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Agenda 04/10/2012 Item #14A24/10/2012 Item 14.A.2. EXECUTIVE SUMMARY Response to the Collier County Clerk of Circuit Court Internal Audit of the Marco Island Executive Airport Parallel Taxiway and Apron Expansion Construction Project and Request Approval of Staff Clarification issued by the Zoning Manager and Planning Manager Finding the Airport in Compliance. OBJECTIVE: To approve the Staff Clarification and re- authorize payment of the outstanding pay applications totaling $943,681.01 to DeAngelis Diamond Construction, Inc., (Contractor) for work performed during construction of the Marco Island Executive Airport Parallel Taxiway and Apron Expansion Project (Project). CONSIDERATIONS: As a result of an internal audit conducted by the Collier County Clerk of Circuit Court (Clerk), the Clerk's office is refusing to pay Contractor's invoice totaling $943,681.08. PAY APPLICATION NO. AMOUNT Pay Application #9 $898,111.58 Pay Application #10 $30,844.01 Pay Application #11 $14,725.49 TOTAL $943,681.08 The audit concluded that, per the Land Development Code (LDC), it does not appear that proper zoning was in place prior to the construction of the Project. In response to the internal audit, a staff clarification was requested. Staff has determined that the Project is consistent with the Collier County Growth Management Plan (GMP), and the Marco Island Executive Airport Master Plan, which is incorporated into the GMP by Policy 11.1 of the Transportation Element of the GMP. Pursuant to Section 1.03.01.E of the LDC, when there is a conflict between the GMP and the LDC, the provisions of the GMP prevail. The Zoning Manager and Planning Manager have opined that the Airport Master Plan controls over the LDC, and that portion of the Airport property that is zoned CON -ST does not need to be rezoned to a zoning district that would expressly allow for aviation related uses. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: In accordance with Section 1.06.01.A. of the LDC, the County Manager or his designee is authorized to make interpretations of the GMP and LDC. The Staff Clarification is the official opinion of the County. This item is ready for Board consideration and approval. A majority vote is required for approval. —HFAC Packet Page -688- 4/10/2012 Item 14.A.2. RECOMMENDATION: To approve staff's clarification and determination that construction of the Marco Island Executive Airport Taxiway and Apron Expansion Project is consistent with zoning requirements and re- authorize payment of the outstanding pay applications totaling $943,681.08 to DeAngelis Diamond Construction, Inc. PREPARED BY: Chris Curry, Airport Authority Executive Director Packet Page -689- 4/10/2012 Item 14.A.2. COLLIER COUNTY Board of County Commissioners Item Number: 14.A.2. Item Summary: Response to the Collier County Clerk of Circuit Court Internal Audit of the Marco Island Executive Airport Parallel Taxiway and Apron Expansion Construction Project and Request Approval of Staff Clarification issued by the Zoning Manager and Planning Manager Finding the Airport in Compliance. Meeting Date: 4/10/2012 Prepared By Name: BrueggemanDebra Title: Operations Coordinator, Airport Authority 3/30/2012 4:34:07 PM Submitted by Title: Executive Director - Airport Authority,Airport Authority Name: CurryChris 3/30/2012 4:34:09 PM Approved By Name: BosiMichael Title: Manager - Planning,Comprehensive Planning Date: 4/2/2012 2:42:00 PM Name: BosiMichael Title: Manager - Planning,Comprehensive Planning Date: 4/2/2012 2:43:05 PM Name: BrueggemanDebra Title: Operations Coordinator, Airport Authority Date: 4/3/2012 10:1.6:59 AM Name: BellowsRay Title: Manager - Planning, Comprehensive Planning Date: 4/3/2012 10:23:07 AM Packet Page -690- Name: AshtonHeidi Title: Section Chief /Land Use- Transportation,County Attor Date: 4/3/2012 1:08:47 PM Name: KlatzkowJeff Title: County Attorney Date: 4/3/2012 3:28:01 PM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 4/4/2012 10:21:25 AM Name: OchsLeo Title: County Manager Date: 4/4/2012 11:23:22 AM Packet Page -691- 4/10/2012 Item 14.A.2. 4/10/2012 Item 14.A.2. Ca per County Department of Land Development Services Growth Management Division, Planning & Regulation STAFF CLARIFICATION: SC- 2012 -01 DATE: April 3, 2012 LDC SECTIONS: 1.03.0I.E, 1.06.01 .A, 2.01.03, and 2.03.09.13 GMP OBJECTIVES: l 1 and Policy 11.1 of the Transportation Element INITIATED BY: Nick Casalanguida, Administrator, Growth Management Division BACKGROUND/CONSIDERATION: On April 30 2010, the Collier County Airport Authority submitted a site development plan amendment for the Marco island Executive Airport to permit construction of a parallel taxiway and apron expansion. The subject airport is primarily zoned as Public Use (P) with approximately 165 feet of the parallel taxiway located on the airport property zoned Conservation - Special Treatment (CON -S'C). The expansion plans were approved allowing a portion of the taxiway on airport property lands zoned Conservation based upon a 1996 Inter -local Ingress /Egress Agreement between the Florida Department of Environmental Protection (DEP) and the Collier County Airport Authority. The existing Marco Island Executive Airport facilities includes a 350 foot long strip of land that protrudes approximately 122 feet into the CON -ST zoned portion of the airport grounds (See Attachment A). On March 26, 2012. the Collier County Clerk of the Circuit Court submitted an internal audit of the Marco Island Executive Airport Parallel Taxiway expansion project. The findings of this audit indicate that L,DC Section 2.03.09.6 of the Conservation Zoning District doesn't permit an airport or any aviation related uses nor are these uses permitted in Section 2.0 1.033 as an essential service. in addition, the audit indicates that Resolution 2001 -345 contains a provision that the development of the Marco Island Executive Airport will not occur outside of the geographic confines of the development footprint under the "Limits of Development' map. The audit concludes that it does not appear that proper zoning was in place prior to the construction for the parallel taxiway expansion project. As a result, the portion of the airport property zoned CON -ST needs to be rezoned to a zoning district that would allow an airport use. DETERMINATION (CLARIFICATION): Staff has determined that the expansion plans as depicted in SI)PA -PL -2010 -418 to the extent that it authorized