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Agenda 12/13/2011 Item #16G2Proposed Agenda Changes Board of County Commissioners Meeting December 13, 2011 MOVE ITEM #16G2 TO ITEM #13A3: RECOMMENDATION TO APPROVE AND RATIFY STAFF'S tIZATION UNAUTHORIZED APPROVAL OF CHANGE ORDER #1 FOR A TIME EXTENSION TO Q. GRADY MINOR AND ASSOCIATES, PA (WORK ORDER , #4500116917) AND MAKE A FINDING OF QUANTUM MERUIT IN ORDER TO PROCESS INVOICES FOR PHASE 2 PERMITTING WORK AT THE - IMMOKALEE REGIONAL AIRPORT. (COMMISSIONER HILLER'S REQUEST TO MOVE ITEM /LANGUAGE REVISED AT COUNTY ATTORNEY'S REQUEST) Continue Item 9K to the January 10 2012 BCC Meeting: This item continued from the November 8, 2011 BCC Meeting. Recommendation to approve a Resolution acknowledging the Board of County Commissioners support of Senate Bill 192 pertaining to amending the procedures for merger and dissolution of two or more independent special districts. (Commissioner Henning's request) Move Item 16A4 to Item 1OP• This item requires ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Arthrex Commerce Park, approve, the standard form Construction and Maintenance Agreement and approve amount of the performance security. (Commissioner Hiller's request) Move Item 16A16 to Item 100: Recommendation to approve the release of lien in the Code Enforcement Action entitled Board of County Commissioners vs. Jack and Emma Mae Barrs, Code Enforcement Board Case No. 2002 -008, relating to property located at 2990 Sunset Boulevard, Collier County, Florida. (Commissioner Hiller's request) Move Item 16A19 to Item 10L: This item requires ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation for the Board of County Commissioners (Board) to accept a process to review past Staff Clarifications and Official Interpretations of the Land Development and Building Codes and to accept specific Staff Clarifications and Official Interpretations attached to this Executive Summary. (Official Interpretations are quasi - judicial.) (Commissioner Henning's request) Move Item 16A21 to Item 10N• Recommendation to approve the issuance of a building permit prior to the approval of a Planned Unit Development Rezone and Site Development Plan Amendment, for a twenty five thousand square -foot classroom and office addition to the existing Community School of Naples, not to exceed the same existing upper school building height of thirty two feet. (Commissioner Hiller's request) Move Item 16A24 to Item 10M: Recommendation to direct the County Manager, or his designee, to suspend the collection of Affordable Housing Contributions, pending Board decision on a Land Development Code Amendment to remove Affordable Housing Contribution commitments. (Commissioner Hiller's request) Continue Item 16 to the lannuary 2 201 BCC Meeting: Recommendation to approve the third amendment to the cooperative agreement with the South Florida Water Management District, Agreement No. C- 11759, regarding operation and maintenance of designated primary watercourses in Collier County, modifying the agreement terms and extending the term until September 30, 2024. (Staffs request to address concerns with property owners along affected canals that are subjects of the agreement.) Move Item 1612 to Item 13133: Recommendation to approve a Resolution certifying the statutory dedication and acceptance of portions of South First Street through South Ninth Street, South Sixth Court, Boston, Colorado, Delaware and West Eustis Avenues, all located in Immokalee, Florida, also being a part of Section 4, Township 47 South, Range 29 East, of the Public Records of Collier County, Florida, by virtue of the County's continuous and uninterrupted maintenance of the roadway in excess of seven years and authorize the filing of a Right -of -Way map being more specifically shown in Exhibit "A" (Fiscal Impact: $53.50). (Commissioner Hiller's request) Delete Item 16C13: Recommendation to approve an Agreement with Adam J. Piskadlo and Barbara K. Piskadlo for the purchase of property for the relocation of sub-master pumping station 300.06 at a cost not to exceed $78,000, Project Number 70046. (Staff request due to reconsideration of sale by property owner) Continue Indefinitely Item 16D12: Recommendation to approve and authorize the