Backup Documents 12/02-03/2008 R
BOARD OF COUNTY
COMMISSIONER'S
REGULAR
MEETING
BACK-UP
DOCUMENTS
DECEMBER 2-3, 2008
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
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AGENDA
December 2-3, 2008
9:00 AM
Tom Henning, BCC Chairman Commissioner, District 3
Donna Fiala, BCC Vice-Chairman Commissioner, District 1; CRAB Chairman
Jim Coletta, BCC Commissioner, District 5; CRAB Vice-Chairman
Frank Halas, BCC Commissioner, District 2 (Absent 12-3-08)
Fred W. Coyle, BCC Commissioner, District 4
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM
MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER
WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL
RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY
THE CHAIRMAN.
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, 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 MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
December 2-3, 2008
Page 1
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.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Pastor 1. R. Pagan, International Worship Center
Absent - Invocation given by County Manager Jim Mudd
2. AGENDA AND MINUTES
A. Approval of to day's regular, consent and summary agenda as amended. (Ex
Parte Disclosure provided by Commission members for consent and
summary agenda.)
Approved and/or Adopted w/changes - 5/0
B. October 22,2008 - Value Adjustment Board Hearing Meeting with Special
Magistrate Scott Watson
Approved as presented - 5/0
C. October 24,2008 - Value Adjustment Board Hearing Meeting with Special
Magistrate Mark Pelletier
Approved as presented - 5/0
D. October 28, 2008 - BCC/Regular Meeting
Approved as presented - 5/0
December 2-3, 2008
Page 2
E. October 30, 2008 - BCC/LDC Meeting
Approved as presented - 5/0
F. November 3,2008 - BCC/AUIR Meeting
Approved as presented - 5/0
G. November 5, 2008 - Value Adjustment Board Special Meeting with Special
Magistrate Mark Pelletier
Approved as presented - 5/0
H. November 7, 2008 - Value Adjustment Board Hearing Meeting with Special
Magistrate Davia Mazur
Approved as presented - 5/0
I. November 10,2008 - Value Adjustment Board Meeting
Approved as presented - 5/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
Added - Direction given in Agenda Item #15A
A. Floyd Crews - 10 years on the Immokalee Enterprise Zone Development
Agency
Continued to later in meeting
4. PROCLAMATIONS
A. Proclamation endorsing and supporting the activities of the Economic
Development Council's Project Innovation. To be accepted by Tammie
Nemecek, Bill O'Neill, Chris Doyle, Dolph Von Arx and Representative
Tom Grady.
Adopted - 5/0
5. PRESENTATIONS
6. PUBLIC PETITIONS
A. Public petition request by David Schimmel to discuss donation of County
Property at 425 I st Street North, Immokalee, FL.
To be brought back to a future BCC Meeting in January, 2009 with
options - Consensus
December 2-3, 2008
Page 3
B. Public petition request by Jim Dishinger to discuss main gate access at
Forest Glen.
Motion for staff to bring back w/alternatives for consideration
Approved - 5/0
C. Public petition request by Juan Barrera to discuss After The Fact Fee on
Permit #2008060365.
Motion to reduce fee to 1 Yz times the fee - Approved 4/1 (Commissioner
Halas opposed)
D. This item continued from the November 18.2008 BCC Meetinl!. Public
petition request by Jamesdon Stevens to discuss bid process for Solicitation
Number 08-5123.
Discussed
E. Public petition request by Aisling Swift to discuss vegetation buffer between
New Hope Ministries, Briar Landings, Lake Pointe Condominiums and The
Enclave.
Gave direction for homeowners to meet with developer and discuss
options regarding a wall versus a vegetation buffer and come to an
agreement for both parties
F. Public petition request by Antonia Soto to discuss migrant worker transport
bus parking.
Petitioner not present
Item 7 and 8 to be heard no sooner than 1:00 n.m.. unless otherwise noted.
7. BOARD OF ZONING APPEALS
A. This item requires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. SV-2008-AR-13374
Naples Grande Beach Resort, represented by Hunter Hansen, requesting
seven variances. The first six Variances are from the Land Development
Code (LDC) Section 5.06.04 C.I., which requires a minimurn separation of
1,000 lineal feet between signs, to allow a sign separation of 66 feet, 40 feet,
156 feet, 66 feet,71 feet, and 96 feet. The seventh Variance is from LDC
Section 5.06.04 C.I., which permits a maximum of two pole signs per street
frontage, to permit a maximum of four signs along a street frontage. The
subject property is located at 475 Seagate Drive, in Section 9, Township 49
December 2-3, 2008
Page 4
South, Range 25 East, Collier County, Florida. CTS
Resolution 2008-350: Approving signs A, B & C - Adopted 5/0
Continued indefinitely
B. This item requires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. SV-2008-AR-13395
Immokalee-Wood, LLC, represented by Michael R. Fernandez of Planning
Development, Inc., is requesting a variance from the Land Development
Code (LDC) Section 5.06.04 C.l. to reduce the minimum separation of
1,000 lineal feet between signs to allow a sign separation of 276 feet. The
subject property is located at 2600 Immokalee Road, Section 25, Township
48 South, Range 25 East, Collier County, Florida. (CTS)
C. This item requires that ex parte disclosure be provided bv Commission
Members. Should a hearinl! be held on this item, all participants are
required to be sworn in. ADA-2008-AR-1373 I (AC) Monte Carlo Club
Condominium Association, Inc., represented by Quin L. Kurth of Turrell,
Hall and Associates, Inc., requesting an appeal to the Board of Zoning
Appeals ofa decision of the Collier County Planning Commission in
Resolution No. 08-03 denying Petition BD-2006-AR-9061 that requested a
15-foot boat dock extension over the maximum 20-foot protrusion limit as
provided in Section 5.03.06 of the Land Development Code to allow a 35-
foot boat dock facility accommodating 20 additional boat slips for property
described as Lots I and 2, Block B of Baker-Carroll Point Unit 2
Subdivision in Section 29, Township 48 South, Range 25 East, Collier
County, Florida (part of the Monte Carlo Club Condominium).
Motion to uphold the Planning Commission's findings - Failed 1/4
(Commissioner Henning, Commissioner Coyle, Commissioner Coletta
and Commissioner Fiala opposed); Motion to remand this item back to
the Planning Commission with a request for formal interpretation and
reasons for initial denial in accordance with the LDC - Approved 5/0
8. ADVERTISED PUBLIC HEARINGS
Moved from Item #17B
A. Recommendation that Board of County Commissioners repeals and replaces
Ordinance No. 74-7, through adoption of an ordinance prohibiting
unauthorized camping in the unincorporated areas of Collier County.
Ordinance 2008-65 - Adopted 5/0
December 2-3, 2008
Page 5
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Development Services Advisory
Committee.
Resolution 2008-351: Re-appointing Robert Mulhere (w/waiver of term
limits), George H. Hermanson, Dalas D. Disney (w/waiver of term
limits), William J. Varian and David Dunnavant - Adopted 5/0
B. Appointment of members to the Isles of Capri Fire Control District Advisory
Committee.
Resolution 2008-352: Re-appointing Thomas Decker and Joseph
Langkawel - Adopted 5/0
C. This item to be heard at 11:30 a.m. To reconsider the Board of County
Commissioners direction for the EAC and the CCPC to hold a joint
workshop to hear the RLSA Phase II report.
Motion to have each advisory group review separately and instruct staff
to move forward without delay - Approved 5/0
10. COUNTY MANAGER'S REPORT
A. This item continued from the November 18,2008 BCC Meetinl!.
Presentation to the Board of County Commissioners to provide an annual
update and comparison of the local area housing market and the status of
current affordable housing programs, funding amounts and assistance
strategies. (Marcy Krumbine, Housing and Human Services Director)
Motion to accept presentation - Approved 5/0
B. Recommendation to adopt a resolution authorizing the condemnation ofland
and easements necessary for the construction of roadway, drainage and
utility improvements required for the expansion of Collier Boulevard from
four lanes to six lanes from Green Boulevard to Golden Gate Boulevard,
including portions east on White Boulevard and west on Pine Ridge Road
(Project No. 68056). Estimated fiscal impact: $13,052,361. (Norman Feder,
Transportation Services Administrator)
Resolution 2008-353 - Adopted 4/0 (Commissioner Fiala absent)
C. Recommendation that the Board of County Commissioners approve the
proposal regarding the Executive Manager to the BCC. (Jim Mudd, County
Manager)
December 2-3, 2008
Page 6
Motion to have Mike Sheffield to work with the Board Office while
continuing to carry out his duties in the County Manager's Office;
Executive Manager Sue Filson will relocate to the Budget Office but will
retain Board specified duties, including advisory board appointments
and as BCC Meeting secretary - Approved 4/1 (Commissioner Coyle
opposed);
On 12-3-08: See County Manager Mudd's comment on Agenda Item
#15C
D. This item to be heard at 11:00 a.m. Recommendation that the Board of
County Commissioners determine the Fiscal Year 2009 capital projects to be
programmed based on the $1 ,S03,392 turn-back revenue allocated to the
Landscape Beautification Master Plan and the three projects scheduled for
landscaping. (Norman Feder, Transportation Services Administrator.)
Motion to combine Options #2 & #3 and obtain bids for all 3 projects
and wavier of local preference - Approved 4/1 (Commissioner Coletta
opposed)
E. Recommendation that the Board of County Commissioners provide the
County Manager or his designee with guidance on whether reimbursement
to the Conservation Collier Program from other County Departments for
Panther Habitat Unit Mitigation Credits at the Starnes property is
appropriate, and if appropriate, guidance on the amount of the
reimbursement. (Melissa Hennig, Principal Environmental Specialist)
Motion to approve Option #2 - Approved 4/1 (Commissioner Coletta
opposed)
F. This item to be heard at 2:30 p.m. Recommendation that the Board of
County Commissioners provide direction to staff for the disposal of Delasol
Neighborhood Park.
Motion to approve Option #2 - Approved 3/2 (Commissioner Halas and
Commissioner Coyle opposed)
December 3, 2008
G. Recommendation to review and approve the proposed addition of Economic
Development to the list of Collier County 2009 State Legislative Priorities as
proposed by the Economic Development Council at the joint Board of
County Commissioners and Collier County Legislative Delegation Pre 2009
Legislative Session Workshop held on November 14, 200S. (Debbie Wight,
Assistant to the County Manager.)
December 2-3, 2008
Page 7
Motion to approve as modified - Approved 4/0 (Commissioner Halas
absent)
December 3, 2008
Moved from Item #16AI0
H. Recommendation to obtain direction from the Board of County
Commissioners to amend the appropriate portions of the Litter, Weed and
Exotics Control Ordinance found in the Collier County Code of Laws and
Ordinances, specifically relating to the abatement of weed, grass and other
similar overgrowth in excess of IS inches in height to include a requirement
that presently exempt Estates zoned lots be required to have a 30-foot area
around any permitted structure on the lot mowed to a length ofless than 6
inches in height.
Approved - 4/0 (Commissioner Halas absent)
December 3, 2008
Moved from Item #16A8
I. To request that the Board of County Commissioners (BCC) approve a single
Land Development Code (LDC) Amendment Cycle for the 2009 calendar
year to consider a limited scope of amendments to the LDC as follows: to
remove the administrative provisions from the LDC and establish a separate
Administrative Code; to consider the Evaluation and Appraisal Report
(EAR) based Environmental amendments that were continued by the BCC
from the 200S Cycle I; to consider amendments to the School Board review
process as required by adoption of the 200S GMP Amendments; to consider
an amendment to the nonconformities section of the LDC continued from
the 200S Cycle 1; to consider the proposed architectural design deviation
process for Immokalee as acknowledged by the BCC; to consider the
amendments to the Wellfield protection regulations as directed by the BCC;
to consider amendments to specify how to calculate shorelines subject to
conservation easements or the like when calculating the number of boat slips
per the Manatee Protection Plan, as directed by the BCC; and to consider
any amendments to the Stewardship Receiving Area (SRA) ifthere are any
at that time.
Motion to approve to add amendments to the Vanderbilt Beach Overlay
to the LDC Cycle - Approved 4/0 (Commissioner Halas absent)
December 3, 2008
Moved from Item #16B2
December 2-3, 2008
Page 8
J. Request that the Board direct staff to bring back an amendment to Ordinance
No. 2003-37, as amended, clarifying the purpose section of that ordinance to
state that the Collier County Land Development Code, as amended, does not
apply to County Transportation projects, to separate the Construction
Standards Handbook into two separate handbooks consisting of the 200S
version of the Construction Standards Handbook for Work within the Public
Right-of- Way, Collier County, Florida and a new 200S Collier County
Landscape and Irrigation Specifications for Beautification Improvements
within the Public Right-of-Way Handbook, and to authorize future revisions
to each Handbook to be made separately and by resolution approved by the
Board of County Commissioners.
Motion to Continue - Approved 3/0 (Commissioner Coyle and
Commissioner Halas absent)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. This item to be heard at 12:00 noon. Notice is hereby given that pursuant
to Section 2S6.0 II (S), Fla. Stat., the County Attorney desires advice from
the Board of County Commissioners in closed attorney-client session on
TUESDAY, DECEMBER 2, 200S, at a time certain of 12:00 noon in the
Commission conference room, 3rd Floor, W. Harmon Turner Building,
Collier County Government Center, 3301 East Tamiami Trail, Naples,
Florida. In addition to Board members, County Manager James Mudd,
County Attorney Jeffrey A. Klatzkow, and Litigation Section Chief
Jacqueline Hubbard will be in attendance. The Board in executive session
will discuss: Strategy session related to litigation expenditures in the
pending litigation case of Board of County Commissioners v. Dwight E.
Brock, Clerk of Courts, Case No. 07-1056-CA, now pending in the
Twentieth Judicial Circuit in and for Collier County, Florida.
Closed Session
B. This item to be heard at 1 :00 p.m. For the Board of County
Commissioners to provide direction to the County Attorney regarding
strategy related to litigation expenditures in the pending litigation case of
Board of County Commissioners v. Dwight E. Brock, Clerk of Courts, Case
No. 07-1 056-CA, now pending in the Twentieth Judicial Circuit in and for
Collier County, Florida.
December 2-3, 2008
Page 9
Direct County Attorney to consult with the State Attorney's Office on a
number of violations of law by the Clerk of Courts - Approved 4/1
(Commissioner Henning opposed)
December 3, 2008
Moved from Item #16K4
C. Recommendation to Authorize the County Attorney to File a Lawsuit on
behalf of the Collier County Board of County Commissioners, against Paul
R. Pransky, in the Circuit Court of the Twentieth Judicial Circuit in and for
Collier County, Florida, to recover damages in the Amount of $54,316.72.
Approved - 3/0 (Commissioner Coyle and Commissioner Halas absent)
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
December 3, 2008
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Motion to continue Item #3A to the December 16,2008 BCC Meeting-
Approved 3/0 (Commissioner Coyle and Commissioner Halas absent)
B. Jim Mudd: Regarding voluntary employee separation incentive; further
discussion at December 16, 2008 BCC Meeting
C. Jim Mudd: Regarding Item #10C, Mike Sheffield is not interested in
assuming Board Office position; internal search to be done; Mike
Sheffield will help by temporarily filling in at this time
D. Commissioner Fiala: Impact fees on vacant existing structures - to be
brought back for further discussion
E. Commissioner Fiala: Water/sewer impact fee policy on unimproved
property
F. Commissioner Coletta: Concern re: water/sewer district boundaries and
future charges in District #5
G. Commissioner Coletta: Discussion on events at the Florida Association
of Counties Meeting he attended with Commissioner Halas
H. Commissioner Henning: To write letter in support of the Boys and Girls
Club for a grant request - Approved 3/0 (Commissioner Coyle and
Commissioner Halas absent)
I. Commissioner Henning: Questioning his authority to sign an indemnity
agreement relating to a prior resolution - Consensus for chairman to
sign
December 2-3, 2008
Page 10
J. Commissioner Henning: Motion to adjourn - Approved 3/0
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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
------------------------------------------------------------------------------------------------------------
Approved and/or adopted w/changes - 5/0
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approve final acceptance of the water and sewer
utility facilities for WalMart at Artesa Point.
W/release of any Utilities Performance Security
2) Recommendation to approve final acceptance of the water and sewer
utility facilities for Grand Lely Drive Extension.
W/release of any Utilities Performance Security
3) To accept final and unconditional conveyance of the water utility
facility for Ole.
W/release of any Utilities Performance Security
4) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Verona walk Phase 2A
(Winding Cypress PUD) with the roadway and drainage
improvements being privately maintained.
Resolution 2008-342 and release of the Maintenance Security
5) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Verona walk Phase 2B
(Winding Cypress PUD) with the roadway and drainage
improvements being privately maintained.
Resolution 2008-343 and release of the Maintenance Security
6) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Verona walk Phase 2C
(Winding Cypress PUD) with the roadway and drainage
December 2-3, 2008
Page 11
improvements being privately maintained.
Resolution 2008-344 and release of the Maintenance Security
7) Request to increase the time frame associated with the contract to
allow for the Van Buskirk, Ryffel & Associates to provide the land
use modeling to be utilized by AIM Engineering & Surveying, Inc.,
the consultants for the Transportation Division to update to the Long
Range Transportation Plan (LRTP).
Extending the contract by 150 days or 2/2712009
Moved to Item #101
8) To request that the Board of County Commissioners (BCC) approve a
single Land Development Code (LDC) amendment cycle for the 2009
calendar year to consider a limited scope of amendments to the LDC
as follows: to remove the administrative provisions from the LDC and
establish a separate Administrative Code; to consider the Evaluation
and Appraisal Report (EAR) based Environmental amendments that
were continued by the BCC from the 200S Cycle I; to consider
amendments to the School Board review process as required by
adoption of the 200S GMP amendments; to consider an amendment to
the Nonconformities section of the LDC continued from the 200S
cycle I; to consider the proposed architectural design deviation
process for Immokalee as acknowledged by the BCC; to consider the
amendments to the Wellfield protection regulations as directed by the
BCC; to consider amendments to specify how to calculate shorelines
subject to conservation easements or the like when calculating the
number of boat slips per the Manatee Protection Plan, as directed by
the BCC; and to consider any amendments to the Stewardship
Receiving Area (SRA) if there are any at that time.
9) Request that the Board of County Commissioners, acting in the
capacity of the Enterprise Zone Development Agency (EZDA)
Governing Board approve a resolution to designate Penny Phillippi,
the Immokalee CRA executive director, as the official contact person
for the Immokalee Enterprise Zone Development Agency. The current
official contact person for the Immokalee EZDA is the Director of
Comprehensive Planning, Randy Cohen.
Resolution 2008-345
December 2-3, 2008
Page 12
Moved to Item #10H
10) Recommendation to obtain direction from the Board of County
Commissioners to amend the appropriate portions of the Litter, Weed
and Exotics Control Ordinance found in the Collier County Code of
Laws and Ordinances, specifically relating to the abatement of weed,
grass and other similar overgrowth in excess of 18 inches in height to
include a requirement that presently exempt Estates zoned lots be
required to have a 30-foot area around any permitted structure on the
lot mowed to a length of less than 6 inches in height.
11) Recommendation to award Bid # 08-5103 -- Demolition of
Commercial and Residential Structures to Cross Environmental
Services, Inc., Honc Marine Contracting, Inc. d/b/a Honc Destruction,
and Gruelle Construction, Inc. 10 structural demolitions with an
average cost of $3,725 per structure.
Code Enforcement anticipates thirty demolitions in the current
fiscal year
B. TRANSPORTATION SERVICES
1) Recommendation that the Board of County Commissioners approve
the sponsor, Florida Department of Corrections/Hendry Correctional
Institution one (I) Adopt-A-Road Program Agreement with two (2)
recognition signs at a total cost of $150.00 for Oil Well Road aJk!a/
CR 858 from SR 29 to County Line Road.
To provide litter removal in accordance with instructions in the
agreement
Moved to Item #10J
2) Request that the Board direct staff to bring back an amendment to
Ordinance No. 2003-37, as amended, clarifying the purpose section of
that ordinance to state that the Collier County Land Development
Code, as amended, does not apply to County Transportation projects,
to separate the Construction Standards Handbook into two separate
handbooks consisting of the 2008 version of the Construction
Standards Handbook for Work within the Public Right-of-Way,
Collier County and new 2008 Collier County Landscape and
Irrigation Specifications for Beautification Improvements within the
Public Right-of-Way Handbook, and authorize future revisions to
December 2-3, 2008
Page 13
each Handbook made separately by resolution approved by the BCC
3) Recommendation that the Board of County Commissioners approve
two sponsors, MavCor Distributors and Ad Expressions (2) Adopt-A-
Road Program Agreements with four (4) roadway recognition signs at
a total cost of$300.00, for CR 92 alklai San Marco Road and Pine
Ridge Road west of 1-75, respectively.
To provide litter removal in accordance with instructions in the
agreement
4) Recommendation that the Board of County Commissioners approve
the sponsor, Rods Performance Marine, one (I) Adopt-A-Road
Program Agreement with two (2) recognition signs at a total cost of
$150.00 for Commercial Dr., Linwood Ave., and Linwood Way
roadways.
To provide litter removal in accordance with instructions in the
agreement
5) Recommendation to approve an Agreement for the donation of a .028
acre Perpetual, Non-Exclusive Sidewalk and Access Easement along
Golden Gate Parkway in the Golden Gate City area. Project No.
600831 (Fiscal Impact: $800.00)
Located just east of 50th Street SW
6) Recommendation to award Bid #08-5095, The Purchase and Delivery
of Fungicides, Herbicides and Insecticides, to the Agro Distributions
LLC (dba ProSource One), UAP Distribution, Inc., Helena Chemical,
Red River Specialties, Inc., LESCO, Univar USA, Inc., and DeAngelo
Brothers Inc. Alenza, at an estimated annual expenditure of
$300,000.00
7) Recommendation that the Board of County Commissioners approve
Change Order #4 to the contract with Astaldi Construction, Inc. in the
amount of$965,869.67 for additional work on the Immokalee Road
Design Build Project from Collier Boulevard to 1-75, Project #66045,
Contract #05-3770 and approve the necessary budget amendment.
Allowing for the direct purchase of the pre-cast Cons pan Bridge
at Northbrooke Drive and the truncated domes and crosswalks
December 2-3, 2008
Page 14
8) Recommendation to award a construction contract to American Earth
Movers, Inc. for Bid No. 08-5135 Bridge Repairs (Chokoloskee,
Goodland, Green Boulevard and Oil Well Road), in the amount of
$720,000.00 to the contractor.
For the repair and resurfacing of the bridges that received critical
scores from FDOT
9) Recommendation to award Bid #09-511IR "Radio Road
Beautification MSTD/MSTU Roadway Grounds Maintenance" to
Hannula Landscaping, Inc. in the estimated annual amount of
$104,741.50
For basic, site specific, general maintenance services, and
emergency landscaping services
10) Recommendation that the Board of County Commissioners approve a
Maintenance Agreement to accompany the Locally Funded
Agreement between FDOT and Collier County for construction of a
new bridge over the Cocohatchee River on County Road 901
(Vanderbilt Drive), previously approved on October 28,2008 and
authorizing the Chairman to execute both agreements.
Resolution 2008-346
11) Recommendation to award RFP #08-5067 for Real Estate Appraisal
Services to the following firms: American Acquisition Group;
Anderson & Carr; Appraisal Group of Central Florida; Boyd, Schmidt
& Brannum; Callaway & Price; Kenneth C. Evans; Kenneth R.
Devos; Integra Realty Resources; Real Estate Appraisal & Litigation;
Retech; Wilcox Appraisal Services.
Used to estimate the compensation due to property owners as a
result of the necessary acquisition of their properties for the
construction of public improvement projects such as roads,
canals, parks, utility facilities and Conservation Collier purchases
12) Recommendation to award Bid #09-5141 Golden Gate Parkway & 1-
75 Interchange Landscape Maintenance to Hannula Landscaping and
Irrigation, Inc. in the estimated annual expenditure 01'$55,000.00
(Fund Ill, Cost Center 163889).
13) Recommendation to award Bid #09-51401-75 at Golden Gate Parkway
Landscape Improvements to Hannula Landscaping Inc. in the amount
December 2-3, 2008
Page 15
01'$97,995.75 with 10% contingency 01'$9,799.58 for a total of
$107,795.33(Project #60043).
14) Recommendation to approve the Assumption Agreement under
Contract No. 07-4176 Purchase of Lime Rock and Fill Material, Fixed
Term Contract from Florida Rock Industries, Inc. by Vulcan Materials
Company.
The county was notified of the purchase on October 23, 2008
15) Recommendation to secure a State Transit Grant for the addition of
Transit Service into Lee County and authorize staff to work with
Florida Department of Transportation and LeeTran staff on the
development ofa Public Transit Service Development Program Joint
Participation Agreement.
Providing a Lee/Collier Transit Connection that would provide
regional transit service between Lee County and Collier County
at Bonita Beach Road on Tamiami Trail and all other Collier
Area Transit routes at North Collier Hospital
16) Recommendation to obtain Board approval to pursue an agreement
between Collier County and Naples Lakes Country Club Homeowners
Association, Inc., a Florida corporation, to install a fence to separate
private property from a 99 acre mitigation area.
Located off Collier Blvd.
C. PUBLIC UTILITIES
1) Recommendation that the Board of County Commissioners execute
inter-local agreements between Collier County and the District School
Board of Collier County, Everglades City, the City of Marco Island,
and the City of Naples for debris removal operations in the aftermath
of a severe weather event or natural disaster.
From June 1, 2008 through May 31, 2009 and automatically
renew each year
2) Recommendation to approve an Indemnification, Hold Harmless and
Test Monitoring Well License Agreement on an off-island vacant
parcel owned by the City of Marco Island, at no cost to the County, to
be used to provide data for future wellfield alignment hydrogeological
testing, for the Southeast Regional Water Treatment Plant Wellfield
December 2-3, 2008
Page 16
Project #70900.
To provide hydrogeological data required for the study
3) Recommendation that the Board approve, and authorize the Chairman
to execute, an Agreement with American Electronics Recycling to
provide electronic collection at the Collier County Landfills.
Quoted $O.OO/per pound for all electronics, including
hauling, fuel and labor
4) Recommendation to increase Work Order PG-FT-3972-07-02 to de la
Parte & Gilbert, P.A in the Amount 01'$61,000 for Legal Services
under Contract 05-3792 Fixed Term Professional Legal Services,
Orange Tree, Project 75010.
Orange Tree Utility Company has the authority to continue their
operation of their water and sewer utilities until at least 2012
D. PUBLIC SERVICES
1) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Raudel
Gutierrez and Magnolia Pimentel (Owners) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 169, Trail Ridge, East Naples.
Impact fee deferral in the amount of $19,372.46
2) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Tomas E.
Payero Madera (Owner) for deferral of 100% of Collier County
impact fees for an owner-occupied affordable housing unit located at
Lot 168, Trail Ridge, East Naples.
Impact fee deferral in the amount of $19,372.46
3) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Joseph
Wilson Dorcelus (Owner) for deferral of 100% of Collier County
impact fees for an owner-occupied affordable housing unit located at
Lot 173, Trail Ridge, East Naples.
Impact fee deferral in the amount of $19,372.46
December 2-3, 2008
Page 17
4) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Osiel
Quintana and Magdalys Camejo (Owners) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 5, Block 9, Naples Manor Addition, East Naples.
Impact fee deferral in the amount of $26,204.83
5) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Damian
Luizaga and Maria Luizaga (Owners) for deferral of 100% of Collier
County impact fees for an owner-occupied affordable housing unit
located at Lot 57, Trail Ridge, East Naples.
Impact fee deferral in the amount of $19,372.46
6) Present to the Board of County Commissioners a summary of the
Impact Fee Deferral Agreements recommended for approval in FY09,
including the total number of Agreements approved, the total dollar
amount deferred and the balance remaining for additional deferrals in
FY09.
7) Recommendation that the Board of County Commissioners approve
budget amendments totaling $566,377 to ensure continuous funding
of the Older Americans Act grant in the Services for Seniors Program
for FY 09.
Awarded for Title III-B Lead Agency Operations, Title C-l
Congregate Meals, Title C-2 Home Delivered Meals, and Title III-
E Caregiver Support Program from January 1, 2009 through
December 31, 2009
8) Recommendation for the Board of County Commissioners to approve
and authorize staff submittal of a Project A WARE Grant Application
for artificial reef cleanups and producing an artificial reef educational
video for the Coastal Zone Management Department in collaboration
with University Extension, Sea Grant Agent, that, if awarded, will
provide grant funds in the amount of $1 0,000.
To promote awareness and stewardship of its artificial reef
environments
9) Recommendation that the Board of County Commissioners approve
the submittal of the Aquatic Pond Renovation and Education
December 2-3, 2008
Page 18
Development Project to the Big Cypress Basin South Florida Water
Management District for a grant to continue and expand water
conservation education through the Florida Yards & Neighborhoods
Program in the amount of $56,000.00.
The grant will also be used to renovate the existing retention pond
E. ADMINISTRATIVE SERVICES
1) Recommendation for the Board of County Commissioners to adopt a
Resolution acknowledging that the County's Tax Collector, Clerk of
Courts, Sheriff's Office and Supervisor of Elections have directly
entered into leases for branch offices and/or warehouse space in which
limited County business is conducted.
Resolution 2008-347
2) Recommendation that the Board of County Commissioners approves
amendment A-I to Contract #OS-5017 "Annual Contract for
Countywide Exotic Vegetation Removal" with Resource Restoration,
Inc., Earth Balance Corporation, Environmental Aquatic Control, Inc.,
and DeAngelo Brothers, Inc. d/b/a Aquagenix to correct
Compensation Terms and Conditions language in the contracts to
match language in the Executive Summary that awarded the contracts.
F. COUNTY MANAGER
1) Recommendation that the Board of County Commissioners approve
an amendment to the Emergency Medical Services Advisory Council
Bylaws that changes the frequency of Emergency Medical Services
Advisory Council meetings from monthly to quarterly.
2) Recommendation to approve a State Emergency Response Team
Subgrant Agreement for the Department of Homeland Security (DHS)
and the State of Florida Division of Emergency Management to
establish a Community Emergency Response Team (CERT) Program
for the Town of Ave Maria in the amount 01'$9,000.00.
Due to the locale of Ave Maria, CERT members contribute in the
day to day operations such as searching for a lost child, providing
training within the community, hurricane preparedness, fire
safety and extinguishment, medical triage, etc.
December 2-3, 2008
Page 19
3) Recommendation that the Board of County Commissioners approve a
series of budget amendments to restructure the Court IT Fee Fund
(178) moving budget from General Fund (001) and Court
Administration Fund (681) into the Court IT Fee Fund (178).
4) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2008-09 Adopted Budget.
Resolution 2008-348
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) That the Collier County Community Redevelopment Agency
recommends that the Board of County Commissioners includes
amendments to the LDC amendment cycle for the 2009 calendar year
as submitted by the Bayshore Gateway Triangle CRA and consider
any amendment to the Bayshore Gateway Triangle Mixed Use
Overlay in the proposed 2009 LDC amendment cycle.
To update the 10-year old CRA Redevelopment Plan
2) Recommendation that at the request of the Collier County CRA
Board, the Board of County Commissioners include amendments to
the LDC amendment cycle for the 2009 calendar year as submitted by
the Bayshore Gateway Triangle CRA and consider any amendment to
the Bayshore Gateway Triangle Mixed Use Overlay in the proposed
2009 LDC amendment cycle, and that the CRA meet the LDC cycle
schedule requirements.
3) Request that the Collier County Redevelopment Agency amend the
Commercial Faade Grant Program to incorporate an Application,
Recipient Agreement, Lessee Agreement, Applicant Commitment of
Resources, Project Summary and Evaluation Form, and Payment
Request Form into the program documents packet for the Immokalee
Community Redevelopment area.
CRA Resolution 2008-349
H. BOARD OF COUNTY COMMISSIONERS
December 2-3, 2008
Page 20
1) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Kiwanis Governor's Dinner on November 6th, 200S at
the Collier Athletic Club in Naples, FL. $35.00 to be paid from
Commissioner Fiala's travel budget.
Located at 710 Goodlette Rd N, Naples, FL
2) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Marco Island Rotary Club Luncheon on November 6th,
200S at the Marco Island Yacht Club on Marco Island, FL. $20.00 to
be paid from Commissioner Fiala's travel budget.
Located at 1400 N Collier Blvd., Marco Island, FL
3) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Will attend A Salute to Ben Bova on January 25th, 2009 at the Naples
Philharmonic in Naples, FL. $35.00 to be paid from Commissioner
Fiala's travel budget.
Located at 5833 Pelican Bay Blvd., Naples, FL
4) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Marco Island Foundation for the Arts Quarterly
Luncheon on November 7th, 200S at the Marco Island Yacht Club on
Marco Island, FL. $25.00 to be paid from Commissioner Fiala's travel
budget.
Located at1400 N. Collier Blvd., Marco Island, FL
5) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended a cocktail party and silent auction on behalf of Gulfshore
Playhouse on November 9th, 200S at Angelina's Ristorante in Bonita
Springs, FL. $50.00 to be paid from Commissioner Fiala's travel
budget.
Located at 24041 S. Tamiami Trail, Bonita Springs, FL
6) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Naples Equestrian Challenge Bootstrap Boogie Barn
December 2-3, 2008
Page 21
Dance on November 15th, 200S at the Naples Equestrian Challenge in
Naples, FL. $150.00 to be paid from Commissioner Fiala's travel
budget.
Located at 206 Ridge Dr., Naples, FL
7) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Collier Citizen of the Year Banquet on November 21 st,
200S at the Naples Elks Lodge in Naples, FL. $35.00 to be paid from
Commissioner Fiala's travel budget.
Located at 3950 Radio Rd., Naples, FL
8) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Will be attending the Holiday Fashion Extravaganza for Youth Haven
on December 12th, 200S at the Naples Sailing and Yacht Club in
Naples, FL. $100.00 to be paid from Commissioner Fiala's travel
budget.
Located at 896 River Point Dr., Naples, FL
9) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Naples Lakes Country Club Golf Course Grand Opening
Dinner on November 1st, 200S at the Naples Lakes Country Club in
Naples, FL. $55.00 to be paid from Commissioner Fiala's travel
budget.
Located at 4784 Inverness Club Dr., Naples, FL
10) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Windstar Club Cocktail Reception Benefiting the Boys
and Girls Club on November 22nd, 200S at Windstar on Naples Bay
in Naples, FL. $75.00 to be paid from Commissioner Fiala's travel
budget.
Located at 4650 Yacht Harbor Drive, Naples, FL
11) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Will be attending the Marco Chamber of Commerce Christmas Gala
on December 7, 200S at the Island Country Club on Marco Island, FL.
December 2-3, 2008
Page 22
$75.00 to be paid from Commissioner Fiala's travel budget.
Located at 500 Nassau Rd, Marco Island, FL
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) To obtain Board approval for disbursements for the period of
November OS, 200S through November 14, 200S and for submission
into the official records of the Board.
2) To obtain Board approval for disbursements for the period of
November 15, 200S through November 21, 200S and for submission
into the official records of the Board.
K. COUNTY ATTORNEY
1) Recommendation to approve a Stipulated Final Judgment in the
amount 01'$57,000.00 for Parcel I 45RDUE in the lawsuit styled
Collier County v. John Goddard, et a\., Case No. 07 -3111-CA (Oil
Well Road Project 60044). (Fiscal Impact $41,470.00)
For a .454 acre parcel to be used for road right-of-way, drainage
and utilities easements
2) Recommendation to approve a Stipulated Final Judgment in the
amount of $51 ,900.00 for Parcels lS5RDUE and IS5TDRE in the
lawsuit styled Collier County v. Rupert Terry Dupree, a/kla R. Terry
Dupree, et a\., Case No. 07-332S-CA (Oil Well Road Project 60044).
(Fiscal Impact $9,970.00)
For a .124 acre parcel to be used for a perpetual non-exclusive
road right-of-way, drainage, and utility easements, and as a
temporary driveway restoration easement
3) Recommendation to approve settlement in the lawsuit entitled Collier
County v. Naples Sunrise, Inc., Case No. OS-2S03-SC, filed in County
Court Small Claims in and for Collier County, Florida, to Recover
Damages in the Amount 01'$1,102.03.
December 2-3, 2008
Page 23
Moved to Item #12C
4) Recommendation to Authorize the County Attorney to File a Lawsuit
on Behalf of the Collier County Board of County Commissioners,
Against Paul R. Pransky, in the Circuit Court of the Twentieth
Judicial Circuit in and for Collier County, Florida, to Recover
Damages in the Amount of $54,316.72.
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. Recommendation to the Board of County Commissioners to adopt the
attached Ordinance pertaining to the Storage, Parking and Use of
Recreational Vehicles to the Collier County Code of Laws and Ordinances
pursuant to Board Direction.
Ordinance 2008-64
Moved to Item #8A
B. Recommendation that Board of County Commissioners repeals and replaces
Ordinance No. 74-7, through adoption of an ordinance prohibiting
unauthorized camping in the unincorporated areas of Collier County.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
December 2-3, 2008
Page 24
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
December 2. 2008
Add on Item 3A: Floyd Crews -10 years on the Immokalee Enterprise Zone Development
Agency. (Staff's request.)
Item 7B continued indefinitelv: SV-2008-AR-13395 Immokalee-Wood, LLC, represented by
Michael R. Fernandez of Planning Development, Inc., is requesting a variance from the Land
Development Code (LDC) Section 5.06.04 C.1. to reduce the minimum separation of 1,000 lineal
feet between signs to allow a sign separation of 276 feet. The subject property is located at 2600
Immokalee Road, Section 25, Township 48 South, Range 25 East, Collier County, Florida.
(Petitioner's request.)
Item 7C: Page 13 of 192, 6th paragraph, last sentence should read: "The County Attorney advised
that the CCPC could turn down the boat dock extension even though (rather than through) the
criteria were satisfied. (Commissioner Fiala's request.)
Move 16A8 to 101: To request that the Board of County Commissioners (BCC) approve a single
Land Development Code (LDC) amendment cycle for the 2009 calendar year to consider a limited
scope of amendments to the LDC as follows: to remove the administrative provisions from the
LDC and establish a separate Administrative Code; to consider the Evaluation and Appraisal
Report (EAR) based Environmental amendments that were continued by the BCC from the 2008
Cycle 1; to consider amendments to the School Board review process as required by adoption of
the 2008 GMP amendments; to consider an amendment to the Nonconformities section of the
LDC continued from the 2008 cycle 1; to consider the proposed architectural design deviation
process for Immokalee as acknowledged by the BCC; to consider the amendments to the
Wellfield protection regulations as directed by the BCC; to consider amendments to specify how
to calculate shorelines subject to conservation easements or the like when calculating the
number of boat slips per the Manatee Protection Plan, as directed by the BCC; and to consider
any amendments to the Stewardship Receiving Area (SRA) if there are any at that time.
(Commissioner Halas' request.)
Move 16A10 to 10H: Recommendation to obtain direction from the Board of County
Commissioners to amend the appropriate portions of the Litter, Weed and Exotics Control
Ordinance found in the Collier County Code of Laws and Ordinances, specifically relating to the
abatement of weed, grass and other similar overgrowth in excess of 18 inches in height to include
a requirement that presently exempt Estates zoned lots be required to have a 30-foot area around
any permitted structure on the lot mowed to a length of less than 6 inches in height.
(Commissioner Coletta's request.)
Move Item 16B2 to 10J: Request that the Board direct staff to bring back an amendment to
Ordinance No. 2003-37, as amended, clarifying the purpose section of that ordinance to state that
the Collier County Land Development Code, as amended, does not apply to County
Transportation projects, to separate the Construction Standards Handbook into two separate
handbooks consisting of the 2008 version of the Construction Standards Handbook for Work
within the Public Right-of-Way, Collier County, Florida and a new 2008 Collier County Landscape
and Irrigation Specifications for Beautification Improvements within the Public Right-of-Way
Handbook, and to authorize future revision to each Handbook to be made separately and by
resolution approved by the Board of County Commissioners. (Commissioner Fiala's request.)
12/2/2008 8:37:39 AM
Move 17B to 8A: Recommendation that the Board of County Commissioners repeals and
replaces Ordinance No. 74-7, through adoption of an ordinance prohibiting unauthorized camping
in the unincorporated areas of Collier County. (Commissioner Coletta's request.)
Time Certain Items:
Item 9C to be heard at 11 :30 a.m. To reconsider the Board of County Commissioners direction for
the EAC and the CCPC to hold a joint workshop to hear the RLSA Phase II report.
Item 1 OD to be heard at 11 :00 a.m. Recommendation that the Board of County Commissioners
determine the Fiscal Year 2009 capital projects to be programmed based on the $1,803,392
turnback revenue allocated to the Landscape Beautification Master Plan and the three projects
scheduled for landscaping.
Item 10F to be heard at 2:30 p.m. Recommendation that the Board of County Commissioners
provide direction to staff for the disposal of Delasol Neighborhood Park.
Item 12A to be heard at 12:00 Noon: Notice is hereby given that pursuant to Section 286.011(8),
Fla. Stat., the County Attorney desires advice from the Board of County Commissioners in closed
attorney-client session on TUESDAY, DECEMBER 2, 2008, at a time certain of 12 noon in the
Commission conference room, 3'd Floor, W. Harmon Turner Building, Collier County Government
Center, 3301 East Tamiami Trail, Naples, Florida. In addition to Board members, County Manager
James Mudd, County Attorney Jeffrey A. Klatzkow, and Litigation Section Chief Jacqueline
Hubbard will be in attendance. The Board in executive session will discuss: Strategy session
related to litigation expenditures in the pending litigation case of Board of County
Commissioners v. Dwight E. Brock, Clerk of Courts, Case No. 07-1056-CA, now pending in the
Twentieth Judicial Circuit in and for Collier County, Florida.
Item 12B to be heard at 1 :00 p.m. For the Board of County Commissioners to provide direction to
the County Attorney regarding strategy related to litigation expenditures in the pending litigation
case of Board of County Commissioners v. Dwight E. Brock, Clerk of Courts, Case No. 07-1056-
CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida.
12/2/2008 8:37:39 AM
4A
PROCLAMA TION
WHEREAS, a dramatic decline in Collier Countys legacy industries of real estate,
construction and services, coupled with declining real estate values, has
impacted nearly every citizens quality of life; and,
WHEREAS, Collier County recognizes that a diversified economy comprised of new,
innovative industries is key to a prosperous future; and,
WHEREAS, as a community, we must embrace innovation and drive change if we are
to remain relevant and competitive; and,
WHEREAS, we must look beyond our own individual priorities to the collective good
of current and future citizens of Collier County; and,
WHEREAS, this is an opportunity to change the culture of the community and to
build an innovative economy that will endure, evolve, and remain
sustainable for generations to come; and,
WHEREAS, we must engage citizMS community-wide in a collaborative, creative
process that will provide a concrete action pIon: ond,
WHEREAS, it is urgent that innovation be explored ond applied at a much higher
elevation; anti.
WHEREAS, Project Innot'tltion will not only create a new awareness, but also will
allow us to toke charge of the future of our community.
NOW THEREFORE, b. it proclaimed by the Board of County CommissiDMrs of Collier
County, Florida, that we endorse and support the activitiu of the
Economic o.lIIJlDpment Council of Collier County's
Project Innovation
DONE AND ORDERED THIS 2nd Day of December, 2008.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
~
TOM HENNING, C.
ATTEST:
~~~~
, ,
DWIGHT E. BROCK, CLERK
Ip8
-68- Wnt'd Tn
blj war+-
VqJ~
Forest Glen Golf &. Country Club
Our Appeal to
The Collier County Commissioners
As a result of the Collier Boulevard widening project,
Southbound vehicles coming to our community will be denied
direct left turn access into our community's Main Entrance.
We are asking you to investigate and consider all possible
altematives to this closure prior to allowing that to take place.
Forest Glen Golf &. Country Club
Community Concerns
It is very disconcerting to our residents that a better accommodation
for this community of 799 housing units could not have been found in the
years that this project has been in the planning stages.
It is also disconcerting that we have continued to receive conflicting
infonnation. Up until a month ago we were still being told by sources
directly involved in this project that we would not be losing our left turn
access into our community's front gate.
We are now in the position of trying to appeal a decision that will have a
huge impact on our community without the necessary data and background
infonnation that this decision was based on.
200 to 400 vehicles enter our community through our front gate on a daily
basis, so we are very concerned with the safety impact of so many vehicles
being forced to make dangerous U-Turns across three lanes of oncoming
traffic.
Forest Glen Golf&. Country Club
Community Concerns
. At a recent meeting with Mr. Feder, Mr. Ahmad, and Mr. Casalanquida
from the Transportation Deparbnent, they were very cordial, and clearly
explained their reasoning why the project has been designed as it has.
. The reasons given all sound plausible, but the end result that
Forest Glen residents, guests, and vendors will lose our ability to
easily and safely access our main entrance is not acceptable.
. After listening to our concerns, we were assured that other reasonable
alternatives could still be considered.
. We believe there are other options available that do not require the
elimination of all left turn access into our community, and we appeal
to you to hearing and give consideration to our alternatives.
68 ~
I
68
Forest Glen Golf. Country Club
Primary Community Concern
#1
. We have serious concerns with the long term safety factor
of being required to make U-turns across three lanes of
oncoming traffic. especially as our community gets older
and probably more cautious.
. As our community ages we can envision someone trying to
make that U-Turn, but wanting to wait until there is no oncoming
traffic ifliifJI1t. At certain times of the day, by the time that might
happen, traffic waiting in line behind that person could be backed
up to Davis Blvd.
. The other extreme is drivers finally growing so frustrated and
impatient when there is no break in traffic, that they finally pull
out in front of oncoming traffic, causing terrible aa:idents.
Forest Glen Golf. Country Club
Primary Community Concern
#2
. We believe large vendor trucks, semi's, and buses will
have great difficulty accessing our community. Even though
Mr. Feder tried to assure us that semi's and large box
trucks are able to make U-Tums in the space allotted, we
have our doubts.
. Vehicles unable to make a U-Turn, or are afraid to even try, will be
required to make a 16 mile IDoD in order to enter our community
from the south. They will be required to take Davis Blvd. west to
County Barn Road, then go south to Rattlesnake Hammock, then go
back east to Collier Blvd., then come back north to Forest Glen.
This is unfair and unf'llo::lcnnable to exoect of them I
. If they don't know this in advance, they have an even greater
problem, because there are no easy or convenient "just turn around
and come back" options to our south.
Forest Glen Golf & Country Club
Primary Community Concern
#3
. Emergency Vehicles may lose direct access to south bound Collier Blvd
for emergency transport of patients to Physicians Regional Hospital if
lt1e high median divider curb is installed as currently designed.
. Emergency vehicles can access the community through
our Beck Blvd rear gate, but because the CR 951 design plan
calls for a high divider curb to be built in the median in front of
our main entrance, that curb will require that an ambulance
transporting a patient to the hospital also exit out the back gate,
and travel an extra 3 to 5 miles to get that patient to Physician's
Regional Hospital, which is only 5 miles down the road from our
front entrance.
. Mr. Feder, after being made aware of this concem, stated
that emergency vehicles can go over these high curbs, but
indicated that he would try to get a lower curb installed in the
median where it crosses our front entrance.
Forest Glen Golf & Country Club
Based upon our concerns, and the
following rational, we have three
recommendations that we are
offering for consideration.
68
6B~1
Forest Glen Golf a. Country Club
Background for Recommendation
#1
We were told that Business Circle South was designed to be a 'radial" connector road,
connecting Collier to Davis. based on the assumption that there will be a future need to
divert a large amount of traffic away from the Davis/Collier intersection. Whv?
The aJrrent amount of left turn storage at the DaviS/Collier intersection has been very
adequate, even during rush hour, as much of northbound Collier traffic is trying to
connect to 1-75, and that will most likely continue to be the case.
We wonder whether the need for traffic to be diverted away from the DaviS/Collier
intersection is in large part due to the planned reconstruction of Davis Blvd.
If this is true, this will be only a temporary need.
To permanently shut down left turn aa:ess into our main gate to accommodate a
temporary traffic issue is a very high price to ask our community to pay.
Forest Glen Golf a. Country Club
Business Orcle South does not appear to have been designed as an effldent
thoroughfare to alleviate and divert trafflc from the DaviS/Collier intersection.
1. It is only one lane in each direction
2. Through traffic must compete with commercial trafflc
3. After winding around the complex it requires a left: turn
across onroming traffic in order to proceed to Davis Blvd
But based on the assumption that a large amount of traffic will want or need to be
diverted away from the Davis Blvd/Collier Blvd intersection. 550 feet of two lane left
turn storage has been put into the design plan to accommodate that traffic.
These two lanes of left turn storage, which can accommodate 45 to 50 vehicles,
is the cause for the left turn access into Forest Glen being eliminated, because...
This design plan leaves no room to
accommodate a left turn storage lane for traffic
wanting to enter Forest Glen
168
Forest Glen Golf &. Country Club
Recommendation
#1
Change this plan so as to allow for 300
foot of left hand turn storage for entry
into Forest Glen. Do so by either totally
eliminating the inside left turn storage
lane for Business Circle South, or by
reducing that inside left turn storage
lane to 250 feet
Forest Glen Golf &. Country Club
Background for Recommendation
#2
. There appears to be no rational reason for Forest Glen
to lose access to its main entrance 24 hours a
day because traffic flow will be heavy between
3:00 PM and 6:00 PM every day.
. There is an option that can still allow incoming traffic
to access our main entrance during the other
21 hours of time each day.
Forest Glen Golf&. Country Club
Recommendation
#2
Leave our existing "cut" in place, but
restrict the timing of allowable use
through the use of signage.
Example -
No Left Turn 3 to 6 PM
Forest Glen Golf&. Country Club
Recommendation
#3
Keep this issue open while
viable alternatives to the current
plan are being considered.
68
Forest Glen Golf 81. Country Club
A Short Term Community Concern
. If this project goes forward as planned, How far beyond our
front gate will we have to drive before we can make a U-Turn
during the construction period?
. Currently, it looks like we might have to proceed nearly
one mile or more before being able to make that U-Turn,
but that is only if the current cuts are not eliminated.
. Mr. Feder told us during our meeting with him that he
would ask the contractor to complete our new U- Tum
access lane prior to shutting down our current entry cut.
. This accommodation is extremely critical for our community
because of the amount of traffic we have during the winter
season, and it will be greatly appreciated.
Forest Glen Golf 81. Country Club
Conclusion
. Losing permanent, direct access, into our community's main
entrance 24 hour a day for vehicles coming from the north will
have many negative repercussions for our community. Our
community is having a very hard time understanding why we
are being told there is no other altemative.
. We hope, and would like to think, that the commission feels that
Forest Glen is an important part of the fabric of Collier County,
and therefore worthy and deserving of some additional
consideration.
We respectfully ask you to weigh the permanent, negative effects
that our community will suffer from the implementation of the
current design plan, and try to find and give consideration to an
accommodation that will work as well for us as it will for the other
parties involved.
68
CDPR1103 - Official Receipt
Official Receipt - Collier County Board of County Commissioners
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Address: 1343 LINCOLN CT
Owner: BARRERA. JUAN M COA #: 08-0219
Permit Type: BR2 Job Desc: S/F ICF 2 STY 400 AMP WI SHUTTERS & IMPACT
Applicant: JUAN BARRERA
DBA:
Swr Meter: IMM Wtr Meter: IMM
Payor: JUAN BARRERA
Fee Information
__H_ r-..... ..-... .... ,--~-~--~- ...
Fee Code Descriotion GL Account
08TROP ! TRANSPORTATION R.OW. PERMJI~ 1 01.1~.364Q~~~QQQ~tQQ9 __n
08BCAI . BLDG. CODE CERT. SURCHARGE 113<L()()000208820oo0QO_ .
08BPIM BLDG PERMITS -IMMOKAlEE .... 11313890032212000000
.__._.. .__._,_n.._n_"
Q~~P.~E. COMM PK IMPACT FEE SlF 34611~36336351()~.1~lL
08EMSF ~? IMPACT FEE S/F___2.5.Q~4Q4I()~3.!)1()3.13.~
~-_.-
08GBSF GOVT BlDG IMPACT FEE S/F ,39012223136351031390
- .- .---------.-.-.-.-- ---
081MFF IMMOKAlEE FIRE IMPACT 1.13..().llQQQQ?~!)Cl().()OO<l. .._.
-------------~.._,.. - ..-.--.---.---.-...-.
08JLSF JAIL IMPACT FEE SlF 38111043036351031381
l08lBSF ---._.'.-..--~.' -- - -.---....-,-- "~.__.-
LIBRARY IMPACT FEE S/F 35515619036351031355
. 08LWSF LAW ENF IMPACT FEE S/f. '._ .... )8511043336351031385
08MFSG MICROFILM SURCHARGE 11313890034144200000
08RDGS BLDG. PERMIT SURCHARGE ... 1J:iOOQ9Q()2088oooooo0
. O~RPSF REG PK IMPACT FEE S/F -- --------- 346116363~351031346
.08SCHI SCHOOL BOARD IMPACT FEE 11300000020905000000
--"
08SFR5 DI5T 5 ROAD IMPACT FEE-SINGlE ~3.91~365936351031339
11 PUDM PUD MONITORING FEE 13113890432248900000
.----.
12SITE i SITE INSPECTION-ENGINEERING 1311383~!322490oo0oo - ---
08BACR I BLDG. PEBMII1\.'pf>..fEE CREDIT 113138900322510ooClQO..
r .- Amount Waived
.t-....-.---.. ... ---
i $200.00
., .12Jl.21 _..__
$2723.36 l__
__$.12~6.~5 Yes
$137.15 Yes
$967.34 -'Yes.==]
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$390.011 Yes
$600.16 Yes
$375.87 Yes
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$12819551 Yes ~
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Tolal
- Continued -
Collier County Board of County Commissioners
CD-Plus for Windows 951NT
Prinled:11/4/2008 2:04:32 PM
Page 1 of 1
Subj: New Hope Church - Wall
Date: 12/2/088:24:04 A.M. Eastem Standard Time
From KWright926
To: Theaisling
~ ~..r _ &, E. ,. 6 E
iun'we( jn b..j
--rr-e covrt-
refXJr~
Dec 2. 2008
To: Board Of Commissioners
RE: New Hope Church, Davis Blvd. Wall
On behalf of the Enclave At Naples Condo. Assoc.. Inc we would support the decision to permanently waive the
requirement of a wall separating New Hope Church and the Enclave At Naples property should the Board Of
Commissioners choose to do so.
Kevin Wright. PresidentlTreasurer
Enclave At Naples Condo. Assoc., Inc.
Finally, one site has it all: your friends, your email.yourfavoritesites.TryTheNEWAOL.com.
Monday, December 01, 2008 AOL: Theais1ing
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COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
xxx Normal Legal Advertisement Other:
(Display Adv., location, etc.)
************.************.************************************.*******************.************
Originating Deptl Div: CDES.lZonin1! Person' John-David Moss, AICP Date~
Petition No. (If none, give brief description): SV-2008~AR-13374. Naples Grande Beach Res0l1 ~fl / I ~ L) j U wg
Petitioner: (Name & Address):Hunter Hansen, Naples Grande Beach Resort, 475 Seagate Dr. '1
Naples. FL 34103
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before Bee
BZA
Other
Requested Hearing date:
hearing,
December 2. 2008
Based on advertisement appearing 15 davs before
Newspaper(s) to be used: (Complete only if important):
xxx Naples Daily News
Other
Legally Required
Proposed Text: (Include legal description & common location & Size: Petition: SV-2008-AR-J 3374. Naples Grande
Beach Resort, represented by Hunter Hansen, requesting seven variances, The first six Variances are from the Land
Development Code (LDC) Section 5,06,04 C.1., which requires a minimum separation of 1,000 lineal feet between signs,
to allow a sign separation of 66;1: feet. 40.i: feet, 156.i: feet, 66:i: feet,7l.i: feet, and 96:1: feet. The seventh Variance is
from LDC Section 5.06.04 C, 1., which permits a maximum of two pole signs per street frontage, to permit a maximum of
four signs along a street frontage. The subject property is located at 475 Seagate Drive, in Section 9, Township 49,
Range 25., Collier County, Florida.
compan~~ton(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs:
Aecount Number: 068779 ~ 4 ~ C>DoClb \6'9
Revi~l(h.~
DiVIsion Administrator or Designee
!drAY
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For heal'jogs before Bee or BZA: Initiating person to complete onc copy and obtain Division Head
approval before submitting to County Manager. Note: If legal document is involved, be sure that any
necessary legal review, or request for same, is submitted to County Attorney before submitting to County
Manager. The Manager's office will distribute copies:
County Manager agenda file: to
Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining fl copy for file.
***********************************************************************************************
FOR CLERK'S OFFICE USE ONLY:
Date Received: $lYi Date of Public hearing: ~ Date Advertised: $/lJf)
7A
~ ,.;
RESOLUTION NO. 08-_
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION
NUMBER SV-2008-AR-13374, GRANTING SEVEN
VARIANCES FROM SECTION 5.06.04.C.L OF THE LAND
DEVELOPMENT CODE, CONCERNING THE DISTANCE
BETWEEN SIGNS AND THE NUMBER OF SIGNS PRESENT
ALONG A ROAD FRONTAGE FOR THE NAPLES GRANDE
BEACH RESORT, WHICH SIGNS ARE LOCATED AT 475
SEAGATE DRIVE, IN SECTION 9, TOWNSHIP 49 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has
conferred on all counties in Florida the power to establish, coordinate and enforce zoning and
such business regulations as are necessary for the protection of the public; and
WHEREAS. the County pursuant thereto has adopted a Land Development Code (LDC)
(Ordinance No. 04-41. as amended) which establishes regulations for the zoning of particular
geographic divisions ofthe County, among which is the granting of variances; and
WHEREAS, Petitioner now owns and operates Ihe property formerly known as the
Registry Resort Hotel, located at 475 Seagate Drive, Naples. Florida and seeks to alter the
signage on the property to conform to the new identity of the Resort; and
WHEREAS. Petitioner wishes to have signs with separations of 130.85 x feet, 65.40 x
feet. 85.70 x feet, 65 x feet, 65.85:1: feet and 40.17:1: feet located about its property; and
WHEREAS, without a variance, Petitioner cannot locate signs within 1.000 lineal feet of
one another, as LDC Section 5.06.04.C.I requires a minimum separation of 1,000 lineal feet
between signs; and
WHEREAS, Petitioner wishes to have a maximum of four signs placed along a street
frontage, including one for an on-premises restaurant; and
Page I of3
7A
WHEREAS, without a variance, Petitioner can have no more than one sign per street
frontage pursuant to LDC Section 5.06.04.C.1.
WHEREAS. the Board of Zoning Appeals (Board) has held a public hearing with due
notice made, and has considered the advisability of granting these variances; and
WHEREAS, the Board has found as a matter of fact that satisfactory provision and
arrangement have been made concerning all applicable matters required by the Land
Development Code; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORlDA. that the Board hereby approve seven variances fTom LDC
Section 5.06.04.C.1., six of which concern distance between signs and one of which concerns the
number of signs permissible along road frontage. as requested in Petition SV-2008-AR-13374,
filed by Hunter Hansen, on behalf of the Petitioner, Lehill Partners. L.P. d/b/a Naples Grande
Beach Resort, subject to the signs being erected in the fashion and at the distances contained in
Exhibit "B", the site plan, and further subject to the Conditions of Approval contained in Exhibit
"C", concerning the subject property described as 475 Seagate Drive, Naples, Collier County,
Florida, as more particularly described in OR Book 1225, Page 714, (Legal Description attached
as Exhibit "A") of the Official Public Records of Collier County. Florida.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV-
2008-AR-I 3374 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote this _ day of
,2008.
Page 2 of3
ATTEST:
DWIGHT E. BROCK, CLERK
By:
, Deputy Clerk
Approved as to form
and legal sufficiency:
Steven T. Williams yr.,}
Assistant County Attorney
Exhibit "A": Legal Description
Exhibit "B": Site Plan
Exhibit "C": Conditions of Approval
~ 7A
~'1
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY FLORlDA
By:
TOM HENNING, CHAlRMAN
Page 3 of3
J
Exhibit A
....~i
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-~
HOLE. MONTES AND ASSOC.. INC. February B, 1985
CONSULTING IN(:INCt-tlS -. LANO SunVEV(H1S
Oo~crlptio" of ~~rt of Parc~l ~D. of Pelican B~y Unit Ono. Plat Book
12. PaQc. ., thrQ\"i1h 52, Collier County, FloridA.
!!Q!n_1U!~
A,JJ that plrt. oC P.rcel "D" of Pelican 0",. Unit One accordin9 to the
plat, thereof as reCorded In pLat Dook 12, P"9oS .7 throvqh 52, Collier
County Public Records, Collier County. rlorlda and belnq morc
particularly described as (~Jlows,
Commonclnq at the southwest Corn or of the SOUth~4St 1/. DC Section 9.
TownShip <19 South. Ranqo 2S East, Collier Count)', Florida, tho nee .10"9
the south line of said Section 9, South 89.'0'59" ~est 158.25' feet "to
the POINT OF U&GINRIHC of the p.rcel hareln described, thence continue
0II10n9 the south line at ca.l.d Section 9. said line also being the sout.h
line at Parcel ~OM of said Pelican Bay Unit One. South 89-)0'59" Weat
488.00 teet, thence North 0-29'OlM West 50.00 feet, thence Nortb
46-.")4" West 113.05 teet, thence South 09-30'59. West 212.00 teet,
thence North '''''50'41'' West 101.04 feet, thence North 15"09'19" East
110.00 teetl thonce Horth 0"26'26" East 246.15 feet, thence North
15"31'21" Weet 51.44 feet, thence Horth"14"28')9" &aut 856.61 feet to
,t.he ~esterly ri9ht~ot-vay lJne at Crayton Road as shavn on the said
plat of Pelican Day Unit Oner thence along said ri9ht-of~way line the
tollo~ln9 four (4) described course th 21"4)'05. East ~SS.17
het. (2) southeast:t:rly 425.10 ort91lfhfr"lt of a cdn:ular curve
concave to the lJouth....est h. ~g{~ s"'--6!:::"{J: 0 feet. and being
8ubtanded by a chord .....n10 ,y}- ut.h 11"0 '0., '4.23.21 feet.~ ())
Sout:h 0")01)1". East 10.1 (..) southerly A -<'a ~1l:.$.t~r1y 78.56
teClt. ~lon9 the arc of lar eur~e eonca~e to It n rthwe.t~ having
G radius at 50.00 fee tended by a cho ~h eh bears Sout:h
44")0114" West 10.13 So",,, wo 9623 teet,
thence: South 0")01)1 at IN'1' OF BEGt HING ot the,
P~rcel herein de.erl ~or or less.
3:1'
~
Less and except the
f land,
Containing 14.95 ~cre~ of
~~!~.!2.!!..!_or ..E,ecord.
land marl! or less ~ubject to easements lIlnd
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Exhibit B
N}.
Conditions of Approval
SV-2008-AR-13374
October.20,2008
1. Irrespective of that depicted on the Master Plan entitled "Naples Grande,"
by Charles Tolton and Associates. Inc, dated October 20, 2008 and
included as Exhibit B, the number of signs on the site shall be limited to
only three, which are those identified as "A," "B" and "e."
2. The separation Variances granted shall be limited to the following: 65.85
feet between signs A and B; 65.40 feet between signs A and C; and 40.1 7
feet between signs Band C.
f
7A
. .
Exhibit C
Page I ofl
Teresa L. Polaski
7A
From:
Sent:
To:
RamirezHeather [HeatherRamirez@colliergov.net]
Wednesday, November 05, 2008 10: 12 AM
Minutes and Records
Subject: SV-2008-AR-11374 Advertising
Attachments: SV-2008-AR-13374 Legal Ad.pdt; SV-2008-AR-13374 Resolution.pdt
Here is the first petition for the December 4th advertising. Please make sure to use the Zoning account
number: 068779 for invoices. There are 4 more petitions to follow.
Heather L. Ramirez
PLlIlIllng Technician
Zoning & Land Development Review
Ph: (239)-252-2930
I. (2 'il) 'v2 ("(."
'ax: ~~):. -,~:) _~ J,) J6
email: IlcathcrRdmircz@colliergov.lIct
11/5/2008
t 7 A
NDN #068779
November 5, 2008
Naples Daily News
1075 Central Avenue
Naples, FL 34102
Re: SV-2008-AR-13374; Naples Grande Beach Resort
Dear Legals:
Please advertise the above referenced petition on Sunday, November 16, 2008 and
kindly send the Affidavit of Publication, in duplicate, together with charges involved
to this office.
Thank you.
Sincerely,
Teresa Polaski,
Deputy Clerk
P.O. #4500096189
"'--'-_._-_"'_~,_-----,~~--
NOTICE OF PUBLIC HEARING
7A
Notice is hereby given that the Board of County Commissioners of
Collier County will hold a public hearing on Tuesday, December 2,
2008, in the Boardroom. 3rd Floor, Administration Building, Collier
County Government Center, 3301 East Tamiami Trail, Naples.
Florida. The meeting will begin at 9:00 A.M.
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER
COUNTY, FLORIDA, RELATING TO PETITION NUMBER SV-2008-AR-
13374, GRANTING SEVEN VARIANCES FROM SECTION 5.06.04.C.l. OF
THE LAND DEVELOPMENT CODE, CONCERNING THE DISTANCE BETWEEN
SIGNS AND THE NUMBER OF SIGNS PRESENT ALONG A ROAD FRONTAGE
FOR THE NAPLES GRANDE BEACH RESORT, WHICH SIGNS ARE LOCATED
AT 475 SEAGATE DRIVE, IN SECTION 9, TOWNSHIP 49 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA.
Petition: SV-2008-AR-13374, Naples Grande Beach Resort,
represented by Hunter Hansen, requesting seven variances. The
first six Variances are from the Land Development Code (LDC)
Section 5.06.04.C.l., which requires a minimum separation of
1,000 lineal feet between signs, to allow a sign separation
of 66 +/- feet, 40 +/- feet, 156 +/- feet, 66 +/- feet, 71
+/- feet and 96 +/- feet. The seventh Variance is from LDC
Section 5.06.04.C.l., which permits a maximum of two pole
signs per street frontage, to permit a maximum of four signs
along a street frontage. The subject property is located at
475 Seagate Drive, Section 9, Township 49, Range 25 East,
Collier County, Florida.
NOTE: All Persons wishing to speak on any agenda item must
register with the County Administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 5 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged. If
recognized by the Chair, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall be
submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations
before the Board will become a permanent part of the record.
Any person who decides to appeal a decision of the 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 based.
f 7 A
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 Tamiami Trail East, Building W, Naples, Florida
34112, (239) 252-8380. Assisted listening devices for the hearing
impaired are available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Polaski, Deputy Clerk
(SEAL)
-_.~,,-_.-..-..~.__..~_... ~._.... ~~---'._--'----'~'---'-'-'--
Dwight E. Brock
Clerk of Courts
\~ntiore'611ier
CLERK OF THE CIRClJIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMll'~AIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 101-3044
l 7A
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
November 6, 2008
Hunter Hansen
Naples Grande Beach Resort
475 Seagate Dr.
Naples, FL 34103
Re: SV-2008-AR-13374; Naples Grande Beach Resort
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, December 2, 2008, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 16,
2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~(cL~~ ~
Teresa Polaski, Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.coIIiercIerk.com
Fax (239) 252-2755
Email: coIIiercIerk@coIIiercIerk.com
^ ______"~_.___,__, """_~'">'~""H "_""~~'_"'_'^__...~.__.,,,"_...,,.._.~...,, . __.~.__ .
Teresa L. Polaski
7A
To:
Subject:
legals@naplesnews.com
SV-2008-AR-13374, Naples Grande Beach Resort
Attachments:
SV-2008-AR-13374.doc; SV-2008-AR-13374.doc
Legals,
Please advertise the following on Sunday. November 16, 2008. Thanks
~
~
5V-2008-AR-1337 5V-2008-AR-1337
4.doc (28 KB) 4.doc (29 KB)
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes ond Records Department
239-252-8411
239-252-8408 fax
(T eresa.Po las ki@collierclerk.com)
1
Teresa L Polaski
, 7 A
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Thursday, November 06, 2008 10:24 AM
Teresa L. Polaski
Delivery Status Notification (Relay)
Attachments:
A TT90801.txt; SV-2008-AR-13374, Naples Grande Beach Resort
s
r-";I
L::..J
A TT9080l.txt 5V-2008-AR-1337
(231 B) 4, Naples Grand...
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
SV-2008-AR-13374, Naples Grande Beach Resort
Teresa L. Polaski
7A
From:
Sent:
To:
Pagan, Emely [EPagan@Naplesnews.com]
Thursday, November 06, 2008 11 :24 AM
Teresa L. Polaski
Subject: RE: SV-2008-AR-13374, Naples Grande Beach Resort
OK
From: Teresa L. Polaski [mailto:Teresa,Polaski@colliercierk.com]
Posted At: Thursday, November 06, 2008 10:24 AM
Posted To: Legals - NDN
Conversation: 5V-2008-AR-13374, Naples Grande Beach Resort
Subject: 5V-2008-AR-13374, Naples Grande Beach Resort
Legals,
Please advertise the following on Sunday, November 16. 2008. Thanks
<<SV-2008-AR-13374.doc>> <<SV-2008-AR-13374.doc>>
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Deportment
239-252-8411
239-252-8408 fax
(Teresa. Po las ki@collierclerk.com)
11/6/2008
Page I of I
Teresa L. Polaski
7A
From:
Sent:
To:
Subject:
Attachments:
!iI
UAS728.jpg (90
KB)
SV-2008-AR-13374
Thank you for
Date
Publication
Account Number
Ad Number
Total Ad Cost
Pagan, Emely [EPagan@Naplesnews.com]
Thursday, November 06, 2008 3:06 PM
Teresa L. Polaski
Ad Confirmation
UAS728.jpg
placing your ad.
11/16/08
NDN
744102
1752931
$392.10
NAPLES DAILY NEWS
Published Daily
Naples, FL 34102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority. personaIly
appeared Phil Lewis. who on oath says that he
serves as the Editor of the Naples Daily. a daily newspaper
published at Naples. in Collier County, Florida; distribuJed
in Collier and Lee counties of Florida; that the attached copy
of the advertising. being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper
on November 16, 2008
1 lime in the issue
Affiant further says that the said Naples Daily News is a newspaper
published at Naples. in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in said Collier
County, Florida; distributed in Collier and Lee counties of Florida,
each day and has been entered as second class mail matter at the post
office in Naples, in said Collier County, Florida. for a period of I
year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor
promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for
PMOnintheSaid~
0~ -
( Signature of affiant) ,
Sworn to and subscribed before me
This 21st day of November, 2008 -/
Q /'
~60
~~_r~ic)
;.i'J:..\,;;, Commission DD 657030
'1i~~1 Expires July 18, 2011
",.'/r..r/t' BondedThni Troy Fain Insuraroce600-385-7019
7A
'" ~\,,<'i:..
hIft~~;
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP ?A
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
excention of the Chairman's sienature, draw a line throul!h routine: lines #1 throum #4, comolctc the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCe approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BeC Chairman's signature are to be delivered to the BCe office only after the Bee has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Phone Number
Agenda Item Number
o~-3m
Number of Original
Documents Attached
Yes
(Initial)
N/A (Not
A licable)
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances.
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the Bce
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval ofthe
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si lure and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aw re of our deadlines!
The document was approved by the BCC on 0 (enter date) and all changes
made during the meeting have been incorporat i the attached document. The
Conn Attorne's Office has reviewed the chan es, if a lieable.
r
~
1: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
2.
3.
4.
5.
6.
7A
MEMORANDUM
Date:
December 8, 2008
To:
John-David Moss, Principal Planner
Zoning and Land Development Review
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2008-350: SV-2008-AR-13374
Enclosed please find one (1) copy of the document as referenced above,
(Agenda Item #7A), which was adopted by the Board of County
Commissioners on Tuesday, December 2, 2008.
If you have any questions, please call me at 252-8411.
Thank you.
Enclosure
7A
RESOLUTION NO. 08 _ 350
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION
NUMBER SV-2008-AR-13374, GRANTING THREE
VARIANCES FROM SECTION 5.06.04.C.1. OF THE LAND
DEVELOPMENT CODE, CONCERNING THE DISTANCE
BETWEEN SIGNS AND THE NUMBER OF SIGNS PRESENT
ALONG A ROAD FRONTAGE FOR THE NAPLES GRANDE
BEACH RESORT, WHICH SIGNS ARE LOCATED AT 475
SEA GATE DRIVE, IN SECTION 9, TOWNSHIP 49 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has
conferred on all counties in Florida the power to establish, coordinate and enforce zoning and
such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC)
(Ordinance No. 04-41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which is the granting of variances; and
WHEREAS, Petitioner now owns and operates the property formerly known as the
Registry Resort Hotel, located at 475 Seagate Drive, Naples, Florida and seeks to alter the
signage on the property to conform to the new identity of the Resort; and
WHEREAS, Petitioner wishes to have signs with separations of 65 '" feet, 65.85", feet
and 40.17 '" feet located about its property; and
WHEREAS, without a variance, Petitioner cannot locate signs within 1,000 lineal feet of
one another, as LDC Section 5.06.04.C.1 requires a minimum separation of 1,000 lineal feet
between signs; and
WHEREAS, Petitioner wishes to have a maximum of three signs placed along a street
frontage; and
Page I of3
?A
WHEREAS, without a variance, Petitioner can have no more than one sign per street
frontage pursuant to LDC Section 5.06.04.C.1.
WHEREAS, the Board of Zoning Appeals (Board) has held a public hearing with due
notice made, and has considered the advisability of granting these variances; and
WHEREAS, the Board has found as a matter of fact that satisfactory provision and
arrangement have been made concerning all applicable matters required by the Land
Development Code; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that the Board hereby approve three variances from LDC
Section 5.06.04.C.1., all of which concern distance between signs as requested in Petition SV-
2008-AR-13374, filed by Hunter Hansen, on behalf of the Petitioner, Lehill Partners, L.P. d/b/a
Naples Grande Beach Resort, subject to the signs being erected in the fashion and at the
distances contained in Exhibit "B", the site plan concerning the subject property described as 475
Seagate Drive, Naples, Collier County, Florida, as more particularly described in OR Book 1225,
Page 714, (Legal Description attached as Exhibit "A") of the Official Public Records of Collier
County, Florida.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV-
2008-AR-13374 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote this
It$:
~ day of
7)fC~.-tIA~ , 2008.
-
Page 2 of3
7A
ATTEST:
D~!,~'E.'B~OCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY FLORIDA
c
,test a~toCl\4I...ty Clerk
1~.tlnOll~I.
. .t'~'l: .,",'.r'
B
TOM HENNING, Cll' an
Approved as to form
and legal sufficiency:
. .
-, -I. l ,.i I
.' .__ . /,_...i. l---__.......
Steven T. Williams
Assistant County Attorney
... -1
Attachments: Exhibit A: Legal Description
Exhibit B: Site Plan
CPI08,CPS,0088I 114
Item# 1 A
Agenda \ a.\~lt,~
Date
Page3of3
~~)~\~L
.!. LI <::
Deputy Clerk
J
-ral
.....,.......-. .
lL\:o.:-il,:",,,",':"-
Exhibit A
_"1il
HOLE. MONTES ANa ASSOC., INC. rebruary 6, 1995
CONSULTING IN(iINL:t:ns - LhNO sunvEvlms
Doscription or p.1rt of parcol "0" or Polican Bay Unit Onn, Plat Dooll.
12, Pages 41 through 52. CoJJier County, Florida.
llQ!f!:_!!.!!:
AJJ that part DC Parcel "0" DC Pelican Day Unit One according to the
plat thoreof as recorded in Plat Dook 12. P4ql!S 41 throu9h 52, Collier
County Public Records, Collier County, rJorida and belnq more
particularly described &5 followSJ
Commencing at the southwest corner of the southeast 1/4 DC Section 9,
Township 49 South. Range 2S East. Collier Count" Florida, thence along
the south line of said Section 9, South 89-)0'59- West 159.25 feet'to
the POINT OF BEGINNING of the parcel herein described, thence continue
along the south line oC said Section 9, said line also being the south
line ot Parcel -0- of said ~elican Bay Unit One, South 89.)0'59h West
489.00 feet, thence North 0.29'01- West 50.00 feetl thence North
46-47')4- West 12).05 feet, thence South 89.)0'S9- West 212.00 teet,
thence North 7.-50'41- West 101.04 feet, thence North 15-09'19~ East
I70.od feet, thence North 0-26'26- East 246.15 feet, thence North
15-31'21- West 51.44 feet, thence North",4.29')9- East 856.61 teet to
the westerly right-ot-way line of crayton Road as shown on the said
Plat of Pelican Bay Unit One, thence along said right-of-way line the
following four (4) described coues. .~~. 2211--43'05- East 255.71
feet, (2) southeasterly 425.70 . ~~~~~f71~Of a circular cune
con~ave to the southwest ha~n9\a, ~ s'-6'!::'l(J l 0 feet, and being.
subtended by a chord whic <P1.VI~th 11-0 ~.p: 423.27 feet, (3)
South 0-)0'31-. Eact 70.1 ~~:("(..) southerly a .,(sdu....t: wes.t~rly 78.56
feet along the arc of c';~dlar curve concave to ~; n rthwest, having
a radius of 50.00 fee and:h~~tended by a cho vh ch beArs South
44-30'14- West 70.1] eet t'tHln~e so\t-t.h-"8~~ 9- We 98 23 feet,
thence South 0.)0'31 EA t 7a"':' et the PINT OF BEGI'{tHIHG ot the.
::::":n:"::::p:":::' ed, eong" n:~o ~ ,t"::\,:r1::::.
beJng more particul rly 0 cri d tJ f [-...1
Commencing at the s Q 1 orne S n 9, s ~19 South,
Ranqe 25 East, Colli; C unty, Florida, as s~n oh th~~ t at said
Pelican 8ay Unit One 'I'l1te ce alonq the south ne bt lti.d Section 9
South 89-30'59" West ~ teet to tho sout st lco ~ 6f PArcel -0-
of said Pelican Bay Un\'l:PD 1 thence alon9 the .~ (1~Aine ot said
Parcel -0- North 0-JO'3 ,~W; 10.00 feet to the R1~I6F BEGINNING of
the parcol herein descrl c(~~~ ~e leaving t , ~~~~lY line of said
Parcel -0- continue North -ID'l"}..,"--w-..a...t.-J.. ," 1e'\E):.Khonce along a line
17.5 feet north of and parallwi[t- Hh,'~I\~L.'~ne of uid P",rcel -0-
North 89-]0'59" East 136.23 teet '~c~-~~~sterlY 43.16 feet along
the Arc of a non-tangential circular~~ concave to the northwest,
having a redius.of' 50.00 foet, through a centr",l angle of 49-21')0- e",d
beinq eubtended by .It. chord vhich bears South 64-47'14- West 41.83 teet
to tho south line of .aid Parcel -0-, thence along said south line
South 89-30'59- West 98.23 feet to the POINT OF B~GINNING ot the pArcel
herein described, containing 2,181 square teet of land more or less.
Containinq 14.95 acres of
~.E!.ictions_of ..!..ocord.
l",nd more Dr less subject to easements and
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Exhibit B
, 7 C
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
xxx Normal Legal Advertisement Other:
(Display Adv., location, etc.)
*****w********************************.***********************w**w***********************************
Originating Dept/Div: CDESJZoninl! Person: AshleyCaserta ~ Date: \ I (slar
Petition No. (If none, give brief description): ADAM2008-AR-1373I, Monte Carlo Club Condominium Assoc.
Petitioner: (Name & Address): Quip L. Kurth, Turrell And Associates, Inc., 3584 Exchange Ave" Suite a, Naples, FL 34104
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Monte Carlo
Club Condominium Association, loc., P.O. Box 7622, Naples FL 34104
Hearing before BCe
BZA
Other
Requested Hearing date:
December 2. 2008
Based on advertisement appearing 15 dan before hearing.
Newspaper(s) to be used: (Complete only if important):
lQQl; Naples Daily News
Other
Legally Required
Proposed Text: (Include legal description & common location & Size: Petition: ADA-2008~AR-13731, Monte Carlo Club
Condominium Association, Inc., represented by Quin L. Kurth of Turrell, Hall and Associates, Inc., requesting an appeal to
the Board of Zoning Appeals of a decision of the Collier County Planning Commission in Resolution No. 08-03 denying Petition
BD~2006-AR-9061 that requested a I 5.foot boat dock extension over the maximum 20-foot protrusion limit as provided in Section
5.03.06 of the Land Development Code to allow a 35.foot boat dock facility accommodating 20 additional boat slips tor property
described as Lots 1 and 2, Block B of Baker-Carroll Point Unit 2 Subdivision in Section 29, Township 48 South, Range 25
East, Collier County, Florida (part of the Monte Carlo Club Condominium).
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs:
Account Number: 068779 I~ We) (.Ocf'Hlg'i
Reviewed by: V\ Y'Y1 ".J2.~ I! !t;- J op
Divis' n Administrator or Designee Date' I
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before Bee or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is Involved, be sure that any necessary legal review, or
request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will
distribute copics:
County Manager agenda file: to
Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
*~~~.~~~*~*~~.~*****~******~********~*~******~*~***********************~**k******************~*k'****
FOR CLERK'S OFFICE USE ONLY:
Date Received: ~ Date of Public hearing: ~E8 Date Advertised: $lce
I
7C
RESOLUTION 08-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, DENYING APPEAL NO.
ADA-2008-AR-1373I IN REGARD TO A PETITION FOR
BOAT DOCK EXTENSION BY MONTE CARLO CLUB
CONDOMINIUM ASSOCIATION, INC., LOCATED WITHIN
BAKER-CARROLL POINT SUBDIVISION, IN SECTION 29,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida,
and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish,
coordinate and enforce zoning and such business regulations as are necessary for the protection
ofthe public; and
WHEREAS. the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which are provisions for granting extensions for boat
docks; and
WHEREAS, the Collier County Planning Commission on August 7, 2008 heard and
denied Petition BD-2006-AR-9061, filed by Turrell, Hall and Associates, Inc, on behalf of
Monte Carlo Club Condominium Association, Inc., which requested a 15-foot boat dock
extension from the 20-foot length otherwise allowed by Section 5.03.06.E.l of the Collier
County Land Development Code to authorize a boat dock facility that would protrude 35 feet
into a waterway and accommodate 20 additional boat slips in an RMF-16 Zoning District for the
properly hereinafter described as:
Lots 1 and 2, Block B, of the Baker-Carrol Point Unit 2 Subdivision,
as described in Plat Book 8, Page 62, of the Public Records of Collier
County, Florida (part ofthe Monte Carlo Club Condominium)
; and
WHEREAS, Monte Carlo Club Condominium Association, Inc., filed Appeal No. ADA-
2008-AR-13731, appealing the decision of the Collier County Planning Commission in CCPC
Resolution No. 08-03 denying petition BD-2006-AR-9061; and
Page I of2
7G
WHEREAS, all interested parties have been given opportunity to be heard by this Board
of Zoning Appeals in a public meeting assembled and the Board having considered all mailers
presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA that:
For the reasons set forth in the record, the Board of Zoning Appeals affinns the decision
of the Collier County Planning Commission in CCPC Resolution No. 08-03, and Appeal No.
ADA-2008-AR-1373l is hereby denied. The Board finds that there was competent and
substantial evidence to arrive at the conclusions of the Collier County Planning Commission.
The Board of Zoning Appeals hereby further finds that the decision of the Collier County
Planning Commission is consistent with the Collier County Land Development Code and the
ColJier County Growth Management Plan.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second, and majority vote, this _ day of
,2008.
ATTEST:
Dwight E. Brock, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
TOM HENNING, CHAIRMAN
Approved as to fonn and
legal sufficiency:
""(Jt,,
,'"
"
Heidi Ashton-Cicko
Assistant County Attorney
CP\07.(;PS.ooS79112
Page 2 of2
Page 1 of 1
7C
Teresa L. Polaski
From: RamirezHeather [HeatherRamirez@colliergov.net]
Sent: Wednesday, November 05, 2008 1 :05 PM
To: Minutes and Records
Subject: Advertising
Attachments: ADA-2008-AR-13731 Legal Ad.pdt; ADA-2008-AR-13731 Resolution.pdt
Last petition for the December 2nd advertising. Please make sure to use the Zoning account number:
068779.
Heather L. Ramirez
Planning Technician
Zoning & Land Development Hevlcw
Ph: (239)-252-2930
I'. (')')9) ')"2 ("I( (:
dX. "')'. -....,} ~- ),) ))
cnui I: II cather RaIl! irez(i/icol U~;rg{)v, I1C't
11/5/2008
7C
NDN Account #068779
November 5,2008
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: ADA-2008-AR-13731; Monte Carlo Club Condominium Assoc.
Dear Legals:
Please advertise the above referenced notice on Sunday, November 16, 2008 and
kindly send the Affidavits of Publication, in duplicate, together with charges
involved to this office.
Thank you.
Sincerely,
Teresa Polaski,
Deputy Clerk
P.O. #4500094189
NOTICE OF PUBLIC HEARING
7C
Notice is hereby given that the Board of County Commissioners of Collier
County will hold a public hearing on Tuesday, December 2, 2008, in the
Boardroom, 3rd Floor, Administration Building, Collier County Government
Center. 3301 East Tamiami Trail. Naples, Florida. The meeting will begin
at 9:00 A.M. The proposed title of the resolution is as follows:
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA,
DENYING APPEAL NO. ADA-2008-AR-13731 IN REGARD TO A PETITION FOR BOAT DOCK
EXTENSION BY MONTE CARLO CLUB CONDOMINIUM ASSOCIATION, INC., LOCATED
WITHIN BAKER-CARROLL POINT SUBDIVISION, IN SECTION 29, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
Petition: ADA-2008-AR-13731, Monte Carlo Club Condominium Association,
Inc., represented by Quin L. Kurth of Turrell. Hall and Associates, Inc..
requesting an appeal to the Board of Zoning Appeals of a decision of the
Collier County Planning Commission in Resolution No. 08-03 denying
Petition BD-2006-AR-9061 that requested a 15-foot boat dock extension over
the maximum 20-foot protrusion limit as provided in Section 5.03.06 of the
Land Development Code to allow a 35-foot boat dock facility accommodating
20 additional boat slips for property described as Lots I and 2, Block B
of Baker-Carroll Point Unit 2 Subdivision in Section 29, Township 48
South, Range 25 East. Collier County, Florida (part of the Monte Carlo
Club Condominium) .
NOTE: All Persons wishing to speak on any agenda item must register with
the County Administrator prior to presentation of the agenda item to be
addressed. Individual speakers will be limited to 5 minutes on any item.
The selection of an individual to speak on behalf of an organization or
group lS encouraged. If recognized by the Chair, a spokesperson for a
group or organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board
agenda packets must submit said material a minimum of 3 weeks prior to the
respective public hearing. In any case, written materials intended to be
considered by the Board shall be submitted to the appropriate County staff
a minimum of seven days prior to the public hearing. All material used in
presentations before the Board will become a permanent part of the record.
Any person who decides to appeal a decision of the 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 based.
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 Tamiami Trail East.
Building W, Naples, Florida 34112, (239)252-8380; assisted listening
devices for the hearing impaired are available in the County
Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Polaski, Deputy Clerk
7C
Dwight E. Brock
Clerk of Courts
'eowp!yofCollier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTYCOURfHOUSE
3301 TAMIAMI l'~AIL EAST
PO. BOX 413044
NAPLES, FLORIDA'341 0 1-3044
, 7C
"
tV"'
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
November 6, 2008
Quin L. Kurth
Turrell and Associates, Inc.
3584 Exchange Ave., Ste B
Naples, FL 34104
Re: Notice of Public Hearing to Consider Petition:
ADA-2008-AR-13731; Monte Carlo Club Condominium Assoc.
Dear Petitioner:
Please be advised that the above referenced petition will be considered by the
Board of County Commissioners on Tuesday, December 2, 2008 as indicated on
the enclosed notice. The legal notice pertaining to this petition will be published in
the Naples Daily News on Sunday, November 16, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
(\ tJ" .~" :VO~~.
~i,
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@)collierclerk.com
Dwight E. Brock
Clerk of Courts
';e~o~ntY:ore'bllier
1.1.- "~..... .
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMnRAIL EAST
PO. BOX 413044
NAPLES. FLORIDA']41 0 1-3044
170
,.,/
"{'~~
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
November 6,2008
Monte Carlo Club Condominium Association, Inc.
P.O. Box 7622
Naples, FL 34104
Re: Notice of Public Hearing to Consider Petition:
ADA-2008-AR-13731; Monte Carlo Club Condominium Assoc.
Dear Petitioner:
Please be advised that the above referenced petition will be considered by the
Board of County Commissioners on Tuesday, December 2, 2008 as indicated on
the enclosed notice. The legal notice pertaining to this petition will be published in
the Naples Daily News on Sunday, November 16, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~~Ik
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.coIIierclerk.com
Fax (239) 252-2755
Email: coIIierclerk@coIIierclerk.com
~.~ 7 C
Teresa L. Polaski
To:
Subject:
legals@naplesnews.com
ADA-2008-AR-13731
Attachments:
ADA-2008-AR-13731.doc; ADA-2008-AR-13731.doc
Legals,
Please advertise the following on Sunday, November 16, 2008. Thanks
~ ~
ADA-2008-AR-13 ADA-2008-AR-13
731.doc (28 KB) 731.doc (28 KB)
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(Teresa. Po 105 k i@collierclerk.com)
1
7C
Teresa L. Polaski
From:
Sent:
To:
Subject:
poslmaster@collierclerk.com
Thursday, November 06, 2008 10:36 AM
Teresa L. Polaski
Delivery Status Notification (Relay)
Attachments:
ATT90976.txt; ADA-2008-AR-13731
1'S:1
UU
u
ATT90976.txt ADA-2008-AR-13
(231 8) 731
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
ADA-2008-AR-13731
Page I of I
70
Teresa L. Polaski
From: Pagan, Emely [EPagan@Naplesnews.com]
Sent: Thursday, November 06, 2008 11 :28 AM
To: Teresa L. Polaski
Subject: RE: ADA-2008-AR-13731
OK
From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com]
Posted At: Thursday, November 06, 2008 10:36 AM
Posted To: Legals - NON
Conversation: AOA-2008-AR-13731
Subject: AOA-2008-AR-13731
Legals,
Please advertise the following on Sunday. November 16. 2008. Thanks
<<ADA-2008-AR-13731.doc>> <<ADA-2008-AR-13731.doc>>
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T eresa.Po laski@collierclerk.com)
11/6/2008
Teresa L. Polaski
t 7C
From:
Sent:
To:
Subject:
Attachments:
;;;..'\
~
UAS75B.jpg (92
KB)
Pagan, Emely [EPagan@Naplesnews.com]
Thursday, November 06, 2008 3:09 PM
T erssa L. Polaski
Ad Confirmation
UAS758.jpg
DA~2008~AR~13731
Thank you
Date
Publication
Account Number
Ad Number
Total Ad Cost
for placing your ad.
11/06/08
NDN
744102
1752934
$387.80
1
Naples Daily News
Naples. FL 34102
Affidavit of Publication
Naples Daily News
---~~----------------------~----------------------+-~
BCC/ZONING DEPARTMENT
S CLUTE/FINANCE DEPT
POB 413044 CLERK OF THE CIRCUIT COURT
NAPLES FL 34101
REFERENCE: 068779
59540798
4500094189
NOTICE OF PUBLIC HEA
State of Florida
County of Collier
Before the undersigned authority, personally
appeared B. Lamb. who on oath says that she serves
as Assistant Corporate Secretary of the Naples
Daily News, a daily newspaper published at Naples.
in Collier County, Florida: that .the attached
copy of advertising was published in said
newspaper on dates listed.
Affiant further says that the said Naples Daily
News is a newspaper published at Naples, in said
Collier County. Florida, and that the said
newspaper has heretofore been continuously
published in said Collier County, Florida. each
day and has been entered as second class mail
matter at the post office in Naples, in said
Collier County. Florida. for a period of 1 year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that she has neither paid nor
promised any person, firm or corporation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper.
PUBLISHED ON: 11/16 11/16
AD SPACE:
FILED ON:
160.000 INCH
11/17/08
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Sworn to and Subscribed before me this'\X',\-\\. day of 'f)\3'-".'d",^_ 20C,,?
Personally known by me
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AGENDA ITEM TITLE:
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AGENDA ITEM NUMBER:
7e
PLEASE PRINT CLEARLY
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD.
NAME:
.\ r ..,L. I.A
8"'(f"cI'
ADDRESS:
41"l P""Iw-. ~,
J'Jc-"'Y' l-e <:;
"3..((102;
REPRESENTING: PETITIONER:
OTHER:
COLLIER COUNTY ORDINANCE No. 07..24 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, 4TH FLOOR, W. HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL.
You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND ARE To ADDRESS ONLY THE CHAIR.
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AGENDA ITEM TITLE:
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PLEASE PRINT CLEARLY
AGENDA ITEM NUMBER:
7C!-
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD.
L euJ )~~ hm' ell
ADDRESS:
105 f?, 'l.e. II Ve.. d,IYe~
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NAME:
REPRESENTING: PETITIONER: /f~
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OTHER:
COLLIER COUNTY ORDINANCE No. 07..24 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, 4TH FLOOR, W. HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL.
You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR.
AGENDA ITEM TITLE: ~, c!., !Z
c>g-D'3
AGENDA ITEM NUMBER: ) C
PLEASE PRINT CLEARLY
o THE SUBJECT BEING HEARD.
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR T , . __ P -0 :tf 9 tP-{
, . 3 r;:; t r S /-1 d ~ Ir. 1"- ,
vJ L L . ^ ffI 13. /'3 L I /I.J. t:: ADDRESS: / 16 0 J
NAME: I 1,'7 '
13 'f{ A OTHER:
REPRESENTING: PETITIONER: V.), .
G IN ANY LOBBYING ACTIVITIES
HAT ALL LOBBYISTS SHALL, BEFORE ENGAGIN C K TO THE BOARD AT
COLLIER COUNTY ORDINANC\~O~g~::S~~N~~~S ~OARD OF COUNTY COMMISSIONEBRS, ~1~~S;~~t~-:S~~AM::~ TRAIL, NAPLES, FL.
(INCLUDING, BUT NOT LIMITED , 4TH FLOOR W. HARMON TURNER UIL ,
THE BOARD MINUTES AND RECORDS DEPARTMENT" RE To ADDRESS ONLY THE CHAIR.
You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND A
AGENDA ITEM TITLE:
AGENDA ITEM NUMBER:
7C
PLEASE PRINT CLEARLY
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD.
NAME: () /'n ~ i\O( 1 )175
ADDRESS:
REPRESENTING: PETITIONER:
OTHER:
COLLIER COUNTY ORDINANCE No. 07..24 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, 4TH FLOOR, W. HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL.
You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND ARE To ADDRESS ONLY THE CHAIR.
AGENDA ITEM TITLE: f'r) ON,e CARLo
Ap;J&HL
AGENDA ITEM NUMBER:
7c
PLEASE PRINT CLEARLY
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR, TO THE SUBJECT BEING HEAl
NAME: ~TflLFmJ Ko66/1J'3 ADDRESS: /0 ~2S C'ULF' ,S/~f(t nf- :.if23( 3110t
1 /
REPRESENTING: PETITIONER:#:: ~:~d~ _ OTHER: VJ.-j,~~"-.I?..Q<1.~j}.t{A
COLLIER COUNTY ORDINANCE No. 07..24 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, 4TH FLOOR, W. HARMON TURNER BUILDING, 3301 EAST T AMIAMI TRAIL, NAPLES, FL.
You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND ARE To ADDRESS ONLY THE CHAIR.
B Z 11. M n I.JI E ('jllU..rJ 'j)n "- K. <.
AGENDA ITEM TITLE:' IT ~-
AGENDA ITEM NUMBER:
7C-
NAME: t3AocO;:
.
PLEASE PRINT CLEARLY
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD.
ADDRESS: .2><3 CJ4J<: /Ii.IG'.
OTHER: -JJ f1 j( A-
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REPRESENTING: PETITIONER:
BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
~~~~~~;G~~~YN~~~::TNE~ ~~~g~::S~~~~~ES ~~:~i~: L~~~:~~E~~~~~~~RU~~~I~~~;~~t~-:S~~~~::~;~~~~~~~::S~ ;~.
THE BOARD MINUTES AND RECORDS DEPARTMENT, FL ,
You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND ARE To ADDRESS ONLY THE CHAIR.
,
AGENDA ITEM TITLEfi 1(,71! &lZLtP
boAr ':0<, tl<.Afe-/f}:!.i./<!>,J
I '
AGENDA ITEM NUMBER:
7CJ
PLEASE PRINT CLEARLY
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD.
NAME: -:'fi,,~r~) e ,/(6/J?/'9/f/' ADDRESS: /#6g1 t:'.J.j'",:,"*.aJ~ 13-.3&.1
REPRESENTING: PETITIONER: /Fh.t/rl" ~/?.ttJ (! ~ 1/ A OTHER:
COLLIER COUNTY ORDINANCE No. 07..24 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, 4TH FLOOR, W. HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL.
You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND ARE To ADDRESS ONLY THE CHAIR.
AGENDA ITEM TITLE:
;t1o A. I1J73T Ofi-AA1:') 120A-'r 1)&( E:J< J: AGENDA ITEM NUMBER: 7(:'/
PLEASE PRINT CLEARLY
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD.
NAME: '- b:5.e,D(f- ,-X,O ADDRESS: /{'")~J-'i( ~hJ:S 'H:.I/~1; 7)<....
REPRESENTING: PETITIONER:
OTHER:
COLLIER COUNTY ORDINANCE No. 07..24 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, 4TH FLOOR, W. HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL.
You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND ARE To ADDRESS ONLY THE CHAIR.
EXHffilT "F"
Text underiined is now text ~~:Led 7 C -
T8~ strJik......nil..gt:t .. gYFFIIAt tam tClIl2a 0181'1'" -1...U'~ _..A -
Bold text Indicates 0 defined term. I V I'~ I r)
LDC Amendment Request
lo..:J [Da1-
~(-k'7"
ORIGIN: Community Development and Environmental Services
AUTHOR: Joyce Ernst, Senior Planner
DEPARTMENT:
Zoning and Land Development Review
AMENDMENT CYCLE: Cycle I, 2006
LDC PAGE: 5:12
LDC SECTION(S): LDC section 5.03.06.G
CHANGE: To add language omitted during the re-codification process.
REASON: The language provides a necessary tool in evaluating criteria submitted for a boat
dock extension, which will assist staff and the Planning Commissioners in detennining approval
((ir denial)ofboat dock petitions.
FISCAL & OPERATIONAL IMPACTS: Reinserting this language back into the code will
assist the Planning Commissioners, staff and the general public with the Section of the code that
addresses how the prima;:Y and s<<.condary criteria, as stated in the LDC, is evaluated when either
recommending approva(~ denial)>f a boat dock extension..
RELATED CODES OR REGULATIONS:
Section 5.03.06
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTESNERSION DATE:
February 17,2006
Amend the LDC as foHows:
Section 5.03.06 Dock Facilities
.
.
.
.
.
.
.
.
.
.
.
.
.
