, Surveyor & Mapper
Appraiser, Engineer, Environmental Specialist, Scientist, Surveyor & Mapper
Civil Engineering, Coastal Engineering, Surveying & Mapping
Appraisal, Engineering, Environmental, Scientific, Survey & Mapping
Construction Observer
Administrative Assistant, Appraisal Researcher, Research Assistant
Draftsman
Secretary
Labor
Three Man Survey & Mapping Crew
Two Man Survey & Mapping Crew
One Man RTK GPS Survey Crew
Two Man RTK GPS Survey Crew
Three Man RTK GPS Survey Crew
EXPENSE & EQUIPMENT DESCRIPTION
$ 2,300 /week
$ 150 /day
$ 250 /day
$ 1,000 /week
$ 40/day $150/week
$ 65 /half day
Payments are due upon receipt of invoices.
Hydrographic DGPS Survey System
1 Week Minimum Lease
Single Frequency Depth Sounder
Real Time GPS Survey System (RTK)
Tide Recorder (1 Month Minimum)
Current Meter (1 Week Minimum)
Turbidimeter
Survey Boat
Off-Road Vehicle (ATV)
Water Level Meter
Organic Vapor Analyzer (OVA)
Peristaltic Pump (PP)
Combustible Gas Indicator
Water Quality Meter
Temporary Monitoring Well (shallow)
Blueprints
Mylar
Mileage
will be provided on a monthly basis.
CEC FILE NO. 00.001
Hourly Fees
$ 125.00
$ 105.00
$ 80.00
$ 70.00
$ 65.00
$ 55.00
$ 45.00
$ 40.00
$ 40.00
$ 25.00
$ 25.oo
$ 100.00
$ 90.0o
$ 90.00
$ 110.00
$ 125.00
Rate/Fee
$7,500/month
$3,000/month
$1,000/week
$ 500 /month
$3,000/month
$ 500/month
$ 275/day
$ 120/day
$ 50/day
$ 100/day
$ 75/day
$ 65/day
$ 75/day
$ 30/each
$ 1.50/sheet
$ 8.00/sheet
$ 0.29/mile
If written notice of a
question is not received within thirty (30) days of invoice, such action will be construed as acceptance of charges and
service as accurate and acceptable.
In the event that legal action becomes necessary to collect our fees, we are entitled to the costs of reasonable
attorney's fees incurred by us.
** Reimbursable Expenses will be billed at cost. Typical out of pocket expenses include: out-of-town travel made on
behalf of the client relating to permitting, aerial reconnaissance and photographic expenses, and prints.
** Subcontracts or Subconsultants will be administered at cost plusl0%.
** Rates on this schedule are guaranteed for one year from the date shown above.
** Expert Witness fees will be negotiated on a case by case basis separately.
** Suspension of Services - Coastal may, after seven days written notice to the Client, suspend services under this
.l: data/OOOO l /2OOOcollier
agreement until payment has been received in full of ali amounts due for services, expenses and charges.
MAR 2
~ ~Uu~
EXECUTIVE SUMMARY
APPROVE STAFF RANKING OF FIRMS FOR CONTRACT NEGOTIATIONS FOR
GRADE SEPARATION STUDY, RFP #99-3010.
OBJECTIVE: To receive Board's approval of staff's ranking of firms for the Grade Separation Study and
to begin contract negotiations with the top ranked firm for subsequent Board approval.
CONSIDERATIONS: On October 7, 1999, the County Administrator appointed a selection committee
to review the proposals for RFP #99-3010. The proposals are for determining possible grade separation
locations throughout Collier County and to establish a ranking system for the grade separations identified.
RFP #99-3010 was issued, and four (4) responses were received on February 11, 2000. The Selection
Committee authorization letter and staff ranking matrix are submitted as attachments.
The Committee reviewed the four (4) proposals and selected the top three (3) firms for approval and contract
negotiations as follows:
1. Kimley-Horn and Associates, Inc.
2. Tindale-Oliver and Associates, Inc.
3. WilsomMiller
FISCAL IMPACT: Funding for this stud), will come from the gas tax supported Transportation Capital
fund.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners:
(1) Approve staff's ranking and authorize staff to begin contract negotiations with the top ranked firms
beginning with the number one ranked firm for Board's subsequent approval.
(2) Authorize the Chairman to sign the Standard County Agreement after the County Attorney review.
SUBMITTED BY:
Peter S. Hayden, E.I.
Project Manager, Public Works Engineering Department
REVIEWED L.~,_,eff Bibby, P.E. ~' Date:
Director, Public Works Engineering Department
Grade Separation Study RFP #99-3010, Page 2 of 2
REVIEWED BY: ,. :..%~f,~ // Date:
Steve JCamell'
Direc[or,/Pur..chasing~General. ,. Se~ices
~VIEWED BY: , ." z.":, ::'~. ~ /~
:dward r.
Transpo~ati~ Semices Director
APPROVED BY;"~~ ~
/' ~d~rd Fi~. /'
~ In(e~m Public Works Administrator
Date: &'- ' ', - 6::
Date:
MAR 2 8
ZUDU
COLLIER COtTNTY GOVERNMENT
SUPPORT SERVICES DMSION
Purchasin~ Department
CWW Address: co.collier.fl, us
February 29, 2000
Kimley-Horn and Associates, Inc.
1220 Tech Boulevard
Tampa, Fiodda 33619
Attention: Mr. Bruce Friedman, P.E., P.T.O.E., Project Manager
Re: RFP #99-3010 - "Grade Separation Study"
Dear Mr. Friedman:
Thank you for participating in RFP #99-3010 for the Grade Separation Study.
Each of the firms submitting proposals demonstrated excellent qualifications, professional
ability, and the resources necessary to complete the project. The Selection Committee
Members have scored each proposal in accordance with evaluation criteda established in the
RFP document and ranked the firms as follows:
Kimley-Horn and Associates, Inc.
Tindale-Oliver and Associates, Inc.
WilsonMiller, Inc.
Contract negotiations will commence with the number one ranked firm for this project
upon approval of the shortlist by the Board of County Commissioners. Should you have any
questions, please do not hesitate to contact me at 941/774-8425. Again, thank you for
participating in this Request for Proposal.
Sincerely,
Gwen Butler, CPPB
Senior Buyer
Jeff Bibby, P.E., Director, PWED
Ed Kant, P.E., Director, Transportation Services
Dale Bathon, P.E., Transportation Department
Julio Ordonez, P.E., PWED
/,,P~er Hayden, E.I., Project Manager, PWED
MA~' ~ ~' 2aaa
EXECUTIVE SUMMARY
AUTHORIZE THE CHAIRMAN OF THE BOARD OF COUNTY
COMMISSIONERS TO EXECUTE A SOVEREIGN SUBMERGED LANDS
EASEMENT FOR THE WATER TURKEY BAY MAINTENANCE DREDGING
PROJECT
OBJECTIVE: To obtain the notarized signature of the commission chairman along with
two witnesses as required by the Florida Department of Environmental Protection for
granting a sovereign submerged lands easement for the Water Turkey Bay Maintenance
Dredging Project.
CONSIDERATION: On June 28, 1999, the Florida Department of Environmental
Protection issued a Consolidated Joint Coastal Permit and Intent to Grant Sovereign
Submerged Lands Authorization for the Water Turkey Bay Maintenance Dredging
Project. The activity description contained in said permit is as follows:
"The project is to dredge a navigational channel from the north entrance to South
Channel southward to the south end of Water Turkey Bay, by removing approximately
15,700 cubic yards of material from a 4.6 acre area of submerged lands to an upland
disposal site, with no return of water or material to waters of the State; dredging to a
maximum depth of-5.0' mean low water (MLW), with an overdredge tolerance of .5'."
This activity requires a proprietary authorization, as the activity is located on sovereign
submerged lands owned by the Board of Trustees of the Internal Improvement Trust
Fund. As staff to the Board of Trustees, the Florida Department of Environmental
Protection has reviewed the described activity, and has determined that the navigation
channel requires a public easement for the use of those lands. The final documents
required to execute the Public Easement (Instrument No. 29908, BOT File No. 11-
3038195) are attached hereto. The easement requires the notarized signature of the
Commission Chairman (with two witnesses), Authorization to provide the required
signatures is hereby requested.
FISCAL IMPACT: Funds in the amount of $37.50 are available in Fund 195, Tourist
Development - 60%. The source of funds is the Tourist Development Tax.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth
Management Plan related to this item.
RECOMMENDATION: That the Board of County Commissioners:
1. Authorize execution of the attached Soverign Submerged Lands Easement by the
notarized signature of the Commission Chairman (with two witnesses).
Authorize the fully executed easement to be recorded in the public records of Collier
County. ~
Executive Summary
Water Turkey Bay
March 28, 2000
SUBMITTED BY: .
Harold E. Huber, Project Manager III
Public Works Engineering Department
Date:
REVIEWED BY: -- · ,
Jeff Bibby, P.E., Director
Public Works Engineering Department
APPROVED BY:/? ~d~~ N. l~n~tefim'3kdministrator
Pub'iic Works Division
HEH.Ih.Water Turkey Bay
attachment
Date:
Beach Renourishment/Maintenance Committee
Michael T. Poff, P.E., Coastal Engineering Consultants, Inc.
MAR 2 8 2000
This Instrument Prepared
Tom Butler
Bureau of Public Land Administration
3900 Commonx~ ealth Boulevard
Mail Station No 125
Tallahassee. Florida 32399
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
SOVEREIGN SUBMERGED LANDS EASEMENT
NO 29908
BOT FILE NC). i 13038195
THIS EASEM'ENT is hereby granted by the Board of Trustees of the Intemal Improvement Trust Fund of
the State of Florida, hereinafter referred to as tile Grantor.
\VITN-ESSETH: That for tile faithful and timely performance of and compliance with the terms and
conditions stated herein, the Grantor does hereb) grant to the Collier Countw Board of Count', Commissioners.
hereinafter referred to as the Grantee. a nonexclusive easement on. under and across the sovereign lands described
as follox~ s
A parcel of sovereign submerged land in Sections 17 and 20,
Township 48 South, Rano_e 25 East. in Water Turkex Bas',
Collier Count5.. as is more particularly described
and shown on Attachment A. dated Ma~ 21. 1998.
TO HAVE THE USE OF the hereinabove described premises from June 28, 1999. the effective date of
this easement The terms and conditions of and for which this easement is granted are as follows:
I USE OF PROPERTY The aboxe described parcel of land shall be used solely for a public navi~iation
cham~el and Grantee shall not engage in any activils, except as described in the Department of Environmental
Protection Modified Wetland Resource Pemdt No. 113038195 (11-0129055-001 through 007), dated June 28. 1999,
incorporated herein and made a part of this easement by reference.
2. RIGHTS GRANTED: The rights hereby granted shall be subject to any and all prior rights of the
United States and any and all prior grants by the Grantor in and to the submerged lands situated within the limits of
this easement.
3 DAMAGE TO EASEMENT PROPERTY AND INTERFERENCE WITH PUBLIC AND PRIVATE
RIGHTS: Grantee shall not damage the easement lands or unduly interfere with public or private rights therein.
4 GRANTOR'S RIGHT TO GRANT COMPATIBLE USES OF THE EASEMENT PROPERTY: This
easement is nonexclusive, and the Grantor, or its dui3' authorized agent, shall retain the right to enter the property or
to engage in management activities not inconsistent with the use herein provided for and shall retain the right to
grant compatible uses of the property to third parties during the term of this easement.
5. RIGHT TO INSPECT: Grantor. or its dui)' authorized agent, shall have the right at any time to inspect
the works and operations of the Grantee in any matter pertaining to this easement.
6. INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS: The Grantee shall investigate all claims
of every nature at its expense, and shall indemnify, defend and save and hold harmless the Grantor and the State of
Florida from all claims, actions, lawsuits and demands arising out of this easement.
7. VENUE: The Grantee shall investigate all claims of every nature at its expense. Each party is
responsible for all personal injur3' and property damage attributable to the negligent acts or omissions of that party
and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of
sovereign h'nmunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from
time to time, or any other law providing limitations on claims."
8, ASSIGNMENT OF EASEMENT: This easement shall not be assigned or otherwise transferred without
prior written consent of the Grantor or its duly authorized agent. Any assignment or other transfer without prior
written consent of the Grantor shall be null and void and without legal effect.
9 TERMINATION: The Grantee. by acceptance of this easement, binds itself, its successors and assigns.
to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed
covenants of the Grantee. its successors and assigns. In the event the Grantee fails or refuses to comply with the
provisions and conditions herein set forth or in the event the Grantee violates any of the provisions and conditions
herein, this easement may be terminated by the Grantor upon 30 days written notice to Grantee. If terminated, all of
the above-described parcel of land shall revert to the Grantor. Ail costs, including attorneys' fees, incurred by the
Grantor to enforce the provisions of this easement shall be paid by the Grantee. All notices required to be given to
Grantee by this easement or applicable law or administrative rules shall be sufficient if sent by U.S. Mail to the
follow ing address:
Collier Count>' Board of Count>' Commissioners
c 'o Harr5' E. Huber, Public Works and Engineering Dept.
330~ Tamiami Trail East
Naples. Florida 34112
The Grantee agrees to notifv the Grantor by certified mail of any changes to this address at least ten (10) days
before tile change is effective.
10 TAXES AND ASSESSMENTS: The Grantee shall assume all responsibiliu' for liabilities thal accrue
to the sut~.iecl propert3 or to the innprovements thereon, including any and all drainage or special assessments or
taxes of ever3 kind and description uhich are now or ma3 be hereafter lawfully assessed and levied against the
sub.lect property during the effective period of this easement which result from the grant of this easement or the
activities of Granlee hereunder.
11 REMOVAL OF STRUCTUKES/ADMINISTRATIVE FINES: If the Grantee does not remove said
structures and equipment occupying and erected upon tile premises after expiration or cancellation of this easement.
such structures and equipment will be deemed forfeited to the Grantor, and the Grantor may authorize removal and
may sell such forfeited structures and equipment after ten (10) days written notice by certified mail addressed to the
Grantee at the address specified in Item 10 or at such address on record as provided to the Grantor by the Grantee.
However. such reined.': shall be in addition to all other remedies available to Grantor under applicable laws. rules
and regulations including tile right to compel removal of all structures and the right to impose administrative fines.
12 ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Grantor to
enforce any provision, nor an5' x~ aiver or successive waix ers on its part of any provision herein, shall operate as a
discharge thereof or render the same inoperative or impair the right of the Grantor to enforce the same upon an.,,'
renewal thereof or in the event of subsequent breach or breaches
13 RECORDATION OF EASEMENT: The Grantee, at/ts own expense, shall record this fully executed
easement in its entiret> in the public records of the county within which the easement site is located within fourteen
(14) days after receipt, and shall provide to the Grantor within ten (10) days following the recordation a copy of the
recorded easement in its entire~' which contains the O.R. Book and pages at which the easement is recorded.
14. AMENDMENTS/MODiFICATIONS: This easement is the entire and only agreement between the
parties. Its provisions are not severable. An)' amendment or modification to this easement must be in writing and
must be accepted, acknowledged and executed by the Grantee and Grantor.
15. ACOE AUTHORIZATION: Prior to commencement of construction and/or activities authorized
herein, the Grantee shall obtain the U.S. Army Corps of Engineers (COE) permit if it is required by the COE. Any
modifications to the construction and/or activities authorized herein that may be required by the COE shall require
consideration by and the prior written approval of the Grantor prior to the commencement of construction and/or
any activities on sovereign, submerged lands.
16. ADDITIONAL STRUCTURES OR ACTIVITIES/EMERGENCY STRUCTURAL REPAIRS: No
additional structures shall be erected and/or activities undertaken, including but not limited to, dredging,
relocation/realignment or major repairs or renovations made to authorized structures, on, in or over sovereignty,
submerged lands without the prior written consent of the Grantor, with the exception of emergency repairs. Unless
specifically authorized in writing by the Grantor, such activities or structures shall be considered unauthorized and a
violation of Chapter 253. Florida Statutes, and shall subject the Grantee to administrative fines under Chapter 18-14,
Florida Administrative Code. If emergency repairs are required to be undertaken in the interests of public health,
safety or welfare, the Grantee shall notify the Grantor of such repairs as quickly as is practicable; provided,
however, that such emergency activities shall not exceed the activities authorized by this easement.
Page :2 of_..~_6 Pages
Easement No. 29908
I IffAR 2 8 20 0
17. UPLAND RIPA1LIAN PROPERTY iNTER.EST: During the term of this easement, Grantee, pursuant
to section t 8-21.009, Florida Administrative Code, must either be the record owner of the riparian upland property.
or have the written consent of the riparian upland property owner(s) to conduct the activiu' described in this
easement. If at any time during the term of this easement, Grantee fails to comply with this requirement, this
easement shall terminate and title to this easement shall revert to and vest in the Grantor immediately and
automaticallx
Page 3_~ of~6 Pages
Easement No. 29908
MAR 2
WITNESSES:
Original Signature
Typed/Printed Name o£ Witness
Original Signature Improvement
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FLrND OF THE STATE OF
FLORIDA
(SEAL)
BY
Richard W. Cantrell, Director of District Management. South
DistricL Department of Environmental
Protection, as agent for the Board of Trustees of the internal
Trust Fund of the State of Florida
T) ped'Yrinted Name of Wituess
STATE OF FLORIDA
COUN'FY OF
"GRANTOR"
The foregoing instrument was acknowledged before me this ~ day of , 19__, by
Richard W Cann'ell. Director of District Manaeement. South DistricL Department of Environmental Protection, who is personally
'knox~ n to hie
APPROVED AS TO FO~M AND LEGALITY:
DEP Attornex
Notau' Public. State of Florida
Printed. Typed or Stamped Name
My Commission Expires:
Commission/Serial No,
WITNESSES
Collier Countx. Board of County Commissioners (SEAL)
Original Signature
Typed~Printed Name of \Vitness
Original Signature
BY
Original Signature of Executing Authority
Timothy J. Constantine.
Typed/Printed Name of Executing Authority
Chairman
Title of Executing Authority
Typed'Printed Name of Wimess
STATE OF
COUNTY OF
"GRANTEE"
The foregoing instrument was acknowledged before me this ~ day of , 19 , by
Timothy J. Constantine as Chairman, for and on behalf of the Collier Count5,' Board of County Commissioners. He is personally
known to me or produced as identification.
"ly Commission Expires:
Notary Public, State of
Commission/Serial No.
Page _~4 of_~._6 Pages
Easement No. 29908
Printed, Typed or Stamped Name
ATTEST:
DWIGHT E. B}t~O~)C, (~1.[.~1~
Attachment A: Locator Map for Water Turkey Bay Dredging
DELNOR-WIGGIN$:
STATE RECREATION
DELINITEO A~E,
· ..~ .'.:.,...-,.2...~
DEL~ETED AREA , ,
Location of Project
WATER TURKEY BAY
PROPOSED EASEMENT AREA
DESCRIPTION
A strip of land submerged in Water Turkey Bay lying in Sections 17 and 20, Township 48
South, Range 25 EasE, Collier County, Florida being described as follows:
Commencing at the northeast corner of Lot 1, Block V of Conner's Vanderbilt Beach
Estates, Unit No. 3 as recorded in Plat Book 3, Page 89 of the Public Records of Collier
County, Florida run N89°54'47"W along the southerly right-of-way line of Bluebill
Avenue for a distance of 1128.00 feet to the northwest corner of Lot 14 of said subdivision:
[hence N24*19':~7"W 2109.23 feet to the POINT OF BEGINNING; thence
N13'20'56"W 99772 feet; thence N21'Ig'35"W 891.80 feet; thence N26*37'O4"W
599.59 feet: thence N20'05'lS"W 400.23 feet; thence N28'56'53"W 247.28 feet;
thence NOO'iO'la"E 1575.82 feet; thence S89'40'28"E 140.00 fee[; thence
S00'19'32"W 420,00 feet: thence S02'57'46"W 977.97 feet: thence S17'07'30"E
37513 feetl thence S20'02'23"E 39776 feet; thence S26'37'04"E 1143.66 feet;
[hence S13°20'56"E 1369.88 feet: thence S76°39'04"W 90.00 feet to the POINT OF
BEGINNING·
The above describes an area of approximately 500,003 square feet or 11,48 acres of
submerged land
Subject to easements, restrictions and reservations of record.
Attachment A
Page 5 of 6 pages
Easement No. 299908
2 8 200
Attachment A
This Instrument Prepared By:
Tom Butler
Bureau of Public Land Adminislration
3900 Commonwealth Boulevard
Mail Station No. 125
Tallahassee, Florida 32399
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF TI-[E STATE OF FLORIDA
SOVEREIGN SUBMERGED LANDS EASEMENT
NO. 29908
BOT FILE NO. 113038195
THIS EASEMENT is hereby granted by the Board of Trustees of the Internal Improvement Trust Fund of
the State of Florida~ hereinafter referred to as the Grantor.
WITNESSETH: That for the faithful and timely performance of and compliance with the terms and
conditions stated herein, the Grantor does hereby grant to the Collier Count,/Board of County Commissioners,
hereinafter referred to as the Grantee. a nonexclusive easement on, under and across the sovereign lands described
as follows:
A parcel of sovereign submerged land in Sections 117 and ~
Township 48 South. Range 25 East, in Water Turkey Bay,
Collier Count3', as is more particularly described
and shown on Attachment A, dated May 21, 1998.
TO HAVE THE USE OF the hereinabove described premises from June 28, 1999, the effective date of
this easement. The terms and conditions of and for which this easement is granted are as follows:
1. USE OF PROPERTY: The above described parcel of land shall be used solely for a public navigation
channel and Grantee shall not engage in any activity except as described in the Department of Environmental
Protection Modified Wetland Resource Permit No. 113038195 (11-0129055-001 through 007), dated June 28. 1999,
incorporated herein and made a part of this easement by reference.
2. RIGHTS GRANTED: The rights hereby granted shall be subject to any and all prior fights of the
United States and any and all prior grants by the Grantor in and to the submerged lands situated within the limits of
this easement.
3. DAMAGE TO EASEMENT PROPERTY AND INTERFERENCE WITH PUBLIC AND PRIVATE
RIGHTS: Grantee shall not damage the easement lands or unduly interfere with public or private fights therein.
4. GRANTOR'S RIGHT TO GRANT COMPATIBLE USES OF TH~ EASEMENT PROPERTY: This
easement is nonexclusive, and the Grantor, or its duly authorized agent, shall retain the right to enter the property or
to engage in management activities not inconsistent with the use herein provided for and shall retain the right to
grant compatible uses of the property to third parties during the term of this easement.
5. RIGHT TO INSPECT: Grantor, or its duly authorized agent, shall have the right at any time to inspect
the works and operations of the Grantee in any matter pertaining to this easement.
6. INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS: The Grantee shall investigate all claims
of every nature at its expense, and shall indemnify, defend and save and hold harmless the Grantor and the State of
Florida from all claims, actions, lawsuits and demands arising out of this easement.
7. VENUE: The Grantee shall investigate all claims of every nature at its expense. Each party is
responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party
and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of
sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from
time to time, or any other law providing limitations on claims."
AR 2 i
8. ASSIGNMENT OF EASEMENT: This easement shall not be assigned or otherwise transferred without
prior written consent of the Grantor or its duly authorized agent. Any assignment or other transfer without prior
written consent of the Grantor shall be null and void and without legal effect.
9. TERMINATION: The Grantee, by acceptance of this easement, binds itself, its successors and assigns,
to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed
covenants of the Grantee, its successors and assigns. In the event the Grantee fails or refuses to comply with the
provisions and conditions herein set forth or in the event the Gran~ee violates any of the provisions and conditions
herein, this easement may be terminated by the Grantor upon 30 days written notice to Grantee. If terminated, all of
the above-described parcel of land shall revert to the Grantor, All costs, including attorneys' fees, incurred by the
Grantor to enforce the provisions of this easement shalt he paid by the Grantee. All notices required to be given to
Grantee by this easement or applicable law or administrative rules shall be sufficient if sent by U.S. Mail to the
following address:
Colher County, Board of County Commissioners
c/o Harry E. Huber, Public Works and Engineering Dept.
3301 Tmniami Trail East
Naples, Florida 34112
The Grantee agrees to notify the Grantor by certified mail of any changes to this address at least ten (10) days
before the change is effective.
lO TAXES AND ASSESSMENTS: The Grantee shall assume all responsibility for liabilities that accrue
to the subject property or to the improvements thereon, including any and all drainage or special assessments or
taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the
subject property during the effective period of this easement which result from the grant of this easement or the
activities of Grantee hereunder.
I 1 REMOVAL OF STRUCTURES/ADMINISTRATWE FINES: If the Grantee does not remove said
structures and equipment occupying and erected upon the premises after expiration or cancellation of this easement,
such structures and equipment will be deemed forfeited to the Grantor, and the Grantor ma)' authorize removal and
may sell such forfeited structures and equipment after ten (10) days written notice by certified mail addressed to the
Grantee at the address specified in Item 10 or at such address on record as provided to the Grantor by the Grantee.
However, such remedy shall be in addition to all other remedies available to Grantor under applicable laws, rules
and regulations including the right to compel removal of all structures and the right to impose administrative fmcs.
12. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Grantor to
enforce any provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a
discharge thereof or render the same knoperative or impair the right of the Grantor to enforce the same upon any
renewal thereof or in the event of subsequent breach or breaches.
13. RECORDATION OF EASEMENT: The Grantee, at its own expense, shall record this fully executed
easement in/ts entirety in the public records of the county within which the easement site is located within fourteen
(14) days after receipt, and shall provide to the Grantor within ten (10) days following the recordation a copy of the
recorded easement in its entirety which contains the O.R. Book and pages at which the easement is recorded.
14. AMENDMENTS/MODIFICATIONS: This easement is the entire and only agreement between the
parties, its provisions are not severable. Any amendment or modification to this easement must be in writing and
must be accepted, acknowledged and executed by the Grantee and Grantor.
15. ACOE AUTHORIZATION: Prior to commencement of construction and/or activities authorized
herein, the Grantee shall obtain the U.S. Army Corps of Engineers (COE) permit if it is required by the COE. Any
modifications to the construction and/or activities authorized herein that may be required by the COE shall require
consideration by and the prior written approval of the Grantor prior to the commencement of construction and/or
any activities on sovereign, submerged lands.
16. ADDITIONAL STRUCTURES OR ACTIVITIES/EMERGENCY STRUCTURAL REPAIRS: No
additional structures shall be erected and/or activities undertaken, including but not limited to, dredging,
relocation/realignment or major repairs or renovations made to authorized slrucmres, on, in or over sovereignty,
submerged lands without the prior written consent of the Grantor, with the exception of emergency repairs. Unless
specifically authorized in writing by the Grantor, such activities or structures shall be considered unauthorized and a
violation of Chapter 253, Florida Statutes, and shall subject the Grantee to administrative fines under Chapter 18o14,
Florida Administrative Code. If emergency repairs are required to be undertaken in the interests of public health,
safety or welfare, the Grantee shall notify the Grantor of such repairs as quickly as is practicable; provided,
however, that such emergency activities shall not exceed the activities authorized by this easement.
Page ~ of 6._.~_ Pages
Easemem No. 29908
17. UPLAND RIPARIAN PROPERTY INTEREST: During the term of this easement, Grantee, pursuant
to section 18-21.009, Florida Adminisu'ative Code, must either be the record owner of the riparian upland property
or have the written consent of the riparian upland property owner(s) to conduct the activity described in this
easement. If at an), time during the term of this easement, Grantee fails to comply with this requirement, this
easement shall terminate and title to this easement shall revert to and vest in the Grantor immediately and
automatically.
Page 3 of 6 Pages
Easement No. 29908
MAR 2
WITNESSES:
Original Signature
Typectqhinted Name of Wimess
Original Signature Improvement
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE OF
FLORIDA
(SEAL)
BY
Richard W. Cantrell, Director of District Management, South
District, Deparlment of Environmental
Protection, as agent for the Board of Trustees of the Internal
Trust Fund of the State of Florida
Typed/Printed Name of Wimess
STATE OF FLORIDA
COUNTY OF
"GRANTOR"
The foregoing instrument was acknowledged before me this day of , 19__, by
Richard W. Cantrell, Director of District Management, South Dislrict, Depar~ent of Environmental Protection, who is personally
known to me.
APPROVED AS TO FORM AND LEGALITY:
DEP Attome>
Notary. Public, State of Florida
Printed, Typed or Stamped Name
My Commkssion Expires:
ComrmssioWSefial No.
WqTNTSSES:
Collier CounW Board of County Commissioners (SEAL)
Original Signature
Typed/Printed Name of Witness
Original Signature
BY
Original Signature of Executing Authoriw
Timothy J. Constantine
Typed/Printed Name of Executing Authority
Chairman
Title of Executing Authority
Typed/Printed Name of Wimess
STATE OF
COUNTY OF
The foregoing inslrument was acknowledged before me this day of ,19 , by
Timothy J. Constantine as Chairman, for and on behalf of the Collier County Board of County Commissioners. He is personally
known to me or produced as identification.
Commission Expires:
Notary Public, State of
Commission/Serial No.
Page ~ of£ Pages
Easement No. 29908
Printed, Typed or Stamped Name
~TTE ST:
DWIGHT E,
NO -/.~2~~
MAR 2 8
Attachment A: Locator Map for Water Turkey Bay Dredging
STATE ;:'RESERVE
DEtI~ITED ARE,
14 13
"' ~ORTH NAPLKS -' ~,"'r-- ;
'.:",',':' '-'::!:: .D[LLI~II TF.D ~,~EA , .
Location of Project
WATER TURKEY BAY
PROPOSED EASEMENT AREA
DESCRIPTION
A strip of land submerged in Water Turkey Bay lying in Sections 17 and 20, Township 48
South, Range 25 East, Collier County, Florida being described as follows:
Commencing at the northeast corner of Lot 1, Block V of Conner's Vanderbilt Beach
Estates, Unit No 3 as recorded in Plat Book 2, Page 89 of the Public Records of Collier
County, Florida run N89'54'47'~ along the southerly right-of-way line of Biuebill
Avenue for a distance of 1128.00 feet to the northwest corner o[ Lot 14 of said subdivision;
thence N24'19'27"~' 2109.23 feet to the POINT OF BEGINNING; thence
N13*20'SS"W 997.?2 feet; thence N21*16'BS'W 891.80 fee).; thence N28*B?'O4'W
599.59 feet; thence N20'05'lS"W 400.23 feet; thence N28*56'53"W 24?.28 feet;
thence N00°i0'IS"E 1575.82 feet; thence S89'40'28"E 140.00 feet; thence
S00'19'32"W 420.00 feet; thence S02'57'46'"W 977.97 feet; thence S17'07'30"E
375.13 feet; thence S~0'02'23"E 39?.?6 feet; thence S26'37'04"E 1143.8§ feet;
thence S13'20'56"E 1369.88 feet; thence S78'39'04"~ 90.00 feet to the POINT OF
BEGINNING
The above describes an area of approximately 500,002 square feet or 11.48 acres of
submerged land.
Subject to easements, res).rictions and reservations of record,
Attachment A
Page 5 of 6 pages
Easement No. 299908
Attachment A
I
!
EXECUTIVE SUMMARY
APPROVE FUNDING FOR A WORK ORDER WITH HARTMAN & ASSOCIATES,
INC., FOR ENGINEERING SERVICES RELATED TO NOISE ISSUES AT THE
NORTH COUNTY REGIONAL '~YATER TREATMENT FACILITY, PROJECT
7006.t
OBJECTIVE: rI'ha~ lhe Board of County CommissioncFs. as 1he Ex-Ofl~cio Governing
}3oard of the Collier County Water-Sewer District. approve funding for a work order lbr.
professional engineering services to perform a noise smd\ al the North County Regional
X,Vater Treamlem Facilitx (NCR\VTF).
CONSIDERATIONS: 'lhe NCRW]'F 8-mgd Expansion project was substantially
completed on May 14. 1099. When a facility is designed and built, only theoretical
opcralional noise lc\els are axailablc based on manulhcttH-er's equipment data. Once tile
complelcd facilitx is in operalion, a noise study needs to bc perlbrnled to determine actual
noise Icx el readings. 'l'he prqject plan has always included a noise stud> to evaluate plant
sound levels a! tile conclusion el'rials prcLiect.
t laFlman aC Associates. Inc.. a consultant on our annual engineering contract, has submitted
and 5tal'I' ]qa5 negoliatcd, an initial proposal in the amount oF $19.730.00. to perlbrm a noise
stud\ as described above. Thc proposal inclfides projecl meetings, determining noise levels
at all pcl'imctcFs of lhe plant (both inside and outside) in x aFious operating modes and draft
and final reports. Thc proposed schedule completes the x~oFk, including a final report withil~
\\'hen thc 'xC'R\VTI site on Vandcl'bi}l Beach Road was approxcd lhc BoaFd stipulated that
tiao sound lc\el fi'om lhc phlnt xxould nol exceed 55 decibels, llomcowncrs living in lhe
vicinitx of ~tae plant haxc e×pFosscd concern that noise emanating fFom the NCRWTF
imFttdes on thc quiet cnjovmcnt oFtheir property.