work in the CON -ST zoned airport property are consistent with the 1996 Inter -local Ingress /Egress Agreement and the First Amendment to the 1996 Interlocal Ingress /Egress Agreement dated August 28, 2000 between DEP and the Collier County Airport Authority and is consistent with the Memorandum of Understanding (MOU) that was entered into by Collier County. the State of Florida, and several other parties and adopted on September 11, 2001. This MOU (See Attachment B) specifies that the BCC shall, by Resolution, forever delimit the development of the airport consistent with the Marco Island Executive Airport's 20 -year Master Plan. This Master Plan. as incorporated in the Collier County Growth Management Plan (GMP). includes the parallel taxiway on the west side of the existing runway on the CON -ST zoned properties. Based upon the adopted MOU in which the the applicable parties agreed that aviation related uses are allowed on the CON -ST airport properties, staff was able to approve the development plans depicted in SDPA- PI...- 2010 -418. SC-2012-1 Packet Page -692- 4/10/2012 Item 14.A.2. This determination is supported by Objective 11 and Policy 11.1 of the Transportation Element of the GMP which provides that the County shall -maintain County owned airport facilities"... consistent with the approved Airport Master Plan for each airport" and "shall incorporate by reference the Marco island Executive Airport Master Plan ". Both the 1996 and the 2009 Marco island Executive Airport Master Plans clearly show the expanded taxiway area. (See portions of master plans in Attachments C and D) Lastly; although the LDC does not expressly authorize the taxiway in the CON -ST District, when there is a conflict between the GMP and the LDC, the provisions of the GMP prevail pursuant to LDC Section 1.03.01.E that reads as follows: E. In all circumstances, the provisions of these regulations shall be interpreted and construed to be consistent with the GMP. Where any provision(s) of these regulations are detennined to be in conflict with the GMP, the GMP shall control. It is our opinion that this LDC provision provides a context that supports the use of the development plans that are contained in the Marco Island Executive Airport Master Plan to address any inconsistencies with the i...DC in regards to the use of the subject property. Therefore. the adopted .Airport Master Plan controls over the LDC and that portion of the airport property zoned CON -ST does not need to be rezoned to a zoning district that would expressely allow for aviation related uses. Our conclusion is supported by the existing airport facilities that protrude into the CON -ST District. Pursuant to Section 1.06.01 of the LDC, the County Manager or desigrnee shall have the following authority: • To make all interpretations of the text of this LDC, the boundaries of zoning districts on the official zoning atlas, and to make all interpretations of the text of the GMP and the boundaries of land use districts on the future land use map. • The County Manager or designee shall have the authority to make all interpretations of the text of this LDC on matters related to the Building Code, building permit requirements, building construction administrative code or building permits. • During the coin :se of review of a development order or permit, as the case may be, should an applicant and staff be unable to concur on the application of a specific provision or provisions of this LDC, the County Manager or designee shall be authorized to make a final detenmination. AUTHOR: Raymond Bellows, Planning Manager, Zoning Services Section Michael Bosi, Planning Manager, Comprehensive Planning Section Attachments: A. Aerial Photo Depicting Existing Protrusion into the CON -ST District B. Memorandum of lnderstanding C. Marco Island Executive Airport Master Plan adopted on June 23, 2009 D. Marco Island Executive Airport Master Plan dated 1.996 cc: Chris Cunt', Executive Director, Collier County Airport Authority William Lorenz, P.E., Land Development Services Director David Weeks, GMP Manager Heidi Ashton- Cicko, Assistant County Attorney Zoning Clarification File SC- 2012 -1 Packet Page -693- 04 z w a 4/10/2012 Item 14.A.2. Packet Page -694- w z ..- cn Packet Page -695- 4.A.2.I e 4/10/2012 Item 14.A.2. Attachment B EXECUTIVE SUMMARY RECOMMENDATION TO AUTHORIZE THE BOARD'S CHAIRMAN TO EXECUTE A RESOLUTION AND A "MEMORANDUM OF UNDERSTANDING" RELATED TO THE DELTONA SETTLEMENT AGREEMENT OF 1982 AND THE MARCO ISLAND EXECUTIVE AIRPORT OBJECTIVE: To authorize the Board's Chairman to execute the attached Memorandum of Understanding (MOLD) and the attached associated Resolution, CONSIDERATION: In 1982, in conjunction with settling several disputes regarding the development of Marco Island, Collier County and eight (8) other organizations (called the -Signatories") executed an Agreement entitled the -Deltona Settlement Agreement" which, among many other restrictions to the future development of ;ands then o,.%-ned �y the Dcltona Corporation, restricted the Marco Island Executive Airport's ability to freely develop the Airport, including a taxiway on the west side of the runAvay and a needed aircraft apron, except to the extent such improvements are mandated by la"N'. rule or regulation. Title to the land that is now the Marco Island Airport was owned by the Deltona Corporation at the time of execution of the Deltona Agreement in 1982. Although not mandated by law, the Collier County Airport Authority and the Executive Director, in consultation with experts and with the Federal Aviation Administration. has determined that a parallel, taxiway on the west side of the existing runway, and aircraft apron, are highly desirable to improve safety at the Marco Island Executive Airport. Beginning in 1999, the Authority began negotiating tile attached Memorandum of dD Understanding, that has at long last Finally been executed by all of the signatories to tile Deltona Settlement Agreement except the Board of County Commissioners. The NIOU and the attached Resolution remove obstacles to the following: A. Construction of a taxiway on the west side of the existing run-wzy B. Construction of aircraft apron and han-ar C�" C, Clearincy I., of obstructions to aircraft approaches In addition, the MOLT specifies: That the Board of County Commissioners shall by Resolution forever delimit the development of the Airport consistent with the Airport's 20-year master plan. 2. That the Authority shall develop a vegetation management program with the Audubon Society prior to removing vegetation obstructions in aircraft approaches, namely protected mangrove trees. a. That the Authority shall urge The Florida Department of Environmenta' Protection to reduce the size of air-port land to that which is minimally needed to be consistent with the 20-year airport master plan. 4 That the Authority shall forward all future mitigation pack-ages to the Signatories to the Deltona Agreement for their comments. 