G. Dock facility extension. Addition protrusion of a dock facility into any waterway
beyond the limits established in subsection 5.03.06(E) of this Gode may be
considered appropriate under certain circumstances. In order for the Plannina
Commission to aoorove the boat dock extension request. it must be determined
that at least four of the five orimarv criteria. and at least four of the six secondarv
criteria. have been met. These criteria are as follows:
223
1:ILOC_Amendmonts\LDC Cycle 1 .. 2006\Now Amendments\5.03.06 G dock extension 031706 JE.doc
7C
EXISTING SLIP COUNT
SLIPS LENGTH
14 35'
PROPOSEO ADDITIONAL
SLIPS LENGTH
20 35'
34 TOTAL SLIPS
)~Turrel1 & Associates, Inc.
Marine & Environmental Consulting
. 3584ExchaogeAve.SuiteB. Naple~FLl4104-3732
EmaiI: l1mI@1IIlre1l_.OIIII Phone: (239) 643-0166 Fax: (239) 643-6632
MONTE CARLO CLUB
PROPOSED DESIGN
12.19-05 SHEET 2
11-05-04 07.11..()7 SCALE 1"=80'
<>120
SECTION-29 TOWNSHIP_ 48 S RANGE- 25 E
7G
EXISTING SLIP COUNT
SLIPS LENGTH
14 35'
PROPOSED ADDITIONAL
SLIPS LENGTH
20 35'
34 TOTAL SLIPS
) ~Turrell & Associates, Inc.
Marine & Environmental Consulting
. 3584 Exchange Ave. Suile B. Naples, FL 34104-3732
Email: tuna@turrelI-associJtes.OJlIl Phone: (239) 643.0166 Fax: (239) 643-6632
MONTE CARLO CLUB
PROPOSED DESIGN
11-05-04
JOB NO. 0420
SECTION-29 TOWNSHIP-48S
SCAlE
2
1"=80'
RANGE- 25 E
7C
~Turrell & Associates, Inc.
Marine & Environmental Consulting
. 3584ExcbangeAve.SuiteB. Naples,FL3411l4-3732
EmaiI: l1ma@IuneU.........com Phone: (239) 643'()166 Fax: (239) 64~32
MONTE CARLO CLUB
EXISTING CONDITIONS
DRAWN JML 09-26-05 SHEET 1
DATE 11..05-04 07.11..()7 SCALE 1";;80'
JOB NO. 0420
SECTION-29 TOWNSHIP-48S RANGE-25E
COLLIER COUNTY LAND DEVELOPMENT CODE
7C
5.03.06 G.
G. Standards for boat lift canopies.
5.03.06 H.1.
1. Boat lift canopies shall be permitted over an existing boat lift attached to a dock legally
permitted, by the requisite local, state and federal agencies, if the following criteria are met.
a. Canopy covers shall not extend more than 27 inches beyond the width of the boat lift
on each side.
b. The length of the boat lift canopy shall not exceed 35 feet.
c. The height of the boat lift canopy shall not exceed 12 feet, measured from the
highest point of the canopy to the height of the dock walkway.
d. The sides of the canopy cover shall remain open on all sides, except that a drop
curtain, not to exceed 18 inches shall be permitted on the sides.
e. Boat lift canopies shall meet the requirements of Awnings and Canopies in the
Florida Building Code.
t. Canopy cover material shall be limited to beige, or mid-range shades of blue or
green.
g. No boatlift canopies shall be permitted at sites that contain either a boathouse or a
covered structure.
2. Lots with frontage on canals shall be permitted a maximum of one boatlift canopy per site.
Lots with frontage on bays shall be permitted a maximum of 2 boatlift canopies per site.
H.
3. If an applicant wishes to construct a boat lift canopy that does not meet the standards of
subsection 5.03.06 G. above, then a petition for a boat lift canopy deviation may be made
to the Planning Commission which shall review a sufficient petition application and either
approve or deny the request.
Dock facility extensio~dditiona1 protrusion of a dock facility into any waterway beyond the limits
established il)...Subsection 5.03.06 E. of this Code may be considered appropriate under certain
circumstance~n order for the Planning Commission to approve the boat dock extension request, it
must be determined that at least 4 of the 5 primary criteria. and at least 4 of the 6 secondary criteria,
have been met. These criteria are as follows:
1. Primary Criteria:
a. Whether the number of dock facilities and/or boat slips proposed is appropriate in
relation to the waterfront length, location, upland land use, and zoning of the subject
property. Consideration should be made of property on unbridged barrier islands,
where vessels are the primary means of transportation to and from the property. (The
number should be appropriate; typical, single-family use should be no more than 2
slips; typical multi-family use should be 1 slip per dwelling unit; in the case of
unbridged barrier island docks, additional slips may be appropriate).
b. Whether the water depth at the proposed site is so shallow that a vessel of the
general length, type, and draft as that described in the petitioner's application is
Supp. NO.4
LDC5:14
COLLIER COUNTY LAND DEVELOPMENT CODE
7C
5.03.06 D.
D. Determination as principal or accessory use.
5.03.06 E.8.
1. On unbridged barrier islands, a boat dock shall be considered a permitted principal use;
however, a dock shall not, in any way, constitute a use or structure which permits, requires.
and/or provides for any accessory uses and/or structures.
2. Boathouses and dock facilities proposed on residentially zoned properties, as defined in
section 2.02.02 of this LDC, shall be considered an accessory use or structure.
3. Any covered structure erected on a private boat dock shall be considered an accessory
use, and shall also be required to be approved through the procedures and criteria of
subsections 5.03.06(G) and 5.03.06(F) of this LDC.
E. Standards for dock facilities. The following criteria apply to dock facilities and boathouses, with the
exception of dock facilities and boathouses on man made lakes and other manmade bodies of water
under private control.
7.
8.
1.
For lots on a canal or waterway that is 100 feet or greater in width, no boathouse or dock
facility/boat combination shall protrude more than 20 feet into the waterway (i.e. the total
protrusion of the dock facility plus the total protrusion of the moored vessel).
2.
For lots on a canal or waterway that is less than 100 feet in width, dock facilities may occupy
no more than 25 percent of the width of the waterway or protrude greater than 20 feet into the
waterway, whichever is less.
3.
On man made canals 60 feet or less in width, which are not reinforced by a vertical seawall or
bulkhead, dock facilities may protrude up to 33 percent of the width of the waterway, provided
that the procedures outlined in section 5.03.06(C) are followed.
4.
For lots on unbridged barrier islands located within state aquatic preserves, protrusion limits,
setbacks, and deck area shall be determined by the applicable Florida Department of
Environmental Protection (DEP) regulations in effect at the time of permit application, and the
protrusion limits above shall not apply. All required DEP permits for a dock facility must be
obtained prior to the issuance of a Collier County building permit for the facility.
5.
All dock facilities on lots with water frontage of 60 feet or greater shall have a side setback
requirement of 15 feet, except as provided in subsections 5.03.06(E) or 5.03.06(F) of this LDC
or as exempted below.
6.
All dock facilities, except boathouses, on lots with less than 60 feet of water frontage shall
have a side setback requirement of 7.5 feet.
All dock facilities, except boathouses, on lots at the end or side end of a canal or waterway
shall have a side setback requirement of 7.5 feet as measured from the side lot line or
riparian line, whichever is appropriate.
Riparian lines for lots at the end or side end of a waterway with a regular shoreline shall be
established by a line extending from the corner of an end lot and side end lot into the
waterway bisecting equidistantly the angle created by the 2 intersecting lots.
Supp. No.4
LDC5:12
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COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADYERTISING OF PUBLIC HEARINGS
(i)~...
, ,
'0,,0
SA
To: Clerk to the Board: Please place the following as a:
[8J Normal legal Advertisement
(Display Adv., location, etc.)
o Other:
**********************************************************************************************************
Originating Dept/ Div: County Attorney
Date:
Person: Jennifer A. Belpedio, Assistant County Attorney
Petition No. (If none, give brief description):
Petitioner: (Name & Address):
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before @ BZA Other
Requested Hearing date: (Based on advertisement appearing 10 days before hearing. 12/02/08
Newspaper(s) to be used: (Complete only if important):
[8J Naples Daily News
o Other
[8J Legally Required
Proposed Text: (Include legal description & common location & Size:
See Attached
Companion petition(s), ifany & proposed hearing date: N/A
Does Petition Fee include advertising cost? 0 Yes riNO If Yes, what account should be charged for advertising costs:
001- IOOSIO - "4 q 100
:~!f~~,~ D,~M oe
~.o.
'-t 5)ooq~5~q
~c..~1
List Attachments:
Proposed Ordinance
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
[8J County Manager agenda file: to
Clerk's Office
o Requesting Division
o Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
***********************************************************************************************************
FOR CLERK'S OFFICE USE,~~~~~c- '11'1 { n' . I '71171<
Date Received: ~_ Date of Public hearing: 1~t-_ Date Advertised: l4-~~
04-COA-O I 023/276
SA
ORDINANCE NO. 2008-
AN ORDINANCE REPEAI~ING AND REPLACING COLLIER
COUNTY ORDINANCE NO. 74-7 WITH AN ORDINANCE
PROHIBITING CAMPING IN THE UNINCORPORATED AREAS
OF COLLIER COUNTY; DEFINING CAMPING; PROVIDING
FOR EXCEPTIONS; PROVIDING FOR TRANSPORT TO
SHELTER IF BEDS A V A1LABLE; PROVIDING FOR
PENALTIES; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Board of County Commissioners finds that it is in the interest of health, safety,
and welfare to the citizens of Collier County that Ordinance No. 74-7 be repealed and replaced with this
Ordinance.
NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: CAMPING DEFINED
For the purpose of thIs Ordinance, "camping" is defined as:
A. Sleeping or otherwise being in a temporary shelter out-of-doors; or
B. Sleeping out-of-doors; or
C. Cooking over an open flame or fire out-of-doors.
SECTION TWO:
CAMPING PROHIBITlW, EXCEPTIONS
A. Camping is prohibited on all public property within the unIncorporated area of Collier
County, except as may be specifically authOrIzed by the appropriate govemmental authority.
B. Camping is prohibited on all property within the unincorporated area of Collier County used
for residential purposes; however, that camping is permitted on such property with the
permission and consent of the property owner.
SECTION THREE: PROVIDING FOR TRANSPORT TO SHELTER IF BEDS ARE
AVAILABLE
A. Whenever a law enforcement officer has probable cause to believe that a violation of thIs
Ordinance has occurred, he or she shall advise the person of the violatIOn and afford the person an
opportunity to relocate to a publically available shelter. If the person elects to be transportcd to the public
shelter the law enforcement officer shall make available such transportation to a public shelter for such
purpose and the person making such election shall not be charged WIth a violation of this section. If a bed
is available and the person refuses to relocate to the public shelter, then such person may be charged with
a violation of this OrdInance. If a bed is not available, then this OrdlOance shall no! be enforced.
PENALTIES
8A
SECTION FOUR:
Violations of this Ordinance shall be punishable by a fine not to exceed $500 or by imprisonment
in the county Jail as provided for m Section 125.69, Florida Statutes.
SECTION FIVE:
INCLUSION IN THE CODE OF LAWS AND ORDINANCE
The provisions of this Ordinance shall hecome and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-Iettered
to accomplish such, and the word 'tordinance!' may be changed to llsection," llartic1e," or any other
appropriate word.
SECTION SIX:
CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid
or unconstitutional by any court of competent Jurisdlction, such portion shall be deemed a separate,
distinct and independent provIsion and such holding shall not affect the validity of the remaining portion.
SECTION SEVEN: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this~day of ,2008.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK OF COLI.IER COUNTY, FLORIDA
By:
TOM HENNING, CHAIRMAN
Appr a
firm
ufficieney:
Jeffrey
]at ko ,County Attorney
Clear Day
Page I of I
Martha S. Vergara
SA
From; CrolleauKathynell [KathyneIICrotteau@colliergov.net]
Sent: Tuesday, November 18, 2008 12:08 PM
To: Martha S. Vergara
Subject: FW: PO for Naples Daily News Advertising
Importance: High
Martha: Per our conversation about the PO. number for the anti-camping ordinance hand delivered today,
please see the correct number below. Thank you.
Kathy Crotteau, Legal Secretary
Office of the Collier County Attorney
3301 Tamiami Trail East
Naples, FL 34112-4902
Phone: (239) 252-8400
Facsimile: (239) 252-6300
kathynellcrol1ea~cQllj(J(gov, nm
From: andradeana
Sent: Tuesday, November 18, 2008 12:01 PM
To: CrotteauKathynel1
Subject: PO for Naples Daily News Advertising
PO. no. 4500099539
Ana Andrade
anaandrade@colliergov,net
Office of the County Attorney
3301 East Tamiami Tr
Naples, FI 34112
Phone #239-252-8400
Fax #239-252-6300
11/18/2008
SA
Acct. #1230
November 18, 2008
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Ordinance Repealing Ordinance Number 74-7
Dear Legals:
Please advertise the above referenced notice on Friday, November 21,2008 and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O.#4500099539
8A
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on December 2, 2008 in the Boardroom, 3rd
Floor, Administration Building, Collier County Government Center, 3301
East Tamiami Trail, Naples, Florida, the Board of County Commissioners
will consider the enactment of a County Ordinance. The meeting will
commence at 9:00 A.M. The title of the proposed Ordinance is as
follows:
AN ORDINANCE REPEALING AND REPLACING COLLIER COUNTY ORDINANCE
NO.74-7 WITH AN ORDINANCE PROHIBITING CAMPING IN THE
UNINCORPORATED AREAS OF COLLIER COUNTY; DEFINING CAMPING;
PROVIDING FOR EXCEPTIONS; PROVIDING FOR TRANSPORT TO SHELTER IF
BEDS AVAILABLE; PROVIDING FOR PENALTIES; PROVIDING FOR INCLUSION
IN THE CODE OF LAWS AND ORDINANCES;PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on
Board and are available for inspection.
invited to attend and be heard.
file
All
with the Clerk to the
interested parties are
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 5 minutes on
any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted to
the appropriate County staff a minimum of seven days prior to the
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the 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
based.
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
SA
to you, to the provision of certain assistance. Please contact the
Collier County Facilities Management Department, located at 3301
Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-8380.
Assisted listening devices for the hearing impaired are available in
the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
BA
Martha S. Vergara
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Tuesday, November 18, 2008 1:46 PM
Martha S. Vergara
Delivery Status Notification (Relay)
Attachments:
ATT78949.txt; Ordinance Repealing Ordinance Number 74-7
'[J"
:-,~
i';-
B
ATT7B949.txt (231 Ordinance
B) ~pealing Ordinance
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
Martha S. Vergara
From: Pagan, Emely [EPagan@Naplesnews.com]
Sent: Tuesday, November 18, 2008 3:56 PM
To: Martha S. Vergara
Subject: RE: Ordinance Repealing Ordinance Number 74-7
OK
From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com]
Posted At: Tuesday, November 18, 2008 1:46 PM
Posted To: Legals - NON
Conversation: Ordinance Repealing Ordinance Number 74-7
Subject: Ordinance Repealing Ordinance Number 74-7
Legal's,
Here is an Ad to be placed.
PLEASE SEND AN OK WHEN RECEIVED.
Thanks,
Martha Vergara
Deputy Clerk II - BMR
252-7240
11/18/2008
Page 1 of 1
SA
Naples Daily News
Naples, FL 34102
SA
Affidavit of Publication
Naples Daily News
--------------------------------------------------+------------------------
BCC/COMPREHENSIVE PLANNING DEV
S CLUTE/FINANCE DEPT
POB 413044 CLERK OF THE CIRCUIT COURT
NAPLES FL 34101
REFERENCE: 068778
59543151
ORDINANCE NO.74-7NOT
State of Florida
County of Collier
Before the undersigned authority, personally
appeared Phil Lewis, who on oath says that he
serves as the Editor and Vice President of the
Naples Daily News, a daily newspaper published at
Naples, in Collier County, Florida: that the
attached copy of advertising was published in said
newspaper on dates listed.
Affiant further says that the said Naples Daily
News is a newspaper published at Naples, in said
Collier County, Florida, and that the said
newspaper has heretofore been continuously
published in said Collier County, Florida, each
day and has been entered as second class mail
matter at the post office in Naples, in said
Collier County, Florida, for a period of 1 year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that he has neither paid nor
promised any person, firm or corporation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper.
PUBLISHED ON: 11/21
11/21
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NANCY EVANS
Commission DD 657030
Expires July 18, 2011
1>_....,'11."'T"'''r~'''''......n.....R(l(],~ijfi,7019
AD SPACE:
FILED ON:
148.000 INCH
11/21/08
. . ."
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::~~::~~~-~: - ~::::~: - -(]ij-~- - ------+- - - -- ---- - - - --- - - -- - - ---
;r//
Sworn to and Subscribed befo~e me this ~ day of . ~f/
Personally known by me ,/ l~~,--- ~
200 t{
~ 8 A
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document Original documents ~hotlld be hand delivered to the Board Office. The completed routing slip and OIiginal
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, clutes, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line throu~h routing lines #1 through #4, complete the checklist, and forward to Sue Filson line #5).
Route to Addressee( s) Office Initials Date
(List in routing order)
1. ..
2. ./~
-
3. ----
...-'--.----'-
4. Jennifer A. Belpedio, Assistant County County Attorney .::S~? 12/03/08
Attorney
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson. need to contact staff for additional or missing
information. All original documents needing the BCe Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Jennifer A. Belpedio Phone Number 252-8400
Contact
Agenda Date Item was 12/03/08 Agenda Item Number 8A
Approved bv the BCC
Type of Document Ordinance Repealing Ordinance No. 74-7 Number of Original I
Attached (Anti-Camping) =<co5 .-(;, ~ Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is appropriate.
N/A(Not
A licable)
1.
Original document has been signedlinitialed for legal sufficiency. (All documents to be signed by the
Chainnan, with the exception of most letters, must be reviewed and signed by the Office of the
County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the
County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully
executed by all parties except the BCC Chairman and Clerk to the Board and possibly State
Officials.
All handwritten strike-through and revisions have been initialed by the County Attorney's Office and
all other arties exce t the Bee Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date offiCe approval of the document or JAB
the final ne otiated contract date whichever is a licablc.
"Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's signature and JAB
initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip should be
provided to Sue Filson in the Bee office within 24 hours of BCe approval. Some documents are
time sensitive and require forwarding to Tallahassee within ~~rtai ti e frame or the BCe's actions
are nullified. Be aware of your deadlines! r 11
The document was approved by the Bee on 3/08 and all changes made during the meeting JAB
have been incorporated in the attached document. The County Attorney's Office has reviewed
the chan es, if a lieable.
2.
N/A
3.
4.
5.
N/A
6.
I: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05. Revised 2.24.05
((matter _ number}~/((document_ numbem
8 A i~.
ORDINANCE NO. 2008- ~
AN ORDINANCE REPEALING AND REPLACING COLLIER
COUNTY ORDINANCE NO. 74-7 WITH AN ORDINANCE
PROHIBITING CAMPING IN THE UNINCORPORATED AREAS
OF COLLIER COUNTY; DEFINING CAMPING; PROVIDING
FOR EXCEPTIONS; PROVIDING FOR TRANSPORT TO
SHELTER IF BEDS AVAILABLE; PROVIDING FOR
PENALTIES; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Board of County Commissioners finds that it is in the interest of health, safety,
and welfare to the citizens of Collier County that Ordinance No. 74-7 be repealed and replaced with this
Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY. FLORIDA that:
SECTION ONE:
CAMPING DEFINED
For the ptrrpose ofthls Ordinance, "camping" is defined as:
A. Sleeping or otherwise being in a temporary shelter out-of-doors; or
B. Sleeping out-of-doors; or
C. Cooking over an open flame or tIre out-ot~doors.
SECTION TWO:
CAMPING PROHIBITED, EXCEPTIONS
A. Camping IS problbited on all public property WIthin the unincorporated area of Collier
County, except as may be specifically authorized by the appropriate governmental authority.
B. Camping is prohibited on all property within the unincorporated area of Collier County used
for residential purposes; however, that camping is permitted on such property with the
permission and consent of the property owner.
SECTION THREE: PROVIDING FOR TRANSPORT TO SHELTER IF BEDS ARE
A V AlI~ABLE
A. Whenever a law enforcement officer has probable cause to believe that a violation of this
Ordinance has occurred, he or she shall advise the person of the violation and afford the person an
opportunity to relocate to a public ally available shelter. If the person elects to be transported to the public
shelter the law enforcement officer shall make available such transportation to a puhlic shelter for such
purpose and the person making such election shall not be ci}arged With a violation of this section. If a bed
is available and the person refuses to relocate to the 'public shelter. then such person may be charged WIth
a VIolation of this Ordinance. If a bed is not available, then this Ordmance shall not be enforced.
, 8 A ;"
SECTION FOUR:
PENAL TIES
Violations of this Ordinance shall be punishable by a fine not to exceed $500 or by imprisonment
in the county jail as provided for in Section 125.69. Florida Statutes.
SECTION FIVE:
INCLUSION IN THE CODE OF LAWS AND ORDINANCE
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered
to accomplIsh such. and the word "ordinance" may be changed to "section," "article," or any other
appropriate word.
SECTION SIX:
CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of CollIer County or other
applIcable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid
or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not affect the validity ofthe remaining portion.
SECTION SEVEN: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County CommissIOners of Collier County,
.1,,,\ "-
Florida, this'~day of I )ec,. .", \,,, " .2008.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK. CLERK OF COLLIER COUNTY, FLORIDA
B
ufficiency:
Jeffrey
, 8 A .~
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2008-65
Which was adopted by the Board of County Commissioners
on the 2nd day of December, 2008, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 4th
day of December, 2008.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Boaf~cif"
County Commissioners
'."
Lhtu ~{).L:' "
By: Ann Jennejohn,
Deputy Clerk
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
~ 9A
Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office The completed routing slip and original
documents are to be forwarded to the Board On'ice only after the Board hm; taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
excention of the Chairman'5 sil:mature, draw a line through routing lines # 1 through #4, comolele the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routinv order)
1.
2.
3.
4.
5. Sue Filson. Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Ace approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
informallon. All original documents needing the BCe Chairman's signature are to be delivered to the Bee ollice only after the Bee has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved by the BCC
Type of Document
Attached
Phone Number
's Office
Agenda Item Number
Extension 8400
9A
Yes
(Initial)
N/A(Not
A licable)
Resolution
Number of Original
Documents Attached
@
N/A
@
I: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03Jl4. Revised] .26.05, Revised 2.24.05
. 55(
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficicncy. (All documents to be
signed by the Chairman, with the exception of most letters. must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etL signed by the County Attorney's Omce and signature pages rrom
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibly State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exee t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBce approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials arc re uired.
In most cases (somc contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the Bee office within 24 hours of Bee approval.
Some documents arc time sensitive and require forwarding to Tallahassee within a certain
time frame or the Bee's actions are nullified. Be aware of your deadlines!
The document was approved by the Bee on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a IicabJe.
2.
3.
4.
5.
6.
q {1
.. Ii
MEMORANDUM
Date:
December 8, 2008
To:
Kay Nell, CLA
County Attorney's Office
From:
Teresa Polaski, Deputy Clerk
Minutes and Records Department
Re:
Resolution 2008-351: Development Services Advisory
Committee Appointments
Resolution 2008-352: Isles of Capri Fire Control District
Advisory Committee Re-appointments
Attached please find one (1) copy of the documents referenced
above, (Agenda Items #9A and #9B) adopted by the Board of County
Commissioners on Tuesday, December 2, 2008.
If you should have any questions, you may contact me at 252-8411.
Thank you,
Attachment
9,
RESOLUTION NO. 2008-351
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, TO REAPPOINT MEMBERS TO
THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY
COMMITTEE.
WHEREAS, Ordinance No. 93-76, as amended, which created the Collier County
Development Services Advisory Committee, provides that the Committee shall consist
of fifteen (15) members; and
WHEREAS, the terms of five (5) members are expiring creating vacancies on this
Committee; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties; and
WHEREAS, the Development Services Advisory Committee has provided the Board
of County Commissioners with its recommendations for appointment.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the below-listed members are
hereby reappointed to the Development Services Advisory Committee for four-year
terms, said terms to expire on December 14, 2012.
NAME
CATEGORY
Robert J. Mulhere
George H. Hermanson
Dalas D. Disney
William J. Varian
David B. Dunnavant
land Planner
Civil Engineer
Architect
Contractor
Attorney/Developer
BE IT FURTHER RESOLVED that the Board of County Commissioners of Collier
County hereby waives the provisions of Section Seven B. of Ordinance No. 2001-55, as
amended, relating to a limitation of two consecutive terms of office, for the purpose of
reappointment of Robert J. Mulhere and Dalas D. Disney to this Committee.
9A
This Resolution adopted after motion, second and unanimous vote on this 2nd day
of December, 2008.
ATTEST:
DWI~TrJ;., BROCK, Clerk
-\' (,.
.,-,-,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~~~
;. . .littest as tcP~R41~~r~
. 1111Raturt 0111.
B'
TOM HENNING, Chai n
Approved as to form and
lega sufficiency:
CP:08-8CC-O 94
Item# ~
Agenda I '7l 1"'2 L \Q
UJte ~o
2
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pmk paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Otlice only after the Board has taken action on the item.)
ROUTING SLIP
98
Complete routing lines # 1 through #4 as appropriate fOT additional signatures, dates, and/or information needed. If the document is already complete with the
exccDtion of the Chairman's sie:nature, draw a line throul!h routine: lines # I throul!h #4, comoletc the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Nanna]ly the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chairman''s signature arc to be delivered to the Bee omce only after the Bee has acted to approve the
item.)
Name of Primary Staff Kay Nell, CLA Phone Numher Extension 8400
Contact Collier County Attorney's Office
Agenda Date Item was December 2, 2008 Agenda Item Number 9B
Approved bv the BCC
Type of Document Resolution CB " 3'),~ N umber of Original I
Attached Documents Attached
1.
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Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
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The document was approved by the Bee on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
Yes
(Initial)
N/A(Not
A lieable)
2.
3.
4.
5.
6.
@
N/A
~
I: forms! County Forms! Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
98 I
MEMORANDUM
Date:
December 8, 2008
To:
Kay Nell, CLA
County Attorney's Office
From:
Teresa Polaski, Deputy Clerk
Minutes and Records Department
Re:
Resolution 2008-351: Development Services Advisory
Committee Appointments
Resolution 2008-352: Isles of Capri Fire Control District
Advisory Committee Re-appointments
Attached please find one (1) copy of the documents referenced
above, (Agenda Items #9A and #9B) adopted by the Board of County
Commissioners on Tuesday, December 2, 2008.
If you should have any questions, you may contact me at 252-8411.
Thank you,
Attachment
RESOLUTION NO. 2008-352
9.
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, TO REAPPOINT MEMBERS TO THE
ISLES OF CAPRI FIRE CONTROL DISTRICT ADVISORY COMMITTEE.
WHEREAS, Collier County Ordinance No. 78-49 created an advisory committee for
the Isles of Capri Fire Services Tax District and provides that the advisory committee
shall consist of three to five members; and
WHEREAS, the terms of two (2) members will expire creating vacancies on this
Committee; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties; and
WHEREAS, the Isles of Capri Fire Control District Advisory Committee has provided
the Board of County Commissioners with its recommendations for appointment.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that:
1. Thomas E. Decker meets the prerequisites for appointment and is hereby
reappointed to the Isles of Capri Fire Control District Advisory Committee for a 2 year
term, said term to expire on December 31, 2010.
2. Joseph Langkawel meets the prerequisites for appointment and is hereby
reappointed to the Isles of Capri Fire Control District Advisory Committee for a 2 year
term, said term to expire on December 31, 2010.
This Resolution adopted after motion, second and majority vote on this 2nd day of
December, 2008.
ATTEST:!,! "
DWI~fft E. BRG.CI<, Clerk
~~o-~~c
\.. Att.llstai tG c~lerk
.. It9"atl1f'll. gl:1,!
<,I' .
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FL RIDA
By:
Approved as to form and
leg I su Ici ncy:
lIem#
q6
Jeffr A Klatzkow
Coun A orney
AGENDA ITEM TITLE:_12 /... S' ,,f-
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AGENDA ITEM NUMBER:
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PLEASE PRINT CLEARLY
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD.
NAME:
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COLLIER COUNTY ORDINANCE No. 07-24 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, 4TH FLOOR, W, HARMON TURNER BUILDING, 3301 EAST T AMIAMI TRAIL, NAPLES, FL
You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR.
AGENDA ITEM TITLE:
AGENDA ITEM NUMBER:
/rb-
PLEASE PRINT CLEARLY
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD.
NAME:~71 !/vilur:- ADDRESS: '32/ /3/trjj 5iV
REPRESENTING: PETITIONER:
OTHER:
COLLIER COUNTY ORDINANCE No. 07-24 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, 4TH FLOOR, W. HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL
You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR.
AGENDA ITEM TITLE:
/2-15 A
ITEM NO:
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SUBJEC'I BEIM. HEARD.
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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,
J
REPRESENTING: PETITIONER
OTHER:
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YOU ARE LIMITED TO 3 MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONL Y THE CHAIR.
AGENDA ITEM TITLE:
ITEM NO:
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'IHIS COMPLE'IED FORM IS '10 BE PLACED I. 'IHE "SPEAKER FORM BOX" I. 'IHE BOARD ROOM PRIOR '10 'IHE
SUBJEC'I BEl.. HEARD.
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REPRESENTING: PETITIONER / ier [8/JA-I
PLEASE PRINT CLEARLY
NAME:
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l1I.Jcfv .(,~OTHER:
COLLIER COUNTY ORDINANCE NO. 99.22 REQUIRES 1i AT 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.
YOU ARE LIMITED TO 3 MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONL Y THE CHAIR.
AGENDA ITEM TITLE: Y~SA- r I'D ~
ITEM NO: q G
'IHIS COMPLE'IED FORM IS '10 BE PLACED I. 'IHE "SPEAKER FORM BOX" I. 'IHE BOARD ROOM PRIOR '10 'IHE
SUBJEC'I BEl.. HEARD.
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OTHER:
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.
YOU ARE LIMITED TO 3 MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONL Y THE CHAIR.
AGENDA ITEM TITLE 'R [5' H (~o c ("'5 .5 ITEM NO: cr C
'IHIS COMPLE'IED FORM IS '10 BE PLACED I. 'IHE "SPEAKER FORM BOX" I. 'IHE BOARD ROOM PRIOR '10 'IHE
SUBJEC'I BEl.. HEARD.
NAME:
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CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
YOU ARE LIMITED TO 3 MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONL Y THE CHAIR.
OTHER:
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AGENDA ITEM TITLE q. 817;u CJ (:) f' ("rOC/NT If &J1/.f"J1J:;~ I ~A F)e c:
ITEM NO:
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'IHIS COMPLE'IED FORM IS '10 BE PLACED I. 'IHE "SPEAKER FORM BOX" I. 'IHE BOARD ROOM PRIOR '10 'IHE
SUBJEct' BEl.. HEARD.
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NAME: AI EA.Jc::J J' ...s:::aA CA/4
ADDRESS -5250 2.. 7 A YB. 5;, [0 ,
REPRESENTING: PETITIONER tf!.LSA
OTHER:
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.
YOU ARE LIMITED TO 3 MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONL Y THE CHAIR.
AGENDA ITEM TITLE R L~ ~rc.L.e=2S ITEM NO: ~I c..-
'IHIS COMPLE'IED FORM IS '10 BE PLACED I. 'IHE "SPEAKER FORM BOX" I. 'IHE BOARD ROOM PRIOR '10 'IHE
SUBJEC'I BEl.. HEARD.
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REPRESENTING: PETITIONER OTHER: C c..--"V ': ,V' ~/O, 1\ C 7,' C3f (j,.I. -, .
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COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN A 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.
YOU ARE LIMITED TO 3 MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONL Y THE CHAIR.
r
AGENDA ITEM TITLE:
'IHIS COMPLE'IED FORM IS '10 BE PLACED I. 'IHE "SPEAKER FORM BOX" I. 'IHE BOARD ROOM PRIOR '10 'IHE
SUBJEC'I BEl.. HEARD.
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ITEM NO:
NAME:
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ADDRESS: ) V7-/-".I
REPRESENTING: PETITIONER b- OTHER: '{ C'd c, U ~
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.
YOU ARE LIMITED TO 3 MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONL Y THE CHAIR.
It
AGENDA ITEM TITLE:
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ITEM NO:
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REPRESENTING: PETITIONER ~
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OTHER:
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.
YOU ARE LIMITED TO 3 MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONL Y THE CHAIR.
,
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November 24, 2008
The Honorable Tom Henning, Chairman
and Members of the Collier County Board of County Commissioners
3301 East Tamiami Trail
Naples, Florida 34112
Dear Chairman Henning and Commissioners:
The Collier County Rural Lands Stewardship Area ( the "RLSA Overlay") was created in
2002 through a collaborative community based planning process intended to protect natural
resources, retain viable agriculture and promote compact rural mixed use development through
an incentive based land use system on approximately 195,000 acres in eastern Collier County.
The RLSA Overlay was designed to be a long term strategic plan with a planning horizon
year of 2025. Many of the tools, techniques and strategies proposed in 2002 for the RLSA
Overlay were nonetheless new, innovative, incentive based and untested. A comprehensive five
year review of the RLSA Overlay by Collier County was therefore proposed to assess
participation in and effectiveness of the RLSA Overlay in meeting its Goals, Objectives and
Policies.
The Board of County Commissioners created a citizen oversight committee (the "RLSA
Committee") in 2007. The RLSA Committee is comprised of a diverse group of local citizens
dedicated to creating a balance between agriculture, development and environmental sensitivity
based on the principles of rural stewardship articulated in Florida's Rural Lands Stewardship
Act. Its members include environmental advocates, farmers, professional planners, rural land
owners, community activists and advisory board volunteers. I am privileged to serve as its
Chairman.
The RLSA Committee has met over twenty times during the last year in publicly
advertised work sessions that typically lasted no less than three hours each. Public participation
was encouraged; diverse opinions were solicited; challenging questions were welcomed; expert
testimony was offered; absolute transparency was preserved; the sunshine law was observed; and
nearly every question posed, comment offered and recommendation made was considered.
Representatives from a broad range of interest groups, including Audubon of Florida,
Collier County Audubon Society, Defenders of Wildlife, Florida Wildlife Federation, The
Conservancy of Southwest Florida, the Collier County Transportation Department, the Collier
County Community Development and Environmental Services Department, the Collier County
Comprehensive Planning Department, the Eastern Collier Property Owners and others vigorously
participated. Memoranda submitted by representatives of the Collier County Planning
Commission, the Collier County Environmental Advisory Council, the Sierra Club, The
Conservancy of Southwest Florida and the Department of Community Affairs were vetted. The
RLSA Committee was ably supported throughout our process by dedicated county staff who
documented the committee's work in detailed and voluminous public records.
9C
The Honorable Tom Henning, Chairman
and Members
November 24, 2008
Page 2
The RLSA Committee devoted the first three months of its existence to a quantitative
assessment of the effectiveness of the RLSA Overlay in meeting its Goals, Objectives and
Policies. The resulting Phase I Technical Review was thereafter furnished to the Environmental
Advisory Council, the Planning Commission, the Board of County Commissioners and,
ultimately, the Department of Community Affairs. The Phase I Technical Report concluded that
significant progress had been made in achieving the RLSA Overlay Goal.
It also provided the foundation for the RLSA Committee's Phase II qualitative evaluation
of ways in which the RLSA Overlay Growth Management Plan Policies could be improved to
more effectively implement the program's overriding Goals and Objectives and achieve the
RLSA Committee's Project Management Plan mandate to consider "potential opportunities and
amendments to the Growth Management Plan". As part of Phase II, the RLSA Committee
received expert testimony from the following pre-eminent industry leaders in their respective
fields:
. Dr. Fritz Roka, Agriculture Economist, University of Florida Institute for Food
and Agricultural Sciences, and Gene McAvoy, Regional Extension Agent,
University of Florida Institute for Food and Agricultural Sciences, shared their
findings on the status of agriculture in Southwest Florida and focused the RLSA
Committee on the need to bolster incentives to retain land for agricultural use.
. Dr. Timm Kroeger of the Defenders of Wildlife testified as to the economic value
of protecting the natural environment and retaining agricultural lands.
. Clarence Tears, Director, Big Cypress Basin, South Florida Water Management
District, testified as to the vital role the RLSA Overlay plays in protecting
important watersheds.
. Eric Draper, Florida Audubon Society, testified as to the use of the RLSA as an
invaluable tool to protect environmental resources at no cost to the public at a
time when the precious few public dollars earmarked for this purpose are harder
and harder to find.
. Darrel Land, State of Florida Panther Team Leader, Florida Fish and Wildlife
Conservation Commission, who is generally regarded as the state's foremost
expert on the panther and as a highly respected scientist, testified as to how the
RLSA Overlay provides incentives to protect and restore panthcr habitat.
Nancy Payton, Florida Wildlife Federation, tcstified to acquaint the RLSA
Committcc as to how strategies contained in the Florida Panther Protection
Program recently adopted by a consortium of environmental groups and rural
landowners arc intended to promote thc protcction and recovery of the panther
9C
The Honorable Tom Hcnning, Chairman
and Members
Novembcr 24, 2008
Page 3
throughout thc RLSA Overlay and surrounding lands and how those strategies
could be integrated into the RLSA Overlay.
. Dr. Paul Van Buskirk, Van Buskirk & Associates, testified as to his findings in
the "Collier County East of 951" study and how those findings fit within
population growth models projected for the RLSA Overlay.
. Nick Casalanguida, Director, Collier County Transportation Planning Department,
testified as to the need to develop a plan for a county transportation network that
meets the adopted Level of Service through build out of the county and considers
the location of public services needed to accommodate the build out population.
As a result of the exhaustive public input and expert testimony, the RLSA Committee
unanimously approved the following proposed amendment to the Goal for the RLSA Overlay:
"Collier County's goal is to retain land for agricultural activities, to direct
incompatible uses away from wetlands and upland habitat, to protect and restore
habitat connectivity, to enable the conversion of rural land to other uses in
appropriate locations, to discourage urban sprawl, and to encourage development
that employs creative land use techniques through the use of established
incentives. "
As we considered this reconstituted Goal in the context of existing Growth Management
Plan ("GMP") Policies, the RLSA Committee developed strategies to create incentives to
encourage rural landowners to voluntarily:
. eliminate their right to convert agricultural land to non agricultural uses In
exchange for compensation;
. retain agriculture within Open Lands as an alternative to conversion of such lands
using Baseline Standards (and thereby reduce the size of the "development
footprint" and the threat of urban sprawl in the RLSA Overlay);
create, restore and enhance panther corridor connections;
. restore flow ways and habitat through a credit generating system that considers
cost, difficulty and benefit value of each restoration type through a newly adopted
tiered system;
impose a cap of 45,000 SRA acres in the RLSA Overlay and recalibrate the credit
system to ensure the balance essential to the sustainability of a voluntary incentive
based program which generates significant public benefits without incurring
public expenditures; and
9C
The Honorable Tom Henning, Chairman
and Members
November 24, 2008
Page 4
cooperate with Collier County in its creation of a plan for a county transportation
network that meets the adopted Level of Service through build out of the county
and considers the location of public services needed to accommodate the build out
population.
The RLSA Committee also engaged the public and various interest groups in a rigorous
assessment of each and every RLSA Overlay policy to ensure internal consistency, thoughtful
precision and careful scrutiny of the data, analysis and justification for each of the proposed
Policy amendments. We feel that the work product of the RLSA Committee for its Phase II
Report therefore actually consists of proposed GMP Policy amendments. Further, after extensive
discussion, we concluded that the public proceedings and thousands of man hours of work
expended by scores of interested parties should be recognized.
At its most recent meeting, the RLSA Committee voted to authorize me to respectfully
request that the Board of County Commissioners take the steps its deems appropriate to initiate a
special cycle for Growth Management Plan RLSA Overlay amendments to review, refine and
consider the RLSA Committee's policy proposals, data and analysis, and record of public
testimony in public hearings before the Environmental Advisory Council, the Planning
Commission, and the Board of County Commissioners.
We recognize that each advisory board has a distinctive role and a special responsibility
to make to the public planning process and we look forward to public consideration of our Policy
proposals by the other advisory boards.
We appreciate the opportunity to serve the Board of County Commissioners and stand
ready to proceed in whatever way you believe best serves the people of Collier County.
Sincerely,
l?0tJ
~,.8.
Ron Hamel
Chairman, Rural Lands Stewardship Review Committee
cc: County Manager James V. Mudd
9C
Suggested Schedule for
RLSA Committee's Phase II Report
· BCC designates Special ~ GMP Cycle for RLSA Phase II
Report
o Staffbegins reviewing; compiling data & analysis; and
developing Phase II Report as the Transmittal Package
· RLSA Committee holds a workshop with EAC to explain
review process and resulting amendments; and to receive
EAC feedback
· RLSA Committee holds a workshop with CCPC to explain
review process and resulting amendments; and to receive
CCPC feedback
· RLSA Committee acts on CCPC and EAC comments and
amends Phase II Report accordingly
· Phase II Report is fmalized by RLSA Committee and staff
· Phase II Report is formatted by staff into Transmittal
Package
· EAC reviews Transmittal Package
o Comments noted as an addendum
· CCPC reviews Transmittal Package
o Comments noted as an addendum
· BCC reviews and transmits to DCA for ORC Report
tac' , ,!~ll
~ .-\1
PHASE U REPORT PIlEPARATION SCHEDULE AND REPORT FORMAT
REVIEW COMMITTEE OIRECnON
ll.lllIUSt 5, 2008
SCHEDULE
A. REMAINING REVIEW COMMITI'H MEmNGS
· September 2...RlSA Overlay Review [COES)
. September 16...RLSA Overlay Review [COES]
· September 23...RlSA Overlay Review [COES)
· September 30...... RLSA Overlay Review {CDES]
· October 7... RlSA Overlay Review Wrap Up and Phase 2 Report Recommendations for RLSA
Overlay [CDES]
B. PUBUCVETTING MEmNM
· November 12_.Envlronmental AdvIsory Council
· December 1__P1annlne Commission
. January 29, 2009_Board of County CommlssioMrs
· February %7, 2009_..Department of Community AffaIrs
DNaSE 2 REPORT FORMAT AND CONTENTS
The following is format approved by the Review Committee on August 5. 2008:
. COVER
· l1tANSMlTTAl LmR with 2 maps: 1] MColller County Rural & Agricultural Area Assessment
Stewardship Overlay Map; 2] MRLSA Status MapM which shows all approved Stewardship
Sending Areas and the one approved Stewardship Receiving Area. The Town of Ave Maria.
· TABLE OF CONTENTS
· EXECUnVE SUMMARY
. COMMITTEE- RECOMMENDED AMENDMENTS TO THE RURAL LANDS STEWARDS/p AREA
OVERLAY
a. Short Version Annotated
b. Lone Version Annotated
· DATAANDANAlYSlS
. APPENDICES
- .-----.-------------.
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 08
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO .
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document Original documents should b~ hand delivered 10 the Board Office The complch:d TOuting slip and original
documents are to be torwarded tn the Board OHlee only after the Buard has taken action on the item)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed Ifthe document is already complete with the
k
exception of the Chairman's sio-nature, draw a line through muting lines #] through #4, comoktc lhe chcc list. and fOr\\"ard to Sue Filson (line #5)
Route to Addressee(s) Office Initials Date
(List in routin" order)
I. -,,-,-,---- --~_.,-- -
2.
1
J.
,/
4. .'
.. .. '.'
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval Normally' thc primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson. need to contact statf for additional or missing
inl()rmation. All original documents needing the BCC Chairman"s signature are 10 he delivered to the BCC office only allcr the BCC has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Robert Bosch, ROW Coordinator, TECM
Phone Number
252-5843
[0 [3
Yes
(Initial)
N/A(Not
A lieable)
t, L - 1 - -;~ \':"0,<
Agenda Item Number
,>[
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. ,.
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Number of Original
Documents Attached
I: Forms! County Forms! Bee Forms! Original Documt;nts Routing Slip W\/",'S Original 9,03.04. Revised 1.26.05, Revised 2.24.05
oe
~ "--:1....
')" "";,
',j,- L~S-,~;'
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column. whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances.
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements. etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibly State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne Jotiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BeC olliee within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the Bee on.c <..- ,<' (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne "s Office has reviewed the chan es, if a licable.
2.
3.
4.
5.
6.
MEMORANDUM
Date:
December 5, 2008
To:
Robert Bosch
Right-or-Way Coordinator
Transportation Department
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2008-353
Per your request you will find enclosed two (2) Certified Copies per your
request of the document referenced above (Agenda Item #10B), adopted by
the Board of County Commissioners on December 2, 2008.
If you should have any questions, please call me at 252-8411.
Thank you.
Enclosures
lOB
Condemnation Resolution No. 2008-_ : Collier Boulevard Project No. 68056
Page 1 of 1
Q
i..d
-4
Teresa L. Polaski
From:
Sent:
To:
Ann P. Jennejohn
Wednesday. December 03.20083:59 PM
Teresa L. Polaski
Subject: FW: Condemnation Resolution No. 2008-_ : Collier Boulevard Project No. 68056
Attachments: Memo to BMRpdf
From: BoschRobert [mailto:RobertBosch@colliergov.net]
Sent: Wednesday, December 03, 2008 3:57 PM
To: Ann P. Jennejohn
Subject: Condemnation Resolution No. 2008-_ : Collier Boulevard Project No. 68056
<<Memo to BMRpdf>>
Anne,
Today I delivered the above resolution to Sue Filson for execution by the Chairman of the BCe. The
resolution was adopted yesterday - Item 10.B. I omitted to include the attached memo requesting
two certified copies of the resolution.
When you get the resolution, kindly arrange for two certified copies to be forwarded to me.
Thank you,
Robert M. Bosell
Right-of-Way Coordinator
Transportation Eng. & Const. Mgmt.
2885 South Horseshoe Drive
Naples, FL 34104
Tel.: (239) 252-5843
Fax: (239) 213-5885
12/3/2008
qf
TRANSPORTATION DIVISION
ENGINEERING & CONSTRUCTION MANAGEMENT DEPARTMENT
INTEROFFICE MEMORANDUM
TO:
Board Minutes and Records
DATE:
December 3, 2008
FROM: Robert Bosch, ROW Coordinator - TECM (Tel 252-5843)
/
'-
SUB JECI: Resolution 2008- _ : Collier Boulevard Project No 68056
Please 'mange fOI the Chairman of the BCC to execute the attached Condemnation Resolution
(Resolution # 2008. ---.J and return two certified copies for my attention to the Transportation
ROW Department at 2885 S Horseshoe Dr, Naples, FL 34104 Please do not record this
document in the Public RecOIds of Collier County
Project No:
Fund I Cost Center:
Object Code:
68056
331-163650
651210
Thank you
lOB
RESOLUTION NO. 2008353
A RESOLUTION AUTHORIZING CONDEMNATION OF LAND AND
EASEMENTS NECESSARY FOR THE CONSTRUCTION OF ROADWAY,
DRAINAGE AND UTlLITY lMPROVEMENTS REQUIRED FOR THE
EXP ANSION OF COLLIER BOULEVARD FROM GREEN BOULEVARD TO
GOLDEN GATE BOULEVARD, INCLUDING PORTIONS EAST ON WHITE
BOULEVARD AND WEST ON PINE RIDGE ROAD (PROJECT NO. 68056).
WHEREAS, the acquisition of right-of-way for the expansion of Collier Boulevard from
Green Boulevard to Golden Gate Boulevard (Project No. 68056) (hereinafter referred to as "the
Project"), is included in Collier County's Five Year Transportation Work Program; and
WHEREAS, plans and specifications have been prepared for construction of the project;
and
WHEREAS, the location for the construction of the proposed improvements has been
fixed by survey and is collectively represented by the legal descriptions comprising Exhibit "A"
attached hereto and incorporated herein; and
WHEREAS, after consideration of the availability of alternate routes and locations, the
comparative costs of the project alternatives, various irnpacts upon the environment, long range
planning options, and public safety considerations, the Board desires to exercise its right to
condemn property for public purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the
Board that the expansion of Collier Boulevard from the Green Boulevard to Golden Gate
Boulevard, including portions east on White Boulevard and west on Pine Ridge Road
106
(hereinafter referred to as "the Project"), is necessary and in the public's best interest in order to
protect the health, safety and welfare of the citizens of Collier County.
AND IT IS FURTHER RESOLVED that the acquisition ofland and easements for
construction ofthe Project is an integral part of the County's long range planning effort, and is
included in the Capital Improvement Element of the Collier County Growth Managernent Plan,
as approved by the Florida Department of Community Affairs.
AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative
locations for the Project, and the costs associated with the design, property rights acquisition, and
construction of the Project, as well as public safety and welfare considerations associated with
the design and construction of the Project, and various impacts to the environment, and the
Board finds that after consideration of these issues. the most feasible locations for construction
of the proposed improvements is collectively represented by the legal descriptions comprising
Exhibit "A" attached hereto and incorporated herein.
AND IT IS FURTHER RESOLVED that in order to construct the Project as designed, it
is necessary for the Board to acquire the land and easernents described in Exhibit "A".
AND IT IS FURTHER RESOLVED that all property shall be put to public purposes.
AND IT IS FURTHER RESOLVED that the County staff and Office of the County
Attorney are hereby authorized and directed to immediately acquire by gift, purchase or
condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes, the
land and easements more particularly described in Exhibit "A," attached hereto and incorporated
herein.
-Page 2-
r>.
,uB
AND IT IS FURTHER RESOLVED that no mobile homes are located on the property
sought to be acquired and therefore it will not be necessary to remove any mobile homes from
the property to be acquired.
This Resolution, adopted on this lNlJ day of 1J f.. C fC Nil ~
, 2008, after motion,
second and majority vote.
,>
i' ",". ;~I.'
ATTESP <:
DWI K'-I3,ROCK, CLERK.
t . " ::,. (0-~~4l<
BOARD OF COUNTY COMMISSIONERS
OF COLLI COU Y, FLORIDA
IRMAN
By:
~tt.~\." to CbalnNll ,
t1gnaturt OR."
Approved as to form and
'~/~
Assistant County Attorney
Ilem#
106
-Page 3-
Agenda i ~1__\iO~
Date ~O
Date 1~lrll~
Rec'd ~
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Deputy Clerk
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--------
USE
FEe SIMPlE
MEREST
LEGAL DESCRIPTION FOR PARCEL 101 FEE
A PORTION OF TRACTS 121 AND 122. GOLDEN GATE ESTATES, UNIT 26 AS RECORDED IN PLAT BOOK 7, PAGE 15 OF
THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST.
COWER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE EAST 30 FEET OF SAID TRACTS 121 AND 122, LESS THE SOUTH 30 FEET OF SAID TRACT 122.
CONTAINING 1 B.911 SQUARE FEET, MORE OR LESS.
o 40 80
SKETCH & DESCRIPTION ONLY I
NOT A BOUNDARY SURVEY SCALE, 1"-80'
FOR, COLUER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS
160 ,;WjJy
IIlICHAEL A. WARD, PROFESSIONAL lAND SURVEYOR
FlORIOA REClSTRAT10~Eg{f.Jt NO. 5301
SIGNING DATE: 7) 't (JfJ
NOT VAUO WIl'}lOUT THE ORICIIIlAL 51 JURt& RAISED El.lBOSSED Sf;Al OF
A f1.ORIDA REGISTERED PROF'ESSJOtw. SURVEYOR AND MAPPER.
COLUER BOULEVARD
SKETCH & DESCRIPTION OF:
PARCEL 10IFEE
COLUER COUNTY. FLORIDA
JOB NUMBER
050106.02.00 0006
SCALE
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.&. ...., ,.I.. .... Sun-c,iDg"_
6610 WIUow Park Drive, SUite 200
Naples, florida 34109
Phone: (239) 597.(l575 FAX: (23S) 597-0578
LB No.: 6952
FILE NAME SHEET
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COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE WEST 10 FEET OF THE EAST 40 FEET OF SAID TRACTS 121 AND 122, LESS THE SOUTH 30 FEET OF SAID
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IN~FESSIONAL tAND SURVEYOR
FLORIDA RECISlRAnO%ERn~I~~ NO. 5301
SIGNING DATE: 1 2 ~
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Nap/as, F1crJda34109
Phone: (239) 597-oal5 FAX: (~g) 597-0578
LBNo.:6952
FILE NAME SHEET
UN26 SK101 SSLE OF 1
CONTAINING 6,3D4 SQUARE FEET, MORE OR LESS.
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MICHAEL A. WARD, PROFESSIONAL LAND' SURV~YOR
FLORIDA REGISTRATION CERTIFiCATE NO. 5301
SIGNING DATE:
NOT VAUD WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
CONTAINING 11,550 SQUARE FEET. MORE OR LESS.
SCALE: 1"=80'
BOARD OF COUNTY COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 10ZFEE
COLLIER COUNTY, FLORIDA
JOB NUMBER
J50106.02.00 0006
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D'lT^INC.~
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.... '-, u.. ..... Sonveying&"'_
6610 Willow Park Drive, Suite 200
Naples, Florida 34109
Phone: (239) 597-0575 FAX: (239) 597-0578
lB No.: 6952
FILE NAME
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MICHAEL A. . WARD,PRO'FESSIONAl LAND SURVEYOR
FLORIDA REGISTR,,\TION CERTlFlC"lTE NO. 5J01
SIGNING DATE:
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
D\lTA INC.~on
CONSULTING Civil~
... ...., u. ..... Surveying & Mopping
6610 Willow Park Drive, Suite 200
Naples, Florida 34109
Phone: (239) 597-0575 fAX: (239) 597-0578
LB No.: 6952
FILE NAME SHEET
UN26 SK102TCE OF 1
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CONTAINING 1,651 SQUARE FEET. MORE OR LESS.
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NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT
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BOARD OF COUNTY COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF:
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PARCEL 102TCE
COLLIER COUNTY, FLORIDA
JOB NUMBER REVISION SECTION
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UNIT 26
PLAT BOOK 7 PAGE 15
AMERICAN DREAM BUILDER
OR 2354/3357
PROPOSED TEMPORARY
CONSTRUCTION EASEMENT~,
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FE! SIMPLE
INTEREST
LEGAL DESCRIPTION FOR PARCEL 103FEE
A PORTION OF TRACT 119. GOLOEN GATE ESTATES, UNIT 26 AS RECORDED IN PLAT BOOK 7, PAGE 1,5, DF THE
PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 15. TOWNSHIP 49 SOUTH. RANGE,'26 EAST,
COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. '. \ :'-"'."
THE EAST 35 FEET OF SAID TRACT 119. , ... :}~ " "
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CONTAINING11.550 SQUARE FEET, MORE OR LESS.
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR, COLLIER COUNTY GOVERNMENT
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160
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SCALE: 1"=80'
BOARO OF COUNTY COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL I03FEE
COLLIER COUNTY, FLORIDA
JOB NUMBER
150106.02.00 0006
SCALE
1" = 80'
OATE
8-23-07
D\XTA "'C'=.on
CONSULTING Civill'ngineering
.&. ...., ,.A.. ..... Smvoying & Mopp;ng
6610 Willow Park Drive, Suite 200
Naples, Florida 34109
Phone: (239) 597-0575 FAX: (239) 597-0578
LB No.: 6952
FILE NAME
UN26 SK103FEE
SHEET
OF 1
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OR 2354/3357
40'-
o
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TRACT 119
GOLDEN GATE ESTATES
UNIT 26
PLAT BOOK 7 PAGE 15
PROPOSED TEMPORARY
CONSTRUCTION EASEMENT---........
PARCEL 103TCE
1,500 SQ. FT.
55D'(P)
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OR = OFFICIAL RECORDS (BOOK/PAGE)
~ "" "1 PROPOSED 5' TEMPORARY CONSTRUCTION
lXxX)1
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EASEMENT
PROPOSED RIGHT OF WAY
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE
OF THE PUBLIC PER PLAT BOOK 7, PAGE 15
LEGAL DESCRIPTION FOR PARCEL 103TCE
A PORTION OF TRACT 119. GOLDEN GATE ESTATES, UNIT 26 AS RECORDED IN PLAT BOOK 7,
RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 15. TOWNSHIP 49 SOUTH. RANGE.
FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE WEST 5 FEET OF THE EAST 40 FEET OF SAID TRACT 119.
LESS AND EXCEPT;
THE NORTH 30 FEET OF SAIO TRACT 119 (THAT PART BEING AN EXISTING ROADWAY
AFOREMENTIONED PLAT),
pAGE 15 OF THE PUBLIC
26 .EI\:;.T.. COLLIER COUNTY,
. .
CONTAINING 1.500 SQUARE FEET,
MORE OR
o
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40
I
60
I
160
I
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MICH L A. WAR -'PROF SSIONALLAND SURVEYOR
FLORIDA REGISTRATION CERTIFIC~TE' NO. 5301
SIGNING DATE:.' ,',
NOT VALID WITHOUT THE ORIGINAL SIGNATURE '&; RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER,
f)
1,1)"
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT
SCALE: 1"=80'
BOARD OF COUNTY COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF:
PROPOSED TEMPORARY CONSTRUCTION EASEMENT
PARCEL 103TCE
COLLIER COUNTY, FLORIDA
JOB NUMBER SECTION
)50106.02.00 0006 15
SCALE
1" ~ 80'
DATE
8-23-07
D'XT^INC.~ .
CONSULTING Civil~
.&. ...., U. .... S"""ying & """""'"
6610 Willow Park Drlv8, Suite 200
Naples, Florida 34109
Phone: (239) 597-0575 FAX: (239) 597-0578
LBNo.:6952
FILE NAME
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PLAT BOOK 7 PAGE 15
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FLORIDA HOMES OF
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35'
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r//"j
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OF THE PUBLIC PER PLAT BOOK 7. PAGE 15
LEGAL DESCRIPTION FOR PARCEL 1 04FEE1
FEe SIMPLE
INTEREST
A PORTION OF TRACT 115. GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOK 7. PAGE 15 OF THE
PUBLIC RECORDS OF COLLIER COUNlY, FLORIDA. LYING IN SECTION 15. TOWNSHIP 49 SOUTH. RANGE 26 EAST,
COLLIER COUNlY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE EAST 35 FEET OF THE SOUTH 165 FEET OF SAID TRACT 115.
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT
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BOARD OF COUNTY COMMISSIONERS
CO LLlER B 0 ULEV ARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 104FEEl
COLLIER COUNTY, FLORIDA
JOB NUMBER
150106.02.00 0006
SCALE
1" = 50'
DATE
10-24-07
D'XT^INC.~~
CONSULTING Civil~
..&. ...., , .... .&. Smv""mg & MBpp;ng
6610 Willow Park Drlva, Suite 200
Naples, Florida 34109
Phone: (239) 597-0575 FAX: (239) 597-0578
LB No.: 6952
FILE NAME
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TRACT 118
GOLDEN GATE ESTATES
UNIT 26
PLAT BOOK 7 PAGE 15
FLORIDA HOMES OF
COLLIER COUNlY INC.
OR 2490/3017
PROPOSED TEMPORARY
CONSTRUCTION EASEMENT
PARCEL 104TCEl
675 SQ. FT.
25+00
"0
--'2-.
28+ 00
13TH AVE.
1-
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lXxX)j
r//~
TEMPORARY
CONSTRUCTION EASEMENT
DURATION ? YEARS.
EASEMENT
PROPOSED RIGHT OF WAY
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL
OF THE PUBLIC PER PLAT BOOK 7. PAGE 15
USE
LEGAL DESCRIPTION FOR PARCEL 104TCEl
A PORTION OF TRACT 118, GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOK 7, PAGE 15 OF THE PUBLIC
RECORDS OF COLLIER COUNT(. FLORIDA. LYING IN SECTION 15. TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNlY,
FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE WE.ST 5 FEET OF THE EAST 40 FEET OF THE SOUTH 165 FEET OF SAID TRACT 118.
LESS AN D EXCEPT;
THE SOUTH 3D FEET OF SAID TRACT 118 (THAT PART BEING AN EXISTING
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ByiJZ';i.PROiis',i;NAl LAND >CRVErOR
FLORIDA REGISTRATION CERTIFICATE' NO. 5301
SIGNING DATE:
NOT VALID WITHOUT THE ORIGINAL SIGNATURE &: RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL.: SURVEYOR AND MAPPER.
CONTAINING 675 SQUARE FEET. MORE OR LESS.
40
I
60
I
160
I
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT
SCALE: 1"==80'
BOARD OF COUNTY COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF:
PROPOSED TEMPORARY CONSTRUCTION EASEMENT
PARCEL 104TCEl
COLLIER COUNTY, FLORIDA
JOB NUMBER REVISION SECTION
)50106.02.00 0006 REV 3 15
D'lTA IN"~OD
CONSULTING Civll~
.&. '" J.I.. ... S""",l'io8 &-..
6610 Willow Park Drive, Suite 200
Naples, Florida 34109
Phone: (239) 597-0575 FAX: (239) 597-0578
lB No.: 6952
SCALE
1" ~ 80'
DATE
10-24-07
FILE NAME
UN26 SK104TCE1
SHEET
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PROPOSED RIGHT OF WAY
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PLAT BOOK 7 PAGE 15
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kXx><)j PROPOSED RIGHT OF WAY
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USE
FEE SIMPLE
INTEREST
LEGAL DESCRIPTION FOR PARCEL 104FEE2
A PORTION OF TRACT 118. GOLDEN GATE ESTATES, UNIT 26 AS RECORDED IN PLAT BOOK 7, PAGElS, OF THE
PUBLIC RECORDS OF COLLIER COUN1Y. FLORIDA. LYING IN SECTION 15, TOWNSHIP 49 SOUTH. RANGE,2.Ei EAST.
COLLIER COUN1Y. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE EAST 35 FEET OF THE NORTH 165 FEET OF SAID TRACT 118.
..,..>,
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUN1Y GOVERNMENT
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MICHAEL A. WARD. PROFtSSIONAL LA'ND' SURVEYOR
FLORIDA REGISTRATION CERTIFICATE NO., 5301
SIGNING OAT~:
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
CONTAINING 5,775 SQUARE FEET, MORE OR LESS.
SCALE: 1"""80'
BOARD OF COUN1Y COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL l04FEE2
COLLIER COUNTY, FLORIDA
JOB NUMBER
)50106.02.00 0006
RANGE
26
SCALE
1" = 80'
DlX'A lNC'='on .
CONSULTING Civil~
... ...., U.. ..... SouvoyUJg & MOpp;ng
6610 Willow Park Drive. Suite 200
Naples. Florida 34109
Phone: (239) 597-0575 FAX: (239) 597-0578
LB No.: 6952
FILE NAME
UN26 SK 104FEE2
SHEET
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TRACT 118
GOLDEN GATE ESTATES
UNIT 26
PLAT BOOK 7 PAGE 15
PROPOSED TEMPORARY
CONSTRUCTION EASEMENT
PARCEL 104TCE2
825 SQ. FT.
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lXxX)j
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EASEMENT
TEMPORARY
CONSTRUCTtoN EASEMENT
DURATION :? YEARS.
PROPOSED RIGHT OF WAY
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL
OF THE PUBLIC PER PLAT BOOK 7. PAGE 15
USE
LEGAL DESCRIPTION FOR PARCEL 104TCE2
A PORTION OF TRACT 118. GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOK' 7.. PAGE' '15 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LYING IN SECTION 15. TOWNSHIP 49 SO\!TH"FiANGE 26. EAST.
COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. :';").: ",
THE WEST 5 FEET OF THE EAST 40 FEET OF THE NORTH 165 FEET OF SAID TRACT 11 "
CONTAINING 825 SQUARE FEET, MORE OR LESS.
SCALE: 1"=80'
BOARD OF COUNTY COMMISSIONERS
HAEL A. WARD, PROFESSIONAL LAND SURVEYOR
FLORIDA REGISTRATION CERTIFICATE NO. 5:301
SIGNING DATE;
NOT VAllO WITHOUT THE ORIGINAL SIGNATURE' & RAISEQ EMBOSSEQ SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
'~1Y/r
, , ,,' . I
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT
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BY;
COLUER BOULEVARD
SKETCH & DESCRIPTION OF:
PROPOSED TEMPORARY CONSTRUCTION EASEMENT
PARCEL 104TCE2
COLLIER COUNTY, FLORIDA
JOB NUMBER REVISION SECTION
)50106.02.00 0006 REV 3 15
SCALE
1" = 80'
DATE
10-24-07
DlX'A INC~on
CONSULTING Civil~
4 '-, ,... .a. SU<VeyIDg '" Mopping
6610 Willow Park Drive, Sulle 200
Naples, Florida 34109
Phone: (239) 597-0575 FAX; (239) 597-0578
LBNo.:6952
FILE NAME
UN26 SK104TCE2
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GOLDEN GATE ESTATES
UNIT 26
PLAT BOOK 7 PAGE 15
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POCCHI CONSTRUCTION INC
OR 2620/1622
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SOUTH 165' OF TRACT 117
POCCHI
OR 3242/0271
35'
PROPOSED RIGHT OF WAY
PARCEL 105FEE
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USE
FEE SIMPlE
INTEREST
LEGAL DESCRIPTION FOR PARCEL 105FEE
A PORTION OF TRACT 117. GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOK 7. PAGE 15, OF THE
PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 15. TOWNSHIP 49 SOUTH, RANGE 26 EAST.
COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE EAST 35 FEET OF THE SOUTH 165 FEET OF SAID TRACT 117.
CONTAINING 5.775 SQUARE FEET. MORE OR LESS.
.,.,.
( )
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT BOARD
o
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BY: ',' '" ",
MICHAEL A WARD, PROFESSIONAL LANd 'SURVEYOR
FLORIDA REGISTRATION CERTIFICATE NO. 5;501,
SIGNING DATE:
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EM80SSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
( ')
SCALE: 1 "==80'
OF COUNTY COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 105FEE
COLLIER COUNTY, FLORIDA
JOB NUMBER
)50106.02.00 0006
SCALE
1" = 80'
D'\1 ^ INC'~.uf.uon
CONSULTING Civil~
.... '-, U.. .a.. S""'oyIDg&Mappmg
6610 Willow Park Drive, Sulle 200
Naples, Florida34109
Phone: (239) 597-0575 FAX: (239) 597-0578
lB No.: 6952
FILE NAME
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GOLDEN GATE ESTATES
UNIT 26
PLAT BOOK 7 PAGE 15
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TEMPORARY
CONSTRUCTION EASEMENT
DURATION :5 YEARS.
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE
OF THE PUBLIC PER PLAT BOOK 7. PAGE 15
LEGAL DESCRIPTION FOR PARCEL 105TCE
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT
A PORTION OF TRACT 117. GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOK?' 'PAGE' "'5 OF THE
PUBLIC RECORDS OF COLLIER COUN'TY, FLORIDA. lYING IN SECTION 15. TOWNSHIP 49S0UJ~.. RANGE. 26 EAST.
COLLIER COUN'TY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. . : ,/ ' ,
. ,.,'r I
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THE WEST 5 FEET OF THE EAST 40 FEET OF THE SOUTH 165 FEET O'6Fa SAID TRABCyT 117 :...,-~, .',..., ~"(J1' "'/"1
CONTAINING 825 SQUARE FEET, MORE OR LESS. i!d: I' '1{C,
o 40 60
I I I I Ie EL A WARD, PROFESSIONAL LAND SURVEYOR
FLORIOA REGISTRATJON CERTIFICATE NO. 5301
SIGNING DATE:
NOT VALID WITHOUT THE ORIGINAL SIGNATURE &: RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
SCALE: 1 ~=BO'
BOARD OF COUNTY COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF:
PROPOSED TEMPORARY CONSTRUCTION EASEMENT
PARCEL 105TCE
COLLIER COUNTY, FLORIDA
JOB NUMBER REVISION SECTION
850106.02.00 0006 REV 3 15
SCALE
1" ~ 80'
DATE
10-24-07
D'lTA 1N"~on
CONSULTING Civil &gineerlng
.... '-, '.L .... Su<voying & Mowms
6610 Willow Park Drive, Suite 200
Naples, Florida 34109
Phone: (239)597-0575 FAX: (239) 597-0578
LBNo.:6952
FILE NAME SHEET
UN26 SKlOSTCE OF ,
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5.-1
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TRACT 117
GOLDEN GATE ESTATES
UNIT 26
PLAT BOOK 7 PAGE 15
PROPOSED RIGHT OF WAY
PARCEL lD6FEE
5,775 SQ, FT.
660'(P)
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kXxXx>1 PROPOSED RIGHT OF WAY
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EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE
OF THE PUBLIC PER PLAT BOOK 7. PAGE 15
FE! SIMPLE
INTEREST
A PORTION OF TRACT 117. GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOK 7. PAGE 15 OF THE
PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 15. TOWNSHIP 49 SOUTH, RANGE 1'6 EAST.
COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
LEGAL DESCRIPTION FOR PARCEL 1 D6FEE
THE EAST 35 FEET OF THE NORTH 165 FEET OF SAID TRACT 117.
.'"
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNlY GOVERNMENT
o
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80
160
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,:\', ,; J+.;/~,f,
BY: , . " , , , , , , , , 0 .1. ~. "I';'~ I
MICHAEL A. WARD, PROFESSIONAL LAND, SURVEYOR
FLORIDA REGISTRATION CERTIFICATE ,NO. 5;301
SIGNING DATE: . , l
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.' .
CONTAINING 5.775 SQUARE FEET. MORE OR LESS.
SCALE: 1"=80'
BOARO OF COUNlY COMMISSIONERS
COLDER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 106FEE
COLLIER COUNTY, FLORIDA
JOB NUMBER
J50106.02.00 0006
SCALE
1" = 80'
OATE
10-24-07
D\XTA lNC'~~n
CONSULTING Civil~ '
.... '-, '.L ..... Swv.,IDg & MOpp;ng
6610 Willow Park Drive, Suite 200
Naplas, Florida 34109
Phona; (239) 597-0575 FAX; (239) 597-0578
LB No.: 6952
FILE NAME
UN26 SK106FEE
SHEET
OF 1
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TRACT 116 D
+
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660'(P)
PROPOSED TEMPORARY
CONSTRUCTION EASEMENT
PARCEL 106TCE
825 SQ. FT.
NORTH 165' OF TRACT 117
POCCHI CONSTRUCTION INC
OR 2620/1 622
TRACT 117
GOLDEN GATE ESTATES
660'(P) UNIT 26 I _100' WIDE
PLAT BOOK 7 PAGE 15 PER PLAT ,-
II I D
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POCCHI +
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OR 3242/0271 I I '"
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EASEM ENT
TEMPORARY
CONSTRUCTION EASEMENT
DURATION ~ YEARS.
OR = OFFICIAL RECORDS (BOOK/PAGE)
~ '" ~ PROPOSED 5' TEMPORARY CONSTRUCTION
~ PROPOSED RIGHT OF WAY
r//~
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE
OF THE PUBLIC PER PLAT BOOK 7. PAGE 15
LEGAL DESCRIPTION FOR PARCEL 106TCE
A PORTION OF TRACT 117. GOLDEN GATE ESTATE5. UNIT 26 AS RECORDED IN PLAT BOOK 7. pACE 15 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LYING IN SECTION 15. TOWNSHIP 49 SOUTH, ~ANGE26 EAST.
COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. "
THE WEST 5 FEET OF THE EAST 40 FEET OF THE NORTH 165 FEET OF SAID TRACT
CONTAINING 825 SQUARE FEET. MORE OR LESS.
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNl'f GOVERNMENT
o
I
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I
60
160
,
BY; .'
1.11 A A.' WARD,. PROFEssioNAL LAND, SURVEYOR
FLORIDA REGISTRATION. GE,Rj'fIFICATE NO.. .5301
SIGNING DATE: '
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL'SURVEYOR AND MAPPER.
SCALE: 1"=80'
BOARD OF COUNl'f COMMISSIONERS
COLDER BOULEVARD
SKETCH & DESCRIPTION OF:
PROPOSED TEMPORARY CONSTRUCTION EASEMENT
PARCEL 106TCE
COLDER COUNTY, FLORIDA
JOB NUMBER REVISION SECTION
)50106.02.00 0006 REV 3 15
D\lTA m,,=.=
CONSULTING Civil~
.... '" u. ... Sunooying & MOpping
6610 Willow Park Drive, Suite 200
Naples. Florida 34109
Phone: (239) 597-0575 FAX; (239) 597-0578
LBNo.:6952
FILE NAME SHEET
UN26 SK 1 06TCE OF 1
SCALE
1" ~ 80'
DATE
10-24-07
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TRACT 11 6
GOLDEN GATE ESTATES
UNIT 26 .
PLAT BOOK 7 PAGE 15 5
PROPOSED TEMPORARY I
CONSTRUCTION EASEMENT-...........
35'
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1_100' WIDE
PER PLAT
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LAMB
OR 2331/1208
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PROPOSED RIGHT OF WAY
PARCEL 107FEE
6,300 SQ. FT.
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[/ / ~ EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL
OF THE PUBLIC PER PLAT BOOK 7, PAGE 15
USE
FEE SIMPlE
INTEREST
LEGAL DESCRIPTION FOR PARCEL 107FEE
A PORTION OF TRACT 116. GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOK 7. PAGE 15 OF THE
PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 15. TOWNSHIP 49 SOUTH, RANGE 46 EAST.
COLLIER COUNTY, FLORIOA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE EAST 35 FEET OF THE SOUTH 180 FEET OF SAID TRACT 116.
CONTAINING 6,300 SQUARE FEET. MORE OR LESS.
.''''
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT BOARD
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80
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180
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: ~ ( '\: 1(>
:"~.'.. ,', JJj~(1l1
BY: " . /.., ,
MICHAEL A. WARD, PROFESSIONAL 'LAND ~URVEYOR
FLORIDA REGISTRATION CERTIFICATE ~O. :5301
SIGNING DATE:
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
SCALE: 1 "=80'
OF COUNTY COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 107FEE
COLLIER COUNTY, FLORIDA
JOB NUMBER
)50106.02.00 0006
SCALE
1" = 80'
DATE
10-24-07
DlX'A INC'~~on
CONSULTING Civil~
.... '-, ,.... .... S"",,)ing&Mapp;ng
6610 Willow Park Drive, Sulte 200
Naples. Fiorida34109
Phone: (239)597-0575 FAX: (239) 597.0578
LBNo.:6952
FILE NAME
UN26 SK107FEE
SHEET
OF 1
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LAMB
OR 2331/1208
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GOLDEN GATE ESTATES
660'(P) UNIT 26
PLAT BOOK 7 PAGE 15
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MORALES
OR 4265/2627
40'
PROPOSED TEMPORARY
CONSTRUCTION EASEMENT~
PARCEL 10lTCE '\
900 SQ. FT.
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OR = OFFICIAL RECORDS (BOOK/PAGE)
~ '" ~ PROPOSED 5' TEMPORARY CONSTRUCTION
kXxXx>1 PROPOSED RIGHT OF WAY
[//~
EASEMENT
TEMPORARY
CONSTRUCTION EASEMENT
DURATION 3 YEARS.
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE
OF THE PUBLIC PER PLAT BOOK 7. PAGE 15
LEGAL DESCRIPTION FOR PARCEL 10lTCE
A PORTION OF TRACT 116. GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOK 7, PAGE 15'OF THE
PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 15, TOWNSHIP 49 SOUTH, ,RANGe' '26. EAST.
COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS " /; ,; j hI"" /
;:~::c' ';:~::':;'CT~~ ,~:,~:; :;,:" oc:~ '" eerr :~ '^" ''':' "/tiJlJiu:;,/." 1
SKETCH & DESCRIPTION ONLY I I I I MICHAEL A. WARp, PROFESSIONAL LANO SURVEYOR
FLORIDA REGISTRATIOt-l CERTIFICflle 'NO. 5301
NOT A BOUNDARY SURVEY SCALE, l"~BD' SIGNING OAT" '.. ",
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS ~o;L6~~~ ~~~I~~IR~~E p~~I~~~~~O~~~N~1~~~~R R~~JOM;~~~R~SED SEAL OF
COLLIER BOULEY ARD
SKETCH & DESCRIPTION OF:
PROPOSED TEMPORARY CONSTRUCTION EASEMENT
PARCEL 107TCE
COLLIER COUNTY, FLORIDA
JOB NUMBER REVISION SECTION
J50106.02.00 0006 REV 3 15
SCALE
1" = 80'
DlXTA lNC~on
CONSULTING Ci.vll~
.... '-, '.I.. .... Smv,ying&""'win8
6610 Willow Park Drive, Suite 200
Naples, Florida 34109
Phone: (239) 597-0575 FAX: (239) 597-0578
LBNo.:6952
FILE NAME
UN26 SK107TCE
SHEET
OF 1
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TRACT 11 6
GOLDEN GATE ESTATES
UNIT 26
PLAT BOOK 7 PAGE 15
PROPOSED RIGHT OF WAY
PARCEL 1 D8FEE
5,250 SQ. fl.
35'
660'(P)
PROPOSED TEMPORARY
CONSTRUCTION EASEMENT~
NORTH 150' OF TRACT 116
LAMB
OR 2331/1206
660'(P)
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OR 4285/2827 I,
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r//~
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OF THE PUBLIC PER PLAT BOOK 7, PAGE 15
FEe SIMPLE
INTEREST
LEGAL DESCRIPTION FOR PARCEL 1 D8FEE
A PORTION OF TRACT 116. GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOK 7, PAGE 15 OF THE
PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 15. TOWNSHIP 49 SOUTH. RANGE. 26 EAST,
COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. . . I" ,
THE EAST 35 FEET OF THE NORTH 150 FEET OF SAID TRACT 116.
",.
CONTAINING 5.25D SQUARE FEET. MORE OR LESS.
o 40 80
SKETCH & DESCRIPTION ONLY I I
NOT A BOUNDARY SURVEY SCALE, ,"=80'
FOR, COLLIER COUNTY' GOVERNMENT BOARD OF COUNTY' COMMISSIONERS
160
I
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 108FEE
COLLIER COUNTY. FLORIDA
JOB NUMBER
)50106.02.00 0006
SCALE
1" = 80'
DATE
10-24-07
D\XTA lNC=.on
CONSULTING Civil~ '
.&. '-, '.L .a. SU<Ve)'ing & Mopping
6610 Willow Park Drive, Suite 200
Naples,Florlda34109
Phone; (239) 597-0575 FAX: (239) 597-0578
LBNo.:6952
FILE NAME
UN26 SK108FEE
SHEET
OF 1
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GOLDEN GATE ESTATES
UNIT 26
PLAT BOOK 7 PAGE 15
40'-
660'(P)
NORTH 150' OF TRACT 116
lAMB
OR 2331/1208
5'-
PROPOSED TEMPORARY
CONSTRUCTION EASEMENT ~
PARCEL 108TCE
750 SQ. FT.
660'(P)
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EASEMENT
TEMPORARY
CONSTRUCTION EASEMENT
DURATION 3 YEARS.
PROPOSED RIGHT OF WAY
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL
OF THE PUBLIC PER PLAT BOOK 7. PAGE 15
USE
LEGAL DESCRIPTION FOR PARCEL 108TCE
SKETCH & OESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR, COLLIER COUN1Y GOVERNMENT
A PORTION OF TRACT 116. GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOK 7, PAGE 15 OF THE
PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, LYING IN SECTION 15. TOWNSHIP 49 SOUTH, RANG~' 26 EAST.
COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. .'
;::,::::c',;:;oo~:;~~~"::::: ::'''~ '" em:~~" '~"OM~7
MICHAEL.A.."WARD,' PI;lOFESSIONAL LAtlil'SURVEYOR
! I FLORIDA REGISTRATION r;;p~TIFICNE; 'NO. .5JOl
SIGNING DATE:,' .. (I.
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISE!) EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL 'SURVEYOR A/-!D rMAPPER.
SCALE: 1"=80'
BOARD OF COUN1Y COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF:
PROPOSED TEMPORARY CONSTRUCTION EASEMENT
PARCEL 10BTCE
COLLIER COUNTY, FLORIDA
JOB NUMBER REVISION SECTION
)50106.02.00 0006 REV 3 15
SCALE
1" ~ 80'
D'lTAINC.=.on
CONSULTING Civil~.,
.... '-, ,... .... S"""yIDg & MOppIDg
6610 Willow Park Drive, Suite 200
Naples, Florida 34109
Phone; (239) 597-0575 FAX: (239) 597-0578
lB No.: 6952
FILE NAME SHEET
UN26 SK108TCE OF 1
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GOLDEN GATE ESTATES
UNIT 26
PLAT BOOK 7 PAGE
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OR 4016/3635
Lloo' WIOE
1- PER PLAT
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GONZALEZ
OR 4254/4055
5'
PROPOSED RIGHT OF WAY
PARCEL 109FEE
5,250 SQ. FT.
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15
PROPOSED TEMPORARY I
CONSTRUCTION EASEMENT-..........
....
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TRACT 116 ,I 0
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PER PLAT ,
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M(j PROPOSED RIGHT OF WAY
r//~
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE
OF THE PUBLIC PER PLAT BOOK 7, PAGE 15
FE! SIMPl.e
INTEREST
LEGAL DESCRIPTION FOR PARCEL 1 D9FEE
A PORTION OF TRACT liS, GOLDEN GATE ESTATES, UNIT 26 AS RECORDED IN PLAT BOOK 7. PAGE 15 OF THE
PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 15. TOWNSHIP 49 SOUTH, RANGE 26 EAST.
COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE EAST 35 FEET OF THE SOUTH 150 FEET OF SAID TRACT 115.
.-"""
CONTAINING 5.250 SQUARE FEET. MORE OR LESS.
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT
o
I
40
1
BO
1
160
1
'. ,
. ~,i' I ,
: ., r ',.' .
/Wjr;2fJ3D1
~CHAEL A. WARD, PROFESSIONAL LAND SURVEYOR
~~g~~~ ~;-?~;TRATION CERTIFICATE NO, 5301
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
SCALE: 1"=80'
BOARD OF COUNTY COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 109FEE
COLLIER COUNTY, FLORIDA
JOB NUMBER
050106.02.00 0006
SCALE
1" ~ 80'
D\lTA INC~~on
CONSULTING Civil~
..&. ....., u. ..... Smveying & Mapping
6610 Willow Park Drive, Suite 200
Naples. Florida 34109
Phone: (239) 597-0575 FAX: (239) 597"0578
LBNo.:6952
FILE NAME
UN26 SK109FEE
SHEET
OF 1
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EXHIBIT A
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GOLDEN GATE ESTATES
660'(P) UNIT 26
PLAT BOOK 7 PAGE 15
PROPOSED TEMPORARY
CONSTRUCTION EASEMENT-..........
PARCEL 1 D9TCE
5'
;g
r
SOUTH 150' OF TRACT 115
GONZALEZ
OR 4254/4055
. 750 SQ. FT.
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~ ,,"'1 PROPOSED 5' TEMPORARY CONSTRUCTION
lX.(<;>j PROPOSED RIGHT OF WAY
r//~
EASEMENT
TEMPORARY
CONSTRUCTION EASEMENT
DURATION :3 YEARS.
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE
OF THE PUBLIC PER PLAT BOOK 7. PAGE 15
LEGAL DESCRIPTION FOR PARCEL 1 D9TCE
A PORTION OF TRACT 115. GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOK 7. PAGE 15 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 15. TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
SKETCH & DESCRIPTION ONLY
NOT A BOUNOARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT
o
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I
80
I
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I"" .,'
OF SAID TRACT 115t/J;";""?JJM' . '.
. j r)
, ( , . , !~f;~(o7
. \ pi,
160 8)' -l>' { "
I MICHAEL A. . WARD; PiWF'ESSIONAL LAND SU~',l~YOR'
FLORIDA REGISTRATiON "1Jf;RTIFJCATE NO.: 5,)01,1,."
SIGNING DATE;. . I, " ."" . ,{; >"
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED 'EMSOS'SEDSEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
THE WEST 5 FEET OF THE EAST 40 FEET OF THE SOUTH 150 FEET
CONTAINING 750 SQUARE FEET. MORE OR LESS.
SCALE: 1"=80'
BOARD OF COUNTY COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF:
PROPOSED TEMPORARY CONSTRUCTION EASEMENT
PARCEL l09TCE
COLLIER COUNTY, FLORIDA
JOB NUMBER REVISION SECTION
)50106.02.00 0006 REV 3 15
SCALE
1" ~ 80'
DATE
10-24-07
D'lTA mc.~on
CONSULTING Civil~
.&. '-, u.. ..... S""",yWg & Maw.,.
6610 Willow Park Drive, Suite 200
Naple8, Florida 34109
Phone: (239) 597-0575 FAX: (239)597-0578
LBNo.:6952
FILE NAME
UN26 SK109TCE
SHEET
OF 1
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PROPOSED RIGHT OF WAY
PARCEL 110FEE
6,300 SQ. Fr.
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TRACT 114
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RODRIGUEZ
OR 4016/3635
PROPOSED TEMPORARY
CONSTRUCTION EASEMENT ~
TRAcT 115 5'---1
GOLDEN GATE ESTATES
UNIT 26
PLAT BOOK 7 PAGE 15
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kXxX)j PROPOSED RIGHT OF WAY
[//~
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE
OF THE PUBLIC PER PLAT BOOK 7, PAGE 15
FEE SIMPLE
INTEREST
LEGAL DESCRIPTION FOR PARCEL 110FEE
A PORTION OF TRACT 115. GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOK 7, PAGE 15 OF THE
PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 15. TOWNSHIP 49 SOUTH, RANGE ,29 EAST,
COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE EAST 35 FEET OF THE NORTH 180 FEET OF SAID TRACT 115.
""'
CONTAINING 6,300 SQUARE FEET, MORE OR LESS.
: I,'
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ii
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT
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160
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BY: ", ."
MICHAEL A. WARD, PROFESSIONAL LAND SURVEYOR
FLORIDA REGISTRATION CERTIFICATE .NO. 5J01
SIGNING DATE:
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EM80SSEDSEAl OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
SCALE: 1"=80'
BOARO OF COUNTY COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 11 OFEE
COLLIER COUNTY, FLORIDA
JOB NUMBER
050106.02.00 0006
SCALE
1" = 80'
DATE
10-24-07
D'XTA !NC=-
CONSULTING Civil~
..... "" , .... ... Surveying & Mapping
6610 Willow Park Drive. Suite 200
Naples. Florida 34109
Phone: (239) 597-0575 FAX: (239)597-0578
LBNo.:6952
FILE NAME
UN26 SK110FEE
SHEET
OF 1
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PROPOSED TEMPORARY
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PARCEL 110TCE
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OR 4018/3635
115
660'(P)
TRACT 115
GOLDEN GATE ESTATES
UNIT 26
PlAT BOOK 7 PAGE 15
GONZALEZ
OR 4254/4055
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TEMPORARY
CONSTRUCTIONEASBMENT
DURATION :? YEARS.
OR = OFFICIAL RECORDS (BOOK/PAGE)
~ '" "J PROPOSED 5' TEMPORARY CONSTRUCTION
k><xX/j PROPOSED RIGHT OF WAY
r//~
EASEMENT
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE
OF THE PUBLIC PER PLAT BOOK 7, PAGE 15
LEGAL DESCRIPTION FOR PARCEL 110TCE
A PORTION OF TRACT 115. GOLDEN GATE ESTATES, UNIT 25 AS RECORDED IN PLAT BOOK 7, PAGE 15 OF THE PUBLIC RECORDS OF
COLLIER COUNTY. FLORIDA. LYING IN SECTION 15. TOWNSHIP 49 SOUTH, RANGE 26 EAST. COLLIER COUNTY. FLORIDA BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS.
THE WEST 5 FEET OF THE EAST 40 FEET OF THE NORTH 180 FEET OF SAIO TRACT 115.
LESS AND EXCEPT:
THE NORTH 30 FEET OF SAID TRACT 115 (THAT PART BEING AN EXISTING ROAOWAY EASEMENT
CONTAINING 750 SQUARE FEET. MORE OR LESS.
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR, COLLIER COUNTY GOVERNMENT
o
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40
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80
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SCALE: 1 ~=BO'
BOARO OF COUNTY COMMISSIONERS
BY,
1,11 HAEL A'. W4.RO, 'PROFESSIONAL LAND SURVEYOR
FLORIDA REGISmI\TION. yERTIFICATE NO., 5301
SIGNING ?ATE: ,., '. ,..,.",
NOT VALID WITHOUT THE ORIGINAL SIGNATURE de RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED' PROFESSIONAL SURVEYOR AND MAPPER.
COLUER BOULEVARD
SKETCH & DESCRIPTION OF:
PROPOSED TEMPORARY CONSTRUCTION EASEMENT
PARCEL 11 OTCE
COLLIER COUNTY, FLORIDA
JOB NUMBER REVISION SECTION
)50106.02.00 0006 REV 2 15
DATE
8-23-07
SCALE
1" = 80'
D'XTA INC~on
CONSULTING Civil~
.&. ...., , .... .... Sonvcyffig & Mopping
6610 Willow Park Drive, Suite 200
Naples, Florida 34109
Phone; (239) 597-0575 FAX: (239) 597-0578
LB No.: 6952
FILE NAME
UN26 SKll0TCE
SHEET
OF 1
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PROPOSED TEMPORARY
CONSTRUCTION EASEMENT
PROPOSED RIGHT OF WAY
PARCEL 111 FEEl
169 SO. FT.
POINT OF
COMMENCEMENT
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SOUTH LINE OF
PLAT OF
BROOKS VILLAGE
PB 99, PG 27
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LINE
L1
L2
L3
L4
L5
LINE TABLE
BEARING
NOO'29'08"W
S89' 31'05" W
S89' 31 '05" W
N33'12'29"E
SOO'29'08" E
LENGTH
30.00'
5.00'
15.00'
27.04'
22.50'
~
,
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OR ~ OFFICIAL RECORDS (BOOK/PAGE)
PROPOSED RIGHT OF WAY
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE
OF THE PU8L1C PER PLAT BOOK 7, PAGE 15
TRACT R-1. PLAT BOOK 99. PAGE 27, PUBLIC
RECORDS. CLOOIER COUN1Y, FLORIDA
LEGAL DESCRIPTION FOR PARCEL 111 FEEl
A PORTION OF TRACT" I" (FUTURE DEVELOPMENT) OF THE PLAT OF BROOKS VILLAGE AS RECORDED IN PLAT BOOK
99, PAGE 27 OF THE PUBLIC RECORDS OF COLLIER COUN1Y. FLORIDA. LYING IN SECTION 15. TOWNSHIP 49 SOUTH.
RANGE 26 EAST. COLLIER COUN1Y. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
I" " ~
W0A
rx"/'I
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fEe SIMPlE
INTEREST
PROPOSED 5' TEMPORARY CONSTRUCTION EASEMENT
COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT R-1 AS RECORDED IN PLAT BOOK 99. PAGE 27 OF THE
PUBLIC RECORDS OF COLLIER COUN1Y. FLORIDA;
THENCE N.OD'29'08"W.. ALONG THE EAST LINE OF SAID TRACT R-1. FOR 30.00 FEET;
THENCE S.89'31'D5"W.. FOR 5.00 FEET TO THE POINT OF BEGINNING.
THENCE CONTINUE S.89'31'D5"W.. FOR 15.00 FEET;
THENCE N.33' 12'29" E.. FOR 27.04 FEET, TO A POINT ON THE WEST LINE OF SAID TRACT R-1;
THENCE ALONG THE SAID WEST LINE OF TRACT R-1. S.DO'29'08"E.. FOR 22.50 FEET TO THE POINT OF BEGINNING
OF HEREIN DESCRIBED PARCEL.
CONTAINING 169 SQUARE FEET MORE OR LESS.
SKETCH & DESCRIPTION ONLY
NOT A 80UNOARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT BOARD
o
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160
I
~ L E! ~/J4!~LA 0 SURVEYOR
~ISTRATIONC Al!f'
SIGNING DATE "0
NOT VAUO WITHOUT THE ORIGINAL SIGNATUR RAIS EMBOSSEQ SEAL OF
A FLORIDA REGISTERED FROFESSIONAL SURVEY R AN MAPPER.
SCALE: 1 "=80'
OF COUNTY COMMISSIONERS
JOB NUMBER
050106.02.00 0006
SCALE
1" - 80'
O\lT^n<"~on
CONSULTING Civil~
.&. .... f f.L ... _"'_
6610 Willow Park Drive, Suite 200
Naples, Florida 34109
Phone: (239) 597-0575 FAX: {239) 597-0578
L8No.:6952
FILE NAME
UN26 SKll1FEE1
SHEET
OF 1
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL II IFEEI
COLLiER COUNTY, FLORIDA
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PB 99, PG 27
PROPOSED TEMPORARY
CONSTRUCTION EASEMENT
PARCEL 111TCE1
161 SQ. FT.
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L1
L2
L3
L4
L5
L6
L7
LINE TABLE
BEARING
NOD'29'D8"W
S89'31'05"W
S89' 31 '05" W
NOO'33'14"W
N33' 12'29" E
SOO'29'08"E
S33'12'29"W
LENGTH
30.00'
20.00'
5.00'
1.51'
36.05'
9.01'
27.04'
TEMPORARY
CONSTRUCTION EASEMENT
DURATION '3 YEARS.
~ OR ~ OFFICIAL RECORDS (BOOK/PAGE)
! ~ '" ~ PROPOSED 5' TEMPORARY CONSTRUCTION
l:;r~:;;j
~/~Xj
I//~
EASEMENT
PROPOSED RIGHT OF WAY
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE
OF THE PUBLIC PER PLAT BOOK 7. PAGE 15
TRACT R-1. PLAT BOOK 99. PAGE 27. PUBLIC
RECORDS. CLOOIER COUN1Y. FLORIDA
LEGAL DESCRIPTION FOR PARCEL 111TCE1
A PORTION OF TRACT" I" (FUTURE DEVELOPMENT). OF THE PLAT OF BROOKS VILLAGE AS RECORDED IN PLAT BOOK
99. PAGE 27 OF THE PUBLIC RECORDS OF COLLIER COUN1Y, FLORIDA. LYING IN SECTION 15, TOWNSHIP 49 SOUTH.
RANGE 26 EAST. COLLIER COUN1Y. FLORIDA BEING MDRE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT R-1 AS RECORDED IN PLAT
PUBLIC RECORDS OF COLLIER COUN1Y. FLORIDA;
THENCE N.OO'29'08"W" ALONG THE EAST LINE OF SAID TRACT R-1. FOR 3D.DO FEET;
THENCE S.89'31'05"W.. FOR 20.00 FEET TO THE POINT OF BEGINNING.
THENCE CONTINUE S.89'31'05"W., ALONG SAID NORTH LINE. FOR 5.00 FEET;
THENCE LEAVING SAID NORTH LINE N.OO'33'14"W" FOR 1.51 FEET;
THENCE N.33'12'29" E. FOR 36.D5 FEET;
THENCE S.OO'29'08"E.. 9.01 FEET:
THENCE S.33'12'29"W.. FOR 27.04 FEET
BOOK 99, PAGE 27 DF THE
TO THE POINT DF BEGINNING OF HEREIN
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT
o
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80
160
I
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FLORIDA REGISTRATlOJlL1~~IF'ClT~. 5301
SIGNING LiATE: t 0 vv
NOT VAUD WITHOUT THE ORIGINAL SIGNA E &: RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL S RVEYO AND MAPPER.
CONTAINING 161 SQUARE FEET MORE OR LESS.
SCALE: 1"=80'
BOARD OF COUNTY COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF:
PROPOSED TEMPORARY CONSTRUCTION EASEMENT
PARCEL lI1TCEl
COLLIER COUNTY, FLORIDA
JOB NUMBER REVISION SECTION
0501D6.02.0D 0006 15
SCALE
1" ~ 80'
D\lT^INC~
CONSULTING Civil~
..... ....., ,..... .a. __&_
6610 Willow Park Drive, Sulle 200
Naples, Florida 34109
Phona:(239) 597.0575 FAX: (239)597-0578
LBNo.:6952
FILE NAME
UN26 SK111TCEl
SHEET
OF 1
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660'(P)
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TRACT 113
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SEMBLER FMLY PRTNRSHP #41 LTD
OR 4140/1022
SOUTH liNE OF
TRACT 11 J
5'
s
PROPOSED TEMPORARY
CONSTRUCTION EASEMENT
PARCEL 111TCE2
BOO SQ. FT.
660'(P)
TRACT 113
TRACTS 111 - 11 4
GOLDEN GATE ESTATES
UNIT 26
PLAT BOOK 7 PAGE 15
SOUTH 150' OF TRACT 113
SEMBLER FMLY PRTNRSHP #41 LTD
OR 4140/1041
r
....
660'(P)
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-
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TRACT 114
POINT OF
COMMENCEMENT
~100' WIDE
PER PLAT
SEMBLER FMLY PRTNRSHP
#41 L TO
OR 4140/1041
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LINE
L1
L2
L3
L4
L5
L6
LINE TABLE
BEARING
NOO'29'08"W
S89'30'52"W
S89' 30' 52" W
NOO'29'OS"W
NS9'30'52"E
SOO'29'08" E
LENGTH
67.32'
5.00'
5.00'
160.00'
5.00'
160.00'
OR = OFFICIAL RECORDS (BOOK/PAGE)
~ "" ~ PROPOSED 5' TEMPORARY CONSTRUCTION
~
r//~
EASEMENT
TEMPORARY
CONSTRUCTION EASEMENT
DURATION S YEARS.
PROPOSED RIGHT OF WAY
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL
OF THE PUBLIC PER PLAT BOOK 7. PAGE 15
USE
LEGAL DESCRIPTION FOR PARCEL 111TCE2
A PORTION OF TRACT 113 GOLDEN GATE ESTATES, UNIT 26 AS RECORDED IN PLAT BOOK 7, PAGE 15 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 15, TOWNSHIP 49 SOUTH. RANGE 26 EAST.
COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 113;
THENCE N.OO'29'OS"W.. ALONG THE EAST LINE OF SAID TRACT 113, FOR 67.32 FEET;
THENCE S.S9'30'52"W., FOR 5.00 FEET; TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL;
THENCE S.S9'3D'52"W., FOR 5.00 FEET:
THENCE N.DO'29'08"W., FOR 160.00 FEET;
THENCE N.89'30'52" E.. FOR 5.00 FEET;
THENCE S.OO'29'OS"E., FOR 160.00 FEET TO
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT BOARD
o
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80
I
160
I
.......
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HERtlJEIN DE;>C~I,~ED PjlRCEL:
~ ", I)
.' ):,;' !(;I~.$!~1
.: "'~.:' ,.I,
BY: "" .' ;
MICHAEL A. WARD, PRPFESSIDNAIJ UNo. SURVEYOR
FLORIDA REGISTRATION CERTIFICATE" NO,' 530.1
SIGNING DATE; , ,
THE POINT OF BEGINNING OF THE
CONTAINING 800 SQUARE FEET MORE OR LESS.
SCALE: 1 "=80'
OF COUNTY COMMISSIONERS
No.T VALID WITHOUT THE ORIGINAL SIGNATURE' & RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF:
PROPOSED TEMPORARY CONSTRUCTION EASEMENT
PARCEL 111 TCE2
:OLLIER COUNTY, FLORIDA
JOB NUMBER REVISION SECTION
50106.02.00 0006 REV 3 15
SCALE
1" - 80'
DATE
10-24-07
DlXTA rnc'=tion
CONSULTING Ci.vil~
.&. '-, '.L .... Snnooying & Mapping
6610 WJlJow Park Drive, Sulle 200
Naples, Florida 341 09
Phone; (239) 597-0575 FAX; (239) 597-0578
LB No.: 6952
FILE NAME SHEET
UN26 SK111TCE2 OF 1
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GOLDEN GATE ESTATES
UNIT 27
PLAT BOOK 7, PAGE 17
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EASEMENT PARCEL 112RDUE
28.364 SQ. FT.
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CONSTRUCTION EASEMENT
PARCEl.. 112TCE I
r
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I' - . .;.....