Chairman to sign the "Certification for Implementation of Regulatory Reform Activities Required by S.H.I.P" and reports for fiscal years 2006/07,2007/08, and 2008/09 and authorize submission to Florida Housing Finance Corporation to ensure compliance with program requirements. (Staff request, allowing additional time to collaborate with Florida Housing Coalition (FHC), the County's SHIP technical advisor, on report contents.) Move Item 1603 to Item 13A4• Recommendation to approve and ratify Staffs authei izatien unauthorized approval of Change Order #2 to Passarella and Associates, Inca (Work Order #4500116918) for a time extension and make a finding of quantum meruit in order to process invoices for Phase II environmental permitting work at the Immokalee Regional Airport. (Commissioner Hiller's request to move item /language revised at County Attorney's request) Move Item 17A to Item 8C1. Recommendation to approve a resolution allowing the Collier County Water- Sewer District to expand the water and wastewater service district boundaries to include portions of the development known as Hacienda Lakes, and surrounding areas, that are currently outside the existing boundaries. (Commissioner Hiller's request) `„ Items 13A3 and 13A4: Requested to be heard prior to Item 13A1. (Commissioner Hiller's request) Item 16A6 requires that ex parte disclosure be provided, by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. (County Attorney's request) Item 9M to be heard at 5 :00 p.m. Item 9L to be heard at 5:15 p.m. Item 108 to be heard at 10:45a.m. Item 10H to be heard at 1:00 p.m., followed by Items 10L, 101 and 8A Item 11A to be heard at 4:30 p.m. Item 12A to be heard at 4:00 p.m. 12/13/2011 Item 16.G.2. EXECUTIVE SUMMARY Recommendation to approve and ratify Staffs authorization of Change Order #1 for a time extension to Q. Grady Minor and Associates, PA Work Order #4500116917 in order to process invoices for Phase 2 permitting work at the Immokalee Regional Airport. OBJECTIVE: For the Board to approve and ratify Staff s authorization of an extension to an expired work order. CONSIDERATIONS: Collier County entered into Contract #06 -3969 with Q. Grady Minor and Associates, PA on September 26, 2006 for Professional Engineering Services. This Contract expired on September 25, 2010. A work order was issued on February 8, 2010 in the amount of $86,820 while the master agreement was still in effect. The work order authorized Q. Grady Minor and Associates, PA to perform and complete engineering services necessary to modify the Environmental Resource Permit (ERP) as required for phase 2 development at the Immokalee Regional Airport. All the work on these invoices was done after the original Work Order expired on 4/1/11. This change order is for a time extension only, through August 26, 2011, which will allow the remaining three invoices to be processed. A breakdown of the invoice information is as follows: Invoice Received Work Performed Amount Sept. 12, 2011 7/30/11 - 8/26/11 $ 405.00 July 13, 2011 5/28/11- 6/24/11 $ 781.25 June 14, 2011 4/30/11 - 5/27/11 $ 983.00 $2,169.25 The scope of this work order is to modify the ERP for the Immokalee Regional Airport to allow development at the airport beyond the already permitted area. Modification of the ERP requires review and approval by the South Florida Water Management District (SFWMD), US Army Corps of Engineer (COE), US Fish and Wildlife Service's ( USFWS), and the County. The project has been delayed in the USFWS review process. The biological assessment was submitted to the USFWS in December 2010. To date, USFWS has not yet reviewed the information. This has caused a delay in the COE permitting schedule, since coordination with USFWS is an essential component in the process. Staff recommends that the Board approve this Change Order to the Work Order for a time extension only to enable Finance to process invoices. FISCAL IMPACT: The fiscal impact of this Executive Summary is $2,169.00 which represents the balance of invoices for work completed through August 26, 2011. LEGAL CONSIDERATIONS: The County Attorney is providing an "after the fact" review of staff's unauthorized extension of the Work Order through Change Order. If the Board wishes to approve payment to the