5, That the Authority shall propose to the County that State-o-%vneu—'kkndg- kl-NDAITEM *1 FF E 'Ll] adjacent to the Airport be encumbered by a conservation easement, 6. That the '114OU amends the Deltona Settlement Agreement. SEP 11 Packet Page -696- 4/10/2012 Item 14.A.2. 0 The following agencies have executed the MOU: I I The Board of Trustees of the internal improvement Trust Fund of the State of Florida 2. The Conservancy of Southwest Florida 3. The National Audubon Society and Florida Audubon Society 4, The Environmental Defense Fund 5. The ISAKK Walton League, Florida Division 6. The Florida Department of Environmental Protection 7. The South Florida Water Management District 8, The Florida Department of Community Affairs 9, The Deltona Corporation Subject to the Board executing the attached MOU and the attached associated Resolution. the Authority will pursue fully implementing the MOU GROWTH IMPACT: None, FISCAL IMPACT: None. RECOMMENDATION: That the Board of County Comnussioners authorize Chairman Carter to execute the attached Resolution and-Xleroo dune o( Understanding. PREPARED BY: ` ?6 111. Drury, A.A. E---Exccutj. ° �iire r Z REVIEWED BY: I om Palmer,. Assistant County Attorney 4"�;EtZA ITEM SEP Z_ Packet Page -697 0- 4/10/2012 Item 14.A.2. NIENTORAN G WHEREAS, the Collier County Airport Authority (the "Authority") is charged with the management and operation' of the Marco Island Executive Airport (the "Airport-); and WHEREAS, The Conservancy of Southwest Florida, The National and Florida Audubon societies, Environmental Defense Fund, and The Florida Division of the hank Walton League are Environmental Intervenor Signatories (the "Signatories-) to the Deltona Settlement Agreement Of July 20, 1982; and WHEREAS, a meeting was held at the Airport on July 23, 1999, among; the Authority and some of the Signatories. The purpose of that meeting was to try to resolve disputes regarding safe operation of the Airport and compliance with the Deltorla Settlement Agreement; and WHEREAS, the participants of said meeting agreed to execute a ?Memorandum of Understanding (INIOU) in furtherance of paragraph no. 14 of the Dcltona Settlement Aureement. NOW, THEREFORE, IT IS HEREBY AGREED %,S FOLLOWS: 1, The Authority, by Resolution to be presented to the Board of County Commissioners. shall urge that said Board forever delimit the Development Areas of the Airport. Said resolution identified as Exhibit A attached hereto and made a Bart hereof. I ication of vea:tation .. Prior to any cutting, trimming. removing or other modif outside the Development Areas, the Authority and The Florida and National Audubon Societies shall cooperatively develop a mutually satisfactory Vegetation 'Management Prop-ram that is approved by the FAA and the FDOT. The Authority agrees to abide b%, approved Progra said m in perpetu . ^itv. Said "Development Areas- identified in Exhibit artached hereto and made a ran hereof. 3. The Authority shall urge the Florida Department of Environmental Protection (FDEP) to amend the Interlocal ingress/Egress Agreement as is proposed in Exhibit C The Authority shall through negotiations Use its best efforts to acquire acquiescence thereto from FDEP, The Authority shall not commence the projects listed in numbered paragraph seven (7) until said amended Agreement Is executed by FDEP and the Collier Couniv Airport Authoritly. 4. Promptly after implementation of numbered paragraphs one (1) throu9b three (3). above, the Authority ;hall submit to the Signatories (for their %,.-ritten comments thereon) each mitigation package hereafter required from the Airport by any State or Federal regulatory agency. 1TEM SE Packet Page -698- 0 4/10/2012 Item 14.A.2. 5. The Authority shall propose to the Board of County Commissioners that the properties located adjacent to the property remaining within it$ ownership outside the "Development Areas" designated pursuant to Exhibit B shall be encumbered by a perpetual conservation easement enforceable by any and all Signatories. This conservation easement shall prohibit all development and management activities within said properties not expressly approved in writing by all of the Signatories. The Authority shall not commence or commit resources toward commencement or implementation of the projects listed in numbered paragraph seven (7). below, until the Airport Authority and County have executed said Conservation Easement. Said Conservation Easement to be prepared by The Conservancy of Southwest Florida and delivered to the Airport Authority for execution, said delivery date no later than 30 days from execution of the MOU, 6. The Authority shall not commence or commit resources toward commencement or implementation of the projects listed in numbered paragraph seven (7). below, unless and until this IIOU has been fully executed. 7. Upon the conclusion of numbered paragraphs one (1) through six (6), above. all of the Signatories that have signed this NIOU thereby agree only to the following projects as further identified in Exhibit B: A. Parallel taxiway on the %est side of the existing rum %xa , 8 Apron hangar area, and C. FAR part 77 Vegetation Management Program. as described in numbered paragraph two (2`. above. R. This MOU hereby expressly atnends the Dettona Settlement Agreement. Agreed to by each Understandim effective _ representative of the entit %. of the parties that have executed this Memorandum of 2000. Each signer is an authorized COLLIER COUNTY AIRPORT AUTHORITY x31' Chairman THE HOARD OF TRUSTEES OF THE INTTERINAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA 0 Packet Page -699- -iWNIj N STEM" �1 SEA' 1 1 ,_G E By-. THE CONSERVANCY OF SOUTHWEST FTORIDA By: Elinor V. Krier, interim President i 4/10/2012 Item 14.A.2. THE NATIONAL AUDUBON SOCIETY and FLORIDA AUDUBON SOCIETY Bv- Stuart Strahl, Ph.]). President. Florida Audubon Society Vice President. National Audubon Society NVIRONINMEINTAL DEFENSE FL-,\D B I a :je T. B. Tripp FLORIDA DIVISION IZAAK WALTON LEAGUE. Juanita Greene, FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Successor to Florida. Department of Ervironrncntal Regulation) r By: E Packet Page -700- A" ='..: 0, 17! E M SF, 4/10/2012 Item 14.A.2. 