To immediately address some of tile homeoxvner's concerns tile tbllowing planl protocols
have been established:
NoFmal deliveries shall be made only between 7:00 Am and 6:00 PM
No maintenance, repaiL expansion or operational activities shall be unnecessarily
conducted belbre 7:00 :\M or after 6:00 PM or on x~ccl, cnds.
· All equipment and machinery shall be properly muffled with appropriate sound
attenuation devices so as to minimize disturbances to the surrounding community.
· Any maintenance, repair, expansion or operational activities shall be muffled with
appropriate sound attenuation devices so as to minimize disturbances to tile surrounding
comnnmity.
StafFs intermediate term response IO the homeowner's concerns is to conduct a community
sound study to determine the nature of the sound problem as a first step towed ofi~ring
broader solutions. Staff is presemly negotiating an additional scope of services with Hanman
MAR 2
Executive Summary
Approve Work Order with Hartman & Associates, Inc.
Page 2
& Associates. Inc.. to pert'cnn continuous 24. 48 and 72-hour noise monitoring at seven
specilic homeoxNncr siles in close proximity to the plant. Baseline noise readings will be
taken at complete plant shuldoxvn. Operating noise readings will be taken during diflbrent
plant operating modes: membrane softening side chh' runlqing and lktll plant running. This
data will be evaluated and utilized to determine specific noise characteristics, to identi~' the
ol'tLmding plant noise component(s), if any. and to recommend remedial improvement(s) to
be made. It is estimated that this additional scope will be 520.000.00. Staff will execute an
amendment to lhis x~ ork order xxhen a ]Snal scope and the is negotiated.
Staff recommends that work order }IAA-FT-00-02 with l lartman & Associates. Inc.. in the
amoum of 510.730.00 and the additional community sound study amendment fbr $20.000.00
bc approx cd.
FIS('AL IMPACT: 'lhis project_ . is not funded in Fiscal 'l'Cal' 00. A bud-et= amendment is
nccdcd Io transt'cr l\mds in thc alllOtll]l Of $40.000 l~l'Om \\ ater Capital Reserves to project
7(~(16Y - N('R\VTP Noise Abatement Study. The source of l'unds is user fees.
GRO~X, TH 5IANAGEMENT IMPACT: Nol~e.
RE(~OM.MENI)ATIONS: l'hat the Board of County ('ommissioners. as the Ex-Officio
g~xcrning board of thc Collier Count\ Water-Sc\vet District. apl>rove a budget amendment
l}~r x~orl, order ttA.X-FI'-00-02 with thu'tman & Associmc~. Inc.. including additional scope
to be incorporated in a l~ttu'e work order anlcndlllelql.
5;.'[ 'BNIIT]'ED I3'5": [)ate:
Pctcr Schall. PMP. P\VED Projec! Manager
P, EVIt-i \VED BY:
JeffBibbv. P.E.. P\VED Director
Date:
REVIEX\'Ei) BY: Date:
Paul E. Mattausch. Waler.~e~tor
nterim Public Works :\dministr~or
Attachments: Copy of \Vork Order HAA-FT-00-02
WORK ORDER it HAA-FT-00-02
Agreement for Fixed Term Professional Engineering Services
Dated l)ecmaber 8, 1998 (Contract #~8-2835 )
This Work Order is for professional engineering services for work known as
.(Title) NCRWTP NOISE ABATEMENT & SUPPRESSION STUDY
(Reason for Project) To determine noise sources, ascertain if in compliance and if not.
recommendations for remedial action,
The work is specified in the proposal dated February 17, 2000, which is attached hereto and
made a part of this Work Order. In accordance with the Terms and Conditions of the
Agreement referenced above, Work Order #IIAA-FT-00-02 is assigned to kIartman &
Associates, Inc.
(Firm Name)
Scope of Work:
(List all tasks: Task 1, Task 2, etc.)
Task I - Project Meetings
Task 2 - Determine Initial Noise Levels
Task 3 - Configuration Analysis
Task 4 - Draft & Final Reports
Task 5- (Optional) Presentation to Board
Schedule of Work: Complete work within 126 days from receipt of the Notice to Proceed
authorizing start of work.
Compensation: In accordance with Article Five of thc Agreement, the County will
compensate the Firm in accordance with the negotiated lump sum amount indicated in the
schedule below (if a task is time and material, so indicate and use the established hourly
rate(s) as enumerated in Schedule "A" of the Agreement).
(L~st all Tasks)
Task I - Project Meetings
Task 2 - Determine Initial Noise Levels
Task 3 - Configuration Analysis
Task 4- Draft & Final Reports
Task 5 - (Optional) Report to BCC
Reimbursables
TOTAL FEE
$ 2,360.00
$ 2,080.00
$ 4,140,00
$ 6,360.00
$ 4,140.00
$ 1~300.00
$19,730.00
(lump sum)
An>' change within monetary authority of
department approval will be considered an
Schedule "A" of the Agreement.
this Work
additional
Order made subsequent to final
service and charged according to
PREPARED BY:
Peter Schalt, PMP, PWED Project Manager
ACCEPTED BY:
Paul E. l~lat~ausch, Water Director
Date
ACCEPTED BY: . Hartman & Associates, Inc.
Company Name
Authorized Comp an~l~lFfic~r
Harold E. Schmidt, Jr, P.E
Type or Print Name and Title
March 3, 2000
Date
MAR z 8"
" OuO
]NCIPALS
Via Facsimile
=T ' D'm,-N ,r ', ,:- & AS.50'CZ 2'"E,S
.J..&..-2_L X J._. '._L-.X_ ~ ~
engineers, hydrog¢ologists, surveyors & management consultants
February 17, 2000
MichacJ 14 Bomar
Mr. Hans Peter Schalt, PMP
Project Manager
Office of Capital Projects Management
3301 East Tamiami Trail
CounW Government Center
OCPM Building
Naples, Florida 34112
Subject: Collier County North Water Treatment Plant
Noise Abatement/Suppression Study
Dear Mr. Schalt:
As requested, Hartman & Associates, Inc. (HAl) is pleased to submit our fee proposal in concert
with Engineering Technologies to serve Collier County concerning the noise abatement and
suppression study at the County's North water treatment plant (WTP). Both Mr. Bilgin Erel and
I visited the North WTP site and have refined our scope of services to hopefully meet your
needs. Summarized below is our scope of services for this project and proposed schedule.
SCOPE OF WORK
As we discussed in your office, there are a number of alternatives available to the County
relative to noise abatement and suppression, which include acoustical walls at the source and
property boundary, and other means. The goal of this program will be to evaluate the various
pieces of equipment located throughout the site (e.g., raw water supply wells, scrubbers, etc.) and
within the reverse osmosis building to determine if the noise generated exceeds the requirements
of the County. As indicated above, we have visited the County's North WTP site to develop
proposed plan of action for the County. To accomplish this, we have broken the project down
into four (4) specific tasks, as outlined below:
Task 1 - Project Meetings. A kick-off meeting will be conducted with the County's
WTP operations and engineering staff to review the overall plan of action and
preliminary locations for conducting the sound abatement and suppression study. At
this meeting we will coordinate schedules with the operations staff to limit the impact
on the overall operations of the County's North WTP. In addition, at this meeting we
201 EAST PINE STREET · SUITE 1000 · O~O, FL 32801
TELEPHONE (407) 839-3955 · FAX (407) 839-3790 · www. consulthai.com
ORLANDO FORT ,MYERS PLA~NTATION JACKSONVILLE DESTIN
Mr. Hans Peter Schalt, PMP
Project Manager
February 17, 2000
Page 2
will collect background data, included but not limited to equipment cut sheets and
data, previous reports, engineering drawings, and other information that will be useful
in conducting the sound abatement and suppression report. In addition, we will
inspect the individual pieces of equipment and determining noise levels generated at
predetermined locations.
Task 2 - Determination of Initial Noise Levels. The work that will be completed
under th_is task includes a site inspection of the County's North WTP, will include an
inspection of the equipment and determining noise levels generated at predetermined
locations. After the kickoff meeting a baseline noise level survey will be conducted
during various operating modes at the facility to establish a baseline noise level. The
survey results will be iljustrated in a vicinity map indicating decibel levels within the
extents of the property.
In addition, our team of engineers will inspect the mechanical equipment to determine
if there may be a maintenance issue, or whether or not the piece of equipment is
operating properly. For example, we have sometimes found that the clutch on old
variable frequency drives may not be operating properly, thus causing a high pitch
frequency noise.
As we discussed, the characterization of environmental, occupational, and industrial
noise requires a large amount of data collection and processing. The software that
will be used in this analysis is the LinearX pcRTA program. This program is a octave
real time noise analyzer, which features a microphone multiplexer that enables true
spatial averaged measurements to be performed directly by the analyzer. More
importantly, the program can analyze different frequencies. The pcRTA provides
data recording from seconds to hours, and automatically provides statistical analysis
using a large array of traditional noise descriptors, many which can be adjusted and
modified by the user. The graphical and text data will be saved to disk files, and
printed in full color for the County's records. It is important to note that the pcRTA
offers a versatile collection of measurement and analysis capabilities, laboratory
precision, and at less cost than a typical sound level meter. Moreover, the universal
calibration and setup microphone is an Occupational Safety Health Administration
(OSHA) approved product that is calibrated for precision measurements.
The results of the noise study will be iljustrated graphically and summarized with text
that will provide the County with the foundation for the noise abatement and
suppression study.
Mr. Hans Peter Schalt, PMP
Project Manager
February 17, 2000
Page 3
Task 3 - Configuration Analysis. During this phase of the project we will evaluate
various alternatives to assess the layouts (at the source or at the property boundary) in
attenuating the noise levels at the County's North WTP. In addition, we will inspect
each of the pieces of equipment to determine if there may be a maintenance issue that
can be addressed to attenuate the noise levels. Probable opinion of construction costs
for each of abatement and/or suppression alternative.
Task 4 - Draft and Final Reports. A summary of findings from the noise abatement
and suppression study will provided to the County in draft format, for review and
comments. A meeting will be held with County staffto review the report and discuss
any concerns that the staff may have. Immediately following the review meeting the
report will be finalized and submitted. In addition, to keep the County staff appraised
of the project, technical memorandums will be provided to the County upon
completion of Tasks 2 and 3.
Task 5 - Presentation to the Board of Count~ Commission (Optional). If requested
by the County, the project team can present a presentation to the Board of County
Commission (BOCC) at the regularly scheduled meeting. This presentation will be a
PowerPoint type presentation that will summarize the findings of the sound
abatement and suppression study, and will include a total of 25 handouts, which will
incorporate the executive summary that will be provided to each of the
Commissioners, as well as the extras for the City staff and public. Additional copies
can be provided at cost.
SCHEDULE
The proposed schedule to complete the project is summarized below:
Task
Days From Notice
To Proceed
Project Kick-off Meeting 1
Data Collection and Determination of Initial Noise 7
Levels
Task 2 - Technical Memorandum 10
Configuration Analysis 15
Task 3 - Technical Memorandum 18
Draft Report 21
Draft Report Review Meeting 24
Final Report 30
Presentation to the BOCC To be Determined
MAR 2 8 2, O0
Mr. Hans Peter Schalt, PMP
Project Manager
February 17, 2000
Page 4
COMPENSATION
Based on the scope of services and the schedule outlined above, HAI has prepared a detailed
labor disaggregation for the four (4) project tasks. Table 1 is a spreadsheet that details the man-
hours for each task for the personnel assigned to this project. The total cost for the four (4)
primary tasks is estimated to be $15,340.00, lump sum. If the County wishes to have a
presentation to the Board of Cotmty Conu'nissioners the additional coat would be $4,390.00 or a
total of $19,730.00.
We appreciate the oppommity to provide our proposal to Collier County, and we look forward to
providing the technical expertise, which you desire in the most cost-effective and viable fashion.
Moreover, if you should have any questions regarding this proposal, please do not hesitate to
contact me at 1-800-881-3955.
Very truly yours,
Hartman & Associates, Inc. : f,~ :~_~'~..~ ...,
Harold E. Schmidt, Jr.A~.E.
Vice President
Attachment
HES/cmg/99-407.mk/corresp/collier-hes.doc
Bilgin Erel, P.E., Ph.D., Engineering Technologies
Daryl C. Walk, P.E., HAI-Fort Myers
EXECUTIVE SUMMARY
APPROVE A DEVELOPER CONTRIBUTION AGREEMENT BETWEEN THE
COUNTY, SUNCO BUILDING CORPORATION AND THE ISLANDWALK
DEVELOPMENT COMPANY FOR PROVISION OF RIGHT-OF-WAY AND
STORMWATER MANAGEMENT FACILITIES RELATED TO THE FUTURE
EXTENSION OF LOGAN BOULEVARD ONE MILE NORTH OF VANDERBILT
BEACH ROAD
OBJECTIVE: Obtain Board of County Commissioners (Board) approval of the attached
Developer Contribution Agreement between Collier County, the Sunco Building Corporation and
the Islandwalk Development Company. This Agreement establishes the value of the land and
installed stormwater management facilities for the future extension of Logan Boulevard and
establishes the applicable road impact fee credits.
CONSIDERATIONS: The Islandwalk Planned Unit Development (PUD No. 96-14) received
its zoning approval by the Board on January 28, 1997, as Agenda Item 12(B)(2). This PUD
included a 150' wide right-of-way for the extension of Logan Boulevard from Vanderbilt Beach
Road to the northwestern comer of the PUD. During negotiations with the developer's
representative to establish a mutually agreeable price for right-of-way as required by the Road
Impact Fee Ordinance No. 92-22, as amended, Staff also negotiated for the treatment of the
roadway stormwater within the development's lake system. In lieu of purchasing land for a
separate roadway stormwater treatment lake, the County will install pretreatment devices at each
of the proposed out-falls before discharging into the development's lake. This joint stormwater
treatment agreement increases the usefulness of the existing lake system and provides a
reasonable level of assurance against umvanted pollution and debris from the roadway. The
attached Developer Contribution Agreement contains an Exhibit 2, which shows the proposed
location of Logan Boulevard and the related drainage out-falls into the Islandwalk PUD lake
system. During the design of Logan Boulevard, Staff will modify the out-falls to include the
stormwater pretreatment devices (continuous deflective separation systems or equivalent) as
specified in the Agreement.
FISCAL IMPACT: This Developer Contribution Agreement creates eight-hundred ninety-seven
thousand seven-hundred and thirty-five dollars ($897,735.00) in impact fee credits within Impact
Fee District 1 for the Islandwalk PUD. The installation of the stormwater pretreatment devices is
estimated to cost approximately $300,000, as part of the construction of the future Logan
Boulevard. There are currently no funds budgeted for this construction of this roadway project
since it is further out in time than the current 5-year needs projection window.
GROWTH MANAGEMENT IMPACT: The acquisition of right-of-way for future
transportation capital projects is in accord with the Transportation Sub-element of the Public
Facilities Element of the Growth Management Plan.
Executive Summary
Islandwalk PUD Developer Contribution Agreement
Page 2
RECOMMENDATION: That the Board of County Commissioners approve and authorize its
Chairman to execute the attached Developer Contribution Agreement between Collier County,
the Sunco Building Corporation and the Islandwalk Development Company, which Agreement
establishes a value of $897,735.00 in impact fee credits for the Islandwalk PUD (entirely within
Impact Fee District 1) and which authorizes Staff to work with the appropriate entities within the
Islandwalk PUD for possible modifications to the right-of-way and outfall locations/facilities at
the time Logan Boulevard is designed and constructed.
SUBMITTED BY'
REVIEWED BY:
REVIEWED BY'
APPROVED BY:.
Wiley~ P.E. /
Robert C. Project Map/ager/I~
P.W.E.D.
Edward J. Kant, P.~.
Transpo~ati0n ~'ices Director
JeffBibby, P.E.
P.W.E.D. Director
E~d ~F~'~ ~nterf~ Administrator
Public Works Division
Date:
Date:
Date:
This document was prepared by
and should be returned to:
R. Bruce Anderson, Esq.
Young, van Assenderp, Varnadoe & Anderson, P.A.
801 Laurel Oak Drive, Suite 300
Naples, Fk 34108
DEVELOPER CONTRIBUTION AGREEMENT
THIS DEVELOPER CONTRIBUTION AGREEMENT (hereinafter referred to as the
"Agreement") is made and entered into this __ day of ,2000 by and between
COLLIER COUNTY, Florida, a political subdivision of the State of Florida (hereinafter referred
to as "County") whose mailing address is Administration Building, 3301 Tamiami Trail East,
Naples, Florida 34112, and SUNCO BUILDING CORPORATION, a Florida Corporation, and
ISLANDWALK DEVELOPMENT COMPANY, a Florida corporation, their successors and
assigns (hereinafter collectively referred to as "Developer") whose mailing address is 6005
Vanderbilt Beach Road, Naples, Florida 34119.
RECITALS:
WHEREAS, Developer is the owner and a contract purchaser of the real property (the
"Property") located in the unincorporated area of Collier County, Florida, said Property being zoned
PUD by Ordinance No. 97-6 proposed to be developed as IslandWalk Planned Unit Development
("PUD") and Development of Regional Impact ("DRI") and being described in Exhibit "A" which
is attached hereto and made a part hereof; and
-1-
WHEREAS, Developer represents that no obligation or undertaking hereunder is barred or
prohibited by any contractual agreement with any other person or entity; and
WHEREAS, County is desirous of making improvements to Logan Boulevard which is listed
as Capital Improvement Project No. in the Transportation Element of the County's
Comprehensive Plan, by expanding said roadway along the western boundary of the Property, and
Developer is desirous of obtaining access to the proposed Logan Boulevard expansion from the
Property; and
WHEREAS, the improvements to Logan Boulevard necessitate additional right-of-way on
the certain portions of the Property, which additional right of way Developer was required to
dedicate to the County by the PUD Ordinance, being described and more particularly shown in
Exhibits "B l" (4-9.39 acres) and "B2" (+8.92 acres) which are attached hereto and made a part
hereof (hereinafter respectively referred to as the "First and Second Contributions"); and
WHEREAS, the Logan Boulevard improvements also necessitate the County to provide for
storage and treatment of stonnwater runofffrom said improvements, and Developer is not required
to but is agreeable to constructing and providing such storage and treatment and granting County an
easement on the portion of the Property described and shown in Exhibit "C" (also referred to as the
"Third Contribution") in exchange for Road Impact Fee Credits; and
WHEREAS, County Road Impact Fee Ordinance No. 92-22, as amended, requires that the
value of the Contributions shall be based upon an appraisal of market value of the Contributions; and
WHEREAS, the County and Developer have caused the market value of the Contributions
to be appraised and accept the appraised value set forth in this Agreement; and
-2-
2 L .....
WHEREAS, both parties to this Agreement acknowledge that the value of the First
Contribution is Three Hundred Ninety-four Thousand Three Hundred Eighty Dollars ($394,380),
as derived from an analysis of comparable sales of similar properties, between unrelated parties in
a bargaining transaction; and
WHEREAS, both parties to this Agreement acknowledge that the value of the Second
Contribution is Three Hundred Seventy-four Thousand Six Hundred Forty Dollars ($374,640), as
derived from an analysis of comparable sales of similar properties, between unrelated parties in a
bargaining transaction; and
WHEREAS, both parties to this Agreement acknowledge that the value of the Third
Contribution is One Hundred Twenty-eight Thousand Seven Hundred Fifteen Dollars ($128,715)
which is the certified cost estimate prepared by Wilson, Miller, Barton and Peek, Inc., Developer's
Engineer, for the Developer to construct the stormwater management retention area and drainage
facilities to serve Logan Boulevard; and
WHEREAS, both parties to this Agreement acknowledge and accept that the value of the
First, Second and Third Contributions is Eight Hundred Ninety-seven Thousand Seven Hundred
Thirty-five Dollars ($897,735); and
WHEREAS, both parties to this Agreement acknowledge that the Road Impact Fee Credits
established under this Agreement shall run with the Property, shall be assignable by the Developer
to any other property or any other developer of a land development project in the County's Road
Impact Fee District One, and shall be reduced by the amount of the Road Impact Fee due for each
building permit issued thereon, until all such Credit has been exhausted; and
-3-
WHEREAS, both parties to this Agreement acknowledge Road Impact Fee Credits shall be
a credit only against Road Impact Fees, and that such Credits shall not offset, diminish or reduce any
other charges, fees or other impact fees for which Developer is responsible in connection with the
development of the Property; and
WHEREAS, such proposed plan is in conformity with contemplated improvements and
additions to the transportation network; and
WHEREAS, such proposed plan, viewed in conjunction with other existing or proposed
plans, will not adversely impact the cash flow or liquidity of any Road Impact Fee Trust Account
in such a way as to frustrate or interfere with other planned or ongoing growth necessitated capital
improvements and additions to the transportation network; and
WHEREAS, such proposed plan, viewed in conjunction with other existing or proposed
plans, will not create a detrimental imbalance between the arterial and collector roadways; and
WHEREAS, the proposed plan is consistent with the public interest; and
WHEREAS, both parties to this Agreement acknowledge that the failure of this Agreement
to address any permit, condition, term or restriction shall not relieve either party, or their successors,
of the necessity of complying with any law, ordinance, rule or regulation governing said permitting
requirements, conditions, terms or restrictions; and
WHEREAS, both parties to this Agreement acknowledge that the burdens and benefits of this
Agreement shall be binding upon and shall inure to the successors in interest to the parties to this
Agreement; and
-4-
WHEREAS, both parties to this Agreement acknowledge that this Agreement is not to be
construed as a development agreement under the Florida Local Government Development
Agreement Act.
WITNESSETH:
NOW, THEREFORE, for and in consideration of the premises and respective undertakiflgs
of the parties hereinafter set forth and the sum of TEN DOLLARS ($10.00), 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:
The above recitals are true and correct and are herewith incorporated as a part of this
Agreement.
The Developer will have possession of or the right to convey the First, Second and
Third Contributions, and at closing there will be no other person or entity who has any right in the
aforesaid Contributions. The Developer knows of no defects in title of the Contributions. The
Developer will be authorized to convey title to the First and Second Contributions and an easement
over the Third Contribution. Conveyance of the First and Second Contributions shall occur within
ninety(90) days of the date of County approval of this Agreement. Conveyance of the Third
Contribution shall occur after completion of the stormwater management system improvements that
Developer will construct for County.
3. Developer shall provide County with an attomey's opinion as to the record title holder
of the Property, which opinion shall also identify any lienholders having any lien or encumbrance
affecting the portion of the Property known as the Contributions.
-5-
4. Except for easements for necessary utilities, the Developer shall not encumber or
convey any portion of the First or Second Contributions or any rights therein, nor enter into any
agreement granting any person or entity any rights with respect to said Contributions or any part
thereof, without first obtaining the written consent of the County to such conveyance, encumbrance
or agreement.
5. The Developer shall convey to the County via Warranty Deed, with a disclaimer as
to suitability of purpose, and free of all liens and encumbrances, the First and Second Contributions,
more particularly described respectively in Exhibits "B 1" and "B2". County shall be responsible for
all costs of conveyance.
6. This Agreement shall be effective on the date it is executed by said Developer and
the County.
7. Upon acceptance and recording of the Warranty Deeds for the First and Second
Contributions and the Easement for the Third Contribution, the County hereby agrees to grant to
Developer Road Impact Fee Credits pursuant to Collier County Ordinance 92-22, as amended, for
the fair market value of the acreage and actual certified costs of stormwater management system
improvements described herein in the amounts set forth in Paragraphs 9 and 10 hereof.
8. County has also requested the Developer to accept stormwater runoff from not more
than 18.3 acres from the lands described in Exhibits "B 1" and B2", and to provide for water quality
treatment and water quantity peak attenuation for said stormwater runoff within 5.8 acres of land as
described and shown in Exhibit "C", pursuant to the rules of the South Florida Water Management
District (" SFWMD"). This storage and treatment of stormwater runoff would otherwise necessitate
County acquiring and improving 5.8 acres of property, but for the Developer's acceptance thereof.
-6-
Developer agrees to accept said stormwater runoff volumes from a 25-year, 3-day storm event as
defined by SFWMD and maximum flow rates resulting from a 1 O-year, 1-hour storm event pursuant
to the Florida Department of Transpcrtation rainfall intensity curves. County agrees to grant the
Developer Road Impact Fee Credits for actual costs of construction by Developer certified by a
professional engineer, registered in the State of Florida, as being true and correct, that this
Developer's acceptance of the stormwater runoff allows County not to have to acquire and improve
in the amount set forth in Paragraph 9 hereof. The actual costs of construction shall not exceed
$128,715.00. Developer shall grant County an easement for the Third Contribution described in
Exhibit "C".
9. Upon acceptance and recording of the Warranty Deeds for the First and Second
Contributions? the Developer shall be entitled to a Road Impact Fee Credit in the amount of THREE
HUNDRED NINETY-FOUR THOUSAND THREE HUNDRED EIGHTY DOLLARS ($394,380)
for the First Contribution (Exhibit "B- 1 ") and THREE HUNDRED SEVENTY-FOUR THOU SA.ND
SIX HUNDRED FORTY DOLLARS ($374,640) for the Second Contribution (Exhibit "B-2").
The Developer has agreed not to accept impact fee credits for the County's use of the
5.8 acres of water management area within the IslandWalk development. In exchange, the County
shall install water quality attenuation structures at the locations shown on Exhibit "C". The
structures shall be installed when Logan Boulevard is constructed. The County will pay the full
material and installation cost for the structures.
The structures shall be the CDS units manufactured by CDS Technologies, 16360
South Monterey Road, Suite 250, Morgan Hill, CA 95037, phone 408-779-6363 or an equal
approved by the Developer's engineer. The CDS unit shall have a 4700 micron screen opening and
-7-
be fitted with oil and grease sorbent material capable of at least 80% removal. The manufacturer's
literature and specifications are provided in Exhibit "F".
The County will maintain the units in accordance with the manufacturer's
recommendations.
10. Upon acceptance and recording of the Easement for the Third Contribution,
Developer shall be entitled to another Road Impact Fee Credit (credits for construction ofstormwater
drainage improvements) in the amount of ONE HUNDRED TWENTY-EIGHT THOUSAND
SEVEN HUNDRED F1FTEEN DOLLARS ($128,715). As provided in this Paragraph and
Paragraph 9 above, until the balance of the Road Impact Fee Credit has been reduced to zero (0), or
until as provided in Paragraph 12 herein, the County shall apply portions of the Road Impact Fee
Credit toward the Road Impact Fees which the Developer is required to pay for each building permit
which is applied for on the Property, or as otherwise provided in this Agreement, reducing the
balance of the Road Impact Fee Credit by the same amount due for each building permit so issued.
The County shall issue Road Impact Fee refunds for those Road Impact Fees which have previously
been paid for building permits issued on the Property.
11. Developer shall retain adequate records and supporting documentation which concern
or reflect total project costs of the improvements to be contributed. This information shall be made
available to Count)', or its duly authorized agent or representative, for audit inspection and copying
for a minimum of five (5) years from the date of recording of the Easement for the Third
Contribution.
12. All Impact Fee Credits granted to Developer hereunder shall be assignable in whole
or in part to any successor or assign designated by said Developer, subject to credit application
-8-
within Road Impact Fee District One, as defined in Ordinance 92-22, Appendix B, as amended. In
addition, such Impact Fee Credits may be used by Developer, its successor or assigns, for any land
development project in Road Impact Fee District One.
13. County shall provide Developer with a certified copy of this Agreement, including
all exhibits attached hereto, such that Developer's certified copy of Exhibit "D" (Road Impact Fee
Credit Ledger), shall serve as the ledger sheet to document Developer's balance of Road Impact Fee
Credits. Separate credit ledger sheets shall be maintained for each of the First, Second and Third
Contributions.
14. With each building permit issued on the Property, the County shall subtract from the
Road Impact Fee Credit balance the amount of Road Impact Fees appropriate to that particular
permit and shall enter the new balance in the ledger colurm~ labeled Impact Fee Credit Balance.
Next to this new credit balance, both the County Official issuing the building permit and the
Developer's Representative applying for the building pem~it shall print and sign their names.
15. The County agrees to cooperate with and provide assistance as requested by the
Developer in obtaining or modi~'ing permits from South Florida Water Management District in
order to enable Developer to comply with any requirements of the improvement and expansion
projects as described herein.
16. The County hereby agrees that the dedications granted to County for the expansion
of Logan Boulevard shall be included with and shall not be deducted from the acreage of any
adjoining property for purposes of determining densities and intensities of development or for
purposes of determining yards, lot area, or lot dimensions as provided in Section 2.1.13 of the Collier
County Land Development Code in effect on the date of this Agreement.
-9-
17. This document incorporates all agreements or understandings applicable to the
matters contained herein, and the parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Agreement that are not contained in this
Agreement. Accordingly, it is agreed that no deviation of the terms hereof shall be predicated upon
any prior representation or agreements, whether oral or written. It is further agreed that no
modification, amendment or alteration of the terms or conditions contained herein shall be effective
unless contained in a written document executed with the same formality, and of equal dignity
herewith.
l g. Un]ess otherwise specifically stated herein, this Agreement shall be governed and
construed in accordance with the Laws of the State of Florida.
19. Developer shall be entitled to permanent access to the Logan Boulevard expansion
as approved in the PUD Master Plan tbr IslandWalk and shall be entitled to maintain one
construction access point at a time and at locations mutually agreed upon by Developer and County
along the Logan Boulevard expansion. The provisions of this paragraph shall survive and extend
beyond the term referenced in this Agreement to inure to the benefit of Developer and its successors
and assigns.
20. Following dedication of the Contribution, Developer shall be entitled to extract fill
from the First and Second Contribution areas (B-1 and B-2) as shown by Composite Exhibit "E"
which is attached hereto and made a part hereof.
-10-
21. Developer ac'knowledges that the donations or contributions contemplated under the
Agreement shall be construed and characterized as work done and property rights acquired by a
highway or road agency for the improvement of a road within the boundaries of a right-of-way.
22. County shall record this Agreement in the Public Records of Collier County, Florida,
within fourteen (14) days of its execution by the Chairman of the Board of County Commissioners.
23. Either party to this Agreement may file an action for injunctive relief in the Circuit
Court of Collier County, Florida, to enforce the terms and conditions of this Agreement, said remedy
being cumulative with any and all other remedies available to the parties for enforcement of the
Agreement.
24. This Agreement may be amended or canceled only by the mutual consent of the
parties to the Agreement or by their successors in interest.
25. This written Agreement, including all exhibits attached hereto, shall constitute the
entire agreement and understanding of the parties, and there are no prior to contemporaneous written
or oral agreements, understandings, promises, warranties or covenants not contained herein.
26. This Agreement may be executed in counterparts, each of which shall be deemed an
original, but all such counterparts together shall constitute but one Agreement.
IN WITNESS WHEREOF, the County and the Developer have caused this Developer
Contribution Agreement to be signed on the day and year first written above.
-11-
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
Signature
Printed or Typed Name
; 6~ ' ' ' ' >~ ..
Sigqature
Printed or ~1~ed Name
SUNCO BUILDING CORPORATION,
a Florida Corporation
By:
e,'D. Rosen, Vice President
STATE OF FLORIDA
COUNTY OF COLLIER
day of
Corporation, a Florida corporation.
as identification.
The foregoing Developer Contribution Agreement was acknowledged before me this ~/
~ "~,,.~ t' ,' ~; 2000, by Michael D. Rosen as Vice President of Sunc,o ,Building
He is personally known to me p_r has p..roduced . ",.,,;/' {
Signatune of Notary Public
-12-
Printed or Typed Name
.._ ',~ ,z..~
Signature
Printed or Typed .Vame
ISLANDWALK DEVELOPMENT
COMPANY, a Florida Corporation
By:'' ~' ,,~-~/~ ,/~,-~
Mj~ael D. Rosen, ~Vice President
STATE OF FLORIDA
COL~'NTY OF COLLIER
day of
Development Compmny, a Florida corporation.
, '-;" as identification.
The foregoing,,Devel°per Contribution Agreement was acknowledged before me this
· "". ,2000, by Michael D. Rosen as Vice President on behalf oflslandWalk
(Affix Seal)
He is personally known to me or has produced
/
,l Signature of Notary Public
Printed Name of~',,,~f. Fd~i~ ~ - - '-
ATTEST:
DWIGHT E, BROCK, Clerk
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
TIMOTHY J. CONSTANTINE
Chairman
Approved as to form and
legal s..__...ufficiency l"-h /
Thom~ ~,-P~mer' -
Assistant County Attorney
F 9,uscrs~BETSY~,Wp9\S uncmDEVCONREV 012800.wpd
January 28, 2000
-13-
EXHIBIT "A"
LEGAL DESCRIPTION
All of Section 33, Township 48 South, Range 26 East, Collier County, Florida
AND
The Southwest 1/4 of the Southwest 1/4 of Section 34, Township 48 South, Range 26 East, subj.ect
to an easement for public road right-of-way over and across the West 30 feet thereof and the South
30 feet thereof,
AND
The South 1/2 of the Northwest 1/4 of the Southwest 1/4 of Section 34, Township 48 South, Range
26 East, Collier County, Florida, and subject to an easement for public road right-of-way over and
across the West 10 feet thereof,
AND
The North 1/2 of the Northwest 1/4 of the Southwest 1/4 of Section 34, Township 48 South, Range
26 East, Collier County, Florida, and subject to an easement for public road right-of-way over and
across 'the North 30 feet thereof and the West 30 feet thereof.