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--
----
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WEBER BOULEVARD
TRACT 1 50
OR = OFFICIAL RECORDS (BOOK/PAGE)
p<)<)1 PROPOSED ROADWAY, DRAINAGE, AND UTllI1Y EASEMENT (RDUE)
I' ''J EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAl USE
~...I OF THE PUBLIC PER PLAT BOOK 7, PAGE 17
LEGAl DESCRIPTION FOR PARCEL 112RDUE
A PORTION OF TRACT 151, GOLDEN GATE ESTATES, UNIT 27 AS RECORDED IN PLAT BOOK 7, PAGE 17 OF THE
PUBLIC RECORDS OF COWER COUN1Y, flORIDA, LYING IN SECTION 14-, TOWNSHIP 4-9 SOUTH, RANGE 26 EAST,
COLLIER COUN1Y, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE SOUTH 4-5 FEET OF THE NORTH 75 FEET OF SAID TRACT 151,
LESS AND EXCEPT;
THE WEST 60 FEET OF TRACT 151 (THAT PART BEING AN EXISTING
AFOREMENTIONED PLAT)
CONTAINING 28,364- SQUARE FEET.
MORE OR
o
I
LESS.
40
80
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY SCALE, '"=80'
FOR, COLLIER COUNTY GOVERNMENT BOARD OF COUNlY COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 112RDUE
COLLIER COUNTY, FLORIDA
SCALE
1" = 80'
fIERPET1JAL, NON-EXCLUSIVE
ACW) RIOHT.()F~Y, DRAINAGE
AND UTIUTY EASeMENT
ROADWAY EASEM1T, P;~ ,;E /'
160 'Wfr<^/
I MICHAEL A. WAAC. PRO~~ lAND SURVEYOR
FlORIDA REGlSTRATlONh EdlO. 5301
SIGNING DAre 7 I PD
NOT VAUO WlTHOlJT 11-lE ORIGINAL SIO~ RAISED EMaOSSED SEAL OF
A FLORIo,.. REGISTERED PROFESSIONAl RVEYOR AND MAPPER.
O'lT^~~
CONSULTING Ovil~
........, ,.... .a. _"_
GIN 0 WlRow Park Drlva, Swla 200
Naples, Florida 34109
Phone: (239)597.0575 FAX: (239)591.Q578
lB No.: 6952
FILE NAME
UN27 SK112RDUE
SHEET
OF 1
JOB NUMBER
050106.02.00 0006
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EXHIBIT f1
Page ?.. / of ( I '3
LEGAL DESCRIPTION (PARCEL 112 TCE)
A PORTION OF TRACT 151. GLODEN GATE ESTATES. UNIT 27 AS RECORDED IN PLAT BOOK 7. PAGE 17 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LYING IN SECTION 14. TOWNSHIP 49 SOUTH, RANGE
26 EAST. COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 151;
THENCE S.00'28'54"E., ALONG THE EAST LINE OF SAID TRACT 151 FOR 75.00 FEET TO THE POINT OF
BEGINNING OF THE PARCEL HEREIN DESCRIBED;
THENCE CONTINUE S.00'28'5<f' E.. ALONG THE SAID EAST LINE FOR 5.00 FEET;
THENCE S.89'30'42"W. FOR 103.62 FEET;
THENCE S.OO'28'54"E. FOR 10.00 FEET;
THENCE S.89'30'42"W. FOR 30.00 FEET;
THENCE N.00'28'54"W. FOR 1 0.00 FEET;
THENCE S.89'30'42"W. FOR 132.41 FEET;
THENCE S.00'29'08" E. FOR 10.00 FEET;
THENCE S.89'30'42"W. FOR 100.00 FEET;
THENCE N.OO'29'08"W. FOR 1 0.00 FEET:
THENCE S.89'30'42"W. FOR 263.88 FEET;
THENCE N.00'30'46"W. FOR 5.00 FEET;
THENCE N.89'30'42"E. FOR 629.91 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN.
CONTAINING 4.450 SQUARE FEET. MORE OR LESS.
BEARINGS ARE BASED ON STAET PLANE COORDINATES, FLORIDA EAST lONE.
TEMPORARY
CONSTRUCTION EASEMENT
DURATION :1 YEARS.
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLliER COUN1Y GOVERNMENT
o
I
.MdA:,:u",_
FLORIDA REGISTRATIQ~CERr/f.IF T~ NO. 5301
SIGNING DATE: 7 "'Z1f Of!)
NOT VALID WITHOUT THE ORIGINAL SI NATUR & RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
40
I
60
I
160
I
SCALE: 1"""80'
BOARD OF COUN1Y COMMISSIONERS
COLLIER BOULEVARD
DESCRIPTION OF: PROPOSED TEMPORARY CONSTRUCTION EASEMEN
PARCEL 112TCE
COLLIER COUNTY, FLORIDA
O\lTA INC.~~
CONSULTING CiviJPngi~
.&. ..., , .L .&. s.....,mg & Mapp;ng
6610 Willow Park Drive, Suite 200
Naples, Florida 34109
Phone: (239) 597-0575 FAX: (239) 597-0578
lBNo.:6952
FILE NAME
UN27 SKl12TCE
SCALE
1" = 80'
DATE
8-23-07
SHEET
OF2
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/ ,;,;>< X :Ii; , I
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1/ ~~,~~
PROPOSED ROADWAY ::a -,x X \\ I
EASEMENT PARCEL 112RDUE X'x >< '" '"
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)< 0X '" '"
~~~ I
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~~~~
,$ x "'~ "'- r~J, ,,,rn,,,,, "''''' I
x x"''''' or THE NORTH 180 OFT -
c;~ ~ TIlACT151,lJNITZ1
l.,.)\ ~POINT OF), '/ H POINT OF 1
~~ ~ . COMMENCEMENT J WEBER BOULEVARD
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TRACT 151
GOLDEN GATE ESTATES
UNIT 27
PLAT BOOK 7, PAGE 17
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TRACT 150
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PROPOSED TEMPORARAY _____
CONSTRUCTION EASEMENT
PARCEL 112TCE
4,450 SQ. FT.
--T
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"I:::''I'(n\
61
LINE TABLE
BEARING
S00"2B'54' E
S00"2B'54' E
SB9'30'42"W
S00"28'54' E
S89'30'42'W
N00"28'54'w
SB9'30'42"W
SOO'29'08" E
SB9'30'42'W
NOO'29'OB"W
S81nO'42"W
~ .iN<l'O"fO'46':W
BY! fJ (lty "-/
".~ICHAEL A. WARD. PROFESSIONAL lAND SURVEYOR
FLORIDA REGISTRATION CER~n~ 1,' 5~1
SIGNING DATE: "''/ l,.tJ P17
NOT VAUD WITHOUT THE ORIGINAL SIGNATURE RAlS D EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
OR = OFFICIAL RECORDS (BOOK/PAGE)
fXxXx>j PROPOSED ROAOWAY. DRAINAGE, AND UTILITY EASEMENT (ROUE)
I' ,'.J EXISTING RIGHT OF WAY OEDICATED TO THE PERPETUAL USE
'~-.J OF THE PUBLIC PER PLAT BOOK 7, PAGE 17
f/ / ~ PROPOSED TEMPORARY CONSTRUCTION EASEMENT
TEMPORARY
CONSTRUCTION EASEMENT
DURA nON ~ YEARS.
LINE
L1
L2
L3
L4
L5
L6
L7
LB
L9
L10
L11.
L12
LENGTH
75.00'
5.00'
103.62'
10.00'
30.00'
10.00'
132.41'
10.00'
100.00'
10.00'
263.B8'
5.00'
o
40
80
160
SKETCH & OESCRIPTION ONLY
NOT A BOUNOARY SURVEY SCALE, 1"=80'
FOR, COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS
DlXTA INC.~~
CONSULTING Uvill7ngi.-,.;ng
.&. '" , .L ..... Swveying & Mllppiog
6610 Willow Park Drive, Sulle 2DO
Naples, Florida 34109
Phone: (239) 597-0575 FAX: (239) 597'()578
lB No.: 6952
DRAWN BY FILE NAME SHEET
S.D.L. UN27 SKl12TCE 2 OF2
COIJlER BOULEVARD
SKETCH OF: PROPOSED TEMPORARY CONSTRUCTION EASEMENT
PARCEL 112TCE
COLLIER COUNTY, FLORIDA
SCALE
1" = 80'
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306
302+00
303+00
WHITE BOULEVARD
304+ 0
301 +00
1-
1-
POINT OF
COMMENCEMENT
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IBIT It
:ll' of
(.5'
PROPOSED ROADWAY
EASEMENT PARCEL 113RDUE
10,953 SQ. FT.
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TRACT 147
GOLDEN GATE ESTATES
UNIT 27
PLAT BOOK 7, PAGE 17
N
W+E
WEST 160' OF TRACT 147
CANCIO
OR 3954/3007
BELZOWSKI EAPRIETO
OR 3721/2603 OR 2760/3450
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RIOHT~-wAy, DRAINAGE
N<<:J UTILITY EA8eMENT
LINE TABLE
LINE BEARING LENG1H
L1 SOO"28'S4"E 29,98
L2 SOO"28'52"E 60,02
L3 SOO"28'54"E 15,00
L4 S 9'30'3,"W 10,00
USE L5 NOO'28'54"W 75,02
OR = OFFICIAL RECORDS (BOOK/PAGE)
~ PROPOSED ROADWAY, DRAINAGE. AND UTILITY EASEMENT
f/ / ~ EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL
OF THE PUBLIC PER PLAT BOOK 7, PAGE 17
LEGAL OESCRIPTION (PARCEL 113 ROUE)
A PORTION OF TRACT 147, GOLDEN GATE ESTATES UNIT 27. AS RECORDED IN PLAT BOOK 7, PAGE 17, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 14, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT 147
THENCE S.OO'28'54" E., ALONG THE WEST LINE OF SAID TRACT 147, FOR 29.98 FEET TO A POINT ON A LINE LYING
30 FEET SOUTHERLY AND BEING PARALLEL WITH THE NORTH LINE OF SAID TRACT 147 AND THE POINT OF BEGINNING
OF THE PARCEL HEREIN DESCRIBED;
THENCE N.89'30'46"E., ALONG SAID PARALLEL LINE FOR 179.98 FEET;
THENCE S.OO'28'52" E., FOR 60.02 FEET:
THENCE S.89'30'43"W. FOR 169.98 FEET;
THENCE S.00'28'54"E., FOR 15.00 FEET;
THENCE S.89'30'31"W" FOR 10.00 FEET TO A POINT ON WEST LINE OF SAID TRACT 147;
THENCE N.00'2B'5~'W. FOR 75.02 FEET; TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN.
CONTAINING 10,953 SQUARE FEET, MORE OR LESS.
BEARINGS ARE BASED ON STATE PLANE COORDINATES, FLORIOA EAST lONE.
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80
160
,
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY SCALE, 1"=60'
FOR, COLLIER COUNTY GOVERNMENT BOARO OF COUNTY COMMISSIONERS
MICHAEL A. WARD, ?ROrrssIOi'V.L lNlo SURVEYOR
FlORIDA REGISTRATION cmZ~7i.NO' 5301
SIGNING DATE: / V. ~ 'b
NOT VALID WITHOUT THE ORIGIw'L SlQNATUR c!r; SEO EMBOSSED SEAL OF'
A noRlOA REGlSTEREO PROFESSIONAl. SUR\! OR AND MAPPER.
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 113 RDUE
COLLIER COUNTY, FLORIDA
DlXT^lNC~on
CONSULTING Civil~
.&. '-, '.L ... _&""""'"
6610 Willow Park Drlvs, Suits 200
Naples, Aorlda34i09
Phono: (239) 59HI575 FAX: (239) 597-0578
lB No.: 6952
FILE NAME SHEET
UN27 SK113RDUE 1 OF 1
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PROPOSED ROADWAY
EASEMENT PARCEL 114RDUE
4,500 SQ. FT.
IBIT A
SO of
.3
! - TRACT 1 5 1
TRACT 147
GOLDEN GATE ESTATES
UNIT 27
PLAT BOOK 7. PAGE 17
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EAST 150' OF
TRACT 147
BELZOWSKI
OR 3721/2603
TRACT 128
~-TRACT 152
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OR 3954/3007
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OR 2760/3450
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OR ~ OFFICIAL RECOROS (BOOK/PAGE)
PERPeTuAi.. NON-EXCloUSIVE
R(W) RIGHT ..()F-wAY, DRAINAGE
AND unUTY EASEMENT
K><x>1
r//~
PROPOSED ROADWAY, DRAINAGE, AND UTILITY EASEMENT (RDUE)
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE
OF THE PUBLIC PER PLAT BOOK 7. PAGE 17
LEGAL DESCRIPTION FOR PARCEL 114RDUE
A PORTION OF TRACT 147. GOLDEN GATE ESTATES, UNIT 27 AS RECORDED IN PLAT BOOK 7. ,'PAGE. .17 OF 'THE.
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LYING IN SECTION 14. TOWNSHIP 49 SOUTI;I:RANCE 261 EAST.,
COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. ' : '.' !" '.' "
. il I
.. ,
,
TR .CT: 147.
, ..' .I,~l(lr
.'"
"
THE SOUTH 60 FEET OF THE NORTH 90 FEET OF THE WEST 75 FEET OF THE
o
40
I
80
I
160
I
EAS!/J):. .
BY.
MICHAEL A WARD, PROFESSlo'NAL LAND SURVEYOR
FLORIDA REGISTRATION CERTIFICATE NO. 5:501
SIGNING DATE:
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
CONTAINING 4,500 SQUARE FEET, MORE OR LESS.
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT
SCALE: l~=BO'
BOARD OF COUNTY COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 114RDUE
COLLIER COUNTY, FLORIDA
JOB NUMBER
050106.02.00 0006
SCALE
1" ~ 80'
DATE
8-23-07
D\lTA mc.~on
CONSULTING CivilEngineeririg
.... '-, '"L .... S"",o""" & Mopping
6610 Willow Park Drive, Suite 200
Naples, FJorida34109
Phone: (239)597"0575 FAX: (239) 597-0578
LB No.: 6952
FILE NAME
UN27 SK 114RDUE
SHEET
OF 1
~ 39+00
~
40+00
t-4~t-
WHITE BOULEVARD
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EASMENT PARCEL 115RDUE
4,500 SQ. FL
EXHIBIT A
Page ? ( of (( 3'
G
~
TRACT 147
GOLDEN GATE ESTATES
UNIT 27
PLAT BOOK 7, PAGE 17
~
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TRACT 128
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TRACT 147
PRIETO
OR 2760/3450
CANCIO
OR 3954/3007
BELZOWSKI
OR 3721/2603
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OR ~ OFFICIAL RECORDS (BOOK/PAGE)
PERPETUAL, NON-EXCLUSIVE
ROAD RIGHT-oF-wAY, DRAINAGE
AND unUTY EASEMENT
kXxX)j
r//~
PROPOSED ROADWAY, DRAINAGE, AND UTILITY EASEMENT (RDUE)
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE
OF THE PUBLIC PER PLAT BOOK 7. PAGE 17
LEGAL DESCRIPTION FOR PARCEL 115RDUE
A PORTION OF TRACT 147, GOLDEN GATE ESTATES. UNIT 27 AS RECORDED IN PLAT BOOK 7. .PAGE.. J 7 OF 'THE
PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 14. TOWNSHIP 49 SOUTH,- PANGfj 26r.EAST.
COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. ) : ' (, i
, '
,"'"
THE SOUTH 60 FEET OF THE NORTH 90 FEET OF THE EAST 75
CONTAINING 4.500 SQUARE FEET. MORE OR LESS.
. ,.
i", !
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT
o
I
40
I
80
FEET OF SAID TRACTIPl4 , ':.:..: 'itLl.f~t(/o1
160 BY
MI HAEl A WARD. PROFESSIONAL LAND SURVEYOR
I FLORIDA REGISTRATION CERTIFICATE NO. 5301
SIGNING DATE:
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
SCALE: 1"=80'
BOARD OF COUNTY COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 115RDUE
COLLIER COUNTY, FLORIDA
JOB NUMBER
J50106.02.00 0006
SCALE
," = 80'
DATE
8-23-07
DlXT^INC~
CONSULTING CivilEngineerlng
.... ""' u. ... S"""ymg & MeppIDg
6610 Willow Park Drive, Suite 200
Naplas, Florida 34109
Phone; (239) 597-0575 FAX: (239) 597-0578
LB No.: 6952
FILE NAME
UN27 SK115RDUE
SHEET
OF ,
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43+00
44+00
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PROPOSED ROADWAY
EASEMENT PARCEL .116~"HIBIT ~
4,500 SO. FT. I::^ "l
:;..
Page ,) J.- of ils
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TRACT 147
TRACT 128
GOLDEN GATE ESTATES
UNIT 27
PLAT BOOK 7, PAGE 17
~
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WEST 75' OF
TRACT 128
CANCIO
OR 3703/701
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OR 2885/2102
WARD
OR 2545/1656
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PROPOSED ROADWAY, DRAINAGE. AND UTILITY EASEMENT (RDUE)
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE
OF THE PUBLIC PER PLAT BOOK 7. PAGE 17
LEGAL DESCRIPTION FOR PARCEL 116RDUE
PERPETUAL. NON-exCLUSIVE
ROAD RIGHT..QF-wAY, DRAINAGE
AND unUTY EASEMENT
OR ~ OFFICIAL RECORDS (BOOK/PAGE)
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR, COLLIER COUNTY GOVERNMENT
A PORTION OF TRACT 128, GOLDEN GATE ESTATES. UNIT 27 AS RECORDED IN PLAT BOOK 7" PAG,E, .',7,. O,FTHE
PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 14. TOWNSHIP 49 SOUTH,' R!(NGE 26 E7\ST,
COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. '/") .
(" . ,
. I,)
THE SOUTH 60 FEET OF THE NORTH 90 FEET OF THE WEST 75 FEET OF SAID TRACT 1 6 i 1;':.1/(1 .
CONTAINING 4,500 SOUARE FEET, MOR: OR L::S. 80 160 8Y " ',")J)!.J-/tof!./~1
MIC EL A.. WARD, PROFESSlqN,A1.. 'LAf.Jo. SURVEYOR
I I FLORIDA REGISTRATION CERTIFICATE NO. 5301
SIGNING DATE: .
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
SCALE: 1"=80'
BOARD OF COUNTY COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 116RDUE
COLLIER COUNTY. FLORIDA
JOB NUMBER
050106.02.00 0005
SCALE
1" ~ 80'
DATE
8-23-07
D\lT^lNC.~~
CONSULTING CivilEngineering
.... '-, '.I.. .a. S"""ying & MappIDg
6510 Willow Park Drive, Suite 200
Naples, Florida 34109
Phone: (239) 597~0575 FAX: (239) 597-0578
LBNo.:6952
FILE NAME
UN27 SK115RDUE
SHEET
OF 1
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42+
43+00 44+00
WHITE BOULEVARD
45+00
46+0
------
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PROPOSED ROADWAY
EASEMENT PARCEL 117RDUE
4,500 SQ. Fr.
EXHIBIT A
Page .?? of ((:-5
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UNIT 128
GOLDEN GATE ESTATES
UNIT 27
PLAT BOOK 7, PAGE 17
UNIT 125
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CANCIO
OR 3703/701
EAST 75' OF
WEST 150' OF
TRACT 128
MALONEY
OR 2885/2102
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PROPOSED ROADWAY, DRAINAGE, AND UTILITY EASEMENT
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL
OF THE PUBLIC PER PLAT BOOK 7. PAGE 17
(RDUE)
USE
PERPETUAL, NON-exCLUSIVE
ROAD RIGHT-oF-wAY, DRAINAGE
AND unUTY EASEMENT
LEGAL DESCRIPTION FOR PARCEL 117RDUE
CONTAINING 4.500 SQUARE FEET. MORE OR LESS.
A PORTION OF TRACT 128. GOLDEN GATE ESTATES. UNIT 27 AS RECORDED IN PLAT BOOK 7. PAGE, 17 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. lYING IN SECTION 14. TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. " .',',..,.......
'" ,'.
THE SOUTH 60 FEET OF THE NORTH 90 FEET OF THE EAST 75 FEET OF THE WEST 150 FE!>T ';01" "SAID, T~ACT. 128.
{y1Jlt4101
BY: " ",' ,
MICHAEL A;\WARQ" PRotESSJQNAl'l.JA.ND SURVEYOR
FLORIDA REGISTRATION CERTIFICATE NO. 5301
SIGNING DATE:
NOT VALID WITHOUT THE ORIGINAL SIGNATURE de RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
o
I
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I
80
I
160
I
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT
SCALE; 1"=80'
BOARD OF COUNTY COMMISSIONERS
COLUER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 117RDUE
COLLIER COUNTY, FLORIDA
JOB NUMBER
050106.02.00 0006
SCALE
1" - 80'
D'lT^lNC.~on
CONSULTING Civil~
.... "-, ,.I.. ... Sunoeying & Mapphlg
6610 Willow ParK Drive, Suite 200
Naples, Florlda34109
Phone: (239) 597-0575 FAX: (239) 597-0578
LBNo.:6952
FILE NAME
UN27 SK 117RDUE
SHEET
OF 1
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PROPOSED ROADWAY
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10.800 SQ FTEXHIBIT 11
Page :? 4- of~
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TRACT 128
GOLDEN GATE ESTATES
UNIT 27
PLAT BOOK 7, PAGE 17
TRACT 125
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WARD
OR 2545/1656
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PROPOSED ROADWAY, DRAINAGE, AND UTILITY EASEMENT
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL
OF THE PUBLIC PER PLAT BOOK 7. PAGE 17
LEGAL DESCRIPTION FOR PARCEL 11 BRDUE
PERPETUAL, NON-EXCLUSIVE
ROAD RIGHT-OF-wAY, DRAINAGE
AND UTIUTY EASEMENT
OR = OFFICIAL RECORDS (BOOK/PAGE)
USE
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT
A PORTION OF TRACT 128. GOLDEN GATE ESTATES, UNIT 27 AS RECORDED IN PLAT BOOK 1;: PAGE..\ 7. OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LYING IN SECTION 14, TOWNSHIP 49 sOUtH; RANGE 26 EAST,
COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. > :':/' ;'; .
THE SOUTH 60 FEET OF THE NORTH 90 FEET OF THE EAST 180 FEET OF SAID TRAC7fJJ.8/1',~i:1 . j .
CONTAINING 10.800 SQUARE FEET. MORE OR LESS. " ',:\.~ tp{o1
o 40 80 160 BY .
I I I MICHAEL A' WARD, .PRciFEi>S;IO~AL' tAND SURVEYOR
I FLORIDA REGISTRATION CERTIFICATE NO. 5301
SIGNING DATE: r'
NOT VALID WITHOUT THE ORIGINAL SIGNATURE ,& RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
SCALE:: 1 ~=80'
BOARD OF COUNTY COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 118RDUE
COLLIER COUNTY, FLORIDA
JOB NUMBER
050106.02.00 0006
SCALE
1" ~ 80'
DATE
8-23-07
D\lT^lNC.~..
CONSULTING Civil~
.... '-, ,.... ..a. S"""ymg & Mapp;ng
6610 Willow Park Drive, Suite 200
Naples. FJorida34109
Phone: (239) 597-0575 FAX: (239) 597-0578
LB No.: 6952
FILE NAME
UN27 SK 118RDUE
SHEET
OF 1
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PROPOSED ROADWAY
EASEMENT PARCEL 119RDUE
10.800 SQ. FT.
EXHIBIT A
Page .?s of i l :s
TRACT 125
GOLDEN GATE ESTATES
UNIT 27
PLAT BOOK 7, PAGE 17
WEST 1 BO' OF TRACT 125
MURGA
OR 4174/2003
HICKEL
OR 3992/2692
N
w+,
S
lX)<)j
r//~
PROPOSED ROADWAY, DRAINAGE. AND UTILITY EASEMENT (RDUE)
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE
OF THE PUBLIC PER PLAT BOOK 7, PAGE 17
LEGAL DESCRIPTION FOR PARCEL 119RDUE
PERPETUAL, NON-EXCLUSIVE
ROAD RIGHT-OF-WAY, DRAINAGE
AND unuTY EASEMENT
OR = OFFICIAL RECORDS (BOOK/PAGE)
A PORTION OF TRACT 125, GOLDEN GATE ESTATES, UNIT 27 AS RECORDED IN PLAT BOOK 7, PAGE 17 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 14, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE SOUTH 60 FEET OF THE NORTH 90 FEET OF THE WEST 160
CONTAINING 10,800 SQUARE FEET, MORE OR LESS.
FEET OF SAID T7UJA 1 5. J d J /
~ /1/(;7/67
160 B
I MICHAEL A. WARD. PROFESSIONAL LAND SURVEYOR
FLORIDA REGISTRATION CERTIFICATE NO. 5301
SIGNING DATE:
NOT VALID WITHOUT THE ORIGINAL SIGNATURE &: RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
o 40 80
SKETCH & DESCRIPTION ONLY I I
NOT A BOUNDARY SURVEY SCALE, 1"~80'
FOR, COLLIER COUN1Y GOVERNMENT BOARD OF COUN1Y COMMISSIONERS
JOB NUMBER
050106.02.00 0006
SCALE DATE
1" = 80' 8-23-07
D\lT^n<c\~
CONSULTING avilEngiDeering
.&. '" ,... ... s...cyh>g & Mapping
6610 Willow Park Drive, Suite 200
Naples, Florida 34109
Phone: (239) 597-0575 FAX: (239) 597-0578
LB No.: 6952
FILE NAME
UN27 SKl19RDUE
SHEET
OF 1
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 119RDUE
COLLIER COUNTY, FLORIDA
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PROPOSED ROADWAY
EASEMENT PARCEL 120RDUE
9,000 SQ. FT.
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TRACT 125
GOLDEN GATE ESTATES
UNIT 27
PLAT BOOK 7, PAGE 17
TRACT 106
,
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EAST 150' OF
TRACT 125
HICKEL
OR 3992/2692
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PROPOSED ROADWAY, DRAINAGE. AND UTILln' EASEMENT (RDUE)
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE
OF THE PUBLIC PER PLAT BOOK 7. PAGE 17
LEGAL DESCRIPTION FOR PARCEL 120RDUE
PERPETUAL, NON-exCLUSIVE
ROAD RIGHT "()F-wAY, DRAINAGE
AND urlUTY EASEMENT
A PORTION OF TRACT 125. GOLDEN GATE ESTATES, UNIT 27 AS RECORDED IN PLAT BOOK 7, PA~E'17'OFTHE
PUBLIC RECORDS OF COLLIER COUNn'. FLORIDA, LYING IN SECTION 14. TOWNSHIP 49 SOUTH. ~AN.GE,'26 EAST,
COLLIER COUNn', FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. ,..
( -,
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT
:~::::: ::;":o::,;":,~~':,:O ;,'::: '" ~" '00 Em OE ~" ,~" 1JJ1ttJ!.!01
o 40 60 160 BY: '_.'_. ',._ .0'
I I MICHAEL A.WARD, PROFESSlbNA~ 'LAND SURVEYOR
I FLORIDA REGISTRATION CERTIF;ICATj;: NO. 5301
SIGNING DATE:
NOT VALID WITHOUT THE ORIGINAL' SIGNATURE,'&. RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND - MAPPER.
SCALE: 1"=80'
BOARD OF COUNTY COMMISSIONERS
COLtiER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 120RDUE
COLLIER COUNTY. FLORIDA
JOB NUMBER
050106.02.00 0006
SCALE
1" ~ 80'
D\lT^INC.~
CONSULTING Ovil &gineering
..... ...., ,... .... s""",yillg&M>ppJng
6610 Willow Park Drive, Suite 200
Naples. Florida 34109
Phone: (239) 597-0575 FAX: (239) 597-0578
lBNo.:5952
FILE NAME
UN27 SK 120RDUE
SHEET
OF 1
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4,500 SQ. FT.
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Page S 7 of i I s
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TRACT 125
TRACT 106
GOLDEN GATE ESTATES
UNIT 27
PLAT BOOK 7, PAGE 17
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WEST 75' OF
TRACT 1 06
REISSA & DIEZ
OR 4045/2554
WILLIAMS
OR 1277/409
NODOTTI
OR 2213/1832
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PROPOSED ROADWAY, DRAINAGE, AND UTILITY EASEMENT
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL
OF THE PUBLIC PER PLAT BOOK 7. PAGE 17
LEGAL DESCRIPTION FOR PARCEL 121 RDUE
(RDUE)
USE
PERPETUAL, NON-EXCLUSIVE
ROAD RIGHT-OF-WAY, DRAINAGE
AND UTIUTY EASEMENT
OR = OFFICIAL RECORDS (BOOK/PAGE)
A PORTION OF TRACT 106, GOLDEN GATE ESTATES. UNIT 27 AS RECORDED IN PLAT BOOK 7. PAGE. '1:7' O,.THE
PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. lYING IN SECTION 14. TOWNSHIP 49 SOUTH,; RkNGE.26"EAST.
COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. ,.... . .( . '.
.\- ".,
THE SOUTH 60 FEET OF THE NORTH 90 FEET OF THE WEST 75
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR, COLLIER COUNn' GOVERNMENT BOARD
o
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I
60
I
, .
FEET OF SAID TRAJAT 06. /i A
XCt !()/3,,(r;t'
160 8'1' ,,'
I ICHAEL A WARD, PROFEsstdl'/Al'LAND SURVEYOR
FLORIDA REGISTRATION CE:RTIFIC40TE NO. 5301
SIGNING DATE:
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
CONTAINING 4,500 SQUARE FEET, MORE OR LESS.
SCALE: 1 "=80'
OF COUNn' COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL I21RDUE
COLLIER COUNTY, FLORIDA
JOB NUMBER
050106.00.01 0001
SCALE
1" - 80'
DATE
APR, 2007
D\lTA rnc'~n
CONSULTING CivilEngioeering
.&. '-, ,.I.. ... SW'V"",,, & Mappmg
6610 Willow Park Drive, Suite 200
Naples, Florida 34109
Phone: (239) 597-0575 FAX: (239) 597-0578
lBNo.:6952
FILE NAME
UN27 SK121RDUE
SHEET
OF 1
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51+00
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PROPOSED ROADWAY
EASEMENT PARCEL 122RDUE
4,500 SQ. FT.
s
TRACT 125
TRACT 106
GOLDEN GATE ESTATES
UNIT 27
PLAT BOOK 7, PAGE 17
EAST 75' OF
WEST 150' OF
TRACT 106
WILLIAMS
OR 1277/409
TREISSA & DIEZ
OR 4045/2554
NADonl
OR 2213/1832
OR = OFFICIAL RECORDS (BOOK/PAGE)
kXxXx>1
r//~
PROPOSED ROADWAY, DRAINAGE. AND UTILITY EASEMENT (ROUE)
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE
OF THE PUBLIC PER PLAT BOOK 7, PAGE 17
PERPETUAL, NON-EXCLUSIVE
ROAD RIGHT-OF-WAY, DRAINAGE
AND UTILITY EASEMENT
LEGAL DESCRIPTION FOR PARCEL 122RDUE
A PORTION OF TRACT 106. GOLDEN GATE ESTATES. UNIT 27 AS RECORDED IN PLAT BOOK 7, PflGE;.17'OP'THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LYING IN SECTION 14. TOWNSHIP 49 SOUTH. RI\N'GE ..26 EAST"
COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. ..' ... ...", i"
',: : ('; ~,;,
THE SOUTH 60 FEET OF THE NORTH 90 FEET OF THE EAST 75 FEET OF THE WEST 150 FEET;GF SIIID'TRACT 1 Q6.
o
I
./U/Jik;:w./
MICHAEL A. WARD. PROFESSIONAL LAND SURVEYOR
FLORIDA REGISTRATION CERTIFICATE NO. 5301
SIGNING DATE:
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
CONTAINING 4.500 SQUARE FEET, MORE OR LESS.
40
I
80
180
I
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT
SCALE: 1"=80'
BOARD OF COUNTY COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL I22RDUE
COLLIER COUNTY, FLORIDA
D\lTA INC~on
CONSULTING CivilEngineering
.... ...., U.. ..... Swv,yIDg & Mapping
6610 Willow Park Drive, Suite 200
Naples. Florjda34109
Phone: (239) 597.0575 FAX: (239) 597-0578
LB No.: 6952
FILE NAME
UN27 SK 122RDUE
JOB NUMBER
050106.02.00 0006
SCALE
1" ~ 80'
SHEET
OF 1
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Page 5'1' of ((:3
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PROPOSED ROADWAY
EASEMENT PARCEL 123RDUE
10,800 SQ. FL
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TRACT 106
GOLDEN GATE ESTATES
UNIT 27
PLAT BOOK 7, PAGE 17
...
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TREISSA & DIEZ WILLIAMS
OR 4045/2554 OR 1277/409
EAST lBO'
TRACT 106
NADOTTl
OR 2213/1B32
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AND UT/UTY EASEMENT
lXxX)j
r//~
PROPOSED ROADWAY, DRAINAGE. AND UTILITY EASEMENT (RDUE)
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE
OF THE PUBLIC PER PLAT BOOK 7. PAGE 17
LEGAL DESCRIPTION FOR PARCEL 123RDUE
.' I ' . ~: . . " "
A PORTION OF TRACT 106, GOLDEN GATE ESTATES. UNIT 27 AS RECORDED IN PLAT BOOK 7.JpAGE U'.OF THE',
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 14. TOWNSHIP 49 SOUTfl/ I.lANGE:A'6 EAST. '.
COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. ; {, '
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT
:i- :
THE SOUTH 60 FEET OF THE NORTH 90 FEET OF THE EAST 180 FEET OF SAID TRjAACT 106. " "'" ,; {' "
CONTAINING 10,800 SQUARE FEET, MORE OR LESS. ~Jlr{/~'~
o 40 80 160 BY . ';
I I I MICHAEL A. WARD, PROFESSIONAL U,ND SURVEYOR
, FLORIDA REGISTRATION CERTifiCATE NO. 5301
SIGNING DATE:
NOT VALID WITHOUT THE ORIGINAL SIGNATURE ok RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
SCALE: 1"=80'
BOARD OF COUNTY COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL I23RDUE
COLLIER COUNTY, FLORIDA
JOB NUMBER
J50106.02.00 0006
D\lTA INC.=.on
CONSULTING Civil~n-ti"8
..... ....., , ..... .a. SwvoyIDg & Mepp;ng
6610 Willow Park Drive, Suite 200
Naples; Florida 34109
Phone: (239) 597~0575 FAX; (239) 597"0578
lBNo.:6952
SCALE
1" ~ 80'
DATE
8-23-07
FILE NAME
UN27 SK123RDUE
SHEET
OF 1
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GOLDEN GATE ESTATES
UNIT 27
PLAT BOOK 7, PAGE 17
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TRACT 126
DEL RISCO
OR 4069/1417
TUMBLESON & ERWIN
OR 3727/2324
EAST 180' OF TRACT 105
PRUITI
OR 2597/1365
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OR 2653/2228
PROPOSED ROADWAY
EASEMENT PARCEL 124RDUE
10,800 SQ. FT.
46+0
47+00
+00
49+00
,-
WHITE BOULEVARD
OR = OFFICIAL RECORDS (BOOK/PAGE)
PERPETUAL, NON-EXCLUSIVE
ROAD RIGHT-OF-WAY, DRAINAGE
AND unUTY EASEMENT
lXxX)j
r//~
PROPOSED ROADWAY, DRAINAGE. AND UTILITY EASEMENT (RDUE)
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE
OF THE PUBLIC PER PLAT BOOK 7. PAGE 17
LEGAL DESCRIPTION FOR PARCEL 124RDUE
,....
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR; COLLIER COUNTY GOVERNMENT
A PORTION OF TRACT 105. GOLDEN GATE ESTATES. UNIT 27 AS RECORDED IN PLAT BOOK 7;, P,':G[ 1-'7 OF ,THE.
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTIONS 11 AND 14, TOWNSHIP 'il-?" (S.OUW; RANGE 25
EAST. COLLIER COUNTY. FLORIDA BEING MORE PARTICLlLARLY DESCRIBED AS FOLLOWS. . ," ,(, .
,'i'
THE NORTH 50 FEET OF THE SOUTH 90 FEET OF THE EAST 180 FEET OF SAID TRA~T 1 OS,! }:A'l V'
CONTAINING 10.800 SQUARE FEET, MORE OR LESS. ~ (.k(t:i/o 7
o 40 80 160 BY
I I I CHAEL A WARD PROFESSIONAL LAND SURVEYOR
I FLORIDA REGISTRATION CERTIFICATE NO. 5301
SIGNING DATE:
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
SCALE: 1"=80'
BOARD OF COUNTY COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF; PROPOSED RIGHT OF WAY
PARCEL 124RDUE
COLLIER COUNTY, FLORIDA
JOB NUMBER
050105.00.01 0001
SCALE
1" = 80'
DlXT ^ lNC'~='on
CONSULTING Civil Engineering
.&. "" ,.... .1 Surveying & Mapping
6610 Willow Park Drive, Suite 200
Naples, Florida 34109
Phone: (239) 597.0575 FAX: (239) 597-0578
LB No.: 6952
FILE NAME
UN27 SK124RDUE
SHEET
OF 1
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Page 4( of I ( ,,?
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TRACT 105
GOLDEN GATE ESTATES
UNIT 27
PLAT BOOK 7, PAGE 17
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TRACT 126
DEL RISCO
OR 4069/1417
E 7S' OF W lSD' OF
TRACT 1 OS
TUMBLESON & ERWIN
OR 3727/2324
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ROJAS
OR 2653/2228
PRUITT
OR 2597/1365
PROPOSED ROADWAY
EASEMENT PARCEL 12SRDUE
4,500 SQ. FT.
40+0
47+00
+00
50+00
51+00
WHITE BOULEVARD
k>YV1
I//~
PROPOSED ROADWAY, DRAINAGE, AND UTILITY EASEMENT
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL
OF THE PUBLIC PER PLAT BOOK 7, PAGE 17
LEGAL DESCRIPTION FOR PARCEL 12SRDUE
(ROUE)
USE
PERPETUAL, NON-EXClUSIVE
ROAD RIGHT -oF-WW, DRAINAGE
AND UnUTY EASEMENT
OR = OFFICIAL RECORDS (BOOK/PAGE)
A PORTION OF TRACT 105. GOLDEN GATE ESTATES. UNIT 27 AS RECORDED IN PLAT BOOK 7" PA(>E '17' OF. THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTIONS 11 AND 14. TOWNSHIP.4g,'sOUTH. RANGE 26
EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. ,,'
THE NORTH 6D FEET OF THE SOUTH 9D FEET OF THE EAST 75 FEET OF THE WEST 1
o 40 80
SKETCH & DESCRIPTION ONLY I
NOT A BOUNDARY SURVEY SCALE, 1"~80'
FOR, COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS
160
I
D\lTA INC.~wJ..on
CONSULTING QvilBnginccrlng
.L "'" 'A.. ... Surveying & Mapping
6610 Willow Park Drive, Suite 200
Naples,Florlda34109
Phone: {239) 597-0575 FAX: (239) 597-0578
LB No.: 6952
FILE NAME
UN27 SK125RDUE
SHEET
OF 1
CONTAINING 4.500 SQUARE FEET. MORE OR LESS.
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 125RDUE
COLLIER COUNTY, FLORIDA
JOB NUMBER
050106.00.01 0001
SCALE
1" = 80'
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TRACT 105
GOLDEN GATE ESTATES
UNIT 27
PLAT BOOK 7, PAGE 17
TRACT 126
DEL RISCO
OR 4069/1417
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OR 3727/2324
WEST 75' OF
TRACT 105
ROJAS
OR 2653/2228
PRUITT
OR 2597/1365
PROPOSED ROADWAY
EASEMENT PARCEL 126RDUE
4,500 SQ, FT.
46+0
47+00
49+00
50+00
51+00
WHITE BOULEVARD
IXxX)j
r//~
PROPOSED ROADWAY. DRAINAGE. AND UTILITY EASEMENT
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL
OF THE PUBLIC PER PLAT BOOK 7. PAGE 17
LEGAL DESCRIPTION FOR PARCEL 126RDUE
(ROUE)
.USE
PERPETUAL, NON-EXCLUSIVE
ROAD RIGHT~F-wAY, DRA.lNAGE
AND UTILITY EASEMENT .
OR = OFFICIAL RECORDS (BOOK/PAGE)
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUN1Y GOVERNMENT
A PORTION OF TRACT 105, GOLDEN GATE ESTATES, UNIT 27 AS RECORDED IN PLAT BOOK 7.,'P~~E'17'OF:.THE
PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, LYING IN SECTIONS 11 AND 14. TOWNSHIP 49"SOUTH. RANGE 26
EAST. COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. r: ... <> c:) .' '.
", J : \ ',: (')
THE NORTH 60 FEET OF THE SOUTH 90 FEET OF THE WEST 75 FEET OF SAID TRA([}LCD5 : I' Ii}.i '
CONTAINING 4.500 SQUARE FEET. MORE OR LESS. .I.J!;J./;.,: 11~4~
o 40 80 160 BY ..'
I I MICHAE;L A. WARD, PROFESSlCl~At 'LAND SURVEYOR
I I FLORIDA REGISTRATION CERTIFlqAl!EINO. 5301
SIGNING DATE:, .oj,'
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
SCALE: 1"=80'
BOARD OF COUN1Y COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 126RDUE
COLLIER COUNTY, FLORIDA
JOB NUMBER
050106.00.01 0001
SCALE
1" = 80'
D'lT^m"~n
CONSULTING CivilEngincering
.... '-, u.. .... s.....yWg & Mapping
6610 Willow Park Drive, Suite 200
Naples, Florida 34109
Phone: (239) 597-0575 FAX: (239) 597-0578
lBNo.:6952
FILE NAME
UN27 SK126RDUE
SHEET
OF 1
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TRACT 126
GOLDEN GATE ESTATES
UNIT 27
PLAT BOOK 7, PAGE 17
TRACT 1 5
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RODRIGUEZ
OR 2700/2776
EAST 180'
TRACT 126
DEL RISCD
OR 4069/1417
PROPOSED ROADWAY
EASEMENT PARCEL 127RDUE
10,800 SQ. FT.
+00
49+00
50+00
45+00
WHITE BOULEVARD
K>V1
r//~
PROPOSED ROADWAY, DRAINAGE, AND UTILITY EASEMENT
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL
OF THE PUBLIC PER PLAT BOOK 7. PAGE 17
(RDUE)
USE
PERPETUAL, NON-exCLUSIVE
ROAD RIGHT-oF-wAY, DRAINAGE
N<<) UTIUTY EASEMENT
OR = OFFICIAL RECORDS (BOOK/PAGE)
LEGAL DESCRIPTION FOR PARCEL 127RDUE
....,J I'
A PORTION OF TRACT 126. GOLDEN GATE ESTATES. UNIT 27 AS RECORDED IN PLAT BOOK 7"PAGJ;:. '1'7' Of "THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTIONS 11 AND 14. TDWNSHIP, 4g"SOUTH. RANGE 26
EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. ,. :' / r:i r r
; : ( (')
THE NORTH 60 FEET OF THE SOUTH 90 FEET OF THE EAST 180 FEET OF SAID TRACT 12'6.:,' If) J .
CONTAINING 10,800 SOUARE FEET, MORE OR LESS. ~.\ \'~:~//rJ :~V.f~/o7
o 40 BO 160 BY -;w ~ .~
I I Ie El A WARD, P.ROFES31I!lMI\1.... rAND SURVEYOR
SKETCH & DESCRIPTION ONLY I FLORIDA REGISTRATION CERTIFICATE NO. 5301
NOT A BOUNDARY SURVEY SCALK l"~BD' SIGNiNG DATEr ;'
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS ~o~L6~~6~ ~~~I~~JR~~Ep~6~~~~\o~~~N~1~~~RR~~DEDMf~~~R~SED SEAL OF
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 127RDUE
COLLIER COUNTY, FLORIDA
JOB NUMBER
050106.00.Q1 0001
SCALE
1" ~ 80'
DlXTA INC.=.on
CONSULTING CivilEnginee:ring
.&. ...., ,... .JI.. S""',,..,. & Mewiog
6610 WiUow Park Drive, Suite 200
Naples, Florida 34109
Phone: (239) 597-0575 FAX: (239) 597-0578
LBNo.: 6952
FILE NAME
UN27 SK 127RDUE
SHEET
OF 1
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TRACT 1 27
TRACT 126
GOLDEN GATE ESTATES
UNIT 27
PLAT BOOK 7. PAGE 17
WEST 150' OF
TRACT 126
RODRIGUEZ
OR 2700/2776
WESTBY
OR 2335/2773
DEL RISCO
OR 4069/1417
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PROPOSED ROADWAY
EASEMENT PARCEL 128DUE
9,000 SQ. FT.
43+00
44+00
47+00
4 +00
WHITE BOULEVARD
p<)<)j
I//~
PROPOSED ROADWAY. DRAINAGE. AND UTILITY EASEMENT (ROUE)
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE
OF THE PUBLIC PER PLAT BOOK 7, PAGE 17
LEGAL DESCRIPTION FOR PARCEL 128RDUE
PERPETUAL, NON-EXCLUSlVE
ROAD R'GHT-<lF-wAY, ORAIN.6.GE
AND UTIUTY EASEMENT
OR ~ OFFICIAL RECORDS (BOOK/PAGE)
A PORTION OF TRACT 126. GOLDEN GATE ESTATES. UNIT 27 AS RECORDED IN PLAT BOOK 7. PAGE 17 OF THE
PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTIONS 11 AND 14. TOWNSHIP 49 SOUTH: RANGE 26
EAST. COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. .',...,."..,.
THE NORTH 60 FEET OF THE SOUTH 90 FEET OF THE WEST 150 FEET OF SAID TRACT 126. "
/ .:
.'
" :
o'
("I',
t:) ,
CONTAINING 9.000 SQUARE FEET, MORE OR LESS.
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUN1Y GOVERNMENT BOARD
o
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I
80
I
180
I
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. . , . . , ' ~
8'1':
1.11 AEL A. WARD, PROFESSIONAL LAND SURVEYOR
FLORIDA REGISTRATION CERTIFICATE NO. 5301
SIGNING DATE;
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
SCALE: 1"=:80'
OF COUN1Y COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 128RDUE
COLLIER COUNTY, FLORIDA
JOB NUMBER
050106.02.00 0006
SCALE
1" ~ 80'
OATE
8-23-07
D'XT^INC~on
CONSULTING Civil~
..&. "" '.L ..a. SUIVeying & Mapping
6610 Willow Park Drive, Suile 200
Naples, Florida 34109
Phone: (239) 597-0575 FAX: (239) 597-0578
LBNo.:6952
FILE NAME
UN27 SK 128RDUE
SHEET
OF 1
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EXHiBIT A
Page 4~of I(j
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TRACT 127
GOLDEN GATE ESTATES
UNIT 27
PlAT BOOK 7, PAGE 17
TRACT 126
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EAST 1 80' OF
TRACT 127
WESTBY
OR 2335/2773
KLINGENSMITH
OR 1023/1210
RODRIGUEZ
OR 2700/2776
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PROPOSED ROADWAY
EASEMENT PARCEL 129RDUE
10,800 sa, FT.
45+00
46+0
47.
1+00
42+
WHITE BOULEVARD
OR = OFFICIAL RECORDS (BOOK/PAGE)
fXxX)j
r//~
PROPOSED ROADWAY. DRAINAGE, AND UTILITY EASEMENT
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL
OF THE PUBLIC PER PlAT BOOK 7. PAGE 17
LEGAL DESCRIPTION FOR PARCEL 129RDUE
(ROUE)
USE
PERPETUAL, NON-EXCLUSIVE
ROAD RIGHT-OF-WAY, DRAINAGE
ANO ur/UTY EASEMENT
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR, COLLIER COUNTY GOVERNMENT
A PORTION OF TRACT 127. GOLDEN GATE ESTATES, UNIT 27 AS RECORDED IN PlAT BOOK 7. PAGEl? 9F THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LYING IN SECTIONS 11 AND 14, TOWNSHIP 49 SOUTH: ~~mGE 26
EAST. COLLIER COUNTY, FLORIDA BEING MORE PARTICUlARLY DESCRIBED AS FOLLOWS. . .'". '..,
"~. .G':<~
~. J:" .': ".)
: il U).J.
;tal! ~:. .1":;/.';1~.;~7
')!t(;Ar;::u~"l:."
BY:
MICHAEL A. WARD.,' PROFESSIONAL lANai SURVEYOR
FLORIDA REGISTRATION CERTIFICATE NO. 5301
SIGNING DATE:
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
THE NORTH 60 FEET OF THE SOUTH 90 FEET OF THE EAST 180 FEET OF SAID TRACT 127.
"
CONTAINING 10.800 SQUARE FEET. MORE OR LESS.
o
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40
BO
160
I
SCALE: 1 "=80'
BOARD OF COUNTY COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTlON OF: PROPOSED RIGHT OF WAY
PARCEL 129RDUE
COLLIER COUNTY, FLORIDA
JOB NUMBER
050106.02.00 0006
SCALE
1" = 80'
DATE
8-23-07
D\lTA 1N"~~oo
CONSULTING Civil~
.... "-, u.. .... Su<vcymg & MappWg
6610 Willow Park DrIve, Suite 200
Naples, Florida 34109
Phone: (239) 597-0575 FAX: (239) 597-0576
LBNo.:6952
FILE NAME
UN27 SK 129ROUE
SHEET
OF 1
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TRACT 148
TRACT 127
GOLDEN GATE ESTATES
UNIT 27
PLAT BOOK 7, PAGE 17
I I
EAST 75' OF WEST 150'
OF TRACT 127
KLINGENSMITH
OR 1023/1210
I
GOLBY JR ET UX
OR 404/221
WESTBY
OR 2335/2773
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PROPOSED ROADWAY
EASEMENT PARCEL 130RDUE
4,500 SQ. FT.
40+00
41+00
42+
43+00
44+00
45+00
OR ~ OFFICIAL RECORDS (BOOK/PAGE)
F BOULEVAF-
[>Y<)j
r//~
PROPOSED ROADWAY. DRAINAGE, AND UTILITY EASEMENT (ROUE)
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE
OF THE PUBLIC PER PLAT BOOK 7. PAGE 17
LEGAL DESCRIPTION FOR PARCEL 130RDUE
PERPETUAL, NON-EXCLUSIVE
ROAD RIGHT-OF-WAY, DRAINAGE
AND UTILITY EAsEMENT
CONTAINING 4.500 SQUARE FEET, MORE OR LESS.
A PORTION OF TRACT 127. GOLDEN GATE ESTATES. UNIT 27 AS RECORDED IN PLAT BOOK 7. PAGE 1 ~ OF THE
PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTIONS 11 AND 14, TOWNSHIP 49 SOUTH. RANGEc.Z6.
EAST. COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOllOWS. . ....... .'
. -' ,.~,-.. ,
THE NORTH 60 FEET OF THE SOUTH 90 FEET OF THE EAST 75 FEET OF THE WEST 150 FEET 'OF.,'SA(O 'T.RACT. 12'7.
i : (I ,cr) 0,
j h~.j;'i>f.~(P?
,lVfA-, . :,.........,
MICHAEL A WARD, PROFESSIONAL LAND" SURVEYOR
FLORIDA REGISTRATION CERTifiCATE NO. 5301
SIGNING DATE: . ,
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
o
I
40
I
80
I
160
,
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT
SCALE: 1"=60'
BOARD OF COUNTY COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 130RDUE
COLLIER COUNTY, FLORIDA
JOB NUMBER
:150106.02.00 0006
SCALE
1" ~ 80'
DATE
8-23-07
D'lTA lNC.~on
CONSULTING Ci.vil~
.&....., U.. .... Smve}ing&_
6610 Willow Park Drive, Suite 200
Naples, Fiorida34109
Phone: (239) S97-0575 FAX: (239) 597-0578
LBNo.:6952
FILE NAME
UN27 SK130RDUE
SHEET
OF 1
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TRACT 1 48
TRACT 127
GOLDEN GATE ESTATES
UNIT 27
PLAT BOOK 7. PAGE 17
I
WEST 75' OF TRACT 127
GOLBY JR ET UX
OR 404/221
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OR 1023/1210
WESTBY
OR 2335/2773
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PROPOSED ROADWAY
EASEMENT PARCEL 131RDUE
4,500 SQ. FT.
39+00
40+00
41+00
43+00
44+00
fIT oo"'T-
OR ~ OFFICIAL RECORDS (BOOK/PAGE)
kXxX)j
r//~
PROPOSED ROADWAY. DRAINAGE. AND UTILITY EASEMENT (RDUE)
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE
OF THE PUBLIC PER PLAT BOOK 7, PAGE 17
LEGAL DESCRIPTION FOR PARCEL 131 RDUE
PERPETUAL, NON-EXCLUSIVE
ROAD RIGHT-OF-wAY, D1WNAGE
AND UT'UTY EASEMENT
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT
A PORTION OF TRACT 127, GOLDEN GATE ESTATES. UNIT 27 AS RECORDED IN PLAT BOOK 7, PAGE 170F THE
PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTIONS 11 AND 14, TOWNSHIP 49 SOl)JH. RANGE 26
EAST. COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. ::. ;.:,....,'
,,'
THE NORTH 60 FEET OF THE SOUTH 90 FEET OF THE WEST 75 FEET OF SAID TRACT 127., ,'.' '/~.<' ;--;
, ',' (" i"')' ,.
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i!!:~'7/(.1
BY'. . ..........:;.
leHAEL A WARD. PRDFESSlONAL l!'ND SURVEYOR
FLORIDA REGISTRATION CERTIFICATE NO. 5301
SIGNING DATE:
NOT VAUD WITHOUT THE ORIGINAL SIGNATURE & RAISED ,EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
o
I
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I
60
I
160
I
CONTAINING 4.500 SQUARE FEET, MORE OR LESS.
SCALE: 1"=80'
BOARD OF COUNTY COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 131RDUE
COLLIER COUNTY. FLORIDA
JOB NUMBER
050106.02.00 0006
SCALE
," = 80'
DATE
8-23-07
D'XTA rnc.=.on
CONSULTING Civil~
.&. '-, ,.... .IL S"""yh>g & Mapp;ng
6610 Willow Park Drive, Suile 200
Naples, Florida 34109
Phone; (239) 597-0575 FAX; (239)597-0576
LBNo.:6952
FILE NAME
UN27 SK131ROUE
SHEET
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XHIBIT A
I age 4-? of I (]
s
TRACT 148
GOLDEN GATE ESTATES
UNIT 27
PLAT BOOK 7, PAGE 17
I
EAST 75' OF TRACT 146
CUELLAR
OR 3960/290
TRACT 127
JONES
OR 3880/276
NELSON
OR 3669/3282
PROPOSED ROADWAY
EASEMENT PARCEL 132RDUE
4,500 SQ. FT.
39+00
4
40+00
42+
43+00
OR = OFFICIAL RECORDS (BOOK/PAGE)
FE BOUL~f
PROPOSED ROADWAY, DRAINAGE, AND UTI LIT( EASEMENT
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL
OF THE PUBLIC PER PLAT BOOK 7. PAGE 17
(ROUE)
USE.
PERPETUAL, NON-EXCLUSIVE
ROAD RIGHT-OF-WAY, DIWNIIGE
AND UTILITY EASEMENT
LEGAL DESCRIPTION FOR PARCEL 132RDUE
A PORTION OF TRACT 148. GOLDEN GATE ESTATES. UNIT 27 AS RECORDED IN PLAT BOOK 7, PAGE 17 OF THE
PUBLIC RECORDS OF COLLIER COUNT(. FLORIDA. LYING IN SECTIONS 11 AND 14. TOWNSHIP 49 SOUTH. RANGE 25
EAST. COLLIER COUNT(. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. . .....,.
THE NORTH 50 FEET OF THE SOUTH 90 FEET OF THE EAST 75 FEET OF SAID TRACT 148.
o
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8yIW,. ,,,...,,'
MICHAEL A. WARD, PROFESSIONAL LAND' SURVEYOR
FLORIDA REGISTRATION CERTIFICATE ,NO.' 5301
SIGNING DATE:
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER
CONTAINING 4.500 SQUARE FEET, MORE OR LESS.
40
80
160
I
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT
SCALE; 1"=80'
BOARD OF COUNTY COMMISSIONERS
COLUER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 132RDUE
COLLIER COUNTY, FLORIDA
D'lTA INC.~on
CONSULTING Civil&gineerlng
.&. '-, J.I.. ..... Souve,mg & Moppmg
6610 Willow Park Drive, Suite 200
Naples, Florida 34109
Phone: (239) 597-0575 FAX: (239) 597-0578
lB No.: 6952
FILE NAME
UN27 SK132RDUE
JOB NUMBER
050106.0.00 0006
SCALE
1" = 80'
DATE
10-25-07
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TRACT 148
GOLDEN GATE ESTATES
UNIT 27
PLAT BOOK 7, PAGE 17
150
WEST 75' OF EAST 150' OF
TRACT 148
NELSON
OR 3669/3282
TRACT 127
JONES
OR 3880/276
CUELLAR
OR 3960/290
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4,500 SQ. FT.
38 00
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OR ~ OFFICIAL RECORDS (BOOK/PAGE)
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PROPOSED ROADWAY. DRAINAGE, AND UTILITY EASEMENT
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL
OF THE PUBLIc PER PLAT BOOK 7, PAGE 17
LEGAL DESCRIPTION FOR PARCEL 133RDUE
PERPETUAL, NON-EXCl.USJ\IE
ROAD RIGHT-OF-WAY, OJWIiiI>IIGE
AND UTILITY EASEMENT
(ROUE)
USE
A PORTION OF TRACT 148. GOLDEN GATE ESTATES. UNIT 27 AS RECORDED IN PLAT BOOK 7, PAGE 1 T OF THE
PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTIONS 11 AND 14. TOWNSHIP 49 SOUTH, RANGE 26
EAST. COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. . ....,..
THE NORTH 60 FEET OF THE SOUTH 90 FEET OF THE WEST 75 FEET OF THE EAST 150 FEET Of';S,AIP::TRACT 148.
. . "','" .' ,
'. .
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CONTAINING 4.500 SOUARE FEET. MORE OR LESS.
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BY "IeH" ~DC::FESS;;~A~' c:.;;';URVEYOR
FLORIDA REGISTRATION CERTIFICATE ,NO. . 5301
SIGNING DATE:
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
40
I
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160
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SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR; COLLIER COUNTY GOVERNMENT
SCALE: 1"=80'
BOARD OF COUNTY COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 133RDUE
COLLIER COUNTY, FLORIDA
J08 NUMBER
)50106.02.00 0006
D\XTA INC~~on
CONSULTING avil&gineeriug
.&. '-, '.L .... S""',""" & M>pping
6610 Willow Park Drive, Suite 200
Naples, Florida34109
Phone: {239) 597~0575 FAX: (239) 597-0578
LBNo.:6952
FILE NAME
UN27 SK 133RDUE
SCALE
1" ~ 80'
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10-25-07
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TRACT 148
GOLDEN GATE ESTATES
UNIT 27
PLAT BOOK 7, PAGE 17
150
Cl~
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JONES
OR 3880/276
NELSON
OR 3663/3282
TF
PROPOSED ROADWAY
EASEMENT PARCEL 134RDUE
10,800 SQ. FT.
CUELLAR
OR 3960/290
38
40+00
41+00
------
WHITE BOULEVARD
PROPOSED ROADWAY, DRAINAGE. AND UTILITY EASEMENT
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL
OF THE PUBLIC PER PLAT BOOK 7, PAGE 17
LEGAL DESCRIPTION FOR PARCEL 134RDUE
OR ~ OFFICIAL RECORDS (BOOK/PAGE)
M(j
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(RDUE)
USE
PERPETUAL, NON-EXCLUSIVE
ROAD RIGHT-OF-WAY, D1W~GE
AND UTlUTY EASEMENT
A PORTION OF TRACT 148. GOLDEN GATE ESTATES. UNIT 27 AS RECORDED IN PLAT BOOK 7, PAGE 17 OF THE
PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTIONS 11 AND 14. TOWNSHIP 49 SOUTH. RANGE 26
EAST. COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE NORTH 60 FEET OF THE SOUTH 90 FEET OF THE WEST 180 FEET OF SAID TRACT14~'"
,.,,,.,,
CONTAINING 1 0.800 SQUARE FEET, MORE OR LESS.
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR, COLLIER COUNTY GOVERNMENT
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BY: " ' ",."
MICHAEL A. WARD, pAOFElSSIOf4AL LAND SURVEYOR
FLORIDA REGISTRATION CERTiFICATE NO. 5301
SIGNING DATE:
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR ANO MAPPER.
60
I
SCALE: 1"=80'
BOARD OF COUNTY COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 134RDUE
COLLIER COUNTY, FLORlDA
SCALE
1" = 80'
DlX'A lNC.~.4.oo
CONSULTING Ci.vil~
.... ...., U.. .... S"""yiog at "'wing
6610 Willow Park Drive, Suite 200
Naples, Florida 34109
Phone: (239) 597-0575 FAX: (239)597-0578
LB No.: 6952
FILE NAME
UN27 SK134RDUE
JOB NUMBER
)50106.02.00 0006
SHEET
OF 1
DATE
8-23-07
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39TH S1REET "U "2
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10'
PROPOSED SLOPE
EASEMENT PARCEL 135SE
------------
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TRACT 150
GOLDEN GATE ESTATES
UNIT 27
PLAT BOOK 7, PAGE 17
TRACT 149
GOLDEN GATE ESTATES
UNIT 27
PLAT BOOK 7, PAGE 17
PROPOSEO ROADWAY
EASEMENT PARCEL 135RDUE
37.659 SQ_ FT.
WEBER BLVD
(AS MAINTAINED
RIGHT OF WAY)
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OR = OFFICIAL RECORDS (BOOK/PAGE)
660'(P)
lX0)j
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PROPOSED ROADWAY. DRAINAGE, AND UTILITY EASEMENT (RDUE)
fl-...&MI., NON-Excl.uSlVE
RlW) RlOHT.oF-wAY, DRAINAGE
AND unUTY EASEMENT
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE
PUBLIC PER PLAT BOOK 7, PAGE 17
LEGAL DESCRIPTION FOR PARCEL 135RDUE
A PORTION OF TRACT 150, GOLDEN GATE ESTATES. UNIT 27 AS RECORDED IN PLAT BOOK 7, PAGE 17 OF THE PUBLIC RECORDS OF
COWER COUN1Y, FLORIDA, LYING IN SECTION 14, TOWNSHIP 49 SOUTH. RANGE 2B EAST. COLLIER COUNTY, FLORIDA BEING MORE
PARTICUlARLY DESCRIBED PS FOLLOWS.
THE NORTH 60 FEET OF THE SOUTH 90 FEET OF SAID TRACT 150.
LESS AND EXCEPT;
THE WEST 60 FEET OF TRACT 150 (THAT PART BEING AN EXISTING ROADWAY EASEMENT PER TwFOREMENTIONED PLAT).
CONTAINING 37,659 SQUARE FEET, MORE OR LESS. ! ~ /11 _
o 40 80 160 ~.j, ~
SKETCH & DESCRIPTION ONLY I I .~=~~~~F'ESSlON~~cP ~~~~
NOT A BOUNDARY SURVEY SCALE, 1"-80' """'NO DA'" :If '1'-I!P'P>
FOR: COWER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS ~OT~: ~~I~UJR~Ep~~I~~Sl S1Y~~R~OED~"W&SSED SEAl. OF
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 135RDUE
COLLIER COUNTY, FLORIDA
SCALE
," = 80'
D'XTA=~
CONSULTING avn~
.... '-, 'A. .a. ~&~
6610 'MDow Plll'k Drive, Suite 200
Naples, Florida 34109
Phone: (239) 597..()575 FAX: {239} 597.{)576
LB No.: 6952
FILE NAME
UN27 SK135RDUE
JOB NUMBER
050106.00.01 0001
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PROPOSED SLOPE "2
EASEMENT PARCEL 135SE
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PERPETUAL NON-EXCLUSI E
SLOPE EASEMENT
CTl
TRACT 150
GOLDEN GATE ESTATES
UNIT 27
PLAT BOOK 7, PAGE 17
TRACT 1 49
KAYE HOMES, INC
OR 3764/2777
PROPOSED ROADWAY
EASEMENT PARCEL 135RDUE
WEBER BLVD
(I-S MAINTAINED
RIGHT OF WAY)
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PROPOSED ROADWAY. DRAINAGE, AND UTIUlY EASEMENT (RDUE)
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V//1
PROPOSED SLOPE EASEMENT
EXISTING RIGHT OF WAY DEOICATED TO THE PERPETUAL USE OF THE
PUBLIC PER PLAT BOOK 7. PAGE 17
LEGAL DESCRIPTION FOR PARCEL 135SE
A PORTION OF TRAGT 150. GOLDEN GATE ESTATES, UNIT 27 AS RECORDED IN PLAT BOOK 7, PAGE 17 OF THE PUBLIC RECORDS OF
COWER COUNlY, FLORIDA. LYING IN SECTION 14. TOWNSHIP 49 SOUTH. RANGE 26 EAST, COLLIER COUNlY, FLORIDA BEING MORE
PARTICUlARLY DESCRIBEO AS FOLLOWS.
THE EAST 10 FEET OF THE WEST 70 FEET OF SAID TRAcr 150,
LESS AND EXCEPT;
THE SOUTH 90 FEET OF TRACT 150.
40
160 iJJj}y
I MICHAEl A. WARD. PROFESSI~ lAND SURVEYOR
FLORIDA REt;llsrRA.T10~n T~ NO. 5301
SIGNING PATE: 7,1 01'
NOT VAUD WlTHollT Tl-lE ORIGINAL SI ruR~& RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL URVEYOR AND IotAPPER.
CONTAINING 2.397 SQUARE FEET. MORE OR LESS.
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SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY SCALE,'"-6O'
FOR: COLLIER COUNlY GOVERNMENT BOARD OF COUNlY COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED SLOPE EASEMENT
PARCEL 135SE
COLLIER COUNTY, FLORIDA
SCAlE
1. = 80'
D'lTA IN"=...
CONSULTING Civn~
..L ....., '.L .&. s..v.,mg.. MOppmg
6610 W1low Park Drive, SuJllt 200
Na~Ies. Florida 34109
PhOf1&: (239) 597-0575 FAX: (239) 597-0578
lS No.: 6952
FlLE NAME
UN27 SK135SE
JOB NUMBER
050106.00.Q1 0001
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TRACT 111
Ll
60' ROAD EASEMENT PER PLAT
FOR PERPETUAL PUBLIC USE
---1-_1
$
287+00
288+00
289+00
290+00
291+
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660'(P)
PINE RIDGE RD.
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PROPOSED RIGHT OF WAY
PARCEL 136FEE
4,157 SQ. Fl.
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OR 4140/1022 & 4295/1472
LESS OR 4140/1157
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- - -GOLDEN GATE ESTATES-
UNIT 26
PLAT BOOK 7 PAGE 15
660'(P)
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PORTION OF TRACTS 111 &
FIFTH THIRD BANK
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II
660'(P)
TRACT 1 1 2
OR = OFFICIAL RECORDS (BOOK/PAGE) FEE SIMPlE
P'V\(j PROPOSED RIGHT OF WAY INTEREST
[// I EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE
'- LI PUBLIC PER PLAT BOOK 7. PAGE 15 AND ROAD BOOK 2. PAGE 100
LINE TABLE
BEARING
S89'31 '35"W
SOO'02' 33" W
SOO'02'33"W
S89'31 '35"W
NOO'OO'02"W
N89'31'35"E
LINE
Ll
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L3
L4
L5
L6
LENGTH
386.43
75.00
20.00
207.87
20.00
207.89
LEGAL DESCRIPTION FOR PARCEL 136FEE
A PORTION OF TRACT 111. GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOK 7. PAGE 15 OF
THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 15. TOWNSHIP 49 SOUTH, RANGE
26 EAST, COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 111;
THENCE S.B9'31'35"W.. ALONG THE NORTH LINE OF SAID TRACT 111 FOR 3B6.43 FEET;
THENCE SOO'02'33"W" FOR 75.00 FEET TO A POINT ON THE SOUTH LINE OF AN EXISTING RIGHT OF WAY
EASEMENT AND THE POINT OF BEGINNING;
THENCE CONTINUE SOO'02'33"W.. FOR 20.00 FEET;
THENCE S89'31 '35"W" FOR 207.87 FEET;
THENCE NOO'OO'02"W., FOR 20.00 FEET TO A POINT ON THE SAID SOUTH LINE;
THENCE N89'31'35"E., ALONG SAID SOUTH LINE FOR 207.89 FEET TO THE POINT OF BEGINNING OF THE
PARCEL DESCRIBED HEREIN; J I J J I J /
CONTAINING 4.157 SOUARE FEET, MORE OR LESS. fIJ.}JJIr>>\../ .,/ J ~
SKETCH & DESCRIPTION ONLY 0 40 80 1610 8Y\.lICHAEl A. WARD, PROFESSIONAL LAN~lu:yo~
I FLORIDA REGISTRATION CERTIFICATE NO. 5301
NOT A BOUNDARY SURVEY SCALE: 1"=60' SIGNING DATE;
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS ~O;L6~~~ ~~~I~~~Ri~E p~~lri~~~o~~~N~0~~~YtR ~~DM~~~R~SED SEAL OF
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 136FEE
COLLIER COUNTY, FLORIDA
DlXTAINC.~
CONSULTING Civil~
........., '.I. .... _oyfug"-'
6610 WlIIow Park Drive, Suite 200
Naples, Florida 34109
Phooe;(239}597'0575 FAX; (239) 597.0578
lBNo.:6952
FILE NAME
UN26 SK136FEE
JOB NUMBER
050106.02.00 0006
SHEET
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OR 4140/1022
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GOLDEN GATE ESTATES
UNIT 26
PLAT BOOK 7 PAGE 15
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fXxXx>1 PROPOSED ROADWAY. DRAINAGE. AND UTILlT( EASEMENT (RDUE)
f/ / ~ EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF
PUBLIC PER PLAT BOOK 7, PAGE 15 AND ROAD BOOK 2. PAGE
S
TRACT 1 1 2
~~
ROAD RIGHT -CF-W,\y, DfWNAGE
AND UTiliTY EASEMENT
THE
100
LEGAL DESCRIPTION FOR PARCEL 137RDUE
A PORTION OF TRACT 107. GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOK 7. PAGE 15 OF THE
PUBLIC RECORDS OF COLLIER COUNT(. FLORIDA. LYING IN SECTION 15. TOWNSHIP 49 SOUTH. RANGE 26 EAST,
COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE SOUTH 20 FEET OF THE NORTH 95 FEET OF THE EAST 180 FEET OF SAID TRACT 107.
CONTAINING 3.600 SQUARE FEET. MORE OR LESS.
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR COLLIER COUNT( GOVERNMENT
o
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40
.
60
I
160
I
4!L _c__ ~'t:L:'
FLORIDA REGISTRATION CERTIFICATE NO. 5301
SIGNING DATE:
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
SCALE: 1 "=80'
BOARD OF COUNT( COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 137RDUE
COLLIER COUNTY, FLORIDA
JOB NUMBER
050106.02.00 0006
SCALE
1" ~ 60'
0\11 ^ 1NC~i=.tiOn
CONSULTING Civil Engineering
.&. ""' '.L ..a. Surveying & Mapping
6610 Willow Park Drive, Suite 200
Naples, Florida 34109
Phone: (239)597-0575 FAX: (239)597.0578
LB No.: 6952
FILE NAME
UNZ6 SK137RDUE
SHEET
OF 1
JOB NUMBER
050106.0200 0006
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COLLIER BOULEVARD
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0'11 ^ INC~i=atiOn
CONSULTING CivilEngiueering
.&. "" ,.... .... Surveying & Mapping
6610 Willow Park Drive. Suite 200
Naples, Florida 34109
Phone: (239) 597-0575 FAX: (239) 597-0578
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COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
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CONTAINING 1.500 SQUARE FEET. MORE OR LESS.
.M)Jj//VldVl
MICHAEL A. WARD. PROFESSIONAL LAND SURVEYOR
FLORIDA REGISTRATION CERTIFICATE NO. 5.301
SIGNING DATE;
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A FLORIOA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
20'
TRACT 107
GOLDEN GATE ESTATES
UNIT 26
PLAT BOOK 7 PAGE 15
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COLLIER COUNTY, FLORIDA
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..L '-, ,.... ... Surveying & Mapping
6610 Willow Park Drive, Suite 200
Naples, Florida 34109
Phone: (239) 597-0575 FAX: (239) 597-0578
LB No.: 6952
FILE NAME
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TRACT 96
GOLDEN GATE ESTATES
UNIT 26
PLAT BOOK 7 PAGE 15
jJ)Jd IZfr,("
MICHAEL A. WARD, PROFESSIONAL LAND SURVEYOR
FLORIDA REGISTRATION CERTIFICATt: NO. 5301
SIGNING DATE:
o 40 80
SKETCH & DESCRIPTION ONLY I I I
NOT A BOUNDARY SURVEY SCALE, 1"~80'
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS
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PARCEL I40RDUE
COLLIER COUNTY. FLORIDA
JOB NUMBER
050106.02.00 0006
DlXT ^ mC~~tion
CONSULTING Civil Engineering
.&. ~, '.L ... Surveying & Mapping
6610 Willow Park Drive, Suite 200
Naples, Florida 34109
Phone: (239)597-0575 FAX: (239)597-0578
LB No.: 6952
FILE NAME
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COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE SOUTH 20 FEET OF THE NORTH 95 FEET OF THE WEST 7S FEET OF THE EAST 150 FEET OF SAID TRACT 96
CONTAINING 1.500 SQUARE FEET, MORE OR LESS.
M j/JJ1~1f71."
MICHAEL A. WARD, PROFESSIONAL LAND SURVEYOR
FLORIDA REGISTRATION CERTIFICATE NO, 5301
SIGNING DATE;
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR, COLLIER COUNTY GOVERNMENT
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D'11 A INC~='tion
CONSULTING Civil Engineering
.&. ....., ,.I... .... Surveying & Mapping
6610 Willow Park Drive, Suile 200
Naples, Florida 34109
Phone: (239) 597.0575 FAX: (239) 597-0578
LB No.: 6952
FILE NAME
UN26 5K141RDUE
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 141RDUE
COLLIER COUNTY. FLORIDA
JOB NUMBER
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PERPETUAL, NON-EXCLUSllJE
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LEGAL DESCRIPTION FOR PARCEL 142RDUE
A PORTION OF TRACT 96, GOLDEN GATE ESTATES, UNIT 26 AS RECORDED
RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 15, TOWNSHIP
COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
IN PLAT BOOK 7. PAGE"15;Or THE PUBLIC
49 SOUTH. RANGE 26 EAST. COLLIER
,..-' -'!
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COLLIER COUNTY, FLORIDA
JOB NUMBER
)50106.02.00 0006
80
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BY; , ';.',"'...... frl". ,
MICHAEL A WARD, PROFESSIONAlI.1l'AND SURVEYOR
FLORIDA REGISTRATION CERTIFICATE NO. 5JO'1'
SIGNING DATE: " II':.!
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROfESSIONAL SURVEYOR AND MAPPER.
160
I
SCALE
1" ~ 80'
D'lTA INC.=.on
CONSULTING Civil~
... ...., , .... .... SmveyiDg & MOpp;ng
6610 Willow Park Drive, Suite 200
Naples, Florida 34109
Phone: (239) 597-0575 FAX: (239) 597-0578
LBNo.:6952
FILE NAME
UN26 SK142RDUE
SHEET
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THE
100
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LEGAL DESCRIPTION FOR PARCEL 143RDUE
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RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTIONS 10 AND 15. TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE NORTH 20 FEET OF THE SOUTH 95 FEET OF THE EAST 180 FEET OF SAID TRACT 94 AND THE NORTH 20 FEET
OF THE SOUTH 95 FEET OF THE EAST 75 FEET OF THE WEST 150 FEET OF SAID TRACT 94.
CONTAINING 5.100 SQUARE FEET. MORE DR LESS.
o 40 80
SKETCH & DESCRIPTION ONLY I I
NOT A BOUNDARY SURVEY SCALE. 1'=60'
FOR; COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS
160
,
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MICHAEL A. WARD, PROFESSIONAL LAND SURVEYOR
FLORIDA REGISTRATION CERTIFICATE NO. 5301
SIGNING DATE;
NOT VALID WITHOUT lHE ORIGINAL SIGNATURE &; RAISEO EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR ANO t.lAPPER.
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 143RDUE
COLLIER COUNTY, FLORIDA
JOB NUMBER
050106.02.00 0006
SCALE
1" ~ 80'
D'lT^lNC~
CONSULTING aw~
.A. '-, '.L .... ......,.,. & M>pping
6610 Willow Park Drive, Suite 200
Naples,FJorlda34109
Phone: (239) 597-0575 FAX: (239) 597.0578
LB No.: 6952
FilE NAME
UN26 SK 1 43RDUE
SHEET
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SOUTH LINE SECTION 10[
NORTH YNE SECTRIOA~G~ \6 EAST
49 SOUTH, I
TOWNSHIP EXHIBIT !
Page 6 I of II..?
-
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TRACT 95
GOLDEN GATE ESTATES
UNIT 26
PLAT BOOK 7 PAGE 15
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WEST 180' OF TRACT 95
CHRISllANSEN JRTR
DANCA TR
WMBS&P PTRUST
OR 1474/1549
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TRACT 108
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PROPOSED ROADWAY
EASEMENT PARCEL 144RDUE
5,100 SQ. FT.
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283+00
284+00
28 +00
PINE RIDGE RD.
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OR = OFFICIAL RECORDS (BOOK/PAGE)
p<)<)j PROPOSED ROADWAY. DRAINAGE AND UTILITY EASEMENT (RDUE)
r/ / ~ EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE
PUBLIC PER PLAT BOOK 7, PAGE 15 AND ROAD BOOK 2, PAGE 100
PERPETUAL, NON-EXCLUSIVE
ROAD RIGHT-OF-WAY, DRAINAGE
AND UTILITY EASEMENT
LEGAL DESCRIPTION FOR PARCEL 144RDUE
A PORTION OF TRACT 95, GOLDEN GATE ESTATES, UNIT 26 AS RECORDED IN PLAT BOOK 7. PAGE 15 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTIONS 10 AND 15. TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE NORTH 20 FEET OF THE SOUTH
TOGETHER WITH;
THE NORTH 20 FEET OF THE SOUTH
95 FEET OF THE WEST 75 FEET OF EAST 150 FEET OF SAID TRACT 95.
95 FEET OF THE WEST 180 FEET OF SAID TRACT 95
.',...."
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR, COLLIER COUNTY GOVERNMENT
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BY, CHAEL A. WA~D, '~;D"~SIONAC LAND 'DR";DR
FLORIDA REGISTRATION,' CERTIFICATE' NO.' 5301
SIGNING DATE:
...!
NOT VALID WITHOUT THE ORIGINAL' SIG'NATURE &. RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSlpNAl SURVEYOR AND MAPPER.
CONTAINING 5.100 SQUARE FEET. MORE OR LESS.
SCALE: 1"=80'
BOARD OF COUNTY COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 144RDUE
COLLIER COUNTY, FLORIDA
JOB NUMBER
)50106.02.00 0006
SCALE
1" = 80'
DATE
10-24-07
D\lTA 1N"~on
CONSULTING Civil~
.... ....., , .... .... s.m.y;.g & MOpping
6610 Willow Park Drive, Sulle 200
Naples, Florida 34109
Phone: (239) 597-0575 FAX: (239) 597-0578
LB No.: 6952
FILE NAME
UN26 SK144RDUE
SHEET
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TH LINE SECTION 101
SOU -+-
NORTH LINE SECTION 1 S, EAST
, RANGE 26
TOWNSHIP 49 SOUTH.
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XHIBIT rl
age (.J- of J
s
TRACT 95
GOLDEN GATE ESTATES
UNIT 26
PLAT BOOK 7 PAGE 15
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DANCA TR
WMBS&P PTRUST
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TRACT 108
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PROPOSED ROADWAY
EASEMENT PARCEL 145RDUE
1,500 SQ. FT.
20'
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----0-
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284+00
28 +00 286+1
T
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PINE RIDGE RD.
OR = OFFICIAL RECORDS (BOOK/PAGE)
IXxXx>j PROPOSED ROADWAY, DRAINAGE ANO UTILITY EASEMENT (RDUE)
f/ / ~ EXISTING RIGHT OF WAY OEDICATED TO THE PERPETUAL USE OF THE
PUBLIC PER PLAT BOOK 7. PAGE 15 AND ROAD BOOK 2, PAGE 100
PERPETUAL, NON-exCLUSIVE
ROAD RIGHT-OF-WAY, DRAINAGE
AND UTIUTY EASEMENT
LEGAL DESCRIPTION FOR PARCEL 145RDUE
A PORTION OF TRACT 95. GOLDEN GATE ESTATES, UNIT 26 AS RECORDED IN PLAT BOOK 7, PAGE 15 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA. LYING IN SECTIONS 10 AND 15. TOWNSHIP 49 SOUTH. RANGE 26 EAST.
COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOllOWS.
THE NORTH 20 FEET OF THE SOUTH 95 FEET OF THE EAST 75 OF EAST 150 FEET OF SAID TRACT,O,5I.
"', ,.....,
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FLORIDA REGISTRATION CERTIFICATE' N@.',5jOl ._,."
SIGNING DATE;' " . l
CONTAINING 1.500 SQUARE FEET, MORE OR lESS.
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT BOARD
o
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40
I
80
160
I
SCALE: 1"=80'
OF COUNTY COMMISSIONERS
NOT VALID WJTHOUT THE ORIGINAL SIGNATURE &:' RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR' AND MAPPER.
JOB NUMBER
lS0106.02.00 0006
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 145RDUE
COLLIER COUNTY, FLORIDA
SCALE
1" ~ 80'
DlX'A INC'~~on
CONSULTING Civil~
........, u.. ..... s"",.,.mg&MippWg
6610 Willow Park Drive, Suite 200
Naples. Florida 34109
Phone: (239) 597-0575 FAX; (239) 597-0578
LBNo.:6952
FILE NAME
UN26 SK 145RDUE
SHEET
OF 1
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SOUTH LINE SECTION 10
E SECTION 15
NORTH LlN ANGE 26 EAST
OWNSHIP 49 SOUTH. R
EXHIBIT A
Page G J' of...Ll2..
TRACT 109
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GOLDEN GATE ESTATES
UNIT 26
PLAT BOOK 7 PAGE 15
TRACT 95
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SMITH
OR 3625/1590
PATTERSON
OR 2872/3380
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PROPOSED ROADWAY
EASEMENT PARCEL 146RDUE
3,000 SQ. FT.
286+00
287+00
288+00
1-
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1-
PINE RIDGE RD.
OR = OFFICIAL RECORDS (BOOK/PAGE)
kXxX)j PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (ROUE)
[// I EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE
- ,j PUBLIC PER PLAT BOOK 7, PAGE 15 AND ROAD BOOK 2. PAGE 100
LEGAL DESCRIPTION FOR PARCEL 146RDUE
PERPETUAL, NON-EXCLUSIVE
ROAD RIGHT-OF_WAY, DRAINAGE
AND UTIUTY EASEMENT
A PORTION OF TRACT 108. GOLDEN GATE ESTATES. UNIT. 26 AS RECORDED IN PLAT BOOK 7. PAGE 15 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LYING IN SECTIONS 10 AND 15, TOWNSHIP 49 SOUTH. RANGE 26
EAST. COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
CONTAINING 3.000 SOUARE FEET. MORE OR LESS.
"""'. '
THE NORTH 20 FEET OF THE SOUTH 95 FEET OF THE WEST 150 FEET OF SAID TRACT 108. /", '.
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.
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT
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160
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B\lct~ ~ROFESSIONAL LANa SURVEYOR
FLORIDA REGISTRATION CERTIFICATE NO. 5301
SIGNING DATE:
NOT VALID WITHOUT THE ORIGINAL SIGNATURE &: RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
SCALE: 1"=80'
BOARD OF COUNTY COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 146RDUE
COLLIER COUNTY, FLORIDA
JOB NUMBER
)50106.02.00 0006
SCALE
1" ~ 80'
DATE
8-23-07
DlXTA U<C'~OD
CONSULTING Civil~
..&. '-, '.I.. .... s"""yIDg & Mopping
6610 Willow Park Drive, Suite 200
Naples, FlorJda34109
Phone; (239) 597-0575 FAX; (239) 597-0578
LB No,: 6952
FILE NAME
UN26 SK146RDUE
SHEET
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ORTH LINE SECTION 15 EAST
N RANGE 26
OWNSHIP 49 SOUTH.
;~~'Bjr of ~ ~~
TRACT 109
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GOLDEN GATE ESTATES
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PLAT BOOK 7 PAGE 15
TRACT 95
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108
TRACT 1 1 0
108
283+00
284+00
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PROPOSED ROADWAY
EASEMENT PARCEL 147RDUE
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r/ / ~ EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE
PUBLIC PER PLAT BOOK 7. PAGE 15 AND ROAD BOOK 2. PAGE 100
PERPETUAL, NON-EXCLUSIVE
ROAD RIGHT-OF-WAY, DRAINAGE
AND UTILITY EASEMENT
LEGAL DESCRIPTION FOR PARCEL 147RDUE
A PORTION OF TRACT 108. GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOK 7. PAGE 15 OF THE
PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTIONS 10 AND 15. TOWNSHIP 49 SOUTH. RANGE 26
EAST. COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE NORTH 20 FEET OF THE SOUTH 95 FEET OF THE EAST 180 FEET OF SAID TRACT 108.
CONTAINING 3.600 SQUARE FEET. MORE OR LESS.
,f"""
SCALE: 1"=80'
OF COUNTY COMMISSIONERS
BY;
MICHAEL A. WARD, PROFESSIONAL LAND SURVEYOR
FLORIDA REGISTRATION CERTIFICATE NO. 5301
SIGNING DATE:
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
(',j
i(
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT BOARD
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60
160
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COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 147RDUE
COLLIER COUNTY, FLORIDA
JOB NUMBER
)50106.02.00 0006
SCALE
1" ~ 80'
DATE
10-24-07
D'lTA INC.=.on
,CONSULTING Civil~ .
... ...., u.. .a. Swveyfug & Mopping
6610 Willow Park Drive, Suite 200
Naples, Florida 34109
Phone: (239) 597-0575 FAX: (239) 597-0578
LBNo.:6952
FILE NAME
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EXHIBIT A
Page 6':; of i I ,s-;
660'(P)
TRACT 109
N
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s
660'(P)
TRACT 110 EXCEPTING
THEREFROM THE EAST 225'
AND THE SOUTHERLY 75'
NERVO
OR 3610/1630
TRACT 110
GOLDEN GATE ESTATES
UNIT 26
PLAT BODK 7 PAGE 15
NATIONAL RETAIL PROPE
OR 4157/2352
PROPOSED RIGHT OF WAY
PARCEL 14BFEE
1,740 SQ. FT.
4'
292+00
I 1-
PINE RIDGE RD.
OR ~ OFFICIAL RECORDS (BOOK/PAGE)
kXxXx>1 PROPOSED RIGHT OF WAY
[// I EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE
-~ PUBLIC PER PLAT BOOK 7, PAGE 15 AND ROAD BOOK 2. PAGE 100
FEe SIMPLE
INTEREST
LEGAL DESCRIPTION FOR PARCEL 14BFEE
A PORTION OF TRACT 110, GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOK 7. PAGE 15 OF THE
PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 15. TOWNSHIP 49 SOUTH, RANGE 26 EAST..
COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE NORTH 4 FEET OF THE SOUTH 79 FEET OF SAID TRACT 11 D EXCEPTING THEREFROM THE EAST 225 FEET.
CONTAINING 1.740 SQUARE FEET, MORE OR LESS.
o
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FLORIOA REGISTRATION CERTIFICATE NO. 5301
SIGNING DATE:
NOT VALID WITHOUT THE ORICINAL SIGNATURE & RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
40
I
80
I
160
I
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT BOARD
SCALE: 1 ~=80'
OF COUNTY COMMISSIONERS
COLLIER BOULEY ARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 148FEE
COLLIER COUNTY, FLORIDA
JOB NUMBER
050106.02.00 0006
D'XTA U<C'~tion
CONSULTING CivllEngiueering
.&.. ....., , .L ... Surveying & Mapping
6610 Willow Park Drive, Suite 200
Naples, Florida 34109
Phone: (2::l9) 597-0575 FAX: (239) 597-0578
LB No.: 6952
FILE NAME
UN26 SK148FEE
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EXHIBIT 11
Page {r; of i 13
N
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660'(P)
TRACT 1 09
S
660'(P)
TRACT 110 EXCEPTING
THEREFROM THE EAST 225'
ANO THE SOUTHERLY 75'
NERVO
OR 3610/1630
TRACT 11 0
GOLDEN GATE ESTATES
UNIT 26
PLAT BOOK 7 PAGE 15
PROPOSED TEMPORARY
CONSTRUCTION EASEMENT
PARCEL 148TCE
6,960 SQ. FT.
NATIONAL RETAIL PROPE
OR 4157/235,
292+00
1-
PINE RIDGE RD.
OR ~ OFFICIAL RECORDS (BOOK/PAGE)
~ '" '-.j PROPOSED 16' TEMPORARY CONSTRUCTION
lX)<)1 PROPOSED RIGHT OF WAY
r//~
TEMPORARY
CONSTRUCTfON EASEMENT
DURA TlON $ YEARS.
EASEMENT
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE
PUBLIC PER PLAT BOOK 7. PAGE 15 AND ROAD BOOK 2, PAGE 100
LEGAL DESCRIPTION FOR PARCEL 148TCE
A PORTION OF TRACT 110, GOLDEN GATE ESTATES, UNIT 26 AS RECORDED IN PLAT BOOK 7, PAGE 15 OF THE
PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 15. TOWNSHIP 49 SOUTH. RANGE 26 EAST.
COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE NORTH 16 FEET OF THE SOUTH 95 FEET OF SAID TRACT 110 EXCEPTING THEREFROM THE EAST 225 FEET.
CONTAINING 6.960 SQUARE FEET. MORE OR LESS.
o
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B.
. ~ICHAEL A. WARD. PROFESSIONAL LAND SURVEYOR
FLORIDA REGISTRATION CERTIFICATE NO. 5301
SIGNING DATE:
40
I
160
I
'17jiJf!>
80
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT
SCALE: 1 ~"'80'
BOARD OF COUNTY COMMISSIONERS
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EM80SSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 14BTCE
COLLIER COUNTY, FLORIDA
D'lT^INC~
CONSULTING Civil~
..... '- Y Y.L .... s_.._
6610 WIUow Park Drive, Suite 200
Naples,FJorlda34109
Phone: (239) 597'(}575 FAX: (239)597-0575
LB No.: 6952
FILE NAME
UN26 SK 148TCE
JOB NUMBER
050106.02.00 0006
SCALE
1" ~ 80'
SHEET
1 OF 1
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LINE
11
L2
L3
L4
L5
L6
L7
L8
LINE TABLE
BEARING
SOO'29'08"E
S89'31 '3S"W
Noo'3o'23"W
N89'31 '35" E
N63'S3'00" E
N29'S8'SS"E
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TRACT 109
660'(P)
NORTH LINE OF
TRACT 110
PROPOSED TEMPORARY DRIVEWAY
RESTORATION EASEMENT ~
TRACT 110
GOLDEN GATE ESTATES
UNIT 26
PLAT BOOK 7 PAGE 15 ~.
PROPOSED TEMPORARY
CONSTRUCTION EASEMENT
LENGTH
255.02'
225.01'
4.00'
180.01 '
27.73'
19.72'
222.02'
10.00'
EAST 225' OF TRACT 110
EXCEPTING THEREFROM THE
SOUTHERLY 75'
NATIONAL RETAIL PROPERTIES LP
OR 4157/2352
4'
PROPOSED RIGHT OF WAY
PARCEL 149FEE
3,765 SQ. FT.
-~
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--0--
'1- 2:0
--.J
-0-
o
o
PINE RIDGE RD,
10
I'
II
II
II
I
LIDO' WIDE
PER PLAT
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+
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OR ~ OFFICIAL RECORDS (BOOK/PAGE)
kX)<)j PROPOSED RIGHT OF WAY
[// I EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE
_----L1 PUBLIC PER PLAT BOOK 7, PAGE 15 AND ROAD BOOK 2. PAGE 100
LEGAL DESCRIPTION FOR PARCEL 149FEE
FEe SIMPlE
INTEREST
A PORTION OF TRACT 110. GOLDEN GATE ESTATES, UNIT 26 AS RECORDED IN PLAT BOOK 7. PAGE 15 OF THE
PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, LYING IN SECTION 15. TOWNSHIP 49 SOUTH, RANGE 26 EAST.
COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT 110;
THENCE S.Oo'29'08"E.. ALONG THE EAST LINE OF SAID TRACT 110. FOR 255.02 FEET;
THENCE S.89'31'35"W.. FOR 225.01 FEET;
THENCE N.oo'30'23"W.. FOR 4.00 FEET;
THENCE N.89'31'35"E" FOR ISo.o1 FEET;
THENCE N.63'53'Oo" E.. FOR 27.73 FEET;
THENCE N.29'SS'55" E.. FOR 19.72 FEET;
THENCE N.00'29'oS"W.. FOR 222.02 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT 110;
THENCE N.89'31 '41"E.. ALONG THE NORTH LINE OF SAID TRACT 110. FOR 10.00
1JJ]jJ; :;;~:
MICHAEL A. WARD. PROFESSIONAl LAND SURVEYOR
FLORIDA REGISTRATION C[RTJfICAT[ NO. 5JOl
SIGNING DATE;
CONTAINING 3,765 SQUARE FEET MORE OR LESS.
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY seAL", 1 "~ao'
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS
o
1
40
ao
160
I
NOT VALID WIlHQUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROfESSIONAL SURVEYOR AND MAPPER.
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 149FEE
COLLIER COUNTY, FLORIDA
DlXT^lN"~
CONSULTING Civi1J:!oainccdng
.... '-, '.L ..L s""'_ & Mopp;ng
6610 Willow Park Drive, Suite 200
Naples,F1orlda34109
Phooe:(239)597"()575 FAX; (239) 597-0578
lBNo.:6952
FILE NAME
UN26 SK 149FEE
JOB NUMBER
050106.02.00 0006
SCALE
1" = 80'
SHEET
OF 1
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LINE
L1
L2
L3
L4
L5
L6
L7
LS
L9
L10
L 11
s
NERVO
OR 3610/1630
LINE TABLE
BEARING
SS9'31'41"W
SOO'29'OS" E
S29'5S'55" W
S63'53'OO" W
SS9'3I'35"W
NOO'30'23"W
NS9'31'35"E
N63'53'OO"E
N29'5S'55" E
NOO'29'OS"W
N89'31 '41"E
289+00
EXHIBIT /4
Page &:. s:-- of ( IT
660'(P)
TRACT 109
~.W0
II
II
II
II
I
1--100' WIDE
PER PLA T
o
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+
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560'(P)
NORTH LINE OF -
TRACT 110
L II
5'
r
o
15'
TEMPORARY
CONSTRUCTfON EASEMENT
DURA nON S YEARS.
THENCE S.00'29'OS" E.. FOR 222.D2 FEET;
THENCE S.29'5S'55"W., FOR 19.72 FEET;
THENCE S.63'53'OO"W.. FOR 27.73 FEET;
THENCE S.S9'31'35"W" FOR 180.01 FEET;
THENCE N.OO'30'23"W.. FOR 5.00 FEET;
THENCE N.89'31'35"E.. FOR 178.87 FEET;
THENCE N.63'53'OO" E.. FOR 25.07 FEET;
THENCE N.29'58'55" E.. FOR 16.84 FEET;
THENCE N.OO'29'OS"w., FOR 220.66 FEET;
THENCE N.S9'31 '41"E., FOR 5.00 FEET TO THE POINT OF BEGINNING.
LENGTH
10.00'
222.02'
19.72'
27.73'
180.01'
5.00'
17S.S7'
25.07'
16.84'
220.66'
5.00'
PROPOSED TEMPORARY DRIVEWAY
RESTORATION EASEMENT ~
TRACT 110
GOLDEN GATE ESTATES
UNIT 26
PLAT BOOK 7 PAGE 15
PROPOSED TEMPORARY
CONSTRUCTION EASEMENT
PARCEL 149TCE
2,227 SQ, FL
EAST 225' OF TRACT 110
EXCEPTING THEREFROM THE
SOUTHERLY 75'
NATIONAL RETAIL PROPERTIES LP
OR 4157/2.'."
"'
-'
L7
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE
OF THE PUBLIC PER PLAT BOOK 7. PAGE 15
LEGAL DESCRIPTION FOR PARCEL 149TCE
A PORTION OF TRACT 110. GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOK 7. PAGE 15 OF THE
PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 15, TOWNSHIP 49 SOUTH. RANGE 26 EAST,
COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
290+00
T
"
en
--0-
}- -+
PINE RIDGE RD.
COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 110;
THENCE S.89'31 '41"W., ALONG THE NORTH LINE OF SAID TRACT 110 FOR 10.00 FEET TO THE POINT OF BEGINNING
OF THE FOLLOWING DESCRIBED PARCEL;
EASEMENT
LESS.
40
.. ~u )0'0
CONTAINING 2.227 SQUARE FEET
MORE OR
o
I
80
160
,
MICHAEL A. WARD. PROFESSIONAL LAND SURVEYOR
FLORIDA REGISTRATION CERTIfiCATE NO. 5JO 1
SIGNING DATE;
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT BOARD
SCALE: 1"""80'
OF COUNTY COMMISSIONERS
NOT VALID WITHOUT THE ORIGiNAl SIGNATURE &. RAISED EMBOSSED SEAL OF
A flORIDA REGISTERED PROFESSIONAl SURVEYOR AND ~APPER.
COLliER BOULEVARD
SKETCH & DESCRIPTION OF:
PROPOSED TEMPORARY CONSTRUCTION EASEMENT
PARCEL 149TCE
COLliER COUNTY. FLORIDA
JOB NUMBER REVISION SECTION
050106.02.00 0006 REV 3 15
D\lTAINC~<m
CONSL"LTING avilEngiDce.rlng
.&. '-, '.L .... s..,.,.,.&_
6610 Wlllow Park Drive, ::>ulte200
NapIBS, Aorlda34109
Phone; (239) 597..{}575 FAX; (239) 597-0578
LB No.: 6952
FILE NAME SHEET
UN26 SK149TCE OF 1
SCALE
1" = 80'
~
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EXHIBIT It
Page e,; q of t l.s
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660'(P)
TRACT 109
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660'(P)
"
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Q
~
-"
Q
Q
~
~
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PROPOSED TEMPORARY
DRIVEWAY RESTORATION
EASEMENT
PARCEL 149TDRE
1,400 SQ. FT
~
.