0 SOUTH FLORIDA WATER MANAGEMENT DISTRICT (By signing this agreement, the District is not waiving any rights or authorities that the SFWMD may have under Chapter 373, Florida Statutes or the Del ona Agreement) 12-0�11 By: /'72 Henry De Execufi>/e Director South' Iorida Water Management District FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (Successor to Florida Department of Community and Veterans Affairs) By: Jh � ,omas 4etkt Direct lion 0'. or=nity Vianning THE DELtONA C-6!Zf5-16 ila E Antony Gram. President COLLIER COUNTY 0 Chairman Collier County Board of County Commissioners Packet Page -701- E FZ ATTF-EM No- -SEP 1 1 260's 4/10/2012 Item 14.A.2. IMS0 LUTtON NO. 200 1- Packet Page -702- 2 3 Rr_1;OLUT 10N OF TIIF BOARD OF COUNTY COMNIISSiUfN1:.1,a TO THE GREATEST EXTENT 4 COLLIER COUNTY, FLORIDA, PROVIDING LAW,TTIAT DEVELorNIENT AT THE 5 NOW OR HEREAFTERALLOWED BY SHALL NEVER OCCUR OITTS'DE 6 MARCO ISLAND EXECUTIVE AIRPORT THE GEOGRAP111C CONFINES OF THE DEVELOPMENT FOOTPRINT 7 8 OF NOW EXISTING IN THAT AIRPORT'S MASTER PLAN 9 to WHEREAS, A Long Range Master Plan exists for development of the Marco Island 11 Executive Airport C'Airpon'); and 12 13 W,"EREAS, in Airport Layout Plan (-ALP") that depicts the ultimate build-out Airpor*, is a of that Master Plan; and I-& development of the Marco Island Executive part is 16 he nscna� Oil wIIEREAS, Tile Conservancy of Southwest Florida and four (4) cit t "CO '-i assurance from the groups" (noted in a Memorandum of Understanding) have requested Board of County Commissioner`, that all development of the Marco Island S 19 Collier County Executive Ai-port shall remain in perpetuity outh%%Tst within the currcn%,*Dcveiopmcnt Areas" of if any, that The Conservancy of % 20 the current Master Plan, except to the extent, Florida, National Audubon Society, Florida Audubon Society, Environmental Defense 21 22 Fund, IZAAK Walton League-Florida Division. at each respective entity's then 23 successor(s) in function, may from tine -to -tine authorize in writing 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUTNY 26 CONtImISSIONERS OF COLLIER COUNTY, FLORIDA, that: 27 2 8 The "Development Are jarco Island Executive Airport, as such footnrint is as - of k Exhibit A. and by reference is incO.Toritcd herein, 29 3() depiLied in the ALP attached hereto as shall never be expanded in geographic area outside of the current footprint except to the .)i extent. if any, that tl I e C onscrvincy of "uthwest Florida, National Audubon Society, mental Defense Fund, IZAAK Walton League - Florida SocietN, Environmental 32 3 Florida Audjbon . Division. or each respective c'Ifitv's then successors} function, im v from time - to -time 33 -1 authorize in writing, flowev County's er, this Resolution does not limit tile then le-al 3S obligations, if anv, to install aids to navication or other things outside of said footprint. 36 but only to tile extent that such aids or other things are then required by law to safely: 37 c operate aircraft into and/or out of the Airport, and only in acc ordance with rite Marco 39 Island Executive Airport Memorandum of Understanding executed hy the signatories to 39 the Delconat Settlement Agree-lent, including the Board of County Commissioners of 40 Collier Courtly, With respect to the aids to nnvig;ition. such aids -hall be limited to aids 41 that are then required to aid *'Aircraft" of the types and sizes allok+ed to land and take off 42 at the Airport asoftine effectwe date of this Resolution'. 43 44 This Resolution adopted this day of September, loot. after motion, second and 1 45 militarily votc favoring adoption. 46 47 49 49 ATTESTED: D'NXIIGHT E. BROCK— Clerk HOARD OF COUNTY CO3%.l%flSSI0NrRS COT LIERCOUNTY, FLORIDA 51 52 53 By; r)cputy 0ork JAMES D. CARTER. 1**h,D.. Chli-Mr, i4 55 36 Approved as to form and 57 legal slifficiency. 59 J 60 Ti nrnaL C. Palmer, 61 62 Assistan, County Attorney AGENDA 1TEM 63 64 EX111BIT No 6.5 3EP If j ?001 Packet Page -702- 4/10/2012 Item 14.8.2. vi aa- - , a s >' i Y l� t11 z .A I � N � • i 3 �m0 Y I It{ j RI T [ Nl l Packet Page -703 ITT ERLOCA-L INGRESSIEGRESS AGREEN-1—M The First Amendment to the IntOrl0cal IngV ressfEgress Agreement (hereinafter "Agreement") is made and entered into this -1&6 day of.0jAaa—:�. 2000, by and between the COLLIER COUNTY AIRPORT BOARD OF bRJDA (hereinafter "The Airport Authority- ) and the AL,74THORITY. COLLIER COUNTY, FL ENT TRUST FUND OF THE STXTE OF FLORIDA, by TRUSTEES OF THE N ITERNAL IMPROVEM and through the Department of Environmental Protection OF FLORIDA (hereinafter "DEP"). W I T N E S S E T Fl: WHEREAS, DEP and Collier County entered into that certain Memurandurn. of Agreement dated the 2"4 day of Februan', 1995, recorded at OR Book 2034. pages 1257 through 1260, Public Records of Collier Countv'. Florida, %vhich provides for DEP to enter into an aareement with the County to provide ingress and caress, over and upon state-oNN-ned lands in accordance with F. cede ra) Aviation Standards. Pan 77; and WHEREAS, Collier County has. by Count), Ordinance No. 95-67, delegated to the Airport Aut iorivy fuli po-,vc- and authority to enter into and administer this Agreement on behalf of the County: and WHEREAS, the DEP and Collier County Airport Authority entered into that eeitain InTerlocal ingress 'Egress Agreement dated januan� 17. 1996. NO\N' THEREFORE, in consideration of the premises, including the above-referenced Inierlo:al Ingress Gress Agreement and the CovIenarts, terms and provisions contained herein, the DEP and the Airp,)rt.-',%.u*'hority agree as follows: 1. Exhibit -% io the Inte-local Iraress./Earess Agreement is deleted in its entirety and replace M a new i - - - Exhibit A attached hereto and made a part hereof. 2. Reference in Paragraph 2 to "11,400 feet Ion- and 2.000 feet wide - is deleted in its entirety. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and vear first above written. AS TO AIRPORT AUTHORITY: ?,TT EST: JOI V.DRURY Y-5CUTIVE DIRECTOR Approved as to form and Legal sufficiency: Thomas C. Palmer, Assistant County Attorney COLLIER COUNTY AIRPORT AUTHORITY COLLIER COL INTY FLORIDA HERB NOREN, CIIAIRMAN Packet Page -704- AGENDA ITEM 3 EXHIBIT "C" 4/10/2012 Item 14.A.2. AS TO DEP: WITNESS 7—� Print Type Witne,gs Name t1 FNESS: /7 "LLi Print,'T% pe %V.