LESS AND EXCEPT:
The following described property situate, lying and being in Collier County, Florida.
The South 170 feet of Section 33, Township 48 South, Range 26 East, and the South 145 feet of
Section 34, Township 48 South, Range 26 East, by Order of Taking, Case No. 86-1456-CA-01-
HDH, recorded in OR Book 1215, Page 1662.
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Exhibit "B-1"
Description of p~n of Section 33,
Township 48 South, Range 26 East, Co]Her County, F~orida.
(South End Proposed Logan Boulevard Extension)
All that pan of Section 33, To&nship 48 South, Range 26 East, Collier Count'y, Florida being more particularly
described as follows;
COMMENCI'NG at the southwest comer of said Section 33;
thence along the west line of said Section 33, North 02°1 I'37" West 170,13 feet to a point on the north right of way
line of Vanderbilt Beach Road (C.R. 862);
[hence along said north right of way line South 89°$4'49'' East 525.41 feet to the POINT OF BEGINNING of the
parcel herein described;
thence leaving said line North 02°14'44" West 1302.86 feet;
thence northwesterly, 631.16 feet along the arc ora circular curve concave to the southwest, having a radius of
107fi.00 feet, through a central angle of 33°38'22'' and being subtended by a chord which bears North
19°03'55" West 622.13 feet;
thence North 35053'06" West 247.86 feet;
thence northwesterly, 543.86 feet along the arc ora circular curve concave to the northeast, having a radius of
1225.00 feet, through a central angle of 25°26' 14" and being subtended by a chord which bears North
23°09'59" West 539.40 feet;
thence along a non-tangential line South 89o55'32" East 152.93 feet;
thence southeasterly, 449.33 feet along the arc ora non-tangential circular curve concave to the northeast,
having a radius of 1075.00 feet, through a central angle of 23°56'55'' and being subtended by a chord which
bears South 23°54'39'' East 446.07 feet;
thence Sout~ 35°53'06" East 247.86 feet;
thence southeasterly, 719.22 feet along the arc ora circular curve concave to the southwest, having a radius of
1225.00 feet, through a cenn-al angle of 33°38'22'' and being subtended by a chord which bears South
~9°03'55" East 708.94 feet;
thence South 02014'44" Easl 1308.97 feet to a point on the north right of way line of Vanderbih Beach Road
(C.R. 862);
thence along said line Noah 89°54'49" West 150.12 feet to the POINT OF BEGI'NNINO of the parcel herein
described;
Containing 9.39 acres more or less.
Subject to easements and restrictions of record.
Bearings are assumed and based on the west line of said Section 33 being North 02°11'37" West.
WILSON, MILLER., BARTON & PEEK, INC.
Marcus l'.. Ben'nan, Professional Surveyor & Mapper
Florida Registration No. 5086
Not valid unless embossed with the Professional's seal.
REF.:
DATE:
N-0772-020-OO4-SSSLD
2L-558
October 16, 1997
~2~ Bi~il~y Liu~c, Ss,it~ Z~, Naples, Florida 34105-8507 · Ph g41-649-4040 Fx 941-64 { ST I
Exh~h~ ~ ~-1
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.~ ;l~Vl('f~. H~,:",, LANI).'4( :.,\ I'li A I".' '111'1'1!~ i'l ~, ( ~t IN'- I I~.~ i~ ' I'P.'~N MAN.'\',
Exhibit "g-2"
Description of part of Section 33,
Township 48 South, Range 26 East, Collier County, Florida.
(North End Proposed Logan Boulevard Extension)
All that part of Section 33, Township 48 South, Range 26 East, Collier County, Florida being more
particularly described as follows;
COMMENCING at the southwest corner of said Section 33;
thence along the west line of said Section 33, North 02°I 1'37" West 170.13 feet to a point on the north
right of way line of Vanderbilt Beach Road (C.R. 862);
thence continue along said west line North 02°11'37" West 2763.70 feet to the POINT OF BEGINNING
of the parcel herein described;
thence continue North 02°11'37" West 241 !.72 feet to the northwest comer of said Section 33;
thence along the north line of said Section 33 South 89°56'27TM East 150.12 feet;
thence leaving said north line South 02°11'37" East 2405.68 feet;
thence southeasterly, 183.56 feet along the arc of a circular curve concave to the northeast, having a
radius of 1075.00 feet, through a central angle of 09°47'01' and being subtended by a chord which
bears South 07°02'41" East 183.34 feet;
thence along a non-tangential line North 89055'32'' West 152.93 feet
thence northwesterly, 177.10 feet along the arc ora non-tangential circular curve concave to the
northeast, having a radius of 1225.00 feet, through a central angle of 08°17'00'' and being subtended
by a chord which bears North 06°18'22" West 176.95 feet to a point on the west line of said Section
33 and the POINT OF BEGINNING of the parcel herein described;
Containing 8.92 acres more or less.
S u bj ect to easements and restrictions of record.
Bearings are assumed and based on the west line of said Section 33 being North 02°11'37" West.
WILSON, MILLER., BARTON & PEEK, INC.
Marc~s L. Berman, Professional Surveyor & Mapper
Florida Regisu'ation No. 5086
Not valid unless embossed with the Professional's seal.
W.O.: N-0772-020-004-SSSLD
KEF.: 2L-558
DATE' October 16, 1997
WIL.qC)N, MILLER, B^RTON ~ PEEK, IN(:.
'~200 Ps;,i[cy Lane. Suite 200, NnpJes. Fk,ridn '!4 J05.8507 · Ph 941-649-4040 Fx 941-643-5;16
CO~ZN C,41'E E~I'AtES UNIT
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EXHIBIT "DI"
DEVELOPER'S IMPACT FEE CREDIT LEDGER SHEET
IMPORTANT: This Road Impact Fee Credit Ledger is intended to document the balance of Road Impact
Fee Credits applying ONLY to the following properV/:
All of Section 33, Township 48 South, Range 26 East, Collier County, Florida
The Southwest 1/4 of the Southwest 1/4 of Section 34, Township 48 South, Range 26 Eas~, subject to an
easement for public road right-of-way over and across the West 30 feet thereof and the South 30 feet
thereof,
The South 1/2 of the Northwest 1/4 of the Southwest 1/4 of Section 34, Township 48 South, Range 26
East, Collier County, Florida, and subject to an easement for public road fight-of-way over and across the
West 10 feet thereof,
The North 1/2 of the Northwest 1/4 of the Southwest 1/4 of Section 34, Township 48 South, Range 26
East, Collier County, Florida, and subject to an easemen! for public road right-of-way over and across the
North 30 feet thereof and the West 30 feet thereof.
LESS AND EXCEPT:
The following described property situate, lying and being in Collier County, Florida:
The South 170 feet of Section 33, Township 48 South, Range 26 East, and the South 145 feet of Section
34, Township 48 South, Range 26 East, by Order of Taldng, Case No. 86-1456-CA-01-HDH, recorded in
OR Book 1215, Page 1662.
Beginning Balance ................... $ 394,~80.00
DEVELOPER
CO. OFFICIAL REPRESENTATIVE
ROAD IMPACT IMPACT FEE
DATE PERMIT NO. FEES DUE CREDIT BALANCE (Signature) (Signature)
Page 2 of 2
EX[HBIT "D2"
DEVELOPER'S IMPACT FEE CREDIT LEDGER SI:[F. ET
]2viPORTANT: This Road Impact Fee Credit Ledger is intended to document the balance of Road Impact
Fee Credits applying ONLY to the following property:
All of Section 33, Township 48 South, Range 26 East, Collier County, Florida
The Southwest 1/4 of the Southwest 1/4 of Section 34, Towuship 48 South, Range 26 East, subject to an
easement for public road right-of-way over and across the West 30 feet thereof and the South 30 feet thereof,
The South 1/2 of the Northwest 1/4 of the Southwest 1/4 of Section 34, Towu.~h~p 48 South, Range 26 East,
Collier County, Florida. and subject to an easement for public road right-of-way over and across the West 10
feet thereof,
The North 1/2 of the Northwest 1/4 of the Southwest 1/4 of Section 34, Township 48 South, Range 26 Ea~
Collier County, Florida, and subject to an easement for public road right-of-way over and across the North
30 feet thereof and the West 30 feet thereof,
LESS ANDEXCEPT:
The following described property situate, lying and being in Collier County, Florida:
The South 170 feet of Section 33, Township 48 South, Range 26 East, and the South 145 feet of Section 34,
Township 48 South, Range 26 East, by Order of Taklng, Case No. 86-1456-CA-01-HDH, recorded in OR
Book 1215, Page 1662.
Begiuni.g Balance ................... $ 374~640,00
DEVELOPER
CO. OFFICIAL REPRESENTATIVE
ROAD IMPACT IMPACT FEE
DATE PERMIT NO. FEES DUE CREDIT BALANCE (Signature) (Signature)
' r
Page 2 of 2
EXlqlBIT
DEVELOPER'S IMPACT FEE CREDIT LEDGER SHEET
IMPORTANT: This Road Impact Fee Credit Ledger is intended to document the balance of Road Impact
Fee Credits applying ONLY to the following property:
All of Section 33, Township 48 South, Range 26 East, Collier County, Florida
The Southwest 1/4 of the Southwest 1/4 of Section 34, Township 48 South, Range 26 East, subject to an
easement for public road right-of-way over and across the We~. 30 feet thereof and the South 30 feet thereof,
The South 1/2 of the Northwest 1/4 of the Southwest I/4 of Section 34, Township 48 South, Range 26 East~
Collier County, Florida, and subject to an easement for public road right-of-way over and across the West l 0
feet thereof,
The North 1/2 of the Northwest 1/4 of the Southwest 1/4 of Section 34, Township 48 South, Range 26 Eas~,
Collier County, Florida, and subject to an easemen~ for public road right-of-way over and across the North
30 feet thereof and the West 30 feet thereof.
LESS ANDEXCEPT:
The following described property situate, lying and being in Collier County, Florida.
The South 170 feet of Section 33, Township 48 South, Range 26 East, and the South 145 feet of Section 34,
Township 48 South, Range 26 East, by Order of Ta~ng, Case No. 86-I456-CA-01-HDH, recorded in OR
Book 1215, Page 1662.
Beginning Balance ................... $128,715.00
DEVELOPER
CO. OFFICIAL REPRESENTATIVE
ROAD IIVIPACT IMPACT FEE
DATE PERMIT NO. FEES DUE CREDIT BALANCE (Signature) (Signature)
F:\u~r$',BL:Tb"~tW ~-'Lr'NCOLDC. A ~ Da.wpd
Page :2 of 2
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(]470~ HO~B 191Btl30NY^ ONII$1X3
TECHNOLOGIES
General Information and Discussion
SUBJECT: Continuous Deflective Separation (CDS)-Treatment of Stormwater
Runoff
Stormwater Pollution Control
CDS Technologies® is an innovative best manage practice (BMP) that is well suited to
treat a large range of stormwater flows and conditions. CDS Technologies® offers a
solid separation unit to treat stormwater runoff as well as the runoff from vehicle parking
and other areas subject to the buildup of oil, grease, sediment, trash and debris. CDS®
units can also treat the effluent from wash racks as a pretreatment for oiVwater
separators. The following overview touches briefly on this new solid separation
technology and discusses the potential beneficial applications of CDS® units to treat
stormwater runoff.
Applications
· Stormwater treatment to remove:
:> Trash, debris, vegetation, coarse and medium sediments and some fine
sediments
· Capture oil & grease using sorbents within the separation chamber
· Protect stormwater pumping facilities from the negative impacts of rock, coarse &
medium sediment, grit, trash and debris
· Pretreatment: ~' Infiltration and direct filtration systems
> Adsorption/absorption processes
>' OiVwater separators
,---,, CDS® Stormwater Treatment Technolo.qv
CDS® units were initially developed to separate gross solids from stormwater flows by a
non-blocking, indirect screening process, which captures 100% of the float~T~:Jr~-~a~,~_
removes 100% of all particles equal to or greater than the screen opening. I.~b~'~fatdl~
CDS Technologies, Inc., · http://www.cdstech-us.com/ ° cds@cdstecl~.us~!'~ .,.
16360 South Monterey Road. Suite250. Moroan Hill. CA 95037 · Phone: ¢408~ 779-6363 ° Fax i'408~ 782~072.t
CDS General Information and Discussion
Nov-98
evaluations have shown a 100% capture efficiency of particles ½ the screen opening
size, a 93% capture efficiency of particles a third the size of the screen opening and a
50% capture efficiency of particles a fifth the size of the screen opening. The sediment
used in this laboratory evaluation were various size sand particles with specific gravities
of 2,85. There is no attenuation of these removal efficiencies or blocking of the screen
face as the flow rate increases up to the design treatment flow of a given CDS® unit.
Because of CDS's capture efficiency, eliminating the trash, debris and coarse and
medium sediments from stormwater discharge is virtually assured. CDS® units retain
100% of the material they have captured, even under high flow conditions when
stormwaters overflow the unit's bypass weir. CDS® units do not wash out during high
flow or flood events! Once pollutants are captured in the CDS® unit, they are retained
until properly cleaned out.
CDS® units come equipped with a stainless steel (ASTM 316L) expanded metal screen
having a screen opening of 4700 microns (0.185 inches). A 2400 micron (0.0945-
inches) or 1200 micron (0.0475 inches) is also available if finer separation is necessary.
A CDS® unit equipped with these smaller screens has the same hydraulic capacities as
does a CDS® unit equipped with the 4700 micron screen. Laboratory evaluations using
sand particles having specific gravities of approximately 2.65 showed that CDS® units
equipped with either the 4700 and 2400 micron screens have the same removal
efficiencies in proportion to their screen openings. The following table lists the removal
efficiencies for both of these screen sizes. These removal efficiencies are verified to be
achieved throughout the entire treatment flow processed by a given CDS® unit. There
is no attenuation of these removal efficiencies or blocking of the screen face as the flow
rate increases.
Continuous Deflective Separation Technology
(Indirect Screening)
Particle Removal Efficiency*
Particle Size as Screening Standard Screen Openings
percentage of
Removal 4700 Micron (0.185-inches) 2400 Micron (O.095-inches)
screen opening
(%) Efficiency Microns Inches Microns Inches
1 O0 100% 4700 0.185 2400 0.095
50 100% 2350 0.093 1200 0.047
33 93% 1551 0.061 800 0.031
20 50% 940 0.037 480 0.019
*Particle Specific gravity = 2.65
CDS General Information and Discussion
Coarse and Fine Sediment Removal
Nov-9S
Professor Wells of Portland State University is presently conducting an evaluation of the
capability of the continuous deflective separation technology to remove fine sediments.
Professor Wells' work will focus on determining the CDS® unit's removal efficiency for a
range of fine particles normally found in stormwater. The fine particles used in this
evaluation will have size distributions and specific gravities that attempt to represent fine
sediments typically found in stormwater runoff. Professor Wells' work will expand upon
earlier work done by Dr. Tony Wong, Monash University, Chaulfield, Victoria, Australia.
Dr. Wong's evaluation verified CDS's exceptional efficiency at removing gross pollutants
and coarse sediment. Dr. Wong's technical paper is enclosed. This paper is a
compilation of extensive work by the University of Monash. Dr. Wong presented the
paper at the 1997 Water Environment Federation 70th Annual Conference and
Exposition (WEFTEC '97) in Chicago.
Based on performance of CDS® units in Australia and recent laboratory evaluations by
Professor Stenstrom of UCLA, CDS Technologies® believes that Professor Wells'
evaluation and analysis will document fine sediment removal efficiencies that exceed
expectations. Earlier evaluations of CDS® units verified separation efficiency of gross
pollutants and the non-blocking aspect of the technology. These earlier evaluations did
not focus on quantifying the percentage, size and weights of coarse, medium and fine
particles captured within the CDS® unit.
As mentioned above, CDS® also offers a 1200 micron (0.0475 inches) if finer separation
is necessary. Professor Wells' evaluation of the 1200 micron and smaller size screen
with apertures of 600 microns will allow CDS Technologies® to quantify both the
percentage and size of particles removed using these size screens as is presently
verified for the 4700 and 2400 micron size screens for particles having a specific gravity
of 2.65. CDS® units equipped with screens having aperture sizes smaller than 1200
microns will have less hydraulic treatment capacity, but significantly greater removal
efficiencies of particles in the 50 to 200 micron range.
Sizing a CDS® Stormwater Treatment Unit for a Development Site
We recommend that CDS® units be sized to treat a storm event having a return period of
3 to $ months. Runoff flows from such events roughly correlate to a rainfall event
lasting I hour with an intensity of ~-inch, typically producing one cfs of discharge in
storm drains for every 2 acres, CDS® believes a storm event of this intensity will mobilize
and transport the mass of pollutants within a catchment into the storm drain system,
This general method is used to calculate runoff treatment flows to size CDS® units. A
more detailed consideration of the local hydrology, topography and land uses for a
given site could
determined from
result in different design stormwater treatment flow~.~-fl'~a~ .,that.
our suggested method. However, CDS's suggested tme~u:l./-~t'~L~)
CDS General Information and D~scussion
Nov-98
determining a treatment flow is generally satisfactory given the speculative nature of
estimating the flows necessary to mobilize the pollutants of concern. The HYDRAULIC
DESIGN section of CDS's Technical Manual also addresses this suggested method for
calculating a design stormwater treatment flow for a given site development or storm
drain.
Once the design treatment flow is determine, the correct size CDS® unit, having the
adequate flow capacity, can be selected from the list of available pre-manufactured
fiberglass or precast concrete units or designed as a cast in place unit for larger
treatment flows greater than 62 cfs. CDS Technologies® provides pre-manufactured
fiberglass and precast concrete units capable of treating stormwater flows from zero to
62 cfs. These units are easily constructed, especially the pre-manufactured fiberglass
and small precast units. Cast in place units can be readily designed and constructed to
treat flows ranging from zero to 300 cfs.
Capture of Gross Pollutants
The Co-operative Research Centre for Catchment Hydrology recently concluded an 18-
month, detailed study in which vadous stormwater pollutant trapping systems were
evaluated under real service conditions, and the results compared.
This work is the first of its kind in Australia. It brings together the analytical skills and
resources needed for such a wide ranging study, yet ensures the independence and
objectivity of a leading research group. The results achieved by the CDS® technology,
in these findings, are very positive. For example, on p.63 of From Roads to Rivers, the
CDS® device is described as 99% efficient over the 12 month monitoring pedod.
CDS Technologies® has purchased these reports in order to provide stormwater
managers and water resource consultants with the information that engineering teams
will need to fully plan strategies and make decisions based on performance, proven
under controlled conditions, by independent experts. CDS® has these reports available
for review. Copies may be obtain directly from:
Cooperative Research Centre For
CATCHMENT HYDROLOGY
Department of Civil Engineering
Monash University
Clayton, Victoria 3168, Australia
International Phone: 011 61 3 9905 2704
Fax: 011 61 3 9905 5033
CDS General Information and Discussion
Nov-98
For more information on the CRC for Catchment Hydrology visit their website:
.http://www-civil.en~q.monash.edu.au/centres/crcch/. These reports are available for
review.
The author of this study, Robin Allison, spoke at the conference for "Urban Stormwater
Management in the Southwest" in Long Beach, California, September of 1998. In this
field study, the performance of the CDS® unit proved to be the most efficient and cost
effective pollution control device of all the structural stormwater treatment technologies
evaluated.
Oil & Grease Treatment of Stormwater Runoff
The placement of one strategically located CDSe unit can cost effectively and efficiently
treat the stormwater runoff from small or large vehicle parking lots or traffic laden areas,
rather than treating the runoff at multiple points in the storm drainage system.
Laboratory tests by Professor Stenstrom from the University of Califomia Los Angeles
that were performed in 1998 have shown that the addition of sorbent material within the
separation chamber enables the CDS® unit to capture more than 80% of the free oil and
grease transported within the stormwater. This removal efficiency is achieved at 1/2 the
unit's treatment design flow. Removing 80% of the free oil and grease should be readily
achieved, given that oil and grease are generally mobilized during the first part of storm
events when the unit is certainly operating at less than its design capacity. Once-in
contact with the sorbent media, the oil and grease cannot escape the CDSe unit.
Additionally, the CDS® unit will always effectively remove the range of solids, trash and
debris mentioned above.
Because the oil and grease in stormwater are pollutants of concern, it should be
understood how oil and grease are transported in stormwater and wash rack effluent if
their effective removal is to be achieved. Oil and grease are transported in stormwater
and wash rack effluent in four different ways:
1. Attached to trash and debris such as styrofoam and leaves
2. Attached to coarse and fine sediments
3. Free or floating oil and grease
4. Suspended and emulsified within the stormwater flow
The CDS® unit is effective at removing oil transported by the first three methods. As
stated earlier, a CDS® unit is quiet effective at removing solids and the addition of
sorbent material within the separation chamber enables the unit to effectively capture
80% of the free oil and grease. Researchers studying the quality of stormwater runoff
have advised that 50 to 80% of the total oil and grease within stormwater ~ra,a, ttached
to sediments. They also indicate that the visual sheens on water surfaces lre?~e{s--
CDS General Information and Dgscussion
Nov-98
one (1) milligram per liter (mg/L) and can only be effectively removed using sorbent
material or biological treatment methods such as grassy swales,
CD$ General Information and Discussion
Oil/Water Separator Efficiencies
Nov-98
Though the initial application of CDS units, was intended for use as a gross pollutant
trap, the continuous deflective sel:aration is proving to be effective in a variety of
stormwater, wastewater, and industrial applications calling for the efficient separation of
solids from liquids. A CDS unit makes an ideal pretreatment for oil/water separators,
preventing the concentration of solids within the stormwater runoff or effluent from wash
racks from overwhelming and clogging the filtering and coalescing mechanism of oil &
grease and oiVwater separators.
CDS Technologies is presently working with the City of Redmond, Washington for the
placement of a CDS unit in front of a recently inStalled oil/water separator. This city
installed an oi{/water separator consisting of coalescing plate modules to treat the runoff
generated from a 185 acre commercial/residential portion of the city subject to
significant vegetation and debris loading. This oil/water project represents a capital
investment of over $900,000. In its present state, the oil/water separator is not
achieving its design performance due to the solids content of the stormwater runoff.
The city is proposing to establish a treatment train with a CDS unit PSW50_42 having a
treatment capacity of 9 cfs (4,039 gpm) in front of the oil/water separator for an
additional cost of approximately $75,000, completely installed, This additional
expenditure represents approximately 7% of the initial oil/water project costs and will
readily bring the total system on line and functioning at capacity.
Treatment Trains
The concept of establishing treatment trains to effectively remove target constituents of
concern from stormwater runoff is being aggressively applied by the Puget Sound Naval
Ship Yard in Bremerton, WA. The Controlled Industrial Area of the shipyard presently
services and dismantles nuclear vessels and other ships. This activity occurs in a
completely paved area with the discharge leading directly to the waters of Puget Sound.
Recognizing the need to remove the heavy metals from the stormwater runoff, a
stormwater treatment train has been installed to ensure their removal.
In late June of 1998, a CDS unit model PSW50_42 equipped with a 1200 micron (.0475
inches) screen has been installed in front of a finer filtration and absorption system at
the Puget Sound Naval Ship Yard in Bremerton. The effluent from this CDS unit will
allow the following fine filtration and absorption system to effectively remove the
remaining constituents of concern without diminished capacity due to clogging from
sediment, trash and 'debris.
CDS General Information and Discussion
Nov-98
CDS Desi.qp and Services
CDS furnishes full engineering services as appropriate to bring a project to successful
completion, including conceptual planning, hydraulic analysis and site design, contract
documents suitable for competitive bid and construction inspection or management.
Operations and Maintenance
The CDS units are self-operating, there are no moving parts and the unit is gravity
driven, utilizing the available hydraulic energy within the water flow. The screen and
supporting hardware are stainless steel and should resist corrosion for many years. In
shod, operation and repair requirements of installed CDS units are minimal.
Maintenance of a given CDS unit consists of cleaning out the sump on a seasonal basis
and a suggested annual inspection of the screen surface. CDS units have large storage
capacities within their sumps in relation to each unit's design treatment flow. A
significant benefit of the CDS system is the easy maintenance and cleanout using
vector trucks, which eliminate worker exposure to materials captured in the units.
Sump cleanout is a critical component of a successful CDS operation. CDS suggests
the sump and unit be cleaned out by a vacuum truck approximately 4 times per year.
The frequency of cleanouts is site dependent and is based on the land use of the
catchment and the actual pollutant loading. Typically, a unit will require more frequent
cleanouts at the start of the rainy season. It is the first several rainfall events that will
wash a large percentage of the accumulated pollutants down the storm drain to be
captured by the CDS units.
Construction
CDS units have a small construction footprint and once installed below ground, the
access covers are seamless and unobtrusive. The pre-manufactured fiberglass units
are typically installed in a prepared shallow excavation in less than 2 hours. Precast
units up to the PSW70 size CDS units are stacked into a prepared excavation and
backfill to the height of the intake structure (pipe invert) within a morning. The casting of
connection collars and the diversion weir typically require another two days for these
larger precast units. The largest precast unit and those locations requiring cast in place
CDS units involve a longer construction duration and are site dependent when
considering the complexity of the installation.
I hope you find the packet informative and I look forward to discussin~"13otantial:
applications for CDS units to treat your stormwater runoff. If you have
CDS General Information and Discussion
Nov-g8
call me at (408) 779-6363' or email wstein@cdstech-us.com to further discuss this
innovative BMP.
Respectfully,
Walter Stein, P.E.
Engineering Sales
EXECUTIVE SUMMARY
AWARD BID NO. 00-3042 "PURCHASE OF ONE (1) PORTABI.E SELF-
CONTAINED VACUUM UNYF'.
OBJECTIVE: That the Board of County Commissioners, Ex-Officio the Governing Board of the
Collier County Water/Sewer District, award Bid No. 00-3042 for the Purchase of One (1) Portable
Serf-Contained Vacuum Unit".
CONSIDERATIONS:
1. The County's Wastewater Collections Department is responsible for the operation and
maintenance of the County's wastewater pump stations, gravity lines and force mains as well
as prov±d±ngaccurate locates of the County's water and sewer lines.
2. A portable self-contained vacuum unit would be used to locate water and sewer mains for
Locate Operations and to clean valve risers for the Valve Maintenance Crew.
3. Bid g00-3042 was posted on February 1, 2000. Sixty-six (66) inquires were sent and four
(4) bids were received and opened on February 23, 2000.
4. Staff has reviewed the bids received and recommends award of Bid No. 00-3042 to Vantage
Equipment Company as the lowest qualified and responsive bidder.
FISCAL IMPACT: Funds are currently budgeted in Wastewater Collections Stake and Locate
budget for the purchase of the self-contained vacuum unit in the amount of $33,297.00.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: It is recommended that the Board of County Commissioners, Ex-
Officio the Governing Board or the Collier County Water/Sewer District, approve the award of Bid
00-3042 "Purchase of One (1) Portable Self-Contained Vacuum Unit" to Vantage Equipment
Company.
REQUESTED BY:
REVIEWED BY:
REVIEWED BY:
APPROVED BY:
Steve/Nagy, Wagons Supervisor
J~tham, Wastewater Director
RAR 2 8 200O
EXECUTIVE SUMMARY
AWARD BID NO. 99-3029 "PURCHASE OF SEVEN (7) TRAIl.ER MOUNTED
PORTABLE GENERATORS.
OBJECTIVE: That the Board of County Commissioners, Ex-Officio the Governing Board of the
Collier County Water/Sewer District, award Bid No. 99-3029 for the Purchase of Seven (7) Trailer
Mounted Portable Generators.
CONSIDERATIONS:
1. The County's Wastewater Collections Department is responsible for the operation and
maintenance of the County's wastewater pump stations, gravity lines and force mains.
On June 22, 1999, (Agenda Item 16B7), the Board approved a budget amendment for funds
to acquire emergency preparedness equipment for Wastewater Collections. A portion of those
funds were designated for the purchase of portable generators, and those funds were rolled
over to FY 99/00.
Bid g99-3029 was posted on January 11, 2000. Sixty-nine (69) inquires were sent and eight
(8) bids were received and opened on February 3, 2000. Three of the bids received were
deemed non-responsive because the bids were for brands not previously approved. One of
the bids was deemed non-responsive because more than one size generator was bid.
4. Staff has reviewed the bids received and recommends award of Bid No. 99-3029 to AAA
Generator & Pumps, Inc. as the lowest qualified and responsive bidder.
FISCAL IMPACT: Funds are currently budgeted in Wastewater Collections Budget for the
purchase of the vacuum pump tanker and truck in the amount of $200,771.89.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: It is recomlnended that the Board of County Commissioners, Ex-
Officio the governing board of the Collier County Water/Sewer District, approve the award of Bid
99-3029 "Purchase of Seven (7) Trailer Mounted Portable Generators" to AAA Generator & Pumps,
Inc.
Steve l~agy, W~tel~lt~er Collections Supervisor
SUBMITYED BY:
Joseph Cheatham, Wastewater Director
Stephen ?.~,a~l~/PurcyhasingtGS Director
E~ N.~N. t~nn~Interim Public Works Administrator
APPROVED BY:
DATE:
MAR 2 8 2000
~ ~ o
HAR 2 8 2OOO
HAR 2 8 2OOO
PG .; ..~ ._ _
EXECUTIVE SUMMARY
APPROVE A RESOLUTION DIRECTING THAT CERTAIN ROADWAYS IN
THE UNINCORPORATED AREA OF COLLIER COUNTY BE MAINTAINED BY
COLLIER COUNTY.
OBJECTIVE: To clarify maintenance responsibilities for several rural roadways in the
Plantation Island and Immokalee areas that have been the subject of sporadic maintenance activities
for a number of years.
CONSIDERATIONS: There are several roadway segments in the Plantation Island and
Immokalee areas that are either not paved or do not otherwise meet current Collier County roadway
standards for inclusion in the county's roadway system. These roadway segments are depicted in
Attachment Nos. 1 and 2.
As a result of resident requests and in the interest of public health, safety and welfare, staff is
requesting that the Board of County Commissioners consider permitting the Road and Bridge
Section of the Transportation Services Department to maintain these roadway segments to at least
their present condition. This maintenance operation will consist of an initial filling of potholes
followed by mechanical grading, where applicable and/or trimming of brush. Follow-up work will
consist of sporadic grading and trimming only.
A Resolution is attached to this Executive Sum:mary granting the Road and Bridge section the ability
to continue to perform maintenance (Attachment No. 3).
FISCAL IMPACT: The total length of the eight roadway segments is about four miles. The
Road and Bridge Section estimates that it will cost about $1,500.00/mile annually (about $6,000.00
annually)to perform the necessary maintenance operations. Funds are presently budgeted and will
continue to be budgeted in Fund 106 (Road Construction District 5).
GROWTH MANAGEMENT IMPACT: None
the Board of County ss~oners approve the attached
RECOMMENDATION: That ~
Resolution.
: DATE:
PRE PA RED Ed w~~/~P'~'j~ati ~ices Direct°r~~~ ~. DATE
REVIEWED BY .dwar N. Finn/f'ntg'm Public ;~orks Administrator
Attachments:
No. 1 - Location Map (Immokalee Area)
No. 2 - Location Map (Plantation Island)
No. 3 - Proposed Resolution
HAR 2 8 2OOO
A_LNnO0 .333
/
PAOE, / OF
£
ATTACHMENT NO. 2
2 8 2000
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RESOLUTION NO. 2000-
A RESOLUTION DIRECTING THAT CERTAIN ROADWAYS WITHIN THE
UNINCORPORATED AREA OF COLLIER COUNTY BE MAINTAINED 'BY COLLIER
COUNTY.
WHEREAS, certain roadways in unincorporated Collier County have benin maintained by
the Road and Bridge Section of the Transportation Services Department of Collier County; and
WHEREAS, said roadways have not met the minimum standards for acceptance by
Collier County due to lack of sufficient right-of-way, absence of acceptable drainage capability,
lack of paved surface, or other similar defects, but said roadways are deemed to be public
roadways by virtue of the public's open usage and acceptance of said defects; and
WHEREAS, the Board of County Commissioners has determined that it is in the public
interest that the Road and Bridge Section of the Transportation Services Department continue to
maintain said roadways, as enumerated below, for reasons of public health, safety and welfare.