[
~
o'
,
NERVO
OR 3610/1630
TRACT 1 1 0
GOLDEN GATE ESTATES
UNIT 26
PLAT BOOK 7 PAGE 15
OJ
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PER PLAT
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TEMPORARY 5'
CONSTRUCTION EASEMENT-
EAST 225' OF TRACT 110
EXCEPTING THEREFROM THE
SOUTHERLY 75'
NATIONAL RETAIL PROPERTIES LP
OR 4157/2352
289+00
290+00
T
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PINE RIDGE RD.
r 66d.(p)
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1-
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10'
-I
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TEMPORARY DRIVEWAY
RESTORATION EASEMENT
pJIlA1qtl~: . . ..
. . .
OR ~ OFFICIAL RECORDS (BOOK/PAGE)
c=cJ PROPOSED TEMPORARY DRIVEWAY RESTORATION EASEMENT
~"-.~
M(1 PROPOSED RIGHT OF WAY
r//~
,-
PROPOSED 5' TEMPORARY CONSTRUCTION EASEMENT
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE
OF THE PUBLIC PER PLAT BOOK 7. PAGE 15
LEGAL DESCRIPTION FOR PARCEL 149TDRE
A PORTION OF TRACT 110. GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOI, 7. PAGE 15 OF THE
PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 1S. TOWNSHIP 49 SOUTH. R.~NG[ 26 EAST.
COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE NORTH 40 FEET. MINUS THE EAST 15 FEET AND THE WEST 175 FEET OF THE EAST 225 FeET OF SAID TRACT
110.
i!:~~
FLORIDA REGISTRATION CEifIIF"ICAT[ NO. 5JO 1
SIGNING DATE:
CONTAINING 1.400 SQUARE FEET. MORE OR LESS.
o
I
40
60
160
I
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY SCALE, l'~8O'
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS
NOT VAliD WITHOUT THE ORIGII,,^,-- SIGNATURE &: RAISED EM80SSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL Sl}RVEYOR ANO MAPPER.
D'lT^INC~
CONSULTING Civil.~
.&. "" , .... .a. Surveying &. Mapping
6610 Willow Park Drive, Suite 200
Naples, Florida 34109
Phooe:(239}597-Q576 FAX: (239) 597.0578
l8 No.: 6952
FilE NAME SHEET
UN26 SK 149TORE OF 1
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF,
PROPOSED TEMPORARY DRIVEWAY
PARCEL I49TDRE
COLLIER COUNTY, FLORIDA
JOB NUMBER REVISION SECTION
050106.02.00 0006 REV 3
RESTORATION EASEMENT
SCALE
1" = 80'
f
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N
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EXHIBIT
Page 70 of lis
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NORTH LINE SECTION 1526
UTH RANGE
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VETERANS OF FOREIGN WARS
OF THE UNITEO STATES
OR 808/981
Ll00' WIDE
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TRACT 109
660'(P) GOLDEN GATE ESTATES
UNIT 26
PLAT BOOK 7 PAGE 15
"
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SOUTH 150' OF TRACT 109
LDJ ASSOC. LTC
OR 1391/1796
PROPOSED RIGHT OF WAY
PARCEL 150FEE
6,750 SQ. FT.
..
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66D'(P)
PROPOSED TEMPORARY 5'-
CONSTRUCTION EASEMENT ~
2
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OR = OFFICIAL RECORDS (BOOK/PAGE)
k><x><x>1 PROPOS EO RIGHT OF WAY
[// I EXISTING RIGHT OF WAY DEOICATEO TO THE PERPETUAL
__<1 OF THE PUBLIC PER PLAT BOOK 7. PAGE 15
USE
FEE SIMPLE
INTEREST
LEGAL DESCRIPTION FOR PARCEL 150FEE
A PORTION OF TRACT 109. GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOK 7. PAGE 15 OF THE
PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 15. TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE EAST 45 FEET OF THE SOUTH 150 FEET OF SAID TRACT 109.
CONTAINING 6.750 SQUARE FEET, MORE OR LESS.
,I"""
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR, COLLIER COUNTY GOVERNMENT
o
I
40
]
80
160
,
" IllUt4rt{.1
"IC{E~10iESS]ONA'lANO SURVEYOR
FLORIOA REGISTRATION CERTIFICATE NO. 5301
SIGNING OATE:
NOT VALID WITHOUT THE ORIGINAL SiGNATURE & RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
SCALE: 1 P""BO'
BOARD OF COUNTY COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 150FEE
COLLIER COUNTY, FLORIDA
JOB NUMBER
50106.02.00 0006
SCALE
1" = 80'
OATE
8-23-07
D\XT^INC.~
CONSULTING CivilEngineering
.A. ...., '..L ..a. S""'6,mg & Meppmg
6610 Willow Park Drive, Suite 200
Naples, Florida 34109
Phone: (239) 597-0575 FAX: (239) 597"0578
lBNo.:6952
FILE NAME
UN26 SKl SOFEE
SHEET
OF 1
N
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EXHIBIT
Page 7 ( of [I"
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660'(P)
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NORTH UNE SECTION 15
RANGE 26
TOWNSHIP 49 SOUTH,
-I
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TRACT 110
50'
5'
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VETERANS OF FOREIGN WARS
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OR 808/981
660'(P)
TRACT 109
GOLDEN GATE ESTATES
UNIT 26
PLAT BOOK 7 PAGE 15
PROPOSED TEMPORARY
CONSTRUCTION EASEMENT-.........
PARCEL 150TCE
750 SQ. FL
109
,
~
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SOUTH 150' OF TRACT
LDJ ASSOC. LTD
OR 1391/1796
""
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OR = OFFICIAL RECORDS (BOOK/PAGE)
~ '" "J PROPOSED 5' TEMPORARY CONSTRUCTION
I?\X,(j PROPOSED RIGHT OF WAY
r//~
EASEMENT
TEMPORARY
CONSTRUCTtON EASEMENT
DURATION S YEARS.
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE
OF THE PUBLIC PER PLAT BOOK 7. PAGE 15
LEGAL DESCRIPTION FOR PARCEL 150TCE
A PORTION OF TRACT 109. GOLDEN GATE ESTATES, UNIT 26 AS RECORDED IN PLAT BOOK 7. P"OE '15 'OF THE
PUBLIC RECORDS OF COLLIER COUNT!. FLORIOA. LYING IN SECTION 15. TOWNSHIP 49 SOUTH.",'RANGE 26 EAST.
COLLIER COUNT!. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE WEST 5 FEET OF THE EAST 50 FEET OF THE SOUTH 150 FEET OF SAID TRACT 109.;
CONTAINING 750 SQUARE FEET, MORE OR LESS.
"i,
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT
o
I
40
I
80
I
160
I
BY:
Mle
FLO DA REGISTRATION CERTIFICATE NO. 5301
SIG ING DATE:
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
SCALE: 1 ~=BO'
BOARD OF COUNTY COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF:
PROPOSED TEMPORARY CONSTRUCTION EASEMENT
PARCEL 150TCE
COLLIER COUNTY, FLORIDA
JOB NUMBER REVISION SECTION
J50106.02.00 0006 REV 2 15
SCALE
1" = 80'
DATE
8-23-07
D'XT^INC.~
CONSULTING CivilEnginecring
..&. "-, ,.... ..... S""'_ & Mapping
6610 Willow Park Drive, Suite 200
Naples, Florida 34109
Phone; (239) 597-0575 FAX: (239) 597-0578
LB No.: 6952
FILE NAME
UN26 SK150TCE
SHEET
OF 1
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S
660'(P)
o
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f
TRACT 120
GOLDEN GATE ESTATES
UNIT 1
PLAT BOOK 4 PAGE 73
I
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SOUTH LINE SE~ 10
NORTH LINE SEC~~~G~ 526 EAST
TOWNSHIP 49 SOUTH.
45'
660'(P)
PLAT BOUNDARY
PROPOSED RIGHT OF WAY
PARCEL 151FEE
8,100 SQ, FT.
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PROPOSED TEMPORARY
CONSTRUCTION EASEMENT ~
NORTH 180' OF TRACT 109
VETERANS OF FOREIGN WARS
OF THE UNITED STATES
OR 808/981
5'l
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=>
II :
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II I
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660'(P)
TRACT 109
GOLDEN GATE ESTATES
UNIT 26
PLAT BOOK 7 PAGE 15
~
{
"
~
,
.
.
o
LDJ ASSOC. LTD
OR 1391/1796
660'(P)
OR = OFFICIAL RECORDS (BOOK/PAGE)
~ PROPOSED RIGHT OF WAY
[// I EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL
- c1 OF THE PUBLIC PER PLAT BOOK 7. PAGE 1 S
USE
FEE SIMPLE
INTEREST
LEGAL DESCRIPTION FOR PARCEL 151FEE
A PORTION OF TRACT 109. GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOK 7. PAGE 15 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LYING IN SECTIONS 10. AND 15, TOWNSHIP 49 SOUTH. RANGE 26
EAST. COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE EAST 45 FEET OF THE NORTH 180 FEET OF SAID TRACT 109.
CONTAINING 8.100 SQUARE FEET, MORE OR LESS.
,"""t
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY SCALE, 1"~8O'
FOR: COLLIER COUNTY GOVERNMENT BOARO OF COUNTY COMMISSIONERS
o
I
40
I
80
I
160
,
(i?Ji~1
/ 7~,i'fP
BY: , . "
MI E[ A. WARD,I.'RROFESSIONAL' lAND- SURVEYOR
FLORIDA REGISTRATION1CERTIFIC,,\TE' N~. 5301
SIGNING DATE: " j'"
NOT VALID WITHOUT THE ORIGINAL SIGNATURE &: ~AlSED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR. AND MAPPER.
(.) j I
'.'.J
(.)
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 15lFEE
COLLIER COUNTY, FLORIDA
JOB NUMBER
50106.02.00 0006
SCALE
1" = 80'
D'lTA INC~on
CONSULTING Civll~
.&. '-, U.. ..... Smveying & Mopping
6610 Willow Park Drive, Suite 200
Naples. Florida 34109
Phone: (239) 597-0575 FAX: (239) 597-0578
LB No.: 6952
FILE NAME
UN26 SK151FEE
SHEET
OF 1
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GOLDEN GATE ESTATES
UNIT 1
PLAT BOOK 4 PAGE 73
t-
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660'(P)
o
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SOUTH LINE SE~ 10
SECTION 15
NORTH LINE RANGE 26 EAST
TOWNSHIP 49 SOUTH.
-
t"I;OPOSED TEMPORARY 50'
CONSTRUCTION EASEMENT
PARCEL 151TCE
900 SQ. FT.
660'(P)
PLAT BOUNDARY
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NORTH 180' OF TRACT 109
VErERANS OF FOREIGN WARS
OF THE UNITED STATES
OR 808/981
TRACT 109
660'(P) GOLDEN GATE ESTATES
UNIT 26
PLAT BOOK 7 PAGE 15
LOJ ASSOC. L TO
OR 1391/1796
II I '"
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v<x><x>j
r//~
EASEMENT
TEMPORARY
GONSTRUCTtON EASEMENT
DURA nON S YEARS.
PROPOSED RIGHT OF WAY
EXISTING RIGHT OF WAY OEDICATED TO THE PERPETUAL
OF THE PUBLIC PER PLAT BOOK 7. PAGE 15
USE
LEGAL DESCRIPTION FOR PARCEL 151TCE
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT
A PORTION OF TRACT 109, GOLDEN GATE ESTATES, UNIT 26 AS RECORDED IN PLAT BOOK'i(PAC'E 'i'5:0FTHE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTIONS 10, AND 15. TOWN,SHIP,'49,SOU.TH.,iRAI'JGE26
EAST. COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. ." ()., 'i'" "
.' :" (i)
THE WEST 5 FEET OF THE EAST 50 FEET OF THE NORTH 180 FEET OF SAID TRACT '1f!A9': I";' :~i0'j"i/0'
CONTAINING 900 SQUARE FEET. MORE OR LESS. .... I " ~~/1>4/'O1
o 40 80 160 BY. ,.
j I I MICHAE A WARD, PROFESSIONAL LAND SURVEYOR
FLORIDA REGISTRATION CERTIFICATE NO. 5301
SIGNING DATE:
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
,
~,
SCALE: 1 "=80'
BOARD OF COUNTY COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF:
PROPOSED TEMPORARY CONSTRUCTION EASEMENT
PARCEL 151TCE
COLLIER COUNTY, FLORIDA
JOB NUMBER REVISION SECTION
050106.02.00 0006 REV 1 10&15
SCALE
1" = 80'
DATE
7-23-07
D\11 ^ INC.~=:..on
CONSULTING Civil~
.... ...., ,..&. .A. s""'_ & Mopping
6610 Willow Park Drive, Sulle 200
Naples, Florida 34109
Phone: (239) 597-0575 FAX; (239) 597-0578
LBNo.:6952
FILE NAME SHEET
UN26 SK 151TeE OF 1
JOB NUMBER
050106.02.00 0006
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TRACT 120
GOLDEN GATE ESTAT
UNIT 1
PLAT BOOK 4, PAGE 73
PROPOSED RIGHT OF WAY
PARCEL 152FEE
5.775 SQ. FT.
~
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SOUTH 1/2 OF TRACT 120
GARCIA
OR 4214/758
PROPOSED TEMPORARY I
CONSTRUCTION EASEMENT--.........
5'
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II '" ec^i
I.
SOU1H LINE SE~ 10
NOR1H LINE SEC11~~G~ 526 EASl
10WNSHIP 49 SOU1H. R
TRACT 109
-GOLDEN GATE ESTATES
UNIT 26
PLAT BOOK 7 PAGE 15
o
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OR = OFFICIAL RECORDS (BOOK/PAGE)
kXxX)j
r//~
PROPOSED RIGHI OF WAY
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE
OF THE PUBLIC PER PLAT BOOK 4. PAGE 73
FEE SIMPLE
INTEREST
LEGAL DESCRIPTION FOR PARCEL 152FEE
A PORTION OF TRACT 120. GOLDEN GATE ESTATES, UNIT 1 AS RECORDED IN PLAT BOOK 4, PAGE 73 OF THE PUBLIC
RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 10. TOWNSHIP 49 SOUTH. RANGE 26 EAST. COLLIER
COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE EAST 35 FEET OF THE SOUTH ONE HALF (S 1 /2) OF SAID TRACT 120.
CONTAINING 5.775 SQUARE FEET. MORE OR lESS.
fi.d! Mt: ;ftL~
FLORIDA REGISTRATION CERTIFICATE NO. 5301
SIGNING DATE;
o
I
40
I
60
I
160
I
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY SCALE. 1"~60'
FOR. COLliER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAlSED Et..lBOSSED SEAL. OF
A flORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 15ZFEE
COLLIER COUNTY, FLORIDA
DlXT^INC.~
CONSULTING avn~
.&. ...., , "'- ..... s..v.ymg & .........
6610 Willow Park Drive, Sulle 200
Naples, Florlda 341 09
Phone: (239) 591.0515 FAX: (239) 591.0578
lBNo.:6952
FilE NAME
SCALE
1" = 80'
UN 1 SK 152FEE
SHEET
OF 1
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EXHIBIT 11
Page 7<:; of-1.J..i.
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!--PER PLAT
GARCIA
OR 4214/758
o
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TRACT 120
GOLDEN GATE ESTATES
UNIT 1
PLAT BOOK 4, PAGE 73
PROPOSED TEMPORARY
CONSTRUCTION EASEMENT
PARCEL 152TCE
825 SQ. FT.
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SOUTH 1/2 OF TRACT 120
GARCIA
OR 4214/758
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TRACT 109
-GOLDEN GATE ESTATES
UNIT 26
PLAT BOOK 7 PAGE 15
SOUTH LINE SE~ 10 _
NORTH LINE SECT\~~G~ 526 EAST
TOWNSHIP 49 SOUTH. R
0::
W
:3
o
'-'
L100' WIDE
PER PLAT
~
2
~
OR ~ OFFICIAL RECORDS (BOOK/PAGE)
'" ,,~ PROPOSED 5' TEMPORARY CONSTRUCTION
kX)<)j PROPOSED RIGHT OF WAY
r//~
TEMPORARY
CONSTRUCTION EASEMENT
DURATION S YEARS,
EASEMENT
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE
OF THE PUBLIC PER PLAT BOOK 4. PAGE 73
LEGAL DESCRIPTION FOR PARCEL 152TCE
A PORTION OF TRACT 120, GOLDEN GATE ESTATES. UNIT 1 AS RECORDED IN PLAT BOOK 4. PAGE 73 OF THE PUBLIC
RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 10. TOWNSHIP 49 SOUTH, RANGE 26 EAST. COLLIER
COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE WEST 5 FEET OF THE EAST 40 FEET OF THE SOUTH ONE HALF (S 1 /2) OF
CONTAINING 825 SQUARE FEET. MQRE OR LESS.
J}JJJV N"
~ICHAEL A. WARD, PROFESSIONAL LAND SURVEYOR
FLORIDA REGISTRATION CERTIFICATE NO. 5301
SIGNING DATE:
0 40 BO
I
SCALE: 1"=80'
BOARD OF COUNTY COMMISSIONERS
160
,
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF;
PROPOSED TEMPORARY CONSTRUCTION EASEMENT
PARCEL I52TCE
COLLIER COUNTY. FLORIDA
JOB NUMBER SECTION
050106.02.00 0006 10&15
NOT VALID WITHOUT THE ORIGINAL SIGNATURE &. RAISED Et.lBOSSEO SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
DlXT^INC~
CONSULTING avil~
..... ...., ,.I.. ..... ~&Mippmg
6610 Willow Park Drive, Suite 200
Naples,Florlda34109
Phone: (239) 597-0575 FAX: (239) 597-0578
LBNo.:6952
FILE NAME
UN 1 SK 152TCE
SCALE
1" ~ 80'
SHEET
OF 1
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EXHIBIT II
Page i6 of lis
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TRACT 119
I:
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W
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2
~
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PROPOSED RIGHT OF WAY
PARCEL 153FEE
5,775 SQ. FT.
II
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NORTH 1/2 OF TRACT 120
GARCIA
OR 4214/758
35'
;g
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;,
~
~
PROPOSED TEMPORARY I
CONSTRUCTION EASEMENT~
TRACT 120 5'-
GOLDEN GATE ESTATES
UNIT 1
PLAT BOOK 4, PAGE 73
100' WIDE_I
PER PLAT
~
GARCIA
OR 4214/758
Q 0
'" 0
I ~ +
~
--' <0
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II 0
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OR = OFFICIAL RECORDS (BOOK/PAGE)
I(<)\(j PROPOSED RIGHT OF WAY
r//~
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE
OF THE PUBLIC PER PLAT BOOK 4. PAGE 73
FEE SIMPLE
INTEREST
LEGAL DESCRIPTION FOR PARCEL 153FEE
A PORTION OF TRACT 120. GOLDEN GATE ESTATES. UNIT 1 AS RECORDED IN PLAT BOOK 4. PAGE 73 OF THE PUBLIC
RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 1 D. TOWNSHIP 49 SOUTH. RANGE 26 EAST. COLLIER
COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE EAST 35 FEET OF THE NORTH ONE HALF (Nl /2) OF SAID TRACT 120.
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT
o
I
40
I
80
I
160
I
iJJJt0
BY:
MICHAEL A. WARD, PROFESSIONAL LAND SURVEYOR
FLORIOA REGISTRATION CERTIFICATE NO. 5301
SIGNING DATE:
NOT VALID WITHOUT THE ORIGINAL SIGNATURE &; RAISED EMBOSSED SEAL OF
A FLORIOA REGISTERED PROFESSIONAL SURVEYOR AND w.cPER.
1~'1'~
CONTAINING 5.775 SQUARE FEET. MORE OR LESS.
SCALE: 1"=80'
BOARD OF COUNTY COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 153FEE
COLLIER COUNTY, FLORIDA
JOB NUMBER
050106.02.00 DD06
SCALE
1" = 80'
D'lT^INC.~
CONSULTING avn..........
..... ....., Y.I. ... __".......
6610 WJUaw Park DrIve, Suite 200
Naplas,Floride34109
Phone: (239) 597-0575 FAX: (239) 597.0578
LBNa.:6952
FILE NAME
UN 1 SK 153FEE
SHEET
OF 1
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EXHIBIT A
Page 77 of.J.1d.
}
TRACT 119
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NORTH 1/2 OF TRACT 120
GARCIA
OR 4214/758
40'
100' WIDE I
PER PLAT---j
r
PROPOSED TEMPORARY
CONSTRUCTION EASEMENT-........
PARCEL 153TCE
825 SQ. FT.
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TRACT 120
GOLDEN GATE ESTATES
UNIT 1
PLAT BOOK 4, PAGE 73
GARCIA
OR 4214/758
5'
0 0
'" 0
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iX)<)j PROPOSED RIGHT OF WAY
r//~
EASEMENT
TEMPORARY
CONSTRUCTJON EASEMENT
DURATION? YEARS.
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE
OF THE PUBLIC PER PLAT BOOK 4, PAGE 73
LEGAL DESCRIPTION FOR PARCEL 153TCE
A PORTION OF TRACT 120. GOLDEN GATE ESTATES. UNIT 1 AS RECORDED IN PLAT BOOK 4. PAGE 73 OF THE PUBLIC
RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 10. TOWNSHIP 49 SOUTH, RANGE 26 EAST. COLLIER
COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE WEST 5 FEET OF THE EAST 40 FEET OF THE NORTH ONE HALF
CONTAINING 825 SQUARE FEET. MORE OR LESS.
"'J" ,. ~ ""
1610 ~ "'C~l' ~t~t~E~R
FLORIDA REGISTRATION CERTIFICATE NO. 5301
SIGNING DATE:
NOT VALID WITHOUT THE ORIGINAL SIGNATURE <Ie RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
o 40 80
SKETCH & DESCRIPTION ONLY I I I
NOT A BOUNDARY SURVEY seALK I.~BO'
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS
COLUER BOULEVARD
SKETCH & DESCRIPTION OF:
PROPOSED TEMPORARY CONSTRUCTION EASEMENT
PARCEL 153TCE
COLUER COUNTY, FLORIDA
JOB NUMBER REVISION SECTION
050106.02.00 0006 REV 3 10
SCALE
1" ~ 80'
D'XT^lNe.~
CONSULTING OvilEngineering
~'-, ,.... .a. _&_
6610 Willow Park DrIve, Sulle 200
Naples, Florida 3410!l
Phone: (23!l) 5!l7-0575 FAX:(23!l)5!l7-057a
LB No.: 6952
FILE NAME
UN 1 SK 153TCE
SHEET
, OF 1
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Page 78' of..l11..
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TRACT 118
--~~
5
+
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N
<0
25+00
26+00
27+00
t
1:>
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fj
28+00 29+00
7TH AVE, S,W,
f-
100' WIDE PER PLAT
30 00
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TRACT 119
GOLDEN GATE ESTATES
UNIT 1
PLAT BOOK 4, PAGE 73
PROPOSED RIGHT OF WAY
PARCEL 154FEE
12,250 SQ. FT.
ALLEN
OR 3481/2021
EAST 281' OF TRACT 119
ACOSTA '" GIRAlDO
OR 3692/3065
PROPOSED TEMPORARY
CONSTRUCTION EASEMENT
TRACT 120
OR = OFFICIAL RECORDS (BOOK/PAGE)
lX,M PROPOSED RIGHT OF WAY
[// I EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE
.__<1 OF THE PUBLIC PER PLAT BOOK 4, PAGE 73
LEGAL DESCRIPTION FOR PARCEL 154FEE
FEE SIMPLE
INTEREST
A PORTION OF TRACT 119, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED IN PLAT BOOK 4, PAGE 73 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10. TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
o 40 eo
SKETCH & DESCRIPTION ONLY I I I
NOT A BOUNDARY SURVEY SCALE, l'~BO'
FOR, COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSfONERS
160
I
j/JJM/~
THE EAST 35 FEET OF THE EAST 281 FEET OF SAID TRACT 119.
CONTAINING 12,250 SQUARE FEET, MORE OR LESS.
MICHAEL A. WARD. PROFESSIONAL LAND SURVEYOR
FLORIDA REGISTRATION CERTIFICATE NO, 5301
SIGNING DATE:
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAlSED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
JOB NUMBER
050106.02,00 0006
SCAlE DATE
1" = 80' 8-23-07
n\lTA n<c.~Oon
~NSXILTINO Civil~
.&. '" ,.... .a. Smveying & Mepp;ng
6610 Willow Park Drive, Sulle 200
Naples,Florlda34109
Phone: (239) 597-0575 FAX: (239) 597-0578
LB No.: 6952
FILE NAME
UN1 SK154FEE
SHEEr
OF 1
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL I54FEE
COLLIER COUNTY, FLORIDA
~
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Page 7<1 of i IS'
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TRACT 118
--~~
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25+00
26+00
27+00
I
b
"'
,I
28+00
7TH AVE, S,W,
1-
100' WIDE PER PLAT
5'
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TRACT 119
GOLDEN GATE ESTATES
UNIT 1
PLAT BOOK 4, PAGE 73
PROPOSED TEMPORARY
CONSTRUCTION EASEMENT-..........
PARCEL 154TCE
1,500 SQ, FT.
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ALLEN
OR 3481/2021
EAST 281' OF TRACT 119
ACOSTA '" GIRAlDO
OR 3692/3065
40'
TRACT 120
~
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'if
~
~
l
OR = OFFICIAL RECORDS (BOOK/PAGE)
~ ""J PROPOSED 5' TEMPORARY CONSTRUCTION
lX)<)j
r//~
EASEMENT
TEMPORARY
CONSTRUCTION EASEMENT
DURATION .? YEARS.
PROPOSED RIGHT OF WAY
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE
OF THE PUBLIC PER PLAT BOOK 4, PAGE 73
LEGAL DESCRIPTION FOR PARCEL 154TCE
A PORTION OF TRACT 119, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED IN PLAT BOOK 4, PAGE 73 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10. TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER
COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE WEST 5 FEET OF THE EAST 40 FEET OF THE EAST 281 FEET OF SAID TRACT 119.
LESS AND EXCEPT:
THE NORTH 50 FEET OF SAID TRACT 119 (THAT PART BEING AN EXISTING
AFOREMENTIONED PLAT),
SKETCH & DESCRIPTION ONLY
NOT A BOUNOARY SURVEY SCALE, l"~BO'
FOR, COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS
o
I
40
I
BO
lBO
I
ROADWAY EASEMENT PER THE
BY;/) AJ;J;~hIV7
MICHAEL A. WARD, PROFESSIONAL LAND SURVEYOR
FLORIDA REGISTRATION CERTIFICATE NO. 5301
SIGNING DATE;
NOT VALID WITHOUT THE ORIGINAl SIGNATURE & RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
CONTAINING 1,500 SQUARE FEET, MORE OR LESS.
SCALE
1" = 80'
D\lTA D<C.t:.on
CONSULTING CivilEogiDecring
...", '.L .a. S"","""'&MappJng
6610 Willow Park Drive, Sulle 200
Naples, Florida 34109
Phone: (239) 597.(l575 FAX; (239) 597-0576
LB No.: 6952
FILE NAME
UN1 SK154TCE
SHEET
OF 1
EASEMENT
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EXHIBIT A
Page g'b of 113
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S TRACT 11 7
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PROPOSED RIGHT OF WAY
PARCEL 155FEE
12,250 SQ. FT.
TRACT 118
GOLDEN GATE ESTATES
UNIT 1
PLAT BOOK 4, PAGE 73
I
I
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~
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OR 528/124
~
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PROPOSED TEMPORARY I
CONSTRUCTION EASEMENT ~
~
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c
~
-----
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en
'I
28+00
7TH AVE. S.W.
1-
100' WIDE PER PLAT
26+ 00
27+00
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--1
TRACT 11 9
~
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OR = OFFICIAL RECORDS (BOOK/PAGE)
p<,(<)j PROPOSED RIGHT OF WAY
r//~
FEE SIMPLE
INTEREST
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE
OF THE PUBLIC PER PLAT BOOK 4. PAGE 73
LEGAL DESCRIPTION FOR PARCEL 155FEE
A PORTION OF TRACT 118. GOLDEN GATE ESTATES, UNIT 1 AS RECORDED
RECORDS OF COLLIER COUNTY, FLORIDA. LYING IN SECTION 10. TOWNSHIP
COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE EAST 35 FEET OF SAID TRACT 118.
r~
-.J
<<:
z
c5
100' WIDE---J
PER PLAT I
~
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l
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IN PLAT BOOK 4,. pAGE 73.00f!..THE PUBLIC
49 SOUTH. RANG~',}.6' ~A:~T((CeLLIER.
.
. .
.,1
1/'
,
CONTAINING 12,250 SQUARE FEET. MORE OR LESS.
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT BOARD
o
I
160
I
40
I
so
SCALE: 1"=60'
OF COUNTY COMMISSIONERS
,
BY: ".
MICHAEL AWARD.' I"'R9FESSIONAL ,lAND SURVEYOR
FLORIDA REGISTRATION (!:EiRTIFICAfE NO: 5.301
SIGNING DATE:' ',' " l
, : ~ i ' ' \
NOT VALID WITHOUT THE ORIGINAL SIGNATURE' &':RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
D'lTA lNC.~on
CONSULTING Civil~
..L '-, '''' ..... s""",...,&""","",
6610 Willow Park Drive, Suite 200
Naples, Florida 34109
Phone: (239) 597~0575 FAX: (239) 597-0578
LB No.: 6952
FILE NAME
UNl SK155FEE
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 155FEE
COLLIER COUNTY, FLORIDA
JOB NUMBER
'50106.02.00 0006
SCALE
1" ~ 80'
SHEET
OF 1
PROPOSED TEMPORARY
CONSTRUCTION EASEMENT-...........
PARCEL 155TCE
1,500 SQ. FT.
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LEGAL DESCRIPTION FOR PARCEL 155TCE
A PORTION OF TRACT 118. GOLDEN GATE ESTATES. UNIT 1 AS RECORDED
RECORDS OF COLLIER COUNTY. FLORIDA, LYING IN SECTION 10, TOWNSHIP
COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE WEST 5 FEET OF THE EAST 40 FEET OF SAID TRACT 118.
LESS AND EXCEPT;
THE SOUTH 50 FEET OF SAID TRACT 118 (THAT PART BEING AN
AFOREMENTIONED PLAT).
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SKETCH & DESCRIPTION OF:
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PARCEL 155TCE
COLLIER COUNTY, FLORIDA
JOB NUMBER REVISION SECTION
050106.02.00 0006 REV 3 10
SCALE
1" ~ 80'
IN PLAT BOOK 4, PAGE 73 OF THE PUBLIC
49 SOUTH, RANGE 26 EAST. COLLIER
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160
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BY; I (1"" _/,,'
MICHAEL A. WARD, PROFE~SIONAl LAND. SURVEYOR
FLORIDA REGISTRATION" CERTIFICATE NO. 5301
SIGNING DATE:
NOT VALID WITHOUT THE ORIGINAL SIGNATURE &: RAISED EMBOSSED SEAL OF
A FLORIOA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER,
DlX'A 1N"~~on
CONSULTING Civil~
..&. ...., U.. JL Su<voying & MBpping
6610 Willow Park Drive, SuJte 200
Napies, Fiorida34109
Phone: (239) 597"0575 FAX: (239) 597-0578
LBNo,:6952
FILE NAME
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lEGAL DESCRIPTION FOR PARCEL 156FEE
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EXHIBIT~
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INTEREST
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THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10, TOWNSHIP 49 SOUTH;' RANGE 26 EAST.
COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOllOWS. ',/ '" ,
'.
THE EAST 35 FEET OF SAID TRACTS 116 AND 117,
CONTAINING 23.100 SQUARE FEET. MORE OR lESS.
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By: WARD' PROFESSIONAL LAND L:YEYOR
~~~~J} ~EGISTRATION ClLRTIFfC'ATE NO 5301
SIGNING DATE:
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
D'XT^INC.~on
CONSULTING Civil~
.&. "-, u.. .a. s"",oy;".&Mapping
6610 Willow Park Drive, Suite 200
Naples, Florida 34109
Phone; (239) 597-0575 FAX: (239) 597"0578
LBNo.:6952
FILE NAME
UN1 SK156FEE
SKETCH & DESCRIPTION ONLY
NOT A 80UNDARY SURVEY
FOR: COLLIER COUNl'r' GOVERNMENT BOARO
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OF COUNl'r' COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 156FEE
COLLIER COUNTY, FLORIDA
JOB NUMBER
50106.02.00 0006
DATE
8-23-07
SCALE
1" ~ 80'
SHEET
OF 1
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DURA TION ? YEARS.
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UNIT 1
PLAT BOOK 4, PAGE 73
5'
PROPOSED TEMPORARY
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PARCEL 156TCE
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lEGAL DESCRIPTION FOR PARCEL 156TCE
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THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LYING IN SECTION 10. TOWNSHIP 49 3'Q).JTH. RANGE 26 EAST.
;:::::::::,'~;:C:::::: :: ::;~::~;f;:~:::C::'::': ,~:~wW>.. /!)i)!!!:4(.1
SKETCH & DESCRIPTION ONLY I I I MICHAEL A. WARD,'PROF:ESSIONAL LAND SURVEYOR
' FLORIDA REGISTRATION CEORTIFICATE NO:' 5301
NOT A BOUNDARY SURVEY SCALE: 1"=80' SIGNING DATE: ",/; I_ .
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS ~o~l6~~~ ~~~I~~~R~~E p~~I~~~~~~l~N~1~~ir~/:~DEDM~~~~R~SED SEAL OF
D\lTA 1N"~on
CONSULTING Civil~
.&. "" , ..&. ... S""",l'i"8 & Mopping
6610 Willow Park Drive, Suite 200
Naples, Florida 34109
Phone; (239) 597-0575 FAX; (239) 597-0578
tB No.: 6952
FILE NAME SHEET
UN1 SK156TCE OF 1
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF:
PROPOSED TEMPORARY CONSTRUCTION EASEMENT
PARCEL 156TCE
COLLIER COUNTY, FLORIDA
JOB NUMBER REVISION SECTION
050106.02.00 0006 REV 3 10
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LEGAL DESCRIPTION FOR PARCEL 157FEE
FEE SIMPlE
INTEREST
. \ /., I'
A PORTION OF TRACT 115, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED IN PLAT BOOK 4. PPlGE 73 OF THE PUBLIC
RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 10, TOWNSHIP 49 SOUTH. RANG(il6' 'EAst' COLLIER
COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. . "".('> t;"., /, .
::,=c'~,:::: ::,:: ;;:' ~;:; '<~' "' '"" ._l!l~t!:'
SKETCH & DESCRIPTION ONLY I I I I FLORIDA REGISTRATiON cEmIPICA'rE NO, 5301
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FOR; COLLIER .COUNTf GOVERNMENT BOARD OF COUNTY COMM1SSIONERS ~o;l6~~6~ ~~~'~~~R~~Ep~~'r~~~~~ltN~1~~~~RR~~DEDMX~:~.iSED SEAL OF
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 157FEE
COLLIER COUNTY, FLORIDA
JOB NUMBER
150106.02.00 0006
SCALE
1" = 80'
OATE
8-23-07
D'XT^lNC'~on
CONSULTING CivilEoginecring
..... "" , .&. ..... s""',,..,. & Mopping
6610 Willow Park Drive, Suite 200
Naples, Florida 34109
Phone: (239) 597.0575 FAX; (239) 597-0578
lB No.: 6952
FILE NAME
UN! SK157FEE
SHEET
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COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
IN PLAT BOOK 4, PAGE 73 OF THE PUBLIC
49 SOUTH, RANGE ;'5' EIIST, COLLIER
.. ,
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j')
THE WEST 5 FEET OF THE EAST 40 FEET
LESS AND EXCEPT;
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AFOREMENTIONED PLAT).
CONTAINING 1.500 SQUARE FEET. MORE OR LESS.
o 40 80 160
SKETCH & DESCRIPTION ONLY I I I I
NOT A BOUNDARY SURVEY SCALE, l"~BO'
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS
OF SAID TRACT 115.
(THAT PART BEING AN EXISTING ROADWAY
. .
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF:
PROPOSED TEMPORARY CONSTRUCTION EASEMENT
PARCEL 157TCE
COLLIER COUNTY, FLORIDA
JOB NUMBER REVISION SECTION
)50106.02.00 0006 REV 3 10
SCALE
I" = 80'
D'lTA lNC~on
CONSULTING Civil~
.... ~, u.. .... souvey;ng&MOppWg
6610 Willow Park DriYe, Suite 200
Naples, Florida 34109
Phone: (239) 597-0575 FAX: (239) 597-0578
LBNo.:69S2
FILE NAME
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TRACT 11 4
GOLDEN GATE ESTATES
UNIT 1
PLAT BOOK 4, PAGE 73 J
PROPOSED TEMPORARY 5'
CONSTRUCTION EASEMENT ~
PROPOSED RIGHT OF WAY
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LEGAL DESCRIPTION FOR PARCEL 158FEE
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COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. : .' ,,'0', .. . '., .
THE EAST 35 FEET OF THE SOUTH 180 FEET OF SAID TRACT 114.
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT BOARO
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BY;
M HAEL A WARD, PROFESSIONAL LAND SURVEYOR
FLORIDA REGISTRATION CERTIFICATE NO. 5301
SIGNING DATE:
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
CONTAINING 6.300 SQUARE FEET, MORE OR lESS.
SCALE; 1"=60'
OF COUNTY COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 158FEE
COLLIER COUNTY. FLORIDA
JOB NUMBER
150106.02.00 0006
SCALE
1" = 80'
D'XT^INC.~oo
CONSULTING Civil~
.&. 'L' U.. ... Smvoyiog & M.ppiog
6610 Willow Park Drive, Suite 200
Naples, Florida 34109
Phone: (239) 597-0575 FAX: (239) 597.0578
LB No.: 6952
FILE NAM E
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TRACT 114
GOLDEN GATE ESTATES
UNIT 1
PLAT BOOK 4, PAGE 73
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27+00
28+00
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LEGAL DESCRIPTION FOR PARCEL 158TCE
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RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10, TOWNSHIP
COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
IN PLAT BOOK 4; PAGE 73 OF THE PUBLIC
49 SOUTH, RANGE '2?, ,Eh.$J, , COLLIER
r" "
THE WEST 5 FEET OF THE EAST 40 FEET OF THE SOUTH 180 FEET OF SAID TRACT 114. "
LESS AND EXCEPT;
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AFOREMENTIONED PLAT),
CONTAINING 750 SQUARE FEET, MORE OR LESS,
"
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COLLIER COUNTY, FLORIDA
JOB NUMBER REVISION SECTION
)50106,02.00 0006 REV 3 10
SCALE
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DATE
10-24-07
D\lTA lN~~~OO
CONSULTING Civil~'
... ~, u. ... Su<voying & Mopping
6610 Willow Park Orllle. Suite 200
Naples, Florida 34109
Phone: (239) 597-0575 FAX: (239) 597-0578
lB No.: 6952
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COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. " . I' . "
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SIGNING, DATE: ,
SCALE: 1"=80'
OF COUNTY COMMISSIONERS
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR ANO MAPPER.
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 159FEE
COLLIER COUNTY, FLORIDA
JOB NUMBER
)50106.02.00 0006
SCALE
1" = BO'
D\lTA lNC.~oo
CONSULTING avil~
... "" , ... .... SU<Voying & Mopping
6610 Willow Park Drive, Suite 200
Naples, FJorlda34109
Phone: (239) 597-0575 FAX: (239) 597-0578
lBNo.:6952
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COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, ,: : ij I! ,_
J :\1
THE WEST 5 FEET OF THE EAST 40 FEET OF THE NORTH 150 FEET OF SAID TRACT 114'
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FOR: COLLIER COUNTY GOVERNMENT
o
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160
,
... P/1<1!v1
SCALE: 1"=80'
BOARD OF COUNTY COMMISSIONERS
BY;
MICHAEL A. WARD, PROFESSIONAL LAND SURVEYOR
FLORIDA REGISTRATION CERTIFICATE NO. 5301
SIGNING DATE:
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
D\lTAlNC.~
CONSULTING Civil~
... ...., ,... .... Su<veying & MOpping
6610 Willow Park Drille, Suite 200
Naples, Florida 34109
Phone; (239) 597-0575 FAX: (239) 597-0578
lBNo.: 6952
FILE NAME SHEET
UN! SK159TCE OF 1
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF:
PROPOSED TEMPORARY CONSTRUCTION EASEMENT
PARCEL 159TCE
COLLIER COUNTY, FLORIDA
JOB NUMBER REVISION SECTION
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COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. , "
It r'",
. 1;k}klJf-1Ul
MICHAEL A. WARD. PROFEssiONAL LAND SURVEYOR
FLORIDA REGISTRATION CERTIFICATE NO. 5301
SIGNING DATE:
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
O'lT A lNC.~~oo
CONSULTING CivilF.llginecring
... ~, ,~ ... Su<v.yiog & Moppmg
6610 Willow Park Drille, Suite 200
Naples, Florida 34109
Phone; (239) 597-0575 FAX: (239) 597-0578
lB No.: 6952
FILE NAME
UNI SK160FEE
THE EAST 35 FEET OF SAID TRACT 113.
CONTAINING 11,550 SQUARE FEET, MORE OR LESS.
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR, COLLIER COUNTY GOVERNMENT
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COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 160FEE
COLLIER COUNTY, FLORIDA
JOB NUMBER
150106.02.00 0006
DATE
10-24-07
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USE
LEGAL DESCRIPTION FOR PARCEL 160TCE
.i
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49 SOUTH, RANG!> )}6 'EAST, 'COLLIER
, .,~ : ..1" i..' "
: I) I() ,
A PORTION OF TRACT 113, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10, TOWNSHIP
COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE WEST 5 FEET OF THE EAST 40 FEET OF SAID TRACT 113,
CONTAINING 1,650 SQUARE FEET, MORE OR LESS.
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT
o
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I
40
60
SCALE: 1"=60'
BOARD OF COUNTY COMMISSIONERS
MICHAEL A. WARD, PROFESSIONAL LAND SURVEYOR
FLORIDA REGISTRATION CERTIFICATE. NO. 5301
SIGNING OATE:
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EM80SSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
O\lTAlN~~oo
CONSULTING Civi1~
... ...., u. .a. SU<VeyWg & Mopping
5610 Willow Park Orilla. Suite 200
Naples, Florida 34109
Phone: (239) 597-0575 FAX: (239) 597-0578
lBNo.:6952
FILE NAME
UN! SK16DTCE
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF:
PROPOSED TEMPORARY CONSTRUCTION EASEMENT
PARCEL 160TCE
COLLIER COUNTY, FLORIDA
JOB NUMBER REVISION SECTION
D50106.02.00 0006 REV 3 10
SCALE
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LEGAL DESCRIPTION FOR PARCEL 161 FEE
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INTEREST
A PORTION OF TRACT 112, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10. TOWNSHIP
COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE EAST 35 FEET OF THE SOUTH 180 FEET OF SAID TRACT 112.
,
, ,
CONTAINING 6,300 SQUARE FEET, MORE OR LESS.
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
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o
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COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 161FEE
COLLIER COUNTY, FLORIDA
JOB NUMBER
'50106.02,00 0006
SCALE
1" = 80'
O\lT^lNC.~
CONSULTING Civil~
... '" '.L A Su<voying & Mopping
6610 Willow ParK. Drille, Suite 200
Naples, Florida 34109
Phone: (239) 597-0575 FAX: (239) 597-0578
lB No.: 6952
FILE NAME
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DURATION :? YEARS.
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CONTAINING 900 SQUARE FEET, MORE OR LESS. " :'., ':, (', '"". ,.' .(-tl/~>jlp1
o 40 80 160 BY: . .
I I I MICHAEL A. WARD, PROFESSIONAL LAND SURVEYOR
' FLORIDA REGISTRATION CERTIFICATE NO. 5301
SIGNING DATE;
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF
A FLORIOA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
O\lTA lNC'~on
CONSULTING CivilEnginecriog
... """ U. .... Su<vcyIDg & Mopping
6610 Willow Park DrJlle, Sulle 200
Naples, Florida 34109
Phone: (239) 597-0575 FAX: (239)597-0578
lBNo.:6952
FILE NAME
UNl SK16lTCE
EASEMENT
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE
OF THE PUBLIC PER PLAT BOOK 4, PAGE 73
LEGAL DESCRIPTION FOR PARCEL 161TCE
,.' ',',.I
A PORTION OF TRACT 112, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10, TOWNSHIP
COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR, COLLIER COUNTY GOVERNMENT
SCALE: 1"=80'
BOARD OF COUNTY COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF:
PROPOSED TEMPORARY CONSTRUCTION EASEMENT
PARCEL 161TCE
COLLIER COUNTY, FLORIDA
JOB NUMBER REVISION SECTION
)50106.02.00 0006 REV 3 10
DATE
10-24-07
SCALE
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, ,
THE EAST 35 FEET OF THE NORTH 150 FEET OF SAID TRACT 112,
o 40 BO
SKETCH & DESCRIPTION ONLY I I
NOT A BOUNDARY SURVEY SCALE, 1"~80'
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS
160
I
/~ji~ fur
BY; ",'
MICHAEL A. WARD, PROFESSIONA1.'LANO SURVEYOR
FLORIDA REGISTRATION CERTIFICATE NO. 5301
SIGNING DATE:
NOT VALID WITHOUT THE ORIGINAL SIGNATURE &;' RAISED EM80SSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR ANO MAPPER.
, !
CONTAINING 5,250 SOUARE FEET, MORE OR LESS.
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 162FEE
COLLIER COUNTY, FLORIDA
JOB NUMBER
)50106.02.00 00D6
SCALE
1" ~ 80'
DATE
10-24-07
O\lTA lNC,=.on
CONSULTING Civil~
... ~, ,... ... Su<voying&Ma_
6610 Willow Park Drllle, Suite 200
Naples, Florida 34109
Phone; (239) 597-0575 FAX: (239) 597-0578
lB No.: 6952
FILE NAME
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LEGAL DESCRIPTION FOR PARCEL
162TCE
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT
A PORTION OF TRACT 112, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED IN PLAT BOOK 4, PAGEif3 OF. THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 26iEAi>r.,..C;Oi,L1ER
COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. '. ,:" .'
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I I I MICHAEL A. WARO. PROFESSION~l, LAND' 'sURVEYOR
I . FLORIDA REGISTRATION', CERTIFICATE: NO. 5J01
SIGNING DATE:
NOT VALID WITHOUT THE ORIGINAL SIGNATURE &: RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR 'AND MAPPER.
SCALE: 1"=80'
BOARD OF COUNTY COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF:
PROPOSED TEMPORARY CONSTRUCTION EASEMENT
PARCEL 162TCE
COLLIER COUNTY, FLORIDA
JOB NUMBER REVISION SECTION
050106.02,00 0006 REV 3 10
SCALE
1" = 80'
O'lT^lNC'~
CONSULTING Civil~
... ...., ,.I.. ... Su<voying & Mopping
6610 Willow Park Drille, Suite 200
Naples, FlorJda34109
Phone: (239) 597-0575 FAX; (239) 597-0578
lB No.: 6952
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RECORDS OF COLLIER COUNTY. FLORIDA, LYING IN SECTION 10, TOWNSHIP
COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
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1~/J~1
BY: " . ",
!.lIe EL A. WARD, PROFESSI'o'NAL 'LAND SURVEYOR
FLORIDA REGISTRATION CERTIFICATE .NO. 5JOl
SIGNING DATE:
NOT VAUD WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF
A FLORIDA REGISTEREO PROFESSIONAL SURVEYOR ANO MAPPER.
O\lTAlNC~~'n
CONSULTING Civil~
... ~, '.L ... Swv'jing & Mopping
6610 Willow Park Drille, Suite 200
Naples, Florida 34109
Phone: (239)597-0575 FAX: (239)597-0578
LB No.: 6952
FILE NAME
UN! SK163FEE
CONTAINING 11,550 SQUARE FEET, MORE OR LESS.
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR, COLLIER COUNTY GOVERNMENT
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SCALE: 1"=60'
BOARD OF COUNTY COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 163FEE
COLLIER COUNTY, FLORIDA
JOB NUMBER
50106.02.00 0006
DATE
8-23-07
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USE
LEGAL DESCRIPTION FOR PARCEL 1 63TCE
A PORTION OF TRACT 111, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED IN PLAT BOOK 4, PAGE 73 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, ,., ". .
, r'
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FOR: COLLIER COUNTY GOVERNMENT
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CONTAINING 1,500 SQUARE FEET, MORE OR LESS. I
o 40 80 160 BY 'I '
I I MICHAEL A. WARD; PROFESSIONAL LAND' 5VRYEYOR
FlORIOA REGISTRATION CERTI'FICATE NO. 53pl '
SIGNING DATE:
NOT VALID WITHOUT THE ORIGINAL SIGNATURE &: RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
SCALE: 1 "=80'
BOARD OF COUNTY COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF:
PROPOSED TEMPORARY CONSTRUCTION EASEMENT
PARCEL 163TCE
COLLIER COUNTY, FLORIDA
JOB NUMBER REVISION SECTION
)50106.02.00 0006 10
SCALE
1" ~ 80'
DATE
10-24-07
O\lTA lNC~on
CONSULTING Civil~
... ~, ,... ... Swvey;og & Mopping
6610 Willow Park DriVe. Sulle 200
Napies. Fiorida34109
Phone: (239) 597-0575 FAX: (239) 597-0578
lBNo.:6952
FILE NAME
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COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
O\lTA lNC,~~oo
CONSULTING CivilEllginecring
... ~, ,A. .... S_&!.lappins
6610 Willow Park Orilla, Sulta 200
Naples, Florida 34109
Phone: (239) 597-0575 FAX: (239) 597-0578
LBNo.:6952
FILE NAME
UN1 SK154FEE
THE EAST 35 FEET OF THE EAST 330 FEET OF SAID TRACT 110.
CONTAINING 11,550 SQUARE FEET, MORE OR LESS.
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT
o
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SCALE: 1"=80'
BOARD OF COUNTY COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 164FEE
COLLIER COUNTY, FLORIDA
JOB NUMBER
J50106,02.00 0006
DATE
8-23-07
SCALE
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LEGAL DESCRIPTION FOR PARCEL 164TCE
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RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE WEST 5 FEET OF THE EAST 40 FEET OF THE EAST 330 FEET OF SAID TRACT 110,
LESS AND EXCEPT;
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CONTAINING 1,500 SQUARE FEET, MORE OR LESS.
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FOR: COLLIER COUNTY GOVERNMENT
o
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BOARD OF COUNTY COMMISSIONERS
BY'
MICHAEL A. WARD, PROFl;:sSrONAI,. ,If\~O .sURVEYOR
~~g~~~ ~I;J~TRATION qR,TIF}CATE NO. 5301
NOT VALID WITHOUT THE ORIGINAL SIGNATURE, &: RAISEO EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER,
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF:
PROPOSED TEMPORARY CONSTRUCTION EASEMENT
PARCEL 164TCE
COLLIER COUNTY, FLORIDA
JOB NUMBER REVISION SECTION
)5010602.00 0006 10
O\lTA lNC.~o
CONSULTING Civil~
... ....., ,~ .... Su<vo,.w. & M.ppiog
6610 Willow Park Drilla, Suite 200
Naples, Florida 34109
Phone: (239) 597-0575 FAX: (239) 597-0578
lB No.: 6952
SCALE
1" ~ 80'
DATE
10-24-07
DRAWN BY
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FEe SIMPl.E
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LEGAL DESCRIPTION FOR PARCEL 165FEE
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RECORDS OF COLliER COUNTY, FLORIDA, LYING IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 26. :EAST, COLliER
COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE EAST 35 FEET OF THE SOUTH ONE HALF OF SAID TRACT 109.
"
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SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT BOARD
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160
,
BY:
MICHAEL A. WAR[I'l PROFESSIONAL LAND SURVEYOR
FLORIDAREGISTRATfQN 'CERTIFICATE NQl '5301'.',
SIGNING OATE:,' !, I , , , , , ' '
NOT VALID WITHOUT THE ORIGJNAl SIGNATURE;& RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER,
CONTAINING 5,775 SQUARE FEET, MORE OR LESS.
SCALE: 1"=80'
OF COUNTY COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 165FEE
COLLIER COUNTY, FLORIDA
JOB NUMBER
150106.02.00 0006
SCALE
1" ~ 80'
DATE
8-23-07
OlXIA lNC.~oo
CONSULTING Civil~
.&. '"' ,~ .... Surveying &:Mapping
6610 Willow Park Drille, Suite 200
Naples. Florida34109
Phone: (239) 597-0575 FAX: (239) 597-0578
LBNo.:6952
FILE NAME
UNl SK165FEE
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USE
TEMPORARY
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EASEMENT
LEGAL DESCRIPTION FOR PARCEL 165TCE
A PORTION OF TRACT 109, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10, TOWNSHIP
COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
IN PLAT BOOK 4,PAGE"'i:i'c)F"THE PUBLIC
49 SOUTH, RANGE 36 EAST, COLLIER
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SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT
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BY:
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FLORIOA REGISTRATION CERTIFICATE NO. 5301
SIGNING DATE:
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
SCALE: 1 ~=BO'
BOARD OF COUNTY COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF:
PROPOSED TEMPORARY CONSTRUCTION EASEMENT
PARCEL 165TCE
COLLIER COUNTY, FLORIDA
JOB NUMBER REVISION SECTION
050106.02,00 0006 REV 3 10
SCALE
1" ~ 80'
DATE
10-24-07
O\lTA lNC'~on
CONSULTING Civil~
... ...., '.L .... Su<ve,m" & MOppWg
6610 Willow Park Orille, Suite 200
Naples, Florida 34109
Phone: (239) 597-0575 FAX: (239) 597-0578
lBNo.:6952
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SCALE
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DATE
8-23-07
O\XT^lNC'~on
CONSULTING Civil~
... ....., U.. .II. Su<v'ymg & Mopping
6610 Willow Park DrJlle, Suite 200
Naples, Florida 34109
Phone: (239) 597"0575 FAX: (239) 597-0578
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COLUER COUNTY, FLORIDA
JOB NUMBER REVISION SECTION
050106.02.00 0006 REV 3 10
SCALE
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DATE
10-24-07
O\lTA lNC'~n
CONSULTING Gvill!ngincerivg
... ~, ,... .... Su<v'yiog & Mappiog
6610 Willow Park Drive, Suite 200
Naples, Florida 34109
Phone: (239) 597-0575 FAX: (239) 597-0578
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SIGNING DATE: . , ,
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PARCEL 167FEE
COLLIER COUNTY, FLORIDA
JOB NUMBER
J50106,02.00 0006
SCALE
1" = 80'
DATE
8-23-07
O\lTA lNC'~wJ.uoo
CONSULTING Civil~
... ....., ,.... .... Su<voying & Mopping
6610 Willow Park Drive, Suite 200
Naples, Florida 34109
Phona: (239) 597-0575 FAX: (239)597-0578
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MICHAEL A. WARD, PROFESSIONAL [.A,NP"SURVEYOR
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SIGNING OATE: '
NOT VALID WITHOUT THE ORIGINAL SIGNATURE, &: RAISEO EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
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SCALE: 1"=80'
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SKETCH & DESCRIPTION OF:
PROPOSED TEMPORARY CONSTRUCTION EASEMENT
PARCEL 167TCE
COLLIER COUNTY, FLORIDA
JOB NUMBER REVISION SECTION
050106.02.00 0006 REV 3 10
SCALE
1" ~ 80'
DATE
10-24-07
O\lTA lN~~aon
CONSULTING Civil~
... "" , ... ... Su<voying & Mapping
6610 Willow Park Drllle. Suite 200
Naples, Florida 34109
Phone: (239) 597-0575 FAX: (239)597-0578
lBNo.:6952
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A FLORIOA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
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CONTAINING 5,775 SQUARE FEET. MORE OR LESS.
SCALE: 1 b=BO'
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SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
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tLIER COUNTY, FLORIDA
NUMBER
?..OO 0006
O\lTAlNC.~
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... ~, ,.... .... Su<v'yiog & Mopping
6610 Willow Park Drille, Suite 200
Naples. Florida 34109
Phone: (239) 597-0575 FAX: (239) 597-0578
LB No.: 6952
SCALE
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DATE
8-.23-07
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FLORIDA REGISTRATION CERTIFICATE NO. 5301
SIGNING DATE:
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
SCALE: 1 b=BO'
BOARD OF COUNTY COMMISSIONERS
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SKETCH & DESCRIPTION OF:
PROPOSED TEMPORARY CONSTRUCTION EASEMENT
PARCEL 16BTCE
COLLIER COUNTY, FLORIDA
JOB NUMBER REVISION SECTION
050106.02.00 0006 REV 3
SCALE
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DATE
10-24-07
O'lTA lNC.~oo
CONSULTING Civil~
...", '.L ... Su<v'yillg&Mopp1ng
6610 WlIIow Park Drille, Suite 200
Naples, Florida 34109
Phone: (239) 597-0575 FAX: (239) 597.0578
LB No.: 6952
FILE NAME SHEET
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INTEREST
LEGAL DESCRIPTION FOR PARCEL 169FEE
A PORTION OF TRACT 107, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10, TOWNSHIP
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SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
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CONSULTING Civil~
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6610 Willow Park Drille, Suile 200
Naples, FlorJda 34109
Phone: (239) 597-0575 FAX: (239) 597-0578
lBNo.:6952
FILE NAME
UN1 SK159FEE
JOB NUMBER
8-23-07
DATE
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SIGNING DATE:
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CONSULTING Civil"Rn .......,.;ng
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6610 Willow ParK Drive, Suite 200
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Phone: (239) 597-0575 FAX: (239) 597-0578
lBNo.:6952
FILE NAME SHEET
UNl SK169TCE OF 1
THE WEST 5 FEET OF THE EAST 40 FEET
LESS AND EXCEPT;
THE NORTH 30 FEET OF SAID TRACT 107
AFOREMENTIONED PLAT),
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT
SCALE: 1 N=BO'
BOARD OF COUNTY COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF:
PROPOSED TEMPORARY CONSTRUCTION EASEMENT
PARCEL 169TCE
COLLIER COUNTY, FLORIDA
JOB NUMBER REVISION SECTION
050106,02,00 0006 REV 3 10
DATE
10-24-07
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COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, . .
THE EAST 35 FEET OF THE EAST ONE HALF OF SAID TRACT 105.
{v(i~~!
BY: . .
CHAEL A. WARD'. PROFESSIONAL LAND SU~\lEYOR
FLORIDA REGISTRATION CERTJFICA1E. NO~ 6301/ '
SIGNING DATE: '
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF
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6610 Willow Park Drille, Suile 200
Naples, Florida 34109
Phone: (239) 597-0575 FAX: (239)597-0578
lBNo.:6952
FILE NAME
UNI SK170FEE
CONTAINING 11,550 SQUARE FEET, MORE OR LESS.
SKETCH & DESCRIPTION ONLY
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FOR: COLLIER COUNTY GOVERNMENT
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JOB NUMBER
150106.02.00 0006
SCALE
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RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE ?~ E~;;T.,,,CO,LLlER
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Phone; (239) 597-0575 FAX: (239) 597-0578
LBNo.:6952
FILE NAME SHEET
UNI SK170TCE OF 1
SCALE: 1 P=8o'
BOARD OF COUNTY COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF:
PROPOSED TEMPORARY CONSTRUCTION EASEMENT
PARCEL 170TCE
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JOB NUMBER REVISION SECTION
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LEGAL DESCRIPTION FOR PARCEL 172SE
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JOB NUMBER
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La No.: 6952
FILE NAME SHEET
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COLLIER BOULEVARD
SKETCH & DESCRIPTION OF:
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COLLIER COUNTY, FLORIDA
PROPOSED SLOPE EASEMENT
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AGENDA ITEM TITLE:
ITEM NO:
1/ /!If 10.0
NAME:
PLEASE PRINT CLEARLY
ADDRESS:
REPRESENTING: PETITIONER
OTHER:
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.
YOU ARE LIMITED TO 3 MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONL Y THE CHAIR.
AGENDA ITEM TITLE:
L-A-N~SC.A-P/I\JG- UA-d~"bJ ~ 7S~ ~ITEMNO: _l 0 D
'l'HIS CO"PLE'I'ED FOR" IS '1'0 BE PLACED III 'l'HE "SPEAKER FOR" BOX" III 'l'HE BOARD ROO" PRIOR '1'0 'l'HE
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REPRESENTING: PETITIONER
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COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING
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CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
YOU ARE LIMITED TO 3 MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONL Y THE CHAIR.
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AGENDA ITEM TITLE: t-I1NbSCI"lf/F ;?/I75;v" f/Lh"u -- f'/'t.Jcf~Z13
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NAME: ~;v~y ~Rj)Olv6 ADDRESS: W~I/.o&-y WAY ~~/J/l/Oa//1LI<::'
" /
REPRESENTING: PETITIONER:E....1'NJ.l,v-4'L;.< )/cJ/J
OTHER:
COLLIER COUNTY ORDINANCE No. 07-24 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, 4TH FLOOR, W. HARMON TURNER BUI~DING, 3301 EAST TAMIAMI TRAil, NAPLES, FL.
You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND ARE To ADDRESS ONLY THE CHAIR.
W Pi D [ l iJ.mfl .to GEJ~ '0".(~~~
AGENDA ITEM TITLE: l-~ /...:d- SC!.-fWL "-v'll --
ITEM NO: J () ,D
OHIS ............ ....... TO BE _ .. n ..
SUBJEct' BEIIIG HEARD. PLACED III 'IHE "SPEAKER FOR" BOX" III 'IHE BOARD
ROO" PRIOR '10 'IHE
NAME '~iA DE.. SGF If>T
ADDRESS: r?t \1,'1 \C, ~,l?n'C.. \?1J02:.-
REPRESENTING: PETITIONER
PLEASE PRINT CLEARLY
L jl) .
OTHER'
COLLIER COUNTY ORDINANCE NO 99-22 RE .
~~~~V~Ti~ST(~~C~~~~NDGA ~~~~~~~~M6T~I~0~~~~~~~~i~~~~~~~~~~~::~bNBgg~~~~~~g~~~~~, ~~~I~~~~Y~~H THE
YOU ARE LIMITED TO 3 MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONL Y THE CHAIR.
i
e
, -
AGENDA ITEM TITLE: L'LY ....J ~ frl .".. N "cY~ ~ ~
(k~pa~-/-
ITEM NO: /(). '1'.
'IHIS CO"PLE'IED FOR" IS '10 BE PLACED III 'IHE "SPEAKER FOR" BOX" III 'IHE BOARD ROO" PRIOR '10 'IHE
SUBJEct' BEIIIG HEARD.
PLEASE PRINT CLEARLY
NAME: ~ ,J = (0 ~ ~ i(j.?',/'
ADDRESS 7 (' z.. y T..-z.... € (" t.J f>' ~'h" v'e....
REPRESENTING: PETITIONER 6' H to C~ tP Y1 e ~ _ '\ OTHER:
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,
YOU ARE LIMITED TO 3 MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONL Y THE CHAIR.
AGENDA ITEM TITLE: '0'\',,"+,' (1(:, i\'\, Y' 1""'''1 fJ" /,: (, 'i,'," l'" ,(
PLEASE PRINT CLEARLY
AGENDA ITEM NUMBER:
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD.
NAME: AI'I L'" t' r:Z (' Re" I,'"
ADDRESS: i' I \e'(v" I, I"~, : I,.', \J,'-'.' /\/, ( (' k i,
REPRESENTING: PETITIONER: ({''II ',,"P,1i ,I,,' 'a 0 c: ''j,': I L, OTHER:
COLLIER COUNTY ORDINANCE No. 07-24 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, 4TH FLOOR, W. HARMON TURNER BUILDING, 3301 EAST T AMIAMI TRAIL, NAPLES, FL.
You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND ARE To ADDRESS ONLY THE CHAIR.
AGENDA ITEM TITLE:
L c) tJS, ef- VAIi 0"/ C D I.-L- / E I?-- :
PHt( .s OtJ ,'5;TA fJJE?5. "fl2-GPE-t:- ~ AGENDA ITEM NUMBER: 10 f:
PLEASE PRINT CLEARLY
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD.
----==- , i / _ . r0!tP Lt 5 PL.
NAME: .' /OJJ.-/iPt?R--~~ ADDRESS: !~50 VVi~tz fH-VE])~ 3/-102.-
{D/JSE'R..VAJJC'( 0 F
REPRESENTING: PETITIONER: ~LJ F<-. OTHER:
COLLIER COUNTY ORDINANCE No, 07-24 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, 4TH FLOOR, W, HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL,
You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND ARE To ADDRESS ONLY THE CHAIR.
AGENDA ITEM TITLE:
s--r A.....-~
'~~'Vv-- )
?HV'>( ~
/
PLEASE PRINT CLEARLY
AGENDA ITEM NUMBER:
10 E
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD.
55'(. /(1"1"- ,Ave, jJ 3'f/oj/
ADDRESS:
B ('....f C ~ vc--A)
NAME:
&f,-t,,;:.. Av..t-'-- S.", .:>/ y
REPRESENTING: PETITIONER: ,
ISTS SHALL BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
COLLIER COUNTY ORDINANCE No. 07-24 REQUIRES THAT ALL LOBBY TY COMMI~SIONERS REGISTER WITH THE CLERK TO THE BOARD AT
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE B~ARD OF WU~ARMON TURNER BUI~DING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL,
THE BOARD MINUTES AND RECORDS DEPARTMENT, 4 FLOOR, .
You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR.
OTHER:
MEMORANDUM
Date:
January 5, 2009
To:
Sue Zimmerman
Real Estate Services
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Mutual General Release
Attached please find one original document, as referenced above
(Agenda Item #10F), approved by the Board of County
Commissioners on Tuesday, December 2, 2008.
Please forward a fully executed and recorded original to the
Minutes and Records Department.
If you should have any questions, please contact me at 252-7240.
Thank you.
l()):F
If[Q}!F
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCO:MPANY ALL ORIGINAL DOCUMENTS SENT TO
TEE BOARD OF COUNTY COMMISSIONERS OmCE FOR SIGNATURE
'1'rilU OD pinl: paper. AltId1 tD origin:ll rl~~' Origin:ll rl~m~" 3lIooJd be iwld dclivercd to the 80ard Office.. '!'h..compld<d rouriJlg ,Up md original
d~~" are tD belixwardodtD the 8oaniOfficc cmly!!l!!:the8oanilw OIb:u.aaioa.on the item.) . .' .
". '. ROUTING SLIP . .
COlllp!coo ltl1Iling _ #llflroughll4 as zppropri2le fbr addilicoai,;~ da=, mdlar iDfumwion necded..lf the rl~~ris aJro:uIy complete with the
dOD atthe n..;,.""",', . dnwalinc t!lrou _ _'1 tbrou 114, !coo the c:lJecl:fut; and forward tDSueffiron (lilIe#S).
Route to Addressee(s) . Office Initials Date
(Lbrinrouth1 onlcr)"'"
1. . ~
---
PRIMARY CONTACT. INFORMATION
(The primory """""" is the balder at the origiDal dacumco' p.....g 8ee 'l'proval. Nommlly the primary CODCIa is the 1'<"00 who crc:m:dIprcparc the executive
!llmZllllIY.l'riDlaty conClCl: iDfcnzwioo is _ in the even< ooe of the odd%== above. including Sue FiJ!on. aced '" COOCla miI fbr addidcaal ar ttlUsiag
iat"amIlltiOll. All origiDal dacumco.. aecdiag the 8ce Cllairmul"!ignonue "" tD be delivered '" the Bee ollie:: only af1.r the Bee Iw oacd tD 'l'PfC"e the
i~)
Name of Primary Staff
Contact
Agenda Date Item was
ved b the BCC
Type of Document
Attached
",0:
2.
3.
4.
5. Sue FrIson., Executive Manager
Board of County Commissioners
6. Minutes and Records
Oerk of Court's Office
Sue.. 2; (Y) f"Y\ef'mo.n
ro-- ~O
M lA.-hxl\ 6em-oJ Re
Phone Number
Agenda Ir.:m Number
Number of Original
Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mati: '"Nt A" in the Not Applicable colwnn. whichever is
1.. Original c:Iocwnent has been sigDedl'mitialed for legal stiffic:iency. (All documents to be
signed by the Chairman, with the exception of most lea=. must be reviewed and signed
liy the Office of the County A=ney. This includes signann-e pages from ordinances,
resolutions. etc. signed by the County AJ:1r:Jr'=f', Office and signature pages from
conlr3ClS. agr>"!!=ts, etc.. that have been fnI1y =uted by all parties except the BCe
Chairman and Clerlc to the Board and I State Official,.)
2. All bandwritten.strila:-tbrough and revisions have been initialed by the County ~y:,
Office and all other arties the BCC Chairman and the Clerk to the Board
3. The Chainpan', ,ignature lIne date has been enr.:red a.s the dale ofBCC approval of the
document or the final ne dared conlr3Cl date wbichever is licable.
4. "Sign here" tab, are placed on the appropriate pages indicating where the Chairman',
si' and initials are
S. In most cases (,ome contraclS an: an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hoen ofBCe approval.
Some documents are time sensitive and reqnire forwarding to Tallahassee within a certain
time frame or the BCC's actions arc nullified. Be aware of our deadlines'
6. The document was approved by the BCC on I (enter date) and all changes
made dnrlng the meeting have been incorpora in the attached docnment. The
Conn Attorn '. Office has reviewed the as, if a liable.
O?5:;?-d'='d~
loF
I
Yes
(Initial)
NlA(Not
liable)
0b
."
~ For=! Couety For=! Bee FocmI Origi.nal D= RDaring Slip WWS Origia1l9.03.04. Revised 1.26.OS. RevUe<! 2.24.0~
lOf
MUTUAL GENERAL RELEASE
1. In exchange for good and valuable consideration, the receipt of which is hereby
acknowledged, CENTEX HOMES, a Nevada general partnership (hereafter "Centex") and the
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereafter the
"County") hereby release and forever discharge each other from any and all claims, entitlements,
causes of action, debts, or any other legal action in law or equity, which were or could have been
raised, and any other cause of action in law or equity that the parties may have against each
other, their agents, employees and principals regarding that certain Agreement for Dedication
dated July 29, 2003 between Centex and the County (the "Agreement"), a true copy of which
being attached hereto and incorporated by reference. This release specifically includes, but is not
limited to, any claim by Centex of entitlement to impact fee credits referenced in the Agreement.
The purpose of this release is for each party to release all of the other parties from any and all
claims or causes of action of any nature from the beginning of the world to the day of these
presents.
2. The acceptance of this General Release and anything contained herein shall not be
construed as an admission or acknowledgment of any liability or wrongdoing by any of the
parties. The parties also agree that this document may be executed in counterparts and
transmitted to one another by facsimile transmission and taken together the faxed counterparts
shall constitute a binding agreement. The parties hereby declare that they have read this Mutual
General Release in its entirety and know the contents thereof, that they have had the benefit of
the advice of independent counsel of our own choosing and that they have signed it as their own
free act and deed.
This Release is understood and agreed to on this ~ day of D~ 2008.
f__"- '
ATTEST: "' .
DWlGHTE. BROCK, CLl~RK
BOARD OF COUNTY COMMISSIONERS
OF COLLIE OUN , FLORIDA
, . . '~
~~
^ . -)':11'
,1 ature on I i-
Ap ove to form
and e lcie
Jeffr A. latzkow
Coun A mey
Witnesses: CENTEX:
lOF
W,itnesses:
I .,
! ~ .( !
,.A" Ii , i. / I)
..~' ~."' ,--," (- ,
,
7
f
(_-- ~~'h t f. /..-./1 f l
CENTEX:
Centex Homes, a Nevada general partnership
By: Centex Real Estate Corporation, a Nevada
corporation, its managing general partner
Print Name
9~-- /(7 C-..-/~
~ 1 /;
:.ju..~~_<; /(, L<..Jlknr-
Print Name
BY:0~~
Name: '0; ( .x;" i. . -\I :rz.
Its: j)\V \?'f'..P.h.
STATE OF r J,
COUNTY OF Co II, <,,/
Before me, the undersigned notary public, appeareltk! c.u:J u i J. <'\-c./, Lu6; .f?,
. /), "<;. ; on p,,.. j /{{,'"f of Centex Real Estate Corporation, managing general partner of Centex
Homes, who is personally known to me or was identified by driver's license, and who
acknowledged freely executing this Release and who took an oath on this ,;? y,cday of
(- 't h, /J~el ,2008. '1
I
N:Ju;;~;~:- h '~:tc;'.q'.t,~",
,:<\ ~~5RA~N'''COVERiNr'.''''1
._' '.;~'~; , Comm# 000521732 i
- ,,,".'t>\~ ::.. .
-:3t}:.::-'1.;~ Expires 2/22/2010 :
""'~~""'\~ , :
;:,;, :~-.\\'_";:- ,,'i:)(jd81 Notary As3l1..loc :
,-",.....",lO..U..................
Printed Name of Notary
My Commission Expires:
r
i:
AGENDA ITEM TITLE:
U t\ (, >" l
Y~{k
AGENDA ITEM NUMBER:
ICJ F
PLEASE PRINT CLEARLY
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD.
Mc~~~yk-
REPRESENTING: PETITIONER: ~ c-'- 4
ADDRESS: )~ O~ r-t,~ ('(4\ I>~ J3Lvl(
'A \l pt OTHER: _Vt \ IA ~ "" I I:h1t-
NAME:
Merk
.#-(t>")
COLLIER COUNTY ORDINANCE No. 07-24 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, 4TH FLOOR, W, HARMON TURNER BUILDING, 3301 EAST T AMIAMI TRAIL, NAPLES, FL.
You ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR.
,Ree .___---./d. <~, ,*'-~,'( ~6 0 C"<c:: eV'k~
'r--, , ,. f
-'-' ..r",-c-t.. "'" - ""', .::;pr-6 -i-;"'" ,,,,. , ITEM NO: (0 F
1>e 1<-<.5 '" I po- IT f:..
"HIS C."PLDED F.R" IS .,. BE PLACED I. "HE "SPEAIIER F.R" B.X" I. "HE B.ARD R.... PRI.R .,. "HE
SUBlEn BEl.. HEARD.
AGENDA ITEM TITLE:
Ie F
PLEASE PRINT CLEARLY
NAME:
~... e.S
Curkar
ADDRESS:
t " c '((c
Ls..t->"-
?o........-c.;u-c...
REPRESENTING: PETITIONER
OTHER: 'Jk (a~o(ffcA-
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,
YOU ARE LIMITED TO 3 MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONL Y THE CHAIR.
AGENDA ITEM TITLE: D I ~fb 'bl~ .tJ\-J <9~ IkhSb \ PCUl.L AGENDA ITEM NUMBER: lor
PLEASE PRINT CLEARLY
(j)
A.J~ leA r
'FL
@
Q)
NAME: J3~r: b B I c:t c t
REPRESENTING: PETITIONER: ~lc;c~ ~ )
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD.
ADDRESS:J ~O{oL{ PQJifly:J, LrI \ f\ht[cS; EL9~ liD
ld~~A1ej1S OTHER:
COLLIER COUNTY ORDINANCE No. 07-24 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
~~~~~~~~' ~~:U~~~ ~~~T~~~~~~~~R:pS::r~;~~, ~~AF~~=,W.U~~~~~NM~~~~~~~U~~~I~~~;~~t~:~;~~~I~E~~~~I~~~~~L:~ ;~,
You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND ARE To ADDRESS ONLY THE CHAIR.
QUITCLAIM DEED
THIS QUITCLAIM DEED executed this _ day of
by
,2008,
COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida,
(hereinafter called the Grantor), to Delasol Homeowners Association, Inc" a not-
for,profit Florida corporation, its successors and assigns, whose post-office
address is
(hereinafter called the Grantee),
(Wherever used herein the terms "Grantor" and "Grantee" include all the
parties to this instrument and their respective heirs, successors and assigns,)
WHEREAS Grantor and Grantee's predecessor-in-title Centex Homes
(hereinafter called the Developer), pursuant to Section 6,14 of Collier Countv
PUD Ordinance 2000-80 (hereinafter called the PUD Commitment), entered Into
that certain Aqreement for Dedication dated Julv 29. 2003 (hereinafter called the
Aqreement) wherein Developer aqreed to dedicate one (1) acre within the
subdivision known as Delasol to be developed bv Grantor as a public park' and
WHEREAS to complete the PUD commitment and to accept the dedication
Developer conveved title to the Park Propertv (as more particularlv described
below) to Grantor pursuant to Warranty Deed recorded at OR, Book 4165, Paqe
122 Collier County, Florida Public Records and
WHEREAS. Section 7 of the Aqreement provides: "If the County. by action of the
Board of County Commissioners. determines not to construct a park on the Park
Property. it will execute an appropriate instrument releasinq the Park Property
from the dedication obliqation": and
WHEREAS. on January 15, 2008. the Board of County Commissioners for Collier
County, Florida voted not to proceed with constructinq a public park on the Park
Property (known as Tract "U", Delasol Phase Two. as further described below)
findinq the public park not to be in the public interest and findinq the PUD
Commitment to be no lonqer necessary: and
WHEREAS. pursuant to Sect,on 7 of the Aqreemenl. Grantor wishes to release
the public park dedication and convey the Park Property to Grantee as
successor-In-title to the Developer.
J].eln lOr
I 2- I 'LJ 0 'i
C l)l)yt V'cp 0 r-fe('
10F i~:~
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCU1\1ENTS SENT TO
THE BOARD OF COUNTY COMl\tfISSIONERS OFFICE FOR SIGNATURE
Prine on piDl: paper. Att>d1to original "~~, Original "~m~'" 3Iwu1d be lwul delivered to ll1e Boaro Office.. =comp!et<d routing sJip ilDd ori!Pnai
"~~"'uetobefutwmled.totlulBoaroOflio:onIy~tlulBoattlhasOlJo:a.action.OI1tlulilcm.) . . .' ..
. . ROUTING SLIP
Camp/co roaling IiDes #1 tItmagh #4... ~ 1br addiliala.l,;gnalIIIl:3. dares, mJjfor iDfomw:iOl1 aecdcd..1f tlul "~';'~;';.:1=dy campI.., >rilb. tlul
,,'..
oi'tbc~'s . dr.o.waline l!IroalZl rouJin.lin..#ll!1roa<h#4, """"'/co ll1e d!ecl:list; ilI1d forward toSueFiJsuD (Jin41S).
Route to Addressee(s) . Office .------- "Initials Date
(Ilst in rculin. order). ::.,.......
L .. ~_/ .
.
--
2. ----~/
., -----
3. . . ------ ..
----/
4.~
So Sue FIlson, Executive Manager Board of County Commissioners . .
6. Minutes and Records Oerie of Court's Office -
PRIMARY CONTACT INFORMATION
~ priDwy c:oucot is lb.e bolder of tlul arigimJ dac:lImeI1' pCIIdiDg Bee appro\':ll. Nanimny clle primary CllI1CICI: is <be peaon ..bo <=IIl:l!/prcpl= clle ==<i...
SllDIIZW)'. Primary COI1l:ICt iDmrmaDon is accded in clle ...., 0lIe of clle -== llbave. including Sue filson. aood la cplltu:tmtr far additiaaal at IDissing
infomwion. All arigiDllJ dacumc1l:l oeeding <be BCC c::hairm;zlI', signa""" "" la b. doUvcred la clle Bee office ouly after clle Bee has:u:lCd la lppro'" <be
item..)
Name of Primary StJIif Sue.- Li""m-uYY\CU) Phone Number <95~- ~~d-
Contact
Agenda Date ltem was De.cemkJer J) dOO8 Agenda Item Number loF
Amlroved by the BCC
Type of Document Quitcloj[Yl Deed Number of Original r
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "NJ A" in the Not Applicable colunm. whichever is Ye$ N1 A (Not
(Initial) Jicable)
1.. Original clocument has been sip:dl"mitialed for legal sUfficiency. (All documents to be
signed by the Chairman, with the exception of most Ietters. must be reviewed and signed
oy the Office of the County AJ11Jrnt=y. This includes signature pages from arr!;".""",",
resolutions, ete. signed by the County AJ11Jrnt=y's Office and signature pages from C;:1
COntraclS, agreements, etc. that bave been folly executed by all parties """"Pt the BCC V' 0-
Chairman and Clerlc to the Board and I State Oflicia!ll.)
2. All baIJdwritten.strilce-throagh and revisions have been initialed by the County 4="y: s ~ r A
Office and all other arties the BCC Chairman and the Clerk to the Board ,~
3. The ~'s signature line date has been entered as the date afBCC approval of the
document or the final ne tiated contract date whichever is Iicable.
4. "Sign here" tabs are pl8ced an the appropriate pages indicating where the Chainnan's
si. and initials are r
5. In most cases (some conlnCtS arc an =ption), the original document and tbis routing slip
should be provided to Sue Filson in the BCC office within 24 baurs ofBCC approval. N .!:1
Some documenlS are time sensitive and require 'forwarding to Tall.ahassee within a certain ' ( I
time frame or the BCC's actions arc nullified. Be aware of our deadlines!
6. The doc:nment was approved by the BCC an I (enter date) and all changes
made during the meeting bave been incorporated in the attached docssment. The ~-
Conn Atto 's Office bas reviewed the .... if a Iic3ble.
!; FonmI Cauacy FonmI Bee ForsmI Original Documcus RDuring Slip WWS Original 9.03.04, Rovised 1.26.05. Revisod 2.24.0'
MEMORANDUM
Date:
December 24, 2008
To:
Sue Zimmerman
Real Estate Services
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Quitclaim Deed
Attached please find one original document, as referenced above
(Agenda Item #10F), approved by the Board of County
Commissioners on Tuesday, December 16, 2008.
Please forward a fully executed and recorded original to the
Minutes and Records Department.
If you should have any questions, please contact me at 252-7240.
Thank you.
IOF H"
lor ,
QUITCLAIM DEED
THIS QUITCLAIM DEED executed this ~ day of ~, 2008, by
COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida,
(hereinafter called the Grantor), to Delasol Homeowners Association, Inc., a not-for-
profit Florida corporation, its successors and assigns, whose post-office address is c/o
Integrated Property Management, 3435 10th Street North #201, Naples, Florida 34103
(hereinafter called the Grantee).
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to
this instrument and their respective heirs, successors and assigns.)
WHEREAS, Grantor and Grantee's predecessor-in-title, Centex Homes (hereinafter
called the Developer), pursuant to Section 6.14 of Collier County PUD Ordinance 2000-
80 (hereinafter called the PUD Commitment), entered into that certain Agreement for
Dedication dated July 29, 2003 (hereinafter called the Agreement) wherein Developer
agreed to dedicate one (1) acre within the subdivision known as Delasol to be
developed by Grantor as a public park; and
WHEREAS, to complete the PUD commitment and to accept the dedication, Developer
conveyed title to the Park Property (as more particularly described below) to Grantor
pursuant to Warranty Deed recorded at O.R. Book 4165, Page 122, Collier County,
Florida Public Records; and
WHEREAS, Section 7 of the Agreement provides: "If the County, by action of the Board
of County Commissioners, determines not to construct a park on the Park Property, it
will execute an appropriate instrument releasing the Park Property from the dedica.tion
obligation"; and
WHEREAS, on January 15, 2008, the Board of County Commissioners for Collier
County, Florida voted not to proceed with constructing a public park on the Park
Property (known as Tract "U", Delasol Phase Two, as further described below), finding
the public park not to be in the public interest and finding the PUD Commitment to be no
longer necessary; and
WHEREAS, pursuant to Section 7 of the Agreement, Grantor wishes to release the
public park dedication and convey the Park Property to Grantee as successor-in-title to
the Developer.
1
lOP MIll
WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars
($10,00) in hand paid by the said Grantee, the receipt whereof is hereby acknowledged,
does hereby remise, release, and quitclaim unto the said Grantee forever, all the right,
title, interest, claim and demand which the said Grantor has in and to the following
described lot, piece or parcel of land situate, lying and being in Collier County, Florida,
to wit:
Tract "U", as depicted on Plat of Delasol Phase Two, Recorded in Plat Book 41, Pages
51 through 55, as recorded in the public records of Collier County, Florida
Subject to easements, restrictions, and reservations of record.
This property may only be used for open space, private recreation or nature
preserve. This covenant shall run with the land.
The Grantor acknowledges by execution of this deed that the dedication of Tract U
for a public park expressed on the Plat of Delasol Phase Two is hereby repudiated. By
acceptanee and recording of this deed, Grantee assumes all responsibility for any future
vacation of this plat dedication, if such vacation becomes necessary,
TO HAVE AND TO HOLD the same together with all appurtenances thereunto
belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity
and claim whatsoever of the said Grantor.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
the day and year first above written.
ATTEST:"," ';,
DWIG~ E. BROCK:'C;LERK
r;,' ","
BOARD OF COUNTY COMMISSIONERS
COLLIER OUNT , FLORIDA
HAIRMAN
By:
<'" ',' - .
.ttest n to 'Ola fr'Mll", >,
'~ ,:',"
slQnature 00.,..(. _""".' ' .
B
Approved as to form and
legal sufficiency:
-tiJ .A- Uo
Heidi Ashton-Cicko
Assistant County Attorney
2
J
AGENDA ITEM TITLE: ED C \Q.~ \ 5 \a~ IJ( rr\- Dt -e J
PLEASE PRINT CLEARLY
AGENDA ITEM NUMBER: \ 0 Gj
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD.
REPRESENTING: PETITIONER:
ADDRESS: ?DSD ~. tf>v~5~ Or. j~ I YJ )l{!o{
OTHER: fOr /
NAME: r\1m )VVlI Q
~ (
-evrv ciX
,
COLLIER COUNTY ORDINANCE No. 07-24 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, 4TH FLOOR, W. HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL.
You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND ARE To ADDRESS ONLY THE CHAIR.
~
AGENDA ITEM TITLE: ~y C Q'rf(Xr3I'~ 50r+.
AGENDA ITEM NUMBER: Ii ~'L (
,
I "'1 "\
1.-' .=; )
i\y
PLEASE PRINT CLEARLY
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD.
/~ 0/ \ ' \7 (.
NAME\<Fr' ~~:\ ',If- IN Ii !tl:~ ADDRESS: ~,() ~ f'~ \"J &';I'(~' \~ :
REPRESENTING: PETITIONER:\!':?) ~\.41 OTHER:
COLLIER COUNTY ORDINANCE No. 07-24 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, 4TH FLOOR, W. HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL.
You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR.
Statutes & Constitution :View Statutes :->2008->Ch0380->Section 04: Online Sunshine Page 1 of2
.>~/;;,:';/o!'f
! ("(.',: .,..i;'(~~:,,, ~~W' rrt;-t;
/(;:'T( /(. 1,::"'::'>J
380.04 Definition of development... 1 0 1_ coer+-
v I(?',por-kY'
(1) The term "development" means the carrying out of any building activity or mining operation, the
making of any material change in the use or appearance of any structure or land, or the dividing of land
into three or more parcels.
(2) The following activities or uses shall be taken for the purposes of this chapter to involve
"development," as defined in this section:
(a) A reconstruction, alteration of the size, or material change in the external appearance of a
structure on land.
(b) A change in the intensity of use of land, such as an increase in the number of dwelling units in a
structure or on land or a material increase in the number of businesses, manufacturing establishments,
offices, or dwelling units in a structure or on land.
(c) Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including any
"coastal construction" as defined in s. 161.021.
(d) Commencement of drilling, except to obtain soil samples, mining, or excavation on a parcel of land.
(e) Demolition of a structure.
(f) Clearing of land as an adjunct of construction.
(g) Deposit of refuse, solid or liquid waste, or fill on a parcel of land.
(3) The following operations or uses shall not be taken for the purpose of this chapter to involve
"development" as defined in this section:
(a) Work by a highway or road agency or railroad company for the maintenance or improvement of a
road or railroad track, if the work is carried out on land within the boundaries of the right-of-way.
(b) Work by any utility and other persons engaged in the distribution or transmission of gas, electricity,
or water, for the purpose of inspecting, repairing, renewing, or constructing on established rights-of-
way any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the like.
This provision conveys no property interest and does not eliminate any applicable notice requirements
to affected land owners.
(c) Work for the maintenance, renewal, improvement, or alteration of any structure, if the work affects
only the interior or the color of the structure or the decoration of the exterior of the structure.
(d) The use of any structure or land devoted to dwelling uses for any purpose customarily incidental to
enjoyment of the dwelling.
http://www.leg.state.l1.us/Statuteslindex.cfm.) Appnlode~Display _ Statute&Search String.., !2/2/2008
GENERAL PROVISIONS
lOJ
1.08.02
1.08.02
within the legally described boundaries of the residential development's lot(s) or parcel (s). Total residential
land area does not include existing platted land area for vehicular rights-of-way, whether public or private, nor
land within a planned unit development district that is to be used for commercial uses, industrial uses, or a use
that has a residential equivalency, except where allowed by the GMP. Total residential land area may include
land submerged beneath an existing freshwater body (e.g., ponds or lakes) so long as evidence of fee
ownership of the submerged lands is provided at the time of development application, but may not include land
submerged beneath tidal water bodies, nor lands considered to be marine wetlands. For purposes of
calculating density the total number of dwelling units may be rounded up to the next whole number if the
dwelling unit total yields a fraction of a unit .5 or greater.
Destination resort hofel: A transient lodging facility (i.e. - less than six months occupancy) where patrons
generally stay for several days in order to utilize, enjoy, or otherwise participate in certain amenities, natural
or man-made, including but not limited to: (i) direct access to the Gulf of Mexico, (ii) on-site golf course and
golf-related facilities, (iii) health spa andlor fitness center, (iv) other recreational amenities and on-site
services, including full dining services and cocktail lounge, entertainment rooms for video and movies, and
concierge services. Except that, for destination resort hotels fronting on the Gulf of Mexico, an on-site golf
course is not required. In all cases, a destination resort hotel must include full dining services and a cocktail
lounge, and not less than 25 percent of the gross floor area must be devoted to common usage and support
service areas, such as but not limited to fitness room, health spa, media room, meeting rooms, dining and
lounge facilities, and spaces in support of hotel functions.
Development The carrying out of any building activity or mining operation, the making of any material
change in the use or appearance of any structure or land, or the dividing of land into 3 or more parcels. The
following activities or uses shall be taken for the purposes of this Code to involve "development":
a. A reconstruction, alteration of the size, or material change in the external appearance of a
structure on land.
b. A change in the intensity of use of land, such as an increase in the number of dwelling units
in a structure or on land or a material increase in the number of businesses, manufacturing
establishments, offices, or dwelling units in a structure or on land.
c. Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including any
"coastal construction" as defined in 9161.021, F.S,
d. Commencement of drilling, except to obtain soil samples, mining, or excavation on a parcel
of land.
e. Demolition of a structure.
f. Clearing of land as an adjunct of construction.
g. Deposit of refuse, solid or liquid waste, or fill on a parcel of land.
Development agreement An agreement regarding the development of property that complies with the
requirements of the Florida Local Government Development Agreement Act, 99163.3220-163.3243, F.S.
Development order. Any order, permit, determination, or action granting, denying, or granting with
conditions an application for any final local development order, building permit, temporary use permit,
temporary construction and development permit, sign permit, well permit, spot survey, electrical permit,
plumbing permit, occupational license, boat dock permit, HVAC permit, septic tank permit, right-of-way permit,
Supp. No. 4
LDC1:19
"...-.....-.-----,.....-..--...-....---.
,
AGENDA ITEM TITLE:
fv~lrc-
W Vv"- """'--I
AGENDA ITEM NUMBER:
1 I
PLEASE PRINT CLEARLY
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD.
Pk/'ll f ~nLO
,
NAME:
ADDRESS:
~I
JA,1 t-- ;.,. Y c "'-
(/
Cf2" -.
REPRESENTING: PETITIONER:
OTHER:
COLLIER COUNTY ORDINANCE No. 07-24 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, 4TH FLOOR, W. HARMON TURNER BUILDING, 3301 EAST T AMIAMI TRAIL, NAPLES, FL.
You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND ARE To ADDRESS ONLY THE CHAIR.
....-'
AGENDA ITEM TITLE:
J ;?;'
I </./1 c
.- I
1 /
Ccrtr7 <l1! C&J ,111'! 'f hI' h "'l/'
,..--/
I'HIS COMPLEI'ED FORM IS 1'0 BE PLACED IN I'HE "SPEAKER FORM BOX" IN I'HE BOARD ROOM PRIOR 1'0 I'HE
SUBJECt' BEIN. HEARD.
./
~.
.I t;7"U c/.J
ITEM NO:
I(
'AM' 1(~t,~~ 4) ~J~iLCAsePRINTCLCARLY
ADDRESS .r,':'~" J2 (C ~A' iA'~!:) .if.~ 3 y II ~
REPRESENTING: PETITIONER
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.
YOU ARE LIMITED TO 3 MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONL Y THE CHAIR.
OTHER:
12 A- ~'0'd
LO ()rt 'j
r.....pifiOl.
NOTICE OF CLOSED ATTORNEY-CLIENT
SESSION
Notice is hereby given that pursuant to Section 286.011(8), Fla Stat., the County Attorney
desires advice from the Board of County Commissioners in closed attorney-client session on
TUESDAY, DECEMBER 2, 2008, at a time certain of 12:00 noon in the Commission
conference room, 3,d Floor, W. Harmon Turner Building, Collier County Government Center,
3301 East Tamiami Trail, Naples, Florida. In addition to Board members, County Manager
James Mudd, County Attorney Jeffrey A. Klatzkow, and Litigation Section Chief Jacqueline
Hubbard will be in attendance. The Board in executive session will discuss:
Strategy session related to litigation expenditures in the pending litigation case of Board of
County Commissioners v. Dwight E. Brock. Clerk of Courts, Case No. 07-1056-CA, now
pending in the Twentieth Judicial Circuit in and for Collier County, Florida.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
by: /s/ Patricia L. Morgan
Deputy Clerk
(SEAL)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Prinl on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
l6A4
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the
exce tion of the Chairman's si nature, draw a line throu h routin lines #1 thrau h #4, com lete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
List in routin order
1.
2.
\4) I~\o r
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Nonnally the primary contact is the person who created/prepared the executive
summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
infonnation. All original documents needing the Bee Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.
Cbe
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
Name of Primary Staff Phone Number
Contact I-\I..\. ~<>v" \I.:l \;2..,\0- "? 1- ~
Agenda Date Item was Agenda [tern Number -4
A roved b the BCC Ie. lie..
Type of Document \\otJ Number of Original I
Attached "l Documents Attached
6. Minutes and Records
Clerk of Court's Office
Yes
(Initial
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (AI! documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages ITom
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
AI! handwritten strike-through and revisions have been initialed by the County Attorney's
Office and al! other arties exce t the BCC Chairm;ffi and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time ITame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the Bee on I:) (enter date) and all changes
made during the meeting have been incorporate in the attached document. The
Coun Attorne's Office has reviewed the chan es, if a licable.
/
//'
N/A is not
an option for
line 6.
I: Forms! County Forms.! BCe Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
2.
3.
4.
5.
6.
zA
MEMORANDUM
Date:
December 5,2008
To:
John Houldsworth, Senior Engineer
Engineering Services Department
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2008-342: Veronawalk Ph 2A
Resolution 2008-343: Veronawalk Ph 2B
Resolution 2008-344: Veronawalk Ph 2C
Enclosed, for your records, please find one copy of the documents
referenced above (Agenda Items #16A4, #16AS & #16A6) adopted
by the Board of County Commissioners on Tuesday, December 2,
2008.
If you should have any questions, please feel free to contact me
at 252-8411.
Thank you.
Enclosures
16A4
RESOLUTION NO. 08- 342
16A4
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL
ACCEPTANCE OF CERTAIN ROADWAY AND
DRAINAGE IMPROVEMENTS IN
VERONA WALK PHASE 2A, ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT
BOOK 42, PAGES 27 THROUGH 30; RELEASE
OF THE MAINTENANCE SECURITY; AND
ACCEPTANCE OF THE MAINTENANCE
RESPONSIBILITY FOR THE ROADWAY AND
DRAINAGE IMPROVEMENTS THAT ARE NOT
REQUIRED TO BE MAINTAINED BY THE
VERONAWALK HOMEOWNERS'
ASSOCIATION, INC.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
September 21,2004 approved the plat of Veronawalk Phase 2A for recording; and
WHEREAS, the Developer has constructed and maintained the roadway and
drainage improvements in accordance with the approved plans and specifications as
required by the Land Development Code (Collier County Ordinance No. 04-41, as
amended); and
WHEREAS, the Developer is requesting final acceptance of the roadway and
drainage improvements and release of his maintenance security; and
WHEREAS, the Engineering Services Section of the Development Services
Department has inspected the roadway and drainage improvements, and is recommending
acceptance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby
granted for those roadway and drainage improvements in Veronawalk Phase 2A, pursuant
to the plat thereofrecorded in Plat Book 42, pages 27 through 30, and the Clerk is hereby
authorized to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the County accept the
future maintenance and other attendant costs for those roadway and drainage
improvements that are not required to be maintained by the Veronawalk Homeowners'
Association, Inc.
This Resolution adopted after motion, second and majority vote favoring same,
this .;;1M day of ~",kl&( , 2008.
DArE:I~I~lo~
ATTEST:
OvnGHTE.BROCK,CLERK
~i:~-(~-
At'ttstL*,',t6eQuty Clerk
S 1 t;h" f 1'1I<1" S
onature on I ,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~
TOM HENNING, C
RMAN
Agenda
Date
(1ofrL} 1
.~~l
~q
Approved as to form and legal
jI~A Cleo
rff--- JeffE. Wright
Assistant Collier County Attorney
Item #
Depu
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A 5
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board OHice. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action Oil the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exee tion of the Chairman's si nature, draw a line thrau h rautin lines #1 throu h #4, com lete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
List in routin order
I.
I~I ~t>8'
2.
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
6. Minutes and Records
Clerk of Court's Office
([he primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chaim\an's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
PRIMARY CONTACT INFORMATION
Phone Number
"'..;>".,
<S +51--
Agenda Item Number
II., A- <;
L\:l\CDd
(J
- 3-1 '?
Number of Origiual
Documents Attached
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever IS Yes N/A(Not
aoorooriate. (Initial) Applicable)
1. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the Bee J1\
Chairman and Clerk to the Board and possibly State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other oarties except the BCC Chainnan and the Clerk to the Board -
3. The Chairman's signature line date has been entered as the date ofBCC approval of the ~D
document or the final negotiated contract date whichever is applicable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's lJ
signature and initials are required.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BeC approval.
Some documents are time sensitive and require foru.rarding to Tallahassee within a certain .-
time frame or the BCe's actions are nullified. Be aware of your deadlines!
6. The document was approved by the BCC 011 I;:)' (enter date) and all changes ~ N/A is not
made during the meeting have been incorporated in the attached document. The an option for
County Attorney's Office has reviewed the changes if applicable. hne 6.
INSTRUCTIONS & CHECKLIST
I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
L~
16A5
MEMORANDUM
Date:
December 5, 2008
To:
John Houldsworth, Senior Engineer
Engineering Services Department
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2008-342: Veronawalk Ph 2A
Resolution 2008-343: Veronawalk Ph 2B
Resolution 2008-344: Veronawalk Ph 2C
Enclosed, for your records, please find one copy of the documents
referenced above (Agenda Items #16A4, #16A5 & #16A6) adopted
by the Board of County Commissioners on Tuesday, December 2,
2008.