-ness.Nanme FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Gloria C. Nielson, Operations and Management Consultant Manager, Bureau of Public Land Administration, Division of State Lands. Department of Environmental Protection STATE OF FLORIDA COUNTY OF LEON 4�1Teo rtgoing instrument was acL-io%Nlcdacd before rre this a-,2 day of j- (41 -74 —. 2000, by Gloria C. Nelson. Operations and 'N'la, nacement Consultant Iwx: per. Burcau of Public Land Administration. Division of Statt Lands, Department of Environmental Protection. for and on behalf of the Board, of Trust.-ts of the Internal Improv--itnt Trust Fund of the State of Florida. She is personally know to me Z'/h1VZ 'Z� INotaeublic, State of Florida syma S. Fob M, My COAT! 15SICIN T 25.2W! PrinvTy e Notary Name WIWXl AU 7" hums, p My Commission Expires: Approved as to form and legality By : C-- DEP Attorney A'aLNIOA ITEM SEP it i 2001 Packet Page -705- L7 0 0 zm LV Attachment C ALA 70. 11 Packet Page -706- 4/10/2012 Item 14.A.2. all Attachment D 4/10/2012 Item 14.x..2. 0 MEMORANDUM To: Mr. Robert Tweedie Airport Manager Marco Island Executive Airport 2005 Mainsail Drive, Suite 1 Naples, FL 34114 Phone (239) 394 -3355 Fax (239) 642 -5427 From: Luis Sanchez, E.I. 5 Date: March 12, 2012 Subject: Taxiway & Ramp Expansion Marco Island Executive Airport Pay Application No. 9 Revised 4/10/2012 Item 14.A.2. MAR 15 2012 Attached is our review of the above referenced invoice. The pay items are in conformance with the Schedule of Bid Items. The referenced work has been completed. The partial amount to be paid to the contractor is as follows: Total to Date $ 5,835,332.48 Less Retainage $ (583,533.25) Total Earned less Retainage $ 5,251,799.23 Less Previous Payment $ 4,353,687.65 Total to be Paid $ 898,111.58 Based on our review we find no exceptions to payment of this invoice. If you have any questions please, give us a call. Attachments. URS Corporation 7650 Corporate Center Drive, Suite 400 Miami, FL 33126.1220 Tel: 305.262.7466 Fax: 305.261.4017 G2 g000 76 • l 7o3 Packet Page -708- 4/10/2012 Item 14.A.2. UMLETTER OF TRANSMITTAL Date: March 12, 2012 DIN No: URS -00031 TO: Mr. Robert Tweedie Airport Manager Marco Island Executive Airport 2005 Mainsail Drive, Suite 1 Naples, FL 34114 Phone (239) 394 -3355 Fax (239) 642 -5427 The following items are being sent: FROM: Luis Sanchez, E.I. URS 7650 Corporate Center Drive, Suite 400 Miami, F133126 (305) 262 -7466 (305) 261 -4017 Fax Attention: Job Number: Reference: MAR 15 2012 ❑ Attached ❑ Under separate cover by ❑ Shop Drawings ❑ Prints ❑ Puns ❑ Samples ❑ Copy of Letter ❑ Contract Documents ® Other ❑ Specifications Mr. Robert Tweedie 38702217.01001 Pay Applications # 9 REV and # 10 Taxiway & Ramp Expansion Marco Island Executive Airport, Collier County, FL Item Copies Date or Number Description 1 1 March 12, 2012 URS Memorandum for Pay Application # 9 REV. 2 6 March 12, 2012 Exhibit "D ": Form of Contract Application for Payment & Schedule of 3 Values for Pay Application # 9 REV. 6 March 12, 2012 Contractor's Conditional Partial Waiver and Release of Lien for Pay Application # 9 REV. 4 1 March 12, 2012 URS Memorandum for Pay Application # 10. 5 6 March 12, 2012 Exhibit "D ": Form of Contract Application for Payment & Schedule of 6 Values for Pay Application # 10. 6 March 12, 2012 Contractor's Conditional Partial Waiver and Release of Lien for Pay Application # 10. Transmittals for reasons checked: ® For Your Approval ❑For Your Use ❑ No Exceptions Taken ❑ As Requested p El Resubmit copies for approval ❑ Make Corrections Noted ❑ Submit copies for distribution ❑ For Review and Comment ❑Amend and Resubmit ❑ Return corrected prints ❑ Remarks: Copies: If enclosures are not as noted, kindly notify us at once. Name: E.I. F: \Collierlma=o islandlTaxiway- ApronlConstruction Management\2.0 - Communication\2.6 -Letter Transmittals Outgoing \00031 Transm to Bob Tweedie pay application # 9 REV and # 1 O.doc Packet Page -709- FORM OF EXHIBIT D Robert Tweedie CONTRACT APPLICATION FOR PAYMENT Collier Coun Air rt �—utho Lounty Proiect Coii,er Coun Mana er >Y Board n J 2_ty De2artmen Collier County Water -Sewer Disc (this OWNER) rs (t e OWNER) or FROM: Brian McKenzie, Project Mana er { IAR I DeAn elis Diamond Construction, inc. (C °ntractors R 6635 Willow Park Drive, (Contractors Namej entative) Nam, FL 34 109 (Contractor's Address) RE: Marco !stand Executive Air rt Taxiwa & Ram Ex ens; Original Contract Time: Revised Contract Time: 270 da 300 da Retainage Q 10% thru 1/31/2012 Retainage @ on $ 583,533.25 Percent Work completed to Date: Percent Contract Time co 99.2% mpleted to Date: Liquidated Damages to be Accrued 20,12 4/10/2012 Item 14.A.2. MAR 8 2012 C7 �S Bid No. Project No. 10 5498 X10 -5498 Application Date 1/3112012 Payment Application No. for Work accomplished through therDatte: 1/31/2012 -�� (Project Name) Original Contract Price Total Change Orders to Date 5.959,000.00 Revised Contract Amount: $ 79,070,00 Total value of Work Completed 5'879,930.00 and stored to Date Less Retainage $ 51835,332.48 Total Earned Less Retainage $ 583,533.25 Less previous payments) $ 5,251,799.23 AMOUNT DUE TF{ig $ 4.353,687.65 APPLICATION: $ 898,111.58 Re ATTACH SCHEDULE OF VALUES maining Contract Balance $ AND ACCOMPANYING CONTRACTOR'S CERTIFICATION: The undersigned CO TOMPANYING DOCUMENTATION TO from O THIS APPLICATION OWNER on account Of Work done under the Contract referrred to a of CONTRACTOR ertifies that: (i.) all previous r RACTOR incurred in connection with W p Progress Payments inclusive; bove have been applied to discharge in ful ll obligations (2) title to all materials and ork covered by prior Applications Pass to OW equipment incorporated in said Woror otherwise for Payment numbered 1 through OWNER at time of payment free and clear of all liens, or otherwise listed in or c as covered by Bond acts covered b 8 acceptable to OWNER ; claims, security interests and encumbrances Y this ApPlicatio�'� and received from the OWNER and that current all amounts have been this Application Paid for work which (except such imfr for Payment proper! P payment is now due; and 4 previous. payments were issued any claims for unauthorized or changed and owing and CONT ()CONTRACTOR has only included Work. P ,ACTOR has not included within the a amounts in O# 45 127226 ged Work that has not been proper) approved pprov hove referenced amount ed by Owner in writing and in advance of such By CONTRACTOR: DeAn elis