BOARD OF COUNTY
NOW THEREFORE, BE IT RESOLVED BY THE
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1.
The Road and Bridge Section of the Transportation Services Department will maintain
the roadways enumerated on Exhibit "A", attached hereto and made a part hereof.
Maintenance operations shall be subject to the following constraints and conditions:
ao
The existing roadway shall be maintained to the limits of the traveled way
which existed on the date of approval of this Resolution. The Road and
Bridge Section of the Transportation Services Department has caused an
inventory of the specified roadways to be made as of the date of approval
of this Resolution. The basis for all maintenance and future improvements
shall be as set forth on the inventory attached herewith as Exhibit "A".
bo
No additional drainage structures or drainage improvements, except for
normal road grading operations, shall be undertaken without the express
approval of the Board of County Commissioners.
N0.
HAR 2 8 2000
/-/-
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2 3. If any property owner, or group of property owners, desires to have the roadway
3 improved beyond what exists at the time of appwval of this Resolution, then said pwperty
4 owner(s) shall petition the Board of County Commissioners in accordance with the requirements
5 of Resolution, No. 95-454. Alternatively, said pwperty owner(s) may petition the Board of
County Commissioners in accordance with Ordinance No. 9845 for the formation of a
Municipal Services Benefit Unit (MSBU) for the purpose of improving a roadway(s) to the
minimum County standards then in effect.
4. The Board of County Commissioners may, at some future date, determine that it is in the
public interest to require the improvement of any or all of the said roadways to the then current
minimum county standards. The Board of County Commissioners may, upon finding that it is in
the interest of public health, safety and welfare, invoke the power provided under Section 125.01
(1)(q), Florida Statutes, to form an MSBU.
5. The Board of County Commissioners finds that the expenditure of funds for the
maintenance of the aforementioned roads is in the best interest of public health, safety and
welfare and constitutes a valid public purpose.
This Resolution adopted after motion, second and majority vote favoring same.
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
TIMOTHY J. CONSTANTINE, CHAIRMAN
Approved as to form and
legal sufficiency:
Robert NS. Zachary
Assistant County Attorney
H:Robt/Resolutions/unnumbered Resolution to Maintain Strets
2 8 000
Exhibit "A"
i'- A £ O I'1'
MAR 2 8 20Oil
PG. ,..,. ~
EXECUTIVE SUMMARY
AWARD A CONTRACT TO SURETY CONSTRUCTION COMP~ TO
CONSTRUCT A SOUND ATTENUATING ENCLOSURE FOR EFFLUENT
TRANSFER PUMPS AT THE SOUTH COUNTY WATER RECLAMATION
FACILITY, BID 00-3049, PROJECT 73916.
OBJECTIVE: That the Board of County Commissioners, as the Ex-Officio Governing
Board of the Collier County Water Sewer District, award a contract for the services of a'
General Contractor to construct a permanent enclosure to attenuate noise generated by the
effluent transfer pumps.
CONSIDERATIONS: The effluent transfer pumps were installed in 1998, as part of the
South County Water Reclamation Facility, Contract II project. The design consultant did
not take into consideration the noise level of these pumps. The pumps have been
operating with a temporary noise attenuating system since November 1998. Since then,
the design consultant prepared plans and specifications for a sound attenuating enclosure
at no additional cost to the County.
On March 15, 2000, sealed bids were opened for this project. Two bid packages were
received and are tabled below:
Bidder
Surety Construction Company
Mitchell & Stark Construction Co., Inc.
Amount
$109,986
$118,396
The bid tabulations are attached.
The design professional's estimated cost was $85,000. The lowest bid was from Surety
Construction in the amount of $109,986. Surety Construction has been on the County's
annual bid for General Contractors for the last three years and has performed
satisfactorily.
Additional funds are required for Construction Management Fees in the amount of $9,500
plus a ten-percent construction contingency of $11,000.
FISCAL IMPACT: This project was not budgeted. A budget amendment in the amount
of $130,486 will be required to transfer funds from Wastewater Capital Reserves to
project 73916 to fund this work. Funding source is User Fees.
GROWTH MANAGEMENT IMPACT: None.
l" AGENDA I t [i'1
NO. ~..~
MAR 2 8 2000
Executive Summary
Award Bid 00-3049
Page 2
RECOMMENDATIONS: That the Board of County Commissions, as ex-officio the
Governing Board of the Collier County Water Sewer District, award a contract to Surety
Construction Company, Bid 00-3049, Project 73916, and approve the necessary budget
amendment.
.~ ¢ ~l~I°° Alicia Abbott, PWED Project Manager II
~ff Bibby, P.E., m~D~irector
REVIEWED BY:
StepHen Y. Camell, Purcth~tsing Director
DATE:
DATE:
DATE: '->
REVIEWED BY:
DATE:
Joseph B. Cheatham, Wastewater Director
REVIEWED B .~~~ DATE :'~-/ff~ ~/~~,
~~[ard N.'~nn', Interim t6ublic Works Administrator/' / / V~'
..... EXECUTIVE SUMMARY
APPROVE WORK ORDER NO. SMT-FT-00--04 WITH SOUTHERN MAPPING
TECHNOLOGY, INC. FOR AN AERIAL SURVEY OF THE PROPOSED
WIDENING OF VANDERBILT BEACH ROAD FROM AIRPORT ROAD TO CR-951
(COLLIER BOULEVARD), PROJECT No. 63051, CIE # 63
OBJECTIVE: To receive the Board of County Commissioners' approval of Work Order #
SMT-FT-00-04 for an aerial survey to be used as a base map for the widening project.
CONSIDERATIONS: As part of the roadway widening design of Vanderbilt Beach Road,
an aerial survey is needed along the length of the project from Airport Road to Collier
Boulevard. This Work Order will provide a photogrammetric survey which will serve as the
basis for the roadway plans.
:"~"'TISCAL IMPACT: Funds in the amount of $89,270.00 are available in the Road Impact
'-, Fee District 2 Fund in project 63051. Funding Source is Impact Fees.
GROWTH MANAGEMENT IMPACT: This Capital Improvement Project No. 63 is
consistent with the Transportation Element of the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners authorize the Public
Works Engineering Department Director to approve Work Order SMT-FT-00-04 on behalf
of the Board.
SUBMITTED BY:
REVIEWED BY:
~..,~ ~leff B~,bby, P.E.,
· Direct~ _ j
Works
~-a:f¢iic ~n ~in e~ ~i~pat'tm ent
REVIEWED BY: Edward J.~~.. ~]
r~. Fihn, Ifitehm A~ tor
Public Works Division
.;·,<;~, .½, ii ,-~ .~ ., / ?,/~,/"x,, DATE:
Richard J.' Hellriegel, P.E., Senior Project Manager
P_ublic Works Engineerin~g Department
- /-2' '
· ' ~:Z'- ~'
-/~i .-* '~. /' DATE:
DATE:
DATE:
Attachment: Work Order #SMT-FT-00-04
RJH:rh
_
!WORK ORDER # SMT-FT-00-04
Agreement for Fixed Term Land Surveying and Photogrammetric Services
Dated JANUARY 25,2000 (RFP 99-2981)
This Work Order is for professional surveying services for work known as
Vanderbilt Beach Road Aerial Photography
To widen the existing roadway.
The work is specified in the proposal dated March 8, 200.0, which is attached hereto and made
a part of this Work Order. In accordance with the Terms and Conditions of the Agreement
referenced above, Work Order #SMT-FT-00-04 is assigned to SOUTHERN MAPPING
TECHNOLOGY,INC.
Scope of Wo.rk:
As detailed on the attached proposal and the following:
Phologrammetry, ground control, and a Digital Terrain Model
Schedule of Work: Complete work within 8._~5 days from receipt of the Notice to Proceed
authorizing start of work.
Compensation: In accordance with Article Five of the Agreement, the County will
compensate the Firm in accordance with the negotiated lump sum amount indicated in the
schedule below (if a task is time and material, so indicate and use the established hourly
rate(s) as enumerated in Schedule "A" of the Agreement).
Lump Sum $ 89,270.00
TOTAL FEE $ 89,270.00
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 Agreemen,[.
PREPARED BY: /i_~,~~ ~'~ -~--~_ '-~'~',~. ~'-~ff// ~'~Z ~
/'~)¢~r3 Hell~gel~~ ' Date'
AUTHORIZED BY: _ Ed · d-~ .~} Trans. Director Dale
APPROVED BY:
Jeff Bibby, P.E. PWED Director
Date
Approved as to Form and
Legal Sufficiency:
' ,~'C-ohl~ Attorney
ATTEST:
(Corporate Secretary)
By:
Type Name and Title
ACCEPTED BY:
Date: '~//~
SOUTHERN MAPPING TECHNQLOGY, INC.
Signature
Template/SN/WO Fixed Term Pro Eng Serv 2
Note: BCC needs to authorize the dollar amount and request that BCC to authorize the ?WED Department
Director to execute the Work Order as part of your Executive Summary.
...... EXECUTIVE SUMMARY
AWARD CONSTRUCTION ENGINEERING INSPECTION SERVICES CONTRACT
TO WILSONMILLER, INC. FOR THE WIDENING OF GOLDEN GATE
BOULEVARD. COLLIER COUNTY PROJECT NO. 63041, CIE NO. 62, RFP # 99-3022
OBJECTIVE: To receive the Boards' approval for award of a construction engineering
inspection services contract to WilsonMiller, Inc. for the widening of Golden Gate Boulevard
(From CR 951 to Wilson Boulevard).
CONSIDERATIONS: On February 22, 2000, the Board approved Agenda Item No. (16) (B)
(16) authorizing staff to begin contract negotiation with the top ranked finn (WilsonMiller, Inc.)
to perform construction engineering inspection services for the Golden Gate Boulevard four-lane
improvement project during construction.
The project was bid on March 8, 2000 and construct/on will commence in May 2000.
Cop3' of the Professional Services Agreement, Scope of Services and Fees Schedule are attached.
FISCAL IMPACT: The estimated cost of this contract is $1,431,556.00 and is budgeted within
the Gas Tax Fund and Road Impact Fee - District 6 Fund. Funding source is Gas Taxes and
Impact Fees.
GROWTH MANAGEMENT IMPACT: This project is consistent with the Capital
h'nprovement Element of the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners award a construction
engineenng inspection services contract to WilsonMiller, Inc. in the amount of $1,431,556.00
and authorize the Chairman of the Board to execute said contract.
SUBMITTED BY: /
A. Nyankadau Korti, Project Manager
Public Works Engineering Department
Date:
REVIEWED BY:
Steve Ca~rnell, l_Jlrector
Purchasing Department
Date:
REVIEWED BY'
REVIEWED BY:
APPROVED
Jeff Bibby, P.E., Director
Publicyv'orks Engineerina Department
Ed,,ard J. Kant,~ ,l~irector
Transpor~aUon Serv~Cs ~~ent
Date:
Date:
' / /._ /
/
GOLDEN GATE BOULEVARD CONSTRUCTION ENGINEERING INSPECTION SERVICES.
COLLIER COUNTY PROJECT NO. 63041
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 Flodda and (hereinafter referred to as the "OWNER") and
WilsonMiller, Inc. a State of Florida corporation, authorized to do business in the State of
Florida, whose business address is 3200 Bailey Lane, Suite 200, Naples, Florida 34105-8507
(hereinafter referred to as the "CONSULTANT").
WI TN E S SETH:
WHEREAS, the OWNER desires to obtain the professional Construction Engineering
Inspection services of the CONSULTANT concerning certain design services for Golden Gate
Boulevard (Project No. 63041) (hereinafter referred to as the "Project"), said services being
more fully described in Schedule A, "Scope of Services", which is attached hereto and
incorporated herein; and
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services;
and
WHEREAS, the CONSULTANT represents that it has expertise in the type of
professional services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein,
the parties hereto agree as follows:
-1-
MAR 2 &
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional Construction Engineering Inspection
services in all phases of the Project to which this Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the
Scope of Services described in detail in Schedule A. The total compensation to be paid
CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B,
"Basis of Compensation", which is attached hereto and incorporated herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the pedod of this Agreement
all such licenses as are required to do business in the State of Florida and in Collier County,
Florida, including, but not limited to, all licenses required by the respective state boards and
other governmental agencies responsible for regulating and licensing the professional services
to be provided and performed by the CONSULTANT pursuant to this Agreement.
1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Flodda Statutes, requires a license, certificate of authorization
or other form of legal entitlement to practice such services, it shall employ and/or retain only
qualified personnel to provide such services.
1.5. CONSULTANT agrees to employ and designate, in wdting, 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 "Project 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
-2-
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 personnel
employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any
personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to
provide and perform services or work pursuant to the requirements of this Agreement, whom the
OWNER shall request in writing to be removed, which request may be made 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 all
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 CQNSULTANT 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
-3-
performance of the CONSULTANT's obligations hereunder, or in the course of judicial or
legislative prc~ceedings 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 pdces 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, i/~ all responsive and responsible bids exceed the estimates of construction costs
prepared by CONSULTANT.
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 I~~..~i~a~
-4- t 2
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 applications and supporting documents (except those already to be
furnished under this Agreement) for private or governmental grants, loans, bond issues or
advances in connection with the Project.
2.2. Services resulting from significant changes in the general scope, extent or character of the
Project or its design including, but not limited to, changes in size, complexity, OWNER's
schedule or character of construction; and revising 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
pdor 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 of 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 included in Basic
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
OWNER in obtaining process licensing.
-5-
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.
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 pa~ of the Basic Services to be provided herein).
2.12.
otherwise provided for in this Agreement or not customarily furnished in
generally accepted Construction Engineering Inspection practice.
ARTICLE THREE
OWNER'S RESPONSIBILITIES
Additional services rendered by CONSULTANTS in connection with the Project, not
accordance with
-6-
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 wdtten orders or instructions to the CONSULTANT that
would have the effect, or be interpreted to have the effect, of modifying or changing in any way
whatever:
(a) The scope of services to be provided and performed by the CONSULTANT
hereunder;
(b) The time the CONSULTANT is obligated to commence and complete all such
services; or
(c) The amount of compensation the OWNER is obligated or committed to pay the
CONSULTANT.
3.2. The Project 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
-7-
MAR 2
(d) Arrange for access to and make all provisions for CONSULTANT to enter the
Project site to perform the services to be provided by CONSULTANT under this
Agreement; and
(e) Provide notice to CONSULTANT of any deficiencies or defects discovered by
the OWNER with respect to the services to be rendered by CONSULTANT
hereunder.
3.3. CONSULTANT acknowledges that access to the Project Site, to be arranged by OWNER
for CONSULTANT, may be provided during times that are not the normal business hours of the
CONSULTANT.
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 costs of any required land surveys in connection with such acquisition.
ARTICLE FOUR
T~ME
4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the
execution of this Agreement upon written Notice to Proceed from QWNER for all or any
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, stdkes 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 COHSULTANT of its duty to
perform or give rise to any dght 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 nine
hundred (900) Calendar days (subject to a start date corresponding with the selection of a
construction contractor, the intent is to have the CEI consultant staff available approximately
thirty (30) days prior to the start of actual construction) of the date hereof, the CONSULTANT's
compensation shall be equitably adjusted, with respect to those services that have not yet been
performed, to reflect the incremental increase in costs experienced by CONSULTANT after
expiration of said twenty-four (30) 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
rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and
option may withhold any and ail 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
-9-
5.1. Compensation and the manner of payment of such compensation by the OWNER for
services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled
"Basis of Compensation", which is attached hereto and made a part hereof.
ARTICLE SiX
OWNERSHIP OF DOCUMENTS
6.1. Upon 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 attorneys
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.
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 pedod of this Agreement and dudng
-]0-
the five (5) year period noted above; provided, however, such activity shall be conducted only
dudng normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. The CONSULTANT in consideration of $100.00, the sufficiency and receipt of which is
acknowledged through the signing of this Agreement shall protect, defend, indemnify and hold
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 adsing 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 per[ain to any claims
brought 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 adsing out
of or incidental to the performance of the construction contract or work performed thereunder.
ARTICLE NINE
INSURANCE
-II-
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 owh staff
and sub-consultant (Forge Engineering Inc.), unless otherwise authorized in writing by the
OWNER. The employment of, contract with, or use of the services of any other person or firm
by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written
approval of the OWNER. No provision of this Agreement shall, however, be construed as
constituting an agreement between the OWNER and any such other person or firm. Nor shall
anything contained herein be deemed to give any such party or any third party any claim or dght
of action against the OWNER
Agreement.
beyond such as may otherwise exist without regard to this
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all
claims, except for insurance company subrogation claims, by it against QWNER arising out of
this Agreement or otherwise related to the Project, except those previously made in wdting and
identified by CONSULTANT as unsettled at the time of the final payment. Neither the
acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a
waiver of any of OWNER's rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12:1. CONSULTANT shall be considered in matedai 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 wdtten
notice.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1
shall be deemed to be the notice of termination provided for in paragraph 12.3 below and
CONSULTANT's remedies against OWNER shall be the same as and limited to those afforded
CONSULTANT under paragraph 12.3 below.
12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause
upon seven (7) calendar days written notice to CQNSULTANT. 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, drawings, models, and other matedal set forth and described in this
Agreement.
-13-
12.5. The OWNER shall have the power to suspend all or any portions of the services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days pdor
written notice of such suspension. If all or any portion of the services to be rendered hereunder
are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an
extension of time to its schedule in accordance with the procedures set forth in
Article Four herein.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement.
13.2. In accordance with provisions of Section 287.055, (5)(a), Flodda Statutes, the
CONSULTANT agrees to execute the required Truth-tn-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 pdce 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 performa~_.~,~,rvj~
required hereunder. CONSULTANT further represents that no persons having any such interest
shall be employed to perform those services,
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon 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
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 Department, 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
cio Public Works Engineering Department
3301 Tamiami Trail East
Naples, FI. 33962
Attention: A. Nyankadau Korti, MBA
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:
WilsonMiller, Inc.
3200 Bailey Lane, Suite 200
Naples, Florida 34105 - 8507
Attention: John H. DeWinkler, P.E.
16,3. Either party may change its address of record by wdtten notice to the other party given in
accordance with requirements of this Article,
ARTICLE SEVENTEEN
MISCELLANEOUS
-]5-
17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and
assume towards OWNER a duty of the highest trust, confidence, and fair dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, 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 47 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 pdor 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 Flodda, and by the laws, rules and regulations of the United States
when providing services funded by the United States government. Any suit or action brough.t..by
-16-
L
either party to this Agreement against the other party relating to or adsing out of this Agreement
must be brought in the appropriate Florida state court in Collier County, Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement for '14 the day and year first written above.
ATTEST:
Dwight E. Brock, Clerk
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 DISTRIC'FJ
By:
Date:
By:
Timothy J. Constantine, Chairman
Approved as to form and
legal sufficiency: ,./¢~--~7
Assistant County Attorney
WilsonMiiler, Ipc:---~: ./~
/ ~' % :/' ,-'.'-"~--~' /" I/' /-
Ferm~n A. D~az, Ex~cubve v.~r/and CO0
(CORPORATE SEAL)
SCHEDULE A
SCOPE OF SERVICES
Schedule A consists of the following component Parts:
A. 1. DESCRIPTION OF PROJECT
A.2. CONSTRUCTION CONTRACTADMINISTRATtON
A.3. DETAILED OBSERVATION OF CONSTRUCTION
-]8-
A.1. DESCRIPTION OF PROJECT.
A. 1.1. LOCATION: The project consists of the Construction Engineering inspection of a four-
lane improvement of Golden Gate Boulevard in Golden Gate Estates from CR 951 to Wilson
Boulevard.
A. 1.2. TYPE OF WORK: The project consists of improving the existing roadway from two lane
roadway to a four-lane divided urban highway for approximately five (5) miles, and the
construction of box culvert extensions at CR 951 and at Cypress Canal, As part of the Golden
Gate Boulevard four lane improvement project, approximately nine (9) miles of storm water
management and outfall system construction is included on the side streets from Golden Gate
Boulevard to Golden Gate Main Canal and construction of eight (8) dry detention (ponds) area.
Other activities include the improvements to Wilson Boulevard Intersection, CR 951 Intersection,
instillation of new traffic signats at Big Cypress Elementary School, 13~' Street, 5~' Street and
Wilson Boulevard. A detail description is listed on Page 1 of 3 of Schedule A - Scope of
Services, Attachment A
A. 2. CONSTRUCTION CONTRACT ADMINISTRATION.
A.2.1. 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
regularly scheduled coordination meeting with OWNER and contractor.
A.2.2. 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
a .c¢,eptability of work and materials and make recommendation to OWNER to reject items not
meeting the requirements of the Contract Documents.
-]9-
A. 2.3. 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 pedod
reasonably necessary for the determination of whether or not the work will in fact comply with the
requirements of the Contract Documents.
A.2.4. Require that any work which is covered up without being propedy observed be uncovered
for examination and restored at contractor's expense if deemed appropriate by the
CONSULTANT.
A.2.5. 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.2.6. Submit to OWNER, in a format acceptable to OWNER, weekly 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.2.7. Review and make recommendations to 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. All submittals shall be approved
by the designer of record.
A. 2.8. Monitor all required Project records, including but not limited to delivery schedules,
inventories and construction reports. Based upon the Project
CONSULTANT's observations at the site and evaluations of the data reflected in contractor's
application for 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)
(b)
(c)
the work has progressed to the point indicated;
the work is in substantial accordance with the Contract Documents; and
the contractor(s) is (are) entitled to payment in the recommended amount.
A.2.9. 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, 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 Contract Documents.
A.2.10. 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. 2.11. Upon receiving notice from the contractor advising CONSULTANT that the Project is
substantially complete, CONSULTANT, shall schedule and, in conjunction with OWNER,
conduct 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.
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 operational integrity and function of
the Project are capable of continuous use.
A.2.12. 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.2.13. 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.2.14. 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.2.15. A detail description is listed on Page 28 "Schedule A" - Scope of Services, Attachment
A
A. 3. DETAILED OBSERVATION OF CONSTRUCTION.
A.3.1. Construction work shall be done under the full-time observation of at least one
representative of CONSULTANT; or by such additional representatives of the CONSULTANT as
may be necessary for observing the construction of the Project, as may be authorized and
approved by the OWNER.
-2.2-
A.3.2. During detailed observation of construction CONSULTANT shall act to protect OWNER's
interests 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, all existing private facilities
within the work zone, existing pre-construction surface conditions, important
phases of construction, construction observations that detect questionable
practices or special interest areas, problems or accidents, surprises from
unanticipated conditions and other items that require visible documentation.
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 (i.e., including copies of bacteriological and pressure tests
when potable water lines are involved upon completion of operable units,
signalization and lighting testing etc.).
END OF SCHEDULE A
-23 -
SCHEDULE B
BASIS OF COMPENSATION
B.1.1. As consideration for providing Basic Services as set forth herein in Parts A. 1, A.2, and
A.3 of Schedule A, OWNER agrees to pay. and CONSULTANT agrees to accept, the lump sum
fees as shown on Attachment A entitled "Schedule Fees for Basic Services".
B.1.2. Payment For Basic Services under Parts A. 1, A.2 and A.3 of Schedule A shall be paid on
a time and reimbursable or unit price basis upon receipt of an approvable invoice on no more
than a monthly basis.
B.2.1. As consideration for providing Basic Services under Part A.3 entitled "Detailed
Observation of Construction" and for properly approved Additional Services set forth in Article
Two of this Agreement as estimated on Attachment C entitled "Consultant's Estimate of
Additional Services", OWNER agrees to pay and CONSULTANT agrees to accept payment on a
time and reimbursable cost basis. Payments for Part A.3 services and properly approved
Additional Services shall be made monthly on a time and reimbursable cost basis computed in
accordance with either Attachment B entitled "Consultant's Employee Houdy Rate Schedule" for
employees working under this Agreement or Attachment C entitled "Consultant's Estimate of
Additional Services". Payment shall be made monthly on an as needed basis, 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
Attachment B provided such overtime work is approved by OWNER in advance whenever
possible and not due to CONSULTANT'S own fault or neglect.
B2.2. Reimbursable costs shall mean the actual expenditures made by the CONSULTANT
while providing Basic Services under Part A.3 or Additional Services, in the interest of the
Project, listed in the following sub-paragraphs:
A.3.2. During detailed observation of construction CONSULTANT shall act to protect OWNER's
interests 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, all existing private facilities
within the work zone, existing pre-construction surface conditions, important
phases of construction, construction observations that detect questionable
practices or special interest areas, problems or accidents, surprises from
unanticipated conditions and other items that require visible documentation.
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 (i.e., including copies of bacteriological and pressure tests
when potable water lines are involved upon completion of operable units,
signalization and lighting testing etc.).
END OF SCHEDULE A
-2.3 -
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 submitted in triplicate in a
form and manner required by OWNER.
B.3.4. CONSULTANT acknowledges that Attachment A - Schedule of Fees for Basic Services,
Attachment B - Consultant's Employee Hourly Rate Schedule, and Attachment C - Consultant's
Estimate of Additional Services, 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.3.5. As compensation for coordinating subconsultant activities ( other than Forge Engineering,
Inc. which was submitted as a subconsultant for material testing services 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 Part A.3 and 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 Part A.2 of Schedule A.
END OF SCHEDULE B.
-26-
(a)
(b)
(c)
(d)
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;
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 Parts
A.2 and A.3 of Basic Services;
when authorized in advance by OWNER, except as specifically otherwise
provided herein, the expense of overtime work requiring higher than regular
rates; and
expenses for renderings, models and mock-ups requested by OWNER.
B.2.3. By way of example and not limitation, reimbursable costs shall specifically not include
expenditures, except as otherwise described in paragraph B,2.2, such as:
(a) expenses for transportation 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.3.1. In no case shall the lump sum figures on Attachment A be exceeded without a change in
the scope of the project being approved by the Board of County Commissioners for Collier
County Florida.
B.3.2. Detailed Construction Observation work performed under Part A.3. and Additional
Services, shall be paid as substantiated to the limits shown in Attachment C, but not to exceed
the sum of those figures without execution of an appropriate Agreement amendment.
B.3.3. 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 number of the p~.ba_.s_~ p. rder .b_..~._~
ATTACHMENT A
SCHEDULE A
PROVIDED BY WILSONMILLER::
CONTRACT ADMINISTRATION AND INSPECTION SERVICES
· Administration
· Set up and maintain all project records in conformance with County require, me~s
· Prepare and maintain density log book, pipe log, MOT log, field books and
Microsoft Access Database before construction begins
· Process shop drawings to County' s Project Manager only if structures require change of
as otherwise required in the Contract Documents
· Conduct pre-construction conference
· Conduct construction progress meetings eve~ other week
· Monitor construction to conform with contract doc~mems and permits
· Maintain project diary in County's format
· Monitor materials to comply with specifications
· Samples/Reports reviewed and fi]ed
· Check monthly pay estimate submittal from contractor and submit to County
- Inspection
· Monitor construction operations
· Inspection and reporting in accordance with County procedures
· Work zone traffic control inspection by Certified Traffic Control inspectors
· Daily check of asphalt plant records on asphalt mix production days
· Inspection of signalization and lighting
· Field Testing
· Materials sampting/inspection by certified technicians
· Sampling frequency will meet FDOT requirements of the Material Guide Schedule
(Except Class I Nonstructural Concrete testing will not be required
· Samples tested, reviewed and filed
· Pavement core reports-reviewed and filed
· Liaison
· Maintain communication/document as desired by the County Project Manager
· Coordinate with County Project Manager and Eng/neer-of-Record for post~desi~mq
services or design changes
· Coordinate with County Project Manager on critical issues
· Provide Public Information liaison
· Coordinate with utilities throughout duration of the project
· Equipment (supplied within Hourly Rates)
· Pick-up trucks (fully equipped) for all Inspectors
· Troxler 3440 or 3430 and Speedy Moisture testers
· )all thermometers and density/moisture gauges calibrated
· Photo equipment-35 mm or digital camera and VHS video recorder
· Cellular telephones for all inspectors
Computers with modem
Software as required to be compatible with Collier County
Safety equipment (strobe lights, safety vests, hard hats, flashlights, etc)
Concrete testing equipment (Slump cone, thermometer, Roll-O-Meter, wheelbarrow,crc)
Specification books and manuals
Microsoft access software for detailed printout of contractor's progress.
Fully equipped inspectors carry all test equipment required
Turbidity meter
28
ATTACHMENT A
WILSONMILLER~ INC.
SCHEDULE A - SCOPE OF SERVICES
COUNTY PROJECT 63041
RFP NO. 99-3022
GOLDEN GATE BOULEVARD PROJECT
COLLIER COUNTY, FLORIDA
March 3, 2000
Introduction
WilsomMiller, Inc. will provide construction engineering and inspection services on Golden Gate
Boulevard from CR951 to east of Wilson Boulevard Services include, but are not limited to, inspection,
sampling, on-site testing, documentation, and other contract administration services required by Collier County..
Collier County has defined the Golden Gate Boulevard project as follows:
· Consists of improving the existing two-lane roadway to a four-lane divided urban highway for approximately
five miles with box culvert extensions at CR951 and at Cypress Canal
· Improvements to CR951 intersection to allow for the future four-taning of CR951 to the north and includes
turn lane w/de,ting, a retaining wall, milling, resurfacing and signal modifications.
· Improvements to Wilson Boulevard intersection to provide a southbound right turn lane and the addition of a
traffic signal
· Other new' traffic signals will be constr,acted at Big Cypress Elementa~' School, t 3th Street West and 5th
Street West
· Improvements to approximately nine miles of stormwater management and outfakl system construction
between Golden Gate Boulevard and the Golden Gate Main Canal on the following side streets:
2? Street SW t9m Street SW
13m Street SW tla' Street SW
11° Street SW 9m Street SW
7~' Street SW 5m Street SW
3rd Street SW Wilson Boulevard
Consists of eight dry detention ponds
Improvements to include curb and gut'rer, raised median, sidewalks on both sides, dr/veways, and side street
intersection improvements
PRO VIDED BY COLLIER COUNTY:
Collier County shall provide contract administration through the execution of the Construction Contract
Documents and shall also process the Contractor's pay requests, change orders, supplemental agr~ eements, shop
drawings, and plan/specification changes
Collier County shall update their web page with information submitted by \VilsonMiller and communicate with the
news media.
Collier County shall provide Steve Ritter as a full time inspector with a vehicle and cellular phone to work under
the supervision and as part of the Wilso~¢liller CEI team. It is understood that he is qualified as an inspector for
concrete, storm sewer, embankment and nuclear density testing and that Es services are required to enable the
WilsonMJller CEI team to perform the work defined in the scope of services below Should Mr
unavailable for an.~ period of time, the WilsonMiller C£I services agreement will be amended to incrtselt[le?~_~-~ i
to provide for another Wilso,~iller inspector for tha~ period of time
ATTACHMENT A
SCHEDULE A
PRO VIDED B Y WILSONMILLER::
CONTRACT ADMINISTRATION AND INSPECTION SERVICES
Administration
·
·
Set up and maintain all project records in conformance with County requir.e, me3is
Prepare and maintain density log book, pipe log, MOT log, field books and
Microsoft Access Database before construction begins
· Process shop drawings to County's Project Manager only if structures require change or
as otherwise required in the Contract Documents
· Conduct pre-construction conference
Conduct construction progress meetings every other week
· Monitor construction to conform with contract documents and permits
· Maintain project diary in County's format
· Monitor materials to comply with specifications
· Samples/Reports reviewed and filed
· Check monthly pay estimate submittal from contractor and submit to County
Inspection
· Monitor construction operations
· Inspection and reporting in accordance with County procedures
· Work zone traffic control inspection by Certified Traffic Control inspectors
· Daily check of asphalt plant records on asphalt mix production days
· Inspection of signalization and lighting
Field Testing
· Materials sampling/inspection by certified technicians
· Sampling frequency Mil meet FDOT requirements of the Material Guide Schedule
(Except Class I Nonstructural Concrete testing will not be required
· Samples tested, reviewed and filed
· Pavement core reports-reviewed and filed
Liaison
· Maintain communication/document as desired by the County Project Manager
· Coordinate with County Project Manager and Engineer-of-Record for post-design
services or design changes
· Coordinate with County Project Manager on critical issues
· Provide Public Information liaison
· Coordinate with utilities throughout duration of the project
Equipment (supplied within Hourly Rates)
· Pick-up trucks (fully equipped) for all Inspectors
· Troxler 3440 or 3430 and Speedy Moisture testers
· All thermometers and density/moisture gauges calibrated
· Photo equipment-35 mm or digital camera and VI-IS video recorder
· Cellular telephones for all inspectors
· Computers with modem
· Software as required to be compatible with Collier County
· Safety equipment (strobe lights, safety, vests, hard hats, flashlights, etc.)