vendor, the Board may ratify staff's unauthorized action of request for services and then make a finding of quantum meruit based on the value of the benefit received. This item requires majority vote and is legally sufficient for Board action. — CMG GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. Packet Page -3486- 12/13/2011 Item 16.G.2. RECOMMENDATION: The Board approves and ratifies Staff s authorization of Change Order #I to extend Work Order #4500116917 to Q. Grady Minor and Associates, PA until August 26, 2011 in order for Finance to process and pay the Consultant's invoices. Prepared by: Chris Curry, Executive Director, Airport Authority Attachments: Proposed Change Order, Outstanding Invoices Packet Page -3487- 12/13/2011 Item 16.G.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.G.2. Item Summary: Recommendation to approve and ratify Staff's authorization of Change Order #1 for a time extension to Q. Grady Minor and Associates, PA Work Order #4500116917 in order to process invoices for Phase 2 permitting work at the Immokalee Regional Airport. Meeting Date: 12/13/2011 Prepared By Name: BrueggemanDebra Title: Operations Coordinator, Airport Authority 11/23/2011 3:38:10 PM Submitted by Title: Executive Director - Airport Authority,Airport Authority Name: CurryChris 11/23/20113:38:12 PM Approved By Name: CurryChris Title: Executive Director - Airport Authority,Airport Authority Date: 11/23/20114:24:09 PM Name: WardKelsey Title: Manager - Contracts Administration,Purchasing & Ge Date: 11/28/2011 1:20:54 PM Name: CarnellSteve Title: Director - Purchasing/General Services,Purchasing Date: 11/29/20117:59:12 PM Name: GreeneColleen Title: Assistant County Attomey,County Attorney Date: 11/30/2011 12:14:25 PM Packet Page -3488- Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management & B Date: 11/30/20112:14:03 PM Name: KlatzkowJeff Title: County Attorney, Date: 12/1/20119:41:26 AM Name: OchsLeo Title: County Manager Date: 12/1/20115:42:09 PM Packet Page -3489- 12/13/2011 Item 16.G.2. 12/13/2011 Item 16.G.2. CHANGE ORDER #1 TO WORKORDER # 4500116917 TO: FROM: Q. Grady Minor & Associates, P.A. Collier County Airport Authority 3800 Via Del Rey 2005 Mainsail Drive, Suite I Bonita Springs, FL 34134 Naples, FL 341.14 Project Name: Phase 2 Project Number: 50073 Immolcalee Regional Airport Work Order Dates: February 8, 2010 Work Order No: 45001.16917 Change Order No: 1 Date: Gei ebe- 46 - CCAA Tracking No: QGM -FT- 3969 -10 -05 0 a cr_s, -, Y 3 0 c , i Change Order Purpose: This Change Order is to amend the schedule follows. Original contract time in calendar days ................................ ............360 days This change order adjusted time is ..................................................... 148 days Revised Time in Working Days ........................................................ 508 days ....................... Original Notice to Proceed date ...... ............................... ............... .....April 1, 2010 .. Completion date based on original contract time .................... .April 1, 2011 Revised completion date due to change order(s) ............................... August 26, 2011 Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in said Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, to this Agreement shall constitute a full and final settlement of any and all claims ring out of, or related to, the change set forth herein, including claims for impact and delay costs; CONSULTANT:.. ATTEST: GRADY MINOR;& ASSOCIATES, P.A. Signatur Marl-, Mino, President COLLIER COUNTY ORT AUTHORITY: homas Vergo, Airport Man e Chris Curry, Executive ir r Packet Page -3490- W A71 Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 239 -947 -1144 Collier County Airport Authority Chris Curry 2005 Mainsail Drive, Suite 1 Naples, FL 34114 -8955 Billing Period 4/30 to 5/27/2011 PO #4500116917; NTP 4/01/10; Project No. 50073; End Date 05126/12 Respond to SFWMD for ERP comments. �(r1 Task 1 Plan Preparation Task 2 County Permitting Task 3 ERP Modification Thru SFWMD Task 4 ISWD & FDEP Permitting Task 5 Boundary & Topographic Survey Task 6 Reimbursables AI Professional Services Administrative Assistant Project Manager Designer Reimbursabies Deliveries 11�0' G jo 91529 (96ut ' 12/13/2011 Item 16.G.2. �t JUN 14 21 Invoice number "31 Date 06/09/2m pA Project CCAAIERP2 Immokalee Regional Airport ERP Phase 2 Contract Amount 27,000.00.1- 20,420.00,/ / 21,100.00 8,000.00-- 7,800.00 ✓ 2,500.00 V Prior Billed 26,997. 