Diamond Construction, Inc. (contractor's Name) $rran J en r0'ect Mana er l" (Signature) Date: (shall be signed by a duly authorized representative of CONype Name and Title) 7 Z Payment to the CONTRA�M9\(EQ FOR PAVnAf7K I-r cTOR) Y Design Professional: � Payment to the CONTRACTOR for the a BY OWNER'S Project Manager j recommended; (Signature) Date; 6 Fr (TYPe Name and Title) TIONis approved: GC- CA -D -1 Packet Page -710- (signature) Date: ,Type Name and Title) 0 n h D O N Packet Page -711- 4/10/2012 Item 14.A.2. N O N a � 3 m � O 3 o w C m a n �► m c m D 0 J D a m b v f O m' x v m N O' J 9) A z M 0 c r M 0 T s r c M Co O Item 14.A.2. Packet Page -712- o IM m C IT O Tta 0 IM 9 r-Zp =D C a Z C 3 m 0 m 0 'n -I U/ZU I z (A N 0 r AS (n 9. m -8 0 -n M 3 n O. r "N , z a, CD mn 0 0�- CID 37 n 0 10 S m C 50 w go & a m LO m a 0 -4 Cl) 01 EC C M 0 g. ca g C, IT 0 .0 IS CL 0 z C = 0 m C, 10 C m 7� T Fn Q C, > rn Cn 0 n z IT C, 0 C3 M 0 z -.4 IT ti Cn -V m 1> 9 CD C6 > m b Sr m C/I ol C 0 m r , 7q :,4 Sn p p p p N 0 C) m -W 0 0 0 0 0 o 0 o 9 0 0 0 00 0 0 0 mz Ombs 000000 00 o Q zz 8 8880 8 8 8 F, M -4 o T IT 0 0 0 a o C, 0 0 0 rn m -4 --1 > 0 9D u > IT Packet Page -712- o IM m C IT O Tta 0 IM 9 r-Zp =D C a Z C 3 m 0 m 0 'n Packet Page -713- em 14.A.2. A = w 3 � m o � O m M n o � or C a m = a m A _ _A ,i D v 0 m t� C m a 7 2 y wV 1• 1 'J N 9 S Z g p 3 m � o m N N � y n m m v c m m O yT r m m CO 4/1 12 12 It tJ m V P N W W W W w j W N N N N N (y �Xzt z �3 3 ^2�Cc 3 3 3 3 3 3 3 m 0 m m r o - m m m. m. - c` o at rt u mm C1 C")n AC m ?C m C ::k 0 n m o p m 0 y O o n .: _ •. $ N m m m F m m m f1 O q i 55 = ' m x ° 2L E 0 C) o DD � �0] m Wp+ t0 A V A V A Qe m+ O Op A D m C $ S W+ w A V A {NNn A A N p p� N O N f0 rn V A C m r $p m N O N U A U O b A t00 - w N W m W OOi N D QOi L m O A T a 1 0 O O W CNi A W A R A N p+ CNn W OVe(�J fT j f0 Of I�Ui Co p+� p M N U ��-pp• O N (mjt V A A N (Jf L N O OD O L O WWO m OO t0 to N m OW �O +� Ol�j N t0 U O V ooA OOi A D m m a C W D7J pp [n 2 T � m r O O 0 o i m lz r m p m v i x N g a rn rn P S 0 0 S$ 0 S 0 0 O O 0 p 0 S S$ 0 o W S N� w 1 o 0 0 0 0 p0 o b A tp S O$ 8 S 0$ S O O p s m C C C i a �rm d O x m 2 $ m Cn m ° V c n � O v D Ap A� W O m O S V A A py N p (J Oi (Wn tp fY �+ W QNi N N p A� O m S W do O n $ ga'a° $ o g g o o o g S p S O g 6 6 0 $ m m m 3 e a° � a a` ae a° � ae a e a ° a ° a" a a� e -x i m x � m m N lim ff;..- T D V 0 0 0 0 0 0 0 o 0 0 0 (p ('3 °o O g $ °o S $ g S m m P. O ONi V -• A A N O w Oft Co O W N U t V W(11�� 4 b m Of j o D m m D o o S 00 °o °o °o 00 °o °o D $ 0 0° $ o° $ $ $ o= =o =o =o =o o= m (JW�� (pJ z w Lp O W O OO O f A A N O W CT LT P W O+ W ONi + OV N CWn Cn D pp + GJ (J d V A U• P A Cn A CI IJ UI (� t° � <p � A Gi Packet Page -713- em 14.A.2. A = w 3 � m o � O m M n o � or C a m = a m A _ _A ,i D v 0 m t� C m a 7 2 y wV 1• 1 'J N 9 S Z g p 3 m � o m N N � y n m m v c m m O yT r m m CO 4/10/2012 Item 14.A.2. CONTRACTOR'S CONDITIONAL PARTIAL WAIVER AND RELEASE OF LIEN STATE OF FLORIDA COUNTY OF COLLIER Before me, the undersigned authority, personally appeared Steve Soud, who, after first being duly sworn, deposed and says of his personal knowledge as follows: 1. He is the CFO/Principal of DeAngelis Diamond Construction, Inc ( "Contractor "), which does business in the State of Florida, and he has the authority to make this Affidavit. 2. The Contractor, pursuant to a contract approval dated October 10, 2010 with Board of County Commissioners of Collier County, Owner, ( "Contractor "), has furnished or caused to be furnished labor, material and/or services for the construction of certain improvements as more particularly set forth in said contract on the following described property (the "Project "): Marco Island Executive Airport — Contract No. 10 -5498 Construction of Taxiway and Ramp Expansion Marco Island, Florida 3. This Conditional Partial Waiver and Release of Lien is made in accordance with Fla. Stat. §713.20 for the purpose of obtaining a partial payment from the Owner in the amount of $898,111.58. This Conditional Partial Waiver and Release of Lien is expressly conditioned upon payment of the aforementioned partial payment, and shall not be effective until said partial payment is received in paid funds and Owner receives written confirmation from Contractor confirming payment of the same. If said partial payment is to be paid by check or draft, this Partial Waiver and Release of Lien is conditioned upon payment of said check or draft for the period through 1/31/2012. 4. Subject to the condition of payment referenced above, in consideration of said partial payment, Contractor does hereby release and waive its lien and right to claim a lien for labor, services or materials solely to the extent of said partial payment. Provided, however, nothing herein or hereby releases or waives any lien rights or other rights held by Contractor: (i) respecting any retention or labor, material and/or services not hereby expressly released by Contractor; or (ii) respecting the remaining balance still due and owing to Contractor in accordance with the aforementioned contract. 5. Further affiant Sayeth Not. P•i,R 15 2012 Witnes �1 DeAngelis Dia o nstruction, Inc. V By: Steve Sou , CFO/Principal Date�� % �/ Sworn to and subscribed before me this _?� day of �¢�/ , by Steve Soud, as CFO/Principal for DeAngelis Diamond Construction, Inc., who is personally known to me and did not take an oath. My commission expires: (SEAL) �'•�� .n ca.itlS;u;::c�s, ^;:yv'� � 1 =AGr, +'.}[j l'�.1<'i ° •. � Ih• "..m Si;OC CO y♦ 'Y��'!- h:i'F!'�.-�.. •M'1�)tp' ..,h',k'.: r�+.,f':l`. ri:'yd'inS%/" Notary Public, State of Florida Packet Page -714- MEMORANDUM To: Mr. Robert Tweedie Airport Manager Marco Island Executive Airport 2005 Mainsail Drive, Suite 1 Naples, FL 34114 Phone (239) 394 -3355 Fax (239) 642 -5427 From: Luis Sanchez, E.I. �, - S Date: March 21, 2012 Subject: Taxiway & Ramp Expansion Marco Island Executive Airport Pay Application No. 10 REV 4/10/2012 Item 14.A.2. mR 2 2 2012 Attached is our review of the above referenced invoice. The pay items are in conformance with the Schedule of Bid Items. The referenced work has been completed. The partial amount to be paid to the contractor is as follows: Total to Date $ 5,869,603.60 Less Retainage $ (586,960.36) Total Earned less Retainage $ 5,282,643.24 Less Previous Payment S 5.251.799.23 Total to be Paid $ 30,844.01 Based on our review we find no exceptions to payment of this invoice. If you have any questions please, give us a call. 45 -00127 2 z l Attachments. C,-7k 5 0007k 3 23 5 Packet Page -715- 4/10/2012 Item 14.8.2. EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT MAR 2 2012 Robert Tweedie County Proiect Manager) Bid No:; _u S 10 -5498 - .. -- - - Collier County Airport Authority 1County Department) -- Project No. _._...10- 549...... Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) MA 0�\ /r �U 1 Application Date 2/29/2012 FROM: Brian McKenzie, Project Manager (Contractor's Representative) Payment Application No. 10rev DeAngelis Diamond Construction Inc. _ (Contractor's Name) for Work accomplished through the Date: 6635 Willow Park Drive, (Contractor's Address) 2/29/2012 Naples, FL 34109 RE: Marco island Executive Airport Taxiway & Ramp Expansion (Project Name) Original Contract Time: 270 days Revised Contract Time: 300 days Retainage @ 10% thru 2/29/2012 - $ 586,960.36 Retainage @ on _ Percent Work completed to Date: 99.7% Percent Contract Time completed to Date: Original Contract Price Total Change Orders to Date Revised Contract Amount: Total value of Work Completed and stored to Date Less Retainage Total Earned Less Retainage Less previous payment(s) AMOUNT DUE THIS APPLICATION: $ 5,959,000.00 $ (73,034.74 $ 5,865,965.26 $ 5,669,603.60 $ 586,960.36 $ 5,282,64124 $ 5,251,799.23 5 30,844.01 Liquidated Damages to be Accrued $ - Remaining Contract Balance $ 16,361.66 ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations Of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through 9 inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous. payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. PO# 45- 127226 By CONTRACTOR: DeAngelis Diamond Construction, I (Contractor's Name) -� -' (Signature) Date: Bri cK le, Koject Manager (Type Name and Title) (shall be signed by a duly authorized representative of CONTRACTOR) ALAO Payment to the CON7R0 �" I C��� 1' V K T — I TION is recommended: By Design Professional: /`11' Cp RAT __(DF's Name) - 2 1 $y � (Signature} Date: J U = S Fl as 0 t; r I z. f r - 53 , (Type Name and Title) Date Contract i Payment to the CONTRACTOR for the above T DUE THIS ICATION is approved: By OWNER'S Project Manager ` (Signature) Date: ©3� A �a /, (Type Name and Title) GC- CA -D -1 Packet Page -716- m �Oo N �N O a I d D a m � ❑ b U a _N U /C-i fA W W O W J LU W 2 U y C W n W 01 a w 0 Z a 'S x WC 6 Qf y C O U� ❑ E 4/1012012 Item 14.A.2. W J (� N N N r° N O A .- M n °� In O W O aD t° p °l M n tp M p .- O 10 8 m $ $ 'a m— n —01 0 ry< � .. 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E �' = c N ._ c . c n y H w v, ' .� n o o"i m n E� 2 >> E 'm m nci v v- r c rn c °u O 6 d0 m u M d- w U d U .% W W .% x W W ... .- W W - .0 W� c U. u� �Packet -- �� C O n Page O N m - m •• 717 i5 G> -,- _ W V+ O� Q N N �'i P ao d d r R LL o d A 2 3 n d 0 to N Wo Q�NMPADAapO����? �o,�vs9T S lsz p!p N N NN1 O a m O z' ❑ � n Q a nJ ^a:), , CK` `�V)) Q y W 0 w J 7 Q W z U N B m 7 C C 0 U O r M v 4/10/2012 Item 14.A.2. O "� Q t0 N 4 t0 N m O N t�0 m p S O Ot O N l7 O Q r W Li O M S N ^ '_ n Q N S N 1Mfl G ONi S tW� M t° N M CNi A N 0 0 0 0 0 0 0 o c o 0 0 0 0 0 0 o G C LU C9 00 n! 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U Y d a ? 4!A O �7� °omw r°nNwrn�i `.°- °ryn.° -rn, g io,b °o, o oo w d d' R W p VAf N m N N Oi 0 N W ee��jj pp Q IN N Q 1A Q A Q l+) t7 O O c ❑ tp O N M N N N V t.1 Y] P 01 r� a N R I a M N C i W Q f/j 0 m LL W Lu a O A of O Y,l, N O+ m m !ff �A N N .D $Qmou)�in�$!nm. m N O+ < N N m m Q -. ❑ J !li r� P 1'i .- Hj }'Q 2> cai ai� .=co �md �Q ria 9i�ai TT" of !n ui m U m a m a o a z w N m W> fi� H❑ G o 41 U IP�+I W aCl y t a. m m w n ❑ 'y c E 0 U u u CL ^ m ° n o U " d d. o o o U m� s E° E E E N M a�au rn— N m w j-i o 0 o c E $ �r� r m -0 0 0 ��.� 0 0 0 0 E E E E E E E o ^'I� m- E E�a��K o a y 's O ttpp mm _m pp Packet Page - 719 -.'�� � Z NNNNNNN�� w 4/10/2012 Item 14.x..2. 4/10/2012 Item 14.A.2. CONTRACTOR'S CONDITIONAL PARTIAL WAIVER AND RELEASE OF LIEN STATE OF FLORIDA } 'D � 2 ZOO' COUNTY OF COLLIER } t''IAt` "' Before me, the undersigned authority, personally appeared Steve Soud, who, after first being duly sworn, deposed and says of his personal knowledge as follows: 1. He is the CFO/Principal of DeAngelis Diamond Construction, Inc ( "Contractor "), which does business in the State of Florida, and he has the authority to make this Affidavit. 2. The Contractor, pursuant to a contract approval dated October 10, 2010 with Board of County Commissioners of Collier County, Owner, ( "Contractor "), has furnished or caused to be furnished labor, material and/or services for the construction of certain improvements as more particularly set forth in said contract on the following described property (the "Project "): Marco Island Executive Airport -- Contract No. 10 -5498 Construction of Taxiway and Ramp Expansion Marco Island, Florida 3. This Conditional Partial Waiver and Release of Lien is made in accordance with Fla. Stat. §713.20 for the purpose of obtaining a partial payment from the Owner in the amount of $30.844.01. This Conditional Partial Waiver and Release of Lien is expressly conditioned upon payment of the aforementioned partial payment, and shall not be effective until said partial payment is received in paid funds and Owner receives written confirmation from Contractor confirming payment of the same. If said partial payment is to be paid by check or draft, this Partial Waiver and Release of Lien is conditioned upon payment of said check or draft for the period through 2/2912012. 4. Subject to the condition of payment referenced above, in consideration of said partial payment, Contractor does hereby release and waive its lien and right to claim a lien for labor, services or materials solely to the extent of said partial payment. Provided, however, nothing herein or hereby releases or waives any lien rights or other rights held by Contractor: (i) respecting any retention or labor, material and/or services not hereby expressly released by Contractor; or (ii) respecting the remaining balance still due and owing to Contractor in accordance with the aforementioned contract. Further affiant Sayeth Not. Wi e e DeAngjD ' o nslructio n, Inc. By: Steve SO ncipal Date:r�.t�t Sworn to and subscribed before me this:>V day of �. �Q %� by Steve Soud, as CFO /Principal for DeAngelis Diamond Construction, Inc., who is personally known to me and did not take an oath. My commission expires: (SEAL) [5 R,iti.:,?ttlllt� � .