· Concrete testing equipment (Slump cone, thermometer, Roll-O-Meter, wheelbarrow.etc)
· Specification books and manuals
· Microsoft access software for detailed printout of contractor's progress
· Fully equipped inspectors carry all test equipment required
· Turbidity meter
28
ATTACHMENT A
SCHEDULE A
PUBLIC INFORMATION OFFICER
Receive, log, and respond to public inquiries
· Transmit public inquiries to County's Project Manager
· Submit monthly newsletter of progress to County's Project Manager
· Conduct Public Information Meeting prior to the start of construction
· Be accessible to property owners and traveling public
Display sign showing the County's Website address and the project field office."
telephone number
FIELD OFFICE EQUIPMENT
· Four (4) telephone lines (2 incoming/outgoing, 1 fax, 1 modem)
· Copy machine
· Office furniture
· Office supplies
· lntemet access
· Printer
· File cabinets
FIELD OFFICE
· Trailer on Collier County' Library site, or office space as otherwise approved by the County's
Project Manager
SURVEY SERVICES
· Post construction survey of roadway every 300 feet
· Pre and post construction su~'ey of ponds
· Post construction survey of side street outfall ditches
· Check earthwork quantities using sur¥% s stated above
LABORATORY TESTING · Strength tests for structural concrete
LBR for stabilization and limerock, if applicable
· Verification of limerock liquid limits and carbonates
· Proctors
· Ph and or~ganic testing for top soil verification
· Bulk specific graviD' for asphalt mix conn'ol strips
· Random extrac:~on gradation for asphalt mix at plant
EXCLUDED SER VICES
The following is specifically exc'.uded from the services to be provided by WilsonMiller, Inc.:
· Asphalt plant inspector
· Approval of shop drawings
· Class I Nonstrucmrnl Concre:e testing
· FDOT reporting, recording. ~nd data enrrw' excevt as stated above
· FDOT district laborarou tesun~
29
ATTACHMENT A
WilsonMiller, Inc.
Schedule B - Fees
County Project 63041
RFP No. 99-3022
Golden Gate Boulevard CEI Project
Collier County, Flodda
March 3, 2000
TASK 1 - CONSTRUCTION ENGINEERING~ INSPECTION I ADMINISTRATION
Project Manager (PC4)(St.)2
Office EngineedPIO(PC3) (St.)
Admin. Assistant 2 (AM2)(St.)
· Sr. Inspector (FT3)(St.)
20% Overtime (30 X 173 X 0.2)
692 Hrs. X $105 =
5536 Hrs. X $75 =
5190 Hrs. X $50 =
5536 Hrs. X $70 =
1038 HrsX$82 =
72,660.00
415,200.00
259,500.00
387,520.00
85,t16.00
1,219,996.00
TASK 2 - REIMBURSABLE EXPENSES
Public Information
Location Signs 2 ea X $500 =
Multimedia Productions (Public Presentations) =
Public Meetings (Supplies/Rental) =
Variable Message Boards (Rent) 50 days X $85 =
Public Notices (Newspaper) =
Field Office
Trailer Rental
ADA Handicap Ramp
Steps
Skirting
Delivery, Set-up, Return
Relocate on Site
Collier County Permit
32 mo. X $509.00
1 ea. X $5,777 =
1 ea. X $1,617 =
1 ea. X $880 =
1 ea X $1,237 =
1 ea. X $1,431.00
2 ea. X $1,000 =
$ 1,000.00
5,000.00
2,000.00
4,250.00
2000.00
$ 14,250.00
$ 16,288.00
5,777.0'0
1,617.00
880.00
1,237.00
1,431.00
2,00O.OO
$ 29,230.OO
3O
ATTACHMENT A
SCHEDULE B
Field Office Equipment
Telephone Installation (4 lines, 2 rotary) =
Copier (rent, maintain) 32 mo. X $270 =
Furniture
Utilities:
Electdc 32 mo. X $130 =
Telephone 32 mo. X $250 =
Garbage 32 mo. X $50 =
Water 32 mo. X $50 =
Sewerage Holding Tank 32 mo. $50
Postage/Shipping 32 mo. X $ 50 =
Electdc Hookup/Disconnect =
TASK 2 REMBURSABLE EXPENSES
500.00.
8,640.00
2,500.00
4,160.00
8,OOO.0O
1,600.00
1,600.00
1,600.00
1,600.00
2,000.00
$ 32.2OO.OO
$ 75,680.00
TASK 3 SURVEY SERVICES
Office Support:
Project Surveyor- PSM (PC4)(St.) 87 Hrs. X $105 =
Survey Technician (CT3)(St.) 294 Hrs. X $70 =
Field Crew:
GPS Crew 2 days X $960 =
3-Man Crew 62 days X $880 =
$ 9,135.00
20,580.00
! ,920.00
54.56000
$ 86,195.00
TASK 4- SUBCONSULTANT - LABORATORY TESTING - FORGE ENGINEERING~ INC.
Laboratory Testing (see breakdown) $ 49,685.00
TOTAL PROJECT FEE
Notes:
1. Hours by classification from CEI Estimated Staffing Chart
2. St. = Straight Time - 40 HoursNVeek
$ 1,431,556.0
31
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ItlII~/IIIIIIIIIIIIIIIFI~:~.~'
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IIII1~/11111 1111111111~1
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MAR 2
ATTACHMENT A
SCHEDULE B
FORGE ENGINEERING~ INC.
LABORATORY TESTING
Projection for Golden Gate Blvd
County Project No. 63041
March 3, 2000
. ITEM I~ UNIT
LBR'S [
ST.&BIZIZED S/G EA
LI~MEROCK BASE
LIMEROCK MATERIALS
LIQUID L~ITS (RA_N-DOM)
PLASTtC INDEX (P,.KN'DOM-)
C.&RBONATES (RAN'DOM)
PROCTORS
QUANTITY UNIT PRICE TOAL AMOUNT
60 $225.00 $13,50000
EA 20 $225.00 $4,500.00
5
t EA
$45 00
S225.00
$50.00 $25000
$5000 $250.00
$75.00
$28.00
MODEFEED 1 'EA [ 80
$6~000.00
$1,400.00
$1,120.00
: EA
STANT).&RD [ EA I 20 $7000
TOPSOIL
I
PH TEST 40 $12.00 $480.00
ORGA~WIC S 40
COblPRESSIVE STRENGTIt
TEST
STRUCTLq~&L CONC (80x3~ i CYL 240 $6.00 ~ $1,440.00
$1,600,00
32 $50.00
· ASPItALT TESTENG
ASPLT PLANT ENSP.(200 days x 2) } HR
EXTtL~.C TION/GRADATION ,, HR
(20 trips x 2
$43.00 $17,,200.00
$43.00 $1,720.00
TOTAL i $49,685.00
B S.G'S
400*
40
HOURS BASED ON USING ASPHALT BASE IN L1-F.U OF L~IEROCK BASE AND STABELIZED
SL~GRA_DE LBR'S .~q-D MODIFIED PROCTORS WILL BE DECREASED IF TH:ESE OPTIONS
.~E USED
33
Forge
Engtr~eering
ATTACHMENT A
SCHEDULE B
Engineering, Inc.
Forensic, Geotechnical and
Construction Consultants
; a03.~136
February 23, 2000
TD.
Cpmpany:
Fax Number.
Tom Pnmavera
WilsonMiller, Inc.
597-2419
Billing Rates for Collier County Government Projects
Mark Spang
Pages (inci.udin.q cover):
Messaqe
Requested information:
Task
Biltin_q Rate (per test)
LBR $225.00
Liquid Limit $ 45.00
mlastic Limit & Plasticity Index $ 50,00
Carbonates $ 50.00
Loss on Ignition Organics $ 28.00
Moclrfied ProC, or $ 7500
Standard Proctor $ 7000
PH Test $ 12.00
Concrete (prov~3e molds/break cyl.) $ 6.00
Bulk Specific Gravity/Absorption (asphalt) $ 50.00
Extraction/Gradai~On (asphalt) $ 43.00
A~pkalt Plant Inspection $ 43.00
(includes Modified Proctor)
(percylinder)
(houdy)
(houdy,~odalto
~de~ial, a~-~ ~ d~ure u~ appti~le l~. ~ ~e ~er ~ th~ m~e ~ n~ the ~nd~ ~p~ent or an
emplw~ ~ ~e~ r~s¢~e ~ deU~ng this ~s~e lo Ihe i~d~ ~em. ~u are ~W not~ ~ any di~e~n~on,
distdbu~on, ~ c~yi~ ~ this commun~on ~ s~y wohib~. If you ~ave ~hS ~on ~n e~r, ~e n~ ~e ~end~
~mm~laleiy by t~lephcne and r~um t~e 0~g;nal lr~sm~s~on Io the add~5 ~Jow Thank' ~u
6200 Shme¥ Slreet, Sorte 204; Naples, Florida 34109 · Phone (~1) 51~100, F~ (~1) 51~161 · ~ail: ~rg~g~te.ne~
ATTACHMENT A
SCHEDULE B
WILSONMILLER SCHEDULE OF FEES
Standard
Hourly Rate Overtime
PC1 Professional Consultant Level 1 $60.00/Hr.
PC2 Professional Consultant Level 2 575.00/Hr.
PC3 Professional Consultant Level 3 590,00/I1r,
PC4 Professional Consultant Level 4 $105.00/Hr.
PC5 Professional Consultant Level 5 $120.00/Hr.
PC6 Professional Consultant Level 6 $135.00/Hr.
PC7 Professional Consultant Level 7 $150.00/Hr.
PC8 Professional Consultant Level 8 $175.00/Hr.
CT1 Computer Technician 1 S50.00/tlr.
CT2 Computer Technician 2 560.00/Hz.
CT3 Computer Designer 3 $70.O0/Hr,
CT4 Senior Designer 4 S80.00/Hr.
FT1 Field Technician 1 $50.00/Hr.
FT2 Field Tec,hnician 2 560.00/Hr.
FT5 Field Technician 3 570.00/Hr.
GS 1 Geographic Information Systems .Analyst 1 560.00/H_r.
GS2 Geographic Information Systems ,Analyst 2 575.00/I1r.
GS3 Geographic Information Systems Specialist 3 590.00/Hr.
GS4 Geographic Information Systems Specialist 4 Sl05.00/Hr.
AM 1 Administrative Assistant 1 535.00/Hr.
AM2 Administrative Assistant 2 $50.00/Hr.
SC2 2 Person Field Crew $95.00/H_r.
SC3 3 Person Field Crew S I l 0.00/Hr.
GPC GPS Crew $ i 20.00/Hz.
$70.00
$82.OO
Unit billings, such as printing and survey materials, will be billed at Wilson_Miller standard rates
(Schedule available on request). All other out-of-pocket expenses ,,~ ill be billed at cost + 15%.
35
MAR 2 8
SCHEDULE B - ATTACHMENT C
CONSULTANT'S ESTIMATE OF ADDITIONAL SERVICES
(INCLUDING DETAILED OBSERVATION OF CONSTRUCTION)
[reduce schedule to be provided by CONSULTANT and place it here]
NONE AT THIS 'TIME.
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 wdtten 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) Ali insurance coverages of the ContractodConsultant/Professional shall be primary to
any insurance or self insurance program carded 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.
38
(7) ContractodConsultant/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 authonzed 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
responsible for the coverages purchased or the insurance company or companies used. The
decision of the Owner to purchase such insurance coverages shall in no way be construed to be
a waiver of any of its rights under the Contract Documents.
(9) If the initial, or any subsequently issued Certificate of insurance expires pdor to the
completion of the Work or termination of the Agreement, the Contractor / Consultant /
Professional shall furnish to the County, in triplicate, renewal or replacement Certificate(s) of
Insurance not later than thirty (30) calendar days pdor to the date of their expiration. Failure of
the Contractor to provide the County with such renewal certificate(s) shall be considered
justification for the County 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
ContractodConsultant/Professional dudng the term of this Agreement for all employees engaged
in the work under this Agreement in accordance with the laws of the State of Flodda. The
amounts of such insurance shall not be less than:
a. Worker's Compensation - Flodda Statutory Requirements
b. Employers' Liability (check one)
$100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
X
$1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive 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)
... Applicable X Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? (check one) X Yes
No
(1) Commercial General Liability Insurance
Contractor/Consultant/Professional. Coverage will include,
Property Damage, Personal Injury, Contractual Liability
40
shall be maintained by the
but not be limited to, Bodily Injury,
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 pedod 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
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
$3OO,OO0
$300,000
$300,000
$300,000
$ 5O,OOO
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
$500,000
$500,000
$500,000
$500,000
$ 50,000
X
__ _ General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
(2) The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. "This endorsement modifies insurance
provided under the following: Commercial General Liability Coverage Part. The General
Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away
from premises owned by or rented to you."
(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 Pedod (Discovery Period) for claims shall be
no less than three (3) years.
4]
(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 carded by the Owner.
(5) Coverage shall be included for explosion, collapse or underground property damage
claims.
(6) Watercraft Liability coverage shall be carded 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 to the completion of the work under this Agreement. (check one)
,, Applicable mX__ Not Applicable
PROPERTY INSURANCE - BUILDERS RiSK
(1) Property Insurance - Builders Risk coverage shall be carried by the Owner if
applicable. (check one)
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 Flodda 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
Jnsurarlce
shall be maintained, unless otherwise provided in the Contract
42
otherwise agreed in wdting 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
Matedai Suppliers in the Work.
(3) Property insurance shall be on an all-dsk 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 and debds removal including demolition occasioned by enforcement of any applicable
legal requirements, and, at the Owner's option, shall cover reasonable compensation for
Professional's services and expenses required as a result of such insured loss. At the Owner's
option, flood insurance 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 responsibility of the Contractor
for any deductible associated with the all-dsk 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 maximum 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
Werk in transit.
(6) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and
maintaining boiler and machinery insurance r~:luired by the Contract Documents or
shall specifically cover such insured objects dudng 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 dghts against (1) each
other and 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 insureds, 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)
All Risk Policy - $1,000 maximum deductible
. All Risk Policy - Maximum deductible of $
· Flood Policy - $1,000 maximum deductible
Flood Policy - Maximum deductible of $
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? 24 (check one) ~ 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: 24 (check one)
Bodily Injury & Property Damage- $ 500,000
Bodily Injury & Property Damage - $1,000,000
(2) The Owner shall be named as an Additional Insured under the policy.
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance 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 apply
as primary insurance.
(3) The General Aggregate limit, if applicable, shall apply separately to this project and
the' policy shall be so endorsed.
PROFESSIONAL LIABILITY INSURANCE
45
Required by this Agreement? (check one)_X . Yes No
(1) Professional Liability Insurance shall be maintained by the Consultant/Professional to
insure its legal liability for claims adsing 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
$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 $50,000 each claim.
(3) The Consultant/Professional shall continue this coverage for this Project for a period
of not less than five (5) years following completion and acceptance of the Project by the Owner.
END OF SCHEDULE D.
SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, WitsonMiller, Inc. hereby certifies that wages, rates and other factual unit costs
supporting the compensation for the construction engineering inspection services of the
CONSULTANT to be provided under the Professional Services Agreement, concerning Golden
Gate Boulevard (Project # 63041) are accurate, complete and current as of the time of
contracting.
Revised: JUNE 3, 1997 AC
CERTIFICATE OF LIABILITY INSURANC[,o oR i DATE,M DD
:LSO-1 01/04/00
THIS CERTIFICATE IS ISSUED AS A MATFER OF INFORMATION
ACORD.
PRODUCER
Insurance and Risk Management
Se=vices, Inc.
3200 Bailey Lane #105
~-~es FL 34105-8506
e: 941-649-1444 Fax: 941-649-7933
~N~u~£D
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURERA: Zurich U.S.
WilsonM/ller_ Inc.
3200 Bailey Lane, #200
Naples FL 34105
~NSURER B: FCCI Mutual Insurance Company
INSURER C:
INSURER D:
INSURER E:
COVERAGES
THE POLJCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NoTWITHsTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WiTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSION~ AND CONDITIONS OF SUCH
POUCIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR POLICY EFFECTIVE I POLICY EXPIRATION
LTR TYPE OF INSURANCE POLICY NUMBER DATE [,MMfDD/Y~ ! DATE (MM/DD/YY) LIMITS
G~NE~ u~e~u~ EAC. OCCU~ENCE $ 1
A :X COMMERCIAL GENER~LLIABILITYr CMM98493332 01/01/00 01/01/01 FIREDA~GE(A,yO. naflm) $ 50 , 000
__ __~ c~Ms ~DE ~ OCCUR MSD EXP (A.~y o.. ,,~.o..) $ 5,0 0 0
PERSONAL & ADVINJURY $ i / 000 ! 000
GENEI~UkL AGGREGATE $ 2 , 000 t 000
GEJ "L AGGREGATE LIMIT APPLIES PER; PRODUCTS - COMP/OP AGG $ 2, O00 ~ 000
7- .RD- - r LOC r
POLICY r JECTI i '' J
AUTOMOBILE LIASILITY { I COMBINED SINGLE LIMIT $ I ' 000 000
A ~ ANYAUTO CMM98493332 01/01/00 01/01/01 (Eaaccidem) ,
ALL OWNED AUTOS i BODILY INJURY $
I--~ SCHEDULED AUTOS ! (Par person)
HIRED AUTOS
i BODILY INJURY
'1 NON.OWNED AUTOS i (Par accident) $
/~-.. _ [I PROPERTy' DAMAGE $
[ (Per accident)
.,AR_AGE LIABILITY [ AUTO ONLY · EA ACCIDENT
ANY AUTO I ~, EA ACC $
OTHER THAN
~I AUTO ONLY: AGG $
~xcEss L~B,L,~ ... ~c" OCCU.RENCE $
I occu. ! 1~ cLA, MS ~DE I" , ! A~.EGATE ,'S
DEDUCTIBLE f $
RETENTION $ r
WORKERS COMPENSATION AND I W'C ~'TATU- ~.'{Qx~H. I
TORYLMITS Ft.I ER
; 3MPLOYERS' LtAB~LITY
B 001WC00A23659 01/01/00 01/01/01 E.L. EACHACC}DENT $ 500, 000
E.L. D~SEASE -SA EMPLOYE~ $ 500, 000
~-- DISUSE- POUCY LIMIT $ 500, 000
OTHER
D~SC~ON OF 0PE~TION~LOC~T~ON~VEH~CLES/~CLUS~ONS ADDED BY ENDORSEME~/SPEClAL PROWS~ONS
Engineering and surveying firm throughout the State of Florida.
CERTIFICATE HOLDER IN I ADDITIONAl. INSURED; INSURER
CANCELLATION
For Bid Purposes
BIDONLY
ACORD 25-S (7197)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOh
DATE THEREOF, THE ISSUING INSURER W~LL ENDEAVOR TO MAIL 10 DAYS WRITTEN
NOTICE TO THE CERTIFICATE H0_LD~.E.R NAMED TO TNE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OELIGATID~K)~JA~i{LITY OF ~NY R~'~I~ UPON THE iNSURER, ITS AGENTS OR
WILSMIL3
;: ACORD
PRODUCER
Suncoast Insurance Associates
P.O. Box 22668
Tampa, FL 33622-2668
INSURED
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOV
COMPANIES AFFORDING COVERAGE
COMPANY
ASecurity Ins of Hartford
COMPANY
B
WilsonMiller, Inc.
3200 Bailey Lane
COMPANY
Naples, FL 34105 , c
COMPANY
D
THIS IS TO CERTiFy THAT THE pOLicIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE iNSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT With RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POUCY EFFECTIVE * POUCY EXPIRATION ! UMITS
LTR i DATE (MMIDD/Y'Y) DATE (MM/DD/YY) =
GENERAL AGGREGATE ! $
GENERAL LIABILITY
COMMERCIAL GENERAL L~ABILITY
C ~.IMS MACE OCCUR
OWNER'S & CONTRACTOR'S PROT
PRODUCTS~COMP/OP AGG I$
, PERSONAL & ADV INJURY :$
EACH OCCURRENCE i$
FIRE DAMAGE (Any one fire) i$
MED EXP (Any one person)
AUTOMOBILE LLABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NONOWNED AUTOS
COMBINED SINGLE LIMit ;$
BODILY INJURY
(Per person)
:BODILY INJURY $
;(Per acclOent)
PROPERTY DAMAGE $
GARAGE LIABILITY
ANY AUTO
AUTO ONLY-FA ACCIDENT
OTHER THAN AUTO ONLY:
EACH ACCIDENT
AGGREGATE
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
THE PROPRIETORJ
PARTNERS/EXECUTIVE
OFFICERS ARE
A OTHER
!Professional
Liability
EACH OCCURRENCE
AGGREGATE
i lNCL
EXCL
PL700747
05/26/99
05/26/00
: STATUTORY LIMITS
EACH ACCIDENT
iDiSEASE-POLICY LIMIT
DISEASE- EACH EMPLOYEE
$2,000,000 each claim
$2,000,000 aggregate
DE$C~P~ON OF OPERA~ONSILOCA~ONSNEHICLES/SPECIAL ITEMS
Professional Liability is written on a claims made basis.
FOR PROPOSAL PURPOSES
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OB~N~.O_R LIABIL[ .'.i~,
OF ANY KIND UPON THE COMPANY, I'i'~ AGENT~ O1~.
.....
AUTH~QRIZEO REPRESENTATIVE
· : : : : ::CXS
"-
-- -~ '
EXECUTIVE SUMMARY
APPROVAL OF ATTACHED RESOLUTION AND CERTIFICATION BY THE BOARD
OF COUNTY COMMISSIONERS, AND SIGNATURE OF THE CHAIRMAN,
PERMITTING THE COLLIER COUNTY PUBLIC LIBRARY TO APPLY FOR A
STATE CONSTRUCTION GRANT TO ENLARGE THE IMMOKALEE BRANCH
LIBRARY.
OBJECTIVE: Obtain signature of the Chair of the BCC on the attached resolution and
certification, permitting the Collier County Public Library to apply for a State Library
Construction Grant to enlarge the Immokalee Branch Library.
CONSIDERATIONS: The lmmokalee Branch Library was constructed in 1978, with Federal
Economic Development Administration grant funds. It has functioned well for most of these 22
years: with its 3.800 square feet of floor space. The Library. however, has begun to add special
programs and services. In Fiscal 2000. two special services were added to the Immokalee
Branch.
Responding to needs expressed by the hnmokalee Community. an information and referral
program. CER1 (Community Information and Referral of lmmokalee) was established in the
Immokalee Branch. A full-time staff member works on this program, with assistance of the other
Immokalee Branch Staff. This program collects information on County services and acts as a
liaison bet,a'een County departments and the Immokalee Community. Small group presentations
are difficult to schedule in the small Branch Library. Staff even gave up their break room to
permit the CERI Staff to have an office.
The lmmokalee Branch also received four computer workstations from the Bill and Melinda
Gates Library Foundation this year. Because of the small floor space, the computers are croxyded
together in a comer. It is difficult to provide instruction in usino= the computers without
disturbing the rest of the Library.
It is most difficult to function in this 3,800 square foot building, and continue to provide quality
service to the public as these new programs are added.
The Immokalee Branch has had a 70% increase in the numbers of programs and a 65% increase
in the number of children attending programs since Fiscal 1998. The 400 square foot children's
room is no longer able to accommodate these programs comfortably. Because the room is so
small, patrons cannot use the children's room to find library books while programs are being
presented. Currently, Staff must use the children's room for programs, because there is no
separate meeting room.'
The State Library provides a special construction gl-ant program for public libraries. The
maximum grant amount allowed is $500,000. The application deadline is April 1, 2000. The
Secretary of State will include approved construction grant applications in the Department of
State's Legislative Budget Request for consideration by the Legislature. If the application is
approved, funds will be available in the summer of 2001.
/
FISCAL IMPACT: The maximum grant amount allowed is S500,000. The grant requires local
matching funds equal to the amount of the grant. The Library is requesting $325,000 in grant
funds. Local matching funds totaling $325,000 will be requested fi'om Impact Fees (Fund 355)
during the regular budget process. The Friends of the Library have also agreed to provide
additional funds for furnishings and will assist with fund raising in Immokalee to purchase
equipment beyond the scope of the construction project.
GROWTH MANAGEMENT IMPACT: Construction of additional space in Immokalee will
help meet the minimum floor space standard of .33 square feet per person, established by the
Growth Management Plan. Currently the Library has 86,548 square feet of library space, which
is slightly less than the growth management standard. The Library is, however, in the process of
planning the New Headquarters facility on Airport-Pulling Road. With this addition of 38,000
square feet and the addition of 3.000 square feet to the Immokalee Branch, the Library would
meet growth management standards at least until Fiscal 2007, when .construction could begin on
a south regional library.
RECOMMENDATION: Staff recommends that the Board approve Resolution No. 2000- and the Certification of Application, thus allowing Library Staff to apply roi' the
State Construction Grant.
Prepared by: ./~ -I :-'"~ /~',- DATE:
· i' 0 :. ~-c..-,f-~\ :'. .....
Matthes. Assistant Director
Marilyn
Approved b3:
Joh[~ ~'. Jt;nes, Library l~)irector
ApprovedReviewed by:
Peter Kraley. InterimlPublic Services Administrator
DATE: :'i - / ~-~' (.
DATE:
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RESOLUTION NO. 2000-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AUTHORIZING THE LIBILARY DIRECTOR
TO SUBMIT ON BEHALF OF THE COLLIER COUNTY PUt3LIC LIBRARY AN
APPLICATION FOR PUBLIC LIBRARY CONSTRUCTION FUNDS TO THE
FLORIDA DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, The Florida Department of State, Division of Library and Information
Services is requesting project applications from governmental agencies for construction,
remodeling and expanding public libraries; and
WHEREAS, the Collier County Public Library requires expansion in order to more fully
meet the uec,~ of the citiz~,'~;
WHEREAS, the Collier County Public Library is desirous of receiving financial
assistance pursuant to the above referenced program.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTy
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Library, Director is hereby authorized to sign and submit to the Florida Department
of State an application for library construction grant funds and any other documents required by
the State roi' this grant.
2. The Department of State is hereby assured that the required rift}' percent (50%) match
xvill be available and unencumbered at the time of this grant award and that funding is sufficient
and will be available in order that the project will result in a completed libraD' bui]ding.
3. The Florida Department of State is further assured that upon completion of the project
sufficient funds will be available to operate the facility.
4. The Florida Department of State is assured that thc Count}' has unconditional use of tile
site and the building for library purposes and that the building will be used ¢×clusix'cIy for library
purposes.
5. Proposed changes to the building will be submitted to the Division of Librars.' and
Information, Department of State, if such changes are planned to be made'within twenty (20)
years o f completion of the building.
This Resolution adopted this __
majority vote favoring same.
ATTEST:
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
day of
· 2000 after motion, second and
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
By:
TIMOTHY J. CONSTANTINE, Chairman
Approved as to form
and legal sufficiency:
Thomas C. Palmer,
Assistant County Attorney
CERTIFICATION OF APPLICATION
I certify that this Library Construction Grant Application of the Collier County Public Library
(name of applicant)
is true and accurate to the best of my knowledge, that the applicant will
comply with the standards established pursuant to section 257.15, F.S.; will furnish such reports and information
and follow such procedures as may be required by the Department of State, Division of Library ,.nd Information
Services; that all funds received for the project will be expended solely for the purposes for which granted and
any such funds not so expended, including fimds lost or d~verted to other purposes, shall b~ paid to the
Department of State, Division of Library and Information Services; and that the current annual appropriation for
library service is $ 4,326,600
BOARD OF COU/qTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Timothy J. Constantine, Chairman
Date:
ATTEST:
Dwight E.
A[bproved
Brockt Clerk
as to form and lc=gaf
sufficiency:
Assistant County Attorney
MAR 2 0 oOo
EXECUTIVE SUMMARY
APPROVAL OF AMENDMENT NO. 2 FOR ARCHITECTURAL SERVICES FOR THE
DESIGN OF THE IMMOKALEE JAIL CENTER, RFP # 98-2867.
OBJECTIVE: To approve Amendment No. 2 of RFP # 98-2867, design of the Immokalee Jail
Center to the V Group of Florida, Inc.
CONSIDERATIONS:
On January 12, 1999, theBoard approved RFP # 98-2867 (Design of the Sheriff's Administrative
Facility and the lmmokalee and Naples Jail Centers). The Agreement was phased to
accommodate the potential funding and construction schedule:
Phase One:
Phase Two:
Phase Three:
Construct the 4th floor of the Courthouse (fully funded and completed).
The Immokalee and Naples Jail Facilities, Chiller Plant
(new construction and renovation, currently not funded except for Impact
Fees).
Sheriff's Administration and Operations Facilities (new construction and
renovation). The Operations addition is currently under construction.
Jail Impact Fees have been accumulating and are available for the design of the Immokalee Jail
Center. This facility must be completed before the commencement of the Naples Jail Addition
and Renovation Project. According to the County's Impact Fee consultant (Henderson Young &
Company), 10.4% of the project can be paid for by Impact Fees ($522,380 of the total cost
$5,022,881). If the contribution from Jail Impact Fees exceeds the 10.4% of the final costs, the
BCC will reimburse the Jail Impact Fee cost center with the amount of money necessary to bring
the total of Impact fees down to 10.4% of the total final costs (although this is not anticipated).
Negotiations with the V Group of Florida resulted in the following fee schedule:
Immokalee Jail Center
Basic Fee
Additional Basic Services
Total Architectural Fees
Amount Percentage of Project Cost
$ 308,141 6.1%
85,000 1.7%
$ 393,141 7.8%
Construction Management at Risk Fee for the design phase per RFP #98-2829 with Kraft
Construction Inc. is:
½% x $4,400,000 (construction costs) =
Total Design Fees
$ 22,000
$415,141
FISCAL IMPACT: Funds for the design of this project are available in Fund 381-919010-
993000(Correctional Impact Fees 381 Reserves) and are estimated to be $415,141.
GROWTH MANAGEMENT IMPACT: This request is consistent with the County's
Correctional Facilities Capital Improvement Plan (CFCIP) and County's Master Space Plan.
Addendum No.2 of RFP # 98-2867 (cont.)
Page 2
RECOMMENDATIONS: That the Board of County Commissioners approve Amendment No.
2 of RFP # 98-2867 to The V Group of Florida, Inc. for the design of the Immokalee Jail Center,
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.
/I~ Crognale, Coma~c-tion Manager
gepartment of Facilities Management
DATE:
REVIEWED BY: ~
Skip Can/p, CFM, Director
Department of Facilities management
DATE:
Stephen Y. Carnell, Director
Purchasing Department
DATE:
REVIEWED BY:
Leo E. Ochs, J~., Xdp~d~'i's(rator '
Support Services Di'~visi0n
DATE:
/ /
EXECUTIVE SUMMARY
Appropriate Carryforward Funds in the Human Resources Information
System Capital Projects Budget
OBJECTIVE: To appropriate carryforward funds in the Human Resources Information
System Capital Projects Budget.
CONSIDERATION: Funds were budgeted and forecasted in the 1999 fiscal budget;
however, the balance of the funds were not encumbered at the end of the 1999 fiscal
year. The purpose of the attached budget amendment is to appropriate the balance of the
project funds, $28,000, for use in fiscal year 2000.
FISCAL IMPACT: The required budget amendment will decrease reserves in the
Countywide Capital Improvement fund (301) by $28,000.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners approve the budget
amendment appropriating $28,000 of reserves in Fund 301.
SUBMITTED BY: -'Tz~/7///v~,,'J'/~//dc..~:~ Date: ..3 "/ ~' ~'~
~7- )enn. r J~ i:l a~d~
Human urce~D~rector
APPROVED BY: ~i[~'(V;(C.~ ;'\..--'-"---)Date:
'., oochs !:/ (
Support Service~,. A~/~pinistrator
MAR 2 8 2000 I
EXECUTIVE SUMMARY
RENEWAL AND APPROVAL OF PRE-QUALIFIED LIST OF APPRAISERS AND APPRAISAL
FIRMS FOR REAL ESTATE APPRAISAL AND VALUATION SERVICES.
OBJECTIVE: To approve for County use a number of appraisers and appraisal firms which have been
pre-qualified by staff through a review of their qualifications, their appraisal reports, and through a
review of references and clients.
CONSIDERATION: Real estate appraisers are frequently needed by Collier County to estimate the
compensation due to property owners as a result of the necessary acquisition of their properties (or
portions thereof) for the construction of public improvement projects such as roads, canals, parks, utility
facilities, etc. Real estate appraisers may also be needed by the County to appraise the value of County-
owned property which is being contemplated for sale or lease. Assignments can range from simple one-
dimensional appraisals using only the comparable sales approach, to complex before-and-after appraisal
problems involving severance damages and estimates of curative costs, where only a portion of an
improved property is being acquired by the County.
The purpose of pre-qualifying and approving a list of real estate appraisers is to reduce the time and
expense associated with the solicitation of bids for each appraisal assignment while still securing the
highest quality services available. Each time appraisal services are required by Collier County, all of the
appraisers and/or appraisal firms from the approved list, and only those appraisers, are invited to submit
proposals for service fees and time of delivery. Since implemented in 1987, this process has promoted
competition, and has ensured that Collier County secures high quality services at reasonable prices.