If you should have any questions, please feel free to contact me
at 252-8411.
Thank you.
Enclosures
RESOLUTION NO. 08.343
16A5
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL
ACCEPTANCE OF CERTAIN ROADWAY AND
DRAINAGE IMPROVEMENTS IN
VERONA WALK PHASE 2B, ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT
BOOK 42, PAGES 76 THROUGH 79; RELEASE
OF THE MAINTENANCE SECURITY; AND
ACCEPTANCE OF THE MAINTENANCE
RESPONSIBILITY FOR THE ROADWAY AND
DRAINAGE IMPROVEMENTS THAT ARE NOT
REQUIRED TO BE MAINTAINED BY THE
VERONAWALK HOMEOWNERS'
ASSOCIATION, INC.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
December 14, 2004 approved the plat of Veronawalk Phase 2B for recording; and
WHEREAS, the Developer has constructed and maintained the roadway and
drainage improvements in accordance with the approved plans and specifications as
required by the Land Developrnent Code (Collier County Ordinance No. 04-41, as
amended); and
WHEREAS, the Developer is requesting final acceptance of the roadway and
drainage improvements and release of his maintenance security; and
WHEREAS, the Engineering Services Section of the Development Services
Department has inspected the roadway and drainage improvements, and is recommending
acceptance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby
granted for those roadway and drainage improvements in Veronawalk Phase 2B, pursuant
to the plat thereof recorded in Plat Book 42, pages 76 through 79, and the Clerk is hereby
authorized to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the County accept the
future maintenance and other attendant costs for those roadway and drainage
improvements that are not required to be maintained by the Veronawalk Homeowners'
Association, Inc.
This Resolution adopted after motion, second and majority vote favoring same,
this 'J..I\d day of b.t.ON\~r ,2008.
DATE: 12JS1CB
ATTEST: .
DWIGHT E. BROCK, CLERK
~~ \t(~ ~(
'" , . t~ . . . .,Deputy Clerk
'.. .'. .... _J Ui11,'lll4.w
~ l~i/l.'IIl'.HOII .. I
'. ,:JD'r
Approved as to form and legal
sU[Incy: _
~ A (j()
rf,f--- JJffE. Wright
Assistant Collier County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, C AN
I~e",# \~)~
~~~d3 8lat~
~tsM
Depc\y CI~rfi' sIt.-
--.
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A 6
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Otlice. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exee tion of the Chairman's si ature, draw a Hne thrau h routin lines #1 thrau h #4, com lete the checklist, and fOIVIard to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
List in rautin order
1.
1.)..)lJ I ocr
2.
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
(The primary contact is the holder ofllie original document pending Bee approval. Nonnally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chaimlan's signature are to be delivered to the Bee office only after the BeC has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
6. Minutes and Records
Clerk of Court's Office
<;1-$1-
l~' A. 4-
Yes
(Initial)
N/A(Not
A licable)
PRIMARY CONTACT INFORMATION
Phone Number
~
~-
..:1\
L\
--/
N/A is not
an option for
line 6.
btcu \ci.~<i::.O ~_>-I:-\
"
Agenda Item Number
I: Forms! County Forms/ BCe Forms:! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.2.4.05
~ 3L( L(
Number of Original
Documents Attached
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes colunm or mark "N/A" in the Not Applicable colunm, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficieney. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibly State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a hcablc.
"Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BeC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of your deadlines!
The document was approved by the BCC 011 ,;) ~ Jenter date) and all changes
made during the meeting have been incorporateo in the attached document. The
Coun Attorne's Office has reviewed the chan es, if a Hcable.
2.
3.
4.
5.
6.
~<:.
MEMORANDUM
Date:
December 5, 2008
To:
John Houldsworth, Senior Engineer
Engineering Services Department
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2008-342: Veronawalk Ph 2A
Resolution 2008-343: Veronawalk Ph 2B
Resolution 2008-344: Veronawalk Ph 2C
Enclosed, for your records, please find one copy of the documents
referenced above (Agenda Items #16A4, #16A5 & #16A6) adopted
by the Board of County Commissioners on Tuesday, December 2,
2008.
If you should have any questions, please feel free to contact me
at 252-8411.
Thank you.
Enclosures
16A6
RESOLUTION NO. 08_344
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL
ACCEPTANCE OF CERTAIN ROADWAY AND
DRAINAGE IMPROVEMENTS IN
VERONAWALK PHASE 2C, ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT
BOOK 43, PAGES 84 THROUGH 86; RELEASE
OF THE MAINTENANCE SECURITY; AND
ACCEPTANCE OF THE MAINTENANCE
RESPONSIBILITY FOR THE ROADWAY AND
DRAINAGE IMPROVEMENTS THAT ARE NOT
REQUIRED TO BE MAINTAINED BY THE
VERONA WALK HOMEOWNERS'
ASSOCIATION,INC.
16A6
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
March 3, 2005 approved the plat of Veronawalk Phase 2C for recording; and
WHEREAS, the Developer has constructed and maintained the roadway and
drainage improvements in accordance with the approved plans and specifications as
required by the Land Development Code (Collier County Ordinance No. 04-41, as
amended); and
WHEREAS, the Developer is requesting final acceptance of the roadway and
drainage improvements and release of his maintenance security; and
WHEREAS, the Engineering Services Section of the Development Services
Department has inspected the roadway and drainage improvements, and is recommending
acceptance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby
granted for those roadway and drainage improvements in Veronawalk Phase 2C, pursuant
to the plat thereof recorded in Plat Book 43, pages 84 through 86, and the Clerk is hereby
authorized to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the County accept the
future maintenance and other attendant costs for those roadway and drainage
improvements that are not required to be maintained by the Veronawalk Homeowners'
Association, Inc.
This Resolution adopted after motion, second and majority vote favoring same,
this ;;lnd day of .hutJ't'l b.v ,2008.
DATE.: t~l,,;.td3,
A TIEST:
DWlPHT E. BROCK, CLERK
~ti~~~r~~
Attest i, to. Chll f n14n ,
s lqnature co I .
Approved as to form and legal
~Uf wi ncy:
-cU eko
-(tf.- Je f E. Wright
Assistant Collier County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER C UNTY, FLORIDA
IRMAN
r' .
,. ,., I '
1\. :1',(. . _
! [.'. l!-J~J~g
Ii. r..;,". I +~(7
',~~~tJ
I.d')"i.. Usr, . ? LjL,
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.~ r...... .\\., 't,._"
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C", ~.. .....<\0.
..."....1 " .'0)\,)'0
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eo1frJr Coun1:Y
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16A?
Memorandum
To:
Sue Filson, BCC Executive Manager
From:
Lyn M. Wood, C.P.M.~_
Contract Specialist v "'7''-
December 2, 2008
Date:
Subject:
Change Order #3 to Contract for Collier County Inter-Active Growth Model
The subject was approved by the BCC on December 2,2008, Agenda Item l6.A.7. I would appreciate it if you
would obtain Commissioner Henning"s signature and forward to Clerk's Minutes and Records. Please don't
hesitate to call me at extension 2667.
16A7
MEMORANDUM
DATE:
December 5, 2008
TO:
Lyn Wood, Contract Specialist
Purchasing Department
FROM:
Teresa Polaski, Deputy Clerk
Minutes and Records Department
RE:
Change Order #3 to Contract for Collier County Inter-
Active Growth Model
Enclosed, please find a copy, referenced above (Agenda Item #16A7)
approved by the Board of County Commissioners on Tuesday, December
2, 2008.
The original agreement will be held in the Minutes and Records Department
as part of the Board's permanent record.
If you should have any questions, you may contact me at 252-841 I.
Thank you,
Enclosures
CHANGE ORDER
16A7
CHANGE ORDER NO. Three
CONTRACT N0,45-88581
BCC Date: 09/26/2006
Agenda Item: 16A2
TO: Van Buskirk. Rvlfel and Associates. Inc.
100 Estero Boulevard. Suite 434
Fort Mvers Beach. Florida 33931
DATE: October 31. 2008
PROJECT NAME: Collier Countv Inter-Active Growth Model
PROJECT NO.:
Under our AGREEMENT dated September 26. 2006.
You hereby are authorized and directed to make the following change(s) in accordance with
terms and conditions of the Agreement: To increase the time frame associated for the CIGM land use
modeling to be utilized by AIM Engineering & Surveying, Inc., the consultants for the Transportation
Divisions to update to the Long Range Transportation Plan (LRTP).
FOR THE Additive Sum of:
iQ
$200.000.00
$54.000
$0
$254.000.00
Original Agreement Amount
Sum of Previous Changes
This Change Order Add
Present Agreement Amount
The time for completion shall be increased by 150 calendar days due to this Change Order.
Accordingly, the Contract Time is now 28 months 840 calendar days. The substantial completion date
is 1-30-2009 and the final completion date is 2-30-2009. Your acceptance of this Change Order shall
constitute a modification to our Agreement and will be performed subject to all the same terms and
conditions as contained in our Agreement indicated above, as fully as if the same were repeated in
this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement
of any and all claims of the Contractor arising out of or related to the change set forth herein, including
claims for impact and delay costs.
Accepted: November 4. 2008
CONTRACTOR:
Van Buskirk. Rvlfel and Associates. Inc.
OWNER:
BY:~
Carleton Ryffel, AICP, Vice President
By: ~~~
Mike Bosi, AICP, Project Manager
[01 L_
16A7
DEPARTMENT DIRECTOR
By f?~ cL
Randy Cohen
DIVISION ADMINISTRATOR
CONTRACT SPECIALIST
ATTEST:
By ~l/l y(/;~
tYn'&' Wood
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA
~
'~. .....~.Brock,~\2:
. ... tAa
,~..,'I .' ',,'f " , .
.... ,~t.test IS to Ch<<lra.tn ,
. 5 f9n4ture on,.
APJilIQ-v~dAs To Form
and Lega.l Sufficiency
'~:~,~ II Ue
Heidi shtortCicko, Assistant County Attorney
man
Item #
I o A '1--
. P.genda i.:) I J..I () q
Date ~
\ (~Is-ju ~
C.
::' ,.1 L
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
16A9
,hliiJ ')11 pink p:q~lJ'\ILI,jl l(~ ';!i
~illj)k'kd n-"I1III" ':lijl_ll:,l\i'i~!lt!l h\,~:
,!\..- ;kil!'
.! II;,
I,j';'
'i,
illl'l
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates. and/or information needed. If the document is
already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the
checklist, and forward to Suc Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routinj;!; order)
I.
2.
3.
4.
s. Sue Filson, Executive Manager Board of County Commissioners
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original OOcuIllent pending Bee approval. Normally the primary contact is the person who '-Teared/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact stafffor additional or missing
infonnation. All original documents needing the Bee Chairman's signature are to be delivered to the BCC oflice only after the Bee has acted to approve the
item.)
Name of Primary Staff' Mike Bosi Phone Number 252-{iS19
Contact
Agenda Date Item was ~-2()()S Agenda Item Number 16.A.9
Approved by the BCC 11,..O:l-ar
Type of Document Resolution f)B - 3t.JS' Number of Original I
Attached Documents Attached
Initial the Yes column or mark "N/A" in thc Not Applicable column, whichever is Yes N/A (Not
appropriate. (Initial) Applicable)
1. Original document has been signed/initialed for legal sufficiency. (AU documents to be Yes
signed by the Chainnan, with the exception of most letters. must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinanccs.
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possiblv State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attomcy' s Ycs
Office and all other parties exceot the BCC Chainnan and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the yes
docmnent or the final negotiated contract date whichever is applicable.
4. "Sign here" tabs are placed on the appropriatc pages indicating where the Chainnan's Yes
signature and initials are reauired.
5. In most cases (some contracts are an cxception), the original document and this routing slip Yes
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some docmnents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of your deadlines!
INSTRUCTIONS & CHECKLIST
I: Forms'! County Forms! Bee Forms! Original Documents Routing Slip
WWS Original 9.03.04
RESOLUTION NO. 08-
16A 9
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA;
ENDORSING THE CHANGE IN CONTACT PERSON
FOR THE IMMOKALEE ENTERPRISE ZONE
DEVELOPMENT AGENCY (EZDA) FROM THE
DIRECTOR OF THE COMPHERENSIVE PLANNING
DEPARTMENT OF THE COMMUNITY
DEVELOPMENT AND ENVORONMENTAL
SERVICES DIVISION TO THE DIRECTOR OF TH
IMMOKALEE COMMUNITY REDEVELOP ME
AREA (CRA).
WHEREAS, the Immokalee Enterprise Zone Develop nt Agency (EZDA), an
advisory agency to the Board of County Commissioners, was reated by Ordinance Number
95-22; and
WHEREAS, the role of the EZDA is to assist an facilitate the economic development
and opportunities for economic entrepreneurship wit n the Immokalee area; and
WHEREAS, the powers and functions of the EZDA fall within the regulatory
authority of the Executive Office of the Gov rnor, Office of Tourism, Trade and Economic
Development; and
WHEREAS, Paragraph 2. e. 0 the employment contract between the Collier County
Community Redevelopment Agenc Board and Penny Phillippi, Executive Director of the
Immokalee Community Redev opment Area, allows the Director at the direction of the
Collier County Board of ounty Commissioners and the Collier County Community
Redevelopment Agency ard to carry out promotional aspects of the Enterprise Zone which
,
encompasses the Imm7<alee Redevelopment Area; and
,
WHEREA~/the Immokalee Enterprise Zone Development Agency by letter to the
of the Governor, Office of Tourism, Trade and Economic Development,
17, 2008, requested the change in EZDA contact person from the director of
the Com ehensive Planning Department of the Community Development and Environmental
Servi s Division to the Immokalee Community Redevelopment Area Executive Director,
/ 16A 9
B~ COUNTY
,/
NOW, THEREFORE, BE IT RESOLVED BY THE
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
I
The Board of County Commissioners request that the ;fxecutive Office of the
;
I
Governor, Office of Tourism, Trade and Economic Developme;it, change the contact person
/
for the Immokalee Enterprise Zone Development Ajency from the Director of
;
Comprehensive Planning Department of the Communo/ Development and Environmental
I
Services Division to the Director of the Immokalee 9~mmunity Redevelopment Area, Penny
/
Phillippi. /
BE IT FURTHER RESOLVED that thi~solution relating to the request for change
in the EZDA contact person be recorded in t minutes of this Board.
This Resolution adopted after moti n, second and majority vote.
Done this 2nd day of December 2008.
ATTEST:
DWIGHT E. BROCK, CLERK
Approved as to Form
and Legal Sufficiency:
# Marjorie Student tirling
Assistant Coun Attorney
BOARD OF COUNTY COMMISSOINERS
COLLIER COUNTY, FLORIDA
AIRMAN
Teresa L. Polaski
.w..g
From:
Sent:
To:
Subject:
Teresa L. Polaski
Thursday, December 04,200810:17 AM
Henning, Tom
Item #16A9 from 12/2/08 BCC
Good morning,
I wanted to give you a heads up that you wiil be signing this resolution again since the asst. county attorney never signed it,
Margie just initialed it. i took it to her to sign and she said she could not and that a new one wiil need to be prepared and
resigned. She contacted Mike Bosi to prepare a new one and wiil send it down as soon as she signs it. Any questions
please give me a call. Thanks
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T eresa.Po laski@collierclerk.com)
1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO A 9
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TURE
: DIl);; l':q 'i
I:
\j~i "1 ; 'ULl1, -';)
,\,"1"
ROUTING SLIP
Complete routing lines # I Urrough #4 as appropriatc for additional signatures, dates, ,md/or information needed. If the document is
already complete with the exception of the Chainnan's signature, draw a line through routing Iincs #1 Urrough #4. complete the
checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(Lis1 in routing order)
1.
-_..._-------_._~~--_.._._-,.
2.
3.
-
4. --------..----
s. Sue Filson, Executive Manager Board of County Commissioners
PRIMARY CONTACT INFORMATION
(The primary contad is the holdl-'f orlhe original dOl;umenl pending Bee appnwuL Normally the primary l.,'1..mtad is the pt..'Tson who l.Teared/prepared the executive
suumtaI)'. Primary contact information is needed in the event one oflhe addressees above, induding ~t1C hbon, neoo to contact statr for additional or missing
information. All original documents needing the Bee Chairman's signature an.: to h..: delivered 10 thl: Bee om~ only' alter the Bee has ul.1cd to approve the
item.)
Name of Primary Staff Mike Bosi Phone Number 252-6819
Contact
Agenda Date Item was ~-2008 Agenda Item Number l6.A.9
Approved by the BCC 11,01 -or
Type of Document Resolution uB .- 3 '-/ S/" Number of Original I
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not ApplIcable column. whichever is Yes N/A(Not
appropriatc. (Initial) ApplIcable)
1. Original document has been signed/initialed for legal sufficiency. (All documents to be Yes
signed by the Chairn>an. WiUl the exception of most letters. must be rcviewed and signed
by the Office of the County Attorney. TIllS includes signature pages from ordinauces.
resolutions, ctc. signed by the County Attorney's Office aud signature pages from
contracts, agreements, etc that have been fully executed by all parties exccptthe BCC
Chainnan and Clerk to the Board and possiblv State Officials.)
2. All handwritten strike-through and revisions havc been initialed by the County Attorney's Yes
Office and all other parties exeeptthe BCC Chamllan and the Clerk to the Board
3. The Chairman's signature lIne mIte has been entered as the mIte ofBCC approval of the yes
document or the final negotiated contract date whichever is applIcable.
4. "Sign here" tabs arc placed on the appropriate pages indicating where the Chainnan' s Yes
sil?)Ulture and initials are required.
5. In most cases (some contr,lCts are an cxception), the original document ,md this routing slIp Yes
should be provided to Sue Filson in thc BCC office within 2~ hours of BCC approval.
Some docunlcnts arc time sensitive and require foru.'arding to Tallahassee \vithin a certain
time frame or thc BCC's actions are nullilled. Be aware of your deadlInes!
I: Fonnsl County FormsJ HCC Formsi Originall)(k:umcnts Routing Slip
WWS Original 9.03.04
MEMORANDUM
Date: December 8, 2008
To: Mike Bosi, Planning Manager
Comprehensive Planning
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Resolution 2008-345: Immokalee EZDA
Enclosed please find one copy of the document referenced above,
(Agenda Item #16A9), which was approved by the Board of County
Commissioners on Tuesday, December 2, 2008.
If you should have any questions, please contact me at 252-8411.
Thank you.
Enclosure (1)
I6A9
RESOLUTION NO. 08-345
16A9
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA;
ENDORSING THE CHANGE IN CONTACT PERSON
FOR THE IMMOKALEE ENTERPRISE ZONE
DEVELOPMENT AGENCY (EZDA) FROM THE
DIRECTOR OF THE COMPHERENSIVE PLANNING
DEPARTMENT OF THE COMMUNITY
DEVELOPMENT AND ENVORONMENTAL
SERVICES DIVISION TO THE DIRECTOR OF THE
IMMOKALEE COMMUNITY REDEVELOPMENT
AREA (CRA).
WHEREAS, the Immokalee Enterprise Zone Development Agency (EZDA), an
advisory agency to the Board of County Commissioners, was created by Ordinance Number
95-22; and
WHEREAS, the role of the EZDA is to assist and facilitate the economic development
and opportunities for economic entrepreneurship within the Immokalee area; and
WHEREAS, the powers and functions of the EZDA fall within the regulatory
authority of the Executive Office of the Governor, Office of Tourism, Trade and Economic
Development; and
WHEREAS, Paragraph 2. e. of the employment contract between the Collier County
Community Redevelopment Agency Board and Penny Phillippi, Executive Director of the
Immokalee Community Redevelopment Area, allows the Director at the direction of the
Collier County Board of County Commissioners and the Collier County Community
Redevelopment Agency Board to carry out prornotional aspects of the Enterprise Zone which
encompasses the Imrnokalee Redevelopment Area; and
WHEREAS, the Immokalee Enterprise Zone Development Agency by letter to the
Executive Office of the Governor, Office of Tourism, Trade and Economic Development,
dated October 17, 2008, requested the change in EZDA contact person from the director of
the Comprehensive Planning Department of the Community Development and Environmental
Services Division to the Immokalee Community Redevelopment Area Executive Director,
Penny Phillippi.
16A9
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
The Board of County Commissioners request that the Executive Office of the
Governor, Office of Tourism, Trade and Economic Development, change the contact person
for the Immokalee Enterprise Zone Development Agency from the Director of
Comprehensive Planning Department of the Community Development and Environmental
Services Division to the Director of the Immokalee Community Redevelopment Area, Penny
Phillippi.
BE IT FURTHER RESOLVED that this Resolution relating to the request for change
in the EZDA contact person be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this 2nd day of December, 2008.
A TrEST:
~K'CL~
.'. ....., .... .... L
; .,,),~ '
APFb~tgtb~~
andLega~ Sufficiency:
BOARD OF COUNTY COMMISSOINERS
COLLIE:..~~~.rTY, F ORIDA
BY:~
TOM HENN AN
~.
(\
Item# L b ,+'(
Agenda 1;:).1 c) I~
Date ~
2
ITEM NO.: '31-f\2.C,. 011 0'
FILE NO.:
16A 11
RAlifil ~E.()jE~~:
Lit'),!".;! I) :",-i-'.-'-\.--,,~ '~'.'
'-'.'.".,
REQUEST FOR LEGAL SERVICES
17 'do. i? ~j
~ l> ...T
.j,~J()1
V fJ?l. 'Vl,g/
sri
ROUTED TO:
Date:
February 3, 2009
From:
Lyn M. Wood, C.P.M., Contract Specialist
Purchasing Department, Extension 2667
~y
Sc-o ~
1Q.<AL\r-j
~.~
L - I Cj
To:
Office of the County Attorney
Jeff Klatzkow
Re: Contract: 08-5103 "Demolition of Commercial and Residential
Structures"
Contractor: Honc Marine Services d/b/a HONC Destruction
BACKGROUND OF REQUEST:
This Contract was approved by the BCC on December 2,
2008, Agenda Item 16.A.11
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Please forward to BCC for signature after approval. If there are any
questions concerning the document, please contact me. Purchasing would
appreciate notification when the documents exit your office. Thank you.
C: Dave Scribner, Code Enforcement
Margaret Kreynus, TECM/ROWA
RLS # ()1- Nt - 0/101)
CHECKLIST FOR REVIEWING CONTRACTS
Insurance
Insurance Certificate attached?
Insured registered in Florida?
Contract # &/or Project referenced on Certificate?
Certificate Holder name correct (BCC)?
Commercial General Liability
General Aggregate Required $______
Products/Compl/Op Required $_
Personal & Advert Required $
Each OcculTcnce Required $~__../fJ t~
Fire/Prop Damage Required $___ _ ______
Automobile Liability
Bodily Inj & Prop Required $ _;l_Mlk... Provided $_LM..Lk
Workers Compensation
Each accident Required $...L...M' L-L
Disease Aggregate Required $_____
Disease Each Empl Required $____
Umbrella Liability
Each Occurrence Provided $_L_Mi\,-. _
Aggregate Provided $ i_ (
Does Umbrella sufficiently cover any underinsurcd portion?
Professional Liability
Each Occurrence Required $
Per Aggregate Required $___
Other Insurance
Each Occur Type:____ Required $__
County required to be named as additional insured?
County named as additional insured?
Entity Name: 110/,)" NAII.'/Ct..
Entity name correct on contract?
Entity registered with FL Sec. of State?
Indemnification
Does indemnification meet County standards?
Is County indemnifying other party?
Performance Bond
Bond requirement referenced in contract?
lfattaehed, expiration date of bond
Does dollar amount match contract?
Agent registered in Florida?
Signature Blocks
Correct executor name in signature block?
Correct title of executor?
Executor authorized to sign for entity?
Proper number of witnesses/notary?
Authorization for executor to sign, if necessary:
Chairman's signature block?
Clerk's attestation signahlre block?
County Attorney's signature block?
Attachments
Are all required attachments included?
S E k.l/lCfS
d lit let.
, t
Provided $ ? iV\lL-
Provided $ ____~_
Provided $ ~L'-:::___
Provided $ __-.lL__
Provided $ -lflI-rJ!"-"-
Provided $_LIiv\.rL
Provided $ l,
Provided $ l I
Provided $
Provided $
t\~--
--#_u__
16Al1
IICfUC- J2.z;, r,ilu(' ((of)
.........-Yes
_.v'_u Yes
No
No
\,-""Yes
_;..C Yes
Yes
./ Yes
No
No
_~_No
No
Exp. Date -W oC( _
hp. Date .=f.... --
Exp. Date .....
Exp. Date
Exp. Date ___
Exp Date
~/IID'(
Exp Date }l/' "2c./P'1
Exp Date IJ
ExpDate C__
Exp Date _rJ~d~'L
Exp Date____ __ / '_
-i.<"_Yes
No
Exp. Date
Exp. Date
Provided $
.J..C'Yes
iL"_Yes
Exp Date
No
No
'/Ycs
Yes
No
~No
Yes
lLNo
Yes
Yes
No
No
_LYes
Yes
L Yes
>L"_ Y es
No
___.,:No INt p(1t~, IIJP, ,f'liz5-
No
No
_.L"_ Yes
_,-",-Yes
_,-",_Yes
No
No
No
/
,,/ Yes
No -:
-- "
Reviewer Initials: /{);l~
D," "":;J.-11t?fm
04-COA-o/o'3d;2'/i
16Al1
MEMORANDUM
DATE:
February 23, 2009
TO:
Lyn Wood, Contract Specialist
Purchasing Department
FROM:
Martha Vergara, Deputy Clerk
Minutes and Records Department
RE:
Contract: #08-5103
Contractor: Hone Marine Services d/b/a HONC
Destruction, Inc.
Enclosed, please find an original, referenced above (Agenda Item #16All)
approved by the Board of County Commissioners on Tuesday, December
2, 2008.
An original Agreement is being held in the Minutes and Records
Department in the Official Records of the Board's
[fyou should have any questions, you may contact me at 252-7240.
Thank you,
Enclosures
www.sunbiz.org- Department of State
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16Al1
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Florida Profit Corporation
HONC MARINE SERVICES. INC.
Filing Information
Document Number P02000015282
FEI Number 030403713
Date Filed 02/11/2002
State FL
Status ACTIVE
Principal Address
1130 PONDELLA RD.
UNIT#1
CAPE CORAL FL 33909 US
Changed 01/22/2009
fv1<lil_i!1JL AdclrEl_~~
1130 PONDELLA RD.
UNIT#1
CAPE CORAL FL 33909 US
Changed 01/22/2009
Registered Agent Name & Address
MULlCKA. DAVID S
1130 PONDELLA RD
UNIT#1
CAPE CORAL FL 33909
Name Changed: 03/16/2005
Address Changed: 01/22/2009
Officer/Director Detail
Name & Address
Title PT
HONC. JOHN P JR
1130 PONDELLA RD. UNIT # 1
CAPE CORAL FL 33909 US
Title SV
MULlCKA. DAVID S
1130 PONDELLA RD. UNIT # 1
CAPE CORAL FL 33909 US
http://ccfcorp.dos.state.l1.us/scripts/cordet.exc?action=D ETFl L&in~ doc _ number=P02000... 2/18/2009
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Annual Reports
Report Year Filed Date
2007 04/05/2007
2008 03/20/2008
2009 01/22/2009
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02/1-1/2002 D()mestic F'oc;'!
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MEMORANDUM
16All
RECEIVED
FEB - 9 2009
I"Ul"ICI1AllINlJ 01!1""r.
TO: Ray Carter
Risk Management Department
FROM: Lyn M. Wood, C.P.M., Contract Specialist .p A. .
Purchasing Department ryr
DATE: February 3, 2009
RE: Review Insurance for Contract: 08-5103 "Demolition of
Commercial and Residential Structures"
Contractor: Honc Marine Services d/b/a HONC Destruction
This Contract was approved by the BCC on December 2, 2008, Agenda Item
16.A.11
Please review the Insurance Certificates for the above referenced contract. If
everything is acceptable, please forward to the County Attorney for further
review and approval. Also, will you advise me when it has been forwarded.
Thank you. If you have any questions, please contact me at extension 2667.
C:
Dave Scribner, Code Enforcement
Margaret Kreynus, TECM/ROWA
DATE RECEIVED
FEB 0 4 2009
RISK MANAGEMENT (. ~ \ i":',\ I
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16Al1
A G R E E MEN T 08-5103
for
Demolition of Commercial and Residential Structures
THIS AGREEMENT is made and entered into this 2nd day of December, 2008, 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 "County" or "Owner") and Honc Marine Services, Inc. DBA
HONC Destruction, authorized to do business in the State of Florida, whose business address is
1130 Pondella Road, #2, Cape Coral, Florida 33909 (hereinafter referred to as the "Contractor").
WIT N E SSE T H:
1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on December 2,
2008, and terminating December 1, 2009, or until such time as all outstanding Purchase Orders
issued prior to the expiration of the Agreement period have been completed. This contract shall
have three one (1) year renewals, renewable annually. The County Manager, or his designee,
may, at his discretion, extend the Agreement under all of the terms and conditions contained in
this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee,
shall give the Contractor written notice of the County's intention to extend the Agreement term not
less than ten (10) days prior to the end of the Agreement term then in effect.
2. STATEMENT OF WORK: The Board of County Commissioners deemed three (3) firms to be pre-
qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to
provide complete services for demolition of commercial and residential structures on an as-
needed basis as may be required by the Owner in accordance with the terms and conditions of
Bid #08-5103 and the Contractor's proposal, which is incorporated herein by reference and made
an integral part of this Agreement. Seventy percent (70%) of the Work shall be self-performed by
the Contractor.
The execution of this Agreement shall not be a commitment to the Contractor that any work will be
awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the
Quotation procedure outlined in the next paragraph and all Work undertaken by Contractor for
Owner pursuant to this Agreement and that procedure during the term and any extension of the
term of this Agreement.
The Owner shall provide a summary of Work to be performed which will afford the Contractors the
opportunity to submit a formal quotation for the Work; the Contractor shall respond with the
information sought within seven (7) working days. For all projects, competitive quotes shall be
solicited from all selected firms. Contractor shall provide unit pricing, based on the unique nature
of each demolition. Pricing shall be based on the unit pricing provided in its proposal, attached
hereto as Exhibit A, incorporated herein by reference and made an integral of this Agreement. A
Purchase Order and Notice to Proceed shall be issued to authorize the Work.
In each Request for Quotation, the Owner reserves the right to specify the period of completion
and the collection of liquidated damages in the event of late completion.
3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work
pursuant to the quoted unit pricing offered by the Contractor in his response to a specific Request
for Quotation.
Page -1-
16Al1
Any County agency may utilize the services offered under this contract, provided sufficient funds
are included in its budget(s).
4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to
the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following Contractor's address of record:
Honc Marine Services, Inc. DBA HONC Destruction
1130 Pondella Road, #2
Cape Coral, Florida 33909
Attention: David Mulicka, President
Telephone: 239-772-2378
Facsimile: 239-772-4414
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
County's address of record:
Collier County Government Complex
Purchasing Department
3301 East Tamiami Trail
Purchasing Building G
Naples, Florida 34112
Attention: Stephen Y. Carnell
Purchasing/General Services Director
Phone: 239-252-8371
Fax: 239-252-6584
The Contractor and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Service Agreement must be in writing.
5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but is responsible for acquiring all
permits. Owner may require the Contractor to deliver internal budget transfer documents to
applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued by
Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales,
consumer, use and other similar taxes associated with the Work or portions thereof, which are
applicable during the performance of the Work.
Page -2-
16Al1
7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any persorr-to use in any
manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any
such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours
after receiving notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured. The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County.
9. TERMINATION: Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of this Agreement, the County may terminate
said Agreement immediately for cause; further the County may terminate this Agreement for
convenience with a seven (7) day written notice. The County shall be sole judge of non-
performance.
10. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
11. INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General Liabilitv: Coverage shall have minimum limits of $2,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This shall include Premises and Operations; Independent contractors; Products and
Completed Operations and Contractual Liability.
B. Business Auto Liabilitv: Coverage shall have minimum limits of $2,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-
Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws. The coverage must include Employers'
Liability with a minimum limit of $1,000,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. Renewal certificates shall be
sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day
notification to the County in the event of cancellation or modification of any stipulated
insurance coverage.
Contractor shall insure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions.
Page -3-
16All
-
12. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor shall
indemnify and hold harmless Collier County, its officers and employees from any and all
liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees
and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the
performance of this Agreement. This indemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of
Collier County.
13. PAYMENTS. The Contractor will be paid upon completion in accordance with Chapter 218,
Florida Statutes, also known as the Local Government Prompt Payment Act.
14. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or
portions thereof, because of defective or incomplete work, outstanding punch list items,
subsequently discovered evidence or subsequent inspections. The Owner may nullify the
whole or any part of any approval for payment previously issued and Owner may withhold any
payments otherwise due Contractor under this Agreement or any other agreement between
Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it
from loss because of: (a) defective Work not remedied; (b) third party claims failed or
reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make
payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt
that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable
indication that the Work will not be completed within the Contract Time; (f) unsatisfactory
prosecution of the Work by the Contractor; or (g) any other material breach of the Contract
Documents.
If any conditions described above are not remedied or removed, Owner may, after three (3)
days written notice, rectify the same at Contractor's expense. Owner also may offset against
any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor
to Owner, whether relating to or arising out of this Agreement or any other agreement between
Contractor and Owner.
15. CONTRACT TIME AND TIME EXTENSIONS.
A. Time is of the essence in the performance of any Work under this Agreement and Contractor
shall diligently pursue the completion of the Work and coordinate the Work being done on the
Project by its subcontractors and materialmen, as well as coordinating its Work with all work of
others at the Project Site, so that its Work or the work of others shall not be delayed or
impaired by any act or omission by Contractor. Contractor shall be solely responsible for all
construction means, methods, techniques, sequences, and procedures as well as coordination
of all portions of the Work under the Contract Documents, and the coordination of Owner's
supplies and contractors.
B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as
a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or
neglect, including but not restricted to acts of Nature or of the public enemy, acts of
Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor
shall notify the Owner in writing within forty-eight (48) hours after the commencement of such
Page -4-
16All
delay, stating the cause or causes thereof, or be deemed to have waived any right which
Contractor may have had to request a time extension.
C. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the Work from any cause whatever, including those for which Owner may be
responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to
any right to damages or additional compensation from Owner. Contractor expressly
acknowledges and agrees that it shall receive no damages for delay. Contractor's sole
remedy, if any, against Owner will be the right to seek an extension to the Contract Time;
provided, however, the granting of any such time extension shall not be a condition precedent
to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply
to claims for early completion, as well as to claims based on late completion.
16.CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the
Work to increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as a
result of the change. Except in an emergency endangering life or property, or as expressly set
forth herein, no addition or changes to the Work shall be made except upon written order of
Owner, and Owner shall not be liable to the Contractor for any increased compensation
without such written order. No officer, employee or agent of Owner is authorized to direct any
extra or changed work orally. Any modifications to this Contract shall be in compliance with the
County Purchasing Policy and Administrative Procedures in effect at the time such
modifications are authorized.
A Change Order in the form attached as Exhibit B to this Agreement, shall be issued and
executed promptly after an agreement is reached between Contractor and Owner concerning
the requested changes. Contractor shall promptly perform changes authorized by duly
executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the
Change order in the manner as Owner and Contractor shall mutually agree.
17.COMPLlANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all
federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements
applicable to the Project, including but not limited to those dealing with taxation, workers'
compensation, equal employment and safety (including, but not limited to, the Trench Safety
Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at
variance therewith, it shall promptly notify Owner in writing.
18.CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor shall
remove all debris, rubbish and waste materials from and about the Project site, as well as all
tools, appliances, construction equipment and machinery and surplus materials, and shall
leave the Project site clean and ready for occupancy by Owner.
19.ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or
any part thereof, it shall require that its assignee be bound to it and to assume toward
Contractor all of the obligations and responsibilities that Contractor has assumed toward
Owner.
20. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any materialmen supplying materials, equipment or
fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials
Page -5-
16 A 11
and equipment furnished under the Contract Documents shall be new unless otherwise
specified, and that all Work shall be of good quality, free from all defects and in conformance
with the Contract Documents.
Contractor further warrants to Owner that all materials and equipment furnished under the
Contract Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers, fabricators,
suppliers or processors except as otherwise provided for in the Contract Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after receipt of
written notice from Owner. Contractor shall also be responsible for and pay for replacement or
repair of adjacent materials or Work which may be damaged as a result of such replacement
or repair. These warranties are in addition to those implied warranties to which Owner is
entitled as a matter of law.
21.STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The
Contractor shall employ people to work on County projects who are neat, clean, well-groomed
and courteous. Subject to the American with Disabilities Act, Contractor shall supply
competent employees who are physically capable of performing their employment duties. The
County may require the Contractor to remove an employee it deems careless, incompetent,
insubordinate or otherwise objectionable and whose continued employment on Collier County
projects is not in the best interest of the County.
22. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules
or regulations of any public authority having jurisdiction over the Project requires any portion of
the Work to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish to the Owner the
required certificates of inspection, testing or approval. All inspections, tests or approvals shall
be performed in a manner and by organizations acceptable to the Owner.
23. PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such
loss or damage until final payment has been made. If Contractor or anyone for whom
Contractor is legally liable is responsible for any loss or damage to the Work, or other work or
materials of Owner or Owner's separate contractors, Contractor shall be charged with the
same, and any monies necessary to replace such loss or damage shall be deducted from any
amounts due Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that
will endanger the structure, nor shall Contractor subject any part of the Work or adjacent
property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the Owner with respect to the
Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally
liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The
Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by
Owner associated therewith.
24. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons
or the Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner is obligated to act to prevent threatened damage, injury
Page -6-
16Al1
or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the
occurrence of the emergency, if Contractor believes that any significant changes in the Work
or variations from the Contract Documents have been caused thereby.
If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a Change Order shall be issued to document the
consequences of the changes or variations.
If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor
shall be deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
25. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner)
is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or
such designated portion) is substantially complete. Within a reasonable time thereafter, Owner
and Contractor shall make an inspection of the Work (or designated portion thereof) to
determine the status of completion. If Owner does not consider the Work (or designated
portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons
therefor.
Owner shall have the right to exclude Contractor from the Work and Project site (or designated
portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor
reasonable access to complete or correct items on the tentative punch list.
Upon receipt of written certification by Contractor that the Work is completed in accordance
with the Contract Documents and is ready for final inspection and acceptance, Owner will
make such inspection and, if Owner finds the Work acceptable and fully performed under the
Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit C,
recommending that on the basis of his observations and inspections, and the Contractor's
certification that the Work has been completed in accordance with the terms and conditions of
the Contract Documents, that the entire balance found to be due Contractor is due and
payable. Final payment shall not become due and payable until Contractor submits:
(1) If required by Owner, other data establishing payment or satisfaction of all obligations,
such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the
extent and in such form as may be designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination as to
the acceptability of the Work. Unless and until the Owner is completely satisfied, the final
payment shall not become due and payable.
26. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to
Proceed to be issued by the Owner. Contractor shall commence the work within five (5)
calendar days from the Commencement Date. No Work shall be performed at the Project site
prior to the Commencement Date. Any Work performed by Contractor prior to the
Commencement Date shall be at the sole risk of Contractor.
The Work shall be substantially completed within the time specified in the Request for
Quotation. The date of substantial completion of the Work (or designated portions thereof) is
the date certified by the Owner when construction is sufficiently complete, in accordance with
the Contract Documents, so Owner can occupy or utilize the Work (or designated portions
Page -7-
16Al1
.. -
thereof) for the use for which it is intended. The Work shall reach final completion and be
ready for final acceptance by Owner within the time specified in the Request for Quotation.
Owner and Contractor recognize that since time is of the essence for any work under this
Agreement, Owner will suffer financial loss if the Work is not substantially completed within the
time specified in the Request for Quotation. Should Contractor fail to substantially complete
the Work within the specified time period, Owner shall be entitled to assess as liquidated
damages, but not as a penalty, the amount specified in the Request for Quotation for each
calendar day thereafter until substantial completion is achieved.
Contractor hereby expressly waives and relinquishes any right which it may have to seek
characterize the above noted liquidated damages as a penalty, which the parties agree
represents a fair and reasonable estimate of the Owner's actual damages at the time of
contracting if Contractor fails to substantially complete the Work in a timely manner.
When any period of time is referenced by days herein, it shall be computed to exclude the first
day and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction,
such day shall be omitted from the computation, and the last day shall become the next
succeeding day which is not a Saturday, Sunday or legal holiday.
27.CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Code Enforcement Department.
28. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set
out verbatim, including: Contractor's Proposal, Insurance Certificate, Bid No. 08-5103, any
addenda, any Quotation made or issued pursuant to this Agreement, and any related plans or
specifications for any such Quotations or Work Orders and Exhibits.
29. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall
offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value
to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County
Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this
provision may result in one or more of the following consequences: a. Prohibition by the
individual, firm, and/or any employee of the firm from contact with County staff for a specified
period of time; b. Prohibition by the individual and/or firm from doing business with the County
for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes;
and, c. immediate termination of any contract held by the individual and/or firm for cause.
30.SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the
parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
31. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the Work.
No markup shall be applied to sales tax.
32. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully responsible
Page -8-
16Al1
for complying with the provisions of the Immigration Reform and Control Act of 1986 as located
at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure
by the Contractor to comply with the laws referenced herein shall constitute a breach of this
agreement and the County shall have the discretion to unilaterally terminate this agreement
immediately.
33. VENUE: Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
34.0FFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages
and agrees to the successful proposer extending the pricing, terms and conditions of this
solicitation or resultant contract to other governmental entities at the discretion of the
successful proposer.
35.AGREEMENT TERMS:
otherwise unenforceable,
remain in effect.
If any portion of this Agreement is held to be void, invalid, or
in whole or in part, the remaining portion of this Agreement shall
36. KEY PERSONNEUPROJECT STAFFING: The proposer's personnel and management to be
utilized for this project shall be knowledgeable in their areas of expertise. The County reserves
the right to perform investigations as may be deemed necessary to insure that competent
persons will be utilized in the performance of the contract. Selected firm shall assign as many
people as necessary to complete the project on a timely basis, and each person assigned shall
be available for an amount of time adequate to meet the dates set forth in the Project
Schedule. Firm shall not change Key Personnel unless the following conditions are met: (1)
Proposed replacements have substantially the same or better qualifications and/or experience.
(2) that the County is notified in writing as far in advance as possible. Firm shall make
commercially reasonable efforts to notify Collier County within seven (7) days of the change.
The County retains final approval of proposed replacement personnel.
Page -9-
16Al1
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
ATTEST. . . ,,', . f'1 < ^
. " '.. . .," .~(;
Dwight E, 8;r6ck, Clerk of:
"",. ,..*:" I
By: ..
:, .;.""
.t!. ; ,a
Dated: Ikh : 0(;.
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. ".,~'i:'
milt II " 1.... ,
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First Witness
~&-/l~~
Type/Print Witness Name
~~~
Second Witness
CAd2_L W. KI5UT67EH
Type/Print Witness Name
Approved as to form and
le;S:7;nj? i~l ~
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By;.:_~ i'
Tom Hennin ,C a rman
DBA HONC Destruction
By:
David Mulicka
Typed Signature
President
Title
Page -10-
EXHIBIT A
16Al1
BID #08-5103
Demolition of Commercial/Residential Structures
NO. ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL
1 Sinale Slorv Frame Structure, 1500SF or Less 1500 SF $2.24 $3,360.00
2 Single Slorv Frame Structure, 1501SF or More 1501 SF $2.10 $3,152.10
3 Multiple Slorv Frame Struclure, 2500SF or Less 2500 SF $2.15 $5.375.00
4 Multiple Storv Block Structure, 2501SF or More 2501 SF $2.54 $6,352.54
5 Single Story Block Structure, 1500SF or Less 1500 SF $2.29 $3.435.00
6 Sinale Storv Block Structure, 1501SF or More 1501 SF $2.14 $3.212.14
7 Multiple Story Block Structure, 2500SF or Less 2500 SF $2.35 $5.875.00
8 Multiple Storv Frame Structure. 2501SF or More 2501 SF $2.22 $5,552.22
9 Mobile Home 760 SF $2.50 $1.900.00
Charge in the Event Structure has Friable Asbestos- to
include ensite Asbestos Supervisor and all written
10 reports 1500 SF $2.50 $3.750.00
Charge in the Event Structure has Non-Friable Asbestos
11 to include onsile Asbestos Suoervisor 1500 SF $1.00 $1,500.00
12 Removal of Debris/Materials/Litter (Other Than Tires) 50 CY $17.00 $850.00
Removal of Hazardous Materials (e9: paint cans,
13 chemicals) 20 CY $17.00 $340.00
14 Removal of Tires 50 EA $5.00 $250.00
Removal of Septic Tank (Other Than Initial Tank Which
15 is Included in the Cost of Demolition) 1 EA $250.00 $250.00
Removal of Swimming Pool (In-Ground)/Dirt-Gravel fill to
16 level lot 500 SF $3.90 $1,950.00
Removal of Fencing, All Types (Does Not Include Any
17 Security Fences) 1 LF $1.00 $1.00
18 Concrete Block Structural Cuts and Restoration 1 LF $3.00 $3.00
19 Slab Cuts Less Than 6" in Deoth 1 EA $400.00 $400.00
20 Slab Cuts Greater Than 6" in Depth 1 EA $1,000.00 $1,000.00
21 Electrician 1 HR $60.00 $60.00
22 Fumigation 1 EA $200.00 $200.00
23 Rodent Control 1 EA $200.00 $200.00
24 Bee Hive Removal 1 EA $300.00 $300.00
25 Chain link Security Fence Provided and Installed 1 LF $400.00 $400.00
26 Removal of Driveway !\Pron 1 LF $10.00 $10.00
27 Removal of Mail Box 1 EA $5.00 $5.00
28 Well Capped (bv licensed contractor) 1 EA $300.00 $300.00
29 CaD Sewer Line 1 EA $100.00 $100.00
TOTAL BASE BID $50,083.00
Awarded Contractor, on any project, must bequallfled and directly responsible for seventy percent
(70%) or more ofthe Bidamountfor said wor!<.
Pennittlng costs are the responsibility of the Contractor (with the exception of D.E.P.)
Page -11-
IbAl1
EXHIBIT B
CHANGE ORDER
CHANGE ORDER NO.
CONTRACT NO. 08-5103
TO:
DATE:
PROJECT NAME:
PROJECT NO.:
Under our AGREEMENT dated
,200_.
You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions
of the Agreement:
FOR THE (Additive) (Deductive)
Sum oT: $
($
Original Agreement Amount $
Sum oT Previous Changes $
This Change Order (Add) (Deduct) $
Present Agreement Amount $
The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly.
the Contract Time is now L--..J calendar days. The substantial completion date is and the
final completion date is Your acceptance of this Change Order shall constitute a modification to our
Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above,
as fully as jf the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and
final settlement oT any and all claims of the Contractor arising out oT or related To the change set Torth herein, including claims
for impact and delay costs.
Accepted:
,200_
CONTRACTOR:
By:
OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Page -12-
16All
EXHIBIT C
CERTIFICATE OF FINAL COMPLETION
OWNER'S Project No.
PROJECT:
ENGINEER'S Project No.
CONTRACTOR
Contract For
Contract Date
This Certificate of Final completion applies to all Work under the Contract documents.
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be
finally complete in accordance with the contract documents on:
DATE OF FINAL COMPLETION
Executed by Design Professional on
,200_
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Final Completion on
200
Page -13-
16All
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Final Completion on
200
OWNER
By:
Type Name and Title
Page -14-
16All
From:ALAN WI LLIAMS ASSOC
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Alan Williams 81 A$:soc:iates Insut'~'nce Agency lnc ONLYANOCONFERSNORIGtff$OPONTHEOERTIF1CATE
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to tht: Board Office. The completed routing slip and original
documents are to be forwarded to the Board Oflice only after the Board has taken action on the item.)
16Al1
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dales, and/or information needed. If the document is already complete with the
excention oflhe Chairman's sij2:nature, draw a line through routinQ lines #1 throuQh #4, conmlete the checklist, and forward to Sue Filson line #51.
Route to Addressee(s) Office Iuitials Date
(List in routiM order)
1.
2.
3.
4. Scott Teach, Deputy County Attorney County Attorney SRT 2-10-09
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one orthe addressees above, including Sue Filson, need to contact staff tor additional or missing
information. All original documents needing the BCe Chairman's signature are to be delivered to the BeC office only after the BCe has acted to approve the
item.)
Name of Primary Staff Lyn W. Wood, Contract Specialist Phone Number 252-2667
Contact
Agenda Date Item was December 2, 2008 Agenda Item Number l6.A.ll
Aooroved bv the BCC
Type of Document Contract 08-5103 Cross Environmental Number of Original Two
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro nate.
1. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exceptIOn of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
2. All handwritten sttike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the SRT
document or the final ne otiated contract date whichever is a licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's SRT
si nature and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip
shonld be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6. The document was approved by the BCC on 12-2-08 and all changes made during the SRT
meeting have been incorporated in the attached document. The County Attorney's
Offiee has reviewed the chan es, if a licable.
N/A(Not
A licable)
SRT
SRT
I: Forms! County Formsl Bec Forms/ Original Documents Routing Slip WWS OriginaI9.0J.04, Revised 1.26.05, Revised 2.24.05
09-PRC-OJ097/2
16Al1
MEMORANDUM
DATE:
February 23, 2009
TO:
Lyn Wood, Contract Specialist
Purchasing Department
FROM:
Martha Vergara, Deputy Clerk
Minutes and Records Department
RE:
Contract: #08-5103
Contractor: Cross Environmental Services, Inc.
Enclosed, please find an original, referenced above (Agenda Item #16All)
approved by the Board of County Commissioners on Tuesday, December
2, 2008.
An original Agreement is being held in the Minutes and Records
Department in the Official Records of the Board's
If you should have any questions, you may contact me at 252-7240.
Thank you,
Enclosures
16Al1
A G R E E MEN T 08-5103
for
Demolition of Commercial and Residential Structures
THIS AGREEMENT is made and entered into this 2nd day of December, 2008, 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 "County" or "Owner") and Cross Environmental Services, Inc.,
authorized to do business in the State of Florida, whose business address is P.O. Box 1299,
Crystal Springs, Florida 33524 (hereinafter referred to as the "Contractor").
WIT N E SSE T H:
1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on December 2,
2008, and terminating December 1, 2009, or until such time as all outstanding Purchase Orders
issued prior to the expiration of the Agreement period have been completed. This contract shall
have three one (1) year renewals, renewable annually. The County Manager, or his designee,
may, at his discretion, extend the Agreement under all of the terms and conditions contained in
this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee,
shall give the Contractor written notice of the County's intention to extend the Agreement term not
less than ten (10) days prior to the end of the Agreement term then in effect.
2. STATEMENT OF WORK: The Board of County Commissioners deemed three (3) firms to be pre-
qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to
provide complete services for demolition of commercial and residential structures on an as-
needed basis as may be required by the Owner in accordance with the terms and conditions of
Bid #08-5103 and the Contractor's proposal, which is incorporated herein by reference and made
an integral part of this Agreement. Seventy percent (70%) of the Work shall be self-performed by
the Contractor.
The execution of this Agreement shall not be a commitment to the Contractor that any work will be
awarded to the Contractor. Rather, this Agreement govems the rights and obligation of the
Quotation procedure outlined in the next paragraph and all Work undertaken by Contractor for
Owner pursuant to this Agreement and that procedure during the term and any extension of the
term of this Agreement.
The Owner shall provide a summary of Work to be performed which will afford the Contractors the
opportunity to submit a formal quotation for the Work; the Contractor shall respond with the
information sought within seven (7) working days. For all projects, competitive quotes shall be
solicited from all selected firms. Contractor shall provide unit pricing based on the unique nature
of each demolition. Pricing shall be based on the unit pricing provided in its proposal, attached
hereto as Exhibit A, incorporated herein by reference and made an integral of this Agreement., A
Purchase Order and Notice to Proceed shall be issued to authorize the Work.
In each Request for Quotation, the Owner reserves the right to specify the period of completion
and the collection of liquidated damages in the event of late completion.
3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work
pursuant to the quoted unit pricing offered by the Contractor in his response to a specific Request
for Quotation.
Page -1-
164\11
Any County agency may utilize the services offered under this contract, provided sufficient funds
are included in its budget(s).
4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to
the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following Contractor's address of record:
Cross Environmental Services, Inc.
P.O. Box 1299
Crystal Springs, Florida 33524
Attention: Clyde A Biston, President
Telephone: 813-783-1688
Facsimile: 813-788-9114
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
County's address of record:
Collier County Government Complex
Purchasing Department
3301 East Tamiami Trail
Purchasing Building G
Naples, Florida 34112
Attention: Stephen Y. Carnell
Purchasing/General Services Director
Phone: 239-252-8371
Fax: 239-732-0844
The Contractor and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Service Agreement must be in writing.
5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but is responsible for acquiring all
permits. Owner may require the Contractor to deliver internal budget transfer documents to
applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued by
Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales,
consumer, use and other similar taxes associated with the Work or portions thereof, which are
applicable during the performance of the Work.
Page -2-
16All
7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any
manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any
such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours
after receiving notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured. The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County.
9. TERMINATION: Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of this Agreement, the County may terminate
said Agreement immediately for cause; further the County may terminate this Agreement for
convenience with a seven (7) day written notice. The County shall be sole judge of non-
performance.
10. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
11. INSURANCE: The Contractor shall provide insurance as follows:
, -\:""
,"IcY
A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This shall include Premises and Operations; Independent contractors; Products and
Completed Operations and Contractual Liability.
-.J ',iJ
B. Business Auto Liabilitv: Coverage shall have minimum limits of $2,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-
Ownership.
./
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws. The coverage must include Employers'
Liability with a minimum limit of $1 ,0pel,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Addition~lnsured on the Comprehensive General
Liability. -/
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. Renewal certificates shall be
sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day
notification to the County in the event of cancellation or modification of any stipulated
insurance coverage.
Contractor shall insure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions.
Page -3-
16Al1
12. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor shall
indemnify and hold harmless Collier County, its officers and employees from any and all
liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees
and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the
performance of this Agreement. This indemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of
Collier County.
13. PAYMENTS. The Contractor will be paid upon completion in accordance with Chapter 218,
Florida Statutes, also known as the Local Government Prompt Payment Act.
14. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or
portions thereof, because of defective or incomplete work, outstanding punchlist items,
subsequently discovered evidence or subsequent inspections. The Owner may nullify the
whole or any part of any approval for payment previously issued and Owner may withhold any
payments otherwise due Contractor under this Agreement or any other agreement between
Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it
from loss because of: (a) defective Work not remedied; (b) third party claims failed or
reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make
payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt
that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable
indication that the Work will not be completed within the Contract Time; (f) unsatisfactory
prosecution of the Work by the Contractor; or (g) any other material breach of the Contract
Documents.
If any conditions described above are not remedied or removed, Owner may, after three (3)
days written notice, rectify the same at Contractor's expense. Owner also may offset against
any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor
to Owner, whether relating to or arising out of this Agreement or any other agreement between
Contractor and Owner.
15.CONTRACT TIME AND TIME EXTENSIONS.
A. Time is of the essence in the performance of any Work under this Agreement and Contractor
shall diligently pursue the completion of the Work and coordinate the Work being done on the
Project by its subcontractors and materialmen, as well as coordinating its Work with all work of
others at the Project Site, so that its Work or the work of others shall not be delayed or
impaired by any act or omission by Contractor. Contractor shall be solely responsible for all
construction means, methods, techniques, sequences, and procedures as well as coordination
of all portions of the Work under the Contract Documents, and the coordination of Owner's
supplies and contractors.
B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as
a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or
neglect, including but not restricted to acts of Nature or of the public enemy, acts of
Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor
shall notify the Owner in writing within forty-eight (48) hours after the commencement of such
Page -4-
16All
delay, stating the cause or causes thereof, or be deemed to have waived any right which
Contractor may have had to request a time extension.
C. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the Work from any cause whatever, including those for which Owner may be
responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to
any right to damages or additional compensation from Owner. Contractor expressly
acknowledges and agrees that it shall receive no damages for delay. Contractor's sole
remedy, if any, against Owner will be the right to seek an extension to the Contract Time;
provided, however, the granting of any such time extension shall not be a condition precedent
to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply
to claims for early completion, as well as to claims based on late completion.
16. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the
Work to increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as a
result of the change. Except in an emergency endangering life or property, or as expressly set
forth herein, no addition or changes to the Work shall be made except upon written order of
Owner, and Owner shall not be liable to the Contractor for any increased compensation
without such written order. No officer, employee or agent of Owner is authorized to direct any
extra or changed work orally. Any modifications to this Contract shall be in compliance with the
County Purchasing Policy and Administrative Procedures in effect at the time such
modifications are authorized.
A Change Order in the form attached as Exhibit B to this Agreement, shall be issued and
executed promptly after an agreement is reached between Contractor and Owner concerning
the requested changes. Contractor shall promptly perform changes authorized by duly
executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the
Change order in the manner as Owner and Contractor shall mutually agree.
17.COMPLlANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all
federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements
applicable to the Project, including but not limited to those dealing with taxation, workers'
compensation, equal employment and safety (including, but not limited to, the Trench Safety
Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at
variance therewith, it shall promptly notify Owner in writing.
18. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor shall
remove all debris, rubbish and waste materials from and about the Project site, as well as all
tools, appliances, construction equipment and machinery and surplus materials, and shall
leave the Project site clean and ready for occupancy by Owner.
19. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or
any part thereof, it shall require that its assignee be bound to it and to assume toward
Contractor all of the obligations and responsibilities that Contractor has assumed toward
Owner.
20. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any materialmen supplying materials, equipment or
fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials
Page -5-
16Al1
and equipment furnished under the Contract Documents shall be new unless otherwise
specified, and that all Work shall be of good quality, free from all defects and in conformance
with the Contract Documents.
Contractor further warrants to Owner that all materials and equipment furnished under the
Contract Documents shall be applied, installed, connected, erected, used, cleaned and
-conditioned in accordance with the instructions of the applicable manufacturers, fabricators,
suppliers or processors except as otherwise provided for in the Contract Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after receipt of
written notice from Owner. Contractor shall also be responsible for and pay for replacement or
repair of adjacent materials or Work which may be damaged as a result of such replacement
or repair. These warranties are in addition to those implied warranties to which Owner is
entitled as a matter of law.
21.STANDARDS OF CONDUCT: PROJECT MANAGER. SUPERVISOR. EMPLOYEES. The
Contractor shall employ people to work on County projects who are neat, clean, well-groomed
and courteous. Subject to the American with Disabilities Act, Contractor shall supply
competent employees who are physically capable of performing their employment duties. The
County may require the Contractor to remove an employee it deems careless, incompetent,
insubordinate or otherwise objectionable and whose continued employment on Collier County
projects is not in the best interest of the County.
22. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules
or regulations of any public authority having jurisdiction over the Project requires any portion of
the Work to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish to the Owner the
required certificates of inspection, testing or approval. All inspections, tests or approvals shall
be performed in a manner and by organizations acceptable to the Owner.
23. PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such
loss or damage until final payment has been made. If Contractor or anyone for whom
Contractor is legally liable is responsible for any loss or damage to the Work, or other work or
materials of Owner or Owner's separate contractors, Contractor shall be charged with the
same, and any monies necessary to replace such loss or damage shall be deducted from any
amounts due Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that
will endanger the structure, nor shall Contractor subject any part of the Work or adjacent
property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the Owner with respect to the
Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally
liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The
Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by
Owner associated therewith.
24. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons
or the Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner is obligated to act to prevent threatened damage, injury
Page -6-
16Al1
or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the
occurrence of the emergency, if Contractor believes that any significant changes in the Work
or variations from the Contract Documents have been caused thereby.
If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a Change Order shall be issued to document the
consequences of the changes or variations.
If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor
shall be deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
25. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner)
is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or
such designated portion) is substantially complete. Within a reasonable time thereafter, Owner
and Contractor shall make an inspection of the Work (or designated portion thereof) to
determine the status of completion. If Owner does not consider the Work (or designated
portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons
therefor.
Owner shall have the right to exclude Contractor from the Work and Project site (or designated
portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor
reasonable access to complete or correct items on the tentative punchlist.
Upon receipt of written certification by Contractor that the Work is completed in accordance
with the Contract Documents and is ready for final inspection and acceptance, Owner will
make such inspection and, if Owner finds the Work acceptable and fully performed under the
Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit C,
recommending that on the basis of his observations and inspections, and the Contractor's
certification that the Work has been completed in accordance with the terms and conditions of
the Contract Documents, that the entire balance found to be due Contractor is due and
payable. Final payment shall not become due and payable until Contractor submits:
(1) If required by Owner, other data establishing payment or satisfaction of all obligations,
such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the
extent and in such form as may be designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination as to
the acceptability of the Work. Unless and until the Owner is completely satisfied, the final
payment shall not become due and payable.
26.L1QUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to
Proceed to be issued by the Owner. Contractor shall commence the work within five (5)
calendar days from the Commencement Date. No Work shall be performed at the Project site
prior to the Commencement Date. Any Work performed by Contractor prior to the
Commencement Date shall be at the sole risk of Contractor.
The Work shall be substantially completed within the time specified in the Request for
Quotation. The date of substantial completion of the Work (or designated portions thereof) is
the date certified by the Owner when construction is sufficiently complete, in accordance with
the Contract Documents, so Owner can occupy or utilize the Work (or designated portions
Page -7-
16A11
thereof) for the use for which it is intended. The Work shall reach final completion and be
ready for final acceptance by Owner within the time specified in the Request for Quotation.
Owner and Contractor recognize that since time is of the essence for any work under this
Agreement, Owner will suffer financial loss if the Work is not substantially completed within the
time specified in the Request for Quotation. Should Contractor fail to substantially complete
the Work within the specified time period, Owner shall be entitled to assess as liquidated
damages, but not as a penalty, the amount specified in the Request for Quotation for each
calendar day thereafter until substantial completion is achieved.
Contractor hereby expressly waives and relinquishes any right which it may have to seek
characterize the above noted liquidated damages as a penalty, which the parties agree
represents a fair and reasonable estimate of the Owner's actual damages at the time of
contracting if Contractor fails to substantially complete the Work in a timely manner.
When any period of time is referenced by days herein, it shall be computed to exclude the first
day and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction,
such day shall be omitted from the computation, and the last day shall become the next
succeeding day which is not a Saturday, Sunday or legal holiday.
27.CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Code Enforcement Department.
28. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set
out verbatim, including: Contractor's Proposal, Insurance Certificate, Bid No. 08-5103, any
addenda, any Quotation made or issued pursuant to this Agreement, and any related plans or
specifications for any such Quotations or Work Orders and Exhibits.
29.PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall
offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value
to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County
Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this
provision may result in one or more of the following consequences: a. Prohibition by the
individual, firm, and/or any employee of the firm from contact with County staff for a specified
period of time; b. Prohibition by the individual and/or firm from doing business with the County
for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes;
and, c. immediate termination of any contract held by the individual and/or firm for cause.
30.SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the
parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
31. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the Work. No
markup shall be applied to sales tax.
32. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully responsible
Page -8-
loAl!
for complying with the provisions of the Immigration Reform and Control Act of 1986 as located
at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure
by the Contractor to comply with the laws referenced herein shall constitute a breach of this
agreement and the County shall have the discretion to unilaterally terminate this agreement
immediately.
33. VENUE: Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
34.0FFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages
and agrees to the successful proposer extending the pricing, terms and conditions of this
solicitation or resultant contract to other governmental entities at the discretion of the
successful proposer.
35.AGREEMENT TERMS:
otherwise unenforceable,
remain in effect.
If any portion of this Agreement is held to be void, invalid, or
in whole or in part, the remaining portion of this Agreement shall
36. KEY PERSONNEUPROJECT STAFFING: The proposer's personnel and management to be
utilized for this project shall be knowledgeable in their areas of expertise. The County reserves
the right to perform investigations as may be deemed necessary to insure that competent
persons will be utilized in the performance of the contract. Selected firm shall assign as many
people as necessary to complete the project on a timely basis, and each person assigned shall
be available for an amount of time adequate to meet the dates set forth in the Project
Schedule. Firm shall not change Key Personnel unless the following conditions are met: (1)
Proposed replacements have substantially the same or better qualifications and/or experience.
(2) that the County is notified in writing as far in advance as possible. Firm shall make
commercially reasonable efforts to notify Collier County within seven (7) days of the change.
The County retains final approval of proposed replacement personnel.
Page -9-
16Al1
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
J',t.
~:Tg~tl~~/;~~~e~kofCourts
. '.'" . ~.', ~;""
By;: - ,_. ... e....-
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Dat:t~~~~;~'~Ml
tigHtllH '01 I ·
~w~~~
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Type/Prin(Witness Name
~\.A:;I. :1Vt~"--/
Second Witness
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Type/Print Witness Name
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
n
Cross Environmental Services, Inc.
7 tontractor .
By: (lbzei{ t1.1JfrJ(~
I Signature
Clyde A. Biston
Typed Signature
President
Title
Page -10-
EXHIBIT A
16Al1
BID #08-5103
Demolition of Commercial/Residential Structures
NO. ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL
1 Single Story Frame Structure, 1500SF or Less 1500 SF 3.00 $0.00
2 Single Story Frame Structure, 1501SF or More 1501 SF 2.85 $0.00
3 Multiple Story Frame Structure, 2500SF or Less 2500 SF 2.25 $0.00
4 Multiple Story Block Structure, 2501 SF or More 2501 SF 2.00 $0.00
5 Single Story Block Structure, 1500SF or Less 1500 SF 3.00 $0.00
6 Single Slory Block Structure, 1501 SF or More 1501 SF 2.85 $0.00
7 Multiple Story Block Structure, 2500SF or Less 2500 SF 2.00 $0.00
8 Multiple Story Frame Structure, 2501 SF or More 2501 SF 2.00 $0.00
9 Mobile Home 760 SF 3.SO $0.00
Charge in the Event Structure has Friable Asbestos- to
include onsite Asbestos Supervisor and all written 2.00
10 reports 1500 SF $0.00
Charge in the Event Structure has Non-Friable Asbestos 0.25
11 to include onsile Asbestos Supervisor 1500 SF $0.00
12 Removal of Debris/Materials/Litter (Other Than Tires) 50 CY 10.00 $0.00
Removal of Hazardous Materials (eg: paint cans, 20.00
13 chemicals) 20 CY $0.00
14 Removal of Tires 50 EA 5.00 $0.00
Removal of Septic Tank (Other Than Initial Tank Which
15 is Included in the Cost of Demolition) 1 EA 100.00 $0.00
Removal of Swimming Pool (In-Ground)/Dirt-Gravel fill to
16 level lot 500 SF 1.00 $0.00
Removal of Fencing, All Types (Does Not Include Any 1.00
17 Security Fences) 1 LF $0.00
18 Concrete Block Structural Cuts and Restoration 1 LF 25.00 $0.00
19 Slab Cuts Less Than 6" in Depth 1 EA 100.00 $0.00
20 Slab Cuts Greater Than 6" in Depth 1 EA 2OJ.00 $0.00
21 Electrician 1 HR SO.OO $0.00
22 Fumigation 1 EA 200.00 $0.00
23 Rodent Control 1 EA 2OJ.00 $0.00
24 Bee Hive Removal 1 EA 100.00 $0.00
25 Chain Link Security Fence Provided and Installed 1 LF 25.00 $0.00
26 Removal of Driveway Apron 1 LF 40.00 $0.00
27 Removal of Mail Box 1 EA 1.00 $0.00
28 Weil Capped (by licensed contractor) 1 EA ffiJ.OO $0.00
29 Cap Sewer Line 1 EA 200.00 $0.00
ur
2,103.70
.
.. lOfD.E.;.'.'
$0.00
Page -11-
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EXHIBIT B
CHANGE ORDER
CHANGE ORDER NO.
CONTRACT NO. 08-5103
TO:
DATE:
PROJECT NAME:
PROJECT NO.:
Under our AGREEMENT dated
,200 .
You hereby are authorized and directed to make the foilowing change(s) In accordance with terms and conditions
of the Agreement:
FOR THE (Additive) (Deductive)
Sum of: $
($
Original Agreement Amount $
Sum of Previous Changes $
This Change Order (Add) (Deduct) $
Present Agreement Amount $
The time for completion shail be (increased/decreased) by calendar days due to this Change Order. Accordingly,
the Contract Time is now ~ calendar days. The substantial completion date is and the
final completion date is . Your acceptance of this Change Order shall constitute a modification to our
Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above,
as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and
final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims
for impact and delay costs.
Accepted:
,200
CONTRACTOR:
OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
Page-12-
16Al1
EXHIBIT C
CERTIFICATE OF FINAL COMPLETION
OWNER'S Project No.
PROJECT:
ENGINEER'S Project No.
CONTRACTOR
Contract For
Contract Date
This Certificate of Final completion applies to all Work under the Contract documents.
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be
finally complete in accordance with the contract documents on:
DATE OF FINAL COMPLETION
Executed by Design Professional on
,200~
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Final Completion on
200
Page -13-
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Final Completion on
200
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OWNER
By:
Type Name and Title
Page -14-
ACORD," CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY)
213/2009
PRODUCER Wells Fargo Insurance Services of SE, Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P. O. Box 31666 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Tampa, FL 33631-3666
ph: 727-796-6666 fx: 727-799-5117 INSURERS AFFORDING COVERAGE NAIC#
INSURED Cross Environmental Services, Inc. INSURER A: Nautilus Insurance Company 17370
INSURER B: Great Divide Insurance Company 25224
P. O. Box 1299
INSURER c: Zurich American Insurance Co 16535
INSURER D:
Crystal Springs, FL 33524 INSURER E:
16Al1
CR075435
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTO NSO TYPE OF INSURANCE POllCY NUMBER p~.N~1J~~~8~E P%~fl,i,~J~~N LIMITS
A ~NERAL LIABILITY ECP0150718010 11/01108 11101/09 EACH OCCURRENCE I 1,000,000
!.pMMERCIAL GENERAL LIABILITY OAMAGE TO RENTED $ 100,000
-:-:- CLAIMS MADE [8] OCCUR MED EXP (Anyone person) I 5,000
~ Max. Agg. Per Policy PERSONAL & ADV INJURY I 1,000,000
X limit $10.000,000 GENERAL AGGREGATE I 2,000,000
-'-'- 2,000,000
~'L AGG:E~E LIMIT APASIPER: PRODUCTS - COMP/OP AGG I
POLICY X P~T LOC
B ~TOMOBILE LIABILITY BAP150718110 11101/08 11/01/09 COMBINED SINGLE LIMIT I 1,000,000
X ANY AUTO (Eaaccidenl)
-
- ALL OWNED AUTOS BOOIL Y INJURY
(Par parson) I
- SCHEDULED AUTOS
i-"- HIRED AUTOS BODILY INJURY
(Pereccidenl) $
i-"- NON-OWNED AUTOS
i-"- Basic PIP - $10,000 PROPERTY DAMAGE
(Per accident) I
RRAGE LIABILITY AUTO ONLY - EA ACCIDENT I
ANY AUTO OTHER THAN EA ACC I
AUTO ONLY; AGG I
A 8ESS/UMBRELLA LlABIL.ITY FFX150718110 11/01/08 11/01/09 EACH OCCURRENCE I 1.000.000
X OCCUR 0 CLAIMS MADE AGGREGATE I 1,000,000
I
8 DEDUCTIBLE I
X RETENTION I 10,000 I
C WORKERS COMPENSATION AND WC359280209 03/01/08 03/01/09 x I T~~ STATU~ I 10J~-
EMPL.OYERS' LIABIUTY
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT I 1,000,000
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1,000,000
~~E11~tS~~b~V1~1o~s below E.l. DISEASE - POLICY LIMIT I 1,000,000
OTHER
A Pollution Liability ECP0150718010 11/01/08 11/01/09 Each Claim/Agg - See GL limits
$5,000 Oed. Each Claim MoldLimil $1,ooO,ooOf$2,OOO,ooo
wf$25,OOODed.
DESCRIPTION OF OPERATIONS I LOCATIONS IVEHICL.ES I EXCLUSiONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS /
FL STATUTE MANDATES 10 DAYS CANCELLATION NOTICE FOR NONPAYMENT OF PREMIUM.
COLLIER COUNTY IS INCLUDED AS ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY AND
DESIGINATED INSURED PER AUTO FORM ENV2222 0408. WAIVER OF SUBROGATION FOR W/C AND GENERAL LIABILITY ONLY.
CERTIFICATE HOLDER
CANCELLATION Ten Day Notice for Non-Payment
SHOUL.D ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE iSSUING INSURER WIL.L. ENDEAVOR TO MAIL ~ DAYS WRITTEN
COLLIER COUNTY GOVERNMENT NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
PURCHASING DEPT IMPOSE NO OBLIGATION OR L.IABIlITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
3301 EASTTAMIAMI TRAIL REPRESENTATIVES.
NAPLESFL34112 AUTHORIZED REPRESENTATIVE ~
ACORD 25 (2001108) 1 of 2 377907
This certificate replaces certificate# 283061 issued on 11/11/2008
@ ACORD CORPORATION 1988
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IMPORTANT
If the certificate hoider is an ADDITIONAL iNSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION is WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does. it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-5 (2001/08) 2 of 2
#S915260/M915043
16AIl
ENQORSEMENT
This endorsement forms a part of the policy to which it is attached. Please read it carefully.
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
Section 11- Liability Coverage A. - Coverage, 1. Who is an Insured, is amended to add:
d. Any person or organization to whom you become obiigated to inciude as an additional insured under this policy,.as a
resuit of any contract or agreemimt you enter into, .excluding contracts or agreements for professionai services,
which requires you to furnish insurance to that person or organization of the type provided by this policy, but bniy
with respect to liability arising out of your operations or premises owned by or rented to you. However, the
insurance provided will not exceed the lesser of:
1. The coverage and/or limits of this policy; or
2. The coverage and/or limits required by said contract or agreement.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED.
l:>2006 by Berkley SpecIalty Underwrillng Managers LLC, an affiliate of Nal./tllus Insurance Company and Great DivIde Insurance Company. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., wIth Its permIssion.
ENV 2223 04 08 Page 1 of 1
16All
.
ENDORSEMENT
This endorsement forms a part of the policy to which it is attached. Please read it carefully.
.,,~, "" . .... "OC.""'C~i' '"i;6if)(;)ltIGNA1.INSuRED ~,B[;cA!N"'(;EiT,.-"C0VEAAGE ~'r&~B~"';, .'
l<t-~!~~':;~i;~;t!~~~cit~}:~~_~~~J~~:;~fI~:;:*'~;i:'~'J:'i1~'~~)H;),,~;8 '{!,.':):~;:~~:",~i'J.:~;:;t~i;b~~~~:t;I~i-,t~:~ ;:-,;!:,~,;~:>~~;:h~:~'~~'.;>,f;~~~::h~~':~',:~S;~j~~l~,'-;;~;::~,~!::~ ;_:~:; -_h,\~'- ,~;~;,;- - ,:::~:~}:{ ~;~:';:' "
This endorsement modifies insurance provided under the following:
ENVIRONMENTAL COMBINED POLICY
Section III-Who is an Insured is amended to include as an insured, with respect to Coverage A and B, any person(s) or
organization(s) when you and such person(s) or organizatioh(s) have agreed In a written contract or written agreement that
such person(s) or organlzation(s) be added as an additional Insured on your policy. Such written contract or written
agreement must be in effect prior to the occurrence giving rise to the claim or suit for which the person(s) or
organization(s) seeks coverage.
Such additional insured status applies only:
1. With respect.to your work performed for such person(s) or organization(s) in the performance of your ongoing
operations for the additional insured; or
2. With respect to your work performed for such person(s) or organizations(s) and included ili the products-
completed operations hazard, only when required by the written contract or written agreement.
With respect to damages caused by your work, as described above, the coverage provided hereunder shail be primary
and not contributing with ariy other insurance available to those person(s) or organizatJon(s) with which you have so
agreed in a written contract or written agreement.
.-
~ 2006 by Berkley SpecIalty Underwriting Managers LLC, an ,affiliate of Nautllus Insurance Company and Great DivIde Insurance Company. All rights reserved. i
~ 1985-2006 by Insurance Services Office, Inc., materlal used by permission.
ECP10041006 P f
age 10 1
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documt..'1lts should be hand delivered to the Board Office. The completed routing slip and Oi"iginal
documents are to be forwarded to the Board Office only after the Board has taken action on Hie item)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
excention of the Chairman's shmature, draw a line through routing lines #1 through #4, comolete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4. Scott Teach, Deputy County Attorney County Attorney SRT 2-10-09
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to bc delivered to the BCC office only after the Bee has acted to approve the
item.)
Name of Primary Staff Lyn W. Wood, Contract Specialist Phone Number 252-2667
Contact
Agenda Date Item was December 2, 2008 Agenda Item Number l6.A.ll
Annroved bv the BCC
Type of Document Contract 08-5103 Gruelle Construction Number of Original Two
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a fO riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office ofthe County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-tlrrough and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCe approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating wliere the Chairman's
si nature and initials are Ie uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the Bee's actions are nullified. Be aware of your deadlines~
The doeumeut was approved by the BCC on 12-2-08 and all changes made during the
meeting have been incorporated in the attached document, The Connty Attorney's
Office has reviewed the chan es, if a licable.
Yes
(Initial)
SRT
2.
3.
4.
5.
6.
SRT
SRT
SRT
SRT
SRT
I: Forms! County FormsJ Bee Forms! Original Documcnls Routing Slip WWS Original 903.04, Revised 1.26.05, Revised 2.24.05
09-PRC-01098/2
16Al1
MEMORANDUM
DATE:
February 23, 2009
TO:
Lyn Wood, Contract Specialist
Purchasing Department
FROM:
Martha Vergara, Deputy Clerk
Minutes and Records Department
RE:
Contract: #08-5103
Contractor: Gruelle Construction, Inc.
Enclosed, please find an original, referenced above (Agenda Item #16All)
approved by the Board of County Commissioners on Tuesday, December
2, 2008.
An original Agreement is being held in the Minutes and Records
Department in the Official Records of the Board's
If you should have any questions, you may contact me at 252-7240.
Thank you,
Enclosures
16All
A G R E E MEN T 08-5103
-
for
Demolition of Commercial and Residential Structures
THIS AGREEMENT is made and entered into this 2nd day of December, 2008, 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 "County" or "Owner") and Gruelle Construction, Inc., authorized
to do business in the State of Florida, whose business address is 17600 Devore Land, For Myers,
Florida 33913 (hereinafter referred to as the "Contractor").
WIT N E SSE T H:
1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on December 2,
2008, and terminating December 1, 2009, or until such time as all outstanding Purchase Orders
issued prior to the expiration of the Agreement period have been completed. This contract shall
have three one (1) year renewals, renewable annually. The County Manager, or his designee,
may, at his discretion, extend the Agreement under all of the terms and conditions contained in
this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee,
shall give the Contractor written notice of the County's intention to extend the Agreement term not
less than ten (10) days prior to the end of the Agreement term then in effect.
2. STATEMENT OF WORK: The Board of County Commissioners deemed three (3) firms to be pre-
qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to
provide complete services for demolition of commercial and residential structures on an as-
needed basis as may be required by the Owner in accordance with the terms and conditions of
Bid #08-5103 and the Contractor's proposal, which is incorporated herein by reference and made
an integral part of this Agreement. Seventy percent (70%) of the Work shall be self-performed by
the Contractor.
The execution of this Agreement shall not be a commitment to the Contractor that any work will be
awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the
Quotation procedure outlined in the next paragraph and all Work undertaken by Contractor for
Owner pursuant to this Agreement and that procedure during the term and any extension of the
term of this Agreement.
The Owner shall provide a summary of Work to be performed which will afford the Contractors the
opportunity to submit a formal quotation for the Work; the Contractor shall respond with the
information sought within seven (7) working days. For all projects, competitive quotes shall be
solicited from all selected firms. Contractor shall provide unit pricing, based on the unique nature
of each demolition. Pricing shall be based on the unit pricing provided in its proposal, attached
hereto as Exhibit A, incorporated herein by reference and made an integral of this Agreement. A
Purchase Order and Notice to Proceed shall be issued to authorize the Work.
In each Request for Quotation, the Owner reserves the right to specify the period of completion
and the collection of liquidated damages in the event of late completion.
3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work
pursuant to the quoted unit pricing offered by the Contractor in his response to a specific Request
for Quotation.
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Any County agency may utilize the services offered under this contract, provided sufficient funds
are included in its budget(s).
4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to
the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following Contractor's address of record:
Gruelle Construction, Inc.
17600 Devore Lane
Fort Myers, Florida 33913
Attention: Virginia C. Gruelle, Vice President
Telephone: 239-454-3080
Facsimile: 239-454-2999
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
County's address of record:
Collier County Government Complex
Purchasing Department
3301 East Tamiami Trail
Purchasing Building G
Naples, Florida 34112
Attention: Stephen Y. Carnell
Purchasing/General Services Director
Phone: 239-252-8371
Fax: 239-252-6584
The Contractor and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Service Agreement must be in writing.
5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but is responsible for acquiring all
permits. Owner may require the Contractor to deliver internal budget transfer documents to
applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued by
Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales,
consumer, use and other similar taxes associated with the Work or portions thereof, which are
applicable during the performance of the Work.
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7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any
manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any
such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours
after receiving notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured. The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County.
9. TERMINATION: Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of this Agreement, the County may terminate
said Agreement immediately for cause; further the County may terminate this Agreement for
convenience with a seven (7) day written notice. The County shall be sole judge of non-
performance.
10. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
11. INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General Liabilitv: Coverage shall have minimum limits of $2,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This shall include Premises and Operations; Independent contractors; Products and
Completed Operations and Contractual Liability.
B. Business Auto Liabilitv: Coverage shall have minimum limits of $2,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-
Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws. The coverage must include Employers'
Liability with a minimum limit of $1 ,000,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. Renewal certificates shall be
sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day
notification to the County in the event of cancellation or modification of any stipulated
insurance coverage.
Contractor shall insure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions.
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12. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor shall
indemnify and hold harmless Collier County, its officers and employees from any and all
liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees
and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the
performance of this Agreement. This indemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of
Collier County.
13. PAYMENTS. The Contractor will be paid upon completion in accordance with Chapter 218,
Florida Statutes, also known as the Local Government Prompt Payment Act.
14. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or
portions thereof, because of defective or incomplete work, outstanding punchlist items,
subsequently discovered evidence or subsequent inspections. The Owner may nullify the
whole or any part of any approval for payment previously issued and Owner may withhold any
payments otherwise due Contractor under this Agreement or any other agreement between
Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it
from loss because of: (a) defective Work not remedied; (b) third party claims failed or
reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make
payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt
that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable
indication that the Work will not be completed within the Contract Time; (f) unsatisfactory
prosecution of the Work by the Contractor; or (g) any other material breach of the Contract
Documents.
If any conditions described above are not remedied or removed, Owner may, after three (3)
days written notice, rectify the same at Contractor's expense. Owner also may offset against
any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor
to Owner, whether relating to or arising out of this Agreement or any other agreement between
Contractor and Owner.
15. CONTRACT TIME AND TIME EXTENSIONS.
A. Time is of the essence in the performance of any Work under this Agreement and Contractor
shall diligently pursue the completion of the Work and coordinate the Work being done on the
Project by its subcontractors and materialmen, as well as coordinating its Work with all work of
others at the Project Site, so that its Work or the work of others shall not be delayed or
impaired by any act or omission by Contractor. Contractor shall be solely responsible for all
construction means, methods, techniques, sequences, and procedures as well as coordination
of all portions of the Work under the Contract Documents, and the coordination of Owner's
supplies and contractors.
B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as
a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or
neglect, including but not restricted to acts of Nature or of the public enemy, acts of
Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor
shall notify the Owner in writing within forty-eight (48) hours after the commencement of such
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16Al1
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delay, stating the cause or causes thereof, or be deemed to have waived any right which
Contractor may have had to request a time extension.
C. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the Work from any cause whatever, including those for which Owner may be
responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to
any right to damages or additional compensation from Owner. Contractor expressly
acknowledges and agrees that it shall receive no damages for delay. Contractor's sole
remedy, if any, against Owner will be the right to seek an extension to the Contract Time;
provided, however, the granting of any such time extension shall not be a condition precedent
to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply
to claims for early completion, as well as to claims based on late completion.
16. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the
Work to increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as a
result of the change. Except in an emergency endangering life or property, or as expressly set
forth herein, no addition or changes to the Work shall be made except upon written order of
Owner, and Owner shall not be liable to the Contractor for any increased compensation
without such written order. No officer, employee or agent of Owner is authorized to direct any
extra or changed work orally. Any modifications to this Contract shall be in compliance with the
County Purchasing Policy and Administrative Procedures in effect at the time such
modifications are authorized.
A Change Order in the form attached as Exhibit B to this Agreement, shall be issued and
executed promptly after an agreement is reached between Contractor and Owner concerning
the requested changes. Contractor shall promptly perform changes authorized by duly
executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the
Change order in the manner as Owner and Contractor shall mutually agree.
17. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all
federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements
applicable to the Project, including but not limited to those dealing with taxation, workers'
compensation, equal employment and safety (including, but not limited to, the Trench Safety
Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at
variance therewith, it shall promptly notify Owner in writing.
18. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor shall
remove all debris, rubbish and waste materials from and about the Project site, as well as all
tools, appliances, construction equipment and machinery and surplus materials, and shall
leave the Project site clean and ready for occupancy by Owner.
19. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or
any part thereof, it shall require that its assignee be bound to it and to assume toward
Contractor all of the obligations and responsibilities that Contractor has assumed toward
Owner.
20. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any materialmen supplying materials, equipment or
fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials
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16Al1
and equipment furnished under the Contract Documents shall be new unless otherwise
specified, and that all Work shall be of good quality, free from all defects and in conformance
with the Contract Documents.
Contractor further warrants to Owner that all materials and equipment furnished under the
Contract Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers, fabricators,
suppliers or processors except as otherwise provided for in the Contract Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after receipt of
written notice from Owner. Contractor shall also be responsible for and pay for replacement or
repair of adjacent materials or Work which may be damaged as a result of such replacement
or repair. These warranties are in addition to those implied warranties to which Owner is
entitled as a matter of law.
21. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The
Contractor shall employ people to work on County projects who are neat, clean, well-groomed
and courteous. Subject to the American with Disabilities Act, Contractor shall supply
competent employees who are physically capable of performing their employment duties. The
County may require the Contractor to remove an employee it deems careless, incompetent,
insubordinate or otherwise objectionable and whose continued employment on Collier County
projects is not in the best interest of the County.
22. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules
or regulations of any public authority having jurisdiction over the Project requires any portion of
the Work to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish to the Owner the
required certificates of inspection, testing or approval. All inspections, tests or approvals shall
be performed in a manner and by organizations acceptable to the Owner.
23. PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such
loss or damage until final payment has been made. If Contractor or anyone for whom
Contractor is legally liable is responsible for any loss or damage to the Work, or other work or
materials of Owner or Owner's separate contractors, Contractor shall be charged with the
same, and any monies necessary to replace such loss or damage shall be deducted from any
amounts due Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that
will endanger the structure, nor shall Contractor subject any part of the Work or adjacent
property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the Owner with respect to the
Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally
liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The
Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by
Owner associated therewith.
24. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons
or the Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner is obligated to act to prevent threatened damage, injury
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or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the
occurrence of the emergency, if Contractor believes that any significant changes in the Work
or variations from the Contract Documents have been caused thereby.
If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a Change Order shall be issued to document the
consequences of the changes or variations.
If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor
shall be deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
25. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner)
is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or
such designated portion) is substantially complete. Within a reasonable time thereafter, Owner
and Contractor shall make an inspection of the Work (or designated portion thereof) to
determine the status of completion. If Owner does not consider the Work (or designated
portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons
therefor.
Owner shall have the right to exclude Contractor from the Work and Project site (or designated
portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor
reasonable access to complete or correct items on the tentative punchlist.
Upon receipt of written certification by Contractor that the Work is completed in accordance
with the Contract Documents and is ready for final inspection and acceptance, Owner will
make such inspection and, if Owner finds the Work acceptable and fully performed under the
Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit C,
recommending that on the basis of his observations and inspections, and the Contractor's
certification that the Work has been completed in accordance with the terms and conditions of
the Contract Documents, that the entire balance found to be due Contractor is due and
payable. Final payment shall not become due and payable until Contractor submits:
(1) If required by Owner, other data establishing payment or satisfaction of all obligations,
such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the
extent and in such form as may be designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination as to
the acceptability of the Work. Unless and until the Owner is completely satisfied, the final
payment shall not become due and payable.
26. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to
Proceed to be issued by the Owner. Contractor shall commence the work within five (5)
calendar days from the Commencement Date. No Work shall be performed at the Project site
prior to the Commencement Date. Any Work performed by Contractor prior to the
Commencement Date shall be at the sole risk of Contractor.
The Work shall be substantially completed within the time specified in the Request for
Quotation. The date of substantial completion of the Work (or designated portions thereof) is
the date certified by the Owner when construction is sufficiently complete, in accordance with
the Contract Documents, so Owner can occupy or utilize the Work (or designated portions
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thereof) for the use for which it is intended. The Work shall reach final completion and be
ready for final acceptance by Owner within the time specified in the Request for Quotation.
Owner and Contractor recognize that since time is of the essence for any work under this
Agreement, Owner will suffer financial loss if the Work is not substantially completed within the
time specified in the Request for Quotation. Should Contractor fail to substantially complete
the Work within the specified time period, Owner shall be entitled to assess as liquidated
damages, but not as a penalty, the amount specified in the Request for Quotation for each
calendar day thereafter until substantial completion is achieved.
Contractor hereby expressly waives and relinquishes any right which it may have to seek
characterize the above noted liquidated damages as a penalty, which the parties agree
represents a fair and reasonable estimate of the Owner's actual damages at the time of
contracting if Contractor fails to substantially complete the Work in a timely manner.
When any period of time is referenced by days herein, it shall be computed to exclude the first
day and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction,
such day shall be omitted from the computation, and the last day shall become the next
succeeding day which is not a Saturday, Sunday or legal holiday.
27. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Code Enforcement Department.
28. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set
out verbatim, including: Contractor's Proposal, Insurance Certificate, Bid No. 08-5103, any
addenda, any Quotation made or issued pursuant to this Agreement, and any related plans or
specifications for any such Quotations or Work Orders and Exhibits.
29. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall
offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value
to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County
Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this
provision may result in one or more of the following consequences: a. Prohibition by the
individual, firm, and/or any employee of the firm from contact with County staff for a specified
period of time; b. Prohibition by the individual and/or firm from doing business with the County
for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes;
and, c. immediate termination of any contract held by the individual and/or firm for cause.
30. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the
parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
31. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the Work.
No markup shall be applied to sales tax.
32. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully responsible
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for complying with the provisions of the Immigration Reform and Control Act of 1986 as located
at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure
by the Contractor to comply with the laws referenced herein shall constitute a breach of this
agreement and the County shall have the discretion to unilaterally terminate this agreement
immediately.
33. VENUE: Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
34. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages
and agrees to the successful proposer extending the pricing, terms and conditions of this
solicitation or resultant contract to other governmental entities at the discretion of the
successful proposer.
35.
AGREEMENT TERMS:
otherwise unenforceable,
remain in effect.
If any portion of this Agreement is held to be void, invalid, or
in whole or in part, the remaining portion of this Agreement shall
36. KEY PERSONNEUPROJECT STAFFING: The proposer's personnel and management to be
utilized for this project shall be knowledgeable in their areas of expertise. The County reserves
the right to perform investigations as may be deemed necessary to insure that competent
persons will be utilized in the performance of the contract. Selected firm shall assign as many
people as necessary to complete the project on a timely basis, and each person assigned shall
be available for an amount of time adequate to meet the dates set forth in the Project
Schedule. Firm shall not change Key Personnel unless the following conditions are met: (1)
Proposed replacements have substantially the same or better qualifications and/or experience.
(2) that the County is notified in writing as far in advance as possible. Firm shall make
commercially reasonable efforts to notify Collier County within seven (7) days of the change.
The County retains final approval of proposed replacement personnel.
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IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
ATTEST:.. C)~I
Dwight E. .Brock,ClertQ! Courts
, . .~
'..~ocH
By:
Dated: '
Atttst'1l~._i
11l1Hbn 0I1~.
Approved as to form and
'~'}LI? 1., L
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Tom Henning,
Gruelle Construction, Inc.
Contractor
/1// LLd/{
By:
Viroinia C. Gruelle
Typed Signature
Vice President
Title
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EXHIBIT A
16Al1
BID #08-5103
Demolition of Commercial/Residential Structures
-
NO. ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL
1 SinQle Story Frame Structure, 1500SF or Less 1500 SF $2.73 $4,095.00
2 Sinale Storv Frame Structure, 1501 SF or More 1501 SF $2.49 $3,737.49
3 Multiple StorY Frame Structure, 2500SF or Less 2500 SF $2.73 $6,825.00
4 Multiple StOry Block Structure, 2501 SF or More 2501 SF $2.49 $6,227.49
5 Sinale Story Block Structure, 1500SF or Less 1500 SF $2.73 $4,095.00
6 Sino Ie Story Block Structure, 1501SF or More 1501 SF $2.73 $4,097.73
7 Multiple Storv Block Structure, 2500SF or Less 2500 SF $2.49 $6,225.00
8 Multiple Storv Frame Structure, 2501 SF or More 2501 SF $2.73 $6,827.73
9 Mobile Home 760 SF $3.48 $2,644.80
Charge in the Event Structure has Friable Asbestos- to
include onsite Asbestos Supervisor and all written
10 reports 1500 SF $1.97 $2,955.00
Charge in the Event Structure has Non-Friable Asbestos
11 to include onsite Asbestos Supervisor 1500 SF $0.74 $1,110.00
12 Removal of Debris/Materials/Litter (Other Than Tires) 50 CY $18.49 $924.50
Removal of Hazardous Materials (eg: paint cans,
13 chemicals) 20 CY $19.48 $389.60
14 Removal of Tires 50 EA $7.19 $359.50
Removal of Septic Tank (Other Than Initial Tank Which
15 is Included in the Cost of Demolition) 1 EA $575.00 $575.00
Removal of Swimming Pool (In-Ground)/Dirt-Gravel fill to
16 level lot 500 SF $2.46 $1,230.00
Removal of Fencing, All Types (Does Not Include Any
17 Security Fences) 1 LF $1.49 $1.49
18 Concrete Block Structural Cuts and Restoration 1 LF $2.98 $2.98
19 Slab Cuts Less Than 6" in Depth 1 EA $2.48 $2.48
20 Slab Cuts Greater Than 6" in Depth 1 EA $4.89 $4.89
21 Electrician 1 HR $48.79 $48.79
22 Fumjqation 1 EA $998.00 $998.00
23 Rodent Control 1 EA $22.50 $22.50
24 Bee Hive Removal 1 EA $149.00 $149.00
25 Chain Link Securitv Fence Provided and Installed 1 LF $3.75 $3.75
26 Removal of Drivewav Apron 1 LF $2.35 $2.35
27 Removal of Mail Box 1 EA $0.14 $0.14
28 Well Canned Ibv licensed contractor) 1 EA 600 $600.00
29 CaD Sewer Une 1 EA 24.95 $24.95
TOTAL BASE BID $54,180.16
""""":"'.. ~'i:"j'0C:?~':~~~~'~'~" .'.........: ..'....
:;-",;rm~ JD9-_",~.,tf1~,rl;!~p(),_,._",1 ,.\,~ I UIU.~J()
Page -11-
16All
EXHIBIT B
CHANGE ORDER
CHANGE ORDER NO.
CONTRACT NO. 08-5103
TO:
DATE:
PROJECT NAME:
PROJECT NO.:
Under our AGREEMENT dated
,20 .
You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions
of the Ag reemen!:
FOR THE (Additive) (Deductive)
Sum of: $
($
Original Agreement Amount $
Sum of Previous Changes $
This Change Order (Add) (Deduct) $
Present Agreement Amount $
The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly,
the Contract Time is now '-> calendar days. The substantial completion date is and the
final completion date is . Your acceptance of this Change Order shall constitute a modification to our
Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above,
as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and
final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims
for impact and delay costs.
Accepted:
,20_
CONTRACTOR:
By:
OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Page-12-
16Al1
EXHIBIT C
CERTIFICATE OF FINAL COMPLETION
OWNER'S Project No.
PROJECT:
ENGINEER'S Project No.
CONTRACTOR
Contract For
Contract Date
This Certificate of Final completion applies to all Work under the Contract documents.
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be
finally complete in accordance with the contract documents on:
DATE OF FINAL COMPLETION
Executed by Design Professional on
,20
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Final Completion on
200
Page -13-
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Final Completion on
20
161\11
OWNER
By:
Type Name and Title
Page -14-
FROM :ATKINSON & ASSOC.
INSURANCE
FAX NO. :2396893826
Jan. 30 2009
10:IJ) ~ 11
ACORD. CERTIFICATE OF LIABILITY INSURANCE OP 10 CD I OATE (MM/DOlVYYY)
GRUEL-1 01/30/09
PRODUCER THI8 CERTIFICATE 15155UED AS A MATTER OF INFORMATION
ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE
Atkin.on ~ A..oc. InBurance HOLDER. THI& CERTIFICATE DOES NOT AMEND. EXTEND OR
15J7 B~ant1&f Rd, B1di C ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Fo~t MYerB FL 33907
Phone I 339-437-5555 Fex,239-6B9-JB26 INSURERS AFFORDING COVERAGE NAIC'
INSURED .
INSURER A: UMI'I'JID lIA'I'!OIfAL nlljll~ co.
_. .-.
INSURERlt: FCCI INSUlWICE COMPANY 10178
~RUZLLB CONSTRUCTION. INC. INSlJAER c: MAX1lX I!'DIEMNI'l'Y COMP~ 26743._
17600 Devore Lane INSURER 0:
Fort Hyers FL 33913 INSURERF..:
COVERAGES
THE I'Ol.clES OF INSURANC& LISTriO Bl::LOW H;.Vk QIS...N l..'UlU&O TO THE IN&U~j) NA~F.:O ABOVE FOR THE POliCY PERIOD lNOICATlm. NO'IWITHSTANDING
Af<tf REQUIREMENT. TERM OR CQNDITION Of f\NY CONTRACT 0/\ OTHliR IJOCUWiNT WITH RE$PECl TO WHICH THIS (,.ERT!FI~lE MAV ge ISSUED OR
MAY PERTAIN, THE INSURANCE AFfOftDED !IV THE POLICIES DESCRI8ED HEREIN IS SUB.JECT TO 4Lt. THF, TERMS, EX.CLUBIDN5 AND CONDrrlONS OF SUCH
POLICIES. AOOREGATE liMITS SHOWN W,V HAVE BEEN REDuceD BY !'AlD CLAI~_
. ~ ;;'---"~~~FIN8URA~E POLICY NU,.fR ~ TlbN UMIT'
DATE MMIDD
~Nf"AL LfA8IUlV EACH OCCURRENCE .1, ODD, ODD
L7216215 03/03/08 03/03/09 uM4A6e TO RENTED"
A X .~ OOMUERC'^L Gl:::Nl!R.\l LLQILlTY PREMlSE:S lGll ~ur\ll'ltl') '50,000.._
n CI."'I~ MAOE ~ OCCUR MEO EXP (Attygr'lll par':'lnn) :J Bxcluded
.. PERSONAL l ADV 11\I.Jl)H,Y '1.000,000
.. ,,--
I-- GEN"RAl AGGRr:;OATf::: ..'..~.' 900.. 000
nLAGG;~E;::;: ^?is PE~ PROOUCTS - OOMP/OP AGG .1,000,000
POI.lCY X JEt.,. lOC
IWTOMOIII.E UABlLlTY COMBINErJ SINOlE LIMIT
B ANy AUTO CAOOOIU77 06/22/08 06/22/09 (EIl8CCldenl) .1,000,000
...