\ i "Fii�h `.rytllgt7lL {ke, -'�tle �ue�uaMU�wm ��' +�.m�taw.erhvk��'cGe lk Ic Au sry Public, State of Florida Packet Page -720- MEMORANDUM To: Mr. Robert Tweedie Airport Manager Marco Island Executive Airport 2005 Mainsail Drive, Suite I Naples, FL 34114 Phone (239) 394 -3355 Fax (239) 642 -5427 From: Luis Sanchez, E.I. . S Date: March 21, 2012 Subject. Taxiway & Ramp Expansion Marco Island Executive Airport Pay Application No. 11 4/10/2012 Item 14.A.2. W222012 Attached is our review of the above referenced invoice. The pay items are in conformance with the Schedule of Bid Items. The referenced work has been completed. The partial amount to be paid to the contractor is as follows: Total to Date S 5,885,965.26 Less Retainage $ (588,596.53) Total Earned less Retainage $ 5,297,368.73 Less Previous Payment S 5.282.643.24 Total to be Paid $ 14,725.49 Based on our review we find no exceptions to payment of this invoice. If you have any questions please, give us a call. Attachments. Pb 11±s -6o /2 7 22 Co 2 500077 3 2 37 l atta Pa7� 3-22-/2 Packet Page -721- EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT Robert Tweedie fCounty Project Manager) Collier County Airport Authority (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) FROM: Brian McKenzie, Project Manager (Contractor's Representative) DeAngelis Diamond Construction, Inc. (Contractor's Name) 6635 Willow Park Drive, (Contractor's Address) Naples, FL 34109 4/10/2012 Item 14.A.2. MAR 2 1 2012 �5 Bid Nd. 10 -5498 Project No. 10 -5498 Application Date 3115/2012 Payment Application No. 11 for Work accomplished through the Date: RE: Marco island Executive Airport Taxiway & Ramp Expansion (Project Name) Original Contract Time: 270 days Revised Contract Time: 300 days Retainage @ 10% thru 3/31/2012 - $ 588,596.53 Retainage @ on - Percent Work completed to Date: 100.0% Percent Contract Time completed to Date: Liquidated Damages to be Accrued $ - 3/1612012 Original Contract Price $ 5,959,000.00 Total Change Orders to Date $ (73,034.74) Revised Contract Amount: $ 5,885,965.26 Total value of Work Completed and stored to Date $ 5,885,965.26 Less Retainage $ 588,596.53 Total Earned Less Retainage $ 5,297,368.73 Less previous payment(s) $ 5,282,643.24 AMOUNT DUE THIS APPLICATION: $ 14,725.49 Remaining Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through 10 inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous. payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. PO# 45- 127226 By CONTRACTOR: DeAngelis Diamond Construction, Inc. (Contractor's Name) (Signature) Date: t ria cKenzie�Project Manager _ (Type Name and Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT APPROVED FOR, By Design Professional: kv Payment to the CONTRA�i' By OWNER'S Project Manager TI is recommended; T( P's Name) _(Signature) Date: 6g �2 Y (Type Name and Title) TION is approved 1:3,2 1- JZ (Signature) Date: Q Z.� -/ d, &Pply,,' -� AOOOFZ(Type Name and Title) GC- CA -D -1 Packet Page -722- � N ^ F 0 z 8 L Cn w J LL O L4 J M in w x v O a w J LY IL w P r 0 e Q m u x w r 'D N m 7 — C o E F Z 67 � S ?' X o w a` 4/10/2012 Item 14.A.2. 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LL deo O d � ° W J W p A N m 0 (O (V Oi m lfi N lV .- rndmplri W <n dlnNOVlm A r (p} r• m N O O N (7 la YJ tD In h a In Pl In r >n d OI d N l7 r M N t7 ° J W Q d OI d r N O O) U U) Lei I � m �! ' »t W Q t r s. y O v omZ aEio m O Z W N 'v t� U m m .t i O mw `mt a v m m m U U O 7 C C m W d N m m m n3. GSS m l J E �W W E -o a U m v g w u 5p rtd 7 ��� S: o v o 9 o f E u L) E m > m W � m� d 9m V C� m 9• N `� •C � m 0 N W 0 0 m m `0 N of rn N E m m m 0 m m Q itd it ik In Ilii z E c c m m v m v_ c '3 t. E E E E E E E t m• a m m �- 'e �'�l^ � m L L L L UUU O W z r fp Packet Page 725 p K W W 4/10/2012 Item 14.x,.2. 4/10/2012 Item 14.A.2. CONTRACTOR'S CONDITIONAL PARTIAL WAIVER AND RELEASE OF LIEN STATE OF FLORIDA COUNTY OF COLLIER Before me, the undersigned authority, personally appeared Steve Soud, who, after first being duly sworn, deposed and says of his personal knowledge as follows: 1. He is the CFO/Principal of DeAngelis Diamond Construction, Inc ( "Contractor "), which does business in the State of Florida, and he has the authority to make this Affidavit. 2. The Contractor, pursuant to a contract approval dated October 10„ 2010 with Board of County Commissioners of Collier County, Owner, ( "Contractor "), has furnished or caused to be furnished labor, material and/or services for the construction of certain improvements as more particularly set forth in said contract on the following described property (the "Project "): Marco Island Executive Airport - Contract No. 10 -5498 Construction of Taxiway and Ramp Expansion Marco Island, Florida 3. This Conditional Partial Waiver and Release of Lien is made in accordance with Fla. Stat. §713.20 for the purpose of obtaining a partial payment from the Owner in the amount of SS 149. This Conditional Partial Waiver and Release of Lien is expressly conditioned upon payment of the aforementioned partial payment, and shall not be effective until said partial payment is received in paid funds and Owner receives written confirmation from Contractor confirming payment of the same. If said partial payment is to be paid by check or draft, this Partial Waiver and Release of Lien is conditioned upon payment of said check or draft for the period through 03/15/2012. 4. Subject to the condition of payment referenced above, in consideration of said partial payment, Contractor does hereby release and waive its lien and right to claim a lien for labor, services or materials solely to the extent of said partial payment. Provided, however, nothing herein or hereby releases or waives any lien rights or other rights held by Contractor: (i) respecting any retention or labor, material and/or services not hereby expressly released by Contractor; or (ii) respecting the remaining balance still due and owing to Contractor in accordance with the aforementioned contract. 5. Further affiant Sayeth Not. Wi es: DeAngelis a Construction, Inc. By: Steve Soud, CFO/Principal Date: �d - .1.{J 2012 Sworn to and subscribed before me this o-4 da CFO/Principal for DeAngelis Diamond Construction, Inc., take an oath � of �i 2012, by Steve Soud, as who is personally known to me and did not My commission expir sl'"" DEBJith A. MlJt RAY UD "18699 Notary Public, State of Flo rd 0 AT �� ry,PiP.ES. � :caf : : : :1 : :06. 2C13 (SEAL) 9 14w.14401 0 y ht 'w s Duwum Assoc Co C a40?`.S�.SaT :SJ`':`+s :; ds .,. :,j•�:fo-r:A.Rfi3tA4 =f^ Packet Page -726-