Through a review of sample appraisal reports and various qualifications statements submitted in response
to RFP No. 95-2338, a selection committee appointed by the County Administrator developed a list of
appraisers for approval by the Board of County Commissioners. The list is comprised of State Certified
General Real Estate Appraisers who have demonstrated through training and experience a high level of
competence in the field of eminent domain appraisal, a very specialized branch of the appraisal
profession, and other State Certified General Real Estate Appraisers whose services may be required
when condemnation will not be necessary.
The level of competence of those respondents placed on the eminent domain list was determined by the
selection committee through a combination of past experiences with the appraisers, and through extensive
follow-up with past clients and others listed as references by the applicants. Investment managers,
review appraisers, right-of-way agents, real estate department managers, attorneys and others were
interviewed.
MAR 2 8 2000
While all of the appraisers on both lists are State Certified General real estate appraisers, it is the intent of
the Real Property Management Department to utilize appraisers from the Eminent Domain List whenever
public works projects require the partial taking of an owner's property, or whenever the possibility exists
that a property will have to be acquired through condemnation. Further, to the extent possible, it is the
intent of the Department to utilize those appraisers who have established a record of reliability through
past performance, and who continue to receive favorable recommendations from counsel.
These lists may be expanded from time to time by subsequent Board approval of the addition of other
appraisers who make proper application for a review of their qualifications. The current Board-approved
appraiser lists will expire on April 10, 2000. The Real Property Management Department is
recommending renewal of the firms named on the attached lists for a one year term (from April 11, 2000
through April 10, 2001).
FISCAL IMPACT: Appraisal fees are paid from various capital improvement project budgets.
Through the adoption of project-specific resolutions authorizing the acquisition of real property in
support of these capital improvement projects, the Board has an opportunity to review and approve
expenditure levels for overhead expenses and professional service fees for each project. At this time,
however, the exact amount per project cannot be determined, due to the fact that we cannot predict which
property owners will settle before condemnation is required.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida, renew
as "approved appraisers" those appraisers and/or appraisal firms named on the Collier County Approved
Appraiser Lists for Stand~d A~rvices and Eminent Domain Appraisal Services.
PREPARED BY: DATE:
/
.:::--, _ { /'
REVIEWED BY: ...~:: (~..t--, '~,~- ~h cx~:> , DATE: '~ - x,k,c.~ -c,3t,-i .
Sandra Taylor, Real Property Managdm, ent Director
~e ha~i ~
REVIEWED BY: - ' q · /'~" ' DATE: -'wr ..') -~!
Si urc ng Director
APPROVED BY:
Leo E. Ocl~s, Jr., ~port Services Administrator
DATE: '" :
~o. /L_~z /~':~ ~>
MAR 2 8 2000
COLLIER COUNTY APPROVED APPRAISER LIST
(EFFECTIVE APRIL 11, 2000)
(Addresses and Phone Numbers updated 03/16/00)
STATE CERTIFIED GENERAL REAL ESTATE APPRAISERS
Accredited Appraisers
1601 Marion Avenue, Suite 203
Punta Gorda, FL 33950
PHONE: 941-637-5890
FAX 941-575-8657
GM Phillips and Company
324 Seaboard Avenue South
Venice, Florida 34292
PHONE 941-484-3569
FAX 941-484-5497
Hewitt, Olson and Associates
439 Northeast 7th Avenue
Fort Lauderdale, Florida 33301-1207
PHONE 954-764-5007
FAX 954-779-3137
Appraisal Research Corp.
4306 Arnold Avenue
Naples, Florida 34104
PHONE 941-643-6888
FAX 941-643-6871
Stewart, Stephan and Bowen, Inc.
1919 Courtney Drive, Suite 9
Fort Myers, Florida 33901
PHONE 941-936-4041
FAX 941-936-3141
STATE CERTIFIED GENERAL EMINENT DOMAIN REAL ESTATE APPRAISERS
Douglas J. Dane, MAI
Coastal Appraisal Services
3106 S. Horseshoe Drive
Naples, Florida 34104
PHONE 941-643-2324
FAX 941-643-1143
Joseph F. Miller, ASA
Real Property Analysts, Inc.
1000 South Federal Highway, Suite 202
Deerfield Beach, Florida 33441
PHONE 954-420-5200
FAX 954-420-5388
Sewell, Valentich, Tillis and Assoc.
766 Hudson Avenue, Suite A
Sarasota, Florida 34236
PHONE 941-365-5111
FAX 941-365-3781
Paul Roper, MAI
Clayton, Roper and Marshall
246 North Westmonte Drive
Altamonte Springs, Florida 32714-3307
PHONE 407-772-2200
FAX 407-772-1340
R. Alan Wilcox, MAI
Wilcox Appraisal Services, Inc.
643 East Cape Coral Parkway, Suite C
Cape Coral, Florida 33904
PHONE 941-542-2311
FAX 941-542-8565
Ernie Carroll and Raymond Carroll, MAI
Carroll & Carroll Real Estate Appraisers
2500 Airport Road South, Suite 206
Naples, Florida 34112
PHONE 941-775-1147
FAX 941-775-2154
Kenneth IR. Devos, MAI
6309 Corporate Court, Suite 208
Fort Myers, Florida 33919
PHONE 941-437-2245
FAX 941-437-2250
Victor J. Scodius, ASA
American Acquisition Group
5600 West Mariner Street, Suite 220
Tampa, Florida 33609
PHONE 813-287-8191
FAX 813-287-8272
Woodward S. Hanson, MAI
Hanson Appraisal Company
2233 Second Street
Fort Myers, Florida 33901
PHONE 941-334-4430
FAX 941-334-0403
EXECUTIVE SUMMARY
APPROVAL TO MODIFY AUTHORIZATION METHOD OF BID # 99-2978 FOR
ANNUAL PAINTING CONTR4CT
OBJECTIVE: To have the Board modify authorization method of Bid # 99-2978 to The
Paint Doctor Inc., Spectrum Painting Inc. and Tyton Painting Inc. for painting services.
CONSIDERATIONS: On October 26, 1999 the Board awarded Bid # 99-2978 (Item
16D1) to The Paint Doctor Inc., Spectrum Painting Inc. and Tyton Painting Inc.
consecutively for painting services. Due to the workload and current demands on the
painting industDr, award to multiple vendors, rather than consecutive, is required. This
modification from our original recommendation would allow more availability for
painting services and alleviate scheduling conflicts.
The original selection of vendors was based on a pricing formula, taking into account cost
of service labor hours for specific categories. Those categories included: cost per hour
for skilled painter and general laborer. In addition, consideration was given for markup
over actual cost for materials. A total of eight (8) bidders responded, three (3) were
selected: Paint Doctor Inc.(primary), Spectrum Painting Inc.(secondary) and Tyton
Painting Inc. (third).
Painting services are utilized throughout the County for repairs, remodeling and new
construction. These painting contractors will be utilized for the duration of the contract
based on prices and their ability to do the work within the County's time frame.
FISCAL IMPACT: Painting expenses average S210,000 annually, based on approved
building maintenance and capital budgets. Funds are budgeted in FY 1999-20 project
and operating cost centers.
GROWTH MANAGEMENT: None
RECOMMENDATION: That the Board modify authorization method of Bid # 99-
2978 to The Paint Doctor Inc., Spectrum Painting Inc., and Tyton Painting Inc. for
painting services, as addressed within the summary.
Executive Summary Cont.
On-Call Painting Contractor
Page 2 of 2
SUBMITTED BY: ',~....~ 5, ./' &--., .,...
Daniel R. Rodriguez?..F.a'e'ilitees Manager
Department of Facilities Management
Date:
REVIEWED BY: ~.-~ ~F'/~_~.,~- z,,~"~t-- ~-- -- ~
Skip-Cam~)[ ~2FyI( Director
Department of Facilities Management
Date:
Stephe-n k?. Came"ll, Director
Purchasing Department
Date:
APPROVED BY: c_ '.
Leo E. Ochs, Jr., Administrator
Support Services Division
Date:
R 2 2000
oo
A~E NOA ITEM
No .._._.~ ' '~
MAR 2 8 2000
EXECUTIVE SUMMARY
ENTER INTO AN AGREEMENT WITH COASTLAND CENTER FOR
EXHIBITOR SPACE DURING NATIONAL COUNTY GOVERNMENT WEEK,
APRIL 17-22, 2000.
OBJECTIVE: That the Board of County Commissioners approve an agreement for
exhibition space at Coastland Center during National County Government Week, April
17-22, 2000.
CONSIDERATION: National County Government Week affords county government
an opportunity to reach the public by displaying information about its various services
and programs. Each division will be invited to participate and to provide displays that
are pertinent to its departments and the services they provide.
FISCAL IMPACT;
Coastland Center.
There is no cost associated with utilizing exhibitor space at
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board authorize the Chairman to sign a County
Attorney approved agreement with Coastland Center for exhibition space during National
County Government Week, April 17-22.
Jean Memtt
Public Information Director
Date:
REVIEWED BY:
APPROVED 'BY:
S~eve Camell
Purchasing Director
Support Services Administrator
Date: ~ -" '''') "-'
t ) -~' .C~
Date:
No. , .... ':" ~; j
MAR 2 8 2000 I
MARKETING LICENSE AGREEMENT
This license agreement made by and between General Growth Management, Inc. manaqing owner for Coastland
Center. L.P., owner of Coastland Center hereinafter called "Licensor" and Collier County Government hereinafter
called the "Licensee".
Witnesseth
Whereas, the undersigned licensee is in the business of government and desires to use the facilities of the r~all
described herein;
BASIC TERMS: The following terms shall have the following meanings through this agreement
1. Licensor: General Growth Management, Inc.
2. Address of Licensor: 110 North Wacker Drive, Chicago, IL 60606
3. Phone Number of Licensor: (312) 960-5000
4. Additional Insured Name: Coastland Center, L.P.; General Growth Management, Inc.; GGP Limited
Partnership; General Growth Properties, Inc.
5_ Licensee Contact Name: Deborah Wight
6_. Address of Licensee: 3301 E Tamiami Trail, Admin Bldg F, First Floor, Naples, Fi 34112
7_ Phone Number of Licensee: (941) 774-8308 / 774-8588 fax
8. Term: This License shall commence on April 17, 2000 at 8 am and terminate on April 22, 2000 at 10 pm
9. Premises: Coastland Center, 1900 N Tamiami Trail, Naples, FL 34102 (941) 262-7100
In JCPenney Court (near The Gap).
10. Fee Paid to Licensor: N/A
Fee Paid to Licensee: N/A
11. Licensor Advertising: N/A
Licensee Advertising: Press Release, flyers for Customer Service and Retailers
12. Type of Activity and Purpose: National Government Week exhibit during all mall hours
13. Deposit Paid to Licensor: N/A
Deposit Paid to Licensee: N/A
14. Additional Obligations of Licensor: Provide skirted tables, chairs and electric as needed.
Additional Obligations of Licensee: N/A
Now, therefore, in consideration of the mutual covenants contained herein, it is agreed between the
undersigned as follows:
A. FEES: M,.-'st bo rc",.,s~ivcd 30 d2ys in 2d';cncc cf o';ont. A!! focs taus: bc i,", tho form cf = ccshicr's chock.
B. PERMITTED USE: The premises herein shall be used solely for the non-exclusive purpose.of as mentioned
above in #12 and for no other purposes whatsoever. All set-up is to be done during non-business hours of the
mall. Set-up will be allowed after mall hours on the day prior to the show. Take down is to occur on the last day of
the. show, after mall hours. In the event mall management has an objection to an exhibit on the basis of
merchandise, sales techniques or other valid reason, mall management will notify Licensee of its specific objection
and Licensee will approach the exhibitor and take all necessary and proper steps to make the exhibit acceptable
to Licensor.
C. CONSTRUCTION: Licensee has inspected the above named premises and accepts the same "as Lo" without
any responsibility of Licensor to remodel or redecorate before and/or during Licensee's occupancy and without
recourse to Licensor or the fee owner or ground lessor.of the property. All work shall be at the sole cost and
expense of Licensee and shall be first approved by Licensor in writing. Mall benches and planters shall not be
moved by licensee or be used as part of the show.
D. OBLIGATIONS OF LICENSEE:
· Licensee agrees to take good care of said premises, to permit no waste and suffer no injury to be done to the
same, and to return possession of the said premises to the Licensor at the expiration of this Agreement, in as
good condition as at the commencement thereof.
· Licensee further agrees that it shall be responsible and liable for all goods or materials of any kind brought '
onto shopping center property and Licensor and the owner of the shopping center shall not be liable for any
lost, stolen or damaged goods or materials of any kind.
· Licensee agrees to provideat Licensee's cost any security day or night that is required apart from the standard
security that is provided for the mall premises by the Licensor at Licensor's cost. If Licensor provides
security, Licensee shall be responsible for paying for any security officers needed. Licensee shall obtain
Licensor approval prior to event.
· Licensee is responsible for any taxes and permits.
· Licensee agrees to the following set up guidelines:
-All electrical hook ups must be approved by mall management.
-The fire 'lane between booths and stores/kiosks must meet mall codes.
-All fire code regulations set up by the Licensor must be followed.
· Licensee agrees to the following:
-All exhibitors to have uniform displays and tables.
-All exhibits will not exceed the mall code on height restrictions.
-To provide a complete list of exhibitors and floor plan 14 days before the event.
-To provide an on-site coordinator responsible for set-up and tear down of the eVent.
E. ASSIGNMENT PROHIBITED: The Licensee shall not assign nor sublet any portion of the premises without
Licensor's approval. Any assignment or sublease shall not relieve the Licensee from its liability for payment of rent
hereunder or from any of its obligations hereunder and, in the event of any such assignment or sublease and the
consent of Licensor thereto, the Licensee shall continue liable hereunder as if no such assignment or sublease
had been made.
G. TERMINATION RIGHTS. READ CAREFULLY: Licensor reserves the absolute right to cancel the event at
anytime by giving 30 days written notice to Licensee. In the event of cancellation, Licensee and its exhibitors shall
have no claim against Licensor or the Mall. Licensor can cancel the show after the event has commenced in the
event; a) Licensee commits a serious violation of Licensor's rules and restrictions; b) damage or destruction to the
Mall which render the common areas unusable or uninhabitable; or c) Acts of God which render the common
areas of the Mall unusable or uninhabitable.
H. LIQUIDATED DAMAGES. READ CAREFULLY: Licensee acknowledges that the failure to perform its
obligations under this License will result in damages to. Licensor and the shopping center which are substantial but
not easily quantified. In the event that Licensee breaches this License Agreement, Licensee agrees to pay
Licensor as liquidated damages, and not a penalty, t. he-.te.t~k~,me~ equc! tc f',~y percent. ~/~n°/-~,~J ,-,~, +~,~,, ,~ ~,~,~,~ and
100% of the Licensor:s contribution toward advertising.
I. INSURANCE: Licensee agrees prior to entering onto the demised premises to furnish to Licensor a certificate
of insurance evidencing Commercial General Liability Insurance on an occurrence basis with minimum limits of
One Million Dollars ($1,000,000) per occurrence and Three Million Dollars ($3,000,000) aggregate (Five Million
Dollars ($5,000,000) in California and New York). Said insurance to be issued by a company with a general policy
holder's rating of not less than A+ and a financial rating of not less than Class VI as rated in the most current
"Best's Insurance Reports", and licensed to do business where the Shopping Center is located and authorized to
issue such policy. Said certificate shall contain an endorsement naming the owner of the center and General
Growth Management, Inc., and their affiliates as additional insureds, and shall also provide that in case of
cancellation or termination of said insurance policy, Licensor shall first be given a thirty (30) day written notice by
said insurance company. This license is of no force or effect until Licensor receives a copy of said certificate of
insurance.
J. RIGHTS CUMULATIVE: The rights and remedies herein created are cumulative and the use of one remedy
shall not be taken to exclude or waive the right to the use of another. The acceptance of rent, hereunder, after i~c
falls due, whether in a single instance or repeatedly or one or more waivers of any covenants, conditions or
agreements herein contained shall not be construed as a waiver of a further breach of the same covenant or
condition or agreement.
K. NOTICES: Except for relocation, all notices required under this License shall be in writing and sent by
registered or certified mail to the Licensor's address or to the Licensee's address.
L. ATTORNEY FEES AND COSTS: To the ,qreatest extent allowed by law the Licensee shall pay all costs and
attorney's fees incurred by the Licensor in enforcing the provisions of this License.
M. ENTIRE AGREEMENT: This License contains the entire agreement between the parties hereto, at the time of
commencement of this License, The parties hereto agree that the execution of this License has not been induced
by any promises or understanding or representation not expressed herein and that there are no collateral
agreements between them dealing with the subject matter of this instrument.
N. INDEPENDENT CONTRACTOR CLAUSE: The relationship of Licensee to Licensor is that of an independent
contractor, and all personnel engaged by Licensee shall be employees of Licensee and not employees of Licensor
notwithstanding the Licensor's right to request that any involved individuals immediately leave said premises and
nothing herein contained shall be construed or implied as creating the relationship of principal and agent,
partnership, joint venture or any other relationship between the parties except as set forth in this paragraph.
O. COMPLIANCE WITH LAWS: The Licensee agrees in the performance of this contract to observe and comply
with all applicable federal, state and local rules, regulations and laws, including, but not limited to, the Occupational
Safety and Health Act of 1970, and further agrees to observe and cSrnply with all Rules and Regulations of said
Shopping Center, and to indemnify and hold Licensor harmless from and against any claims for failure to comply
with this provision.
P. DELIVERY: This Agreement shall not be effective until a fully executed counterpart is delivered to Licensee
and in no event-shall Licensee occupy the demised premises until this License has been fully executed and
delivered to both Licensor and Licensee.
Q. COUNTERPARTS: Licensor' and Licensee acknowledge that this Agreement has been or may be executed in
several counterparts, each of which shall be deemed an original and all such counterparts shall together constitute
one and the same instrument.
R. ADDITIONAL PROVISIONS: Licensor and Licensee acknowledge and agree that if an Addendum, Rider or
Exhibit is attached hereto by Licensor and the same is signed by the parties hereto, then the same shall be
deemed incorporated herein by reference, provided, however, that if such Addendum, Rider or Exhibit is attache
hereto by the Licensee then the printed provisions of this License Agreement shall be deemed paramount and
superior to any such Addendum, Rider or Exhibit and such Addendum, Rider or Exhibit shall be deemed void and
of no force and effect.
LICENSEE:
Board of County Commisioners
Collier County, Florida
BY:
Chairman
Date:
Attest:
Dwight E. Brock, Clerk
By:
As to Chairman's Signature only
Dated:
(SEAL)
LICENSOR:
GENERAL GROVVTH MANAGEMENT, INC.
BY:
TITLE:
Mark Gianquitti
Marketinq Director
DATE:
Approved as to form and
legal sufficiency:
Melissa A. Vasquez
Assistant County Attorney
NAR 2 8 2000
10.
11.
RULES AND REGULATIONS
FOR COASTLAND CENTER COMMUNITY EXHIBITORS
Every user of the Center will conduct themselves in an orderly fashion and with due respect for the property and other
rights of others. Any person who breaches this rule, and endangers the welfare of other persons or property in the
Center, or interferes with the primary use of Coastland Center, will be directed and agrees as a condition of use, to
leave the Center at once.
Posted signs shall be allowed only at exhibit areas, as specifically approved by Grantor. No nails, screw-in hooks, or
thumbtacks are permitted on any Center surfaces. No other signs, banners, placards, displays, devices, or decorations
may be used unless specifically authorized by Grantor. Absolutely no signs are permitted to be attached to Coastland
Center exterior or interior premises such as walls, rails, columns, etc. Signs must be attached to an exhibit, in sign
holders, or on easels. Signs must be professionally printed. No handwritten signs permitted. Size of signs to be
approved by Grantor (normal maximum size 22" x 28"), based on probable effect of sign content on the Center's
primary purpose.
No decorations will be authorized unless they are strictly temporary, easily removed, and in keeping with the decor of
the Center. No display, visual aid, or other device having movable parts that might expose the public to some danger
will be approved. No balloons will be allowed in the Center.
No person shall block, obstruct, or interfere with pedestrian traffic, the ingress and egress to and from businesses, or
the visibility of windows or other displays of businesses located in the Center. There must be 10 feet between exhibitor
and storefront. No person shall obstruct the free flow of pedestrian or vehicular traffic in the Center, parking lot or
sidewalk.
Unloading for exhibit set-up purposes will take place at designated entrances approved by Grantor. All unloading and
loading must be accomplished as rapidly as possible and the curb left clear. All set-ups must comply with all state and
county code regulations and are subject to the Fire Marshall's approval, Exhibitor's vehicles shall not park in loading
zones next to the curb prior to 9:15 p.m. and all handicapped ramps must be kept clear of parked vehicles. Exhibitors
must not park in fire lanes next to the curb at any time. No vehicles will be allowed to park and unload in front of
Center entrance doors (on brick). Cargo doors will not be opened until Security Watch Supervisor has determined that
it is safe to do so~
Set-up of the Show will be allowed only after the Center closes on the evening before the Show starts. No exhibitor will
be allowed to set-up the morning of the Show without prior written approval from Grantor. Exhibitors not prepared to
conduct business by 9:30 a.m. the day of the Show will forfeit their participation.
Exhibitors will not permit any rubbish or refuse emanating from the Premises to accumulate in the mall concourse area.
No storage cartons or cardboard boxes are to be in view. Trash shall be disposed in the trash compactors located on
the attached map.
Exhibitors will not be permitted to play any musical instrument, radio, television, or use a microphone or loud
speaker in the premises without prior written approval from Grantor. The use of a television in conjunction with a
VCR will be allowed where this equipment is necessary for the presentation of product and/or service information
only. The audio level shall be set so as not to interfere with adjacent exhibits and businesses nor to be
offensive to shoppers. C'ontent must be approved by Grantor.
Exhibitors shall secure and be responsible for display at the close of business. Grantor assumes no liability for
merchandise, display, or possessions.
Take down will be allowed only after the Center closes on the last day of the show.
The use of extension cords shall be kept to a minimum. If used, extension cords, shall be heavy-duty type (1413
AWG minimum, typically orange), no longer than 12 feet in length. No cords will be allowed in the path of
pedestrian traffic. No clear, packaging-tape (Scotch variety) or duct tape (any variety) will be allowed. Extension
cords, tape, rubber mats will NOT be provided by the Center. Exhibitor shall make a special attempt to have all
cords covered completely by the display by insuring that all cords are covered by the exhibit itself. No
uncovered cords will be allowed.
Exhibitors and/or agents thereof shall display only those items that have been previously approved
reserves the right to request removal of any non-conforming items. All shows must start on time.
distribute any adhesive backed specialty materials,
LGrantor. Grantor
!x h i. _l~BEal~J,l a l~"r~
13.
14.
15.
16.
17.
18.
All exhibits and items shall be in good taste, of high quality and shall be provided and continuously maintained by the
exhibitors or their agents in a manner acceptable to Grantor. Height of any exhibit shall be subject to the approval by '
Grantor not to exceed 7 feet in height. Exhibits shall be arranged so as not to obstruct the walkway or view
from one merchant's store or another, or otherwise placed in an unfavorable position. Grantor reserves the right to
move or remove any non-conforming exhibits. The backs of all exhibits must maintain a finished appearance.
NC) materials or items that may be considered pornographic, sexually explicit, religiously or politically motivated, or
violent in nature will be allowed on Center property. Any exhibitor displaying such materials may be requested to
discontinue its participation in the Show and to remove its exhibit, items and materials from the Center at any time
during the Show.
No combustible goods, merchandise, or decorations shall be displayed or stored in any manner unless approved by'
Collier County Fire Marshall's Bureau. Highly flammable materials such as cotton batting, straw, dry vines, leaves,
trees, "Tyvek" paper, and foam plastic materials shall not be used for decorative purposes unless they are first
rendered flame resistant. The use of compressed gas tanks is strictly prohibited·
An unobstructed exit access shall be maintained on each side of the Center floor area of not less than 10 feet in clear
width, parallel and adjacent to storefronts, temporary tenants and floor directories. Such exit access shall lead directly
to an exit door and provide unobstructed exit access from each tenant store. Also, all cross aisles throughout the
Center shall remain clear and unobstructed at all times. An approved floor plan for use during exhibits is available
upon execution of the Agreement. Final approval rests with the Fire Prevention Bureau for all exhibits and
demonstrations.
· Hand carts, dollies, or fiat beds are not provided by the Center for set-up and takedown of events. Said items used
must be equipped with rubber wheels. Any carts with steel wheels will be prohibited.
No alcoholic beverages will be consumed on mall property at any time pdor to, during or after a Show, unless
restaurant or food courts customers.
I have reviewed the preceding and agree to adhere to all the conditions listed:
Exhibitor Signature Date
General Growth Properties, Inc.
Date
2
EXECUTIVE SUMMARY
A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL
ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE
SATISFIED IN FULL FOR THE 1992 SOLID WASTE COLLECTION AND DISPOSAL
SERVICES SPECIAL ASSESSMENTS
OBJECTIVE: That the Board of Countv Commissioners adopt a Resolution approving
the Satisfaction of Liens for certain residential accounts where the County has
received payment in full for the 1992 Solid Waste Collection and Disposal Services
Special Assessments.
CONSIDERATIONS: Resolution NO. 94-668 adopted by the Board on September 13,
1994 provided for the recording of the list of 1992 delinquent solid waste collection
and disposal services special assessments and a mailing of a written notice of the
imposition of each residential unit lien. Resolution No. 94-668 was recorded on
September 19, 1994 in Official Record Book 1986, Pages 766 through 942 of the
Official Records of Collier County, Florida, which placed a lien on certain residential
properties for the 1992 Solid Waste Collection and Disposal Services Special
Assessments.
Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens
shall be approved by ReSolution Of the Board of County Commissioners.
The attached Resolution lists the 22 accounts that have been paid in full for the
1992 Solid waste Collection and Disposal Services Special Assessment Liens.
FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Liens and the
Resolution is approximatelV $142.50 which is to be charged to Account No.
$10-102030-649030.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners adopt the attached
Resolution approving the 22 Satisfaction of Liens on the accounts listed in the
Resolution and authorizing the Chairman to sign the 22 Satisfaction of Liens for the
1992 Solid Was.re Collection and Disposal Services Special Assessment Lien.
Prepared By.:
Pam Callis, Revenue Supervisor
Department of Reuenue
Prepared by: ' Date:
. Teresa A. Riese~n, Revenue Manager
'~e Pa rtr~'e' nt~ c~f Re~enu e
JOh~ A. YO~.~V, Direct~
De~m e~ of, Reruns'
Approved bY: -~',- .:: ~ ./L ~ ~ - / ' Date:
Leo Ochs, Jr., Administrator
Support Services Division
1'4AR 2 8 2000
1
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3
4
5
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lO
RESOLUTION NO. 2000 -
A RESOLUTION APPROVING SATISFACTION OF LIENS
FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL TIlE
1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES
SPECIAL ASSESSMENTS
il WHEREAS, pursuant to Collier County Ordinance NO. 90-30, as amended, the
t2 Board of County Commissioners on September 19, 1994 adopted Resolution No.
]3 94-668 authorizing the recording of notices of liens for the delinquent solid waste
~4 collection and disposal services special assessments for 1992; and
15 WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board
]6 to approve by Resolution and record in the Official Records a Satisfaction of Lien on
]? all accounts that have been paid in full.
ts NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
19 COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance NO. 90-30, as
20 amended, the Board recognizes full payment and receipt of the 1992 service Year
21 Solid Waste Collection and Disposal Special Assessment for the following accounts
22 numbered below, subsequent to the adoption of Resolution NO. 94-668, whereupon
23 a lien had been recorded on real property pertaining to the .accounts identified
24 herein. The Satisfactions of Lien attached hereto referencing the accounts
25 identified herein are hereby approved and the Chairman is hereby authorized to
26 sign on behalf of the Board of County Commissioners, and the Clerk is directed to
27 record this Resolution and these Satisfactions of Lien individually in the official
28 records of Collier County:
29
3o Account NO. 1601
]~ Account No. 1753
32 Account NO. 26259
33 Account NO. 38409
34 Account No. 51800
35 Account NO. 76157
36 Account NO. 89704
37 ACCOUnt NO. 122357
38 Account NO. 134701
39 Account NO. 140009
40 AcCount NO. 150002
41 Account No. 44503
42 Account NO. 5351
43 Account No. 6253
44 ACCOunt No. 63102
45 Account NO. 67454
46 Account No. 70454
47 ACcount NO. 77402
48 ACCOUnt NO. 118701
49 Account No. 56355
Jo Account No. 12506
~[ Account No. 23003
52
53
55
2 8 2000
This Resolution adopted this
second and majority vote.
ATTEST:
DWIGHT E. BROCK, CLERK
6
7
8
9
10
I1
]2 Approved as to form and
]3 legal sufficiency:
16~'' DavidC.
1~/' County Attorney
day of
,2000 after motion,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
TIMOTHY J. CONSTANTINE, CHAIRMAI~
EXECUTIVE SUMMARY
A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL
ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND LIENS ARE SATISFIED IN
FULL FOR THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL
ASSESSMENTS
OBJECTIVE: A Resolution approving the satisfaction of liens for certain residential accounts wherein the County
has received payment and liens are satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special
Assessments.
CONSIDERATION: Resolution No. 93-29 adopted by the Board on January 26, 1993 provided for the recording of
the list of 1994 delinquent solid waste collection and disposal services special assessments and a mailing of a written
notice of the imposition of each residential unit lien. Resolution No. 93-29 was recorded on February 1, 1993 in
Official Record Book 1793, pages 459 through 598 of the Official Records of Collier County, Florida, which placed a
lien on certain residential properties for the 1994 Solid Waste Collection and Disposal Services Special Assessments.
Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution
of the Board of County Commissioners.
The attached resolution list the 42 accounts that have paid in full for the 1994 Solid Waste Collection and Disposal
Services Special Assessment Liens.
FISCAL IMPACT: Recording the satisfactions of liens and resolution is approximately $262.50 and will be charged
to Department of Revenue - Special Assessments Fund.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to execute the attached
Resolution approving the 42 Satisfaction of Liens for tine 1994 Solid Waste Collection and Disposal Services Special
Assessments and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida.
SUBMITTED BY: kx~.~..,.. -, 7.. ..~ , Date: ,
Pam Callis, Revenue Supervisor
Department of Revenue
REVIEWED BY'
Teresa A. Riesen, Revenue Manager
DEpartment of Revenue--
REVIEWED
John, A. Yonkosky,'XDirect0r
DepaXrkment of Revenue
LPPROVED BY:
Leo Ochs, Jr., Administrator
Support Services Division
Date:
no. /:: ,'.5 '
MAR 2 8 2000
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.47
RESOLUTION NO. 2000-
A RESOLUTION APPROVING SATISFACTION OF LIENS
FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE
1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES
SPECIAL ASSESSMENTS.
WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board
of County Commissioners on August 22, 1995 adopted Resolution No. 95-475 authorizing
the recording of notices of liens for the delinquent solid waste collection and disposal
services special assessments for 1994; and
WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to
approve by Resolution and record in the Official Records a Satisfaction of Lien on all
accounts that have been paid in full.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
-COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County
Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the
1994 Service Year Solid Waste Collection and Disposal Special Assessment for the
following accounts numbered below, subsequent to the adoption of Resolution No. 95-475,
whereupon a lien had been recorded on real property pertaining to the accounts identified
herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein
are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board
of County Commissioners, and the Clerk is directed to record this Resolution and these
Satisfactions of Lien individually in the official records of Collier County:
Account No. 26
Account No. 314
Account No. 961
Account No. 1106
Account No. 1753
Account No. 2901
Account No. 4336
Account No. 4608
Account No. 5157
Account No. 5571
Account No. 5869
Account No. 6318
Account No. 7469
Account No. 8497
Account No. 9137
Account No. 10168
Account No. 11594
Account No. 11840
Account No. 12658
Account No. 12771
Account No. 13204
Account No. 13835
HAR 2 8 2000
· pg. .._!,;:~-::- __ -
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Account No. 14601
Account No. 16214
Account No. 16832
Account No. 17077
Account No. 17323
Account No. 19363
Account No. 19376
Account No. 19392
Account No. 19402
Account No. 20132
Account No. 20190
Account No. 20938
Account No. 21047
Account No. 22240
Account No. 22415
Account No. 24769
Account No. 25014
Account No. 25247
Account No. 26903
Account No. 9328
This Resolution adopted this__
second and majority vote.
ATTEST:
DWIGHT E. BROCK, CLERK
Approved as to form and
legal sufficiency:
day of
, 2000 after motion,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
TIMOTHY J. CONSTANTINE, CHAIRMAN
MAR 2 8 2000
pg. __-~
EXECUTIVE SUMMARY
A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL
ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE
SATISFIED IN FULL FOR THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES
SPECIAL ASSESSMENTS
OBJECTIVE: That the Board of County Commissioners adopt a Resolution approving the
Satisfaction of Liens for certain residential accounts where the County has received payment in
full for the 1991 Solid Waste Collection and Disposal Services Special Assessments.