All OWNED ^uros lilorlll.Y INJURY
.
c!. SCHEDULED AUTOS (l-'efPtf80nj
-.-. .-
.!.. HIRED AUTOS BODILY INJURY
(pareccloan!) 1
~ NON-OWNED "UlOS
..-. .--
f'AOf'~RTY DAMAGE .
(rat accldfJnl~
GARAGe UABR..IT'Y AUTO ONLY - EA ACCIDENT .
~ ANY AUTO ..
OTHER TH"N EAACC . ....-
AurQONLY; ^OG ,
aCU8IuMIRELLA LIAIJILITl' GAf.H OCCURRENCE .1,000,000
C X I OCCUR I_I Cl^,MS "^"" UNB600467003 OJ/OJ/08 03/03/09 ~~~REGATE '1, ODD, 000
--
Fx-i .
..
OEOUCTlaUi .
.....--
X RETI!NTION 110,000 .
'MHUCI!RI COfMlE~TION ANu __;I !TOWf lIMrrS I /....EFr
EMplLOYf,A8' UABILIT't'
II ANY PROPRII!TOIWMfrnl::RJ9:Ii(".lrT!VIi 001WC09A54932 01/18/09 01/18/10 E.L. "^CH ACCIDENT Sl,OOO,OO~
.-
OFFlCERlMEMBI!R EXCLUDeD? C:.L.rJlSF.ASF. EAE~.lOVEE 11,000,000_
~r~11~~!v~&~~NS Delow f.,I" OISE"'SE. POLIC'!' llMrr $ l, 000,000
DlliER
B LBASIW/RI!:NTBD CJlOO024623 06/22/08 06/22/09 LUSED/ $155.000
BQUIPIIDI'1' RBllTED EQ
DESCRlP'TlON OF OPeRAnON!, lOCATIONS I YeHICU!8' I!)CCl.U8fONI ADDeD IY ENDORseMENT I SPECIAL PROVISIONS
10 STORy MAXIMDK DEMOLITION OF VARIOUS STRUCTURJ:S
'!'B1l CERTIFICAT~ HOLDER IS NAMED ADDITIONAL INSURED WITH RESPECT TO THE
G8NERA1. LIABILITY COVERAGE. *10 DAY NOTICE FOR NON-PAYMENT OF PREMIUM PRR
ll'LORIDA STATUTE.
CERTIFICATE HOLDEI(
COLL025
CANCELLATION
SHOULD ANY OF THE ABO\lf: DESCRlBI!D POllCfll:fJ BE CANQE;LLEO BE-FORi THi iXPIHATIO
DATa THEREOF, THE IS9UlNO INSUHER WILl. ENOEA~ TO ~All.. -- 3 0 CAYS WRITT!N
NOTICI! TO 1"Hr! CI!RnFICAre HOLDER HAMED TO THe LEFT, BUT FAlI,URE TO 00 so SHALL
IMPOSE NO OBLIGATION OR UA9rlITY OF AIilY KIND UPON THE INIUl\eA,lT8 AOENT8 Oft
filEPRESEHT miL
AUTHDRlZ D EN
Collier County Government
AttuJ Purcba.iag Dept.
3301 Tamiami Trail East
NBplu l"L 34112
6
"'-""~
@ACORDCORPORATION1988
ACORD 25 (2001/08)
16B1
COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT
Terms and Conditions ~
THIS COLLIER C~UNTY ADOPT-A-ROAD AGREEMENT entered into thisOl day
of \)~.t,. 20 (} ~ by and between Collier County (hereinafter the "COUNTY"), and
the volunteer group, Florida Department of CorrectionslHendry C.I." (hereinafter the
"GROUP"), whose address is, 12551 Wainwright Drive., Immokalee, Florida, 34142.
WITNESSETH:
WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free
roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely
maintaining a litter-free Collier County; and
WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway
known as, WEBER BOULEVARD NORTH, (the "Adopted Roadway"), acknowledges the
hazardous nature of picking up litter, and agrees to the following terms and conditions:
A. THE GROUP SHALL:
I. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway.
2. Perform litter removal on the Adopted Roadway in accordance with the Florida
Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida
Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of
Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of
which by this reference are incorporated herein.
3. Only allow such persons to participate as are determined by the GROUP to be
responsible enough to safely participate in litter removal activities. Participants must be at least
14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors
participating in the litter removal. There shall at all times be at least one person 18 years of age
or older who is on site and responsible for supervising all litter removal activities, with no one at
the site under the age of 14 for any reason.
4. Conduct at least two safety procedure meetings per year for its participating members.
Participants must sign the hold harmless agreement provided by the COUNTY, and attend a
1681
safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to
this Agreement.
5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety
meetings.
6. Remove litter during daylight hours only, in good weather conditions only.
7. Pick up litter on one side of the road at a time.
8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on
medians, or where otherwise hazardous to do so.
9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the
pavement.
10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted
Roadway is objectionable.
11. Obtain required supplies and material from the COUNTY.
12 Place traffic control signs supplied by the COUNTY during trash pickup.
13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times
during the litter removal activity. The local maintenance office should be contacted to obtain
safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter
removal activity and return the same when activity is complete.
14. Not wear clothing that will hinder the sight of participants.
15. Coordinate pickup details with thc County's project coordinator at least one week prior to
a pickup.
16. Place filled trash bags at the site for pickup and disposal by the COUNTY.
17. After each pickup, the adopting GROUP coordinator will file a report detailing the
number of people involved, number of bags of litter collected, composition and estimate of
recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for
making the reports, and filed with the COUNTY project coordinator.
18. The GROUP is encouraged to separate recyclable materials. All proceeds from
redemption of recyclable materials shall become the property of the Group.
19. Unused materials and supplies furnished by the COUNTY shall be returned to the
COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission,
be retained by the GROUP during the term ofthis Agreement.
2
16b 1
B. THE COUNTY SHALL:
1. Provide safety vests, trash bags, pickup sticks, and traffic control signs.
2. Provide GROUP with an outline pertaining to safety regulations.
3. Remove the filled trash bags as soon as possible after the pickup.
4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to
remove large, heavy or hazardous items.
5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the
area free oflitter.
C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by
either party, with or without cause, on 30 days written notice to the other party. This Agreement
creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is
found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY
may terminate this Agreement effective immediately. The COUNTY reserves the right to
modifY or cancel the program at any time. Upon the termination of this Agreement by either
party, the GROUP will immediately return all County-owned materials to the County project
coordinator.
D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnifY
and hold harmless Collier County and its officers, agents and employees from any claim, loss,
damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group
or by any person performing litter removal as part of the GROUP during the performance of the
Agreement, whether direct or indirect, and whether to any person or property to which Collier
County or said parties may be subject, except that neither GROUP nor any of its members shall
be liable under this provision for damages arising out of injury or damage to persons or property
directly caused or resulting from the sole negligence of Collier County, and its officers,
employees or agents.
E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in
part without the prior written consent of Collier County.
3
16B1
F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement
between the parties, and may not be modified except by a writing signed by both parties. Any
and all prior understandings between the parties, either oral or written, with respect to the matters
set forth above, have been incorporated and merged into this Agreement, and are otherwise of no
further force or effect. This Agreement is for litter removal activities only. No beautification
activities are authorized by this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of
the date written above.
^', t-
ATTEST.' .' . J ".'
, l,:,,?..'~J' . t. '-" I
DWIG!!'TR BROCR.Clerk
", , ,?'..
;..,..
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
"" (J~,'Depuiy jei:~"
',' ........ ....,. ,
atMt ,,6i~_-
,fonatur. on,1
GROUP:
Ou,d-- j}~l<J i,...J (',.
;-k,--dJi C C",..;'-L tl.,;.'-\j. \
("'.,H'. /~,
(Lffc.f-J(j,l,)
""):::.k':' tit..;1'>.:."
By:
Name (print): C 1<' 1-k,'SA
Title (print): mA ~JolL
Phone # (day): ,;( '>0' S0"7.;2I...J("
Phone # (night): '2j{i:~<)7- 717 J
Approv d as to form
and leg su i
Jeffrey A
County Att
tzkow
ncy
4
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL,6 B 3
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print Oil pink paper. Attach to original dOCUIllt:llL Original d\lclImcnLs should be hand ddi\crcd to the Board OfJkc rhe completed rouling slip Jnd original
documents arc tn he !i.l['Wankd to th;.: Hoard OIlier.: only after tll(; Buard has taken action on the ill.:ll1)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
excePtion of the Chairman's si2nature, draw a line through routing lines #1 throue:h #4, comolete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
l.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primal)' contact information is needed in the event one of the addressees above, including Sue Filson, need to contact stafTfor additional or missing
information. All original documents needing the BeC Chairman's signature are to be delivered to the BCC office only after the Bee has acted to approve the
item.)
Name of Primary Staff Erin M Hall Phone Number 252-8924
Contact
Agenda Date Item was 12-02-2008 Agenda Item Number 16B-Ij!..6B-3 / ~
Approved by the BCC and 16B
Type of Document Adopt-A-Road Agreement's Number of Original 4
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro nate.
1. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office ofthe County Attorney. This includes signature pages from ordinances, EJ
resolutions, etc. signed by the County Attorney's Office and signature pages from .. I\.J
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licab[e.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are re uired.
5. [n most cases (some contracts are an exception), the original document and this routing slip N/A
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
6. The document was approved by the BCC on ~..(I enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
16B3
COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT
Terms and Conditions
THIS COLLIER Cl;:>UNTY ADOPT-A-ROAD AGREEMENT entered into this1fli
of t !?P'IJ~ , 2@ by and between Collier County (hereinafter the "COUNTY"), and
the volunteer group, MavCor Distributors, Inc., (hereinafter the "GROUP"), whose address is,
991 North Barfield Drive., Unit 413, Marco Island, Florida, 34145.
WITNESSETH:
WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free
roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely
maintaining a litter-free Collier County; and
WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway
known as, WEBER BOULEVARD NORTH, (the "Adopted Roadway"), acknowledges the
hazardous nature of picking up litter, and agrees to the following terms and conditions:
A. THE GROUP SHALL:
I. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway.
2. Perform litter removal on the Adopted Roadway in accordance with the Florida
Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida
Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of
Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of
which by this reference are incorporated herein.
3. Only allow such persons to participate as are determined by the GROUP to be
responsible enough to safely participate in litter removal activities. Participants must be at least
14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors
participating in the litter removal. There shall at all times be at least one person 18 years of age
or older who is on site and responsible for supervising all litter removal activities, with no one at
the site under the age of 14 for any reason.
4. Conduct at least two safety procedure meetings per year for its participating members.
Participants must sign the hold harmless agreement provided by the COUNTY, and attend a
16B3
safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to
this Agreement.
5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety
meetings.
6. Remove litter during daylight hours only, in good weather conditions only.
7. Pick up litter on one side of the road at a time.
8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on
medians, or where otherwise hazardous to do so.
9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the
pavement.
10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted
Roadway is objectionable.
II. Obtain required supplies and material from the COUNTY.
12 Place traffic control signs supplied by the COUNTY during trash pickup.
13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times
during the litter removal activity. The local maintenance otllce should be contacted to obtain
safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter
removal activity and return the same when activity is complete.
14. Not wear clothing that will hinder the sight of participants.
IS. Coordinate pickup details with the County's project coordinator at least one week prior to
a pickup.
16. Place filled trash bags at the site for pickup and disposal by the COUNTY.
17. After each pickup, the adopting GROUP coordinator will file a report detailing the
number of people involved, number of bags of litter collected, composition and estimate of
recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for
making the reports, and filed with the COUNTY project coordinator.
18. The GROUP is encouraged to separate recyclable materials. All proceeds from
redemption of recyclable materials shall become the property of the Group.
19. Unused materials and supplies furnished by the COUNTY shall be returned to the
COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission,
be retained by the GROUP during the term of this Agreement.
2
1683
B. THE COUNTY SHALL:
1. Provide safety vests, trash bags, pickup sticks, and traftic control signs.
2. Provide GROUP with an outline pertaining to safety regulations.
3. Remove the tilled trash bags as soon as possible after the pickup.
4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to
remove large, heavy or hazardous items.
5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the
area free oflitter.
C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by
either party, with or without cause, on 30 days written notice to the other party. This Agreement
creates no rights or interest. It~ in the sole judgment of the County Project Coordinator, it is
found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY
may terminate this Agreement effective immediately. The COUNTY reserves the right to
modify or cancel the program at any time. Upon the termination of this Agreement by either
party, the GROUP will immediately return all County-owned materials to the County project
coordinator.
D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify
and hold harmless Collier County and its ofticers, agents and employees from any claim, loss,
damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group
or by any person performing litter removal as part of the GROUP during the performance of the
Agreement, whether direct or indirect, and whether to any person or property to which Collier
County or said parties may be subject, except that neither GROUP nor any of its members shall
be liable under this provision for damages arising out of injury or damage to persons or property
directly caused or resulting trom the sole negligence of Collier County, and its ofticers,
employees or agents.
E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in
part without the prior written consent of Collier County.
3
1683
F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement
between the parties, and may not be modified except by a writing signed by both parties. Any
and all prior understandings between the parties, either oral or written, with respect to the matters
set forth above, have been incorporated and merged into this Agreement, and are otherwise of no
further force or effect. This Agreement is for litter removal activities only. No beautification
activities are authorized by this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of
the date written above.
"'P
,I
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
ATTES.1Y"
DWIGIH E. BROCK, Clerk
. '
.< Deputy c;Ier
Attest'.... to,~tl
,lgntturt Oll'~
GROUP: N\...~ Cor D.:;,-\c; 1:>v+<1S .1. NC.
;)} /' 1 1/ I
-----q (..' //. le 7:.~__
By: L a/ . /
N.ame (# (1'-'y ~ Cl~"2.k~
TItle (pnnt): Pr~~i 0,"" 1-
Phone # (day): 2"1:,0, - 7g<{ - 6'16 tf
Phone # (night): Z39 - 3CfL.( - 7&, Z ~
4
ORIGINAL DOCUMENTS CHECKLIST & ROUTING iB.B 3
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink parer. A!lach to original (]oel/menL Original doculllents ~hou]d OC hand ddivcrcd to thr: H(lanJ (lHkL: fhc c(ltllpkkd wilting sl ip and original
documenlS arc hI hI.: rorwardcd to the Board Office \l1l1~ ann the Bllard has Lakl:11 action on the item)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exceDtion of the ChaimuUl's simature, draw a line through routing lines # I throUllh #4, complete the checklist, and forward to Sue Filson l;ne#5).
Route to Addressee(s) Office Initials Date
(List in routing order)
l.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
infonnation. All original documents needing the BCC Chainnan's signature are to be delivered to the BCC office only after the Bee has acted to approve the
item.)
Name of Primary Staff Erin M Hall Phone Number 252-8924
Contact .-=-..
/ "
Agenda Date Item was 12-02-2008 Agenda Item Number l6B-1 1\i..6B-3 i)
Aooroved by the BCC and 16B-4
Type of Document Adopt-A-Road Agreement's Number of Original 4
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is
a ro riate.
1. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances, V
resolutions, etc. signed by the County Attorney's Office and signature pages from V
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other arties exce t the BCC Chainnan and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip N/A
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
6. The document was approved by the BCC on ..() enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
1683
COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT
Terms and Conditions <'- tll
THIS COLLIER C9UNTY ADOPT-A-ROAD AGREEMENT entered into thisd'rday
of)), C 1'0 ~U, 200 r, by and between Collier County (hereinafter the "COUNTY"), and
the volunteer group, AD EXPRESSIONS, (hereinafter the "GROUP"), whose address is,
5767 Shirley Street, Naples, Florida, 34109.
WITNESSETH:
WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free
roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely
maintaining a litter-free Collier County; and
WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway
known as, WEBER BOULEY ARD NORTH, (the "Adopted Roadway"), acknowledges the
hazardous nature of picking up litter, and agrees to the following terms and conditions:
A. THE GROUP SHALL:
I. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway.
2. Perform litter removal on the Adopted Roadway in accordance with the Florida
Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida
Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of
Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of
which by this reference are incorporated herein.
3. Only allow such persons to participate as are determined by the GROUP to be
responsible enough to safely participate in litter removal activities. Participants must be at least
14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors
participating in the litter removal. There shall at all times be at least one person 18 years of age
or older who is on site and responsible for supervising all litter removal activities, with no one at
the site under the age of 14 for any reason.
4. Conduct at least two safety procedure meetings per year for its participating members.
Participants must sign the hold harmless agreement provided by the COUNTY, and attend a
1683
safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to
this Agreement.
5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety
meetings.
6. Remove litter during daylight hours only, in good weather conditions only.
7. Pick up litter on one side of the road at a time.
8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on
medians, or where otherwise hazardous to do so.
9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the
pavement.
10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted
Roadway is objectionable.
II. Obtain required supplies and material from the COUNTY.
12 Place traffic control signs supplied by the COUNTY during trash pickup.
13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times
during the litter removal activity. The local maintenance office should be contacted to obtain
safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter
removal activity and return the same when activity is complete.
14. Not wear clothing that will hinder the sight of participants.
15. Coordinate pickup details with the County's project coordinator at least one week prior to
a pickup.
16. Place filled trash bags at the site for pickup and disposal by the COUNTY.
17. After each pickup, the adopting GROUP coordinator will tile a report detailing the
number of people involved, nwnber of bags of litter collected, composition and estimate of
recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for
making the reports, and filed with the COUNTY project coordinator.
18. The GROUP is encouraged to separate recyclable materials. All proceeds from
redemption ofrecyclable materials shall become the property of the Group.
19. Unused materials and supplies furnished by the COUNTY shall be returned to the
COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission,
be retained by the GROUP during the term of this Agreement.
2
1683
B. THE COUNTY SHALL:
I. Provide safety vests, trash bags, pickup sticks, and traffic control signs.
2. Provide GROUP with an outline pertaining to safety regulations.
3. Remove the filled trash bags as soon as possible after the pickup.
4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to
remove large, heavy or hazardous items.
5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the
area free ofIitter.
C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by
either party, with or without cause, on 30 days written notice to the other party. This Agreement
creates no rights or interest. It~ in the sole judgment of the County Project Coordinator, it is
found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY
may terminate this Agreement efTective immediately. The COUNTY reserves the right to
modify or cancel the program at any time. Upon the termination of this Agreement by either
party, the GROUP will immediately return all County-owned materials to the County project
coordinator.
D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify
and hold harmless Collier County and its otlicers, agents and employees from any claim, loss,
damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group
or by any person performing litter removal as part of the GROUP during the performance of the
Agreement, whether direct or indirect, and whether to any person or property to which Collier
County or said parties may be subject, except that neither GROUP nor any of its members shall
be liable under this provision for damages arising out of injury or damage to persons or property
directly caused or resulting from the sole negligence of Collier County, and its officers,
employees or agents.
E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in
part without the prior written consent of Collier County.
3
16B~;
F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement
between the parties, and may not be modified except by a writing signed by both parties. Any
and all prior understandings between the parties, either oral or written, with respect to the matters
set forth above, have been incorporated and merged into this Agreement, and are otherwise of no
further force or effect. This Agreement is for litter removal activities only. No beautification
activities are authorized by this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of
the date written above.
A TTEST:\ ...,
DWIGHT E. BROC~, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: :.
Dep\ltyCler,k
Attest at to,~*-^,
stQAlturt 0111'
GROUP: AD." ~ x. P "--r S "'> \ Ci> ,... $.
,/') !
By. 4 /-= -:-."
. ~-._- --'-
Name (print):
Title (print):
Phone # (day): '2....3. q - 'I L"7 6 "5 <6 ^3
Phone # (night): ~ \ --s -"'Z <\ 'bo
~I-
.
'"SC-\ "'- \d-. 0
Approved as to form
and Ie al s ffi iency:
4
ORIGINAL DOCUMENTS CHECKLIST & ROUTING su}6 B 4
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Prin! (Ill pink pilpCr. i\lIach to original dnclllllcnt. Original documents should hc hand ddivtTcd to the Board Ol'ficc rhe completed wlIting slip ;md original
uncUll1cnLs life to be ftlf\\ankd to till: noard Orlle..: nnl) lifter the !itlan..! has tak":ll action olllht: item,)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
excention of the Chainnan's sienature, draw a line throud routinQ: lines #1 throul!h #4, comnlete the checklist, and forward to Sue Filson line#5t
Route to Addressee(s) Office Initials Date
(List in routint> order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.)
Name of Primary Staff Erin M Hall Phone Number 252-8924
Contact
Agenda Date Item was 12-02-2008 Agenda Item Number 16 ~-3/
Aooroved bv the BCC 6;d 16B-4 J
Type of Document Adopt-A-Road Agreement's Number of Original 4
Attached Documents Attached
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro nate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCCs actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on -..() enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Coun Attorne's Office has reviewed the chao es, if a licable.
Yes
(Initial)
N/A (Not
A licable)
rJ~
2.
N/A
3.
4.
N/A
5.
6.
16B4
COLLIER COUNTY ADOPT -A-ROAD PROGRAM AGREEMENT
Terms and Conditions J ,Jl
THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this~ day
of \) ~l{ ,200 f by and between Collier County (hereinafter the "COUNTY"), and
the volunteer group, ROD's PERFORMANCE MARINE, (hereinafter the "GROUP"), whose
address is, 2382 Linwood Way, Naples, Florid, 34112.
WITNESSETH:
WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free
roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely
maintaining a litter-free Collier County; and
WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway
known as, WEBER BOULEY ARD NORTH, (the "Adopted Roadway"), acknowledges the
hazardous nature of picking up litter, and agrees to the following terms and conditions:
A. THE GROUP SHALL:
I. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway.
2. Perform litter removal on the Adopted Roadway in accordance with the Florida
Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida
Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of
Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of
which by this reference are incorporated herein.
3. Only allow such persons to participate as are determined by the GROUP to be
responsible enough to safely participate in litter removal activities. Participants must be at least
14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors
participating in the litter removal. There shall at all times be at least one person 18 years of age
or older who is on site and responsible for supervising all litter removal activities, with no one at
the site under the age of 14 for any reason.
4. Conduct at least two safety procedure meetings per year for its participating members.
Participants must sign the hold harmless agreement provided by the COUNTY, and attend a
16B4
safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to
this Agreement.
5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety
meetings.
6. Remove litter during daylight hours only, in good weather conditions only.
7. Pick up litter on one side of the road at a time.
8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on
medians, or where otherwise hazardous to do so.
9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the
pavement.
10. Remove litter a minimum of once montWy, and whenever the appearance of the Adopted
Roadway is objectionable.
II. Obtain required supplies and material from the COUNTY.
12 Place traffic control signs supplied by the COUNTY during trash pickup.
13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times
during the litter removal activity. The local maintenance office should be contacted to obtain
safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter
removal activity and return the same when activity is complete.
14. Not wear clothing that will hinder the sight of participants.
15. Coordinate pickup details with the County's project coordinator at least one week prior to
a pickup.
16. Place filled trash bags at the site for pickup and disposal by the COUNTY.
17. After each pickup, the adopting GROUP coordinator will file a report detailing the
number of people involved, number of bags of litter collected, composition and estimate of
recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for
making the reports, and filed with the COUNTY project coordinator.
18. The GROUP is encouraged to separate recyclable materials. All proceeds from
redemption of recyclable materials shall become the property of the Group.
19. Unused materials and supplies furnished by the COUNTY shall be returned to the
COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission,
be retained by the GROUP during the term of this Agreement.
2
1684
B. THE COUNTY SHALL:
1. Provide safety vests, trash bags, pickup sticks, and traffic control signs.
2. Provide GROUP with an outline pertaining to safety regulations.
3. Remove the filled trash bags as soon as possible after the pickup.
4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to
remove large, heavy or hazardous items.
5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the
area free 0 fl i tter.
C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by
either party, with or without cause, on 30 days written notice to the other party. This Agreement
creates no rights or interest. It: in the sole judgment of the County Project Coordinator, it is
found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY
may terminate this Agreement effective immediately. The COUNTY reserves the right to
modify or cancel the program at any time. Upon the termination of this Agreement by either
party, the GROUP will immediately return all County-owned materials to the County project
coordinator.
D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify
and hold harmless Collier County and its officers, agents and employees from any claim, loss,
damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group
or by any person performing litter removal as part of the GROUP during the performance of the
Agreement, whether direct or indirect, and whether to any person or property to which Collier
County or said parties may be subject, except that neither GROUP nor any of its members shall
be liable under this provision for damages arising out of injury or damage to persons or property
directly caused or resulting from the sole negligence of Collier County, and its officers,
employees or agents.
E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in
part without the prior written consent of Collier County.
3
16B4
F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement
between the parties, and may not be modified except by a writing signed by both parties. Any
and all prior understandings between the parties, either oral or written, with respect to the matters
set forth above, have been incorporated and merged into this Agreement, and are otherwise of no
further force or effect. This Agreement is for litter removal activities only. No beautification
activities are authorized by this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of
the date written above.
ATTEST: .'
DWLGfri' E. BltOCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
BY:
.,
B
hairman
Deplltx Ch~rk
Attest It. to ...tria
S1Q1l4turt on."
,
"
GROUP:
By:
Name (print):
Title (print): fr~
Phone # (day): ~. - '?1/- /~.J :>
Fhone # (night):~.7 "t'/?- /17'(77
Appro ed as t
and Ie al f
Jethey A. Klatzkow
County Attorney
,
!
4
l6 B "8
MEMORANDUM
Date:
December 30, 2008
To:
Brenda Brilhart, Purchasing Agent
Purchasing Department
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Contract #08-5135
"Bridge Repairs - Chokoloskee, Goodland, Green Boulevard
and Oil Well Road"
Contractor: American Earth Movers, Inc.
Attached please find the original contract, as referenced above, (Agenda
Item #16B8) approved by the Board of County Commissioners on Tuesday,
December 2, 2008.
The Minutes & Records Department has also retained an original copy which
will be kept as part of the Board's permanent record.
If you should have any questions, please contact me at 252-7240.
Thank you
vr Het elf- iHE
COIJN1Y l\ll'lrl~P
16 a.8
ITEM No.:o8 :rru...",d O~
DAT~~Y~D~M 8: 44
FILE NO.:
ROUTED TO:
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date:
December 17,2008
To:
Robert Zachary
Assistant County Attorney
From:
Brenda Brilhart
Purchasing Agent
239-252-8446
Re:
Contract #08-5135
Bridge Repairs (Chokoloskee, Goodland, Green Boulevard and Oil Well
Road)
Contractor: American Earth Movers, Inc
BACKGROUND OF REQUEST:
This contract was approved by the BCC on December 2, 2008; Agenda Item
l6.B.8
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Please forward to BCC for signature after approval. If there are any questions
concerning the document, please contact me. Purchasing would appreciate
notification when the documents exit your office. Thank you.
.j
j
IJAA/~
Y\w. ~L.~ d~( .
168 8
MEMORANDUM
TO: Jeff Walker/Ray Carter
Risk Management Department
FROM: Brenda Brilhart, Purchasing Agent
Purchasing Department
DATE: December 17, 2008
RE: Review of Insurance for Contract No. 08-5135
Bridge Repairs (Chokoloskee, Green Boulevard and Oil
Well Road)
Contractor American Earth Movers, Inc
This Contract was approved by the BCC on December 2, 2008,
Agenda Item 16.B.8
Please review the Bonds and Insurance Certificate in this Agreement
for the above-referenced contract. If everything is acceptable, please
forward to the County Attorney for further review and approval. Also
will you advise me when it has been forwarded. Thank you. If you
have any questions, please contact me at extension 8446.
;' /J .... /lttfJ/
ft' {"It
!.-y;lM1--'" c1 f
17; -;/ !~ , .
. (~kJ;i;
cc: Marlene Messam; TECM
168 8
Bridge Repairs
(Chokoloskee, Goodland, Green Boulevard and Oil Well Road)
COLLIER COUNTY BID NO. 08-5135
COLLIER COUNTY, FLORIDA
Design Professional:
TBE Group/Stanley Consultants
COLLIER COUNTY PURCHASING DEPARTMENT
3301 Tamiami Trail, East
Naples, Florida 34112
160
u
8
TABLE OF CONTENTS
A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY)
B. INSTRUCTIONS TO BIDDERS
C. BID, BID SCHEDULE AND OTHER DOCUMENTS
D. AGREEMENT
E. AGREEMENT EXHIBITS
EXHIBIT A: Performance and Payment Bond Forms
EXHIBIT B: Insurance Requirement Form
EXHIBIT C: Release and Affidavit Form
EXHIBIT D: Contractor Application for Payment Form
EXHIBIT E: Change Order Form
EXHIBIT F: Certificate of Substantial Completion Form
EXHIBIT G: Final Payment Checklist
EXHIBIT H: General Terms and Conditions
EXHIBIT I: Supplemental Terms and Conditions
EXHIBIT J: Technical Specifications
EXHIBIT K: Permits
EXHIBIT L: Standard Details (if applicable)
EXHIBIT M: Plans and Specifications prepared by TBE Group/Stanley Consultants
and identified as follows: Bridge Repairs
(Chokoloskee, Goodland, Green Boulevard and Oil Well Road)
as shown on Plan Sheets 1 through 48.
EXHIBIT N: Contractor's List of Key Personnel
168 8
PUBLIC NOTICE
INVITATION TO BID
COLLIER COUNTY, FLORIDA
Bridge Repairs
(Chokoloskee, Goodland, Green Boulevard and Oil Well Road)
COUNTY BID NO. 08-5135
Separate sealed bids for the construction of Bridge Repairs (Chokoloskee,
Goodland, Green Boulevard and Oil Well Road) , addressed to Mr. Steve Carnell,
Purchasing Director, will be received at the Collier County Government Complex, 3301
Tamiami Trail East, Purchasing Building, Purchasing Department, Naples, Florida
34112, until 2:30 P.M. LOCAL TIME, on the 29th day of October 2008, at which time
all bids will be publicly opened and read aloud. Any bids received after the time and
date specified will not be accepted and shall be returned unopened to the Bidder.
A non-mandatory pre-bid conference shall be held at the Purchasing Department,
Conference Room A, Purchasing Building "G" at 10:00 a.m. LOCAL TIME on the 15th
day of October, 2008, at which time all prospective Bidders may have questions
answered regarding the Bidding Documents for this Project.
Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County
Government, Collier County, Bridge Repairs (Chokoloskee, Goodland, Green
Boulevard and Oil Well Road), Bid No. 08-5135 and Bid Date of October 29, 2008.
No bid shall be considered unless it is made on an unaltered Bid form which is included
in the Bidding Documents. The Bid Schedule (GC-P-1 through GC-P-14) shall be
removed from the Bidding Documents prior to submittal.
Each bridge project will be awarded to the lowest, responsive and qualified
bidder. Bidding Documents may be examined on the Collier County Purchasing
Department E-Procurement website: www.collierqov.netlbid. Copies of the Bidding
Documents may be obtained only from the denoted website. Bidding Documents
obtained from sources other than the Collier County Purchasing Department website
may not be accurate or current.
Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an
amount not less than five percent (5%) of the total Bid to be retained as liquidated
damages in the event the Successful Bidder fails to execute the Agreement and file the
required bonds and insurance within fifteen (15) calendar days after the receipt of the
Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute
the Agreement in the form attached hereto and incorporated herein.
The Successful Bidder shall be required to furnish the necessary Payment and
Performance Bonds, as prescribed in the General Conditions of the Contract
Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and
Certificates of Insurance shall be either executed by or countersigned by a licensed
GC-PN-1
168 8
resident agent of the surety or insurance company having its place of business in the
State of Florida. Further, the said surety or insurance company shall be duly licensed
and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid
Bonds or Payment and Performance Bonds must file with each bond a certified and
effective dated copy of their Power of Attorney.
In order to perform public work, the Successful Bidder shall, as applicable, hold or
obtain such contractor's and business licenses, certifications and registrations as
required by State statutes and County ordinances.
Before a contract will be awarded for the Work contemplated herein, the Owner shall
conduct such investigations as it deems necessary to determine the performance record
and ability of the apparent low Bidder to perform the size and type of work specified in
the Bidding Documents. Upon request, the Bidder shall submit such information as
deemed necessary by the Owner to evaluate the Bidder's qualifications.
The Successful Bidder shall be required to finally complete all Work within calendar
days (specified in table below) from and after the Commencement Date specified in the
Notice to Proceed.
Project Days Days Final Total
Substantial Completion Days
Completion
Chokoloskee 85 15 100
Green Boulevard 65 10 75
Goodland 90/100 20/20 110/120
Oil Well Road 100 15 1i1q
The Owner reserves the right to reject all Bids or any Bid not conforming to the intent
and purpose of the Bidding Documents, and to postpone the award of the contract for a
period of time which: however, shall not extend beyond one hundred twenty (120) days
from the bid opening date without the consent of the Successful Bidder.
Dated this 29th day of September 2008.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: /s/ Stephen Y. Carnell, C.P.M.
Purchasing and General Services Director
GC-PN-2
1688
PART B - INSTRUCTIONS TO BIDDERS
Section 1. Definitions
1.1 The term "Owner" used herein refers to the Board of County Commissioners, or
its duly authorized representative.
1.2 The term "Project Manager" used herein refers to the Owner's duly authorized
representative and shall mean the Division Administrator or Department Director, as
applicable, acting directly or through duly authorized representatives.
1.3 The term "Design Professional" refers to the licensed professional engineer or
architect who is in privity with the Owner for the purpose of designing and/or monitoring
the construction of the project. At the Owner's discretion, any or all duties of the Design
Professional referenced in the Contract Documents may be assumed at any time by the
Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the
Project Manager may formally assign any of his/her duties specified in the Contract
Documents to the Design Professional.
1.4 The term "Bidder" used herein means one who submits a bid directly to the
Owner in response to this solicitation.
1.5 The term "Successful Bidder" means the lowest qualified, responsible and
responsive Bidder who is awarded the contract by the Board of County Commissioners,
on the basis of the Owner's evaluation.
1.6 The term "Bidding Documents" includes the Legal Advertisement, these
Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the
Agreement.
1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding
Documents, properly signed, providing the Owner a proposed cost for providing the
services required in the Bidding Documents.
Section 2. Preparation of Bids
2.1 The Bids must be submitted on the standard form herein furnished by the Owner
(pages GC-P-1 to GC-P-14 as bound in these Bidding Documents). By submitting a Bid,
Bidder acknowledges and agrees that it shall execute the Agreement in the form
attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by
typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be
accompanied by a hard copy of the completed Bid Schedule which shall be signed and
dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of
form, conditional bid or irregularities of any kind. Bids must be submitted in sealed
envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time,
and shall be addressed to the Collier County Purchasing Department, Purchasing
Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples,
Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be
enclosed in another sealed envelope addressed as above. Bids received at the
GC-IB-1
16e 8
location specified herein after the time specified for bid opening will be returned to the
bidder unopened and shall not be considered.
Section 3. Bid Deposit ReQuirements
3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same
shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a
certified check payable to Owner on some bank or trust company located in the State
of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an
amount not less than 5% of the bidder's maximum possible award (base bid plus all
add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit
shall be retained by Owner as liquidated damages if the Successful Bidder fails to
execute and deliver to Owner the unaltered Agreement, or fails to deliver the required
Performance and Payment Bonds or Certificates of Insurance, all within ten (10)
calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a
corporate surety licensed under the laws of the State of Florida to execute such bonds,
with conditions that the surety will, upon demand, forthwith make payment to Owner
upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the
Agreement has been executed by the Successful Bidder and same has been delivered
to Owner together with the required bonds and insurance, after which all three (3) Bid
Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be
released within ten (10) working days of the Bid Opening. No Bid including alternates,
shall be withdrawn within one hundred and twenty (120) days after the public opening
thereof. If a Bid is not accepted within said time period it shall be deemed rejected and
the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the
contract prior to the expiration of the 120 day period without selecting any or all
alternates, the Owner shall retain the right to subsequently award to the Successful
Bidder said alternates at a later time but no later than 120 days from opening, unless
otherwise agreed by the Purchasing Director and the Successful Bidder.
3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form
attached and deliver same to Owner within the time period noted above. The Owner
shall execute all copies and return one fully executed copy of the Agreement to
Successful Bidder within thirty (30) working days after receipt of the executed
Agreement from Successful Bidder unless any governmental agency having funding
control over the Project requires additional time, in which event the Owner shall have
such additional time to execute the Agreement as may be reasonably necessary.
Section 4. RiQht to Reiect Bids
4.1 The Owner reserves the right to reject any and all Bids or to waive informalities
and negotiate with the apparent lowest, qualified Bidder to such extent as may be
necessary for budgetary reasons.
Section 5. SianinQ of Bids
5.1 Bids submitted by a corporation must be executed in the corporate name by the
president, a vice president, or duly authorized representative. The corporate address
GC-IB-2
168 8
and state of incorporation must be shown below the signature.
5.2 Bids by a partnership must be executed in the partnership name and signed by a
general partner whose title must appear under the signature and the official address of
the partnership must be shown below said signature.
5.3 If Bidder is an individual, his or her signature shall be inscribed.
5.4 If signature is by an agent or other than an officer of corporation or general
partner of partnership, a properly notarized power of attorney must be submitted with
the Bid.
5.5 All Bids shall have names typed or printed below all signatures.
5.6 All Bids shall state the Bidder's contractor license number.
5.7 Failure to follow the provisions of this section shall be grounds for rejecting the
Bid as irregular or unauthorized.
Section 6. Withdrawal of Bids
Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement
for the opening of Bids, provided that the withdrawal is requested in writing, properly
executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of
a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified
for Bid opening.
Section 7. Late Bids
No Bid shall be accepted that fails to be submitted prior to the time specified in the
Legal Advertisement.
Section 8. Interpretation of Contract Documents
8.1 No interpretation of the meaning of the plans, specifications or other Bidding
Documents shall be made to a Bidder orally. Any such oral or other interpretations or
clarifications shall be without legal effect. All requests for interpretations or clarifications
shall be in writing, addressed to the Purchasing Department, to be given consideration.
All such requests for interpretations or clarification must be received at least ten (10)
calendar days prior to the Bid opening date. Any and all such interpretations and
supplemental instructions shall be in the form of written addendum which, if issued,
shall be sent by mail or fax to all known Bidders at their respective addresses furnished
for such purposes no later than three (3) working days prior to the date fixed for the
opening of Bids. Such written addenda shall be binding on Bidder and shall become a
part of the Bidding Documents.
8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid,
that it has received all addenda issued and it shall acknowledge same in its Bid.
GC-IB-3
16B 8
8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid
Conference is non-mandatory.
Section 9. Examination of Site and Contract Documents
9.1 By executing and submitting,its Bid, each Bidder certifies that it has:
a. Examined all Bidding Documents thoroughly;
b. Visited the site to become familiar with local conditions that may in any manner
affect performance of the Work;
c. Become familiar with all federal, state and local laws, ordinances, rules, and
regulations affecting performance of the Work; and
d. Correlated all of its observations with the requirements of Bidding documents.
No plea of ignorance of conditions or difficulties that may exist or conditions or
difficulties that may be encountered in the execution of the Work pursuant to these
Bidding Documents as a result of failure to make the necessary examinations and
investigations shall be accepted as an excuse for any failure or omission on the part of
the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever
for extra compensation or for an extension of time.
9.2 The Owner will make copies of surveys and reports performed in conjunction with
this Project available to any Bidder requesting them at cost; provided, however, the
Owner does not warrant or represent to any Bidder either the completeness or accuracy
of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own
expense, make such additional surveys and investigations as may be necessary to
determine its Bid price for the performance of the Work within the terms of the Bidding
Documents. This provision shall be subject to Section 2.3 of the General Conditions to
the Agreement.
Section 10. Material Reauirements
It is the intention of these Bidding Documents to identify standard materials. When
space is provided on the Bid Schedule, Bidders shall specify the materials which they
propose to use in the Project. The Owner may declare any Bid non-responsive or
irregular if such materials are not specifically named by Bidder.
Section 11. Bid Quantities
11.1 Quantities given in the Bid Schedule, while estimated from the best information
available, are approximate only. Payment for unit price items shall be based on the
actual number of units installed for the Work. Bids shall be compared on the basis of
number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said
unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not
GC-IB-4
16B 8
conforming to this requirement may be rejected. Special attention to all Bidders is
called to this provision, because if conditions make it necessary or prudent to revise the
unit quantities, the unit prices will be fixed for such increased or decreased quantities.
Compensation for such additive or subtractive changes in the quantities shall be limited
to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the
Project Manager and the Successful Bidder shall have the discretion to re-negotiate any
unit price(s) where the actual quantity varies by more than 25% from the estimate at the
time of bid.
Section 12. Award of Contract
12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the
bid invitation (including the form of the bid documents or bid procedures) shall file their
protest with the Purchasing Director prior to the time of the bid opening strictly in
accordance with Owner's then current Purchasing Policy.
12.2 The Board of County Commissioners has adopted a Local Preference "Right to
Match" policy to enhance the opportunities of Collier County business to receive
awards.
A "local business" is defined as a Collier County business that has a valid occupational
license issued by Collier County at least one year prior to bid or proposal submission to
do business within Collier County that authorizes the business to provide the
commodities or services to be purchased, and a physical business address located
within the limits of Collier County from which the vendor operates or performs business.
Post Office Boxes are not verifiable and shall not by used for the purpose of
establishing said physical address. In addition to the foregoing, a vendor shall not be
considered a "local business" unless it contributes to the economic development and
well-being of Collier County in a verifiable and measurable way. This may include, but
not be limited to, the retention and expansion of employment opportunities, the support
and increase to the County's tax base, and residency of employees and principals of the
business within Collier County. Vendors shall affirm in writing their compliance with the
foregoing at the time of submitting their bid or proposal to be eligible for consideration
as a "local business" under this section.
When a qualified and responsive, non-local business submits the lowest price bid, and
the bid submitted by one or more qualified and responsive local businesses is within ten
percent (10%) of the price submitted by the non-local business, then the local business
with the apparent lowest bid offer (i.e.; the lowest local bidder) shall have the
opportunity to submit, an offer to match the price(s) offered by the overall lowest,
qualified and responsive bidder. In such instances, staff shall first verify if the lowest
non-local bidder and the lowest local bidder are in fact qualified and responsive bidders.
Next, the Purchasing Department shall determine if the lowest local bidder meets the
requirements of Section 287.087 F.S. If the lowest local bidder meets the requirements
of 287.087, F.S., the Purchasing Department shall invite the lowest local bidder to
submit a matching offer to the Purchasing Department which shall be submitted to the
Purchasing Department within five (5) business days thereafter. If the lowest local
bidder submits an offer that fully matches the lowest bid from the lowest non-local
GC-IB-5
168 8
bidder tendered previously, then award shall be made to the local bidder. If the lowest
local bidder declines or is unable to match the lowest non local bid price(s), than award
will be made to the lowest overall qualified and responsive bidder. If the lowest local
bidder does not meet the requirement of Section 287.087 F.S. and the lowest non-local
bidder does, award will be made to the bidder that meets the requirements of the
reference state law.
Bidder must complete and submit with their proposal response, the Affidavit for
Claiming Status as a Local Business which is included as part of this solicitation.
Failure on the part of a Bidder to submit this Affidavit with their proposal response will
preclude said Bidder from being considered for preference on this solicitation. A vendor
who misrepresents the Local Preference status of its firm in a bid submitted to the
County will lose the privilege to claim Local Preference status for a period of up to one
year.
The County may, as it deems necessary, conduct discussions with responsible bidders
determined to be in contention for being selected for award for the purpose of
clarification to assure full understanding of, and responsiveness to solicitation
requirements.
12.3 The Award of Contract(s) shall be issued to the lowest, responsive and
qualified Bidder(s) determined on the basis of the total base bid for each
individual project (Chokoloskee, Goodland, Green Boulevard and Oil Well Road)
and the Owner's investigations of the Bidder. In determining the lowest, responsive and
qualified bidder, the Owner shall consider the capability of the Bidder to perform the
contract in a timely and responsible manner. When the contract is awarded by Owner,
such award shall be evidenced by a written Notice of Award, signed by a Purchasing
Agent of the Owner's Purchasing Department or his or her designee and delivered to
the intended awardee or mailed to awardee at the business address shown in the Bid.
12.4 Award recommendations will be posted outside the offices of the Purchasing
Department generally on Wednesdays and Thursdays prior to the presentation to the
Board of County Commissioners. Award of Contract will be made by the Board of
County Commissioners in public session. Any actual or prospective bidder who desires
to formally protest the recommended contract award must file a notice of intent to
protest with the Purchasing Director within two (2) calendar days (excluding weekends
and holidays) of the date that the recommended award is posted. Upon filing of said
notice, the protesting party will have five (5) days to file a formal protest, said protest to
strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing
Policy is available at the offices of the Purchasing Director.
12.5 For Bidders who may wish to receive copies of Bids after the Bid opening, the
Owner reserves the right to recover all costs associated with the printing and distribution
of such copies.
GC-IB-6
168 8
Section 13. Sales Tax
13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales
tax savings program and the Successful Bidder agrees to fully comply, at no additional
cost to Owner, with such sales tax savings program implemented by the Owner as set
forth in the Agreement and in accordance with Owner's policies and procedures.
Section 14. Exclusion of County Permits in Bid Prices
14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public
Bid Disclosure Act", Collier County will pay for all Collier County permits and fees
applicable to the Project, including license fees, permit fees, impact fees or inspection
fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall
not include these permiUfee amounts in their bid offer. However, the Successful Bidder
shall retain the responsibility to initiate and complete all necessary and appropriate
actions to obtain the required permits other than payment for the items identified in this
section.
14.2 The Successful Bidder shall be responsible for procuring and paying for all
necessary permits not issued by Collier County pursuant to the prosecution of the work.
Section 15. Use of Subcontractors
15.1 To ensure the Work contemplated by the Contract Documents is performed in a
professional and timely manner, all Subcontractors performing any portion of the work
on this Project shall be "qualified" as defined in Collier County Ordinance 87-25,
meaning a person or entity that has the capability in all respects to perform fully the
Agreement requirements and has the integrity and reliability to assure good faith
performance. A Subcontractor's disqualification from bidding by the Owner, or other
public contracting entity within the past twelve months shall be considered by the Owner
when determining whether the Subcontractors are "qualified."
15.2 The Owner may consider the past performance and capability of a Subcontractor
when evaluating the ability, capacity and skill of the Bidder and its ability to perform the
Agreement within the time required. Owner reserves the right to disqualify a Bidder who
includes Subcontractors in its bid offer which are not "qualified" or who do not meet the
legal requirements applicable to and necessitated by this Agreement.
15.3 The Owner may reject all bids proposing the use of any subcontractors who have
been disqualified from submitting bids to the Owner, disqualified or de-certified for
bidding purposes by any public contracting entity, or who has exhibited an inability to
perform through any other means.
15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders
shall identify the subcontractor(s) it intends to use for the categories of work as set forth
in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders
acknowledge and agree that the subcontractors identified on the list is not a complete
list of the subcontractors to be used on the Project, but rather only the major
GC-IB-7
168 8
subcontractors for each category of Work as established by Owner. Bidders further
acknowledge that once there is an Award of Contract, the Successful Bidder shall
identify, subject to Owner's review and approval, all the subcontractors it intends to use
on the Project. Once approved by Owner, no subcontractor shall be removed or
replaced without Owner's prior written approval.
Section 16. Prohibition of Gifts
No organization or individual shall offer or give, either directly or indirectly, any favor,
gift, loan, fee, service or other item of value to any County employee, as set forth in
Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05,
and County Administrative Procedure 5311. Violation of this provision may result in one
or more of the following consequences: a. Prohibition by the individual, firm, and/or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/or
quotes; and, c. immediate termination of any contract held by the individual and/or firm
for cause.
Section 17. Public Entity Crimes
By its submitting a Bid, Bidder acknowledges and agrees to and represents it is
in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read
as follows:
"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,
proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with
a public entity for the construction or repair of a public building or
public work; may not submit bids, proposals, or replies 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 any public entity; and may not transact business with any public
entity in excess of the threshold amount provided in s. 287.017 for
CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list."
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~ COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL
ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING
NAPLES, FLORIDA 34112
(239) 252-8446
www.colliergov.net/purchasing
ADDENDUM
DATE:
October 28, 2008
TO: r_
FROUj
SUBJECT:
Interested Bidders
Brenda Brilhart, Purchasing Agent
Addendum #4: Bid # 08-5135 - Bridge Repairs (Chokoloskee, Goodland,
Green Boulevard and Oil Well Road)
Addendum #43 covers the following change for the above-referenced Bid:
REPLACE: Chokoloskee Signed and Sealed Plans and Bid Schedule - changes include the
following:
1. On Sheet 4: Concrete pavement detail, changed 4" concrete pavement to articulated block.
2. Sheet 4: Concrete finish coating detail, added railing to the limits of finish coating.
3. On Sheet 6: Regrade slopes note 2, removed note since it is included in note 3 of the adjacent
section.
4. Moved from sheet 6 to sheet 8: Seawall repair and slope protection repair items.
5. On Sheet 6: Added carbon fiber repair, bridge railing repair, and legend notes.
6. On sheet 6, Removed "replace existing rip-rap with International Erosion Control Systems'
"Cable Concrete" or engineer approved equal". It was our intent to replace this material with
Contech Armorflex 30s or engineer approved equal. Both IECS CC35 and Shoretec BD-4000c are
also acceptable choices for the slope protection repair.
7. On sheet 8: Added expansion joint, bridge railing, and guardrail repair item notes. It is our intent
that replacing and resetting the hazard markers is included in the cost of the guardrail repairs.
QUESTIONS & ASNWERS:
Q: The filter fabric used under the articulating block mats is calling for Geotex 2x2HF, I would
like to know if Mirafi FW404 will be an approved equal and I would also like to know if this
fabric is to used be under the Articulating Block Mats and the AB600 mat or will another
168 8
product be required under the AB600 mat and if so please specify what filter fabric is to used
under the AB600 mat?
A: The filter fabric used under the grout-injected fabric-formed articulating mat used on
Bridges 034014, 030153 and 030154 shall meet the requirements of Section 985 of FDOT
Standard Specifications for Road and Bridge Construction and FDOT Standard Index
199.
Q: In the plan details for the Chokoloskee Bay Bridge Repair, page number 6 listed under the
slope protection repair notes it says to replace existing concrete slope pavement with
International Erosion Control Systems Cable Concrete or engineer approved equal. I see that
the county has now approved through the answer question section the Armorflex 30s as an
equal, I would like for you clarify that the IECS Cable Concrete CC 35 Open Cell Articulating
Block Mats that was originally specified on this project is also acceptable
A: Yes; the IECS Cable Concrete CC 35 Open Cell Articulating Block Mats are also
acceptable.
Q: What is the approximate minimum and maximum rate of flow at each bridge?
A: The following maximum velocities were obtained from the FDOT Bridge Scour
Reports and are based on the overtopping event:
Bridge 034014 3.6 fps
Bridge 030153 8.7 fps
Bridge 030154 9.3 fps
We were unable to obtain minimum velocities.
If you require additional information please call me at 239/252-8446 or bye-mail at
brendabrilhart@colliergov.net.
cc: Marlene Messam Project Manager
Encs: Project Photos
Pre-Bid Sign In Sheets
Pre-Bid Recording
Approved Product List
Signed & Sealed Plans
2
168 8
~ COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL
ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING
NAPLES, FLORIDA 34112
(239) 252-8446
www.colliergov.net/purchasing
ADDENDUM
DATE:
October 28, 2008
TO: Interested Bidders
FRO~ Brenda Brilhart, Purchasing Agent
SUBJECT: Addendum #3: Bid # 08-5135 - Bridge Repairs (Chokoloskee, Goodland,
Green Boulevard and Oil Well Road)
Addendum # 3 covers the following change for the above-referenced Bid:
The due date for this bid has been changed to November5, 2008 at 2:30 p.m.
If you require additional information please call me at 239/252-8446 or bye-mail at
brendabrilhart@colliergov.net.
cc: Marlene Messam Project Manager
168 8
~ COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL
ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING
NAPLES, FLORIDA 34112
(239) 252-8446
www.colliergov.net/purchasing
ADDENDUM
DATE:
October 21, 2008
TO: Interested Bidders
FRo~renda Brilhart, Purchasing Agent
SUBJECT: Addendum #2: Bid # 08-5135 - Bridge Repairs (Chokoloskee, Goodland,
Green Boulevard and Oil Well Road)
Addendum # 2 covers the following change for the above-referenced Bid:
Question 1:
The specifications called for a 6" thick filter point mat to be used around the bridge piles and in the
plans it is calling for a 6" filter point mat. This has caused some confusion, a 6" thick filter point
has filter points spaced 10" on center. Where a mat with 6" filter point spacing is not made. I did
see where the county has stated that a 8" filter point mat will be accepted, the 8" filter point mat in
only 4" thick. I would like to know which of the following products will the county accept for this
project:
FP400 = 4" thick / 8" filter point spacing
or
FP600 = 6" thick /10" filter point spacing
Answer: A 6" thick mat is required. The 10" filter point spacing (FP600) will be acceptable.
Question 2:
The specifications for the Articulating Block Mat call for a 6" thick block that has a block size of 30"
x 30". The 6" thick Articulating Block Mat has a block size of 20" x 20" and the 12" thick
Articulating Block Mat is 30" x 30". I would like to know which of the following products will the
county accept for this project:
AB600 = 6" thick / block size 20" x 20"
or
AB 1200 = 12" thick / block size 30" x 30"
16B 8
BID 08-5116 Addendum #1
Answer: A 6" thick mat is required. The 20" x 20" (AB600) will be acceptable.
Question 3:
The specifications for the Chokoloskee Bridge calls for the IECS Cable Concrete Articulating
Block Mats, but does not specify what thickness or if the blocks need to be a closed or open cell
system. Please specify what thickness and system the county will accept for this project.
Answer: The articulating block shall be Contech Armorflex 30s or an engineer approved
equal. This is an open cell block with a Nominal Depth of 4.75 inches.
You can find Contech's Armorflex brochure at:
http://www.contech-cpi.com/media/assets/assetlfi Ie name/54/ ARMORTEC ArmorFlex2. pdf
You can find Contech's Armorflex specifications at:
http://www.contech-
cpLcom/media/assets/assetlfile name/4913/ArmorFlex 305 General 5pec.rtf
Question 4:
What type of Plastic Filter Fabric is to be used under the Articulating Block Mat?
Answer: The filter fabric requirement's are outlined in the Armorflex specification
mentioned in the answer to Question 3 above. Contech's Armorflex representative (Dave
Ziggler, 407-810-4935) recommends using Geotex 2x2 HF.
If you require additional information please call me at 239/252-8446 or bye-mail at
brendabrilhart@colliergov.net.
cc: Marlene Messam Project Manager
2
168 18
~ COLUER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL
ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING
NAPLES, FLORIDA 34112
(239) 252-8446
www.colliergov.net/purchasing
ADDENDUM
DATE:
October 9, 2008
TO: Interested Bidders
FRO~Brenda Brilhart, Purchasing Agent
SUBJECT: Addendum #1: Bid # 08-5135 - Bridge Repairs (Chokoloskee, Goodland,
Green Boulevard and Oil Well Road)
Addendum # 1 covers the following change for the above-referenced Bid:
REMOVE the entire Goodland Bridge No. 030184 (CR 92 over Marco Channel) component
from this solicitation. This bridge may be bid out separately once further investigations are
completed.
CHANGE: If price savings would warrant, the County is considering awarding the work on a
job by job basis or collectively as one contract. Revised Bid Schedule attached.
If you require additional information please call me at 239/252-8446 or bye-mail at
brendabri Ihart@colliergov.net.
cc: Marlene Messam Project Manager
Enc: Bid Schedule
168 8
Proj. Mgr.. Marlene Messam
81008-5135
',ridge Repairs (Chokoloskee. Goodland, Green Blvd. and Oil Well.
ADDENDUM #1
ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE
101-1 Mobilization LS 1 $0.00
102-1 Maintenance of Traffic LS 1 $0,00
104-11 Turbidity Barrier (Floating) LF 240 $0.00
10413-A Silt Fence LF 500 $0.00
110-4 Removal of Existino Concrete Pavement SY 1,200 $0.00
400-97 Cleaninq and Finish Coating SF 4,800 $0,00
400-135 Clean and Repair Cracks LF 700 $0.00
401-70-2 Concrete Repairs: Patch Soalls, Delaminations and Honevcombed Concrete CF 60 $0,00
405-70-5 Carbon Fiber WraD SF 225 $0.00
458-1 Replace Expansion Joint LF 300 $0.00
530-78 Cable Concrete System SF 10,000 $0.00
536~1~14 Reoair/Reolace Barrier LF 350 $0.00
536-1-2 Guardrail Bridne LF 80 $0.00
706-3 Retfo-Reflective Pavement Markers EA 24 $0,00
711-11-221 Thermoplastic Striping LF 850 $0.00
TOTAL BASE BIO I $0.00 I
CHOKOLOSKEE NO. 030161
101-1 Mobilization LS 1 $0,00
102-1 Maintenance of Traffic LS 1 $0.00
104-11 Floatino Turbiditv Barrier LF 45 $0.00
458-1-21 Bridge Deck Exnansion Joint LF 85 $0.00
530-78 ArticulatinQ Block Mat SY 462 $0.00
9455-1 Pile Repair Each 4 $0,00
TOTAL BASE BID I $0.00 I
GREEN BOULEVARD NO 034014
101~1 Mobilization LS 1 $0.00
102-1 Maintenance of T raffle LS 1 $0.00
104-11 Floatina Turbiditv Barrier LF 171 $0.00
401-70-4 Restore Spa lied Areas CF 12.4 $0,00
458-1-21 Bridge Deck Exoansion Joint LF 90 $0.00
530-78 Articulating Block Mat SY 2346 $0.00
9455-1 Pile Repair Each 13 $0.00
TOTAL BASE BID I $0,00 I
TOTAL ALL PROJECTS I $0,00 I
OIL WELL ROAD NO 030153 & 030154
.....AWARD MAY BE MADE BASED ON THE TOTAL FOR ALL THREE PROJECTS.....
16,B a
{).~~~
CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Bridge Repairs
(Chokoloskee, Goodland, Green Boulevard and Oil Well Road)
BID NO. 08-5135
Full Name of Bidder American Earth Movers, Inc.
Main Business Address 821 NE 79th Street
Place of Business Miami Shores, FL 33138
Telephone No. 305 865-6952
Fax NO.305 867-5050
State Contractor's License #
CGC 061280
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
(hereinafter called the Owner)
The undersigned, as Bidder declares that the only person or parties interested in this
Bid as principals are those named herein, that this Bid is submitted without collusion
with any other person, firm or corporation; that it has carefully examined the location of
the proposed Work, the proposed form of Agreement and all other Contract Documents
and Bonds, and the Contract Drawings and Specifications.
Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement
included in the Bidding Documents, to provide all necessary machinery, tools,
apparatus and other means of construction, including utility and transportation services
necessary to do all the Work, and furnish all the materials and equipment specified or
referred to in the Contract Documents in the manner and time herein prescribed and
according to the requirements of the Owner as therein set forth, furnish the Contractor's
Bonds and Insurance specified in the General Conditions of the Contract, and to do all
other things required of the Contractor by the Contract Documents, and that it will take
full payment the sums set forth in the following Bid Schedule:
NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your
bid pages.
GC-P-1
proj.' Mgr.: Marlene Messam
81D08-5135
Bridge Repairs (Chokoloskee, Goodland, Green Blvd. and Oil Well Road)
ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE
101-1 Mobilization LS 1 $2.500.00 $2.500.00
102-1 Maintenance of Traffic LS 1 $3.500,00 $3,500.00
104-11 Turbidity Barrier (Floating) LF 240 $6,00 $1,440.00
104-13-A Silt Fence LF 500 $0.95 $475.00
110-4 Removal of Existing Concrete Pavement SY 1.200 $11,00 $13,200,00
400-97 Cleaning and Finish Coating SF 4.800 $4,95 $23,760.00
400-135 Clean and Reoair Cracks LF 700 $48.00 $33,600.00
401-70-2 Concrete Renairs; Patch Spalls, Oelaminations and Honeycombed Concrete CF 60 $750,00 $45,000,00
405-70-5 Carbon Fiber Wran SF 225 $272.00 $61,200,00
458-1 Replace Exoansion Joint LF 300 $58.00 $17,400.00
530-78 Cable Concrete Svstem SF 10.000 $8,50 $85,000,00
536-1-14 Repair/Replace Barrier LF 350 $68.00 $23,800.00
536-1-2 Guardrail Bridge LF 80 $48.00 $3.840,00
706-3 Retro-Reflective Pavement Markers EA 24 $16,00 $384.00
711-11-221 Thermoplastic Striping LF 850 $3,53 $3.000.50
TOTAL BASE BID I $318,099,50 I
CHOKOLOSKEE NO. 030161
16 B ADDEN~r'
101-1 Mobilization LS 1 $2,500.00 $2.500.00
102-1 Maintenance of Traffic LS 1 $1.500.00 $1.500.00
104-11 Floating Turbidity Barrier LF 45 $6.00 $270.00
458-1-21 Bridge Deck Expansion Joint LF 85 $75.00 $6.375.00
530-78 Articulating Block Mat SY 462 $113.65 $52,506.30
9455-1 Pile Repair Each 4 $5.000.00 $20,000.00
TOTAL BASE BID I $83.151.30 I
GREEN BOULEVARD NO. 034014
101-1 Mobilization LS 1 $4.500.00 $4,500.00
102-1 Maintenance of Traffic LS 1 $1,500.00 $1.500.00
104-11 Floating Turbiditv Barrier LF 171 $6.00 $1.026.00
401-70-4 Restore Spalled Areas CF 12.4 $850.00 $10.540.00
458-1-21 Bridge Deck Expansion Joint LF 90 $60.00 $5,400.00
530-78 Articulating Block Mat SY 2346 $100.00 $234,600.00
9455-1 Pile Repair Each 13 $4,706.40 $61,183.20
TOTAL BASE BID I $318,749.20 I
TOTAL ALL PROJECTS I $720,000.00 I
OIL WELL ROAD NO 030153 & 030154
.....AWARD MAY BE MADE BASED ON THE TOTAL FOR ALL THREE PROJECTS"'"
168 8
MATERIAL MANUFACTURERS
The Bidder is required to state below, material manufacturers it proposes to utilize on
this project. No change will be allowed after submittal of Bid. If substitute material
proposed and listed below is not approved by Engineer, Bidder shall furnish the
manufacturer named in the specification. Acceptance of this Bid does not constitute
acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR
BID WILL BE DEEMED NON-RESPONSIVE.
MATERIAL e)(/Wc:.c. 3S CJPU-\) MANUFACTURER
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Dated_l\ /04 o\? ')A~C<:LU ECL\.~ M'l:N~)T~
I ;? Bidder A j A ^ ~ ~
BY: ~ ~
GEO'1-~t fvtU 10 JJ 13
pi\.J-0 ~
2.
GC-P-3
168 8
LIST OF SUBCONTRACTORS
llhe undersigned states that the following is a full and complete list of the proposed
~ubcontractors it intends to use on this Project with respect to the categories of work
iqentified below, and that such list will not be added to nor altered without the prior
written consent of the Project Manager. The undersigned further acknowledges its
r~sponsibility for ensuring that the Subcontractors listed herein are "qualified" (as
defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal
r$quirements applicable to and necessitated by the Contract Documents, including, but
~ot limited to proper licenses, certifications, registrations and insurance coverage. The
'iwner reserves the right to disqualify any Bidder who includes non-compliant or non-
qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful
idder to remove/replace any Subcontractor, at no additional cost to Owner, which is
fund to be non-compliant with this requirement either before or after the issuance of .
t e Award <if Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE
EEMED NON-RESPONSIVE. (Attach additional sheets as needed). Further, the
uindersigned acknowledges and agrees that promptly after the Award of Contract, and in
accordance with the requirements of the Contract Documents, the Successful Bidder
Stall identify all Subcontractors it intends to use on the Project. The undersigned
f rther agrees that all Subcontractors subsequently identified for any portion of work on
t, is Project must be qualified as noted above.
1
Cateqorv of Work
-At)j~" ~~cP M~
Subcontractor and Address
jfJ' 11,. ~ \M. Ytv\ ~f2-uJ >
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11/0Y/OY
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BY:
GC-P-4
168 8
STATEMENT OF EXPERIENCE OF BIDDER
The Bidder is required to state below what work of similar magnitude completed within
the last five years is a judge of its experience, skill and business standing and of its
ability to conduct the work as completely and as rapidly as required under the terms of
the Agreement.
Proiect and Location
Reference
1.
2.
5z-~
~'
Dc
3.
4.
5.
6.
Dated
A~~ e~
,I Bidder # ~~ ) J',..,..-z
BY: 1A..L.t ~
6(;b~<o& MV"-'lOe
4~~
GC-P-5
Contract Name:
Contract Number:
Value:
Date Started:
Completion:
Location:
Description:
Client:
Name:
Address:
Phone Number:
Contact Person:
Supervisor:
Name:
Address:
Phone Number:
Contract Name:
Contract Number:
Value:
Date Started:
Date Completion:
Location:
Description:
Client:
Name:
Address:
Phone Number:
Contact Person:
Supe,rvisor:
Name:
Address:
Phone Number:
CHAIN OF LAKES RESTORATION PROJECT
2007907
$ 2,051,292.00
7/24/2007
100%
John Prince Park, Lake Worth, Palm Beach County
Dredging, culverts and planting, installation of stone revetment
Land Restoration
Palm Beach County Environmental Resources Management
2100 N Jog Road, 4th Floor, West Palm Beach, FL 33411
561 233-2435
Carolyn Beisner
Carolyn Beisner
2300 North Jog Road, 4 Floor
West Palm Beach, FI, 33411
561 233-2435
S-12D SPILLWAY STRUCTURE
6000000024/C447
$ 1,379,000.00
12/21/2006
100%
Miami Dade County'
Spillway Dredging, Land Restoration
SOUTH WATER MANAGEMENT DISTRICT
3301 Gun Club Road, West Palm Beach, FI, 33406
561-682-2813
Cathy Richards
Lai Shafau
3301 Gun Club Road, West Palm Beach, FI, 33406
561-682-6243
168 8
Contract Name:
Contract Number:
Value:
Date Started:
Date Completion:
Location:
Description:
Client:
Name:
Address:
Phone Number:
OwnE'r/Contact Person:
Supervisor:
Name:
Address:
Phone Number:
Contract Name:
Contract Number:
Value:
Date Started:
Date Completion:
Location:
Description:
Client:
Name:
Address:
Phone Number:
Owner/Contact Person:
Supervisor:
Name:
Address:
Phone Number:
168 '8
OCEAN REEF BRIDGE
Subcontract
$280,000
7/1/2007
100%
City of Key Largo
Miscellaneous piling repairs, structural concrete approach repairs, MOT
Land Restoration
Florida Machine Shop & Marine Repairs
5660 NW 35th Avenue, Miami FL
305219-2181
Fulgencio Rivas
Fulgencio Rivas
5660 NW 35th Avenue
Miami FL
305219-2181
BAY HARBOR BRIDGE
Subcontract
$250,000
11/1/2007
100%
Miami, FL
Structural steel repairs, structural concrete reapirs, MOT
Florida Machine Shop & Marine Repairs
5660 NW 35th Avenue, Miami FL
305219-2181
Fulgencio Rivas
FuIgencio Rivas
5660 NW 35th Avenue
Miami FL
305219-2181
168 8
TRENCH SAFETY ACT
Bidder acknowledges that included in the various items of the bid and in the Total Bid
Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida)
effective October 1, 1990. The Bidder further identifies the cost to be summarized
below:
Trench Safety
Measure
(Description)
Units of
Measure
(LF,SY)
Unit
(Quantity)
Unit
Cost
Extended
Cost
1.
2.
3.
4.
5.
TOTAL $
Failure to complete the above may result in the Bid being declared non-responsive.
Dated \ \ 10 i oiS
(
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BY:
GC-P-6
16B '8
AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS
ITB#:08-5135 Bridge Repairs
(Chokoloskee, Goodland, Green Boulevard and Oil Well Road)
STATE OF FLORIDA and the COUNTY OF COLLIER
BIDDER AFFIRMS THAT IT IS A LOCAL BUSINESS AS DEFINED BY THE
PURCHASING POLICY OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS AND THE REGULATIONS THERETO.
AS DEFINED IN SECTION XI OF THE COLLIER COUNTY PURCHASING POLICY;
"Local Business" means a Collier County business that has a valid occupational
license issued by Collier County at least one year prior to bid or proposal
submission to do business within Collier County that authorizes the business to provide
the commodities or services to be purchased, and a physical business address located
within the limits of Collier County from which the vendor operates or performs business.
Post Office Boxes are not verifiable and shall not by used for the purpose of
establishing said physical address. In addition to the foregoing, a vendor shall not be
considered a "local business" unless it contributes to the economic development and
well-being of Collier County in a verifiable and measurable way. This may include, but
not be limited to, the retention and expansion of employment opportunities, the support
and increase to the County's tax base, and residency of employees and principals of the
business within Collier County. Vendors shall affirm in writing their compliance with the
foregoing at the time of submitting their bid or proposal to be eligible for consideration
as a "local business" under this section. A vendor who misrepresents the Local
Preference status of its firm in a proposal or bid submitted to the County will lose the
privilege to claim Local Preference status for a period of up to one year.
Please provide the following information for the Bidder:
Year Business Established in Collier County: *-
Number of Employees (Including Owner(s) or Corporate Officers): I s:-
Number of Employees Living in Collier County (Including Owner(s) or Corporate
Officers): ~ I .p.-
I
GC-P-7
168'8
If requested by the County, bidder will be required to provide documentation
substantiating the information given in this affidavit. Failure to do so will result in
bidder's submission being deemed not applicable.
A ~CaJ.--C t: o.^- ~ M o~ ) :r tJ c.
Bid'L ~/
Signature
e~ cLv5\
Title
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to and Subscribed Before M~,(a Notary Public, ~r the above State and County,
on this U~ Day of ljJ t)\1 ,20 0 .
I. (\ t-,
Notary Public
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My Commission Expires:
(AFFIX OFFICIAL SEAL)
GC-P-8
168 8
Upon notification that its Bid has been awarded, the Successful Bidder will execute the
Agreement form attached to the Bidding Documents within ten (10) calendar days and
deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract
Documents. The bid security attached is to become the property of the Owner in the
event the Agreement, Insurance Certificates and Bonds are not executed and delivered
to Owner within the time above set forth, as liquidated damages, for the delay and
additional expense to the Owner, it being recognized that, since time is of the essence,
Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to
Owner the required Agreement, Insurance Certificates and Bonds within the required
time period. In the event of such failure, the total amount of Owner's damages, will be
difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it
is appropriate and fair that Owner receive liquidated damages from the Successful
Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates,
and Bonds as required hereunder. The Successful Bidder hereby expressly waives and
relinquishes any right which it may have to seek to characterize the above noted
liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of Owner's actual damages at the time of bidding if the Successful
Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in
a timely manner.
Upon receipt of the Notice of Award, the undersigned proposes to commence work at
the site within 5 calendar days from the commencement date stipulated in the written
Notice to Proceed unless the Project Manager, in writing, subsequently notifies the
Contractor of a modified (later) commencement date. The undersigned further agrees to
substantially complete all work covered by this Bid per project site within consecutive
calendar days in the table below, computed by excluding the commencement date and
including the last day of such period, and to be fully completed to the point of final
acceptance by the Owner within consecutive calendar days specified in table below
after Substantial Completion, computed by excluding commencement date and
including the last day of such period.
Project Days Days Final Total
Substantial Cornpletion Days
Completion
Chokoloskee 85 15 100
Green Boulevard 65 10 75
Goodland 90/100 20/20 110/120
Oil Well Road 100 15 115
GC-P-9
168 8
Respectfullv Submitted:
State of
County of
Florida
Miami-Dade
, being first duly sworn on
oath deposes and says that the Bidder on the above Bid is organized as indicated and
that all statements herein made are made on behalf of such Bidder and that this
deponent is authorized to make them.
e. \r1 M ~ ~ M lJ N u E , also deposes and says
that it has examined and car fully prepared Its Bid from the Bidding Documents,
including the Contract Drawings and Specifications and has checked the same in detail
before submitting this Bid; that the statements contained herein are true and correct.
c; R> J<..Job
MUtJ DE
(a) Corporation
The Bidder is a corporation organized and existing under the laws of the State of
Florida, which operates under the legal name of _American Earth Movers, Inc., and the
full names of its officers are as follows:
President Georqe Munne
Secretary Christy Munne
Treasurer
Manager
The _George Munne is authorized to sign construction
bids and contracts for the company by action of its Board of Directors taken
, a certified copy of which is hereto attached (strike
out this last sentence if not applicable).
(b) Co-Partnership
The Bidder is a co-partnership consisting of individual partners whose full names are as
follows:
GC-P-10
168 8
The co-partnership does business under the legal name of:
(c) Individual
The Bidder is an individual whose full name is
and if operating under a trade name, said trade name is
DATED
legal entity
BY:
Name of Bidder (Typed)
Witness
Witness
Signature
Title
STATE OF Florida
COUNTY OF Miami-Dade
The foregoing insillJrnent w~ acknA'''l'ledged before me this
2008, Qy <69) R- 65 I~ u p De , as
of {4:~ <- o-..M.- b'
behalf of the cor))~t~~, e he is erso ally kno n to me
and did (did not) take an oath.
corporation, on
or has produced
as identification
My Commission Expires:
I J~
-'
.t-"
NAME:
(Signature of Notary) ,
(Le;:' ~ri~ed) I3 ~'~?B~~
,,' ,'\ ,.."")",IfO",, ~"
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, . 6/25/' ... '"
Notary. P~blic, State it (NOT ARt' 2010 \ ,
CommiSSion No.: :0: : L8CI' PPlUe i ~
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(AFFIX OFFICIAL SEAL)
GC-P-11
168 8
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we American Earth Movers, Inc.
(herein after called the Principal) and
The Guarantee Company of- North America USA
,
(herein called the Surety), a corporation chartered and existing under the laws of the
State of MI with its principal offices in the city of S6uthfield
and authorized to do business in the State of FL are held and
firmly bound unto the Collier County Purohasing Department
(hereinafter called the Owner), in the full and just sum of
Five Percent of Amount Hi d dollars ($ 5% )
good and lawful money of the United States of America, to be paid upon demand of the
Owner, to which payment well and truly to be made, the Principal and the Surety bind
themselves, their heirs. and executors, administrators, and assigns, jointly and sevemlly
and firmly by these presents.
Whereas, the Principal is about to SUbmit, or has submitted to the Owner, a Bid for
furnishing all labor, materials, equipment and incidentals necessary to furnish, install,
and fully complete the Work on the Project known as Bri doe Rep.i rs :
Bridge Repairs
(ChokoJoskee, Goodland. Green Boulevard and Oil Well Road)
Bid No. 08-5135
NOW, THEREFORE, if the Owner shall accept the Bid of the PRIN91PAL and the
PRINCIPAL shall enter into the required Agreement with the Owner and within ten days
after the date of a written Notice of Award in accordance with the tenns of such Bid, and
give such bond or bonds in an amount of 100% the total Contract Amount as specified in
the Bidding Documents or C;:ontract Documents with good and sufficient surety for the
farthful performance of the Agreement and for the prompt payment of iabor, materials and
supplies furnished in the prosecution thereof or, in the event of the failure of the
PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to
Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE
the fixed sum of $ 5% noted above as liquidated damages, and not as a
penalty, as provided in the Bidding Documents, then this obligation shall be null and void,
otherwise to remain in full force and effect.
GC-P-12
16B 8
IN TESTIMONY Thereof, the Principal and Surety have caused these presents to
be duly signed and sealed this 5th day of November , 2008.
BY
!:::: ,"cU' "~~'
Principal
" a
(Seal)
Surety
(Seal)
Countersigned
Local Resident Producing Agent for
Nielson & Compan
GC.P-13
168 8
THIS SHEET MUST BE SIGNED BY VENDOR
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Purchasing Department
BIDDERS CHECK LIST
IMPORTANT: Please read carefully, sign in the spaces indicated and return with
your Bid.
Bidder should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. The payment terms have been indicated.
5. Any required drawings, descriptive literature, etc, have been included.
6. Any delivery information required is included.
7. Local Vendor Preference Affidavit completed.
8. If required, the amount of Bid bond has been checked, and the Bid bond or
cashiers check has been included.
9. Any addenda have been signed and included.
10. The mailing envelope has been addressed to:
Purchasing Director
Collier County Government Center
Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
11. The mailing envelope must be sealed and marked with:
<=>Bid Number;
<=>project Name;
<=>Opening Date.
12. The Bid will be mailed or delivered in time to be received no later than the
specified openinq date and time. (Otherwise Bid cannot be considered.)
ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER
AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET
E Earth Movers, Inc.
Bidder me ~/
Signature & Tj /
DATE: I \ ~ '1 0 Y
( (
GC-P-14
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
1940 NORTH MONROE STREET
TALLAHASSEE FL 32399-0783
16B
8
(850) 487-1395
DURANT, THOMAS WILLIAM
AMERICAN EARTH MOVERS INC
821 NE 79TH STREET
MIAMI FL 33138
Congratulations! With this license you become one of the nearly one million
Floridians licensed by the Department of Business and Professional Regulation.
Our professionals and businesses range from architects to yacht brokers, from
boxers to barbeque restaurants, and they keep Florida's economy strong.
Every day we work to improve the way we do business in order to serve you better.
For information about our services, please log onto www.myfloridalicense.com.
There you can find more information about our divisions and the regulations that
impact you, subscribe' to department newsletters and learn more about the
Department's initiatives.
Our mission at the Department is: License Efficiently, Regulate Fairly. We
constantly strive to serve you better so that you can serve your customers.
Thank you for doing business in Florida, and congratulations on your new license!
".-'"-
AC# 3928271
S,TJ\TE,()F F~O~IDJ\
DEPARTMENT'OF BUSINESS AND.
PROFESSI'ONALREGULAT10N
J,b" ,:4';'[ "
CGC061280 ":08/19/08 088035670
,"" ..., ',,<'
,('-'! ,".. "'.,
CERTIFIED GENERAL ,CONTRACTOR
DURANT, THOMAS WILLIAM
AMERICAN EARTH MOVE:RS' INC
IS CERTIFIED under the provisions of ch.489 FS
Xxpir;;'tiondate, AUG- 31, 2010 Loa081902340
DETACH HERE
AC#
3928271
,;'-
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".: . ,:.:., !:;e{)NSTRU~1I0N;,.,;:ENDIJS"TRY'.,!.L'ECENSING . BOARD . . " .
, ',""':'.'",,'" "':"',' """..".:, ",,," .... SEQ# L08081902~40
,;i:~'::':' '/;:Vr~tfA~~,=,';;,:' '--;';_:"':'_:.,~ft:0~~""!iL~.<, '__.J --.
LICENSE1:l~~~
08/19/2008 6a8oj'5670*fLCGt06cii#&;~fi~
The GENERALCONTRACTO'il;; :'S:i hi?t.t.gfJ'
"_"_ ",,"--_.' ,,,,,,:..;,) '_/'~;' ,t~'- '.,
Named below .IS 'CERTIFrEtJ:.:,;;.}r .
Under the provisions of"ChaJ:ft'(i;:;:r
Expiration date: AUG 31, 2010 ~~' ii,<
',' , , ,~... 4 ~',.'..'.:.:'~,.:.;,\.,;~...::',i,'.:~.;..,.',.,.;,..',','.P:.,'....'..::.'.',:.':.:. :~:-'E',-~..
DII~T-, (::_~HQMA$:,.; WIJ:,VtAM :I-;:-',Th~,'.: '~f~,_!-"^.,;;_-t "'~"C~;
AMERICANi.EAR>rH MOVERS INCcg",' '''~';'-'',::c;.;obic.. . <~Yji'r,:,
~i~~E 79TH"8TREET'" FL ;ii3~;:"~;;:c;;:~r,c-'/..
CHARLIE .CRIST
GOVERNOR "
- --"._~~
CHARLES W. DRAGO
SECRETARY
168 8
THE GUARANTEE COMPANY OF NORTH AMERICA USA
Southfield, Michigan
POWER OF ATTORNEY
KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the
laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint
Charles J. Nielson, Warren M. Alter, Charles D. Nielson, Joseph P. Nielson, David R. Hoover
Nielson and Company, Inc. - Miami Lakes
its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract
or otherwise.
The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA
USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the
principal office.
The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By-Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31st day of December, 2003.
The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority:
1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds
and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and
2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below
3. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to
the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner -
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly called and held on the 31st day of December 2003, of which the following is a true excerpt:
RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certjfication
thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and
such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused
this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 1st day
of May, 2008,
THE GUARANTEE COMPANY OF NORTH AMERICA USA
~.~LJ
I STATE OF MICHIGAN
County of Oakland
Stephen Dullard, Vice President
Randall Musselman, Secretary
On this 1st day of May, 2008 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly
sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said
instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of
said Company.
Cynthia A. T akai
Notary Public, State of Michigan
County of Oakland
My Commission Expires February 27,2012
. Acting in Oakland County
IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee
Company of North America USA offices the day and year above written.
0~ (). /~
I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true
and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect.
IN WITqJESS WHEREOF. I have thereunto set my hand and attached the seal of said Company this 5 day of Nav emb e r
2008
~
Randall Musselman, Secretary
168 8
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
("Owner") hereby contracts with American Earth Movers, Inc ("Contractor") of 821 NE
79th Street Miami Shores, Florida 33138, a Florida corporation, authorized to do
business in the State of Florida, to perform all work ("Work") in connection with Bridge
Repairs (Chokoloskee, Goodland, Green Boulevard and Oil Well Road Road), Bid
No. 08-5135 ("Project"), as said Work is set forth in the Plans and Specifications
prepared by TBE Group and Stanley Consultants, the Engineer and/or Architect of
Record ("Design Professional") and other Contract Documents hereafter specified.
Owner and Contractor, for the consideration herein set forth, agree as follows:
Section 1. Contract Documents.
A. The Contract Documents consist of this Agreement, the Exhibits described in
Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly
executed and issued addenda, Change Orders, Work Directive Changes, Field Orders
and amendments relating thereto. All of the foregoing Contract Documents are
incorporated by reference and made a part of this Agreement (all of said documents
including the Agreement sometimes being referred to herein as the "Contract
Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A
copy of the Contract Documents shall be maintained by Contractor at the Project site at
all times during the performance of the Work.
S. Owner shall furnish to the Contractor one reproducible set of the Contract
Documents and the appropriate number of sets of the Construction Documents, signed
and sealed by the Design Professional, as are reasonably necessary for permitting.
Section 2. Scope of Work.
Contractor agrees to furnish and pay for all management, supervision, financing, labor,
materials, tools, fuel, supplies, utilities, equipment and services of every kind and type
necessary to diligently, timely, and fully perform and complete in a good and
workmanlike manner the Work required by the Contract Documents.
Section 3. Contract Amount.
In consideration of the faithful performance by Contractor of the covenants in this
Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or
cause to be paid, to Contractor the following amount (herein "Contract Amount"), in
accordance with the terms of this Agreement: seven hundred twenty thousand dollars
and no cents ($720,000.00)
GC-CA-l
Section 4. Bonds.
A. Contractor shall provide Performance and Payment Bonds, in the form
prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of
which are to be paid by Contractor. The Performance and Payment Bonds shall be
underwritten by a surety authorized to do business in the State of Florida and otherwise
acceptable to Owner; provided, however, the surety shall meet the requirements of the
Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority
as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies"
circular. This circular may be accessed via the web at www.fms.treas.gov/
c570/c570.html#certified. Should the Contract Amount be less than $500,000, the
requirements of Section 287.0935, F.S. shall govern the rating and classification of the
surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business is terminated in the State of Florida, or it ceases to
meet the requirements imposed by the Contract Documents, the Contractor shall, within
five (5) calendar days thereafter, substitute at its cost and expense another bond and
surety, both of which shall be subject to the Owner's approval.
Section 5. Contract Time and Liauidated Damaaes.
A. Time of Performance.
Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the written Notice to Proceed to be
issued by the Project Manager, as hereinafter defined. Contractor shall commence the
Work within five (5) calendar days from the Commencement Date. No Work shall be
performed at the Project site prior to the Commencement Date. Any Work performed by
Contractor prior to the Commencement Date shall be at the sole risk of Contractor.
Contractor shall achieve Substantial Completion within specified calendar days (see
table below) from the Commencement Date (herein "Contract Time"). The date of
Substantial Completion of the Work (or designated portions thereof) is the date certified
by the Design Professional when construction is sufficiently complete, in accordance
with the Contract Documents, so Owner can occupy or utilize the Work (or designated
portions thereof) for the use for which it is intended. Contractor shall achieve Final
Completion within specified calendar days (see table below) after the date of
Substantial Completion. Final Completion shall occur when the Agreement is
completed in its entirety, is accepted by the Owner as complete and is so stated by the
Owner as completed. As used herein and throughout the Contract Documents, the
phrase "Project Manager" refers to the Owner's duly authorized representative and shall
mean the Division Administrator or Department Director, as applicable, acting directly or
through duly authorized representatives.
GC-CA-2
168 8
Project Days Days Final Total
Substantial Completion Days
Completion
Chokoloskee 85 15 100
Green Boulevard 65 10 75
Goodland 90/100 20/20 110/120
Oil Well Road 100 15 1.15
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement,
Owner will suffer financial loss if Contractor fails to achieve Substantial Completion
within the time specified above, as said time may be adjusted as provided for herein. In
such event, the total amount of Owner's damages, will be difficult, if not impossible, to
definitely ascertain and quantify. Should Contractor fail to achieve Substantial
Completion within the number of calendar days established herein, Owner shall be
entitled to assess, as liquidated damages, but not as a penalty, (see table below) for
each calendar day thereafter until Substantial Completion is achieved. Further, in the
event Substantial Completion is reached, but the Contractor fails to reach Final
Completion within the required time period, Owner shall also be entitled to assess and
Contractor shall be liable for all actual damages incurred by Owner as a result of
Contractor failing to timely achieve Final Completion. The Project shall be deemed to
be substantially completed on the date the Project Manager (or at his/her direction, the
Design Professional) issues a Certificate of Substantial Completion pursuant to the
terms hereof. Contractor hereby expressly waives and relinquishes any right which it
may have to seek to characterize the above noted liquidated damages as a penalty,
which the parties agree represents a fair and reasonable estimate of the Owner's actual
damages at the time of contracting if Contractor fails to Substantially or Finally
Complete the Work within the required time periods.
Project Liquidated Damages
Chokoloskee $715.00
Green Boulevard $313.00
Goodland $1,423.00
Oil Well Road $715.00
GC-CA- 3
16B 8
C. Computation of Time Periods.
When any period of time is referenced by days herein, it shall be computed to exclude
the first day and include the last day of such period. If the last day of any such period
falls on a Saturday or Sunday or on a day made a legal holiday by the law of the
applicable jurisdiction, such day shall be omitted from the computation, and the last day
shall become the next succeeding day which is not a Saturday, Sunday or legal holiday.
D. Determination of Number of Days of Default.
For all contracts, regardless of whether the Contract Time is stipulated in calendar days
or working days, the Owner will count default days in calendar days.
E. Right of Collection.
The Owner has the right to apply any amounts due Contractor under this Agreement or
any other agreement between Owner and Contractor, as payrnent on such liquidated
damages due under this Agreement in Owner's sole discretion. Notwithstanding
anything herein to the contrary, Owner retains its right to liquidated damages due under
this Agreement even if Contractor, at Owner's election and in its sole discretion, is
allowed to continue and to finish the Work, or any part of it, after the expiration of the
Contract Time including granted time extensions.
F. Completion of Work by Owner.
In the event Contractor defaults on any of its obligations under the Agreement and
Owner elects to complete the Work, in whole or in part, through another contractor or its
own forces, the Contractor and its surety shall continue to be liable for the liquidated
damages under the Agreement until Owner achieves Substantial and Final Completion
of the Work. Owner will not charge liquidated damages for any delay in achieving
Substantial or Final Completion as a result of any unreasonable action or delay on the
part of the Owner.
G. Final Acceptance by Owner.
The Owner shall consider the Agreement complete when the Contractor has completed
in its entirety all of the Work and the Owner has accepted all of the Work and notified
the Contractor in writing that the Work is complete. Once the Owner has approved and
accepted the Work, Contractor shall be entitled to final payment in accordance with the
terms of the Contract Documents.
H. Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extent Owner incurs damages from a third
party as a result of Contractor's failure to fulfill all of its obligations under the Contract
Documents. Owner's recovery of any delay related damages under this Agreement
through the liquidated damages does not preclude Owner from recovering from
Contractor any other non-delay related damages that may be owed to it arising out of or
relating to this Agreement.
GC~CA-4
16B 8
Section 6. Exhibits Incorporated.
The following documents are expressly agreed to be incorporated by reference and
made a part of this Agreement.
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Exhibit J:
Exhibit K:
Exhibit L:
Exhibit M:
Exhibit N:
Performance and Payment Bond Forms
Insurance Requirements
Release and Affidavit Form
Contractor Application for Payment Form
Change Order Form
Certificate of Substantial Completion Form
Final Payment Checklist
General Terms and Conditions
Supplemental Terms and Conditions
Technical Specifications
Permits
Standard Details (if applicable)
Plans and Specifications prepared by TBE Group & Stanley Consultants
and identified as follows: Bridge Repairs (Chokoloskee,
Goodland, Green Boulevard and Oil Well Road)
as shown on Plan Sheets 1 through 48.
Contractor's List of Key Personnel
Section 7. Notices
A. All notices required or made pursuant to this Agreement by the Contractor to the
Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or
Facsimile, addressed to the following:
Marlene Messam, Project Manager
Collier County Transportation Engineering & Construction Management
2885 S. Horseshoe Drive
Naples, Florida 34104
(239) 252-5773
B. All notices required or made pursuant to this Agreement by Owner to Contractor
shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-
mail or Facsimile, addressed to the following:
Mr. George Munne
American Earth Movers, Inc
821 NE 79th Street
Miami Shores, FI 33138
305-865-6952
Fax No. 305-867-5050
GC-CA-S
C. Either party may change its above noted address by giving written notice to the
other party in accordance with the requirements of this Section.
Section 8. PUBLIC ENTITY CRIMES.
8.1 By its execution of this Contract, Construction Contractor acknowledges that it
has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida
Statutes which read as follows:
"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 provide any goods or services to a public entity for the
construction or repair of a 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 any public entity in excess of the threshold amount
provided in s. 287.017 for CATEGORY TWO for a period of thirty-six (36)
months from the date of being placed on the convicted vendor list."
Section 9. Modification.
No modification or change to the 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.
Section 10. Successors and AssiQns.
Subject to other provisions hereof, the Agreement shall be binding upon and shall inure
to the benefit of the successors and assigns of the parties to the Agreement.
Section 11. GoverninQ Law.
The Agreement shall be interpreted under and its performance governed by the laws of
the State of Florida.
Section 12. No Waiver.
The failure of the Owner to enforce at any time or for any period of time anyone or
more of the provisions of the Agreement shall not be construed to be and shall not be a
waiver of any such provision or provisions or of its right thereafter to enforce each and
every such provision.
GC-CA-6
168 8
Section 13. Entire AQreement.
Each of the parties hereto agrees and represents that the Agreement comprises the full
and entire agreement between the parties affecting the Work contemplated, and no
other agreement or understanding of any nature concerning the same has been entered
into or will be recognized, and that all negotiations, acts, work performed, or payments
made prior to the execution hereof shall be deemed merged in, integrated and
superseded by the Agreement.
Section 14. Severabilitv.
Should any provision of the Agreement be determined by a court to be unenforceable,
such a determination shall not affect the validity or enforceability of any other section or
part thereof.
Section 15. ChanQe Order Authorization.
The Project Manager shall have the authority on behalf of the Owner to execute all
Change Orders and Work Directive Changes to the Agreement to the extent provided
for under the Owner's Purchasing Policy and accompanying administrative procedures.
Section 16. Construction.
Any doubtful or ambiguous language contained in this Agreement shall not be
construed against the party who physically prepared this Agreement. The rule
sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in
a contractual term which appears on its face to have been inserted for the benefit of one
of the parties shall be construed against the benefited party) shall not be applied to the
construction of this Agreement.
Section 17. Order of Precedence
In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Construction Agreement and the General Terms and
Conditions shall take precedence over the terms of all other Contract Documents,
except the terms of any Supplemental Conditions shall take precedence over the
Construction Agreement and the General Terms and Conditions. To the extent any
conflict in the terms of the Contract Documents cannot be resolved by application of the
Supplemental Conditions, if any, or the Construction Agreement and the General Terms
and Conditions, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at Owner's discretion.
****
GC-CA-7
168 8
IN WITNESS WHEREOF, the parties have executed this Agreement on the
date(s) indicated below.
CONTRACTOR:
TWO WITNESSES:
-:. t\.- t-~ l.,
By: +-
7ican Eart; Movers, Inc.
FIRST WITNESS
:r. .D0Jt ~) D4CZ-\<()Vl~
, Ty /PJint Name
Type/Print Name and Title
C.
OND WITNESS
~~\/' ~o..)
Type/Print Name
Date~~~' 60) 2aJ&'
A TT~T:
OWNER:
.,-
Dwignt E. Brock, 9ler~
BY~~
IttIil ts. to 'Cllt, ..,
It911.ture Oft I ,
Approved As To orm
and Legal Suffici nc .
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORID
BY:
,
an
Print Name:
.....LllJ111t County
GC-CA-8
168 8
EXHIBIT A
PUBLIC PAYMENT BOND
Bridge Repairs
(Chokoloskee, Goodland, G'reen Boulevard and Oil Well Road)
Bond No. 80052713
Contract No. 08-5135
KNOW ALL MEN BY THESE PRESENTS: That
821 NE 79th St., Miami Shore, FL 33138
Amp.ric~n F~rth Mnvprs
Inc.,
as Principal,
, as
and"-The Guarantee Comnilnv of North Amp.ric;:l (rSA
Surety, located at 25800 Northwestern Hwy., Ste. 720, Southfield, MI 48075
(Business Address) are held and firmly bound to Collier County Purchasing Oepartment
as Obligee in the sum of Seven Hundred Twenty Thousand and 00/100
($ 720,000.00 ) for the payment whereof we bind ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the ~ day of
Oecember 2008, with Obligee for Bridge Repairs- Chokoloskee, Goodland, Green Blvd. and Oil
in accordance with drawings and specifications, which"ell Road
contract is incorporated by reference and made a part hereof, and is referred to herein
as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida
Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly
by Principal in the prosecution of the work provided for in the Contract, then this bond is
void; otherwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any
formalities connected with the, Contract or the changes do not affect Sureties obligation
under this Bond. '
The provisions of this bond are subject to the time limitations of Section 255.05(2). In
no event will the Sur~ty be liable in the aggregate to claimants for more than the penal
sum of this Payment Bond, regardless of the number of suits that may be filed by
claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this 11th
day of December 2008, the name of each party being affIXed and these presents
duly signed by its under-signed representative, pursuant to authority of its governing
body.
GC-CA-A-1
(AFFIX OFFICIAL SEAL)
BY:
NAM
ITS:
STATE OF F (., , ~fl^ '
COUNTY OF ~ eq..~..(~ )/tt:0f: 1-\
;he ~ eg;:ng i ~rument was a owl d d b,efo~e.1~n;;.,-1) f<. of
: a ~.. corporation, ~be)1alf of the
c rporation. He/she i personally nown to me OR has produced y. l . as
identification and did (did not) take an oath. . I, ^ 1--,
My Commission Expires: / \..--. --L-.= ........
(Signature of Notary) \1\,\1\1111.11./11"
......' I'( t1 ''1''1.
~,,'\ \~.~~!..J?:'}.#;"~1i~-,
$ .,' 't,XPlt ",OJ...~
- .' "~~"';.." ~
.... . VW41//((j't" C' -
(Legibly Printed) t /1I0rARf 10 \ ~
% u>\ COlllttlf !//81/t / i
s ...... ". OOi flpg I .-' 2'
Notary Public, State of ~~"..Jll!; .../ ~'
"'J 0 -...... ~,~
Commission No.: j"""f fLO\l.\"",,'~
""nHH~~
Signed, seated and delivered
in the presence of: '
i-z k",,^ \J i sjJ.
~ S[1.
Wi nesses as to Principal
Chis bond is given to comply with section 255.05 Florida
;tatutes, and any action instlfuted by a claimant under thi!
Jond for payment mu&t beih accordance with.the notice and
time limitation provisions in Section 255,05(2), Florida Statutes.
PRINCIPAL
Inc.
,;e
NAME:
ATTEST:
SURETY:
As Per Attached Power of Attorney
25800 Northwestern Hwy., Ste. 720
out .
(Business Address
(Authorized Signature)
Witnesses to Surety
Brett Rosenhaus, Attorney in Fact
(Printed Name)
. GC-CA-A-2
168 8
OR
-~-
As Attorney in Fact
(Attach Power of Attorney)
As Per Attached Power of Attorney
Brett Rosenhaus. Attornev in Fact
(Printed Name)
Witnesses
25800 Northwestern Hwy., Ste. 720
Southfield, MI 48075
(Business Address)
, 248-281-0281
(Telephone Number)
STATE OF F10rida
COUNTY OF Palm Beach
The foregoing instrument was acknowledged before me this, ~ day of
December , 2008, by Brett Rosenhaus . as .
Personally Known
of The Guarantee C6moanv of North America USA
He/She is personally known to me OR has produced
as identificatia a who did (did not)
Attornev;" Fact
Surety, on behalf of Surety.
take an oath:
My Commission Expires:
.' ", Jason Katz
. Pu '" 19
.' ." ,.r.;:,". "'DD3980
.. /"~',(l~comnusslOnor
"0' , . : 2009
'.: ,,:lfftxpue5' ITB. 20,
^,..v,~..,.\.~q:.... A.'Rc~N)TAR'i.com
-';~,?,r,;\\'" WVt"~,,,,
Name: Jason Katz
(legibly Printed)
(AFFIX OFFICIAL SGAL)
Notary Public, State of: Flori da
Commission No.: 00398019
GC-CA-A-3
16B 8
THE GUARANTEE COMPANY OF NORTH AMERICA USA
Southfield, Michigan
POWER OF ATTORNEY
KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERtCA USA, a corporation organized and existing under the
laws of the State of Michigan, having its princlpal office in Southfield, Michigan, does hereby constitute and appoint
Brett Rosenhaus, Jason Katz
Nielson and Company, Inc. - Lake Worth
its true and lawful attorney(s)-ih-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract
or otherwise.
The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA
USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at"the
principal office.
The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX. Section 9.03 of the By-Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December. 2003.