19,527.50,/ 18,502.50/ 7,998.75 7,800.00-/ 1,329.53/ 82,15 Total Billed 97.50 19,527.50 19,467.50 7,998.75 7,800.00 1,347.53 83,13 Current Billed 0.00 0.00 965.00/ 0.00 0.00 18.00 983.00 J Billed Hours Rate / Amount 1.00 3.00 50.00 135.00/11' 50.00 405.00 6.00 85.00 /" 510.00 Billed Rate Amount 9.0 18.00 total 983.00 MM 4- Collier County Airport Authority Invoice number 54833 Invoice date 06/0912011 Packet Page -3491- Page 1 i 1 J Li 9 CHARGE TO: Q Grady Minor -FM PICKUPAT Q Grady Minor -FM CONTACT Brent Addison ADDRESS 11940 Fairway Lakes Drive Suite 6 PHONE 239-690 -4380 CITY ROUND TRIP Fort Myers ZIP CODE 33913 DELIVER TO Florida Department of Environmental CONTACT EJ Jackson 2295 Victoria Ave Ste 364 PHONE 239.332.6975 CITY Fort Myers ZIP CODE 33901 -3884 SIGNATURE (PLEASE PRINT) Same Day X DRIVER # PICK I DEL Packet Page -3492- 12/13/2011 Item 16.G.2. • 0 • DATE # PIECES 4/4/11 1 SPECIAL INSTRUCTIONS ROUND TRIP TOTAL WEIGHT No 1 lbs. READY TIME 4/4/11 11:44 AM SERVICE TYPE PACKAGETYPE Same Day Documents DRIVER # PICK I DEL REFERENCE CCAAIERP2 /A& 239- 277 -1014 PICKUP AT Q Grady Minor -FM ADDRESS 11940 Fairway Lakes Drive Suite 6 C Fort Myers 2295 Victoria Ave. #364 CITY Fort Myers k, CHARGE TO: Q Grady Minor -FM Brent Addison PHONE 239 - 690 -4380 ZIP CODE 33913 CONTACT Ms. Janice Ingram PHONE 344 -5652 ZIP CODE 33901 Packet Page -3493- 12/13/2011 Item 16.G.2. 92626 12/13/2011 Item 16.G.2. Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 239- 947 -1144 Collier County Airport Authority Chris Curry 2005 Mainsail Drive, Suite 1 Naples, FL 34114 -8955 Billing Period 5/28 to 6/24/2011 PO #4500116917; NTP 4/01/10; Project No. 50073; End Date 05/26/12 Finalize ERP permit. JUL. 13 2011 Invoice number 54948 Date 07/08/2011 Project CCAAIERP2 Immokalee Regional Airport ERP Phase 2 Description Contract Amount Prior Billed Total Billed Task 1 Plan Preparation 27,000.00 26,997.50 26,997.50 Task 2 County Permitting 20,420.00 19,527.50 19,527.50 Task 3 ERP Modification Thru SFWMD 21,100.00 19,467.50 20,248.75 Task 4 ISWD & FDEP Permitting 8,000.00 7,998.75 7,998.75 Task 5 Boundary & Topographic Survey 7,800.00 7,800.00 7,800.00 Task 6 Reimbursables 2,500.00 1,347.53 1,347.53 Professional Services Project Manager Designer Total 86,820.00 83,138.78 83,920.03 RECEIVED JUL 15 2011 FINANCE G /Z 5000 7 1 4(7 3 2 Wad PcX7 -Z_,3 -Ili Current Billed 0.00 0.00 781.25 0.00 0.00 0.00 7A1 7r, Billed H ur Rate Amount 5.0 135.00 675.00 1.2 85.00 106.25 Invoice total 781.25 I' 6 Collier County Airport Authority Invnira naimhar SAUR Invoice date 07/08/2011 Packet Page -3494- Page 1 Collier County Airport Authority Chris Curry 2005 Mainsail Drive, Suite 1 Naples, FL 34114 -8955 0. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 239 - 947 -1144 Invoice number SEP 20 2011 Date Billing Period 7/30 to 8/26/2011 PO #4500116917; NTP 4/01110; Project_No. 50073; End Date 05/26/12 Coordinate with ACOE and USFWS. 12/13/2011 Item 16.G.2. A�C�� 55241 c'0 09/08/2011 Project CCAAIERP2 Immokalee Regional Airport ERP Phase 2 Total 86,820.00 83,920.03 84,325.03 405.00 Professional Services Billed Hours Rate Amount Project Manager _,3.00 135.00 405.00 ' Invoice total 405.00 CR 5000 ?2 89 ,qo �� CC U1011- Collier County Airport Authority Invoice number 55241 Invoice date 09108/2011 Packet Page -3495- Page 1 Contract Prior Total Current Description Amount Billed Billed Billed Task 1 Plan Preparation 27,000.00 26,997.50 26,997.50 0.00 Task 2 County Permitting 20,420.00 19,527.50 19,527.50 0.00 Task 3 ERP Modification Thru SFWMD 21,100.00 20,248.75 20,653.75 405.00 Task 4 ISWD & FDEP Permitting 8,000.00 7,998.75 7,998.75 0.00 Task 5 Boundary & Topographic Survey 7,800.00 7,800.00 7,800.00 0.00 Task 6 Reimbursables 2,500.00 1,347.53 1,347.53 0.00 Total 86,820.00 83,920.03 84,325.03 405.00 Professional Services Billed Hours Rate Amount Project Manager _,3.00 135.00 405.00 ' Invoice total 405.00 CR 5000 ?2 89 ,qo �� CC U1011- Collier County Airport Authority Invoice number 55241 Invoice date 09108/2011 Packet Page -3495- Page 1