CONSIDERATIONS: Resolution No. 93-29 adopted by the Board on January 26, 1993 provided
for the recording of the list of 1991 delinquent solid waste collection and disposal services special
assessments and a mailing of a written notice of the imposition of each residential unit lien.
Resolution No. 93-29 was recorded on February 1, 1993 in Official Record Book 1793, Pages 459
through 598 of the Official Records of Collier County, Florida, which placed a lien on certain
residential properties for the 1991 Solid Waste Collection and Disposal Services Special
Assessments.
Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be
approved by Resolution of the Board of County Commissioners.
The attached Resolution lists the 5 accounts that have paid in full for the 1991 Solid Waste
Collection and Disposal Services Special Assessment Liens.
FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Liens and the Resolution is
approximately $36.00 which is to be charged to Account No. 510-102030-649030.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That that Board of County Commissioners adopt the attached Resolution
approving the 5 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the
Chairman to sign these Satisfaction of Liens for the 1991 Solid Waste Collection and Disposal
Services Special Assessment Liens.
Prepared Dy ~'~,r._X~,~.
Pam Callis, Revenue Supervisor
Department of Revenue
Reviewed by: ~:-
Teresa A. Riesen, Revenue Manager
Department o~J:~evenue
Reviewed
~l~hn A. Yo~k~sky, Dire. e.e.e~r
D~artment of Reveri~e
' Approved by: ¥--~k~,.~'~, '"-.(L.~.. /
Leo i::)chs, Jr., Adrnir}i'strator
Support Services Division
Date:
MAR 2 8 2000
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RESOLUTION NO. 2000 -
A RESOLUTION APPROVING SATISFACTION OF LIENS
FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL
THE 1991 SOLID WASTE COLLECTION AND DISPOSAL
SERVICES SPECIAL ASSESSMENTS
WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board
of County Commissioners on January 26, 1993 adopted Resolution No. 93-29 authorizing
the recording of notices of liens for the delinquent solid waste collection and disposal
services special assessments for 1991; and
WHEREAS, Resolution No. 93-29, was recorded on February 1, 1993 in Official
Record Book 1793, Pages 459 through 598 of the Official Records of Collier County,
Florida, which placed a lien on certain properties for the delinquent solid waste collection
and disposal services special assessments for 1991; and
WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to
approve by Resolution and record in the Official Records a Satisfaction of Liens on all
accounts that have been paid in full.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County
Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the
1991 Service Year Solid Waste Collection and Disposal Special Assessments for the
following accounts numbered below, subsequent to the adoption of Resolution No. 93-29,
whereupon a lien had been recorded on real property pertaining to the accounts identified
herein. The Satisfactions of Lien attached hereto referencing the accounts identified
herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the
Board of County Commissioners, and the Clerk is directed to record this Resolution and
these Satisfactions of Lien individually in the official records of Collier County:
Account No. 033556
Account No. 037358
Account No. 038153
Account No. 045052
Account No. 076157
This Resolution adopted this __
second and majority vote
ATTEST:
DWIGHT E. BROCK, CLERK
43
44 Approved as to form and
45 legal sufficiency:
46 ~
48¢ igel
49 County Attorney
day of ,2000 after motion,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
TIMOTHY J. CONSTANTINE, CHAIRMAN
MAR 2 8 200O
APPROVAL OF BUDGET AMENDMENTS
BCC Agenda of March 28, 2000
Wastewater Impact Fees (Fund 413)
Budget Amendment #00-168
Operating Expenses $30,000
Capital (30,000)
Total: -0-
Explanation: Funds are needed to pay additional consultant fees in accordance with Amendment 8 to
the Professional Services Agreement with Hole, Montes & Associates regarding improvements to the
South County Water Reclamation Facility.
Facilities Management Countywide CIP (Fund 301)
Budget Amendment #00-172
Operating Expenses $5,500
Reserves
Reserve for Contingencies (5,500)
Total: -0-
Explanation: Funds are needed to increase a purchase order originally issued for $26,500 to $32,000
for work authorized by the Board February 4, 1997, for US 41 East landscaping. Work has been
completed.
MSTD Road District 5 (Fund 106)
Budget Amendment #00-179
Operating Expenses $7,000
Reserves
Reserve for Contingencies (7,000)
Total: -0-
Explanation: Funds are needed to pa5, lbr increased water and sewer charges for trash pick-up ill
additional areas.
AGENDA ITEM
No Z~
Pg..__ _/ .....
Gas Tax Reserves (Fund 313)
Budget Amendment #00-180
Operating Expenses $9,690
Reserves
Reserve for Capital Outlay (9,690)
Total: -0~
Explanation: Funds are needed to reimburse transportation for expenses paid from the project budget
for an emergency repair to traffic signals and street lights. The cable to both of these items had been
cut.
AGEND,* ITEM
RESOLUTION NO. 00~
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS SUPPORTING THE CANDIDACY AND
ELECTION OF COMMISSIONER RUDY MALOY TO THE
POSITION OF NACo SECOND VICE PRESIDENT
WHEREAS, the National Association of Counties (NACo) serves counties by assisting
and improving county government through education and the sharing of information, and by
acting as a liaison with other levels of government, speaking nationally on behalf of counties,
and advancing public understanding of the role of counties; and
WHEREAS, Commissioner Rudy Maloy serves on numerous NACo boards and
committees, including the Board of Directors; the Community and Economic Development
Steering Committee; the Finance Committee, and Vice Chair of the Membership committee; and
WHEREAS, Commissioner Maloy also represents NACo and County interests by serving
as Immediate Past President for the Florida Association of Counties, and serving as a member of
a number of committees and boards, including the FAC Finance Committee; the Metropolitan
Planning Organization, and the Metropolitan Planning Organization Advisory council; and
WHEREAS, Commissioner Maloy has distinguished himself by developing exceptional
expertise in the areas of transportation and economic development; and
WHEREAS, the election of Commissioner Maloy to the position of Second Vice
President of NACo would greatly benefit all Florida counties and their residents, in particular,
Leon County; and
WHEREAS, it is extremely important to have representation on a national level through
such a fine organization as NACo as it allows Leon County direct access to Washington, D.C.,
which has proven to be of great benefit to Leon County as well as the entire State of Florida; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
It encourages the candidacy and election of Commissioner Rudy Malloy to the position of
NACo Second Vice President.
BE IT FURTHER RESOLVED that the Board further offers Commissioner Malloy its
support and best wishes for success in his campaign for the office of Second Vice President of
NACo.
This Resolution adopted this 28th day of March, ., 2000, after motion,
second and majority vote.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: By:
TIMOTHY J. CONSTANTINE, CHAIRMAN
Approved as to form and legal sufficiency:
David C. Weigel, County Attorney
r---A~,ENDA ITEM
/
EXECUTIVE SUMMARY
APPROPRIATE REVENUE FROM DONATED MONEYS FOR PURCHASE OF
AUTOMATIC EXTERNAL DEFIBRILLATORS TO BE PLACED IN HIGH RISK
LOCATIONS IN COLLIER COUNTY.
OBJECTIVE: For the Board of County Commissioners to approve the budget
amendment to appropriate a contribution for purchase of Automatic External
Defibrillators.
CONSIDERATION: The Barron Collier Junior Foundation has donated $15,000 to the
Collier County EMS Department for purpose of purchasing Automatic External
Defibrillators (AED) which will be placed in high risk locations. There is also an
additional amount of $280 of donated money, from the private sector for use towards
purchase of AEDs.
FISCAL IMPACT: $15,280 of donated funds will be recognized an appropriated in the
EMS Fund (490).
GROWTH MANAGEMENT IMPACT: Not applicable
RECOMMENDATION: That the Board of County Commissioners approves the budget
amendment to appropriate the donated moneys for the purchase of Automatic External
Defibrillators for high-risk and not-for-profit organizations in Collier County.
SUBMITTED BY: Date:
medi~ai'
Captain Noemi Fra~la, Emergency Services Department
Chief Diane B. Flagg,~l~mergency Medical Servic~ Department
APPROVED BY: ~i~~~ Date: ~3~ [~ ''~
EXECUTIVE SUMMARY
APPROVAL OF AN AGREEMENT BETWEEN THE STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY, FLORIDA
TO ACCEPT STATE AND LOCAL ASSISTANCE (SLA) FUNDING FOR LOCAL
EMERGENCY MANAGEMENT
OBJECTIVE: That the Board of County Commissioners approve Agreement
#00EM-D3-09-21-01-011 between the State of Florida Department of Community Affairs
and Collier County providing for State and Local Assistance funding for Fiscal Year 2000,
adopt a Resolution indicating Board approval of the Agreement, authorizing the Chairman
to accept and execute the Agreement with all understandings and assurances contained
therein, and to act in connection with the Agreement. That the Board of County
Commissioners approve the attached Budget Amendment increasing funds available to the
Emergency Management Department for disaster preparedness related activities.
CONSIDERATION: In past years, the Board of County commissioners participated
with the Department of Community Affairs by accepting State and Local Assistance
funding to partially offset costs for maintaining a comprehensive emergency management
program in Collier County. The proposed amount of State funding for FY 2000 is
$38,461, which is to be matched by Collier County. The amount of $38,000 was initially
included as revenue in the Emergency Management Administrative budget.
FISCAL IMPACT: Increase in revenues of $461. in the Emergency Management
Administrative Budget.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners approve the
Agreement for State and Local Assistance for FY 2000 with the State of Florida
Department of Community Affairs, adopt the Resolution authorizing the execution and
acceptance of said Agreement, and approve the necessary Budget Amendment that
increases the Emergency Management operating budget by $461.
SUBMITTED ~o.~ Date:
'Kxe_o_o~h F. Pineau, Emergency Managerrf~nt Director
APPROVED BY:
' Date:
Michael A. McNees, Acting Emergency Services
AGENDA ITEM
~dm~mgtrator
MAR 2 8 2000
AGREEMENT #00EM-D3-09-21-01-011
AGREEMENT
BETWEEN THE STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
Collier County
This Agreement entered into by and between the Department of Community Affairs
(Grantee) and Collier County (Subgrantee), shall govern certain emergency management-related
activities to be financed by the Grantee.
THEREFORE, in consideration of the mutual promises and covenants herein contained,
the parties agree as follows:
I. TERMS OF AGREEMENT
A. This Agreement shall begin on October 1, 1999 and shall continue in full force and
effect to,. and including, September 30, 2000.
B. The Grantee agrees to allocate to the Subgrantee the maximum sum of $38,461 which
the Subgrantee will match with $38,461 to initiate the successful completion of the
activities/projects in the approved five year strategic plan submitted by this Subgrantee and
which are applicable to the period of performance of this contract.
C. It is agreed that hability of the Grantee under tkis Agreement shall not exceed the total
funds received and allocated by the Grantee for this Agreement.
D. The Grantee or Subgrantee may terminate this Agreement for breach of contract, or in
the event of non-availability of funds, with such notice as is reasonable under the circumstances.
The State of Florida's performance and obhgation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature and subject to any modification in accordance
with Chapte} 216, Florida Statutes. Either party may terminate this Agreement without cause by
giving thirty (30) days written notice to the other party.
E. The Subgrantee, in performing the requirements of this Agreement, shall comply with
all applicable laws, rules, regulations, ordinances and codes of the federal, state and local
governments. The payment of funding provided by this Agreement is contingent upon
compliance with all applicable laws, rules, regulations, ordinances and codes of the federal, state
and local governments. Non-compliance may result in the withholding of funds and the
suspension and termination of this Agreement. ' AGENDA ITEM'
No, ~ qo/'~ ,,-,.
n
fl. REQUIREMENTS AND ASSURANCES
A, General Provisions. The Subgrantee hereby assures and certifies that it will comply
with all applicable regulations, policies, guidelines and requirements, including 44 CFR (Code of
Federal Regulations) Part 13 ("Common Rule") and the Statement of Assurances included as
Attachment A to this Agreement, 44 CFR Part 302, and Office of Management and Budget
(OMB) Circulars A-87 and A-133 as they relate to application, acceptance and use of federal
funds under this Agreement. Subgrantee also certifies it shall comply with chapter 252, F.S., Rule
Chapters 9G-6, 9G-7, 9G-11, and 9G-19, F.A_C., as a condition of the receipt and acceptance of
funds under this Agreement.
B. Lobbying.
1. The Subgrantee certifies, by signing this Agreement, that to the best of his or her
knowledge and belief; no federally appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for influencing or attempting to influence an officer or
~mployee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any federal contract, the
making of any federal grant, the making of any federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment or modification of any federal
contract, grant, Ioan or cooperative agreement.
2. Pursuant to Section 216.347, Florida Statutes, the Subgrantee agrees that no funds
bom this Agreement will be expended for the purpose of lobbying the Legislature or a state
agency.
C. Scope of Work. The Subgrantee will comply with the approved "Five Year Strategic
Plan", hereinat~er referred to as the "Strategic Plan", submitted by the county describing the
activities/projects to be accomplished this year under this. Such approved Strategic Plan is on
file for Subgrantee and has been previously routed for approval with the Subgrantee's Emergency
Management Preparedness and Assistance (EMPA) Base Grant. At a minimum, Subgrantee shall
complete ~ose tasks identifiedin its Strategic Plan to be-performed during the period of this
Agreement. '"Failure to timely complete tasks identified in the Strategic Plan may constitute
grounds for withholding funds and suspension and termination of this Agreement.
D. Compensation and Financial Reporting Requirements.
1. The Subgrantee shall use the funds available under this Agreement to enhance
emergency management plans and programs that are consistent with the State Comprehensive
Emergency Management Plan. OMB Circular A-87 should be used to provide guidance
concerning allowable and unallowable expenditures. The Subgrante, maYAr~i~/~U~EM
No. ~;,'
2
reimbursement of all eligible expenditures incurred during each quarter for'costs incurred in the
satisfactory performance of work hereunder in an amount not to exceed the total allocation shown
in Paragraph I.B. Of/his Agreement.
2. Expenditure Reports/Reimbursement Requests must be submitted to the Grantee on a
quarterly basis and are due within thirty (30) days after the end of each quarter. Progress reports
must be submitted to the Grantee on a semiannual basis according to the requirements set forth in
the Subgrantee's EMPA base grant for the same fiscal period. A final Close-out Report is due
within fortyzfive (45) days after the termination of this Agreement. The Subgrantee shall not
receive reimbursement for final expenditures until the final EMPA progress report is received,
previous payments are audited and final approval has been made by the Grantee.
3. Any acquisitions that exceed $5,000 (each item) must have prior written approval from
the Florida Division of Emergency Management (DEM) Director's Office.
E. Fiscal and Program Accountability_. The Subgrantee must establish fiscal control of
subgrant funds and required matching expenditures as required in Federal Emergency
Management Agency (FEMA) regulations and OMB Circulars. The Subgrantee acknowledges
that it has full responsibility for fiscal and programmatic accountability for this subgrant. In the
event the Subgrantee is unable to produce records capable of being audited without
reconstruction by auditors, all funds paid under this Agreement by the Grantee to the Subgrantee
shall be disallowed and subject to repayment. The accounting system established and maintained
by the Subgrantee must have internal controls adequate to safeguard the assets of the Subgrantee,
check the accuracy and reliability of accounting data, promote operating efficiency and ensure
compliance with described management policies of this Agreement.
F. Recording and Doctimentation of Receipts and Expenditures. Accounting procedures
must provide for an accurate and timely recording of receipt of funds by type of expenditures
made from such funds and of unexpended balances. Accounting procedures must be adequate to
ensure that expenditures charged to this subgrant are for allowable purposes and that
documentation is readily available to verify that such charges are accurate. Failure to create and
maintain said.. documentation may result in the disallowance and recovery of funds.
G. Unexpended Funds. Unexpended funds which are reflected on the final Close-out
Report referred to in Paragraph II.D. above will automatically revert to the Grantee, and the
Grantee reserves the right to unilaterally reobligate such funds.
H. Obligation of Grant Funds. Subgrant funds shall not be obligated prior to the effective
date, or subsequent to the termination date, of the subgrant period. Obligations
outstanding as of the termination date shall be liquidated within thirty (30) days. Such obligations
must be related to goods or services provided and utili~ed within the sub rant ~t~DA lq'EM
No. ~,' (.- ?
I. Retention of Records.
1. All original records pertinent to this Agreement shall be retained by the Subgrantee for
three years following the date of termination of this Agreement or of submission of the final
close-out report, whichever is later. However, if any litigation, claim or audit is started before the
expiration of the three-year period and extends beyond the three-year period, the records will be
maintained until all litigation, claims or audit findings involving the records have been resolved.
2. All records, including supporting documentation of all program costs, shall be
su~cient to determine compliance with the requirements and objectives of the Scope of Work
shown in paragraph H.C. and all other applicable laws and regulations.
3. The Subgrantee, its employees or agents, including all subcontractors or consultants to
be paid from funds provided under this Agreement, shall allow access to its public records at
reasonable times to the Grantee, its employees, and agents. "Reasonable" shall be construed
according to the circumstances, but ordinarily shall mean during normal business hours of 8:00
a.m. to 5:00. p.m., local time, on Monday through Friday. "Agents" shall include, but not be
limited to, auditors retained by the Grantee.
J. Audit Requirements. The Subgrantee agrees to maintain financial procedures and
support documents, in accordance with generally accepted accounting principles, to account for
the receipt and expenditure of funds under this Agreement.
1. These records shall be available at all reasonable times for inspection, review, or audit
by state personnel and other personnel duly authorized by the Grantee. "Reasonable" shall be
construed accord~g to circum.stances, but ordinarily shall mean normal business hours of 8:00
a.m. to 5:00 p.m., local time, Monday through Friday.
2. The Subgrantee shall also provide the Grantee with the records, reports or financial statements
upon request for the purposes of auditing and monitoring the funds awarded under this Agreement.
3. _~_~..e Subgrantee shall provide the Grantee. with an annual financial audit report which
meets the requirements of Sections 11.45 and 216.349, Florida Statutes, and Chapter 10.550,
Rules of the Auditor General, and to the extent applicable, the Single Audit Act of 1984, 31
U.S.C. ss. 7501-7507 as amended 1996, OMB Circular A-133 for the purposes of auditing and
monitoring the funds awarded under this Agreement.
4. The annual financial audit report shall include all management letters and the
Subgrantee's response to all findings, including corrective actions to be taken.
No, ~ '~-" ('~ r',2
4
5. The annual financial audit report shall include a schedule of financial assistance
specifically ident/l}qng ali Agreement and grant revenue by sponsoring agency and Agreement
number.
Department of Community Affairs
Office oflmpector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
7. In the event the audit shows that the entire amount of awarded funds, or any portion
thereof, was not spent in accordance with the conditions of this Agreement, the Subgrantee shall
be held liable for reimbursement to the Grantee of all funds not spent in accordance with these
applicable regulations and Agreement provisions within thirty (30) days after the Grantee has
notified the Subgrantee of such non-compliance. The Grantee may offset current awarded funds
to reimburse for previous year non-compliance. If the Subgrantee fails to provide the
reimbursement within 30 (thirty) days, then the Subgrantee authorizes the Grantee to deduct the
amount to be reimbursed from any funds awarded to the Subgrantee but not yet released by the
Grantee.
8. The Subgrantee shall have all audits completed by an independent public accountant
(IPA) who shall be either a certified public accountant or a public accountant licensed under
Chapter 473, Florida Statutes. The IPA shall state that the audit complied with the applicable
provisions noted above.
K. Modification of Agreement. Either party may request modification of the provisions
of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to
writing, duly signed by each of the parties hereto, and attached to the original of this Agreement.
L. Notice and contact:- ·
1. All notices provided under or pursuant to this Agreement shall be set forth in writing
and delivered either by hand delivery, or first class, certified mail, rem receipt requested, to the
representative identified below. Said notification shall be attached to the original of this
Agreement.
5
The Department designates Edgar W. Gonesh, Planning Manager, Division of
No. V.~ ,~:~/?
pg.,
6. The complete financial audit report, including all items specified ia J. 4. and 5. above, is
due on or before April 30, 2001 and shall be sent directly to:
Emergency Management, as the Department's Contract Manager.. All Communications, written
or oral, relating to this Agreement shall be directed to him at the following address:
Department of Community Affairs
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
E-Mail - edgar, gonesh~dca, state.fi.us
3. The signer of this Agreement or his/her designee shall be the County's Contract
Manager. All communications, written or oral, relating to this Agreement shall be directed to
him/her at the following address:
Kenneth F. Pineau, Emergency Management Director
3301 East Tamiami Trail, Harmon Turner Building.
Naples, FL 34112
Telephone #: (941) 774-8444
4. All payments relating to this Agreement shall be mailed to the following address:
Collier County Emergency Management Department
Harmon Turner Building
3301 East Tamiami Trail
Naples, FL 34112
5. In the event that different representatives are designated by either party after
execution of this Agreement, notice of the name, title, address and telephone number of the new
representative will be rendered as provided in paragraphs L.3 and L.4 above.
M. Subcontracts.
1. If the Subgrantee subcontracts any or all of the work required under this Agreement,
the Subgrantee agrees to include in the subcontract language binding the subcontractor to the
terms and conditions of this Agreement with the Grantee.
2. The Subgrantee agrees to include in the subcontract language stating that the
subcontractor shall hold the Grantee and Subgrantee harmless against all claims of whatever
nature which may arise out of the subcontractor's performance of work under this Agreement, to
the extent allowed by law.
2. If the Subgrantee subcontracts, a copy of the executed subcontract must be forwarded
to the Grantee within thirty (30) days after execution.
6
AGENDA ITEM
No. ~.!,'
Pg.,
STANDARD CONDITIONS
A. Bills for fees or other compensation for services or expenses must be submitted in
detail sufficient for a proper pre-audit and post-audit thereof.
B. Bills for any travel expenses must be submitted in accordance with Section 112.061,
Florida Statutes.
C. Units of deliverables, including reports, findings, and drains as specified in Paragraph
It. C. of this Agreement, must be received and accepted by the contract manager prior to paymem.
D. The Grantee may unilaterally cancel. this agreement for refusal by the Subgrantee to
allow public access to all documents, papers, letters or other material subject to the provisions of
Chapter 119, Florida Statutes, and made or received by the Subgrantee in conjunction with this
Agreement. It is expressly understood that substantial evidence of the Subgrantee's refusal to
.comply with this provision shall constitute a breach of contract.
E. The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the
employment provisions comained in 8 U.S.C. Section 1324a(e)[Section 274A(e) of the
Immigration and Nationality Act ("INA")]. The Department shall consider the employment by
any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation
by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be
grounds for unilateral cancellation of this Agreement by the Department.
F. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to prov/de any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair ora public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with a public entity, and may not transact business
with any public entity in excess:of Category Two for a period of 36 months fi-om the date of being
placed on the convicted vendor list.
IV. LEGAL AUTHORIZATION
The Subgrantee certifies with respect to this Agreement that it possesses legal authority to
receive the funds to be provided under this Agreement. The Subgrantee also certifies that the
undersigned possesses the authority to legally execute and bind Subgrantee to the terms of this
Agreement.
- AGENDA (TEM
No,- t ! ,' ~;:' .--: -
The Subgrantee acknowledges that the responsibility for complying with the approved
subgrant award rests with the Subgrantee and acknowledges that failure to do so constitutes grounds
for the recession or suspension of this subgrant and may influence future subgrant awards:
IN WITNESS HEREOF, the Grantee and the Subgrantee have executed this Agreement;
FOR THE SUBGRANTEE:
BOARD oF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FOR THE GRANTEE:
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
BY: BY:
Timothy J. Constantine, Chairman
Board of County Commissioners
Authorized Department Official
Joseph F. Myers / Division Director
Name/Title
Date Date
Federal Employer ID # 59-6000558
Catalog of Federal Domestic Assistance Number and Program
CFDA #83.552 Emergency Management Performance Grant (EMPG) (formerly known as SLA)
ATTEST:
BY:
DWIGHT E. BROCK, CLERK
(Deputy Clerk)
Approved as to Form and Legal Sufficiency
Thomas C. Palmer, Assistant County Attorney
AGENDA ITEM"
No,
Attachment
STATEMENT OF A$S~CE$
To thc extent the following provisions apply to the award of assistance ha this A~eemenr, as
determined by the awarding agency, the Subgrantee hereby assures and certifies that:
(a) It possesses legal authority to enter into this agreement, and to execute the proposed program;
(b) Its goVerning body has duly adopted or passed as an official act a resolution, motion or similar
action author~ng the execution of the disaster relief funding, agreement with the Grantee, including all
understandings and assurances contained therein, and directing and-authorizing the Subgrantee's chief
ADMINISTRATIVE officer or designee to act/n connection with the application and to pro,t/de such
additional information as may be required;
(c) No member of or delegate to the Congress of the United States, and no Resident
Commissioner, shall be admitted to any share or part ofthi~ agreement or to any benefit to arkse from
the same. No member, officer, or employee of the Subgrantee or its designees or agents, no member of
the governing body of the locality tn which the program ks situated, and no other public official of such
locality or localities who exercises any functions or responsibilities, with respect to the pr%re'am during
kis tenure or for one year thereafter, shall have any/nterest direct or indirect, in any contract or
subcontract, or the proceeds thereof, for work to be performed in connection with the program, assisted
under this agreement. The Subgrantee shall incorporate or cause to be incorporated, in all such
contracts or subcontracts a provision prohibiting such interest pursuant to the purpose state above;
' (d) All Subgrantee contracts for wkich the State Legislature is in any part a funding source, shall
contain language to provide for termination with reasonable costs to be paid by the Subgrantee for
eligible contract work completed prior to the date the notice of suspension of funding was received by
the Subgra.utee. Any cost incurred after a notice of suspension or termination is received by the
Subgrantee may not be funded w/th funds provided under th/s Agreement tm/ess prev/ously approved
in writing by the Grantee. ~ Subgrantee contracts shall coniain provisions for term/nation for cause
or convenience and ~qhall provide for the method of payment in such event;
(e) .It wi[t' :.comply with:
(1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq.,
requ/ring that mechanics and laborers (including watchmen and guards) employed on federally
assisted contracts be paid wages of not less than one and one-half times their basic wage rates
for all hours worked in excess of forty hours in a work wee. k; and
(2) Federal Fak Labor Standards Act, 29 UiS.C. Section 201 et seq., requiting that covered
employees be paid at least the minimum prescribed wage, aud also that they be paid one and
one-half times their basic wage rates for all houm worked in execs
' AGENDA ITEM
work-w~tc
pg...
7
(f) It will comply with:
(1) Tide VI of'the Civil R/ghts Act of 1964 (P.L. 88-352), and the regulations issued
pursuant thereto, which provides that no person in the United States shall on the gounds of
race, color, or national or/gin, be excluded from participation in, be denied the benefits of, or
be othem4se subjected to discrimination under any program or activity for which the
Subgrantee receives Federal financial assistance and will immediately take any measures
necessary to effectuate this assurance. If any real property or stmcmm thereon is provided or
imprOVed with the aid of Federal financial assistance extended to the Subgrantee, this assurance
shall obligate the Subgrantee, or in the case of any trausfexrof such property, any transferee, for
the period during which the rea!. property or structure is used for a purpose for which the
Federal financial assistance is extended, or for another purpose involving the provision of
similar services or benefits;
(2) Any proba~bition against discrimination on the basis of age under the Age
Discrimination Act of 1975, as amended (42 U.S.C.: 6101-6107) which prohibits
discrimination on the basis of age or with respect to otherwise qualified handicapped
indiv/duals as provided in Section 504 of the Rehabilitation Act of I973;
(3) Executive Order 11246 as amended by Executive O~ders 11375 and 12086, and the
regulations issued pursuant thereto, wkich provide that no person sh~l] be 'discriminated agains'
on the basis of race, color, religion, sex or national orion in all phases of employment during
the performance of federal or federally assisted construction contracts; affirmative action to
insure fair treatment in employment, upgrading, demotion, or tran.qfer;, recruitment or
recruitment advertising; layofftermination, rates of pay or other forms of compensation; and
election for tm{ninE and apprenticeship;
(g) The Subgrantee agrees to comply w/th the Americans With Disabilities Act (Public Law
101-336, 42 U.S.C. Section 12101 et seq.), where applicable, which prohibits discrimination by public
and private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications;
(h) It w/ltestablish safeguards to proln'bit employee§' from using positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves
or others, parficn!~rly those with Whom they have family, brininess, or other ties pursuant to Section
112.313 and Section 112.3135,
(i) It will comply, with the Anti-Kickback Act.of 1986, 41 U.S.C. Section 51 which outlaws and
prescr/bes penalties for "kickbacks" of wages in federal/y financed or assisted commmction activities;
0)
Act) which lirnit$ the political activities of employees;
It w/i/comply with the provisions of 18 USC 594, 598, 600-605 (further known as the Hatch
10
AGENDA ITEM
No. ~ (; ¢',
(k) It will comply with the flood insurance purchase and other requirements of the Flood Disaszer
Protection Act of 1973 a.s amended, 42 USC 4002-4107, including requirements.regarding the
purchase of flood in~mirance in communities where such insurance is available as a condition for the
receipt of any Federal financial assistance for construction or acquisition purposes for use in any area
having special flood hazards. The phrase "Federal financial assistance" includes any form of loan,
grant, guaranW, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form
of direct or indirect Federal assistance;
(1) It will-require every building or facil/ry (other than a privately owned residential structure)
designed, com,tmcted, or altered with funds prov/ded under this Agreement to comply w/th the
"Uniform Federa/Accessabitity Standard~," (A~q) which ~ Appendix A to 41 CFR Section 101-19.5
for general type buildings and Appendix A'to 24 CFR Part 40 for residential structures. The
Subgrantee will be respons~te for conducting (nspections to ensure compliance with these
specLficafions by the contractor;
(m) It will, in connection with its performance of environmental assessments under the National
Environmental Policy Act of 1969, comply with Section 106 of the National Histor/c Preservation AcT
of I966 (U.S.C. 470), Executive Order 11593, 24 CFR Part 800, and the Preservation of
Archaeological and H/statical Data Act of 1966 (16 U.S.C. 469a-1, et seq.) by:
(1) Consulting w/th the State H/scoric Preservation Office to identify properties listed in or
eligible for inclusion in the National Register oft-tistoric Places that are subject to adverse
effects (see 36 CFR Section 800.$) by the proposed activity; and
(2) Comply/ag with all requirements established by the State to avoid or mitigate adverse
effects upon such properties.
(3) abiding by the terms and conditions of the "Programmatic Agreement Among the
Federal Emergency Management Agency, the Florida State Historic Preservation Office,
the Florida Department of Community Affairs and the Advisory Council on F[istorie
Preservation, (PA)" which addresses roles and respons~ilities of Federal and State entities in
implementing Section I06 of the National I-tistor/c Preservation Act (N-HPA), 16 U.S.C. 470/;
and implementing regulations in 36 CFR part 800.
(4) When any of Recipient's projects funded under this Agreement may affect a hi~or/c
property, as defined in 36 CFR 800.(2)(e), the Federal Emergency Management Agency
(FEN~) may require Recipient to review the eligible scope of work in comultaxion with the
State H/storic Preservation Office (SHPO) and suggest methods of repair or commction that
will conform with the recommended approaches set out in the Secretary of Ihterior's
Standm'~ for Rehabilitation and Guidelines for Rehabilitating gn~toric Builain~ 1992
(Standards), the Secretary of the Interior's Guidelines for Axeheological Doo, mentation
(Guide.fines) (.48 Federal Register 44734-37), or any other applicable Secretary oflmmor
standards. I_fFEMA determines thai the eli~ble scope of work will not conform with the
! t AGENDA, ITEM "
No, I ~-' ' ~ ;'~--
MAR 2 8 2000
St~indards, Recipient agrees to participate in consultations to develop, and, after exeeut/dn b~
all parties, to abide by, a wr/rten agreement that establishes rn/t/gation and recordation.
measures, including but not limited to, impacts to archeolo~cal sites, and the salvage, storage,
and reuse ofafiy s/~ificant architectural features that may otherwise be demol/shed.
(5) Recipient a~ees to notify FEMA and the Department i/any project funded under this
Agreement will involve ground disturbing activities, including, but not limited to: subsurface
d/smrbance; removal of trees; excavation for footings and foundations; and installation of
uri//fies (such as water, sewer, storm drains, electrical, gas, leach lines and septic tanks) except
where'~ese activities are resrr/cted solely to areas previously disturbed by the installation,
replacement or maintenance of such utilities. FEMA-w//1 ~equest the SHPO's opinion on the
potential that archeological properties may be present and be affected by such activities. The
SHPO will advise Recipient on any ~'eas/ble steps to be accomplished to avoid any National
Register eiig/ble archeological property or wilt make recommendatibn~ for the development of
a treatment plan for the recovery of archeolo~cal dam from the property. If Recipient is unable
to avoid the archeologica/property, develop, in consultation w/th the SHPO, a treatment plan
consistent with the Guidelines and take into account the Advisory Council on Historic
Preservation (Council) publication "Treatment of Amheological Properties." Recipient shall
forward information regarding the ~eannent plan to FEMA, the SHPO and the Council for
review. If the SI-[PO and the Council do no object within 15 calendar days of receipt o£the
treatment plan, FEMA may direct Recipient to implement the treatment plan. If either the
Counci/or the SI-~O object, Recipient shall not proceed with the project until the objection is
resolved.