The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority:
1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds
and undertakings. contracts of indemnity and other writings obligatory in the nature thereof; and
2. To revoke, at any time, any such Attorney-in-fact and revoke the authority' given, except as provided below
3. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to
the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner -
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly called and held on the 315t day of December 2003. of which the following is a true excerpt:
RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification
thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and
such signature and seal when so used shall have the same force and effect as though manually affixed.
pNT!;l:C
l~\
~~-~
~o 'r~
'lil1iAMf.~\C.
IN WITNESS WHEREOF. THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused
this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 1st day
of May, 2008.
THE GUARANTEE COMPANY OF NORTH AMERtCA USA
~.~<J
k
I STATE OF MICHtGAN
County of Oakland
Stephen Dullard, Vice President
Randall Musselman, Secretary
On this 1st day of May, 2008 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly
sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said
instrument is the Corporate Sea] of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of
said Company.
Cynthia A. T akai
Notary Public, State of Michigan
County of Oakland
My Commission Expires February 27, 2012
Acting in Oakland County
IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee
Company of North America USA offices the day and year above written.
f!;~ (). -r~
I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF N.ORTH AMERICA USA, do hereby certify that the above and foregoing is a true
and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect.
IN WlTljJESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 11 tiJay of December 2008
pNTEl:C
l~\
~~_;J
"""0 ,....::;
'I?"'HAME.~C.
k
Randall Musselman, Secretary
168 18
EXHIBIT A
PUBLIC PERFORMANCE BOND
, Bridge Repairs
(Chokoloskee, Goodland, Green Boulevard and Oil Well Road) .
Bond No. 80052713
Contract No. 08-5135
KNOW ALL MEN BY THESE PRESENTS: That American Earth Movers, Inc., 821 NE 79th St.,
Miami Shore, FL 33138 , as Principal, and The Guarantee Company of North America USA
, as
25800 Northwestern Hwy., Ste. 720, Southfield, MI 48075
(Business Address) are' held and
Collier County Purchasing Department
Seven Hundred Twenty and 00/100
($ 720,000.00 ) for the payment whereof we bond ourselves, our heirs, executors,
personal representatives, successors and I'l!;!';igns. jointly and sE'vE'rally.
Surety,
located
at
firmly bound to
, as Obligee in the sum of
WHEREAS, Principal has entered into a contract dated as of the Rth
December , 2008, with Obligee
Bridqe Repairs- Chokoloskee, Goodland, Green Blvd. and Oil Well Road
in ::Icoordance with drawings and specifications, which contract is incorporated by
reference and made a part hereof, and is referred to herein as the Contract.
day of
for
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract;
and
Pays Obligee any and all losses, damages, costs and attomeys' fees that
bligee sustl'lins because of any default by Principal under the Contract, including, but
ot limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and
Performs the guarantee of all work and materials furnished under the Contract for
he time specified in the Contract, then this bond is void; otherwise it remains in full
orce. Any changes in or under the Contract and compliance or noncompliance with
ny formalities connected with the Contract or the changes do not affect Sureties
bligation under this Bond. .
he Surety, for value received, hereby stipulates and agrees that no changes,
xtensions of time, alterations or additions to the terms of the Contract or other work to
e performed hereunder, or the specifications referred to therein shall in anywise affect
i s obligatIons under this bond, and rt does hereby waive notice of any such changes,
xtensions of time, alterations or additions to the terms of the Contract or to work or to
e specifications.
GC-CA-A4
168 8
This instrument shall be construed in all respects as a common law bond. It is
expressly understood that the time provisions and statute of limitations under Section
255.05, Florida Statutes, shall not apply to this bond.
In no event will the Surety be Iiabl~ in the aggregate to Obligee for more than the penal
sum of this Performance Bond regardless of the number of suits that may be filed by
Obligee.
IN WITNESS WHERFOF, the above parties have executed this instrument this 11th
day of December , 2008, the name of each party being affixed and these
presents duly signed by its undersigned representative, pursuant to authority of its
governing body.
Signed, sealed and delivered
in the presence of: '
~\;Ow\ 'Vj~t
" qy.
Witnesses as to Principal
PRINCIPAL
Inc.
BY:
/L
~14(\jp~/
NAME:
ITS:
STATE OF FL. \ ()/\
COUNTY OF~ C'\;~ . 1)4: ~
The
h- /It
efore ~ this .l...L- day of
IVC ,as...,..,
b a-L~<""
on behalf of \Q.e Gorporation. He/she I is
to me OR has produced J2. l '
as identification and did (did not) take an 08th.'lb '
-r- ,)..... ,.11\11\11' . "", \..-
-L.. .\.~ rk ,1,1///
. ~" ~'O: "". ..nJ :"/~
(Signature) ~ ".... ,-~PII~~',} "0
2 .... 06/25/2010 .... ~
Name: ~ ! NOTARY PUBLIC ) ~
(Legibly Printed) ~ )" COUlssion I ..... f
\}f..0.05.6.~~!!...~~/~
Notary Public, State &K'" OF fl~'t-\",'
Commission No.: '/1//"111\1\\'"
My Commission Expires:
(AFFIX OFFICIAL SEAL)
GC-CA-A-5
168 8
ATTEST:
SURETY:
The Guarantee Company of North America USA
(Printed Name)
25800 Northwestern Hwy., 5te. 720
5outhfield, MI 48075
(Authorized Signature)
As Per Attached Power :'of Attorney
Witnesses as to Surety
OR
Brett Rosenhaus, Attorney in Fact
(Printed Name)
~/
As Attorney in Fact
(Attach Power of Attorney)
As Per Attached Power of Attorney
WItnesses
Brett Rosenhaus, Attorney in Fact
(Printed Name)
25800 Northwestern Hwy., 5te, 720
5outhfield. MI 48075
(Business Address)
248-281-0281
(Telephone Number)
STATE OF Florida
COUNTY OF Palm 8each
of
behalf of Surety.
Personally Known
The forogoing instrument was acknowledged before me this ---2.!.;h day of
Oecember , 2008, by Brett Rosenhaus , as Attorney in Fact
, a The Guarantee Company.of North Ame~~r on
He/She is personally known to me OR has produced
as identification and who' not) take an oath.
""''','/, Jason Katz
,- ,~...~,l. ~y~,"~..
,". rP.o "::C~Commiss:oo#DD39B019
:.;>~::ih,p\res: FIB. 20, 2009
"';''!- DF '';'''~;:~''''NW'H .A!"RC~ N :)TA RY.com
'/1111\\1
(Signatu
My Commission Expires:
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, .state of: Florida
Commission No.: 0039801Q
GC-CA-A-6
168 "8
FRONT PAGE OF
PUBLIC PAYMENT BOND
Florida Statute 255.05
BOND NO. 80062713
CONTRACTOR:
American Earth Movers, Inc.
821 NE 79th Street
Miami Shore, FL 33138
305-865-6952
SURETY:
The Guarantee Company of.North America USA
25800 Northwestern Hwy., Ste. 720
Southfield, MI 48075
248-281-0281
AGENT:
Nielson, Rosenhaus & Associates
4000 South 57th Avenue, Suite 201
Lake Worth, FL 33463
(561) 432-5550
OBLIGEE:
Collier County Purchasing Department
3301 E. Tamiami Trail
Naples, FL 34112
239-252-3446
PROJECT: Bridge Repairs- Chokoloskee, Goodland, Green Boulevard and
Oil Well Road
ACORD,.
CERTIFICATE OF LIABILITY INSURANCE
OP I E (MMI YYYJ
AMERI-1 12/12/08
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
PRODUCER
Assurance Brokers Ltd.
95 North Research Dr ste 100
Edwardsville IL 62025
Phone: 618-692-9800 Fax: 618-692-9865
INSURERS AFFORDING COVERAGE
NAIC#
INSURED
American Earth Movers, Inc.
821 NE 79th st
Miami Shore FL 33138
UNSU_RERA __ St. Paul Fire & Marine
: INSURER B Insurance Co. of sta.te of PA
I.--.---------..~_....-
I INSURER C Assurance Company Of America
f.-INSURER D__ -..-~~-_-~~=-_=_~____ -
INSURER E.
COVERAGES
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 DOCUMENTWJTH 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I ~~~~rMc&fJ~J'XE Pgk~1l,~f1:6~1T~qN --
LTR NSR TYPE OF INSURANCE POLICY NUMBER LIMITS
_ ~~NERAL LIABILITY ! EACH OCCURRENCE ~OOO, OQ~
[Jill,MPibl:: IUKI::I'III::U
A lC ~:~~-jMERCIAL GENER_AL LIABILITY OL06800172 i 05/10/08 05/10/09 PREM ISE~ .(~,a_?ccu rence) .50,000
CLAIMS MADE [){l OCCUR ! MED EXP (Anyone person) . 5,000
! --
, PERSONAL & ADV INJURY '1,000,00Q__
-- ------ ------ _._----...._._~
1- GENERAL AGGREGATE '2,OOO,QO_0_
-.---.-."...-.------..- -- .-
n'L AGG~I_~~i ~~M~~ APP~I PER PRODUCTS COMP/OP AGG $2,000,000
---- ---------
POLICY JECT LOC
I ~~!OMOBILE LIABILITY . COMBINED SINGLE LIMIT L
ANY AUTO (Eaaccldenl)
--------- .
ALL OWNED AUTOS BODILY INJURY
: SCHEDULED AUTOS (Per person) i .
I--' ---.-- --
~_ i HIRED AUTOS BODILY INJURY .
_ ~I NON-OWNED AUTOS (Per accident)
----- . ------
- -- .-- ----- -- PROPERTY DAMAGE .
(Per accident)
==lAGE LIABILITY AUTOONLY EA ACCIDENT0-'--__
ANY AUTO OTHER THAN ~.o:__~~~ $
AUTO ONLY AGG $
'~ESS1UMBRELLA LIABILITY EACH OCCURRENCE !'5,000,000
~ _ OCCUR 0 CLAIMS MADE --'--'--'---.-- .._~------ -
A OX06800195 05/10/08 05/10/09 __ AGG~~~_~ TE IS5,000,000__
l_______ :s
..=J DEDUCTIBLE -,..--- ----------
1 I I s
i X I RETENTION '25,000 "
, I
WORKERS COMPENSATION AND ! I X ITb'rf/U~h~_l,,~J~~Bl --
B EMPLOYERS' LIABILITY WC2953897 05/10/08 05/10/09 : E_L_ EACH ACCIDENT ,'1,000,000_
ANY PROPRIETORtPARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? VSLH & JONES ACT APPLIES E_L_ DISEASE EAEMPLOYEE $ 1,000,000
'If yes, describe under ----I ----
SPECIAL PROVISIONS below EL_ DISEASE-POLICY LIMIT i $ 1,000,000
OTHER I
C i Equipment Floater EC66789290 03/27/08 03/27/09 rent/leas 400,000
A P & I I OL06800172 05/10/08 05/10/09 LIMIT 1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
CONTRACT #08-5135 I' BRIDGE REPAIRS (CHOKOLOSKEE, GOODLAND , GREEN BOOULEVARD
AND OIL WELL ROAD) CERTIFICATE HOLDER IS LISTED AS PRIMARY NONCONTRIBUTORY
ADDITIONAL INSURED WITH REGARD TO WORK PERFORMED BY THE INSURED. WAIVER OF
SUBROGATION APPLIES. UMBRELLA POLICY GOES OVER GL/WC/AUTO POLICIES
CERTIFICATE HOLDER
CANCELLATION
COLLIE1
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAil ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
COLLIER COUNTY PURCHASING DEPT
PURCHASING BUILDING
3301 E TAMIAMI TRAIL
NAPLES FL 34112
@ ACORD CORPORATION 1
ACORD 25 (2001/08)
168 8
ACORDrn
CERTIFICATE OF LIABILITY INSURANCE
I DATE {MMIDDNYYY)
12/11/08
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 BELOW.
INSURERS AFFORDING COVERAGE I NAIC #
~~:~:::: ALLSTA~E INS CO_ -+~_____
INSURER C ..__ --r-- ____
--_._._---~~~~
PROOUCER
ALLSTATE INSURANCE COMPANY
17121 PINES BLVD
PEMBROKE PINES. FL 33027
INSURED
AMERICAN EARTH MOVERS INC
821 NE 79TH ST
MIAMI SHORES, FL 33138
I
COVERAGES
~~SURER 0"
I~ISURER E:
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 INSURA.NCE AFFORDED BY THE POLICIES DESCRIBED HEREIN [S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
l~.f: ~~ TYPl'OOFI"~I'RANC" POLICY NUMBER Tp~.J-i~~~~~g~E POk!fll~~6~~9N
I
I
LIMITS
~NERAL LIABILITY
._ ~M~ERCIAL GENERAL LIABILITY
_ _J CLAIMS MADE 0 OCCUR
EACH OCCURRENCE
-~~~~~s ria occur~nce\
_~,-EpEXP (Anyone per~on) S
_ PERSONAL & ADV INJURY__ S
GENERAL AGGREGATE $
~F:OOUCTS - COMP/OP AGG $
A
~TOMOBllE L.IABILlTY
__ ANY AUTO
~ ALL OWNED AUTOS
_ SCHEDULED AUTOS
l5... HiRED AUTOS
,~ NON-OWNED AUTOS
048708238
COMBINED SINGLE LIMIT $ 1.000,000
02/17/2008 02/17/2009 (Eaaccldant)
i BODILY INJURY $
i (Per person)
I__~. -
BODilY INJURY ,
(Per accident)
--'~--~- I ~ ~
PROPERTY DAMAGE
{Per accident) '$
1-
.__1
~GEllAB1UTY
-~..1 ANY AUTO
I
I
I
i
~.:rOONLY - EAACCIOENT S
EAACC $
OTHER THAN
AUTO ONLY
~.~. --
AGG $
~ESSIUMBREL.LA L.IABILlTY
_ OCCUR D CLAIMS MADE
t DEDUCTIBLE
t RETENTION
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFF1CERtMEMBER EXCLUDED?
~~~~I~iS~b6~~1gNS belOW
OTHER
,
i EACH OCCURRENCE $
i
i AGGREGA!E $
$
-----
r--
~~
$
fs
i I TWC STfTI\J;1 IOJ~ I
~_ EACH ACCIDENT. I S
i EL DISEASE _ EA EMPLOYE~ S
El. DtSEASE - POLICY LIMIT I s
I
DESCRIPTION OF OPERATIONS I LOCATIONS /VEHIClES I EXCLUSIONS ADDED BY ENOORSEMENT I SPECIAl. PROVISIONS
BRIDGE REPAIRS (CHOKOLOSKEE, GOODLAND. GREEN BOULEVARD AND OIL WELL ROAD)
COLLIER COUNTY BID NO. 08-5135
COLLIER COUNTY, FLORIDA
CERTIFICATE HOLDER
CANCELLATION
SHOUL.O ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
COLLIER COUNTY PURCHASING DEPARTMENT DATE THEREOF, THf: ISSUING INSURER WILl. ENDEAVOR TO MAIL. ~ DAYS WRITTEN
3301 TAMIAMI TRAIL, EAST NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE L.EFT, BUT FAiLURE TO DO 50 SHAL.L
NAPLES, FL 34112
IMPOSE NO OBLIGATION OR LIABIL.ITY OF ANY KIND UPON THE INSURER, lTS AGENTS OR
ATTN: BRENDA BRILHART REPRESENTATIVES. f,
FAX: 239.252.6679 AUTHORIZED REPRESENTATIVE l'?-- ----...
I
ACORD 25 (2001/08)
@AcoFW CORPORATION 1988
16
13
>>,
~--'
EXHIBIT B
INSURANCE REQUIREMENTS
(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. If Contractor has any self-insured retentions or deductibles under any of the below listed
minimum required coverages, Contractor must identify on the Certificate of Insurance the nature and
amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial
responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole
responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits specified
herein or required by law, whichever is greater.
(3) Coverage's 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 and in the form set forth in
Attachment I to this Exhibit B shall be filed with the Owner within ten (10) calendar days after Notice
of Award is received by Contractor evidencing the fact that Contractor has acquired and put in place
the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of
all insurance policies required shall be provided to Owner, on a timely basis, if requested by Owner.
(5) The Contractor and/or its insurance carrier shall provide 30 days written notice to the Owner of
policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. Contractor
shall also notify Owner, in a like manner, within twenty-four (24) hours after receipt, of any notices of
expiration, cancellation, non-renewal or material change in coverages or limits received by Contractor
from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor
hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full
extent permitted under such policy.
(6) All insurance coverage's of the Contractor shall be primary to any insurance or self insurance
program carried by the Owner applicable to this Project.
(7) 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.
(8) Contractor shall require each of its Subcontractors to procure and maintain, until the
completion of the subcontractors 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.
(9) Should at any time the Contractor not maintain the insurance coverage's required herein, the
Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such
GC-CA-B-1
16B 8
coverage's and charge the Contractor for such coverage's purchased. If Contractor fails to reimburse
Owner for such costs within thirty (30) days after demand, Owner has the right to offset these costs
from any amount due Contractor under this Agreement or any other agreement between Owner and
Contractor. The Owner shall be under no obligation to purchase such insurance, nor shall it be
responsible for the coverage's purchased or the insurance company or companies used. The
decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a
waiver of any of its rights under the Contract Documents.
(10) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion
of the Work or termination of the Agreement, the Contractor shall furnish to the Owner, renewal or
replacement Certificate(s) of Insurance not later than ten (10) calendar days after the date of their
expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be
considered justification for the Owner to terminate the Agreement.
(11) All insurance policies required by this Agreement shall include the following provisions and
conditions by endorsement to the policies:
11.1 All insurance policies, other than the Business Automobile and Workers Compensation
policies, provided by Contractor to meet the requirements of this Agreement shall name
Collier County, Florida, as an additional insured as to the operations of Contractor under
this Agreement and shall contain a severability of interests provisions.
11.2. Companies issuing the insurance policy or policies shall have no recourse against
Owner for payment of premiums or assessments for any deductibles which all are at the
sole responsibility and risk of Contractor.
11.3. All insurance coverages of Contractor shall be primary to any insurance or self-
insurance program carried by Owner applicable to this Project, and the "Other
Insurance" provisions of any policies obtained by Contractor shall not apply to any
insurance or self-insurance program carried by Owner applicable to this Project.
11.4. The Certificates of Insurance, which are to be provided on the form set forth in
Attachment I to this Exhibit B, must identify the specific Project name, as well as the site
location and address (if any).
11.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be
construed in accordance with the laws of the State of Florida.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? ~ Yes D No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
Contractor during the term of this Agreement for all employees engaged in the work under this
Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall
not be less than:
a. Worker's Compensation - Florida Statutory Requirements
GC-CA-B-2
168 8
b. Employers' Liability
X $1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights 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.
D Applicable IZl Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the
work.
D Applicable IZl Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? IZl Yes D No
(1) Commercial General Liability Insurance shall be maintained by the Contractor on an
occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage,
Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form
Property Damage including Completed Operations and Products and Completed Operations
Coverage. Limits of Liability shall not be less than the following:
x
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$ 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) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such
coverage shall be primary to any similar coverage carried by the Owner.
(4) Coverage shall be included for explosion, collapse or underground property damage claims.
(5) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the
completion of the work under this Agreement.
GC-CA-B-3
16B 8
D Applicable ~Not Applicable
(6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if
applicable to the completion of the work under this Agreement.
D Applicable ~ Not Applicable
PROPERTY INSURANCE - BUILDERS RISK
(1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do
business in the State of Florida and in Collier County, property insurance in the amount of the initial
Contract Amount as well as subsequent modifications thereto for the entire Work at the site on a
replacement cost basis without voluntary deductibles. Such property insurance shall be maintained,
unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons
and entities who are beneficiaries of such insurance, until final payment has been made or until no
person or entity other than the Owner has an insurable interest in the property required to be covered,
whichever is earlier. This insurance shall include interests of the Owner, the Contractor,
Subcontractors, Sub-subcontractors and Material Suppliers in the Work.
(2) Property insurance shall be on an all-risk policy form 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 and windstorm insurance will also be purchased.
(3) 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-risk policy described above shall be limited to a maximum of
$5,000 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 or
windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of
$5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract
Documents.
(4) This property insurance shall cover portions of the Work stored off the site after written
approval of the Owner at the value established in the approval, and also portions of the Work in
transit.
(5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and
maintaining boiler and machinery insurance required by the Contract Documents or by law, which
shall specifically cover such insured objects during installation and until final acceptance by the
Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors
and Sub-subcontractors in the Work.
(6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and
any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the
Design Professional, and Design Professional's subconsultants, for damages caused by fire or other
perils to the extent of insurance proceeds actually received by Owner under property insurance
obtained pursuant to this Exhibit or other any property insurance applicable to the Work, except such
GC-CA-B-4
168 8
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.
(7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made
payable to the Owner for the insured, as their interests may appear.
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? ~ Yes D No
(1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership,
maintenance or use of any owned, non-owned or hired vehicle with limits of not less than:
2S Bodily Injury & Property Damage - $ 2,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if
so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability,
and Automobile Liability coverage's and shall include all coverage's on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of any
underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as
primary insurance.
GC-CA-B-5
168 8
EXHIBIT D
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER)
Bid No.
Project No.
Application Date
FROM:
(Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
RE:
(Project Name)
Original Contract Time:
Revised Contract Time:
=
Original Contract Price: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
Less Retainage $
Less previous payment (s) $
AMOUNT DUE THIS
APPLICATION: $
Retainage @ 10% thru[insert date] $
Retainage @ _% after [insert date] $
%
%
Percent Work completed to Date:
Percent Contract Time completed to Date
Liquidated Damages to be Accrued $
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 _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will 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.
By CONTRACTOR: (Contractor's Name)
(Signature) DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional:
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager:
(Signature) DATE:
(Type Name and Title)
GC-CA-D-1
Gl
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TO:
Project Name:
Bid No.:
Change Order No.:
Change Order Description
EXHIBIT E
CHANGE ORDER
FROM: Collier County Government
Construction Agreement Dated:
Date:
Original Agreement Amount .......,.................,.................................$
Sum of previous Change Orders Amount .......................................$
This Change Order Amount ...........................................................$
Revised Agreement Amount........................................................... $
Original Contract Time in calendar days
Adjusted number of calendar days due to previous Change Orders
This Change Order adjusted time is
Revised Contract Time in calendar days
Original Notice to Proceed Date
Completion date based on original Contract Time
Revised completion date
Contractor's acceptance of this Change Order shall constitute a modification to the Agreement
and will be performed subject to all the same terms and conditions as contained in the
Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the
Agreement shall constitute a full and final settlement of any and all claims of the Contractor
arising out of, or related to, the change set forth herein, including claims for impact and delay
costs.
Prepared by: Date:
Project Manager
Recommended by:
Design Professional
Date:
Accepted by:
Date:
Contractor
Approved by:
Date:
Department Director
Approved by:
Date:
Division Administrator
Approved by:
Date:
Purchasing Department
Authorized by
Director
(For use by Owner: Fund Cost Center:
Number: )
Date:
Object Code:
Project
GC-CA-E-5
16 g'8
EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
Design Professional's Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof:
To
OWNER
And
To
Substantial Completion is the state in the progress of the Work when the Work (or designated
portion) is sufficiently complete in accordance with the Contract Documents so that the Owner
can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has
been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN
PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the
requirements of the Contract Documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive,
and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all
the Work in accordance with the Contract Documents. The items in the tentative list shall be completed
or corrected by CONTRACTOR within days of the above date of Substantial Completion.
GC-CA-F-1
16B 8
The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance,
heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the
Contract Documents.
Executed by Design Professional on
,2008
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,2008
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
,2008
OWNER
By:
Type Name and Title
GC-CA-F-2
EXHIBIT G
FINAL PAYMENT CHECKLIST
Bid No.: Project No.: Date:
Contractor:
The following items have been secured by the
for the Project known as
168 8
,2008
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract Amount: Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement: Calendar Days,
Actual Date of Substantial Completion:
Final Completion Time as set forth in the Agreement: Calendar Days.
Actual Final Completion Date:
YES NO
If any of the above is not applicable, indicate by N/A.
explanation,
Acknowledgments:
By Contractor:
1. All Punch List items completed on
2. Warranties and Guarantees assigned to Owner (attach to this form).
3. Effective date of General one year warranty from Contractor is:
4. 2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
5. As-Built drawings obtained and dated:
6. Owner personnel trained on system and equipment operation.
7. Certificate of Occupancy No.:
issued on (attach to this form).
8. Certificate of Substantial Completion issued on
9. Final Payment Application and Affidavits received from Contractor on:
10, Consent of Surety received on
11, Operating Department personnel notified Project is in operating phase.
12. All Spare Parts or Special Tools provided to Owner:
13. Finished Floor Elevation Certificate provided to Owner:
14. Other:
If NO is checked for any of the above, attach
(Company Name)
(Signature)
(Typed Name & Title)
By Design
Professional:
(Firm Name)
(Signature)
(Typed Name & Title)
(Department Name)
(Signature)
(Name & Title)
By Owner:
GC-CA-G-1
1613 8
EXHIBIT H
GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a functionally complete
Project (or portion thereof) to be constructed in accordance with the Contract
Documents. Any work, materials or equipment that may reasonably be inferred from
the Contract Documents as being required to produce the intended result shall be
supplied whether or not specifically called for. When words which have a well known
technical or trade meaning are used to describe work, materials or equipment, such
words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals or codes of any technical society, organization or association or
to the laws or regulations of any governmental authority having jurisdiction over the
Project, whether such reference be specific or by implication, shall mean the latest
standard specification, manual, code, law or regulation in effect at the time the Work is
performed, except as may be otherwise specifically stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict,
error or discrepancy in the Contract Documents, Contractor immediately shall report
same to the Project Manager in writing and before proceeding with the Work affected
thereby shall obtain a written interpretation or clarification from the Project Manager;
said interpretation or clarification from the Project Manager may require Contractor to
consult directly with Design Professional or some other third party, as directed by
Project Manager. Contractor shall take field measurements and verify field conditions
and shall carefully compare such field measurements and conditions and other
information known to Contractor with the Contract Documents before commencing any
portion of the Work.
1.3 Drawings are intended to show general arrangements, design and extent of Work
and are not intended to serve as shop drawings. Specifications are separated into
divisions for convenience of reference only and shall not be interpreted as establishing
divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the
event of a discrepancy between or among the drawings, specifications or other Contract
Document provisions, Contractor shall be required to comply with the provision which is
the more restrictive or stringent requirement upon the Contractor, as determined by the
Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws,
fittings, fillers, hardware, accessories, trim and other parts required in connection with
any portion of the Work to make a complete, serviceable, finished and first quality
installation shall be furnished and installed as part of the Work, whether or not called for
by the Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of
satisfying itself concerning the nature and location of the Work and the general and
local conditions, and particularly, but without limitation, with respect to the following:
those affecting transportation, access, disposal, handling and storage of materials;
GC-CA-H-1
168 8
availability and quality of labor; water and electric power; availability and condition of
roads; work area; living facilities; climatic conditions and seasons; physical conditions at
the work-site and the project area as a whole; topography and ground surface
conditions; nature and quantity of the surface materials to be encountered; subsurface
conditions; equipment and facilities needed preliminary to and during performance of
the Work; and all other costs associated with such performance. The failure of
Contractor to acquaint itself with any applicable conditions shall not relieve Contractor
from any of its responsibilities to perform under the Contract Documents, nor shall it be
considered the basis for any claim for additional time or compensation.
2.2 Contractor shall locate all existing roadways, railways, drainage facilities and
utility services above, upon, or under the Project site, said roadways, railways, drainage
facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities".
Contractor shall contact the owners of all Utilities to determine the necessity for
relocating or temporarily interrupting any Utilities during the construction of the Project.
Contractor shall schedule and coordinate its Work around any such relocation or
temporary service interruption. Contractor shall be responsible for properly shoring,
supporting and protecting all Utilities at all times during the course of the Work. The
Contractor is responsible for coordinating all other utility work so as to not interfere with
the prosecution of the Work (except those utilities to be coordinated by the Owner as
may be expressly described elsewhere in the Contract Documents).
2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions
are encountered at the Project site which are (i) subsurface or otherwise concealed
physical conditions which differ materially from those indicated in the Contract
Documents or (ii) unknown physical conditions of an unusual nature, which differ
materially from those ordinarily found to exist and generally recognized as inherent in
construction activities of the character provided for in the Contract Documents, and
which reasonably should not have been discovered by Contractor as part of its scope of
site investigative services required pursuant to the terms of the Contract Documents,
then Contractor shall provide Owner with prompt written notice thereof before conditions
are disturbed and in no event later than three (3) calendar days after first observance of
such conditions. Owner and Design Professional shall promptly investigate such
conditions and, if they differ materially and cause an increase or decrease in
Contractor's cost of, or time required for, performance of any part of the Work, Owner
will acknowledge and agree to an equitable adjustment to Contractor's compensation or
time for performance, or both, for such Work. If Owner determines that the conditions at
the site are not materially different from those indicated in the Contract Documents or
not of an unusual nature or should have been discovered by Contractor as part of its
investigative services, and that no change in the terms of the Agreement is justified,
Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in
opposition to such determination by Owner must be made within seven (7) calendar
days after Contractor's receipt of Owner's written determination notice. If Owner and
Contractor cannot agree on an adjustment to Contractor's cost or time of performance,
the dispute resolution procedure set forth in the Contract Documents shall be complied
with by the parties.
GC-CA-H-2
168 8
3. SCHEDULE.
3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award,
shall prepare and submit to Project Manager, for their review and approval, a progress
schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall
relate to all Work required by the Contract Documents, and shall utilize the Critical Path
method of scheduling and shall provide for expeditious and practicable execution of the
Work within the Contract Time. The Progress Schedule shall indicate the dates for
starting and completing the various stages of the Work.
3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly
updates to the Progress Schedule shall be subject to the Project Manager's review and
approval. Contractor shall submit the updates to the Progress Schedule with its
monthly Applications for Payment noted below. The Project Manager's review and
approval of the submitted Progress Schedule updates shall be a condition precedent to
the Owner's obligation to pay Contractor.
3.3 All work under this Agreement shall be performed in accordance with the
requirements of all Collier County Noise Ordinances then in effect. Unless otherwise
specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday
through Friday. No work shall be performed outside the specified hours without the
prior approval of the Project Manager.
4. PROGRESS PAYMENTS.
4.1 Prior to submitting its first monthly Application for Payment, Contractor shall
submit to Project Manager, for their review and approval, a schedule of values based
upon the Contract Price, listing the major elements of the Work and the dollar value for
each element. After its approval by the Project Manager, this schedule of values shall
be used as the basis for the Contractor's monthly Applications for Payment. This
schedule shall be updated and submitted each month along with a completed copy of
the Application for Payment form signed by the Contractor's authorized representative
and attached to the Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall
provide to the Project Manager the list of its Subcontractors and materialmen submitted
with its Bid showing the work and materials involved and the dollar amount of each
subcontract and purchase order. Contractor acknowledges and agrees that any
modifications to the list of Subcontractors submitted with Contractor's Bid and any
subsequently identified Subcontractors are subject to Owner's prior written approval.
The first Application for Payment shall be submitted no earlier than thirty (30) days after
the Commencement Date. Notwithstanding anything herein to the contrary, if approved
by Owner in its sole discretion, Contractor may submit its invoice for any required
Payment and Performance Bonds prior to the first Application of Payment provided that
Contractor has furnished Owner certified copies of the receipts evidencing the premium
paid by Contractor for the bonds.
GC-CA-H-3
16B 8
4.3 Unless expressly approved by Owner in advance and in writing, said approval at
Owner's sole discretion, Owner is not required to make any payment for materials or
equipment that have not been incorporated into the Project. If payment is requested on
the basis of materials and equipment not incorporated into the Project, but delivered
and suitably stored at the site or at another location, and such payment and storage
have been agreed to by Owner in writing, the Application for Payment also shall be
accompanied by a bill of sale, invoice or other documentation warranting that the Owner
has received the materials and equipment free and clear of all liens, charges, security
interests and encumbrances, together with evidence that the materials and equipment
are covered by appropriate property insurance and other arrangements to protect
Owner's interest therein, all of which shall be subject to the Owner's satisfaction.
Thereafter, with each Application for Payment, Contractor also shall complete and
submit to Owner as part of its Application for Payment, the Stored Materials Record
attached hereto and made a part hereof as Exhibit D.
4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to
the Project Manager or his or her designee, as directed by Owner (which designee may
include the Design Professional). After the date of each Application for Payment is
stamped as received and within the timeframes set forth in Section 218.735 F.S., the
Project Manager, or Design Professional, shall either: (1) Indicate its approval of the
requested payment; (2) indicate its approval of only a portion of the requested payment,
stating in writing its reasons therefore; or (3) return the Application for Payment to the
Contractor indicating, in writing, the reason for refusing to approve payment. Payments
of proper invoices in the amounts approved shall be processed and paid in accordance
with Section 218.735, F.S. and the administrative procedures established by the
County's Purchasing Department and the Clerk of Court's Finance Department
respectively.
In the event of a total denial by Owner and return of the Application for Payment by the
Project Manager, the Contractor may make the necessary corrections and re-submit the
Application for Payment. The Owner shall, within ten (10) business days after the
Application for Payment is stamped and received and after Project Manager approval of
an Application for Payment, pay the Contractor the amounts so approved.
4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly
payment request or ten percent (10%) of the portion thereof approved by the Project
Manager for payment, whichever is less. Such sum shall be accumulated and not
released to Contractor until final payment is due unless otherwise agreed to by the
Owner in accordance with Florida Statute 255.078. The Project Manager shall have the
discretion to establish, in writing, a schedule to periodically reduce the percentage of
cumulative retainage held through out the course of the Project schedule. Owner shall
reduce the amount of the retainage withheld on each payment request subsequent to
fifty percent (50%) completion subject to the guidelines set forth in Florida Statute
255.078 and as set forth in the Owner's Purchasing Policy.
GC-CA-H-4
168 8
4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of
Contractor's Work.
4.7 Each Application for Payment, subsequent to the first pay application, shall be
accompanied by a Release and Affidavit, in the form attached as Exhibit C,
acknowledging Contractor's receipt of payment in full for all materials, labor, equipment
and other bills that are then due and payable by Owner with respect to the current
Application for Payment. Further, to the extent directed by Owner and in Owner's sole
discretion, Contractor shall also submit a Release and Affidavit from each
Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C
acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in
full through the previous month's Application for Payment. The Owner shall not be
required to make payment until and unless these affidavits are furnished by Contractor.
4.8 Contractor agrees and understands that funding limitations exist and that the
expenditure of funds must be spread over the duration of the Project at regular intervals
based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting
its first monthly Application for Payment, Contractor shall prepare and submit for Project
Manager's review and approval, a detailed Project Funding Schedule, which shall be
updated as necessary and approved by Owner to reflect approved adjustments to the
Contract Amount and Contract Time. No voluntary acceleration or early completion of
the Work shall modify the time of payments to Contractor as set forth in the approved
Project Funding Schedule.
4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor
acknowledges and agrees that in the event of a dispute concerning payments for Work
performed under this Agreement,. Contractor shall continue to perform the Work
required of it under. this Agreement pending resolution of the dispute provided that
Owner continues to pay Contractor all amounts that Owner does not dispute are due
and payable.
5. PAYMENTS WITHHELD.
5.1 The Project Manager may decline to approve any Application for Payment, or
portions thereof, because of subsequently discovered evidence or subsequent
inspections that reveal non-compliance with the Contract Documents. The Project
Manager. may nullify the whole or any part of any approval for payment previously
issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as
may be necessary in the Owner's opinion to protect it from loss because of:
(a) defective Work not remedied; (b) third party claims filed or reasonable evidence
indicating probable filing of such claims; (c) failure of Contractor to make payment
properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt
that the Work can be completed for the unpaid balance of the Contract Amount; (e)
reasonable indication that the Work will not be completed within the Contract Time; (f)
unsatisfactory prosecution of the Work by the Contractor; or (g) any other material
breach of the Contract Documents by Contractor.
GC-CA-H-5
168 8
5.2 If any conditions described in 5.1. are not remedied or removed, Owner may,
after three (3) days written notice, rectify the same at Contractor's expense. Provided,
however, in the event of an emergency, Owner shall not be required to provide
Contractor any written notice prior to rectifying the situation at Contractor's expense.
Owner also may offset against any sums due Contractor the amount of any liquidated or
non-liquidated obligations of Contractor to Owner, whether relating to or arising out of
this Agreement or any other agreement between Contractor and Owner.
6. FINAL PAYMENT.
6.1 Owner shall make final payment to Contractor in accordance with Section
218.735, F.S. and the administrative procedures established by the County's
Purchasing Department and the Clerk of Court's Finance Department after the Work is
finally inspected and accepted by Project Manager as set forth with Section 20.1 herein,
provided that Contractor first, and as an explicit condition precedent to the accrual of
Contractor's right to final payment, shall have furnished Owner with a properly executed
and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly
executed copy of the Surety's consent to final payment and such other documentation
that may be required by the Contract Documents and the Owner. Prior to release of
final payment and final retainage, the Contractor's Representative and the Project
Manager shall jointly complete the Final Payment Checklist, a representative copy of
which is attached to this Agreement as Exhibit G.
6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and
all claims by Contractor against Owner arising out of this Agreement or otherwise
relating to the Project, except those previously made in writing in accordance with the
requirements of the Contract Documents and identified by Contractor as unsettled in its
final Application for Payment. Neither the acceptance of the Work nor payment by
Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of
Contractor hereunder or to the recovery of damages for defective Work not discovered
by the Design Professional or Project Manager at the time of final inspection.
7. SUBMITTALS AND SUBSTITUTIONS.
7.1 Contractor shall carefully examine the Contract Documents for all requirements
for approval of materials to be submitted such as shop drawings, data, test results,
schedules and samples. Contractor shall submit all such materials at its own expense
and in such form as required by the Contract Documents in sufficient time to prevent
any delay in the delivery of such materials and the installation thereof.
7.2 Whenever materials or equipment are specified or described in the Contract
Documents by using the name of a proprietary item or the name of a particular supplier,
the naming of the item is intended to establish the type, function and quality required.
Unless the name is followed by words indicating that no substitution is permitted,
materials or equipment of other suppliers may be accepted by Owner if sufficient
information is submitted by Contractor to allow the Owner to determine that the material
or equipment proposed is equivalent or equal to that named. Requests for review of
substitute items of material and equipment will not be accepted by Owner from anyone
GC-CA-H-6
168 8
other than Contractor and all such requests must be submitted by Contractor to Project
Manager within thirty (30) calendar days after Notice of Award is received by
Contractor, unless otherwise mutually agreed in writing by Owner and Contractor.
7.3 If Contractor wishes to furnish or use a substitute item of material or equipment,
Contractor shall make application to the Project Manager for acceptance thereof,
certifying that the proposed substitute shall adequately perform the functions and
achieve the results called for by the general design, be similar and of equal substance
to that specified and be suited to the same use as that specified. The application shall
state that the evaluation and acceptance of the proposed substitute will not prejudice
Contractor's achievement of substantial completion on time, whether or not acceptance
of the substitute for use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for the Project)
to adapt the design to the proposed substitute and whether or not incorporation or use
by the substitute in connection with the Work is subject to payment of any license fee or
royalty. All variations of the proposed substitute from that specified will be identified in
the application and available maintenance, repair and replacement service shall be
indicated. The application also shall contain an itemized estimate of all costs that will
result directly or indirectly from acceptance of such substitute, including costs for
redesign and claims of other contractors affected by the resulting change, all of which
shall be considered by the Project Manager in evaluating the proposed substitute. The
Project Manager may require Contractor to furnish at Contractor's expense additional
data about the proposed substitute.
7.4 If a specific means, method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents, Contractor may furnish or utilize a
substitute means, method, sequence, technique or procedure of construction
acceptable to the Project Manager, if Contractor submits sufficient information to allow
the Project Manager to determine that the substitute proposed is equivalent to that
indicated or required by the Contract Documents. The procedures for submission to
and review by the Project Manager shall be the same as those provided herein for
substitute materials and equipment.
7.5 The Project Manager shall be allowed a reasonable time within which to evaluate
each proposed substitute and, if need be, to consult with the Design Professional. No
substitute will be ordered, installed or utilized without the Project Manager's prior written
acceptance which shall be evidenced by a Change Order, a Work Directive Change, a
Field Order or an approved Shop Drawing. The Owner may require Contractor to
furnish at Contractor's expense a special performance guarantee or other surety with
respect to any substitute. The Project Manager will record time required by the Project
Manager and the Project Manager's consultants in evaluating substitutions proposed by
Contractor and making changes in the Contract Documents occasioned thereby.
Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse
Owner for the charges of the Design Professional and the Design Professional's
consultants for evaluating each proposed substitute.
GC-CA-H-7
168 8
8. DAILY REPORTS, AS-BUlL TS AND MEETINGS.
8.1 Unless waived in writing by Owner, Contractor shall complete and submit to
Project Manager on a weekly basis a daily log of the Contractor's work for the preceding
week in a format approved by the Project Manager. The daily log shall document all
activities of Contractor at the Project site including, but not limited to, the following:
8.1.1 Weather conditions showing the high and low temperatures during
work hours, the amount of precipitation received on the Project site, and any other
weather conditions which adversely affect the Work;
8.1.2
Soil conditions which adversely affect the Work;
8.1.3
personnel;
The hours of operation by Contractor's and Sub-Contractor's
8.1.4 The number of Contractor's and Sub-Contractor's personnel present
and working at the Project site, by subcontract and trade;
8.1.5 All equipment present at the Project site, description of equipment use
and designation of time equipment was used (specifically indicating any down time);
8.1.6 Description of Work being performed at the Project site;
8.1.7 Any unusual or special occurrences at the Project site;
8.1.8 Materials received at the Project site;
8.1.9 A list of all visitors to the Project
8.1.10 Any. problems that might impact either the cost or quality of the Work or
the time of performance.
The daily log shall not constitute nor take the place of any notice required to be given by
Contractor to Owner pursuant to the Contract Documents.
8.2 Contractor shall maintain in a safe place at the Project site one record copy of
the Contract Documents, including, but not limited to, all drawings, specifications,
addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as
well as all written interpretations and clarifications issued by the Design Professional, in
good order and annotated to show all changes made during construction, The
annotated drawings shall be continuously updated by the Contractor throughout the
prosecution of the Work to accurately reflect all field changes that are made to adapt the
Work to field conditions, changes resulting from Change Orders, Work Directive
Changes and Field Orders, and all concealed and buried installations of piping, conduit
and utility services. All buried and concealed items, both inside and outside the Project
site, shall be accurately located on the annotated drawings as to depth and in
relationship to not less than two (2) permanent features (e.g. interior or exterior wall
faces). The annotated drawings shall be clean and all changes, corrections and
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dimensions shall be given in a neat and legible manner in a contrasting color. The
"As-Built" record documents, together with all approved samples and a counterpart of all
approved shop drawings shall be available to the Project Manager or Design
Professional for reference. Upon completion of the Work and as a condition precedent
to Contractor's entitlement to final payment, these "As-Built" record documents, samples
and shop drawings shall be delivered to Project Manager by Contractor for Owner.
8.3 Contractor shall keep all records and supporting documentation which concern or
relate to the Work hereunder for a minimum of five (5) years from the date of
termination of this Agreement or the date the Project is completed or such longer period
as may be required by law, whichever is later. Owner, or any duly authorized agents or
representatives of Owner, shall have the right to audit, inspect and copy all such
records and documentation as often as they deem necessary during the period of this
Agreement and during the document retention period noted above; provided, however,
such activity shall be conducted only during normal business hours.
9. CONTRACT TIME AND TIME EXTENSIONS.
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the
Work being done on the Project by its subcontractors and material-men, as well as
coordinating its Work with all work of others at the Project Site, so that its Work or the
work of others shall not be delayed or impaired by any act or omission by Contractor.
Contractor shall be solely responsible for all construction means, methods, techniques,
sequences, and procedures, as well as coordination of all portions of the Work under
the Contract Documents, and the coordination of Owner's suppliers and contractors as
setforth in Paragraph 12.2. herein.
9.2 Should Contractor be obstructed or delayed in the prosecution of or completion
of the Work as a result of unforeseeable causes beyond the control of Contractor, and
not due to its fault or neglect, including but not restricted to acts of Nature or of the
public enemy, acts of government, fires, floods, epidemics, quarantine regulation,
strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48)
hours after the commencement of such delay, stating the cause or causes thereof, or be
deemed to have waived any right which Contractor may have had to request a time
extension.
9.3 No interruption, interference, inefficiency, suspension or delay in the
commencement or progress of the Work from any cause whatever, including those for
which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty
to perform or give rise to any right to damages or additional compensation from Owner.
Contractor expressly acknowledges and agrees that it shall receive no damages for
delay. Contractor's sole remedy, if any, against Owner will be the right to seek an
extension to the Contract Time; provided, however, the granting of any such time
extension shall not be a condition precedent to the aforementioned "No Damage For
Delay" provision. This paragraph shall expressly apply to claims for early completion,
as well as to claims based on late completion.
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9.4 In no event shall any approval by Owner authorizing Contractor to continue
performing Work under this Agreement or any payment issued by Owner to Contractor
be deemed a waiver of any right or claim Owner may have against Contractor for delay
damages hereunder.
10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of the Work to
increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as
a result of the change. Except in an emergency endangering life or property, or as
expressly set forth herein, no addition or changes to the Work shall be made except
upon written order of Owner, and Owner shall not be liable to the Contractor for any
increased compensation without such written order. No officer, employee or agent of
Owner is authorized to direct any extra or changed work orally. Any alleged changes
must be approved by Owner in writing prior to starting such items. Owner will not be
responsible for the costs of any changes commenced without Owner's express prior
written approval. Failure to obtain such prior written approval for any changes will be
deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by
Contractor that such items are in fact not a change but rather are part of the Work
required of Contractor hereunder.
10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be
issued and executed promptly after an agreement is reached between Contractor and
Owner concerning the requested changes. Contractor shall promptly perform changes
authorized by duly executed Change Orders. The Contract Amount and Contract Time
shall be adjusted in the Change Order in the manner as Owner and Contractor shall
mutually agree.
10.3 If Owner and Contractor are unable to agree on a Change Order for the
requested change, Contractor shall, nevertheless, promptly perform the change as
directed by Owner in a written Work Directive Change. In that event, the Contract
Amount and Contract Time shall be adjusted as directed by Owner. If Contractor
disagrees with the Owner's adjustment determination, Contractor must make a claim
pursuant to Section 11 of these General Conditions or else be deemed to have waived
any claim on this matter it might otherwise have had.
10.4 In the event a requested change results in an increase to the Contract Amount,
the amount of the increase shall be limited to the Contractor's reasonable direct labor
and material costs and reasonable actual equipment costs as a result of the change
(including allowance for labor burden costs) plus a maximum ten percent (10%) markup
for all overhead and profit. In the event such change Work is performed by a
Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all
Subcontractors' and sub-subcontractors' direct labor and material costs and actual
equipment costs shall be permitted, with a maximum five percent (5%) markup thereon
by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen
percent (15%). All compensation due Contractor and any Subcontractor or
sub-subcontractor for field and home office overhead is included in the markups noted
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above. Contractor's and Sub-Contractor's bond costs associated with any change order
shall be included in the overhead and profit expenses and shall not be paid as a
separate line item.
10.5 Owner shall have the right to conduct an audit of Contractor's books and records
to verify the accuracy of the Contractor's claim with respect to Contractor's costs
associated with any Change Order or Work Directive Change.
10.6 The Project Manager shall have authority to order minor changes in the Work not
involving an adjustment to the Contract Amount or an extension to the Contract Time
and not inconsistent with the intent of the Contract Documents. Such changes may be
effected by Field Order or by other written order. Such changes shall be binding on the
Contractor.
10.7 Any modifications to this Contract shall be in compliance with the County
Purchasing Policy and Administrative Procedures in effect at the time such
modifications are authorized.
11. CLAIMS AND DISPUTES.
11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or
interpretation of the terms of the Contract Documents, payment of money, extension of
time or other relief with respect to the terms of the Contract Documents. The term
"Claim" also includes other disputes and matters in question between Owner and
Contractor arising out of or relating to the Contract Documents. The responsibility to
substantiate a Claim shall rest with the party making the Claim.
11.2 Claims by the Contractor shall be made in writing to the Project Manager within
forty-eight (48) hours from when the Contractor knew or should have known of the event
giving rise to such Claim or else the Contractor shall be deemed to have waived the
Claim. Written supporting data shall be submitted to the Project Manager within fifteen
(15) calendar days after the occurrence of the event, unless the Owner grants additional
time in writing, or else the Contractor shall be deemed to have waived the Claim. All
Claims shall be priced in accordance with the provisions of Subsection 10.4.
11.3 The Contractor shall proceed diligently with its performance as directed by the
Owner, regardless of any pending Claim, action, suit or administrative proceeding,
unless otherwise agreed to by the Owner in writing. Owner shall continue to make
payments in accordance with the Contract Documents during the pendency of any
Claim.
12. OTHER WORK.
12.1 Owner may perform other work related to the Project at the site by Owner's own
forces, have other work performed by utility owners or let other direct contracts. If the
fact that such other work is to be performed is not noted in the Contract Documents,
written notice thereof will be given to Contractor prior to starting any such other work. If
Contractor believes that such performance will involve additional expense to Contractor
GC-CA-H-11
168'8
or require additional time, Contractor shall send written notice of that fact to Owner and
Design Professional within forty-eight (48) hours of being notified of the other work. If
the Contractor fails to send the above required forty-eight (48) hour notice, the
Contractor will be deemed to have waived any rights it otherwise may have had to seek
an extension to the Contract Time or adjustment to the Contract Amount.
12.2 Contractor shall afford each utility owner and other contractor who is a party to
such a direct contract (or Owner, if Owner is performing the additional work with
Owner's employees) proper and safe access to the site and a reasonable opportunity
for the introduction and storage of materials and equipment and the execution of such
work and shall properly connect and coordinate its Work with theirs. Contractor shall do
all cutting, fitting and patching of the Work that may be required to make its several
parts come together properly and integrate with such other work. Contractor shall not
endanger any work of others by cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of the Project Manager and the
others whose work will be affected. The duties and responsibilities of Contractor under
this paragraph are for the benefit of such utility owners and other Contractors to the
extent that there are comparable provisions for the benefit of Contractor in said direct
contracts between Owner and such utility owners and other contractors.
12.3 If any part of Contractor's Work depends for proper execution or results upon the
work of any other contractor or utility owner (or Owner), Contractor shall inspect and
promptly report to Project Manager in writing any delays, defects or deficiencies in such
work that render it unavailable or unsuitable for such proper execution and results.
Contractor's failure to report will constitute an acceptance of the other work as fit and
proper for integration with Contractor's Work.
13. INDEMNIFICATION AND INSURANCE.
13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and
hold harmless Owner and its officers and employees from any and all liabilities, claims,
damages, penalties, demands, judgments, actions, proceedings, losses or costs,
including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether
resulting from any claimed breach of this Agreement by Contractor or from personal
injury, property damage, direct or consequential damages, or economic loss, to the
extent caused by the negligence, recklessness, or intentional wrongful misconduct of
Contractor or anyone employed or utilized by the Contractor in the performance of this
Agreement.
13.2 The duty to defend under this Article 13 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Contractor, Owner and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being
provided to Contractor. Contractor's obligation to indemnify and defend under this
Article 13 will survive the expiration or earlier termination of this Agreement until it is
determined by final judgment that an action against the Owner or an indemnified party
for the matter indemnified hereunder is fully and finally barred by the applicable statute
of limitations.
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13.3 Contractor shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to
the Agreement. Further, the Contractor shall at all times comply with all of the terms,
conditions, requirements and obligations set forth under Exhibit B.
14. COMPLIANCE WITH LAWS.
14.1 Contractor agrees to comply, at its own expense, with all federal, state and local
laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the
Project, including but not limited to those dealing with taxation, worker's compensation,
equal employment and safety (including, but not limited to, the Trench Safety Act,
Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are
at variance therewith, it shall promptly notify Project Manager in writing. To the extent
any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain
terms in this Agreement in order for this Agreement to be enforceable, such terms shall
be deemed included in this Agreement. Notwithstanding anything in the Contract
Documents to the contrary, it is understood and agreed that in the event of a change in
any applicable laws, ordinances, rules or regulations subsequent to the date this
Agreement was executed that increases the Contractor's time or cost of performance of
the Work, Contractor is entitled to a Change Order for such increases, except to the
extent Contractor knew or should have known of such changes prior to the date of this
Agreement.
14.2 By executing and entering into this agreement, the Contractor is formally
acknowledging without exception or stipulation that it is fully responsible for complying
with the provisions of the Immigration Reform and Control Act of 1986 as located at 8
U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended.
Failure by the Contractor to comply with the laws referenced herein shall constitute a
breach of this agreement and the County shall have the discretion to unilaterally
terminate this agreement immediately.
15. CLEANUP AND PROTECTIONS.
15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor
shall remove all debris, rubbish and waste materials from and about the Project site, as
well as all tools, appliances, construction equipment and machinery and surplus
materials, and shall leave the Project site clean and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to,
pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery,
not indicated in the Contract Documents to be removed or altered, shall be protected by
Contractor from damage during the prosecution of the Work. Subject to the Section 2.3
above, any such improvements so damaged shall be restored by Contractor to the
condition equal to that existing at the time of Contractor's commencement of the Work.
GC-CA-H-13
16 B :~8
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement,
or any part herein, without the Owner's consent, shall be void. If Contractor does, with
approval, assign this Agreement or any part thereof, it shall require that its assignee be
bound to it and to assume toward Contractor all of the obligations and responsibilities
that Contractor has assumed toward Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits
and fees, including license fees, permit fees, impact fees or inspection fees applicable
to the Work through an internal budget transfer(s). Contractor is not responsible for
paying for permits issued by Collier County, but Contractor is responsible for acquiring
all permits. Owner may require the Contractor to deliver internal budget transfer
documents to applicable Collier County agencies when the Contractor is acquiring
permits.
17.2 All permits, fees and licenses necessary for the prosecution of the Work which
are not issued by Collier County shall be acquired and paid for by the Contractor.
17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work.
18. TERMINATION FOR DEFAULT.
18.1 Contractor shall be considered in material default of the Agreement and such
default shall be considered cause for Owner to terminate the Agreement, in whole or in
part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under
the Contract Documents within the time specified herein; or (2) fails to properly and
timely perform the Work as directed by the Project Manager or as provided for in the
approved Progress Schedule; or (3) performs the Work unsuitably or neglects or
refuses to remove materials or to correct or replace such Work as may be rejected as
unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails
to resume Work which has been suspended within a reasonable time after being
notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act
of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more
than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to
obey any applicable codes, laws, ordinances, rules or regulations with respect to the
Work; or (10) materially breaches any other provision of the Contract Documents.
18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner
determines that Contractor has not remedied and cured the default(s) within seven (7)
calendar days following receipt by Contractor of said written notice or such longer
period of time as may be consented to by Owner in writing and in its sole discretion,
then Owner, at its option, without releasing or waiving its rights and remedies against
GC-CA-H-14
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the Contractor's sureties and without prejudice to any other right or remedy it may be
entitled to hereunder or by law, may terminate Contractor's right to proceed under the
Agreement, in whole or in part, and take possession of all or any portion of the Work
and any materials, tools, equipment, and appliances of Contractor, take assignments of
any of Contractor's subcontracts and purchase orders, and complete all or any portion
of Contractor's Work by whatever means, method or agency which Owner, in its sole
discretion, may choose.
18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that
it shall not be entitled to receive any further payments hereunder until after the Project is
completed. All moneys expended and all of the costs, losses, damages and extra
expenses, including all management, administrative and other overhead and other
direct and indirect expenses (including Design Professional and attorneys' fees) or
damages incurred by Owner incident to such completion, shall be deducted from the
Contract Amount, and if such expenditures exceed the unpaid balance of the Contract
Amount, Contractor agrees to pay promptly to Owner on demand the full amount of
such excess, including costs of collection, attorneys' fees (including appeals) and
interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of
the Contract Amount exceeds all such costs, expenditures and damages incurred by the
Owner to complete the Work, such excess shall be paid to the Contractor. The amount
to be paid to the Contractor or Owner, as the case may be, shall be approved by the
Project Manager, upon application, and this obligation for payment shall survive
termination of the Agreement.
18.4 The liability of Contractor hereunder shall extend to and include the full amount of
any and all sums paid, expenses and losses incurred, damages sustained, and
obligations assumed by Owner in good faith under the belief that such payments or
assumptions were necessary or required, in completing the Work and providing labor,
materials, equipment, supplies, and other items therefor or re-Ietting the Work, and in
settlement, discharge or compromise of any claims, demands, suits, and judgments
pertaining to or arising out of the Work hereunder.
18.5 If, after notice of termination of Contractor's right to proceed pursuant to this
Section, it is determined for any reason that Contractor was not in default, or that its
default was excusable, or that Owner is not entitled to the remedies against Contractor
provided herein, then the termination will be deemed a termination for convenience and
Contractor's remedies against Owner shall be the same as and limited to those afforded
Contractor under Section 19 below.
18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within
thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill
some material obligation owed by Owner to Contractor under this Agreement, and
(ii) Owner has failed to cure such default within fourteen (14) days of receiving written
notice of same from Contractor, then Contractor may stop its performance under this
Agreement until such default is cured, after giving Owner a second fourteen (14) days
written notice of Contractor's intention to stop performance under the Agreement. If the
Work is so stopped for a period of one hundred and twenty (120) consecutive days
through no act or fault of the Contractor or its Subcontractors or their agents or
GC-CA-H-15
168.8
employees or any other persons performing portions of the Work under contract with the
Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving
written notice to Owner of Contractor's intent to terminate this Agreement. If Owner
does not cure its default within fourteen (14) days after receipt of Contractor's written
notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner,
terminate the Agreement and recover from the Owner payment for Work performed
through the termination date, but in no event shall Contractor be entitled to payment for
Work not performed or any other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon
seven (7) calendar days written notice to Contractor. In the event of such termination
for convenience, Contractor's recovery against Owner shall be limited to that portion of
the Contract Amount earned through the date of termination, together with any
retainage withheld and reasonable termination expenses incurred, but Contractor shall
not be entitled to any other or further recovery against Owner, including, but not limited
to, damages or any anticipated profit on portions of the Work not performed.
19.2 Owner shall have the right to suspend all or any portions of the Work upon giving
Contractor not less than two (2) calendar days' prior written notice of such suspension.
If all or any portion of the Work is so suspended, Contractor's sole and exclusive
remedy shall be to seek an extension of time to its schedule in accordance with the
procedures set forth in the Contract Documents. In no event shall the Contractor be
entitled to any additional compensation or damages. Provided, however, if the ordered
suspension exceeds six (6) months, the Contractor shall have the right to terminate the
Agreement with respect to that portion of the Work which is subject to the ordered
suspension.
20. COMPLETION.
20.1 When the entire Work (or any portion thereof designated in writing by Owner) is
ready for its intended use, Contractor shall notify Project Manager in writing that the
entire Work (or such designated portion) is substantially complete. Within a reasonable
time thereafter, Owner, Contractor and Design Professional shall make an inspection of
the Work (or designated portion thereof) to determine the status of completion. If
Owner, after conferring with the Design Professional, does not consider the Work (or
designated portion) substantially complete, Project Manager shall notify Contractor in
writing giving the reasons therefore. If Owner, after conferring with the Design
Professional, considers the Work (or designated portion) substantially complete, Project
Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion
which shall fix the date of Substantial Completion for the entire Work (or designated
portion thereof) and include a tentative punch-list of items to be completed or corrected
by Contractor before final payment. Owner shall have the right to exclude Contractor
from the Work and Project site (or designated portion thereof) after the date of
Substantial Completion, but Owner shall allow Contractor reasonable access to
complete or correct items on the tentative punch-list.
GC-CA-H-16
16B '~;8
20.2 Upon receipt of written certification by Contractor that the Work is completed in
accordance with the Contract Documents and is ready for final inspection and
acceptance, Project Manager and Design Professional will make such inspection and, if
they find the Work acceptable and fully performed under the Contract Documents shall
promptly issue a final Certificate for Payment, recommending that, on the basis of their
observations and inspections, and the Contractor's certification that the Work has been
completed in accordance with the terms and conditions of the Contract Documents, that
the entire balance found to be due Contractor is due and payable. Neither the final
payment nor the retainage shall become due and payable until Contractor submits:
(1) Receipt of Contractor's Final Application for Payment.
(2) The Release and Affidavit in the form attached as Exhibit C.
(3) Consent of surety to final payment.
(4) Receipt of the final payment check list.
(5) If required by Owner, other data establishing payment or satisfaction of all
obligations, such as receipts, releases and waivers of liens, arising out of
the Contract Documents, to the extent and in such form as may be
designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination
as to the Work's acceptability, even though the Design Professional may have issued its
recommendations. Unless and until the Owner is completely satisfied, neither the final
payment nor the retainage shall become due and payable.
21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any subcontractor or materialmen supplying
materials, equipment or fixtures to be incorporated into the Project. Contractor warrants
to Owner that any materials and equipment furnished under the Contract Documents
shall be new unless otherwise specified, and that all Work shall be of good quality, free
from all defects and in conformance with the Contract Documents. Contractor further
warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers,
fabricators, suppliers or processors except as otherwise provided for in the Contract
Documents. If, within one (1) year after Substantial Completion, any Work is found to
be defective or not in conformance with the Contract Documents, Contractor shall
correct it promptly after receipt of written notice from Owner. Contractor shall also be
responsible for and pay for replacement or repair of adjacent materials or Work which
may be damaged as a result of such replacement or repair. Further, in the event of an
emergency, Owner may commence to correct any defective Work, without prior notice
to Contractor, at Contractor's expense. These warranties are in addition to those
implied warranties to which Owner is entitled as a matter of law.
21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or
another representative of the Owner, shall conduct an inspection of the warranted work
to verify compliance with the requirements of the Agreement. The Contractor's
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168..8
Representative shall be present at the time of inspection and shall take remedial actions
to correct any deficiencies noted in the inspection. Failure of the Contractor to correct
the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from
future bid opportunities with the Owner, in addition to any other rights and remedies
available to Owner.
22. TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and
employees, and governmental agencies with jurisdiction over the Project shall have
access at all times to the Work, whether the Work is being performed on or off of the
Project site, for their observation, inspection and testing. Contractor shall provide
proper, safe conditions for such access. Contractor shall provide Project Manager with
timely notice of readiness of the Work for all required inspections, tests or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of
any public authority having jurisdiction over the Project requires any portion of the Work
to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish Project
Manager the required certificates of inspection, testing or approval. All inspections,
tests or approvals shall be performed in a manner and by organizations acceptable to
the Project Manager.
22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection
fees and costs; to the extent such re-inspections are due to the fault or neglect of
Contractor.
22.4 If any Work that is to be inspected, tested or approved is covered without written
concurrence from the Project Manager, such work must, if requested by Project
Manager, be uncovered for observation. Such uncovering shall be at Contractor's
expense unless Contractor has given Project Manager timely notice of Contractor's
intention to cover the same and Project Manager has not acted with reasonable
promptness to respond to such notice. If any Work is covered contrary to written
directions from Project Manager, such Work must, if requested by Project Manager, be
uncovered for Project Manager's observation and be replaced at Contractor's sole
expense.
22.5 The Owner shall charge to Contractor and may deduct from any payments due
Contractor all engineering and inspection expenses incurred by Owner in connection
with any overtime work. Such overtime work consisting of any work during the
construction period beyond the regular eight (8) hour day and for any work performed
on Saturday, Sunday or holidays.
22.6 Neither observations nor other actions by the Project Manager or Design
Professional nor inspections, tests or approvals by others shall relieve Contractor from
Contractor's obligations to perform the Work in accordance with the Contract
Documents.
GC-CA-H-18
16 B '8
23. DEFECTIVE WORK.
23.1 Work not conforming to the requirements of the Contract Documents or any
warranties made or assigned by Contractor to Owner shall be deemed defective Work.
If required by Project Manager, Contractor shall as directed, either correct all defective
Work, whether or not fabricated, installed or completed, or if the defective Work has
been rejected by Project Manager, remove it from the site and replace it with non-
defective Work. Contractor shall bear all direct, indirect and consequential costs of
such correction or removal (including, but not limited to fees and charges of engineers,
architects, attorneys and other professionals) made necessary thereby, and shall hold
Owner harmless for same.
23.2 If the Project Manager considers it necessary or advisable that covered Work be
observed by Design Professional or inspected or tested by others and such Work is not
otherwise required to be inspected or tested, Contractor, at Project Manager's request,
shall uncover, expose or otherwise make available for observation, inspection or tests
as Project Manager may require, that portion of the Work in question, furnishing all
necessary labor, material and equipment. If it is found that such Work is defective,
Contractor shall bear all direct, indirect and consequential costs of such uncovering,
exposure, observation, inspection and testing and of satisfactory reconstruction
(including, but not limited to, fees and charges of engineers, architects, attorneys and
other professionals), and Owner shall be entitled to an appropriate decrease in the
Contract Amount. If, however, such Work is not found to be defective, Contractor shall
be allowed an increase in the Contract Amount and/or an extension to the Contract
Time, directly attributable to such uncovering, exposure, observation, inspection, testing
and reconstruction.
23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient
skilled workers, suitable materials or equipment or fails to finish or perform the Work in
such a way that the completed Work will conform to the Contract Documents, Project
Manager may order Contractor to stop the Work, or any portion thereof, until the cause
for such order has been eliminated. The right of Project Manager to stop the Work
shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be
construed as obligating the Project Manager to exercise this right for the benefit of
Design Engineer, Contractor, or any other person.
23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest
to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect
and consequential costs attributable to the Owner's evaluation of and determination to
accept defective Work. If such determination is rendered prior to final payment, a
Change Order shall be executed evidencing such acceptance of such defective Work,
incorporating the necessary revisions in the Contract Documents and reflecting an
appropriate decrease in the Contract Amount. If the Owner accepts such defective
Work after final payment, Contractor shall promptly pay Owner an appropriate amount
to adequately compensate Owner for its acceptance of the defective Work.
23.5 If Contractor fails, within a reasonable time after the written notice from Project
Manager, to correct defective Work or to remove and replace rejected defective Work
GC-CA-H-19
16 B~'8
as required by Project Manager or Owner, or if Contractor fails to perform the Work in
accordance with the Contract Documents, or if Contractor fails to comply with any of the
provisions of the Contract Documents, Owner may, after seven (7) days written notice
to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall
not be required to give notice to Contractor in the event of an emergency. To the extent
necessary to complete corrective and remedial action, Owner may exclude Contractor
from any or all of the Project site, take possession of all or any part of the Work, and
suspend Contractor's services related thereto, take possession of Contractor's tools,
appliances, construction equipment and machinery at the Project site and incorporate in
the Work all materials and equipment stored at the Project site or for which Owner has
paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design
Professional and their respective representatives, agents, and employees such access
to the Project site as may be necessary to enable Owner to exercise the rights and
remedies under this paragraph. All direct, indirect and consequential costs of Owner in
exercising such rights and remedies shall be charged against Contractor, and a Change
Order shall be issued, incorporating the necessary revisions to the Contract Documents,
including an appropriate decrease to the Contract Amount. Such direct, indirect and
consequential costs shall include, but not be limited to, fees and charges of engineers,
architects, attorneys and other professionals, all court costs and all costs of repair and
replacement of work of others destroyed or damaged by correction, removal or
replacement of Contractor's defective Work. Contractor shall not be allowed an
extension of the Contract Time because of any delay in performance of the Work
attributable to the exercise by Owner of Owner's rights and remedies hereunder.
24. SUPERVISION AND SUPERINTENDENTS.
24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control
the Work competently and efficiently, devoting such attention thereto and applying such
skills and expertise as may be necessary to perform the Work in accordance with the
Contract Documents. Contractor shall be responsible to see that the finished Work
complies accurately with the Contract Documents. Contractor shall keep on the Work at
all times during its progress a competent resident superintendent, who shall be subject
to Owner's approval and not be replaced without prior written notice to Project Manager
except under extraordinary circumstances. The superintendent shall be employed by
the Contractor and be the Contractor's representative at the Project site and shall have
authority to act on behalf of Contractor. All communications given to the superintendent
shall be as binding as if given to the Contractor. Owner shall have the right to direct
Contractor to remove and replace its Project superintendent, with or without cause.
Attached to the Agreement as Exhibit N is a list identifying Contractor's Project
Superintendent and all of Contractor's key personnel who are assigned to the Project;
such identified personnel shall not be removed without Owner's prior written approval,
and if so removed must be immediately replaced with a person acceptable to Owner.
24.2 Contractor shall have a competent superintendent on the project at all times
whenever contractor's work crews, or work crews of other parties authorized by the
Project Manager are engaged in any activity whatsoever associated with the Project.
Should the Contractor fail to comply with the above condition, the Project Manager
GC-CA-H-20
16B'8
shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient
moneys to account for the Owner's loss of adequate project supervision, not as a
penalty, but as liquidated damages, separate from the liquidated damages described in
Section 5.B, for services not rendered.
25. PROTECTION OF WORK.
25.1 Contractor shall fully protect the Work from loss or damage and shall bear the
cost of any such loss or damage until final payment has been made. If Contractor or
anyone for whom Contractor is legally liable for is responsible for any loss or damage
to the Work, or other work or materials of Owner or Owner's separate contractors,
Contractor shall be charged with the same, and any moneys necessary to replace such
loss or damage shall be deducted from any amounts due Contractor.
25.2 Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
25.3 Contractor shall not disturb any benchmark established by the Owner or Design
Professional with respect to the Project. If Contractor, or its subcontractors, agents or
anyone for whom Contractor is legally liable, disturbs the Owner or Design
Professional's benchmarks, Contractor shall immediately notify Project Manager and
Design Professional. The Owner or Design Professional shall re-establish the
benchmarks and Contractor shall be liable for all costs incurred by Owner associated
therewith.
26. EMERGENCIES.
26.1 In the event of an emergency affecting the safety or protection of persons or the
Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner or Design Professional is obligated to act to
prevent threatened damage, injury or loss. Contractor shall give Project Manager
written notice within forty-eight (48) hours after Contractor knew or should have known
of the occurrence of the emergency, if Contractor believes that any significant changes
in the Work or variations from the Contract Documents have been caused thereby. If
the Project Manager determines that a change in the Contract Documents is required
because of the action taken in response to an emergency, a Change Order shall be
issued to document the consequences of the changes or variations. If Contractor fails
to provide the forty-eight (48) hour written notice noted above, the Contractor shall be
deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
27. USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment, the storage of materials and
equipment and the operations of workers to the Project site and land and areas
identified in and permitted by the Contract Documents and other lands and areas
permitted by law, rights of way, permits and easements, and shall not unreasonably
GC-CA-H-21
168.8
encumber the Project site with construction equipment or other material or equipment.
Contractor shall assume full responsibility for any damage to any such land or area, or
to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from
the performance of the Work.
28. SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Work. Contractor shall take all
necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
28.1.1 All employees on or about the project site and other persons and/or
organizations who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein,
whether in storage on or off the Project site; and
28.1.3 Other property on Project site or adjacent thereto, including trees,
shrubs, walks, pavements, roadways, structures, utilities and any underground
structures or improvements not designated for removal, relocation or replacement in the
Contract Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and
regulations of any public body having jurisdiction for the safety of persons or property or
to protect them from damage, injury or loss. Contractor shall erect and maintain all
necessary safeguards for such safety and protection. Contractor shall notify owners of
adjacent property and of underground structures and improvements and utility owners
when prosecution of the Work may affect them, and shall cooperate with them in the
protection, removal, relocation or replacement of their property. Contractor's duties and
responsibilities for the safety and protection of the Work shall continue until such time
as the Work is completed and final acceptance of same by Owner has occurred.
28.3. Contractor shall designate a responsible representative located on a full time
basis at the Project site whose duty shall be the prevention of accidents. This person
shall be Contractor's superintendent unless otherwise designated in writing by
Contractor to Owner.
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner
property. All employees of Contractor, as well as those of all subcontractors and those
of any other person or entity for whom Contractor is legally liable (collectively referred to
herein as "Employees"), shall not possess or be under the influence of any such
substances while on any Owner property. Further, Employees shall not bring on to any
Owner property any gun, rifle or other firearm, or explosives of any kind.
28.5 Contractor acknowledges that the Work may be progressing on a Project site
which is located upon or adjacent to an existing Owner facility. In such event,
Contractor shall comply with the following:
GC-CA-H-22
168 8
28.5.1
All Owner facilities are smoke free. Smoking is strictly prohibited;
28.5.2 All Employees shall be provided an identification badge by
Contractor. Such identification badge must be prominently displayed on the outside of
the Employees' clothing at all times. All Employees working at the Project site must log
in and out with the Contractor each day;
28.5.3 Contractor shall strictly limit its operations to the designated work
areas and shall not permit any Employees to enter any other portions of Owner's
property without Owner's expressed prior written consent;
28.5.4 All Employees are prohibited from distributing any papers or other
materials upon Owner's property, and are strictly prohibited from using any of Owner's
telephones or other office equipment;
28.5.5 All Employees shall at all times comply with the OSHA regulations
with respect to dress and conduct at the Project site. Further, all Employees shall
comply with the dress, conduct and facility regulations issued by Owner's officials
onsite, as said regulations may be changed from time to time;
28.5.6 All Employees shall enter and leave Owner's facilities only through
the ingress and egress points identified in the site utilization plan approved by Owner or
as otherwise designated, from time to time, by Owner in writing;
28.5.7 When requested, Contractor shall cooperate with any ongoing
Owner investigation involving personal injury, economic loss or damage to Owner's
facilities or personal property therein;
28.5.8 The Employees may not solicit, distribute or sell products while on
Owner's property. Friends, family members or other visitors of the Employees are not
permitted on Owner's property; and
28.5.9 At all times, Contractor shall adhere to Owner's safety and security
regulations, and shall comply with all security requirements at Owner's facilities, as said
regulations and requirements may be modified or changed by Owner from time to time.
29. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor shall attend a pre-construction
conference with the Project Manager, Design Professional and others as appropriate to
discuss the Progress Schedule, procedures for handling shop drawings and other
submittals, and for processing Applications for Payment, and to establish a working
understanding among the parties as to the Work. During the prosecution of the Work,
the Contractor shall attend any and all meetings convened by the Project Manager with
respect to the Project, when directed to do so by Project Manager or Design
Professional. The Contractor shall have its subcontractors and suppliers attend all such
meetings (including the pre-construction conference) as may be directed by the Project
Manager.
GC-CA-H-23
1688
30. VENDOR PERFORMANCE EVALUATION
Owner has implemented a Vendor Performance Evaluation System for all contracts
awarded in excess of $25,000. To this end, vendors will be evaluated on their
performance upon completion/termination of this Agreement.
31. MAINTENANCE OF TRAFFIC POLICY
For all projects that are conducted within a Collier County Right-of-Way, the Contractor
shall provide and erect Traffic Control Devices as prescribed in the current edition of the
Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local
roadways and as prescribed in the Florida Department of Transportations Design
Standards (DS), where applicable on state roadways. These projects shall also comply
with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by
reference. Copies are available through Risk Management and/or Purchasing
Departments, and are available on-line at colliergov.netlpurchasing.
The Contractor will be responsible for obtaining copies of all required manuals, MUTCD,
FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to
become familiar with their requirements. Strict adherence to the requirements of the
Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs
associated with the Maintenance of Traffic shall be included on the line item on the bid
page. If MOT is required, MOT is to be provided within ten (10) days of receipt of
Notice of Award.
32. SALES TAX SAVINGS AND DIRECT PURCHASE
32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and
at no additional cost to Owner, Contractor shall comply with and fully implement the
sales tax savings program with respect to the Work, as set forth in section 32.2 below:
32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from
sales tax and may wish to generate sales tax savings for the Project, Owner reserves
the right to make direct purchases of various construction materials and equipment
included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to
vendors selected by Contractor, for execution by Owner, on forms provided by Owner.
Contractor shall allow two weeks for execution of all such purchase orders by Owner.
Contractor represents and warrants that it will use its best efforts to cooperate with
Owner in implementing this sales tax savings program in order to maximize cost
savings for the Project. Adjustments to the Contract Amount will be made by
appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the
saved sales taxes. A Change Order shall be processed promptly after each Direct
Purchase, or group of similar or related Direct Purchases, unless otherwise mutually
agreed upon between Owner and Contractor. With respect to all Direct Purchases by
Owner, Contractor shall remain responsible for coordinating, ordering, inspecting,
accepting delivery, storing, handling, installing, warranting and quality control for all
GC-CA-H-24
16B 8
Direct Purchases. Notwithstanding anything herein to the contrary, Contractor
expressly acknowledges and agrees that all Direct Purchases shall be included within
and covered by Contractor's warranty to Owner to the same extent as all other
warranties provided by Contractor pursuant to the terms of the Contract Documents. In
the event Owner makes a demand against Contractor with respect to any Direct
Purchase and Contractor wishes to make claim against the manufacturer or supplier of
such Direct Purchase, upon request from Contractor Owner shall assign to Contractor
any and all warranties and Contract rights Owner may have from any manufacturer or
supplier of any such Direct Purchase by Owner.
32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for
sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal
excise taxes.
33. SUBCONTRACTS
33.1 Contractor shall review the design and shall determine how it desires to divide
the sequence of construction activities. Contractor will determine the breakdown and
composition of bid packages for award of subcontracts, based on the current Project
Milestone Schedule, and shall supply a copy of that breakdown and composition to
Owner and Design Professional for their review and approval prior to submitting its first
Application for Payment. Contractor shall take into consideration such factors as
natural and practical lines of severability, sequencing effectiveness, access and
availability constraints, total time for completion, construction market conditions,
availability of labor and materials, community relations and any other factors pertinent to
saving time and costs.
33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying
or providing any portion of the Work pursuant to a contract with Contractor. Contractor
shall be solely responsible for and have control over the Subcontractors. Contractor
shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests
for Proposal, with all affected Subcontractors and shall review the costs of those
proposals and advise Owner and Design Professional of their validity and
reasonableness, acting in Owner's best interest, prior to requesting approval of any
Change Order from Owner. All Subcontractors performing any portion of the Work on
this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a
person or entity that has the capability in all respects to perform fully the Agreement
requirements with respect to its portion of the Work and has the integrity and reliability
to assure good faith performance.
33.3 In addition to those Subcontractors identified in Contractor's bid that were
approved by Owner, Contractor also shall identify any other Subcontractors, including
their addresses, licensing information and phone numbers, it intends to utilize for the
Project prior to entering into any subcontract or purchase order and prior to the
Subcontractor cornmencing any work on the Project. The list identifying each
Subcontractor cannot be modified, changed, or amended without prior written approval
from Owner. Any and all Subcontractor work to be self-performed by Contractor must
be approved in writing by Owner in its sole discretion prior to commencement of such
GC-CA-H-25
168 8
work. Contractor shall continuously update that Subcontractor list, so that it remains
current and accurate throughout the entire performance of the Work.
33.4 Contractor shall not enter into a subcontract or purchase order with any
Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not
be required to contract with anyone it reasonably objects to. Contractor shall keep on
file a copy of the license for every Subcontractor and sub-subcontractor performing any
portion of the Work, as well as maintain a log of all such licenses. All subcontracts and
purchase orders between Contractor and its Subcontractors shall be in writing and are
subject to Owner's approval. Further, unless expressly waived in writing by Owner, all
subcontracts and purchase orders shall (1) require each Subcontractor to be bound to
Contractor to the same extent Contractor is bound to Owner by the terms of the
Contract Documents, as those terms may apply to the portion of the Work to be
performed by the Subcontractor, (2) provide for the assignment of the subcontract or
purchase order from Contractor to Owner at the election of Owner upon termination of
Contractor, (3) provide that Owner will be an additional indemnified party of the
subcontract or purchase order, (4) provide that Owner will be an additional insured on
all liability insurance policies required to be provided by the Subcontractor except
workman's compensation and business automobile policies, (5) assign all warranties
directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the
subcontract or purchase order. Contractor shall make available to each proposed
Subcontractor, prior to the execution of the subcontract, copies of the Contract
Documents to which the Subcontractor will be bound. Each Subcontractor shall
similarly make copies of such documents available to its sub-subcontractors.
33.5 Each Subcontractor performing work at the Project Site must agree to provide
field (on-site) supervision through a named superintendent for each trade (e.g., general
concrete forming and placement, masonry, mechanical, plumbing, electrical and
roofing) included in its subcontract or purchase order. In addition, the Subcontractor
shall assign and name a qualified employee for scheduling direction for its portion of the
Work. The supervisory employees of the Subcontractor (including field superintendent,
foreman and schedulers at all levels) must have been employed in a supervisory
(leadership) capacity of substantially equivalent level on,a similar project for at least two
years within the last five years. The Subcontractor shall include a resume of experience
for each employee identified by it to supervise and schedule its work.
33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and
purchase orders shall provide:
33.6.1 That the Subcontractor's exclusive remedy for delays in the
performance of the subcontract or purchase order caused by events beyond its control,
including delays claimed to be caused by Owner or Design Professional or attributable
to Owner or Design Professional and including claims based on breach of contract or
negligence, shall be an extension of its contract time.
33.6.2 In the event of a change in the work, the Subcontractor's claim for
adjustments in the contract sum are limited exclusively to its actual costs for such
changes plus no more than 10% for overhead and profit.
GC-CA-H-26
_,~_~~~_._~__." <M"',,_ _.~..... __..."__.,."",,,~~..___~_..........,_
168 8
33.6.3 The subcontract or purchase order, as applicable, shall require the
Subcontractor to expressly agree that the foregoing constitute its sole and exclusive
remedies for delays and changes in the Work and thus eliminate any other remedies for
claim for increase in the contract price, damages, losses or additional compensation.
Further, Contractor shall require all Subcontractors to similarly incorporate the terms of
this Section 33.6 into their sub-subcontracts and purchase orders.
33.6.4 Each subcontract and purchase order shall require that any claims by
Subcontractor for delay or additional cost must be submitted to Contractor within the
time and in the manner in which Contractor must submit such claims to Owner, and that
failure to comply with such conditions for giving notice and submitting claims shall result
in the waiver of such claims.
34. CONSTRUCTION SERVICES
34.1 Contractor shall maintain at the Project site, originals or copies of,
on a current basis, all Project files and records, including, but not limited to, the following
administrative records:
34.1.1
34.1.2
34.1.3
34.1.4
34.1.5
34.1.6
34.1.7
34.1.8
34.1.9
34.1.10
34.1.11
34.1.12
34.1.13
34.1.14
34.1.15
34.1.16
34.1.17
34.1.18
34.1.19
34.1.20
34.1.21
34.1.22
34.1.23
34.1.24
34.1.25
34.1.26
34.1.27
34.1.28
34.1.29
Subcontracts and Purchase Orders
Subcontractor Licenses
Shop Drawing Submittal/Approval Logs
Equipment Purchase/Delivery Logs
Contract Drawings and Specifications with Addenda
Warranties and Guarantees
Cost Accounting Records
Labor Costs
Material Costs
Equipment Costs
Cost Proposal Request
Payment Request Records
Meeting Minutes
Cost-Estimates
Bulletin Quotations
Lab Test Reports
Insurance Certificates and Bonds
Contract Changes
Permits
Material Purchase Delivery Logs
Technical Standards
Design Handbooks
"As-Built" Marked Prints
Operating & Maintenance Instruction
Daily Progress Reports
Monthly Progress Reports
Correspondence Files
Transmittal Records
Inspection Reports
GC-CA-H-27
168 8
34.1.30
34.1.31
34.1.32
Punch Lists
PMIS Schedule and Updates
Suspense (Tickler) Files of Outstanding
Requirements
The Project files and records shall be available at all times to Owner and Design
Professional or their designees for reference, review or copying.
34.2 Contractor Presentations
At the discretion of the County, the Contractor may be required to provide a brief update
on the Project to the Collier County Board of County Commissioners, "Board", up to two
(2) times per contract term. Presentations shall be made in a properly advertised Public
Meeting on a schedule to be determined by the County Manager or his designee. Prior
to the scheduled presentation date, the Contractor shall meet with appropriate County
staff to discuss the presentation requirements and format. Presentations may include,
but not be limited to, the following information: Original contract amount, project
schedule, project completion date and any changes to the aforementioned since Notice
to Proceed was issued.
35. SECURITY
If required, Contractor shall be responsible for the costs of providing background checks
and drug testing for all employees that shall provide services to the County under this
Agreement. This may include, but not be limited to, checking federal, state and local
law enforcement records, including a state and FBI fingerprint check, credit reports,
education, residence and employment verifications and other related records.
Contractor shall be required to maintain records on each employee and make them
available to the County for at least four (4) years.
36. VENUE
Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or
state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
37. VALUE ENGINEERING
All projects with an estimated cost of $10 million or more shall be reviewed for
consideration of a Value Engineering (VE) study conducted during project development.
A "project" shall be defined as the collective contracts, which may include but not be
limited to: design, construction, and construction, engineering and inspection (CEI)
services. Additionally, any project with an estimated construction value of $2 million or
more may be reviewed for VE at the discretion of the County.
38. ABOVEGROUND/UNDERGROUND TANKS
An underground 62-761, Florida Administrative Code (F.A.C.) or aboveground 62-762,
GC-CA-H-28
168 8
FAC. regulated tank requires notification to the 'County' prior to installation or closure
of the tank. The Pollution Control Department (239-252-2502), via contract GC-690
with the Florida Department of Environmental Protection (FDEP), is the County (local
program) for the purposes of these rules.
Regulated tanks require notification to the 'county' local program thirty (30) days prior to
installation and again forty-eight (48) hours prior to commencement of the installation.
Closure activities require a ten (10) day notification and then a forty-eight (48) hour
notification prior to commencement. The notification is to allow for scheduling of the
inspections pertaining to the installation/closure activities. A series of inspections will
be scheduled based upon system design after discussing the project with the
contractor/project manager. Specifics on applicability, exemptions, and requirements
for regulated pollutant storage tank systems can be found in 62-761, FAC. and 62-762,
FAC. or you may contact the Pollution Control Department with your questions.
Please note that equipment must be listed on the FDEP approved equipment list and
will be verified at inspection along with installation and testing procedures. The
approved equipment list is constantly updated and can be found at the FDEP Storage
Tank Regulation website along with rules, forms and other applicable information.
39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES.
The Contractor shall employ people to work on Owner's projects who are neat, clean,
well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor
shall supply competent employees who are physically capable of performing their
employment duties. The Owner may require the Contractor to remove an employee it
deems careless, incompetent, insubordinate or otherwise objectionable and whose
continued employment on Owner's projects is not in the best interest of the County.
GC-CA-H-29
168.'8
EXHIBIT I
SUPPLEMENTAL TERMS AND CONDITIONS
1. The County may, at its discretion, use VISA/MASTER card credit network as
a payment vehicle for goods and/or services purchased as a part of this contract.
2. Each bridge project will be awarded to the lowest, responsive and qualified
bidder.
GC.CA-I-1
168 8
EXHIBIT J
TECHNICAL SPECIFICATIONS
TECHNICAL SPECIFICATION 530.78
ARTICULATING BLOCK MAT
530-01 Description
Install a reinforced concrete channel and slope protection system as indicated on the
plans by furnishing and placing an approved grout-injected fabric-formed articulating
mat.
530-02 Materials
Material shall meet the following requirements of the Florida Department of
Transportation Standard Specifications for Road and Bridge Construction:
Item
Cement
Pozzolans and Slag
Water
Concrete Admixtures
Fine Aggregate
Plastic Filter Fabric
Section
921
929
923
924
902
985
Aggregate grading shall be consistent and shall be well graded from the maximum size
which can be conveniently handled with available pumping equipment.
Grout shall consist of a mixture of Portland cement, fine aggregate, and water
proportioned to provide a pumpable slurry. The mix shall obtain a minimum compressive
strength of 3,000 psi at 28 days. The air content of the mixed grout shall be in the range
of 1% to 6%.
Fabric forming material shall consist of specially woven, double-layer, open salvage
fabric joined in a mat configuration. The fabric shall consist of uncoated synthetic yarns
with sufficient tensile strength and porosity to withstand the pressure of the grout
injection pump without breaking the layers of fabric.
Fabric shall be woven to provide articulation bands surrounding grout filled blocks.
Bands shall control block dimensions and act as filter strips to provide relief of
hydrostatic uplift beneath the completed mat. The grout blocks shall measure 6" x 30" x
30".
Spacer cords capable of a tensile strength of at least 600 pounds shall be woven
between the layers at the required distance to control the mat thickness.
Tensile reinforcing cables shall be provided at 12" centers transversely and
longitudinally. Cables shall be 11/32" nylon cable with a breaking strength of 5,200
pounds. Cables shall pass through cable ducts between adjacent blocks. Each block
shall contain a minimum of 2 transverse cables and 2 transverse cables.
GC-CA-J-1
168 8
Additional mat used at piles and placed beneath the articulating block mat shall be a
filter point mat without reinforcing cables.
530-03 Construction Requirements
Clean, clear, and grade channel bed and slopes to approximate existing elevations and
grades. Remove and dispose of all obstructions such as roots, projecting stones, and
existing slope protection. All depressions shall be filled with compacted layers of select
fill. Install plastic filter fabric over graded surface in accordance with Florida Department
of Transportation Standard Specifications for Road and Bridge Construction Section
514.
Position fabric mats with cable reinforcing cables at locations shown on the plans. Each
panel shall be continuous or monolithic for full width, and seams shall be vertical.
Adjacent fabric panels shall be joined before grout injection by field sewing with nylon
thread. Where adjacent panels cannot be joined in this manner, or where specified,
adjacent panels shall be lapped a minimum of 3 feet. Simple butt joints not permitted.
Grout shall be introduced into the space between the layers of fabric. Inject grout in such
a way that excessive pressure on the fabric envelope and cold joints are avoided. A cold
joint is defined as one in which the pumping of the grout into a given form is discontinued
or interrupted for more than 45 minutes.
Only approved mixing and pumping equipment shall be used in preparation and handling
of grout. Oil or other rust inhibitors shall be removed from mixing drums, stirring
mechanisms, and other portions of equipment in contact with grout before the mixers are
used. Pumping equipment shall have a variable flow rate to provide enough pressure for
pumping without breaking the fabric. If blisters or blowouts occur during grout injection,
repair or replace section affected to match adjacent surfaces.
Follow manufacturer's recommendations for sequence of injecting grout. Submit
proposed grout injection plan for review.
530-04 Method of Measurement
Articulating block mat will be measured in square yards, complete, in place, and
accepted, based on the dimensions shown on the drawings. Quantity will be computed
from projected horizontal dimensions. No slope adjustment will be made.
530-05 Basis of payment
Payment will be made at the Contract Unit Price for the following:
Item 530-78 Articulating Block Mat - per square yard
This payment will be full compensation for all materials, labor, equipment, excavation,
backfill, manufacturer's installation supervision, and incidentals necessary to complete
the work. Include the cost of cleaning, clearing. and grading the existing slope and
channel in the Contract unit price for Articulating Block Mat. Include cost of providing and
installing plastic filter fabric in the Contract unit price for Articulating Block Mat. Include
cost of providing and installing 6 inch thick filter point mat at pile locations in the Contract
unit price for Articulating Block Mat.
GC-CA-J-2
EXHIBIT K
PERMITS
Applications have been made for all permits and should be
available at time of contract award.
GC-CA-K-1
168 8
168 8
EXHIBIT L
STANDARD DETAILS
GC-CA-L-1
168 8
EXHIBIT M
PLANS AND SPECIFICATIONS
GC-CA-M-1
16B 8
EXHIBIT N
CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
GC-CA-N-1
16818
MEMORANDUM
Date:
April 13, 2009
To:
Brenda Brilhart, Purchasing Agent
Purchasing Department
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Contract #08-5135: "Bayshore Drive and Thomasson Drive
Stormwater Improvements"
Contractor: Kelly Brothers, Inc.
Attached please find the original contract, as referenced above, (Agenda
Item #16B8) approved by the Board of County Commissioners on Tuesday,
December 2, 2008.
The Minutes & Records Department has also retained an original copy which
will be kept as part of the Board's permanent record.
If you should have any questions, please contact me at 252-7240.
Thank you
<ti J~Q' tYwt= CloJ~~,\l!"
J- fY 111~ ~ t--dv . Ur+iCt U~ 'HE (Y
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ITEM N .: rn - ~\2.-C U\ t1>~ TE REC~.{V. 'E~'i' I! r ,''- nl!l ~;::: ~l ",.,...
FILENO. J5t ~; h. -2n7q i!f'ri -6 1'1 9 54 ~~ ~ ~
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Date: April 2, 2009 V
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To:
FrOID(!)
Brenda Brilhart
Purchasing Agent
239-252-8446
,-..>
=
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.0
Re:
Contract #08-5135
Bridge Repairs (Chokoloskee, Goodland, Green Boulevard and Oil Well_
Road)
Contractor: Kelly Brothers, Inc.
-n
3
C1'
BACKGROUND OF REQUEST:
/'
This contract was approved by the BCC on December 2,2008; Agenda Item
16.B.8
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Please forward to BCC for signature after approval. Ifthere are any questions
concerning the document, please contact me. Purchasing would appreciate
notification when the documents exit your office. Thank you. .....
I) (NS,<,'I.ANl'<..
ol. ) e)<. f'l'u,t't:J,e' s
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RLS # D9- jJ/tr' -- f') /1 sc?
CHECKLIST FOR REVIEWING CONTRACTS
Entity Name:
I)€:LL'-/
I
AR.t) rltt~ ~
J
ItU~,
Insurance
Insurance Certificate attached?
Insured registered in Florida?
Contract # &/or Project referenced on Certificate?
Certificate Halder name carrect (BCC)?
Commercial General Liability
General Aggregate Required $ "Z VIA \ L
Products/Campl/Op Required $
Persanal & Advert Required $ __
Each Occurrence Required $
Fire/Prop Damage Required $
Automobile Liability
Badily Inj & Prop Required $ 7....." \...
Workers Compensation
Each accideut Required $ I It, ( v Provided $ i M ( L Exp Date j;' I f I PC[
Disease Aggregate Required $_,,_ Provided $''_--'-'_ _ Exp Date _'"I' "
Disease Each Empl Required $ Provided $_-'-'__ Exp Date _~
Umbrella Liability
Each Occurrence Provided $ .')' loA I L Exp Date ,;;,'11 ) oq
Aggregate Provided $ -----.U...___ Exp Date ~
Does Umbrella sufficiently cover any underinsured portion? ~___Yes
Professional Liability
Each Occurrence Required $__.
Per Aggregate Required $__
Other Insurance
Each Occur Type:i-l,,~f""'f
Entity name correct on contract?
Entity registered with FL Sec. af State?
"d
Exp. Date 9( I /0'1 .' {;; ~.Aju2~
Exp.DatcE-.. " If- -~~
Exp. Date _
Exp. Date _"
Exp. Date
Exp Date 8/I,JOCI
_",/Yes
JL"Yes
No
No
JL' Yes
---.JL' Y es
......1L"Yes
__..v-::Yes
No
No
Na
No
Provided $ ~ 2- \\A \ L-".
Provided $ l (
Provided $ '1.\;\1 ( __
Provided $ ......lJ__.....
Provided $ SO)~2_
Provided $
\ VIol ( L-..
No
Provided $___",,_
Provided $
Exp. Date
Exp. Date
16B
8
Required $- \". _"_
Provided $ 1 M [ L
Exp Date ~
County required to be named as additional insured?
County named as additional insured?
Indemnification
Does indenmification meet County standards?
Is County indemnifying other party?
Performance Bond
Bond requirement referenced in contract?
If attached, expiration date of bond
Does dollar amount match contract?
Agent registered in Florida?
Signature Blocks
Correct executor name in signature block?
Correct title of executor?
Executor authorized to sign for entity?
Proper number of witnesses/notary?
Authorization for executor to sign, if necessary:
Chairman's signature block?
Clerk's attestation signature block?
County Attorney's signature block?
Attachments
Are all required attachments included?
v'Yes Na
C/'Yes ---
No
,/ Yes No
-
Yes --\,.,LNo
Yes - No
-..LYes No
~es -- No
._v'Yes <,l.
Yes
_\LYes
.,,-\7'" Y es
VNo
--eL...No
No
No
" V-Yes
V Yes
_ vYes
Na
Na
No
_--VYes
No
Reviewer Initials:
Date:
04-COA-01030/222
www.sunbiz.org ~ Department of State
Page 1 of2
168 8
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Florida Profit Corporation
KELLY BROTHERS, INC.
Filing Information
Document Number 656515
FEIIEIN Number 592069592
Date Filed 02/20/1980
State FL
Status ACTIVE
Last Event AMENDMENT
Event Date Filed 01/06/2000
Event Effective Date NONE
f'!l!1_~al Addresli,
15775 PINE RIDGE ROAD
FT. MYERS FL 33908
Changed 01/13/1993
Mailing Address
15775 PINE RIDGE ROAD
FT. MYERS FL 33908
Changed 01/13/1993
~egistered Agent Nam,e & Jl.ctdress
KELLY. DANNY M
15775 PINE RIDGE ROAD
FT. MYERS FL 33908 US
Name Changed: 01/21/2000
Address Changed: 01/20/1994
Officer/Director Detail
Name & Address
Title PSTD
KELLY. DANNY M.
15775 PINE RIDGE RD
FORT MYERS FL 33908
\
Title V
BAUTISTA. CRESENTE
15775 PINE RIDGE RD.
FORT MYERS FL 33908
\
\
http://ccfcorp.dos.state. tl.us/scripts/cordet.exe')action~DETF1L&inq_ doc _ numbcJ=656515... 4/6/2009
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2009 02/18/2009
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02/1 B!201l9,- ANNUlIL I,FI'OR! [
1l3i21/2008 -- ANNUAl I,FI'OIrT I
03/13/2007 ANNUAL RFI'ORT r
04/27/2006 -- ANNUf\L REI/ORT [
08/2f)/2oo5 .. ANNUAL REF/ORT r
01/05'2005 -- ANNUAL REPORT [
1l1/12/2004 ANNUAL REPORT [
01/15:200/J ANNUAL REPorn [
02101/2002 -- ANNUAL RLPORT [
01/23:2001 ANNUf\L FiEPORT r
01/21!2000 ,- ANNUAL REI'OR1 [
0-liOG!2000 Arnendrnnnt
01i20!1flf)9 .. ANNUAL REF/ORT I
01!2(]/190ll, ANNUAL F,EF'ORT [
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t.~~~~~,!..~.~~...i_~._.~.9.~..?.~~!~~~_~~~9_~_Se_~__~~_~_~~_~_~_!~iL~~_~~.~?~_~.~,9~.~!~~J
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168-8
MEMORANDUM
TO: Jeff Walker/Ray Carter
Risk Management Department
FRo~renda Brilhart, Purchasing Agent
~urChaSing Department
DATE: April 2, 2009
RE: Review of Insurance for Contract No. 08-5135
Bridge Repairs (Chokoloskee, Green Boulevard and Oil
Well Road)
Contractor Kelly Brothers, Inc.
This Contract was approved by the BCC on December 2, 2008,
Agenda Item 16.B.8
Please review the Bonds and Insurance Certificate in this Agreement
for the above-referenced contract. If everything is acceptable, please
forward to the County Attorney for further review and approval. Also
will you advise me when it has been forwarded. Thank you. If you
have any questions, please contact me at extension 8446.