(6) Recipient shall notify the Department and FEMA as soon as practicable: (a) of any
changes in the approved scope of work for a Natiomal Register etigfble or listed property; (b) of
al/changes to a project that may result in a supplemental DSR or modify an.HMGP project for
a Nation,al Register eli~ble or listed property; (c) if k appears that a project funded under tkis
A~m'eement will affect a previously unident/fed property that my be elig/l:le for inclusion in
the National Register or affect a known historic property in an unanticipated manner. Recipient
acknowledges that FEMA may require Recipient to stop construction in the vicinity of the
discovery of a previously un/dentitSed property that may be eligible for inclusion in the
Na..ri~nal Register or upon learning that construction may affect a known historic property in an
unanticipated manner. Recipient further acknowledges that FEMA may requ/re Recipiem to
take all reasonable measures to avoid or ~e harm to such property until FEMA
concludes consultation with the SHPO. Recipient also acknowledges thai FEMA will require,
and Recipient shal/comply with, modifications to the project scope of work necessary to
implement recommendations to ad&ess the project and the property.
(7) Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall not
receive funding for projects when, w/th intent to avoid the requirements of the PA or the
NI-ZPA~, Recipient intentionally and s/g-ni~cantly adversely affects a historic property, or having
the legal_ power to prevent it, allowed such si=m~ificaut adverse affect to occur.
AGENDA ITEM
No, I~,,~ ,_.;~
12
(n) It will comply with Title DC of the Education Amendments of 1972, as amended (20 U.~q[C.:
1681-1683 and 1685 - 1686) which prohibits discrimination on the basis of sex;
(o) It will compiy.'with the Comprehensive Alcohol Abuse and .~coholism Prevention, Treatment
and Rehabilitation Act of 1970, (42 U,S.C. 4521-45-94) relating To nondiscrimination on the basis of
alcohol abuse or alcoholism;
(p) tt will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3
and 290 ce-3), as amended, renting to confidentiality of alcohol and drug abuse patient records;
(q) It will comply with Lead-Based Paint Poison Prevention Act (42 U.S.C.: 4821 et seq.) which
prohibits the use of lead based paint in consumction of rehabilitation or residential structures;
(r) It will comply with the Energy Policy and Conservation Act ('P.L. 94-163; 42 U.S.C.
6201-5422), and the pr~visions of the state Energy Conservation Plan adopted pursuant thereto;
(s) It will comply with the LaboraZo.ry Animal WeLfare Act of 1966, 7 U.S.C. 2131-2159,
'pertaining to the care, handling, and treatment of warm blooded, animals held for research, teaching, or
other activities supported by an award o£ ass/stance under this agreement;
(t) h will comply with Title VIII of the Civil R/ghrs Act of 1968, 42 U.S.C. 2000c and 42
3601-3619, as amended, relating to non-discr/rnination in the sale, renta/, or financing of houSing, and
Tide VI of the Civil R/ghts Act of 1964 (P.L. 88-352), wh/ch prohibits discrimination on the basis o£
race, color or nation or/gin;
(u) k will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642;
(v) It w/il comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626;
(w) It will comply with the Endangered Species Act of 1973, 16 U.S.C. 1531-1544;
(x) It wi//comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 47284763;
(y) It wi~l-., ass/st the awarding agency in assur/ng'compliance with the National H/stor/c
Preservation Act of 1966, as amended, 16 U.S.C. 270;
(z) It will comply with env/ronmental standards wkich may be prescribed pursuant to. the National
Environmental Policy Act of 1969, 42 U.S.C. 4321-4347;
(aa) It will assist -the awarding agency in assuring compliance with the Preservation of
Archeolog/cal and I-Sztorical Preservation Act of 1966, 16 U.S.C. 469a, et seq;
(bb) It will comply with the Rehabilitation Act of 1973, Sect/on 504, 29 U.S.C. 794, regarding
non-discrimination; AGENDA ITEM
No. ',i; t ~ ,
13
(cc) tt wi11 comply w/th the env/.ronmental standards which may be prescribed pursuant to r~' Si
Drinking Water Act of 1974, 42 U.S.C. 300f-300j, regarding the protection of underground water
sources; . '. -
(dd) It will comply wkh the requirements of Titles II and III of the Uniform Relocation Assistance
and Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which pro,ride for fair and
equitable u'earment of persons displaced or whose property is acquired as a result ofFedera/or
federally assisted programs;
(ce) It wilt comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to
protecting components or potent/a/components of the national, wi:Id and scexic r/vets system;
(i0 It w/il comply with the following ExeCUtive Orders: EO 11514 (NEPA); EO 11738 (violating
facilities); EO 11988 (Floodpla/n Management); EO 11990 (Wetlands); arid. EO 12898'(T_.nvironmental
JustiCe);
(gg) Ir will comply with the Coastal Bander Resources Act of 1977, 16 U.S.C. 3510;
(tit) It will assure project consistency with the approved State program developed under the Coastal
Zone Management Act of 1972, 16 U.S.C. 1451-1464; and
(ii) It will comply with the Fish and Wildlife Coordinat/on Act of 1958; 16 U.S.C. 661-666.
(jj) With respect to demolition activkies, it w/Il:
1. Create and make available documentation sufficient to demonstrate that the Recipient and its
demolition contractor have sufficient manpower and eqUipment to comply with the obligations
as outlined in this Agreement.
2. Return the property to its natural state as though no improvements had ever been contained
there on- _
3. Furnish documentation of al/qualified personnel, Licences and all equipment necessary to
inspect buildings located'in Recipienfs jurisdicffon to detect the presence of asbestos and lead
in accordance with requirements of the U. S. Environmental Protection Agency the Florida
Department of EnvironmentaI Protection and the County Health Department
4. Prov/de documentation of the inspection results for each structure to indicate:
a. Safety Hazards Present
b. Health Hazards Present
c. Hazardous Mam,--ials Present
14
AGENDA ITEM
NO.
5. Prov/de supervision over corm-actors or employees employed by Recipient To remove
asbestos and lead from demolished or otherwise applicable su'uctums.
6. Leave the demolished site clean, level and free of debr/s.
7. Not/fy the Department promptly of any unusua/existing condition which hampers the
contractors work.
8. Obtain all required peru/ts.
9. Provide addresses and marked maps for each site where water wells or septic ranks are to
be closed along with the number ofweJls located on each site.
10. Comply w/th mandatory standards and policies relating to energy efficiency which are
contained in the State energy conservation plan issued in compliance, with the Energy Pol/cy
and Conservation Act ( Public Law 94 -163).
11. Comply with aa1 applicable ~an -dards, orders, or requirements issued under Section 306 of
the Clean Air Act [42 U.S.C. 1857(h)], Section 508 ofthe Clean Water Act (33 U.S. 1368),
Executive Order 117.38, and the U.S. Environmental Protection Agency regnlar/ons (40 C.F.R.
Parr 15). This clause shall be added to any subcontracts.
12. Prov/de documentation ofpubhc notices for demolition activities.
15
AGENDA ITEM
No.
r,-..,, 2 o
pg._ t(~' _
1
2
3
4
5
6
7
8
9
10
RESOLUTION NO. 2000-
RESOLUTION AUTHORIZING THE EXECUTION AND
ACCEPTANCE OF AN AGREEMENT BETWEEN THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
.AND COLLIER COUNTY REGARDING EMERGENCY
MANAGEMENT RELATED ACTIVITIES
WHEREAS, the State of Florida Department of Community Affairs has
11 funds available for emergency management related activities; and
12 WHEREAS, the State in Agreement #00EM-D3-09-21-01-011 shall agree
13 to provide $38,461.00 to initiate the successful completion of the activities and
14 projects in the approved five year strategic plan submitted by Collier County and
15 which are applicable to the period of performance of the Agreement.
16 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
17 COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA that:
18 The Board hereby approves Agreement #00EM-D3-09-21-01-011 between the
19 State of Florida Department of Community Affairs and Collier County in
20 substantially the form attached hereto, and hereby authorizes its Chairman to
21 execute the Agreement on behalf of this Board with all understandings and
22 assurances contained therein, and authorize Staff to act in accordance with the
23 Agreement.
This Resolution adopted this day of 2000,
after motion, second and majority vote in favor of adoption.
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COU~qTY CO~MMISSIONERS
COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk
TIMOTHY J. CONSTANTINE, Chairman
Approved as to form and
legal sufficiency: .
Thomas C. Palmer
Assistant County Attorney
A(~ENDA ITEM
No. ~':
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
MARCH 28, 2000
FOR BOARD ACTION:
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS
DIRECTED:
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. February 16 - 22, 2000
B. February 23 - 29, 2000
C. March 01 - 08, 2000
Districts:
A. Port of the Islands Community Improvement District -Notice of Board of
Supervisors' Regular Meeting
B. Golden Gate Fire Control & Rescue District
Minutes:
A. City/County Beach Renourishment Advisory Committee - Agenda for
February 10, 2000 meeting
B. Golden Gate Estate Land Trust Committee - Minutes of September 22,
1999 and November 15, 1999 meetings
C. Utility Authority - Agenda for February 28, 2000 and minutes of October
25, 1999 meeting
D. Rural Fringe Area Assessment Oversight Committee - Agenda for
February 23, 2000 and minutes of February 9, 2000 meeting
E. Parks and Recreation Advisory Board - Agenda for February 23, 2000 and
minutes of January 26, 2000 meeting
F. County Government Productivity Committee - Minutes of February 14,
2000 meeting AGE~)A I~EM
MAR 2 8 2000
!
Pg. / _
Ho
Emergency Medical Services Advisory Council - Agenda for February 23,
2000 and minutes of January 27, 2000 meeting
Collier County Community Health Care Ad Hoc Committee - Minutes of
February 9, 2000 meeting
Historical/Archaeological Preservation Board - Minutes of February 11,
2000 meeting
Board of Building Adjustments and Appeals - Minutes of February 16,
2000 meeting
Environmental Advisory Council - Agenda for March 1, 2000 and
minutes of February 2, 2000 meeting
Collier County Planning Commission - Agenda for March 2, 2000
meeting
Pelican Bay MSTBU Advisory Committee - Agenda for March 1,2000
meeting and minutes of February 2, 2000 meeting
No. ,~C' 5,'
HAR 2 8 2000
EXECUTIVE SUMMARY
REQUEST THAT THE BCC AUTHORIZE EXPENDITURE OF BUDGETED 301 FUNDS FOR
THE PURCHASE OF 800 MHz PORTABLE RADIOS FOR THE SHERIFF'S OFFICE.
OBJECTIVE: To obtain authorization for expenditure of 301 Funds for the purchase of 800 MHz
portable radios.
CONSIDERATIONS: The BCC allocated $100,000 for Sheriff's Office radios in Fund 301 budget.
A balance of $32,600 is available for the purchase of radios.
The Sheriff's Office is requesting that the Board authorize the expenditure of budgeted 301 funds and
purchase of the 800 MHZ radios.
FISCAL IMPACT: Funds are available as follows:
Fund Cost
Fund Title Number Center ObJect Project Funding Level
FY '00 Fund 301 611010 764210 00000 $ 32,535
301 Budget
GROWTH IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners approve the budgeted purchase
of 800 MHz portable radios.
REQUESTED BY:
Jegn Myers, Budget~ Analyst
REVIEWED BY:
..-.__~.ir. Crystal K. K)nzel,
,''~:''~'x4''''~'''l':'''/,. . ,-' ~inanceDivisi? %
APPROVED BY":...
'~n Hunter, ~eriff
DATE: March 13, 2000
5.lexsum~8OOrad20.B\dv
AGENDA ITEM
No. I(r, -t /
MAR
EXECUTIVE SUMMARY
RECOMMEND THAT THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
SERVE AS THE LOCAL COORDINATING UNIT OF GOVERNMENT IN THE STATE OF
FLORIDA'S DEPARTMENT OF COM/~JNITY AFFAIRS' ANTI-DRUG ABUSE ACT
FORMULA GRANT PROGRAM.
OBJECTIVE: TO seek appointment of the Collier County Board
of County Commissioners as the coordinating unit for local
application for anti-drug abuse grants.
CONSIDERATION:
The Collier County Commission has participated in the
Department of Community Affairs' Anti-Drug Abuse grant
(Edward Byrne Grant) program for eleven years.
The Collier County Program has proven to be a valuable
project.
The Department of Community Affairs, Bureau of Community
Assistance, has allocated $210,593 for State Fiscal Year
2001 Collier County funding.
The Sheriff's Office will seek twelfth year Edward Byrne
Grants. Fourth year continued funding will be sought for
the Street Gang Prevention and Apprehension Program.
First year funding will be sought for the Collier County
Juvenile Arrest and Monitoring (JAM) Program that will
monitor offenders who are on Community Control
(Probation) or who have returned into our community from
a commitment program.
Board approval is needed for:' the Collier County
Commission to continue in the capacity of local
coordinator; the Sheriff's Office grant applications for
fiscal year 2000/2001; to authorize acceptance of awards;
and associated budget amendments.
FISCAL IMPACT: Twenty five (25%) percent local matching funds,
$70,198 drawn proportionate to share of funding received, from
Confiscated Trust Fund Reserves (602-919010-991000).
GROWTH MANAGEMENT: No recurring costs for subsequent years.
RECOMMENDATION: That the Collier County Commission agrees to be
the local coordinating unit of government and authorizes the Board
Chairman to execute the Certification of Participation for twelfth
year funding, approve the Sheriff's Office grant applications for
fiscal year 2000/2001, authorize acceptance of awards and approve
associated budget amendments. -
AGENDA ITEM
2 200
Certification of Confiscated Trust Fund Request
This request is a legitimate expenditure of Confiscated Trust
Funds under Section 932.7055 (4) (a) Florida Statutes to provide
matching funds to obtain federal grants.
PREPARED BY:
APPROVED BY:
DATE:
D'.~. ector
Kinz
C~Ysi~i-K i'~ el, !Finance
Don H~.nt~er, Sheriff
March 16, 2000
ga/2 h 'a: xsc~i
AGENDA ITEM
CERTIFICATION OF PARTICIPATION
Federal Fiscal Year 2000
Mr. Clayton H. Wilder
Department of Community Affairs
Division of Housing and Community
Development
Bureau of Community Assistance
2555 Shumard Oak Boulevard
Taliahassee, Florida 32399-2100
Dear Mr. Wilder:
This is to inform you that the Board of County Commissioners
x Accepts Declines the invitation to serve as the
coordinating unit cf government in the Department of Community
Affairs' Edward Byrne State and Local Law Enforcement Assistance
Formula Block Grant Program.
For purposes of coordinating the preparation of our
application(s) for grant funds with the Bureau of Community
Assistance, we have designated the following person:
Name:
Title:
Agency:
Address:
Telephone:
Joyce-Houran
Grant Coordinator
Collier County Sheriff's Office
3301Tamiami Trail East, Building
Naples, Florida 34112
941-793-9346
Sincerely,
Chairman, Board of .County
Commissioners
Timothy J. Co~ ,= L=, ,~'~'~'A ITEM '
NO, ~'"' ~ , '
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve a litigation attorney position and legal
secretary position in the Office of the County Attorney and approve the necessary budget amendments.
OBJECTIVE: To hire a litigation attorney and legal secretary to assist with the increased litigation experienced by the
County.
CONSIDERATIONS: The Office of the County Attorney currently has 9 budgeted positions for attorneys, including
the County Attorney. Presently there is one Assistant County Attorney dedicated full time to litigation and several other
attorneys providing significant part-time litigation assistance as those attorneys' schedules permit. This does not count
the Assistant County Attorney spending nearly full-time on eminent domain litigation.
In a successful effort to reduce the amount of money spent on outside counsel, the Office of the County Attomey has
taken on the responsibility of defending cases covered by insurance. Since the County is self-insured,-this is a significant
cost savings to the County. The Risk Management Department has agreed to provide $133,000.00 as additional revenue
to the County Attorney budget for this service. This shows up as a revenue in the budget of the County Attorney which
reduces the impact on the general fund.
Additionally, there has been an increase in the number of land use cases, various workplace and labor cases,
discrimination cases, foreclosures, and other non insurance covered cases filed against the County. With this increase in
litigation including protracted litigation, it has become impossible for this office to continue to handle all new cases filed
against the County. The County Attorney Office has enjoyed a relative success in its handling of litigation, which
requires time-intensive efforts, travel all over the state, taking attorneys away from other cases and tasks. Court case
scheduling can create conflicts and now, choices, as to where limited County Attorney resources must be employed. It
has become necessary to use outside counsel on cases where, although talent and determination is available in the office,
time constraints do not allow the proper attention to be paid to the cases. The addition of the requested positions will
provide the County Attorney Office with the appropriate level of staffing to more efficiently and effectively handle the
increased caseload and greatly reduce the use of outside counsel.
If the positions are approved, it is the intention of the Count3' Attorney that only cases where there are conflicts of
interest or cases requiring specialized expertise will be assigned to outside counsel. All other cases will be handled
within the office unless such extraordinary factors should exist.
FISCAL IMPACT: These positions along with all associated costs will be funded from the general fund less revenues
received from Risk Management. The costs associated with these positions, through the end of this fiscal year, are as
follows: personnel including benefits $47,661.00; capital costs (including furniture and office equipment) $10,552.00;
and operating costs (including supplies, postage, etc.) $1,616.00.
GROWTH MANAGEMENT ~MPACT: None
RECOMMENDATION: In an effort to increase productivity, efficiency and effectiveness and save the County money,
it is recommended that the Board of county Commissioners approve a litigation attorney position and a legal secretary
position for the Office of the County Attorney along with any necessary budget amendments in the amount of $59,829.
Respectfully submitted by:
Davi-d C Weigel, County Attt:~ey
JbffWalker, Risk Management Director
H:dda/executive summaries/2000/litigation attorney
Date:-~7~~
Date:
AGENDA ITEM
MA,'", 2 g 2000
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners authorize the employment of a land
use attorney and legal secretary to be dedicated to Community Development and Environmental
Services issues and approve the necessary budget amendments.
OBJECTIVE: The employment of a land use attorney and
increased service demands and achieve efficiencies in legal
Development and Environmental Services Division.
legal secretary to provide for
services for the Community
CONSIDERATIONS: The demands for services upon County government have increased
significantly in recent times by virtue of increased volume of permit, rezoning, and development
plan applications and more lawsuits and other challenges to the County's growth management
system.
Notwithstanding additional assignment of assistant county attorney and paralegal staff to
Community Development and Environmental Services in the past two years, it is now considered
appropriate and necessary to provide more legal resources to the Division to better attend to the
continuous high volume of staff and Board-related work that requires legal review and input (see
Tables 1-3). Additional legal resources in this area should reduce and take some of the litigation
burden from other very busy county attorney litigation attorneys.
It is the opinion of the County Attorney and the Community Development and Environmental
Services Administrator that a land use attorney and legal secretary located at the Development
Services building will allow better utilization of the talents and knowledge of the legal and
Community Development and Environmental Services staff.
Offices for the additional staff'will be located at the Development Services Building on Horseshoe
Drive. Space will be available to accommodate the requested personnel upon completion of the
reconfiguration at the Horseshoe Drive offices with the move of the Department of Revenue from
the building.
Mr. Cautero shall participate in the solicitation and interview process with Mr. Weigel and
provide feedback during the annual evaluation process. The attorney and legal secretary will be
hired by and report directly to the County Attorney.
FISCAL IMPACT: No ad valorem fiscal impact. These positions along with all associated costs
will be funded from the Community Development Fund 113-138900. The costs associated with
these positions, through the end of this fiscal year, are as follows: personnel including benefits
$46,828.73; capital costs (including furniture and office equipment) $36,456.00; and operating
costs (including supplies, postage, etc.) $18,33.33.
GROWTH MANAGEMENT IMPACT: None
AGENDA ITEM
NO ....
MkR 2 ~ 2000
p~.
RECOMMENDATION: That the Board of County Commissioners authorize the employment
of a land use attorney and legal secretary position to be dedicated to Community Development
and Environmental Services and approve the necessary budget amendment from the Community
Development fund reserves in the amount of $85,118.06.
SUBMITTED BY:
David C. Weigel, County~ttorney
Date:
REVIEWED BY:
Vincent A. Cautero, AICP, Administrator
Community Development and Environmental Services
APPROVED BY:
Date:.
Thomas W. Olliff, County Manager
Date:
H:dda/executive summaries/2000/development services attorney
AGENDA FTEM~..
MAR 2 8 2000
Table 1 - Building Review and Permittine Activity
Building Permits - per month
.FY-00
Through February, 2000 - 1,956
Up from 1,817 this time last year or 7.7 % increase
Building Permits Total % Increase
1994-95 16,524
1995-96 16,867 1.8
1996-97 19,087 13.0
1997-98 20,736 8.6
1998-99 23,740 14.5
Total % increase: 1994-95 to 1998-99 -- 19.3%
Building Inspections
(FY figures)
Through February, 2000 = 60,217
Through February, 1999 = 51,463
% increase = 17
Building Inspections
Total
% Increase
1994-95 68,234
1995-96 81,622
1996-97 95,694
1997-98 112,550
1998-99 131,264
19.6
17.2
17.5
16.6
'Total % increase - 1994-95 to 1998-99 = 92.3%
Table 2 - Code Enforcement Activity
Number of Cases:
FY 1997-98 - 22,307
% Increase
FY 1998-99 - 27,017 21%
AGENDA 13'EU_-~"
NO. ~
MAR 2 8 2000
pg.
Table 3 - Current Plannine Section Activity
Comparison of Major Activity Indicators: Current Planning Section.1
1998 1999 2000 2 Average 2 year increase3
Site Plan-Submittals 208 212 220
Site Plan Amendments 67 82 90
Site Improvement Plans 39 57 66
Straight Rezones 9 13 12
PUD Rezones 20 29 30
PUD Amendments 18 24 24
DRI Applications &
Development Order
Amendments 3 8 6
Conditional Use 25 32 30
Boat Docks 45 29 36
Pre-Application Meetings 487 492 550
Plat/Construction Plans 100 155 148
3.8%
28.3%
57.7%
25.0%
46.3%
25.0%
100.0%
19.4%
-27.0%4
8.2%
51.5%
Totals 841 933 1212 27.5%
~ This is a cross-section of major indicators of activity. It is intended to iljustrate the level of activity, n the Current
Planning Section. It should be noted that with increasing population, a signdicanfly increased percentage of staff
time is spent meeting with the public regarding these petitions. The need for the presence of legal representation and
for legal counsel and review is increasing in a geometric proportion to increased activity levels. '
2 Reflects an annual projection
~ Average petition increase between 1998 and 2000 (projected)
4 Decreasing numbers of Boat Dock Petitions Due to Marco Island Incorporation
GENDA n'~M
MAR 2 8 2000
EXECUTIVE SUMMARY
AN ORDINANCE AMENDING COLLIER COUNTY
ORDINANCE NO. 93-20, THE DISASTER RECOVERY TASK
FORCE ORDINANCE; AMENDING SECTION FOUR,
"COMPOSITION, APPOINTMENT, TERMS OF OFFICE OF
RECOVERY TASK FORCE," BY REVISING THE
MEMBERSHIP TO TWENTY-SEVEN TO INCLUDE A
MEMBER FROM THE CITY OF MARCO ISLAND;
REVISING ITS MEMBERSHIP LIST FOR PURPOSES OF
ACCURACY; AMENDING SECTION FIVE, "REMOVAL
FROM OFFICE; FAILURE TO ATTEND MEETINGS," TO
CONFORM WITH THE REQUIREMENTS OF COLLIER
COUNTY ORDINANCE NO. 86-41, AS AMENDED;
PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE OF LAWS AND
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
RECOMMENDATION: That the Board of County Commissioners consider the adoption of an
ordinance amending Collier County Ordinance No. 93-20, increasing its membership by one to
include representation by the City of Marco Island.
CONSIDERATIONS: On April 27, 1993, the Board of County Commissioner adopted
Ordinance No. 93-20, establishing the Collier County Disaster Recovery Task Force for the
purpose of ensuring the safety and well-being of its residents, visitors and property during
emergencies caused by hazards. The Task Force is composed of nine (9) members to act as
liaisons for private and public utilities, essential County departments, incorporated cities, a
chamber of commerce, law enforcement, and emergency management.
On August 28, 1997, the residents of the City of Marco Island voted to incorporate. On February
8, 2000, the Board of County Commissioners voted to include a liaison to represent the City of
Marco Island. Adoption of the proposed amendment would increase the membership of the
board by one (1) to include a liaison for the City of Marco Island.
The proposed amendment also seeks to update its membership list, and to clean up the
attendance requirements for purposes of consistency with Collier County Ordinance No. 86-41,
as amended, the general advisory boards ordinance.
FISCAL IMPACT: None
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners adopt the attached
Ordinance amending Ordinance No. 93-20, and authorize the Chairman to sign same.
~avid C. Weigel
County Attorney
· !
ORDINANCE NO. 2000-
AN ORDINANCE AMENDING COI,I,iER COIINTY
ORDINANCE NO. 93-20, TIlE DISASTER RECOVERY TASK
FORCE ORDINANCE; AMENDING SECTION FOUR,
"COMPOSITION, APPOINTMENT, TERMS OF OFFICE OF
RECOVERY TASK FORCE," BY REVISING THE
MEMBERSIliP TO TWENTY-SEVEN TO INCLUDE A
MEMBER FROM TilE CITY OF MARCO ISLAND;
REVISING ITS MEMBERSHIP LIST FOR PURPOSES OF
ACCURACY; AMENDING SECTION FIVE, "REMOVAL
FROM OFFICE; FAILURE TO ATTEND MEETINGS," TO
CONFORM WITH TtiE REQUIREMENTS OF COLLIER
COUNTY ORDINANCE NO. 86-41, AS AMENDED;
PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE OF LAWS AND
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
6
7
8
o
10
ll
12
13
14
15
16
17
18
20 WItEREAS. {he Board of County Commissioners adopted Collier County Ordinance No.
21 93-20. establishing the Collier County Disaster Recovery Task Force or Ihe purpose of ensuring
22 the safety and well-being of its residents, visitors and property during emergencies caused by
23 hazards; and
24 WHEREAS. on August 28. 1997, the City of Marco Island voted to incorporate; and
2q WItFREAS. the Board of County Co~nmissioners desires that the. City of Marco Island be
26 included in the membership ofthe Collier County Disaster Recovery Task Force; and
27 Wl IERFAS, ulilily companies and Ihe names of' Courtly department supervising positions
28 and litles have changed crealing a need to update the Task Forces metnbership list; and
2~,' WI IEREA$, ll~e Board of County Commissioners requi~es that all advisory boards comply
~¢) wilh lhe general advisory boards Ordinance No 86-41, as amended,
tl N()W, TIIE. REF()RI~. BE IT Oi*.I)AINEI) BY TIlE BOARD OF COUNTY
t2 COMMISSIONERS OF COI.I.IER C()I!NTY, FI.ORII)A, that:
33 SECTION ()NE.; Amendment to Seclion Four o£Collier Counly Ordinance No 93-20,
.t4 Seclion Four, Composilion, Appointmenl, lerms of Office of Recovery Task Force, of
35 Collier County Ordinance No. 03-20, shall be amended 1o read as follows:
36 SECTION FOUR: Composition, Appointment, Terms of Office of
37 Recovery Task Force.
38
30 I. Composition of Recovery Task Force. The Recovery Task Force will be
40 composed of the individuals that reflect a broad-based representation of community
41 imerests. The Recovery Task Force shall consist of the following individuals, or
42 their respective designees:
43 a County Community Development and Environmental Services_ Administrator
44 b. County Attorney
45 c County Current Planning Services Manager
46 d County Building and Permitting Director
47 e County Emergency Management Director
48 f County Real Property Management Director
4o g County Solid Waste Director
I
Words ~Un_d_e_rlinO are added; Words ~gtmcg-Through are deleted,
AGENDA ITEM
NO. _
2 8 2000
Tr~
n
o.
q-
I ti.
V.
Y
County
('ounty
Counly
County
City of
('ily of
Water Stormwater Management l)ireclo[
Transpo~lation Services ,,Mbninistqattw _Dir~e_ct_o_r
Ulgilies Pu.bljc ~ork. s Administralor
Properly Appraise[ Liaison
She~ iff I .iaison
Naples Liaison
IZvel glades I Jo[son
City of Mmco Island Liaison
p. Big Cypress Basin Boa[d l,iaison
q S~mthwesl I:lorida Regional Plamfing C(mncil I.iaisnn
r. ('ounly Planning Commission l.iaison
s. Collic~ ('ollnly 13uilding Induslrv I,iaison
t. Florida Power & l,ighl I,iaison
I:ee ('(tartly I~lecl~ic ('oope~alive I,iaison
~ll~ern g~ ~tilh~ [Io~ida_W~t~[~ices Li ai son
Florida ('hies t It[lilies I ,ia[son
$ Water Waste Managemenl oFCollier County I ia[son
y Sp~int/l lniled Teleph(me Service 15ais(m
z ('ollie~ ('ounly ('hamber oJ'( ~Ollllllercc I.iaison
aa School District of Collier County I,iaison
Appt,inllncnt {~f Recovery Task Force
2.q a The Recovery 'Task Force shall be composed of *wemy-siw-(~6) t~Lcnty:
? ~ seven (27) memhers.
2 ~ h Members orlhe Recovery Task Force shall be appointed by and se~e at
25 lhe Pleasure oFlhe Board of(,ounty Commissioners Those individuals acting
2(, as liaisonq to the Recovery Task Force from olher governmenlal or private
27 agencies shall be appointed by that agency, which appoinlment shall be
2R ratified h~. the Board ofCOUllly conmlissioners
2t) c Appointment or ~atificalion of members of the Recovery Task Force
I() shall I~c by resolution of the Board off Connty Commissioners, which
I I lesohJli(~n shall scl fi~rlh Ibc (late ol'appoinhnent and term oFoffice.
32 3 Terms of Office. The initial terms of office of the Recovery Task Force
3 ~ members shall be as follows:
34 a. Eight members shall se~e for two (2) years
t q b Nine members ~hall serve for three (3) years
U, c Nine members shall service for four (4) yea~s
37 Thereafter, each appointment shall be for a lerm of four {4) years
38 SECTION *~O. Amendment to Section FiveofCollier County Ordinance No. 93-20
to Section Five, Removal From ()ffice; Failure To Altend Meetings, of Collier County
40 Ordinance No 93-20, shall be amended Io read as follows:
2
Wo~ds Undel linc_d are added. Words g, tntck-Through are deleted
AGENDA
2 2000
P,.
II
I?
20
~6
~o
3S
4,4
.qF,('TION FIVE' Removal Front Ofl]ce: Failure To Attend Meetings
t=~,~,n.,~membe~f-the4~,~mrd~rn~y-be~emove~f~m,, ofl~e=wit~, or w~t~o~
eau~ by ~ ~h y v~e ~.(l~ Bonrd ~
~-IC~y-~b~-i~rd fgils~~ ~ (2) . ' d
t~half ~-~d~-~ings 4n~- ~! year
('onn]fillec member altcndancc requiremp~!ls, including _E~ilurg_ t0
rattlings and member [CmVVal f[om oR]ce ale govcrl)cd by
Ordinance No. 86-.~ I ~as ~mended, or by i~s successor
SE(TI'ION TIIREE: Conflict and Severahilily.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or ~flion of this Ordinance is held
invalid or unconstitutional by any courl ofcompelent jurisdiction, such ponion shall be d~m~ a
separate, distinct a~d independent provision and such holding shall not affecl the validity of lhe
~emaining potion.
SECTION FOUR: Inclusion In The Code Of Laws And Ordinances.
The provisions of this Ordinance shall become and be made a pa~ of the C~e of ~ws and
O,tinances of Collier Counly, Florida The sections of the Ordinances may be renumber~ or
teleHe~ed to ac~mplish such, and the word "ordinance" may be changed Io "section," "aflicle," or
any olher appropriate word
SECTION FIVE: Effective Date.
This Ordinance shall become effective upon filing with the Depaflment of State
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Horida this ..... day of ............... 2000
ATTEST
I)WI(;III'E BROCK.(71e~k
BOARD OF COUNTY COMMISSIONERS
OF COI,LIER COUNTY, FLORIDA
By:
TIMOTHY J. CONSTANTINE, Chairman
Approved as to form and
legal sufficiency:
County Attorney
1 X:W/kn/ordinm~ce
3
Words Underlined are added: Words gtrue -k-Through are deleted.
AGENDA rTEM
NO. __L=l_~
MAR 2 8 2000