RECEIVED
APR 0 ;, 2009
cc: Marlene Messam; TECM
RISK MANAGEMENT
"\ ? ....j
/-)pdt / iJri
(
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"-"1'/ /
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16B 8
Bridge Repairs
(Chokoloskee, Goodland, Green Boulevard and Oil Well Road)
COLLIER COUNTY BID NO. 08-5135
COLLIER COUNTY, FLORIDA
Design Professional:
TBE Group/Stanley Consultants
COLLIER COUNTY PURCHASING DEPARTMENT
3301 Tamiami Trail, East
Naples, Florida 34112
ORIGINAL
168 8
TABLE OF CONTENTS
A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY)
B. INSTRUCTIONS TO BIDDERS
C. BID, BID SCHEDULE AND OTHER DOCUMENTS
D. AGREEMENT
E. AGREEMENT EXHIBITS
EXHIBIT A: Performance and Payment Bond Forms
EXHIBIT B: Insurance Requirement Form
EXHIBIT C: Release and Affidavit Form
EXHIBIT D: Contractor Application for Payment Form
EXHIBIT E: Change Order Form
EXHIBIT F: Certificate of Substantial Completion Form
EXHIBIT G: Final Payment Checklist
EXHIBIT H: General Terms and Conditions
EXHIBIT I: Supplemental Terms and Conditions
EXHIBIT J: Technical Specifications
EXHIBIT K: Permits
EXHIBIT L: Standard Details (if applicable)
EXHIBIT M: Plans and Specifications prepared by TBE Group/Stanley Consultants
and identified as follows: Bridge Repairs
(Chokoloskee, Goodland, Green Boulevard and Oil Well Road)
as shown on Plan Sheets 1 through 48.
EXHIBIT N: Contractor's List of Key Personnel
168 8
PUBLIC NOTICE
INVITATION TO BID
COLLIER COUNTY, FLORIDA
Bridge Repairs
(Chokoloskee, Goodland, Green Boulevard and Oil Well Road)
COUNTY BID NO. 08-5135
Separate sealed bids for the construction of Bridge Repairs (Chokoloskee,
Goodland, Green Boulevard and Oil Well Road) , addressed to Mr. Steve Carnell,
Purchasing Director, will be received at the Collier County Governrnent Cornplex, 3301
Tamiami Trail East, Purchasing Building, Purchasing Department, Naples, Florida
34112, until 2:30 P.M. LOCAL TIME, on the 29th day of October 2008, at which time
all bids will be publicly opened and read aloud. Any bids received after the time and
date specified will not be accepted and shall be returned unopened to the Bidder.
A non-mandatory pre-bid conference shall be held at the Purchasing Department,
Conference Room A, Purchasing Building "G" at 10:00 a.m, LOCAL TIME on the 15th
day of October, 2008, at which time all prospective Bidders may have questions
answered regarding the Bidding Docurnents for this Project.
Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County
Government, Collier County, Bridge Repairs (Chokoloskee, Goodland, Green
Boulevard and Oil Well Road), Bid No. 08-5135 and Bid Date of October 29, 2008.
No bid shall be considered unless it is made on an unaltered Bid form which is included
in the Bidding Documents. The Bid Schedule (GC~P~1 through GC-P-14) shall be
removed from the Bidding Documents prior to submittal.
Each bridge project will be awarded to the lowest, responsive and qualified
bidder. Bidding Documents may be examined on the Collier County Purchasing
Department E-Procurement website: www.collierqov.netlbid. Copies of the Bidding
Documents may be obtained only from the denoted website. Bidding Documents
obtained from sources other than the Collier County Purchasing Department website
may not be accurate or current.
Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an
amount not less than five percent (5%) of the total Bid to be retained as liquidated
damages in the event the Successful Bidder fails to execute the Agreement and file the
required bonds and insurance within fifteen (15) calendar days after the receipt of the
Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute
the Agreement in the form attached hereto and incorporated herein.
The Successful Bidder shall be required to furnish the necessary Payment and
Performance Bonds, as prescribed in the General Conditions of the Contract
Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and
Certificates of Insurance shall be either executed by or countersigned by a licensed
GC-PN-1
168 8
resident agent of the surety or insurance company having its place of business in the
State of Florida. Further, the said surety or insurance company shall be duly licensed
and qualified to do business in the State of Florida. Attorneys~in~fact that sign Bid
Bonds or Payment and Performance Bonds must file with each bond a certified and
effective dated copy of their Power of Attorney.
In order to perform public work, the Successful Bidder shall, as applicable, hold or
obtain such contractor's and business licenses, certifications and registrations as
required by State statutes and Countyordinances.
Before a contract will be awarded for the Work contemplated herein, the Owner shall
conduct such investigations as it deems necessary to determine the performance record
and ability of the apparent low Bidder to perform the size and type of work specified in
the Bidding Documents. Upon request, the Bidder shall submit such information as
deemed necessary by the Owner to evaluate the Bidder's qualifications.
The Successful Bidder shall be required to finally complete all Work within calendar
days (specified in table below) from and after the Commencement Date specified in the
Notice to Proceed.
Project Days Days Final Total
Substantial Completion Days
Completion
Chokoloskee 85 15 100
Green Boulevard 65 10 75
Goodland 90/100 20/20 110/120
Oil Well Road 100 15 115
The Owner reserves the right to reject all Bids or any Bid not conforming to the intent
and purpose of the Bidding Documents, and to postpone the award of the contract for a
period of time which, however, shall not extend beyond one hundred twenty (120) days
from the bid opening date without the consent of the Successful Bidder.
Dated this 29th day of September 2008.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: Isl Stephen Y. Carnell. C.P.M.
Purchasing and General Services Director
GC-PN-2
168 18
PART B - INSTRUCTIONS TO BIDDERS
Section 1. Definitions
1.1 The term "Owner" used herein refers to the Board of County Commissioners, or
its duly authorized representative.
1.2 The term "Project Manager" used herein refers to the Owner's duly authorized
representative and shall mean the Division Administrator or Department Director, as
applicable, acting directly or through duly authorized representatives.
1.3 The term "Design Professional" refers to the licensed professional engineer or
architect who is in privity with the Owner for the purpose of designing and/or monitoring
the construction of the project. At the Owner's discretion, any or all duties of the Design
Professional referenced in the Contract Documents may be assumed at any time by the
Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the
Project Manager may formally assign any of his/her duties specified in the Contract
Documents to the Design Professional.
1.4 The term "Bidder" used herein means one who submits a bid directly to the
Owner in response to this solicitation.
1.5 The term "Successful Bidder" means the lowest qualified, responsible and
responsive Bidder who is awarded the contract by the Board of County Commissioners,
on the basis of the Owner's evaluation.
1.6 The term "Bidding Documents" includes the Legal Advertisement, these
Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the
Agreement.
1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding
Documents, properly signed, providing the Owner a proposed cost for providing the
services required in the Bidding Documents.
Section 2. Preparation of Bids
2.1 The Bids must be submitted on the standard form herein furnished by the Owner
(pages GC-P-1 to GC-P~14 as bound in these Bidding Documents). By submitting a Bid,
Bidder acknowledges and agrees that it shall execute the Agreement in the form
attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by
typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be
accompanied by a hard copy of the completed Bid Schedule which shall be signed and
dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of
form, conditional bid or irregularities of any kind. Bids must be submitted in sealed
envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time,
and shall be addressed to the Collier County Purchasing Department, Purchasing
Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples,
Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be
enclosed in another sealed envelope addressed as above. Bids received at the
GC-IB-1
168 8
location specified herein after the time specified for bid opening will be returned to the
bidder unopened and shall not be considered.
Section 3, Bid Deposit Requirements
3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same
shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a
certified check payable to Owner on some bank or trust company located in the State
of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an
amount not less than 5% of the bidder's maximum possible award (base bid plus all
add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit
shall be retained by Owner as liquidated damages if the Successful Bidder fails to
execute and deliver to Owner the unaltered Agreement, or fails to deliver the required
Performance and Payment Bonds or Certificates of Insurance, all within ten (10)
calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a
corporate surety licensed under the laws of the State of Florida to execute such bonds,
with conditions that the surety will, upon demand, forthwith make payment to Owner
upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the
Agreement has been executed by the Successful Bidder and same has been delivered
to Owner together with the required bonds and insurance, after which all three (3) Bid
Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be
released within ten (10) working days of the Bid Opening. No Bid including alternates,
shall be withdrawn within one hundred and twenty (120) days after the public opening
thereof. If a Bid is not accepted within said time period it shall be deemed rejected and
the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the
contract prior to the expiration of the 120 day period without selecting any or all
alternates, the Owner shall retain the right to subsequently award to the Successful
Bidder said alternates at a later time but no later than 120 days frorn opening, unless
otherwise agreed by the Purchasing Director and the Successful Bidder.
3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form
attached and deliver same to Owner within the time period noted above. The Owner
shall execute all copies and return one fully executed copy of the Agreement to
Successful Bidder within thirty (30) working days after receipt of the executed
Agreement from Successful Bidder unless any governmental agency having funding
control over the Project requires additional time, in which event the Owner shall have
such additional time to execute the Agreement as may be reasonably necessary.
Section 4. RiQht to Reiect Bids
4.1 The Owner reserves the right to reject any and all Bids or to waive informalities
and negotiate with the apparent lowest, qualified Bidder to such extent as may be
necessary for budgetary reasons.
Section 5. Si!:lninq of Bids
5.1 Bids submitted by a corporation must be executed in the corporate name by the
president, a vice president, or duly authorized representative. The corporate address
GC-IB-2
168 8
and state of incorporation must be shown below the signature.
5.2 Bids by a partnership must be executed in the partnership name and signed by a
general partner whose title must appear under the signature and the official address of
the partnership must be shown below said signature.
5.3 If Bidder is an individual, his or her signature shall be inscribed.
5.4 If signature is by an agent or other than an officer of corporation or general
partner of partnership, a properly notarized power of attorney must be submitted with
the Bid.
5.5 All Bids shall have names typed or printed below all signatures.
5.6 All Bids shall state the Bidder's contractor license number.
5.7 Failure to follow the provisions of this section shall be grounds for rejecting the
Bid as irregular or unauthorized.
Section 6. Withdrawal of Bids
Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement
for the opening of Bids, provided that the withdrawal is requested in writing, properly
executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of
a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified
for Bid opening.
Section 7, Late Bids
No Bid shall be accepted that fails to be submitted prior to the time specified in the
Legal Advertisement.
Section 8. Interpretation of Contract Documents
8.1 No interpretation of the meaning of the plans, specifications or other Bidding
Documents shall be made to a Bidder orally. Any such oral or other interpretations or
clarifications shall be without legal effect. All requests for interpretations or clarifications
shall be in writing, addressed to the Purchasing Department, to be given consideration.
All such requests for interpretations or clarification must be received at least ten (10)
calendar days prior to the Bid opening date. Any and all such interpretations and
supplemental instructions shall be in the form of written addendum which, if issued,
shall be sent by mail or fax to all known Bidders at their respective addresses furnished
for such purposes no later than three (3) working days prior to the date fixed for the
opening of Bids. Such written addenda shall be binding on Bidder and shall become a
part of the Bidding Documents.
8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid,
that it has received all addenda issued and it shall acknowledge same in its Bid.
GC-IB-3
168 8
8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid
Conference is non-mandatory.
Section 9. Examination of Site and Contract Documents
9.1 By executing and submitting its Bid, each Bidder certifies that it has:
a. Examined all Bidding Documents thoroughly;
b. Visited the site to become familiar with local conditions that may in any manner
affect performance of the Work;
c. Become familiar with all federal, state and local laws, ordinances, rules, and
regulations affecting performance of the Work; and
d. Correlated all of its obseNations with the requirements of Bidding documents.
No plea of ignorance of conditions or difficulties that may exist or conditions or
difficulties that may be encountered in the execution of the Work pursuant to these
Bidding Documents as a result of failure to make the necessary examinations and
investigations shall be accepted as an excuse for any failure or omission on the part of
the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever
for extra compensation or for an extension of time.
9.2 The Owner will make copies of surveys and reports performed in conjunction with
this Project available to any Bidder requesting them at cost; provided, however, the
Owner does not warrant or represent to any Bidder either the completeness or accuracy
of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own
expense, make such additional sUNeys and investigations as may be necessary to
determine its Bid price for the performance of the Work within the terms of the Bidding
Documents. This provision shall be subject to Section 2.3 of the General Conditions to
the Agreement.
Section 10. Material Reauirements
It is the intention of these Bidding Documents to identify standard materials. When
space is provided on the Bid Schedule, Bidders shall specify the materials which they
propose to use in the Project. The Owner may declare any Bid non-responsive or
irregular if such materials are not specifically named by Bidder.
Section 11. Bid Quantities
11.1 Quantities given in the Bid Schedule, while estimated from the best information
available, are approximate only. Payment for unit price items shall be based on the
actual number of units installed for the Work. Bids shall be compared on the basis of
number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said
unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not
GC-IB-4
168 8
conforming to this requirement may be rejected. Special attention to all Bidders is
called to this provision, because if conditions make it necessary or prudent to revise the
unit quantities, the unit prices will be fixed for such increased or decreased quantities.
Compensation for such additive or subtractive changes in the quantities shall be limited
to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the
Project Manager and the Successful Bidder shall have the discretion to re-negotiate any
unit price(s) where the actual quantity varies by more than 25% from the estimate at the
time of bid.
Section 12. Award of Contract
12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the
bid invitation (including the form of the bid documents or bid procedures) shall file their
protest with the Purchasing Director prior to the time of the bid opening strictly in
accordance with Owner's then current Purchasing Policy.
12.2 The Board of County Commissioners has adopted a Local Preference "Right to
Match" policy to enhance the opportunities of Collier County business to receive
awards.
A "local business" is defined as a Collier County business that has a valid occupational
license issued by Collier County at least one year prior to bid or proposal submission to
do business within Collier County that authorizes the business to provide the
commodities or services to be purchased, and a physical business address located
within the limits of Collier County from which the vendor operates or performs business.
Post Office Boxes are not verifiable and shall not by used for the purpose of
establishing said physical address. In addition to the foregoing, a vendor shall not be
considered a "local business" unless it contributes to the economic development and
well~being of Collier County in a verifiable and measurable way. This may include, but
not be limited to, the retention and expansion of employment opportunities, the support
and increase to the County's tax base, and residency of employees and principals of the
business within Collier County. Vendors shall affirm in writing their compliance with the
foregoing at the time of submitting their bid or proposal to be eligible for consideration
as a "local business" under this section.
When a qualified and responsive, non-local business submits the lowest price bid, and
the bid submitted by one or more qualified and responsive local businesses is within ten
percent (10%) of the price submitted by the non-local business, then the local business
with the apparent lowest bid offer (Le., the lowest local bidder) shall have the
opportunity to submit, an offer to match the price(s) offered by the overall lowest,
qualified and responsive bidder. In such instances, staff shall first verify if the lowest
non-local bidder and the lowest local bidder are in fact qualified and responsive bidders.
Next, the Purchasing Department shall determine if the lowest local bidder meets the
requirements of Section 287.087 F.S. If the lowest local bidder meets the requirements
of 287.087, F.S., the Purchasing Department shall invite the lowest local bidder to
submit a matching offer to the Purchasing Department which shall be submitted to the
Purchasing Department within five (5) business days thereafter. If the lowest local
bidder submits an offer that fully matches the lowest bid from the lowest non-local
GC-IB-5
168 8
bidder tendered previously, then award shall be made to the local bidder. If the lowest
local bidder declines or is unable to match the lowest non local bid price(s), than award
will be made to the lowest overall qualified and responsive bidder. If the lowest local
bidder does not meet the requirement of Section 287.087 F.S. and the lowest non~local
bidder does, award will be made to the bidder that meets the requirements of the
reference state law.
Bidder must complete and submit with their proposal response, the Affidavit for
Claiming Status as a Local Business which is included as part of this solicitation.
Failure on the part of a Bidder to submit this Affidavit with their proposal response will
preclude said Bidder from being considered for preference on this solicitation. A vendor
who misrepresents the Local Preference status of its firm in a bid submitted to the
County will lose the privilege to claim Local Preference status for a period of up to one
year.
The County may, as it deems necessary, conduct discussions with responsible bidders
determined to be in contention for being selected for award for the purpose of
clarification to assure full understanding of, and responsiveness to solicitation
requirements.
12.3 The Award of Contract(s) shall be issued to the lowest, responsive and
qualified Bidder(s) determined on the basis of the total base bid for each
individual project (Chokoloskee, Goodland, Green Boulevard and Oil Well Road)
and the Owner's investigations of the Bidder. In determining the lowest, responsive and
qualified bidder, the Owner shall consider the capability of the Bidder to perform the
contract in a timely and responsible manner. When the contract is awarded by Owner,
such award shall be evidenced by a written Notice of Award, signed by a Purchasing
Agent of the Owner's Purchasing Department or his or her designee and delivered to
the intended awardee or mailed to awardee at the business address shown in the Bid.
12.4 Award recommendations will be posted outside the offices of the Purchasing
Department generally on Wednesdays and Thursdays prior to the presentation to the
Board of County Commissioners. Award of Contract will be made by the Board of
County Commissioners in public session. Any actual or prospective bidder who desires
to formally protest the recommended contract award must file a notice of intent to
protest with the Purchasing Director within two (2) calendar days (excluding weekends
and holidays) of the date that the recommended award is posted. Upon filing of said
notice, the protesting party will have five (5) days to file a formal protest, said protest to
strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing
Policy is available at the offices of the Purchasing Director.
12.5 For Bidders who may wish to receive copies of Bids after the Bid opening, the
Owner reserves the right to recover all costs associated with the printing and distribution
of such copies.
Ge-IS-6
16B 8
Section 13. Sales Tax
13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales
tax savings program and the Successful Bidder agrees to fully comply, at no additional
cost to Owner, with such sales tax savings program implemented by the Owner as set
forth in the Agreement and in accordance with Owner's policies and procedures.
Section 14. Exclusion of County Permits in Bid Prices
14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public
Bid Disclosure Act", Collier County will pay for all Collier County permits and fees
applicable to the Project, including license fees, permit fees, impact fees or inspection
fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall
not include these permiUfee amounts in their bid offer. However, the Successful Bidder
shall retain the responsibility to initiate and complete all necessary and appropriate
actions to obtain the required permits other than payment for the items identified in this
section.
14.2 The Successful Bidder shall be responsible for procuring and paying for all
necessary permits not issued by Collier County pursuant to the prosecution of the work.
Section 15. Use of Subcontractors
15.1 To ensure the Work contemplated by the Contract Documents is performed in a
professional and timely manner, all Subcontractors performing any portion of the work
on this Project shall be "qualified" as defined in Collier County Ordinance 87-25,
meaning a person or entity that has the capability in all respects to perform fully the
Agreement requirements and has the integrity and reliability to assure good faith
performance. A Subcontractor's disqualification from bidding by the Owner, or other
public contracting entity within the past twelve months shall be considered by the Owner
when determining whether the Subcontractors are "qualified."
15.2 The Owner may consider the past performance and capability of a Subcontractor
when evaluating the ability, capacity and skill of the Bidder and its ability to perform the
Agreement within the time required. Owner reserves the right to disqualify a Bidder who
includes Subcontractors in its bid offer which are not "qualified" or who do not meet the
legal requirements applicable to and necessitated by this Agreement.
15.3 The Owner may reject all bids proposing the use of any subcontractors who have
been disqualified from submitting bids to the Owner, disqualified or de~certified for
bidding purposes by any public contracting entity, or who has exhibited an inability to
perform through any other means.
15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders
shall identify the subcontractor(s) it intends to use for the categories of work as set forth
in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders
acknowledge and agree that the subcontractors identified on the list is not a complete
list of the subcontractors to be used on the Project, but rather only the major
Ge-IS-?
16B 8
subcontractors for each category of Work as established by Owner. Bidders further
acknowledge that once there is an Award of Contract, the Successful Bidder shall
identify, subject to Owner's review and approval, all the subcontractors it intends to use
on the Project. Once approved by Owner, no subcontractor shall be removed or
replaced without Owner's prior written approval.
Section 16. Prohibition of Gifts
No organization or individual shall offer or give, either directly or indirectly, any favor,
gift, loan, fee, service or other item of value to any County employee, as set forth in
Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05,
and County Administrative Procedure 5311. Violation of this provision may result in one
or more of the following consequences: a. Prohibition by the individual, firm, and/or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/or
quotes; and, c. immediate termination of any contract held by the individual and/or firm
for cause.
Section 17. Public Entitv Crimes
By its submitting a Bid, Bidder acknowledges and agrees to and represents it is
in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read
as follows:
"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,
proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with
a public entity for the construction or repair of a public building or
public work; may not submit bids, proposals, or replies 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 any public entity; and may not transact business with any public
entity in excess of the threshold amount provided in s. 287.017 for
CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list."
GC-IB-8
168 8
~ COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL
ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING
NAPLES, FLORIDA 34112
(239) 252-8446
www.coIliergov.net/purchasing
ADDENDUM
DATE: October 9, 2008
TO: Interested Bidders
FROM: Brenda Brilhart, Purchasing Agent
SUBJECT: Addendum #1: Bid # 08-5135 - Bridge Repairs (Chokoloskee, Goodland,
Green Boulevard and Oil Well Road)
Addendum # 1 covers the following change for the above~referenced Bid:
REMOVE the entire Goodland Bridge No. 030184 (CR 92 over Marco Channel) component
from this solicitation. This bridge may be bid out separately once further investigations are
completed.
CHANGE: If price savings would warrant, the County is considering awarding the work on a
job by job basis or collectively as one contract. Revised Bid Schedule attached.
If you require additional information please call me at 239/252-8446 or bye-mail at
brendabrilhart@colliergov.net.
cc: Marlene Messam Project Manager
Enc: Bid Schedule
168 8
~ COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL
ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING
NAPLES, FLORIDA 34112
(239) 252~8446
www.colliergov.netlpurchasing
ADDENDUM
DATE:
October 21, 2008
TO:
I nterested Bidders
FROM:
Brenda Brilhart, Purchasing Agent
SUBJECT: Addendum #2: Bid # 08-5135 - Bridge Repairs (Chokoloskee, Goodland,
Green Boulevard and Oil Well Road)
Addendum # 2 covers the following change for the above~referenced Bid:
Question 1:
The specifications called for a 6" thick filter point mat to be used around the bridge piles and in the
plans it is calling for a 6" filter point mat. This has caused some confusion, a 6" thick filter point
has filter points spaced 10" on center. Where a mat with 6" filter point spacing is not made. I did
see where the county has stated that a 8" filter point mat will be accepted, the 8" filter point mat in
only 4" thick. I would like to know which of the following products will the county accept for this
project:
FP400 = 4" thick / 8" filter point spacing
or
FP600 = 6" thick /10" filter point spacing
Answer: A 6" thick mat is required, The 10" filter point spacing (FP600) will be acceptable.
Question 2:
The specifications for the Articulating Block Mat call for a 6" thick block that has a block size of 30"
x 30". The 6" thick Articulating Block Mat has a block size of 20" x 20" and the 12" thick
Articulating Block Mat is 30" x 30". I would like to know which of the following products will the
county accept for this project:
AB600 = 6" thick / block size 20" x 20"
or
AB1200 = 12" thick / block size 30" x 30"
168 8
BID 08-5116 Addendum #1
Answer: A 6" thick mat is required. The 20" x 20" (AB600) will be acceptable.
Question 3:
The specifications for the Chokoloskee Bridge calls for the IECS Cable Concrete Articulating
Block Mats, but does not specify what thickness or if the blocks need to be a closed or open cell
system. Please specify what thickness and system the county will accept for this project.
Answer: The articulating block shall be Contech Armorflex 30s or an engineer approved
equal. This is an open cell block with a Nominal Depth of 4.75 inches.
You can find Contech's Armorflex brochure at:
http://www.contech-cpi.com/med ia/assets/assetlfile name/54/ARMORTEC ArmorFlex2.pdf
You can find Contech's Armorflex specifications at:
http://www.contech-
cpLcom/media/assets/assetlfile name/4913/ArmorFlex 305 General 5pec.rtf
Question 4:
What type of Plastic Filter Fabric is to be used under the Articulating Block Mat?
Answer: The filter fabric requirement's are outlined in the Armorflex specification
mentioned in the answer to Question 3 above. Contech's Armorflex representative (Dave
Ziggler, 407-810-4935) recommends using Geotex 2x2 HF.
If you require additional information please call me at 239/252-8446 or bye-mail at
brendabrilhart@colliergov.net.
cc: Marlene Messam Project Manager
2
168 8
~ COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL
ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING
NAPLES, FLORIDA 34112
(239) 252-8446
www.colliergov.net/purchasing
ADDENDUM
DATE: October 21, 2008
TO: Interested Bidders
FROM: Brenda Brilhart, Purchasing Agent
SUBJECT: Addendum #2: Bid # 08-5135 - Bridge Repairs (Chokoloskee, Goodland,
Green Boulevard and Oil Well Road)
Addendum # 2 covers the following change for the above-referenced Bid:
Question 1:
The specifications called for a 6" thick filter point mat to be used around the bridge piles and in the
plans it is calling for a 6" filter point mat. This has caused some confusion, a 6" thick filter point
has filter points spaced 10" on center. Where a mat with 6" filter point spacing is not made. I did
see where the county has stated that a 8" filter point mat will be accepted, the 8" filter point mat in
only 4" thick. I would like to know which of the following products will the county accept for this
project:
FP400 0= 4" thick / 8" filter point spacing
or
FP600 0= 6" thick /10" filter point spacing
Answer: A 6" thick mat is required. The 10" filter point spacing (FP600) will be acceptable.
Question 2:
The specifications for the Articulating Block Mat call for a 6" thick block that has a block size of 30"
x 30". The 6" thick Articulating Block Mat has a block size of 20" x 20" and the 12" thick
Articulating Block Mat is 30" x 30". I would like to know which of the following products will the
county accept for this project:
AB600 0= 6" thick / block size 20" x 20"
or
AB12000= 12" thick / block size 30" x 30"
16B 8
BID 08-5116 Addendum #1
Answer: A 6" thick mat is required. The 20" x 20" (AB600) will be acceptable.
Question 3:
The specifications for the Chokoloskee Bridge calls for the IECS Cable Concrete Articulating
Block Mats, but does not specify what thickness or if the blocks need to be a closed or open cell
system. Please specify what thickness and system the county will accept for this project.
Answer: The articulating block shall be Contech Armorflex 30s or an engineer approved
equal. This is an open cell block with a Nominal Depth of 4.75 inches.
You can find Contech's Armorflex brochure at:
http://www.contech-cpj.com/media/assets/assetlfile name/54/ ARMORTEC ArmorFlex2. pdf
You can find Contech's Armorflex specifications at:
http://www.contech-
cpi.com/media/assets/assetlfile name/4913/ArmorFlex 305 General 5pec.rtf
Question 4:
What type of Plastic Filter Fabric is to be used under the Articulating Block Mat?
Answer: The filter fabric requirement's are outlined in the Armorflex specification
mentioned in the answer to Question 3 above. Contech's Armorflex representative (Dave
Ziggler, 407-810-4935) recommends using Geotex 2x2 HF,
If you require additional information please call me at 239/252~8446 or bye-mail at
brendabrilhart@colliergov.net.
cc: Marlene Messam Project Manager
2
168 8
~ COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL
ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING
NAPLES, FLORIDA 34112
(239) 252~8446
www.colliergov.net/purchasing
ADDENDUM
DATE: October 28,2008
TO: Interested Bidders
FROM: Brenda Brilhart, Purchasing Agent
SUBJECT: Addendum #3: Bid # 08-5135 - Bridge Repairs (Chokoloskee, Goodland,
Green Boulevard and Oil Well Road)
Addendum # 3 covers the following change for the above-referenced Bid:
The due date for this bid has been changed to NovemberS, 2008 at 2:30 p.m.
If you require additional information please call me at 239/252-8446 or bye-mail at
brendabrilhart@colliergov.net.
cc: Marlene Messam Project Manager
16B 8
~ COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL
ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING
NAPLES, FLORIDA 34112
(239) 252-8446
www.co1liergov.net/purchasing
ADDENDUM
DATE: October 28, 2008
TO: Interested Bidders
FROM: Brenda Brilhart, Purchasing Agent
SUBJECT: Addendum #4: Bid # 08-5135 - Bridge Repairs (Chokoloskee, Goodland,
Green Boulevard and Oil Well Road)
Addendum #43 covers the following change for the above-referenced Bid:
REPLACE: Chokoloskee Signed and Sealed Plans - changes include the following:
1. On Sheet 4: Concrete pavement detail, changed 4" concrete pavement to articulated block.
2. Sheet 4: Concrete finish coating detail, added railing to the limits of finish coating.
3. On Sheet 6: Regrade slopes note 2, removed note since it is included in note 3 of the adjacent
section.
4. Moved from sheet 6 to sheet 8: Seawall repair and slope protection repair items.
5. On Sheet 6: Added carbon fiber repair, bridge railing repair, and legend notes.
6. On sheet 6, Removed "replace existing rip-rap with International Erosion Control Systems'
"Cable Concrete" or engineer approved equal". It was our intent to replace this material with
Contech Armorflex 30s or engineer approved equal. Both IECS CC35 and Shoretec BD-4000c are
also acceptable choices for the slope protection repair.
7. On sheet 8: Added expansion joint, bridge railing, and guardrail repair item notes. It is our intent
that replacing and resetting the hazard markers is included in the cost of the guardrail repairs.
QUESTIONS & ASNWERS:
Q: The filter fabric used under the articulating block mats is calling for Geotex 2x2HF, I would
like to know if Mirafi FW404 will be an approved equal and I would also like to know if this
fabric is to used be under the Articulating Block Mats and the AB600 mat or will another
168 8
product be required under the AB600 mat and if so please specify what filter fabric is to used
under the AB600 mat?
A: The filter fabric used under the grout-injected fabric-formed articulating mat used on
Bridges 034014, 030153 and 030154 shall meet the requirements of Section 985 of FOOT
Standard Specifications for Road and Bridge Construction and FOOT Standard Index
199.
Q: In the plan details for the Chokoloskee Bay Bridge Repair, page number 6 listed under the
slope protection repair notes it says to replace existing concrete slope pavement with
International Erosion Control Systems Cable Concrete or engineer approved equal. I see that
the county has now approved through the answer question section the Armorflex 30s as an
equal, I would like for you clarify that the IECS Cable Concrete CC 35 Open Cell Articulating
Block Mats that was originally specified on this project is also acceptable
A: Yes; the IECS Cable Concrete CC 35 Open Cell Articulating Block Mats are also
acceptable.
Q: What is the approximate minimum and maximum rate of flow at each bridge?
A: The following maximum velocities were obtained from the FOOT Bridge Scour
Reports and are based on the overtopping event:
Bridge 034014 3.6 fps
Bridge 030153 8.7 fps
Bridge 030154 9.3 fps
We were unable to obtain minimum velocities.
If you require additional information please call me at 239/252-8446 or bye-mail at
brendabrilhart@colliergov.net.
cc: Marlene Messam Project Manager
Encs: Project Photos
Pre-Bid Sign In Sheets
Pre-Bid Recording
Approved Product List
Signed & Sealed Plans
2
168 8
APPROVED PRODUCTS LIST - BID 08-5135
List of aooroved oroducts for Bridl!:es 034014. 030153. and 030154:
1. Filter Point Mat for pile armoring to be 6" thick grout-injected fabric-formed mat as
manufactured by:
a. Hydrotex
b. Fabriform
c. Any product meeting requirements ofTechnical Specification 530.78
2. Articulating Block Mat to be 6" thick grout-injected fabric-formed mat as manufactured by:
a. Hydrotex
b. Fabriform
c. Any product meeting requirements ofTechnicai Specification 530.78
3. Filter Fabric shall meet the requirements of Section 985 of FOOT Standard Specifications for
Road and Bridge Construction. This section also refers to Standard Index 199.
List of aooroved oroducts for Bridl!:es 030161:
1. Armorflex 30s, IECS CC3S. and Shoretec BD-4000c are all acceptable choices for the
slope protection repair on the Chololoskee Bridge.
2. Geotex 2x2 HF and Mirafi FW404 filter fabric are acceptable for use under the
articulating block slope protection repair on the Chokoloskee Bridge.
3. Filter fabric shall meet the requirements of Section 985 of the FOOT Standard
Specifications for Road and Bridge Construction. and FDOT Standard Index 199.
1lpage
168 8
CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Bri~ge Repairs
(Chokoloskee, Goodland, Green Boulevard and Oil Well Road)
BID NO. 08.5135
Full Name of BidderKelly Brothers,lnc.
Main BusIhess Address 15775 Pine Ridge Rd. Felt Myer'S, FL 33908
Place of Busi ness Satne as Main Busines" Address
Telephone No. 239/482-7300
State COhtractor's License #GGC062389
Fax No, 2391482.8014
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
(hereinafter called the Owner)
The undersigned, as Bidder declares that the only Person or parties interested in this
Bid as principals are those named herein, that this Bid is submitted without collusion
with any other person, firm or corporation; that it has carefully examined the location of
the proposed Work, the proposed form of Agreement and all other Contract Documents
and Bo Ms, and the Contract Drawings and Specifications.
Bidder propOSeS, and agrees if this Bid is accept(ld, Bidder will execute the Agreement
included in the Bidding Documents, to provide all necessary maGhinery, tools,
apparatus and other means of construction, including utility and transportation services
necessary to do all the Work, and furnish all the materials and equipment specified or
referred to in the Contract Documents in the manner and time herein prescribed and
according to the requirements of the Owner as therein set forth, furnish the Contractor's
Bonds and Insurance specified in the General Conditions of the ContraGt, and to qo all
other things required of the Contractor by the Contract Documents, and that it will take
full payment the sumS set forth in the following Bid Schedule:
NOTE: If you chOOSE! to bid, please submit an ORIGINAL and ONE COpy of your
bid pages.
(JUt
GG-P-(
168 8
BID SCHEDULE
Bridge Repairs
(Chokoloskee, Goodland, Green Boulevard and Oil Well Road)
Bid No. 08-5135
Bid Scheduled Provided Under Separate File
If not submitting bid electronically, submit excel file on CD ROM.
Each bridge project will be awarded to the lowest,
responsive and qualified bidder.
GC-P-2
168 8
MATERIAL MANUFACTURERS
The Bidder is required to state below, material manufacturers it proposes to util.iie on
this project No change will be allowed after submittal of Bid. If substitute material
proposed and listed belOW is not approved by Engineer. Bidder .shall furnish the
manufacturer named in the. specification. Acceptance of this Bid does not constitute
acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR
BID WILL BE. DEEMED NON-RESPONSIVE.
MATERIAL
MANUFACTURER
1.
Repair Epoxy
BASF
2.
3.
Concrete.
Schwab Ready Mix, Inc.
Pile Jackets
Five Star Products
4.
5.
BY:
Dated 11104/08
Cresente Bautista
GC-P-3
168 8
LIST OF SUBCONTRACTORS
The undersigned s(ates that the following is a full and complete list of the proposed
Subcontractors it intends to use on this Project with respect to the categories of work
id\lOtified b(llow, and that such list will not be added to nor altered without the pripr
written conse.nt of the Project Manager: The undersigned further acknowledges its
responsibility for ensuring thanhe Subcontractors listed herein are "qualified" (as
defined in Ordinance 87"25 and Section 15 of Instructions 10 Bidders) and meel all legal
requirements applicable to and necessitated by the Contract Documents,lncluding, but
not limited to Proper licenses, certifications, registrations and insurance coverage, The
Owner reserves the right to disqualify any Bidder who includes non-compliant Or non-
qualified Subcontractors in its bid offer, Further, the Owner may direct the Successful
Bidder to remove/replace any Subcontractor, at no additional cost to Owner, Which is
found to be non-compliant with this requirement either before or after the issuance of
the}\ward of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE
DEEMED NON-RESPONSIVE. (Attach additional sheets as needed). Further, the
undersigned acknowledges and agrees that promptly after the Award of Contract, and in
accordance wi.th the requirements. of the Contract Documents, the Successful Bidder
shall identify all Subcontrqc(ors it intends to use on the Project. The undersigned
further agrees that all Subcontractors subsequently identified for any portion of work on
this PrOject must be qualified as noted above.
Cateaorv ofWorl<
Subcontractor and Address
1.
Articulating Block Material
TelTa Firma ElwifOnInental
2.
3.
4.
5.
BY:
Cresente Bautista
Dated 11/04/08
GC,P,4
168 8
STATEMENT OF EXPERIENCE OF BIDDER
The Bidder is required to state below what work of similar magnitude completed within
the. last five years is a judge of its experience, skill and business standing and of its
ability to conduct the work as completely and as rapidly as required under the terms of
the Agreement.
Proiect and Location
Reference
1.
Sanibel Causeway Bridge; Fender Syslcin andScawall
Liz Howard - 239/633-8363
2.
Golden Rod Bridge in Marco I.lalld, FL
Jason Williams - 239/389,(;018
3.
Winlerbeti'y Ilridge in Marco tslaI1d, FL
Paul Carrol, 239/939-141.4
4.
Kosinski Bri<lge Replacement ill Placida, FL
Scott Korpi - 813/996-2800
5.
Lantern Lakes Bridge in Naples, FL
Oeorge Archibald - 239/213-5003
6.
BY:
Creserite Bautista
Dated 11104108
GC,I'-S
TRENCH SAFETY ACT
168 t\:4;8
Bidder ackno.....leqges that includeq in the various items of the bid and in the TotalBiq
Price are costs for complying with the .Florida Trench Safety Act (90~96, Laws of Florid;:l).
effective October 1, 199.0. The Bidder further identifieS the cost to be summarized
below:
Trench Safety
Measure
(Description)
1 , Sleel slleel pHe.
2.
3.
4.
5.
Units of
Measure
(LF,SY)
SF
Unit
(Quantity)
Unit
Cost
Extended
Cost
4,2~0.OQ
Failure to complete the above may result in the Bid being declared non-responsive.
Dated 1 li04/Q6
250
17.00
TOTAL
$4,250.00
BY;
GC.P.6
CresenteBautista
168 8
(i).~
.. .. .
'". . '
AFFIDAViT FOR CLAIMING STATUS AS A LOCAL BUSINESS
ITB#:08-5135 Bridge Repairs
(Chokoloskee, Goodland, Green Boulevard and Oil Well Road)
STATE OF FLORIDA and the COUNTY OF COLLIER
BIDDE;R AFFIRMS THAT IT IS A LOCAL BUSINESS AS DEFINED BY THE
PURCHASING POLlCY OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS AND THE REGULATIONS THERETO.
AS OEFINED IN SECTION X1 OF THE COlLIER COUNTY PURCHASING POLlCY;
"Local Susiness" means a CollierCountv businesS that has a valid occupational
license issued bv Collier County at least one year prior to bid or proposal
submission to do business within Collier County that authorizes the business to provide
the commodities or s~rviceli to be purchased, a.nq a. physical business address located
within the limits of Collier County from which the vendor operates or performs business.
Post Office Boxes are not verifiable and shall not by used for the purpose of
establishing said physiC<:l1 address. In addition to the foregoing, a vendor shall not be
considered a "local business" unless it contributes to the economic development and
well-being of Collier County in a verifiable and measurable way. This may include, but
not be limited to. the retention and expansion of employment opportunities, the support
and incre<:lse. to the County'S tax base. and residency of emploY13es and principals of the
business within Colli~r County, Vendors shall affirrn 111 writing their compliance with the
foregoing at the time of submitting their bid or proposal to be eligible for consideration
as a "local bl.Jsiness" under this section. A vendorwho misrepresents the Local
Preference status of its firm in a proposal or bid submitted to the County will lose the
privilege t6 claim Local Preferflnce status for a period of up to one year.
Please providfl the following information for the Bidder:
Year Business Established in Collier County: N/A
Number of Employees (Including Owner(s) or Corporate Officers):N/A
Number of Employees Living in Collier County (Including Owner(s) or Corporate
Officers): NlA
~
GC,P,7
16 B'~8
If requested by the County, bidder Will be reqllired ,to provide documentation
sl,JlJstantiating the inform lion given in this affidavit. Faill,Jre to do so will resl,Jlt in
bidder's sl,JbmissiO 'ng . eemed not applicable.
Kelly Brothenl,ln
Bidde
N/A
Signature
N/A
Title
STATE oR FLORIDA
CQUNTY OF COLLIER
Sworn 10 and Subscriped Before Me, a Notary Public, for the above Stat13 and County,
on this N/A Day ofN/A ,20N/A
N/A
Notary Public
My. Commission Expires: N/A
(AFFIX OFFICIAL SEAL)
CS0-
GC-p,g
168 8
Upon notification that its Bid has been awarded. the Sqccessful Bidder will execute the
Agreement form attached to the Bidding Documents within ten (to) calendar days and
deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contra.ct
Documents. The bid security attached is to become the property of the Own.er in the
event the Agreement, Ins.urance Certificates and .Bonds are flot executed and delivered
to Owner within the tirne above set forth, as liquidated darnages, for the delay and
additional expense to the Owner, it being recognized that. since time is of the essence.
Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to
QWnerthe require<iAgreement. Insurance Certificates and Bonds witpin therequired
time period. In the event of such failure, the total amol.Jnt of Owner's damages, will be
difficult, if not impossible, to definitely ascertain and ql.Jantify, It is hereby agreed that it
is appropriate and fair that OWner receive liquidated damages from the Successful
Bidder in the. event it fails to execute and deliver the Agreement, Insurance Certificates,
and Bonds as required hereunder. The Successfld Bidder herebY expressly waives and
relinquishes any right which it may have to seeRto characterize the above noted
liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of Owner's actual damages at the time of bidding if the Successful
Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in
a timely rnanner.
Upon receipt of the Notice of Award, the undersigned proposes to commence work at
the site within 5 calendar days from the commencement date stipulated in the written
Notice to Proceed unless the project Manager, in writing, subsequently notifies the
Contractor of a modified (later) commencement datEi. The undersigned further agrees to
substantially complete all work covered by this Bid per project site within conseGutive
calendar days in the table below. computed by excluding the commencernent date and
including the last daY of such period, and to be fully completed to the point of final
acceptance by the Owner Within consecutive calendar days specified in table below
after Substantial Completion, computed by excluding commencement date and
including the last day of such period.
Project Days Days Final Total
Substantial Completion Days
Completion
Chokoloskee 85 15 100
Green Boulevard 65 10 75
Gbodland 90/100 20/20 110/120
Oil Well Road 100 15 115
~
GC-P-9
16Bf~8
Respectfully Submitted ~
State of Florid.
County of Lee
CresenleBautislll .. . . . being first duly sworn on
oath deposes and says that the Bidderontha above Bid is organize(i as indicated anc:l
that all statements herein made are mada on behalf of such Bidder and that this
deponenUs authorized to make them.
Cresenie Bautista. . .' . .. . . .' . . also deposes and says
that ithasexaminedand carefully prepared its Bid from the Bidding Documents.
including the Contract Drawings and Specifications and has checked the sarna in dE'ltail
before SUbmitting this Bid; that the statements contained herein are true '1nd correct.
(a) Corporation
The BiddE'lr is a corporation organized and existing under the laws of the State of
operates
under the legal name of
. and the full names of its
florida ) which
Kelly Brotllers, In~.
offigers are as follows:
Ptesidehtpaimy Kelly
SecretatyUanoy Kelly
TreasurerDal1ll}'](e1ly
Managercresente Bautista - Vice President
The Vice President is aulhorizE'ld to sign construction bids
and. contracts for the comp!inY by action of its Board of DirectorS taken
August 17,2005 ." ..' ,a certified copy of whiCh is heretoattacned (strike
out this last sentence if not applic'1ble).
(b) Co-Partnership
The Bidder is a co-partnership consisting of individual partners whose fulll1al11es are as
follows:
N/A.
N/A
CM1
ac-p,lO
168 8
The co-partnership <;Ioes bUsiness un<;ler the legal name of:
NlA
(c) Individual
The BiddeCis anindividua! whose fl!lI name is NIA
and if operating under a trade name. said trade name is NIA
Kelly Brothers, Inc.
legal entity
BY:
Vice President
Title
STATE OF FIQrida
COUNTY OF Lee
The foreg(}ing instrument waS acknClwledged before me this 28th day of October
2008. byCresenteBautista ,as' Vice President
of KellyBrothel1l,l1rc. ,a Florida corporation, on
behalf of the corporation. He/she is personallY known to me or has produced
personally k110wrt tome as identification
and did (did Mt) taRe an oath.
My C(}mmlsslon Expires:
NAME:
( ignature of Noary
;j,~+hef J./O'j /u nd
(Legibly Printed) .
(AFFIX OFFICIAL SEAL)
~-------HEA1HER HAGLUI~O
~~l MY C.dMMISSIO.N #00643646
, EXPIRES: fEa 25, 1011
~~8onded'\hroUghl"Stat'lnsurance
Notary Public, State of Florida
Commission No.: DCJ..c1.:\3tbYpj
OC-P-II
168
8
Occ 24 De 12.151"
KELLY Brochers Inc.
23s~4e2-8014
1'.3
BID BOND
KNOW ALL MEN BY THESE PRE:.SENTS, that we KELLY BROTHERS. INC.
,(fU'lIJ (hereinafter called the Princip@and
Tra.velers Casualty and Surety Company of America '
(herein called the Surety), a corporation chartered and (lXistlng Ul'lder the laws of the
State of Connecticut . with i\S principal offices in the city of Hartford
and authori<:ed to ,do business In the State of Florida are held and
firmly bO,und unto the Collier Countv
(hereinafter called the Owner). in the: full and just sum of
Five Percent of Alllount Bid . dollars ($ 'it: of Bid ..' )
gOOd and lawful m~mey of the United Slates of America. to be paid upon demand of the
Owner. to. which payment well and truly to bEl made, the Principal and the Surely bind
themselves. their hell'$. <lnd execulors. administrators. and assigns, jointly and severally
and firmly by these presents.
Whereas, the Principal Is. about 10 submit. or has submitted to the Owner, a Sid for
furnishing all labor.. materials, equipment and Incident<;lIS necessary to furnish, install.
and fully compl~te the Work on the project known as :
Bridge R~pairs
(Chql<oloskce, ~oodlalld. Green Soulo\lard and Oil Well Road)
Bid No. Q8-5135
NOW, THEREFORE. if the Owner shall accept the Bid qf the PRINCIPAL and the
PRINCIPAL shall enter into the required Agreement with the Owner and within ten dayS
after the date of a written Notice of Award In accord(lnce with the terms of such Bld,and
give such Qond or bonds In an amount of 100% the total contract Amount as specified in
the Bidding Documents or Contract Documents with good and sufficient surety for the
faithful perfol'lT1ance of the Agreement and for the prompt payment of labor, materla.ls and
supplies furnished ih the prosecution thereof or, in the event of the failure of the
- .
PRINCIPAL to enter into such Agre:ement or to give such bond or bonds. and deliver to
Oymer the required certificates of insuranc~, if the PRINCIPAL shall pay to the Oar..IGE:E
the fixed sum of $ .5% of aid noted above as liquidated damages. and not as a
penalty, as provided In the Bidding Documents, than this oblig<ltion shall,be null and void,
otherwise to remain In full force and effect,
GC-P,12.
Dot 24 08 12:1Sp
KELLY Brothers Ino.
239-482-8014
168 8
p.4
IN TES. TIMONY Thereof, the Principal and Surety have callsed thes~pr~ser\ts~o
~ :.... ., . . '.' ..., :. .' . . , .. .... .:. ~ " "-', ':- ' .-, .
be duly signed artdsealed t is 29th day of October . 200~,',". "'.' ' '.
BY'
Charles J. Nelson. Attorney In Fact
COlJnterslgned
Princip~l . '
,~. /. ','
(S.~al)
Surety
($eal)
Charles J'. Nielson
Local Resident Producing Agellt for Nielson. Alter & Associates
GC,P-13
16 B~8
--..
TRAVELERSJ
WARNING: THIS POWER OF ATTORNeY IS INVALID WITHOUT THE RED BORDER
rOWER OF ATTORNEY
Farmington Ca'suaU,)' Compan~'
FldeUty 31id Guaranty Insurance COnlpall)'
Fldcllly and Guaranty Insurance Underwriters, Inc.
Seaboard Surer)' Corllpany
St', Paul Fire,and J\Iarlne InsUrance COmplUl)'
St, Paul Guardian [1_ISurtmCe Company
Sf. Paul Mercury Insurance Company
Tra\'cJcrs CaSut'lU,r and SurdfCompan,'
'fnweIcrs Casunltr alid Silftt)' COnll)a1ij' of AlUtrict!
United Stales Fidelity and Guarnnl)' COllllJanr
AUorlle~'.In Fact No.
219140
c",m",.No. 00 2 4- 81222
KNOW AU. MEN BY THESE PRES1!:N"tS; ThaI St'abOard Surety Company is 11 cOfj:io~l.lliorldtl]Y otghnii~d <<Iider the laws or the Stale:-JJr Nb\. York. lhrit BL Paill
Fire nnd Matinclustlrance Compan)>, Sl.'PaulGuardianJm;tlrllnce Comp<my and St. Paul Mercury IiNI...\IlC~ Comp"'l)' are corpomlions dlil)' organiied under 1~1t; laws.
of theStiitt:' Of Mii'inesohif thai Friri11iiiglon Cllstililt)' Company, Tnwcler.$ Cn$ualtyand Surety C\lll,pnl1y.and Travelers Casualty and Surety CompimfofAmei"ka are
corpornli'onsduly orgilnized under the laws of the Slaleof Connecticut. ,1h~11 Unitcq Stales:, FiJclil)' alldGVUl1lUty Company IS 11 eorpol1llion duly (lrgunilccllllld~r Lhe
la\"s, of the SUite of r-.taryland, that FidelitY, arid GuaranI)' Ij)SLII':.lilCt~ Company is. ilcoqic)raltOll'dl1ly org_3niiccl,l'nder the'laws oFthe Slit\(" of 1'0\\':\, <'lndthnl Fillelitynnd
dLlarrmty_lus:urance, UndeIWriLe[S~Jlle,js a CQrpordtiQII'{IU[y ofgllllized under Ih~ Jaw$ of Ihe Slate: of Wl$('OIl'Sin (hereillcollecth"dy called 1he "Com"'\Ili~"). alld Ih:ll
the Coiilptmies. do hereby 1113ke.; constitutearidnppoinl
Charles D. Nielson, Charles J, Nielson, Mal)' C, Aceves,Wauen M, Aller, Davld A.Hoover, (;ileal/a Pajari. Olga Igle$ias~ and Gloria McClure
of the City of Miami Lakes 4 Sr,iieof Florida ,their lruealld Iilwfill AmjmC):(~)~in-F;lct
each illlh.e~r sep.'\raie capacity ifmorelhan one hnamed' ~bQ\'e, IQ sign, execute, seal "nd-~ck,'owlcdge nnrantl,.11 bqnd$. rt=CQgllil:U1CC~, cOllJiiiolwl.onJCI1:lkhi~"~.nlld
olller writing~ obli~:llory inlhe ll':'llure thereOIOll behalf OJ Ihe Ctimp.Lnie~ jn thdrbusil1ess" orJ~tlitralllc6ng the fiddity ofpcrl'olls"gu<lrontceing Ihe perl'onn:llll:c of
contl1lcls,nnd ex.ecuting or guumnteeingpQnds' und lllldertllkillg~ required or pcnllil1ed in llllY 9"hi()ll~ or.p:il;tceeding~ ,dlowcd by 1:11'1.
,"-," ",]...-,' ""',
11th
','ii,_
IN,WI~"~~r'J~IEJU~OF, the Comp~5'OdULve cau$cd IhisillS~?\~l~:!)itd'~c, ~i~lIid
day of .. . . . ~. '\ '',; ~ ,(~,"~:\'~~'
"t-'
Farmingta." Casualty Com'p'1\,I;}'"" .,.::!,\\
Fidellt}' and Guaran,y)rh~ul'ancc~Co~\lIHm,;.t_.!
Fidelity andGmtri'uitylnsu~a'l\ce)'(jlld{'rw~:il~rs, Inc.
Staboard Surttt COI'npnn}'
Sf. Paul Fire and' i\lnrineIIlSllr:Lltce COll1)ll1ny
SCills to he herelo'nflixed, Ihi~
$1. Plml Guardian Insunllll"t' Cnl\lpml~"
Sl~ Paill ~Iel'tbr}' JnsurnilC"cCu'mpililY
Tm,.clers Casually and Stm.,'ly Company
Ha,'c1efs Cnsuully 3ndSlll'Cly COltlplll1~!or Ati.lerkll
Unile(1 Slates l"i{lelil)' and Guonmtr eCIIIl])lln)'
~.~
.. \\~l 6-
, .
~i~.'l
~~c
~"~'
..,,~j~~"~"~'~~*.\~+"
~"i"~~:"')~
\~E}l;.I;~!
;,,~_~W
,,;;:7
~i~)
S;,'?j)
~...
Strite of Connecticut
City of Hnnford SS,
By'
11th March 20011
On ,his the dnr of I . .., before me pcr$on:tlly appearedGeorgeWTholllp"~on, whOil(.'kIl9,vlea~ed'hitriself
to be the Senior Vice Presidellt ofFarmingtotl Casualty Comrany. Fidt'lity llild Guaranty JilsLIl'ullte Company. Fidelit'y and GllUr:ullyTnsllr.mce Underwritl'rs. lilt\.
Seabomd Surcly Company,' 51. Paul Fire: lInd l\1flrine Insul1U1ce ComplIny. SI. P,llll Gllardlnn"ll~uralwc Camp.my, SL P:ml :\'lcrcmy Jn~ur:tl1ce Comp;l1lY: Twve!er:;.
C.,sllillrj' and Surety COnll'imy, Trn\"elers Ca~lIal1y andSurcl)' Coillpony arAil\erictl~ nnd UnilttJ Stilte" Fidelity nnd Gllar.\llty COinplm)', aildlhttl he; :15 !>lIch, bcillg.
nulflorized so to dO,exccLltC'd the foregoing imlwmell1 for llle purposes lherein conlt1iued bysiglling on belmlfoflhe corpomlions hy hilllSdf liS a duly llutlJorizfd anicer.
In Witness Whereof, I hercunt(\s~tl1lY hand and onidal seal.
M)' Commission expireslhe 30th day of Jllnc, 2011.
'tf\w c. j~
'-:'Ibrio: C Tt-li"e~'lI]l, No(~r)'PllNic
58440~5-07 PrInted In U.s;A.
WARNtN : THI P W R F ATTORNEY 15 t VA 10 WITH
H A BORD-R
168 8
G:
p
R F ATIORNEY IS INVALID WITHOU THE RED BORDER
Tors Power of Attomey is granted under and by the authority of the followin,g resolutions adopted by lhe Boards ofDireclors of :Fannington Casualty Company. Fidelity
and Guaranty Insuranc;e Company, Fidelity and Guaranty Insurance Underwriters. Inc.. $eaboard Surety Company. St. Paul Fire Bnd Marine Insurance CompanYi
51. Paul Guardian Insurance Company, St. Paul Mercury [nsuranceCo~pany. Travelers Casualty and Surety COrnpan!i, Travelers Casualty and Surety Company of
America. and United States Fidelity and Guaranty Company. which resolutions are now in full force and effect. reading as follows:
RESOLVED,. that the Chairman,_ the President. any Vice Chairman. any Executive Vice President, any Senior Vice President. any Vice President, any SecOIid Vice
:Pr~_siden,l, tbe Treasurer, _any Assistant Treasurer, the_Corporate Secretary or any AssistantSeeretliry may appoint Attorneys-in.Pact and Agents to ,act for and Qn be,half
of the Company and may give such appclinlee such Buthority as his or her certificate of ambonty may prescribe to sign with tbe Company's name and seat with the
Coinpany'ssc:al bondS; recognizances, conlract!i of indemnity, and other writings obligatory in the -nature of a bond, recognizance, or conditional undertaking, and Bny
ofsald officers ortbe Board of Direct6Is atany time inay remove any such appointee and revoke the power given him or ber; and it is
FURTIIERRESOLVED;; Ihat t11~ Chairman. the President, any Vi~ C'hainnan, any Executllle Vice President, any Senior Vice President or any Vfce E'residentmay
delegate aUor any part of Ihe foregoing authorilY 10 one or more officers or employees of this Company, provided that each such delegation is in writing aJ)d a copy
thereof is filed in the office of the Secretary; and it is
FURTHER ,'RESOLVED, thai an)' bond, ;ecogrtiUIO~e. contract of indemnity, or writing :obllgalory in the_ nature of a bond. recogni:zariC~ or condiiionai ulld_e~ng
shall bc,vaUd and bInding upon the Company when,(a)'signed by the President., any Vice Chairman. Bny ExecutiveVice President, any Senior Vice Presi~ent or any Vice
Presidenf, any Second Vice Presidenl, the Treasurer, an)' Assistant Tre.asurer~ the Corporate Secretary or any Assistant Secretary and dul)'~ttestetlantl s~aIed with ,the
Compally's,seal by a Secretary or AsSistant Secretary; or (b) duly executed (under scali if required) by one or more Attorneys-in-Fact and AgentspurSuint to the,power
prescribed in his at her certificate or their certificates of authOrity at by one or more Company officers purs'uant to a wnuendelegalion of authority; and it is'
FtJkTHER R~OLVED, thai the signalure of e,ach of the ~oll~win,g officers; PresideJ!.t, any Executive Vice President, ~ny Senior Vice President, anyVicePresitIei1t,
any Assistanl Vice President, any Secretary, any Assistant Secretary, nnd the seal orthe Company may be affixed by racsjmil~ to any power of attorney or to. any certificate
relating ,hereto . ft~pointing Reside!"!t Vice Presidents; Rdident Assistant Secretaries or AUomeys.ln~FlIC;1 for purpo~es only of executing: and a[te~t[pg b?nds and
ul1denaking$andother writingsobligatoryin the nature thereof, and any sueh power of attorney or certificate bearing such facsimile signa,ture or facsimile seal sh~l be
vatitland binding upon tl:lc Company and any such poweno executed and certified by such facsimile signature and facsimile seal shall be, ~lid llnd binding on the
Company in Ihe futUre with respectloany bond Qr understanding 10 which it is att'ached.
I" Karl M. Johansonj the undersigned. AssistantSecret\kry, ofFannington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and GUararity Insurance
Underwriters, Inc., Seaboard Surety Ci.mipimy. 51. Paul Fire and Marine Insurance ~mpanYi.St.' Paul GUardian Irisurance Company, St. Paul Mercury Insurance
Company, Travelers Casualty and Surety~omplUly,Trnvelers Casualty and Surctt~~mpimy. of'~merlcal a~d United Stales fidelity and Guaranty Company do hereby
certify Ihat the above and foregoing is a ttucnnd c'orrect cop)' of the Power Qf;~1t'o'?ney e~ec~t~lby,sal~Companies., which is in full force and eCfect and bas not been
revo'ked .... .. ... \'\"','\~"';'iL: lii,'.\Y
, .. ~',1\l" I '";~ \
{It;!,~ t',
., \; ;,':"j ,,: '\.;;'!^
IN TESTIMONY WHEREOF. I have hereunto set my hand ~~d ,~,tfi~ea t~;i1:~I~ o~;~t ~oifipanies this 29 th day of
. ~
October
.20 08,
@)
To' verify the authenticity of Ihis power oIAI,torney. call 1-800-421+3880 or contaclUS at www.travelersbond.com. Please refer fotheAttoriley,fu~Fac( number, the
above-named iiKIividuaTs and the delails of lhebond to whieh the power is attached.
WARNING: THIS POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER
16B 8
TH(S SHEET MUST BE SIGNED BY VENDOR
BOARD OF COUNTYCOMM($$IONERS
COLLIER COUNTY, FLORIDA
Purchasing Department
BID[)EItS CHeCK LIST
IMPORTANT: Please read carefully, sign in lhe sllaces indicated and return witlt
your'llld. .
Bidder should check off each ofthe following items as the necessary action is completed:
The Bid has beeruigned. .
The Bid prices offered have been reviewed.
The price.extensjbri~andtotals have p(len checked.
The payment terms have been Indicated.
Any required draWings, descriptive literature. elc. have been included.
AnY de.Jiv.e.ry informatlon.re.q.( uirediSinC!Ud.ed.
Local Vendor PreferenceAfffdavlt GOmpleted.
If required, the amount o(Bld bond. has been Checked, and the Brdbond or
cashiers check has been included.
Any addenda have been signedandinch,lded.
The mailing envelope has been addressed to:
Purqhasing Dir(lctor .'
Collier County Government Center
Purchasing Building
3301 Tamiaml Trail, .East
NaplEls, Florida 34112
11. The mailing envelope must be sealed and marked with:
<'Bid. Number;
<'Project Name;
<'Oi>ening Datll.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
12. The Bid will be mailed or delivered in time to be received no hOlter than the
specified ol'lenlnQ date and time. (Otherwise Bid cannot be considered.)
ALL COUItIER.DELIVERED BIDS MUST' HAVE THE BID NUMBER
AND PROJECT NAME ON THE OUTSIDE OF THE COORIERPACKET
DATE: 11/04/08
GC-P"14
16B 8
Knott, Consoer, Ebelirri
Hart & Swett, P.A.
A T TORN E Y S ' AT, L A IV
RECEIVED
AUG ~ 9 Z005
BY:
:' &a:rdOlilln,d Clvll-TiiJi, L:awy~t
.. Soud Cenifhd Rul:!tWeuWvff.
'" Bo~rdCcrl;fi~d:a..sI".enLlllprioll Law.ycr
1625 Hendry Street. 1'hitdFloOt (jJ90U
P.D; Bj)x 2449-
Fort Myers, Florida J~90Z-2449
Telephone (ZJ9) 334.Z722
Tdecdpiel' (239)334.2801
MaUhew.1);'Uhfe
A.t'Qlt~H~
[}err!ck_S. Ei~_aU$en
N'lltly TOft'es"A&arado
Dir6::t()tof
loning it'U!' La_od
U,se' 'PJan~ing
~li,had E. 1'.0<<1", AICP
Georp H. 1<nott .~
George 1;.._Co~et.:k"+
M~rkA. EbeHrli
'I1tomas B.:HlIrt
Ii. Andrew. Swett
GKnoll@knott-faw_com
August 26, 2005
Dl\nny Kelly, President
Kelly Brothers, Inc.
15775 Pille RidgeRMd
Fort Myers, FL 33908
RE: Kelly Brothers, Inc.
Dear Danny:
Please fInd enclosed the executed DirectOrs Action pertaining to the removal of Pat
Kreutzer from any corporate records which wasilladverlendy fo~arded to our office.
The original Directors Actidn should be placed ill the corporate book for Kelly Brothers,
Inc.
Cordially yours i
KNOTT, CONSOER, EBELINI.
HART & SWETT, P,A.
~.~
GHKlsdb
Enclosure
16~ 8
DIRECTORS ACTION
OF
KELLY BROTHERS, INe.
In accorda.nc~ with Florida Statutes, Sl:ctioo.607.0821, the under$igi1ed, o~itig the
$ole director of the corporation, takes the following action for the .corporation:
Thl.l followingofficer$ are l.l!ecte4 to $erve until the next anntial nieetlrtg of
directors and until their successors are chosen and qualified:
President;
Vice-President:
Secretary:
Treasurer:
Danny M. Kelly
Creseo.teBautista
DannyM, Kl.llly
Danny M. Kelly
M. Patricia Kreutzer is hereby removed as the 1:rusteeof the Schwao Kelly
BrothersJnc; 401K Psrp, AccotlJ1tNo. 90922197 andJob No,2711$37,3l\d
Cresente BautiSta shalt be the replacelllentTrustee of said account:
The actions taken by the corporation !IIld. its officers duriJIg the preceding year are
approved and ratified.
Dated: August L!Z. 2005
16B 8
Proj. Mgr.:Marlene Messam
Bid 08-5135
Bridge Repairs (Chokoloskee, Green Blvd. and Oil Well Road)
CHOKOLOSKEE NO. 030616
, ITENl,," ,,,,,,,,,,,,,' ",i> ......,.,,'''~ i,,"'''' ",'"", .i'.".",.".,,,,,.,,,,.,,, "',, UNIT' , QI'/:","' 'iUNIT PRIl:;E; TQTAi:;" PRICE
101-1 Mobilization LS 1 $ 24,500.00 $ 24,500.00
102-1 Maintenance of Traffic LS 1 $ 7,500.00 $ 7,500,00
104-11 Turbidity Barrier (Floating) LF 240 $ 12.50 $ 3,000.00
104-13-A Silt Fence LF 500 $ 1.52 $ 760.00
110-4 Removal of Existing Concrete Pavement SY 1,200 $ 22.00 $ 26,400.00
400-97 Cleaning and Finish Coating SF 4,800 $ 1.20 $ 5,760.00
400-135 Clean and Repair Cracks LF 700 $ 120.00 $ 84,000.00
401-70-2 Concrete Repairs: Patch Spalls, Delaminations and Honeycombed Concrete CF 60 $ 1,200.00 $ 72,000.00
405-70-5 Carbon Fiber Wrap SF 225 $ 25.00 $ 5,625.00
458-1 Replace Expansion Joint LF 300 $ 15.00 $ 4,500.00
530-78 Cable Concrete System SF 10,000 $ 9.50 $ . 95,000.00
536-1-14 Repair/Replace Barrier LF 350 $ 20.00 $ 7,000.00
536-1-2 Guardrail Bridge LF 80 $ 80.00 $ 6,400.00
706-3 Ratro-Reflective Pavement Markers LF 24 $ 18.50 $ 444.00
711-11-221 Thermoplastic Striping LF 850 $ 0.80 $ 680.00
TOTAL BASE; BID '"'''''''''''''+-''''''''''' .",'",.,.",'.i,,,',,i,,,,',"',,'.'ii"i'i","'"'''''' "',,,,,"',,",,i"."",,, '"',,.,,".i ..... ",.'"" .""",,,,,,,.i,,, ".'"". "'""""""",,, $ ~4~,S69,QQ
GOODLAND BRIDGE NO. 030184 DELETED PER ADDENDUM #1
101-1 MObilization LS 1 $ 8,500.00 $ 8,500.00
102-1 Maintenance of Traffic LS 1 $ 4,500.00 $ 4,500.00
104-11 Floating Turbidity Barrier LF 45 $ 12.00 $ 540.00
458~1-21 Bridge Deck Expansion Joint LF 85 $ 75.00 $ 6,375.00
530-78 Articulating Block Mat SY 462 $ 110.00 $ 50,820.00
9455-1 Pile Repair Each 4 $ 2.500.00 $ 10,000.00
TOTAL BASE I:lIU,",,", , """"",,'. .'.'.' ,"ii'i""""",',,,,,,,i,,, ."'"i,, ,,,,c. . i...i, "" [" .. ['",,,',,"""'" "". '."ii"...ii.......,,, '", i "'i"",i,,..'" ,$ .80;7'~S;QQ
GREEN BOULEVARD NO. 034014
101-1 Mobilization
102-1 Maintenance of Traffic
104-11 Floating Turbidity Barrier
401-70-4 Restore Spalled Areas
458-1-21 Bridge Deck Expansion Joint
530-78 Articulating Block Mat
9455-1 Pile Repair
TOTAL BASS BID
.....AWARD MAY BE MADE BASED ON THE TOTAL FOR ALL THREE PROJECTS.....
OIL WELL ROAD NO. 030153 & 030154
LS 1 $ 24,500.00 $
LS 1 $ 8,500.00 $
LF 171 $ 12.00 $
CF 12.4 $ 1,200.00 $
LF 90 $ 75.00 $
SY 2,346 $ 110.00 $
Each 13 $ 2,500.00 $
24,500.00
8,500.00
2,052.00
14,880.00
6,750.00
258,060.00
32,500.00
,,",,~47'.242.00
168 8
From: Gul(llhqreInsumnu-, Inc. To: Kristen. Page: 1/5 Date: lOJ28/l00sU:lOiJ6AM
~
GUtFSHORE
I NSlJ RANC E
FAX TRANSMISSION
To: Kristen
Fax: 4828014
From:
Jackie Pettis
O\tlfshore Insurance, Inc.
ph: 239-435-1475
Fax: 239-213.2838
Email: jpettis@gulf..hOl.einsurance.com
Subject:
Certilkate ofInsllrance
Message:
PU,ASB NOTE: Durihgperiod of Tropical StOlm activity, bli,ding reshietions ma'j />revel,t 14 from ohtaining
p,'opetty OJ' auto physical damage coverage on rhe desired effective date. \Ve may he unahle to hind YOUf cOli",'age until
after tl,. storm has passed.
4100 Gocdlette Rood North, Naples, Flortda 34103 G1I1fshoreInSlll'ouce.com 239.2613646 Fax 239.435.0598
Naples, Flolida Fort Myers, Flodela Marco Island, Florida
168 8
From: Gulfahore Irisurni1te, lac.
To: Kristcil
Pag" 2/5
Date' lQ/281200811JO,36 AM
CU."t#:6427'7 ,,,,, BR2
ACORD.. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMfDOIYYvY)
10/2812ooB
PRODUCER THIS CERTIFICATE IS ISSUED AS A !>lAlTER OF INFORMATION
G'Ulfshora Insurant::o, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
4100 Goodl.tt. Road N HOLDER. THIS CERTIFICATE DOES NOT A!>lEND, EXrENDOR
Naples, FL 301103 ,330:1 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
239 261-3646 . INSURERS AFFORDING COVERAGE NAIC#
INSURED lNSliRER Pi: National Liability & Fire
Kelly Brothers, Inc. INSUFtER13:-SeabriahtlnsursncG Co. .
15775 Pin. Rldg. Rd. lNSURERc:AmGrlsun~ Insurance CO,mpahv
Ft. My.,., FL 3390B iNSuRER 0;
INSuRER E;
COVERAGES
THE POLICIES OF rNSURANCE~ISiEO eELOW t'V\veeEEN iSSUED TO THEtNSUREo NAM!:[) ABOVe~OFl THE POLICY PERiOD INOICATECkNOlWrrHSTANDING
Mff m;Ql,.IIREMENT. TERM 9RCONorrpN: OFANVP()~RACT .QR_OTI:iER QOClJIAENTWrrH RESPECT to WHICH THIS CERTIFlcAi~ MAY 9E lSSUED OR
MAY PERTAIN,tHf:: INSU~N('J;A~f'O~OEQ eY:THE 'p~ICJE$ OESCRIBECi HEREIN IS sLBJI:CT TO AllTHE TERMS, EXCLUSIONS AND CONO'rr10NS OF sUCH
=ES. AGGREGATE LIMITS StlOWN MAY HAVE aEEN REDUCED aY PAID CLAIMS. POUCY EXPlRATON
iVPI: Of INSURANCe POllCVttl)M8ER P U Y EffECl1\1'E UMITS
A ~""IlALliA.lt.rrY LBNOiJ323 OB/Ol/08 OBI01109 EACH OCCURRENCE '1 DO" noo
1L ~MERClAL GENERAL LIABILITY OAMA?E o RfNTED '50 000
I- .-J. CLAIMS M"'OE [KJOCCtJR MEO ExP {Anyone paBllfll .5000
X SltlD Reoalrers leanl PERSONAL & ADv JfmlR'i II Don Don
X .salvors Leaal GENERAL AQORt::OATE, .2 000 '000
n~AGG~n:~I~lr APnS;~~ PRODUCTS. COMP!OP AGG .2 000000
POLICY PRO., lOC
C ~TOMOflILE UAlllUfV CAt 01590300 08l01l0B 08101/09 COM~INEO SNGlE lIMrT
~ /oIiY AUTO {E!ttli:;(;IIlOflI) .t,OOO,OOo
~ ALLoWNEDAuros BODilY INJURY
,
X SCHEDUlEO Auios IPlll'pC~l;Jl1)
HIRED AUTOS
~ aODllYINJURV ,
1L NQN.QWNED AUTOS {P....bcddlll1l)
PROFERTY DAMAGE ,
(Partltcldfllll)
i=F' ."."ITV AUTO aNt y. EAACCIDEnr .
I>J.lYAUTO OTHER THAN EAACC .
AUTOONL Yi "'. .
A =il:SsruM8REllA~aIUrY' LBN00324 OBI0110B 08101109 EACH OCCURRENCE .5000000
X OCCUR D ClA.!MSMADE AGGRE(;ATE .5000000
.
~~EDUCTIBlE .
X RfYENTION ,25000 .
B WQRKEIUl COtllPENSATIOr-lNtD 6BIOB04B9 OB/01108 08101/09 X I..~"STA.~~I IOJ~.
EMPLOYERS' UABllITY n. EAci1ACell':iENT .1 000000
ANy. PRCf'RlETORIPARTN'f RiexeCuriVE
OfFlcm,'MEMBE R EXCLUD EO? l:_l. DISEASE.. EAE!JPlOYEE .1 000,000
~E~!~~P~V~~oNS b15111l., E.l. DISEASE'. POUCY LIMiT .1 000,000
A OTHER Pl!.I/Jon.$ HBNOO06B OB101/0B o8/otlO~ $1,000,000
A Hull HE/NOO088 OB/01/0B 08/01/09 $1,100,000
A Eoulom.nl HBNIlOOSB OB/01/0B. 08101/09 $875 000
DI:S'CRIPTlON Of OPERATIONS IlocATIl:iNS iVEH1ClES I EXCt.USIONSADDED BY ENDORSEMEiNrt9PECIAL PROVISIONS
RE: Collier County Bridge Repair
ColljetCou'nty"",FI(irlda is Namod as AddltionallnsLlred on a primary basis' with Respects
to Gsn$ra-I Llablllty Only as noedad by contract, per endorsement #7; *30 days notlco of
cancellation, 9Kcept1 0 days for'nonpayment.
(See Attached Descriptions}
Collier County Government Conter
'. Purchasing Direct_or
3301 Tamlaml 1,all E
Napl.s, FL 34110
CANCELLAnON
SHOuufANY OflHEABOVE DESCRIBED FOLlCIES BE CANCEllED BEfORE TliE EXPIRATION
DATE THEREOf, THE lSSUlNG INSuRER WILL ENDEAVORTO....All. --=ao.. DAYS WRmEN
HOTICE TO THE CERTIfICATE HOLDER NAMED TO THE LEfT, SLIT fAlWRE TO 00 aOSHJ\.LL
CERTIFICATE HOLDER
ACORD 25 (21lOJ/08) t of 3
......
JPE
@ ACORD CORPORATION 1988
#S343536/M33B742
168 8
From: Oulfsh6<<dnmmitcf:, 1M. To: Krlliten Pagt"::JJ5 Daft:':: 10!l8/Z00S 1l:10:37AM
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(~s) must be endorsed. Aslate"'ent
on this certificate does not confer tights to the cerHficate holder in lieu of suchendorsement(s).
II SUBROGATION IS WAlVtD. subject to Ihetermsand conditiOns of the policy, oortain polici~. may
require an endorsemMtA statement on this certificate does riot confer rights 16 the certificate
hOlder in lieu or such endorsemMt(s).
DISCLAIMER
The-' Ccrtifj~ale 'of InsurandllOn the reverse side of this form does r10t con.stitute acotltract betWeen
the is.uing inSurer(s), alJthonze<l fepres.nlative or prqducer. and the cenificaie holder, nOr does it
affirmatively or negaUilely amend,extend or aJter th~ cOverage afforded bYlhe policies lisled Ihereon~
ACORD 25,S {2001/08) Z of 3
#S343536/M33874Z
From: Gulfshore In&uraiJ,ce, Inc. To: Kristen Page: 415 Date: 10/281200811:10:37 AM
. ..';:i.pg~~R!PtIPN$.(~~t}t!~!*rHt~mR~g~;11) ... ..
Workers Compensatlon! ErnployersLlabllltylnc:fud9", US Longshore & -Harbor Workers Blld FL
M~rJtlme Employers LIability. Umbrella' Exc_~Sj:s 1!:1, BUl11borshQot ....labJllty Q:l(tl1ndlng limits
of General Liability/Marine Liability, Auto Uability. Protection ~ In~9mnlty. and
Employers Liability.
AMS 25.3 (2001108)
#S343536/M338742
3 of3
168 8
168 8
From: Gulfshore lri6umnc~1 Inc. To; K1i:;ten
Page: 5/5
D.te, iO/2S/IIlOS llJO,Jl AM
STARR+MARINE
tNDORSF;MENT NO,'1 EJifECTlVEH2;OlA.M., An.ust 1.2008.
.\J'lAClIElI TO .\1'1) Fott\UNG PART OJ' POUCY NO.' LBNOO:l232008.
OF THE: !.'IaUo~.1 I.:'l>fIl!v& 11ft. 1.'01'''' C~lIlban".
ISSI:I:fl ro' /l;.lh'lIr.t11~r'. rnc,
ADDJJ1<.!N.\LA8S\JRED~OSS PAYEE/WAIVER OF SI'BROGATlO~I'SE.~
I) n i~ h.f'~Y "odc.',!'>o.l lrt<f a~~d 1l1.1 t!li, Policy ,ball in~l1Jde a,. Add.itional A"",,,d., or loIS P.~e., .nr po,,,,,n
0" ()rF~Il!zntiol! to wh-cmthe N'anie('l As~ur~ l1;iS agreedj- by Writte.n: CQnfJacti .10 t''-(ivl;:ki:uvellt~t. bldcnl~ with
fI"..spect to (lperatlo!:is~'tformed -bY(,lr en belutlf of d1~ ~ariltd Assw:ed andr,dy \\.!t;-:resge.:; tr., o':ctt.rr.:tlce:i
~11bflct(tteut (<)the makiug 'of such 'Nritten tontnct,
~-ot-."'ith~nm.Jins f.h.\'\ lloovc.1 it is.furthu tmdtrstood and 3ll:reed lhat wherever Adl1iticnat A~5ure:Q' C'r 1.c;;:; P;,;ytl"S
arc itout:d ((J lhis p~ll;cy it is specifk;al1>' agreed:
Xl ' Sw:-h Additional Assureds or Lossf'ayee:, :U1.. iudude,f oriIy withmpec.t tQ such a~J'vitits:w\1t~dby 1hi;
PQ!icy as ll/Ollfd exist in the a.bsence of thefnannng. .Qf Additional Assurl';ds ~t,' [.0':'$ Paye-e~. and co'Y'r,rnge
I1t~I~Hnd"r s!lall in ttO'\\'ay be {:on~dere'J ~xtctlded by the inclusJon of Addilivt""l ;\sstliedt of Loss
faVC";:9.
H) TIlt":indusiotl of Additiollal Aii1ureds or Lo~ Pa.)'~e~ in no way increase ittcJimir or liabi:ity hercundloJ",
Cl 1r. Ihe ~"~nt.ljfca~ccnatiollO" chang~ in poltc)"coyerageunless speciticanf"end(\rs~,if1 wflbriH, tn, ~l1G,
cont(~ry l1meoo) no' obligation ill il'np.Jscd on this corupany (0 send noticcuf_r.~m~cl~tiiln or change ?f
cnveritge, to ;:tn: Additional Alfsured ilr Loss 'Plyee and notice to the' orig~nel ,nl1{ritl ass,lII'Cd shall
d"c1;ar~. allobli~atiolls or uris company ~.~reunder. rhi" con1p'lOY' sh.HMl b. ("([Jlredlo nodt}
i\dditinllalA~sureds o[Loss Payces ofo.oy can~eliation received from lIworigmai a.~urt:d ht:rcon.
OJ AnY.,requf;sl.(or a ~,crtificate involvlng non.marine.contracts: whoselotaJ.Cflnb-ac.t-vnluc"exce:ed$ 5% of
the Nai1\(;d Assured's P(ojC\itedGrus~Receipts asad",ised to Underwriters at u:ceptiort, mllstbe referred
to UndeiWrit~rs for'approvaJ. prior (0 issuanecohuchcertlflcate. '
/I) II i. ~lrth... undc"tood and.greed thatlhe lJlIdcrnTiters wai.ve their (ight. of ,ubrog.tioll ag.inst all,V peo:oo or
[lrp..mil~ljon$ to whom the Named Anured is obllg<lled by written contrac;:t to provide, such w~h.'er. hut only to~he
exteul' of s\1cll obHgaGon and, only with respe.;t to op.':'raliOl1s by or on behalf or the Name:d A~surecl {If (o:he
(acali1ie~ ,,('or used, by Named Assurcd~
Nl.lI:\Vlthstanditl~ the'~,boyeJ SllCb w~ivefof1ights of subrogation by Underwriief:f:<ll;iIl not apv1Y1Q contla,;~
betWee" the Nall1ed Assuredaod subcontractorlor employeeS oflbe Nal11Cd As,""d,
III :-lol"itl1Sla"din~ Commercial Marine Li.bilit! General ConditiollS Section 7l1cllI ~ .QjlJ'.tl!!l!"ancc, co..mge
under thi:;, policy Ilffordedlo the Additional Assured scheduled below will apply as pri,nar)',i~ulance' w~n:
required bi' c-on-lmct. :and allY other insurance is.sued 'to ~uch Additional AS$ure:d s~a.lr apply as excess and
'lonc0u!:tibutory imurance"
ALL OTIIER l'ERMS, CONDnlONS, LIMITATIONS A!'iV EXCLUSIONs RE~I.\1N I:NClIAN(;~n,
KeU)" Brolhers (rH\
Policy "io: I.Bl'IU03!:l,008
P'~e 39
Commercial Marine Liability
Erredw: A.ugud1, 2Q08
168 8
Official Receipt - Collier County Board of County Commissioners
CPPR.ll 03 - Official Receipt
Trans Number
848794
Date
8/11120083'21:48 PM
PostDate
8111/2008
Nbr
CRESENTE; C. BAUTISTA
KELLY BROTHERS. INC.
15775 PINE RIDGE RD.
fT, MYERS, FL33908-
1010 QENER.ALCoNTR;-CERTIFIED
I ,.\UG 1 B iilli,;
J'e'
;1.):r, ,
Payor: KELLY BROS
Fee Infdrmation
I Fee code I DescriDtion 1 GL Account Amount Waived I
loect$c I STATE CERTIFIED LICENSE FEE 111313890032123500000 . $10.00 I
Total $10:00
Payments
Pa men! Code AccountlChacl<Number
CHECK 35738
Amount
$10.00
Total Cash
Total Non,Cash
E $0.00 I
$10,00
$10.001
Total Paid
Merna:
Cashier/location: MCCAULEYKATY / 1
User: JENNIFJ::RBLANCO
Collier County Board of CoUnty Commissioners
CD-PIUs for WindOWS 95/NT
Printed:8f11/2008 3:22:11 PM
,
168 8
STATE OF FLORIDA
DgPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
1940 NORTH MONROE STREET .
TALLAHASSEE FL 32399"0783
(850l 487-1395
.,
BAUTISTA, CRElSEtn'S CORONEL
KELLY Ba,OTHERS, INC
1.577 5 PINE RIDGE ROAD . .
FORT MYERS FL 33908
Congra!ul~tion$J With Ih[~ !i~at\Sayo~ becpme one pithe naarlyone million
Floridians licansedbytha Oap"rtmen!Qfe~sl~ess.andProfessional ~egulanon.
Our professionals ana l!uslneSses,ange fromciJrc,hitecls to ya1;ht brokers, from
boxers 10 barbeque resta~rants,and they keep Florida's ei::onomy strong.
Every day weworkto hnprove the way we do busIness in order tO,serve you belter.
Forinformallon about ourservlces, please 10f! onto www.myfforldaUoense.com.
There you can IIndman. informatlonal:ioul our divisions and the regulatiOns lhal
Impact you, ~ubscrlbelo department ne.wslelters and learn mQfe about.the
Department's inlllatlves,
Our mission a! tha Deparlmantis:lIcanse Efficiently, ~egulale Fairly.We
constanUystrive to serve-you bett~r so that.you.canserve your cu'stomers.
Thank you for doing business in Florida, and congratulations on your naw !icensel
DETACH HERE
e: FLOgID4;;. , .'... '. ,", '"
. ~jR~b~iss~~~tr.. iEGU~KttJON i . '.
R . ';CCEI:f.S'i a', B0ARD,% '*'" " , '
" '~..l!\" '~C!],,,,~,,l ,.':i,,' ~~f4:" .s.EQ#Losoa2601S2S
''''''.'
,~~~':i~(R~I
:.3:;):- j:t,Yg: ;;:;:::">;,
'~%r.~:~t~~~ - - ~~(~ !-~
, "
.1';
,.,j:
"1, /:';'->
.~/'-:i !.\-Yr,
.~.;~~~iQ~i,:~ry;~:"
".c GO . '.. }'L.:F
\~~t!;M~~:~".~;~~,~~J~;~~F,~;': '
'f;-;?- '._V:;-;i':'
.,..:.i1~~:8 '.:
QUIREO'.SY LAW'
1.__ 't~~'fk~W "
:'>_>\:~\\:':_-:,*,ll:.~t ;j\,
CHARLES"1fi~Dl:iA\:lO
. ",:'r,'SEC~E.'.ii:ARY.''i:
:,:-:-, -, --- J~~~r;; --- '''i,;
:%~i~{:;.!:.:j:
'_"__l:,
168 8
,..(j11f: .,
,~~i;"";'
'Nc!',,,V'
I! . "l'~'!""
~\ '.,';"Ir"-"'''..' _?'
,,'~~;~;:W~
STATE OF FLORIDA
PEPARTMENT .OF BUSINESS AND PROtESSIONAL REGULATION
CONSTRUCTION INDUSTRY. LICENSING BOARD
1940 NORTH MONROE STREET
TALLAHABSl!:l!: FL 32399-0783
(850) 487-1395
KELLY BROTHERS INC
15775 PXNERIDGE ROAD
FORT MYERS FL 33908
.
cOllgratulallonsl With this IIcenseyoub~cQrrie one of th~ nearly one mUlIon
Floridians Ilcensed by the Department pf Il~s'ness a~d ProfeSslone! Regulation.
Oui professionals and businesses ranile from architects to yacht brokers, from
boxers to barbeque restaurants, and they keep Florlda's economy strong.
For Information eboul Qur servIces, please log onto www.myflorldanconso.com.
There you can find more Information about our divisions end the regulations that
Impact you, subscribe to department newsletters and leern more about the
Department.s Initiatives,
Our mIssion at thil DilpartmeniiS: License Efficiently, Regulate Fairly. Wil
constantly strlye tQ s~rve you bellar so that you cen seNe your cu.stomers.
Thank you for dolngbuslnessin Florida, and congratulations on your new Iicensel
in:i I~ /,l-Hlh
DETACH HERE
,';<'
,..- :,.:.,,',-,.,.:. ,,':-'
...._,',..-~.., ~::.'~~.-- :.
t .,'if$~' 90ff 7
.. -'~~:1;7~: ~'<-.;
,.:~.~n:-::,~)(r$.'?l(::;': s
: ~- ~~/~~~' 4~)~' \
, ~\w.g..,-~..."! ~
-::'\lle(;,;.'- ';.\~~~',\
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168 8
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
("Owner") hereby contracts with Kelly Brothers, Inc. ("Contractor") of 15775 Pine
Ridge Rd., Fort Myers, Florida 33908, a Florida corporation, authorized to do business
in the State of Florida, to perform all work ("Work") in connection with Bridge Repairs
(Chokoloskee, Goodland, Green Boulevard and Oil Well Road), Bid No. 08-5135
("Project"), as said Work is set forth in the Plans and Specifications prepared by TBE
Group and Stanley Consultants, the Engineer and/or Architect of Record ("Design
Professional") and other Contract Documents hereafter specified.
Owner and Contractor, for the consideration herein set forth, agree as follows:
Section 1. Contract Documents.
A. The Contract Documents consist of this Agreement, the Exhibits described in
Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly
executed and issued addenda, Change Orders, Work Directive Changes, Field Orders
and amendments relating thereto. All of the foregoing Contract Documents are
incorporated by reference and made a part of this Agreement (all of said documents
including the Agreement sometimes being referred to herein as the "Contract
Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A
copy of the Contract Documents shall be maintained by Contractor at the Project site at
all times during the performance of the Work.
B. Owner shall furnish to the Contractor one reproducible set of the Contract
Documents and the appropriate number of sets of the Construction Documents, signed
and sealed by the Design Professional, as are reasonably necessary for permitting.
Section 2. Scope of Work.
Contractor agrees to furnish and pay for all management, supervision, financing, labor,
materials, tools, fuel, supplies, utilities, equipment and services of every kind and type
necessary to diligently, timely, and fully perform and complete in a good and
workmanlike manner the Work required by the Contract Documents.
Section 3. Contract Amount.
In consideration of the faithful performance by Contractor of the covenants in this
Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or
cause to be paid, to Contractor the following amount (herein "Contract Amount"), in
accordance with the terms of this Agreement: seven hundred seventy one thousand
five hundred forty six dollars and no cents ($771,546.00)
GC-CA-I
168 8
Section 4. Bonds.
A. Contractor shall provide Performance and Payment Bonds, in the form
prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of
which are to be paid by Contractor. The Performance and Payment Bonds shall be
underwritten by a surety authorized to do business in the State of Florida and otherwise
acceptable to Owner; provided, however, the surety shall meet the requirements of the
Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority
as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies"
circular. This circular may be accessed via the web at www.tins.treas.gov/
c570/c570.html#certil1ed. Should the Contract Amount be less than $500,000, the
requirements of Section 287.0935, F.S. shall govern the rating and classification of the
surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business is terminated in the State of Florida, or it ceases to
meet the requirements imposed by the Contract Documents, the Contractor shall, within
five (5) calendar days thereafter, substitute at its cost and expense another bond and
surety, both of which shall be subject to the Owner's approval.
Section 5. Contract Time and Liauidated Damaaes.
A. Time of Performance.
Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the written Notice to Proceed to be
issued by the Project Manager, as hereinafter defined. Contractor shall commence the
Work within five (5) calendar days from the Commencement Date. No Work shall be
performed at the Project site prior to the Commencement Date. Any Work performed by
Contractor prior to the Commencement Date shall be at the sole risk of Contractor.
Contractor shall achieve Substantial Completion within specified calendar days (see
tabJe below) from the Commencement Date (herein "Contract Time"). The date of
Substantial Completion of the Work (or designated portions thereof) is the date certified
by the Design Professional when construction is sufficiently complete, in accordance
with the Contract Documents, so Owner can occupy or utilize the Work (or designated
portions thereof) for the use for which it is intended. Contractor shall achieve Final
Completion within specified calendar days (see table below) after the date of
Substantial Completion. Final Completion shall occur when the Agreement is
completed in its entirety, is accepted by the Owner as complete and is so stated by the
Owner as completed. As used herein and throughout the Contract Documents, the
phrase "Project Manager" refers to the Owner's duly authorized representative and shall
mean the Division Administrator or Department Director, as applicable, acting directly or
through duly authorized representatives.
GC-CA,2
168 8
Project Days Days Final Total
Substantial Completion Days
Completion
Chokoloskee 85 15 100
Green Boulevard 65 10 75
Goodland 90/100 20/20 110/120
Oil Well Road 100 15 115
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement,
Owner will suffer financial loss if Contractor fails to achieve Substantial Completion
within the time specified above, as said time may be adjusted as provided for herein. In
such event, the total amount of Owner's damages, will be difficult. if not impossible, to
definitely ascertain and quantify. Should Contractor fail to achieve Substantial
Col11pletion within the number of calendar days established herein, Owner shall be
entitled to assess, as liquidated damages, but not as a penalty, (see table below) for
each calendar day thereafter until Substantial Completion is achieved. Further, in the
event Substantial Completion is reached, but the Contractor fails to reach Final
Completion within the required time period, Owner shall also be entitled to assess and
Contractor shall be liable for all actual damages incurred by Owner as a result of
Contractor failing to timely achieve Final Completion. The Project shall be deemed to
be substantially completed on the date the Project Manager (or at his/her direction, the
Design Professional) issues a Certificate of Substantial Completion pursuant to the
terms hereof. Contractor hereby expressly waives and relinquishes any right which it
ma.y have to seek to characterize the above noted liquidated damages as a penalty,
which the parties agree represents a fair and reasonable estimate of the Owner's actual
damages at the time of contracting if Contractor fails to Substantially or Finally
Complete the Work within the required time periods.
Project Liquidated Damages
Chokoloskee $715.00
Green Boulevard $313.00
Goodland $1,423.00
Oil Well Road $715.00
GC,CA-3
168 8
C. Computation of Time Periods.
When any period of time is referenced by days herein, it shall be computed to exclude
the first day and include the last day of such period. If the last day of any such period
falls on a Saturday or Sunday or on a day made a legal holiday by the law of the
applicable jurisdiction, such day shall be omitted from the computation, and the last day
shall become the next succeeding day which is not a Saturday, Sunday or legal holiday.
D. Determination of Number of Days of Default.
For all contracts, regardless of whether the Contract Time is stipulated in calendar days
or working days, the Owner will count default days in calendar days.
E. Right of Collection.
The Owner has the right to apply any amounts due Contractor under this Agreement or
any other agreement between Owner and Contractor, as payment on such liquidated
damages due under this Agreement in Owner's sole discretion. Notwithstanding
anything herein to the contrary, Owner retains its right to liquidated damages due under
this Agreement even if Contractor, at Owner's election and in its sole discretion, is
allowed to continue and to finish the Work, or any part of it, after the expiration of the
Contract Time including granted time extensions.
F. Completion of Work by Owner.
In the event Contractor defaults on any of its obligations under the Agreement and
Owner elects to complete the Work, in whole or in part, through another contractor or its
own forces, the Contractor and its surety shall continue to be liable for the liquidated
damages under the Agreement until Owner achieves Substantial and Final Completion
of the Work. Owner will not charge liquidated damages for any delay in achieving
Substantial or Final Completion as a result of any unreasonable action or delay on the
part of the Owner.
G. Final Acceptance by Owner.
The Owner shall consider the Agreement complete when the Contractor has completed
in its entirety all of the Work and the Owner has accepted all of the Work and notified
the Contractor in writing that the Work is complete. Once the Owner has approved and
accepted the Work, Contractor shall be entitled to final payment in accordance with the
terms of the Contract Documents.
H. Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extent Owner incurs damages from a third
party as a result of Contractor's failure to fulfill all of its obligations under the Contract
Documents. Owner's recovery of any delay related damages under this Agreement
through the liquidated damages does not preclude Owner from recovering from
Contractor any other non-delay related damages that may be owed to it arising out of or
relating to this Agreement.
GC-CA-4
168 I! 8
Section 6. Exhibits Incorporated.
The following documents are expressly agreed to be incorporated by reference and
made a part of this Agreement.
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Exhibit J:
Exhibit K:
Exhibit L:
Exhibit M:
Exhibit N:
Performance and Payment Bond Forms
Insurance Requirements
Release and Affidavit Form
Contractor Application for Payment Form
Change Order Form
Certificate of Substantial Completion Form
Final Payment Checklist
General Terms and Conditions
Supplemental Terms and Conditions
Technical Specifications
Permits
Standard Details (if applicable)
Plans and Specifications prepared by TBE Group & Stanley Consultants
and identified as follows: Bridge Repairs (Chokoloskee,
Goodland, Green Boulevard and Oil Well Road)
as shown on Plan Sheets 1 through 48.
Contractor's List of Key Personnel
Section 7. Notices
A. All notices required or made pursuant to this Agreement by the Contractor to the
Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or
Facsimile, addressed to the following:
Marlene Messam, Project Manager
Collier County Transportation Engineering & Construction Management
2885 S. Horseshoe Drive
Naples, Florida 34104
(239) 252-5773
B. All notices required or made pursuant to this Agreement by Owner to Contractor
shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-
mail or Facsimile, addressed to the following:
Mr. Danny Kelly
Kelly Brothers, Inc.
15775 Pine Ridge Road
Fort Myers, Florida 33908
239-482-7300
Fax No. 239-482-8014
GC-CA-5
168 8
C. Either party may change its above noted address by giving written notice to the
oth.er party in accordance with the requirements of this Section.
Section 8. PUBLIC ENTITY CRIMES.
8.1 By its execution of this Contract, Construction Contractor acknowledges that it
has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida
Statutes which read as follows:
"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 provide any goods or services to a public entity for the
construction or repair of a 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 any public entity in excess of the threshold amount
provided in s. 287.017 for CATEGORY TWO for a period of thirty-six (36)
months from the date of being placed on the convicted vendor list."
Section 9. Modification.
No. modification or change to the 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.
Section 10. Successors and Assiqns.
Subject to other provisions hereof, the Agreement shall be binding upon and shall inure
to the benefit of the successors and assigns of the parties to the Agreement.
Section 11. Governinq Law.
The Agreement shall be interpreted under and its performance governed by the laws of
the' State of Florida.
Section 12. No Waiver.
The failure of the Owner to enforce at any time or for any period of time anyone or
more of the provisions of the Agreement shall not be construed to be and shall not be a
waiver of any such provision or provisions or of its right thereafter to enforce each and
every such provision.
Section 13. Entire Aqreement.
Each of the parties hereto agrees and represents that the Agreement comprises the full
and entire agreement between the parties affecting the Work contemplated, and no
other agreement or understanding of any nature concerning the same has been entered
into or will be recognized, and that all negotiations, acts, work performed, or payments
GC-CA-6
168 8
made prior to the execution hereof shall be deemed merged in, integrated and
superseded by the Agreement.
Section 14. Severabilitv.
Should any provision of the Agreement be determined by a court to be unenforceable,
such a determination shall not affect the validity or enforceability of any other section or
part thereof.
Section 15. Chanae Order Authorization.
The Project Manager shall have the authority on behalf of the Owner to execute all
Change Orders and Work Directive Changes to the Agreement to the extent provided
for under the Owner's Purchasing Policy and accompanying administrative procedures.
Section 16. Construction.
Any doubtful or ambiguous language contained in this Agreement shall not be
construed against the party who physically prepared this Agreement. The rule
sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in
a contractual term which appears on its face to have been inserted for the benefit of one
of the parties shall be construed against the benefited party) shall not be applied to the
construction of this Agreement.
Section 17. Order of Precedence
In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Construction Agreement and the General Terms and
Conditions shall take precedence over the terms of all other Contract Documents,
except the terms of any Supplemental Conditions shall take precedence over the
Construction Agreement and the General Terms and Conditions. To the extent any
conflict in the terms of the Contract Documents cannot be resolved by application of the
Supplemental Conditions, if any, or the Construction Agreement and the General Terms
and Conditions, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at Owner's discretion.
****
GC-CA,7
16& \'18
IN WITNESS WHEREOF, the parties have executed this Agreement on the
date(s) indicated below.
Z~SES:
.. _-l . ";1)Ul-/)""C .'--.,
FIRST WITNESS
K.r Is-\eh.vJC\ YI, Er-
Type/Print Name
d~~)~ M tf )L
SECOND WIT ~~~
j.k~ tku \Lt.\'\d
Type/Print Name 0
Date:.~"{~ ,0cx5i
ATTEST.:
: ~'
Print Name:
".!~i3taFlt C
De~
CONTRACTO :
By:
OWNER:
BOARD OF COUNTY COMMISSIONERS OF
COlLl:::?RID
GC-CA,8
168 :~8
Nielson, Alter & Associates, Inc.
Bond Department
Public Works Bond
In compliance with Florida Statutes 255.05(I)(a)
Bond No.
105246542
Contractor
Kelly Brothers, Inc.
Address
15775 Pine Ridge Road
Ft. Myers, FL 33908
Phone No.
(239) 482-7300
Surety Company
Travelers Casualty and Surety Company of America
Address
One Tower Square
Hartford, CT 06813
Phone No.
(860) 277-1561
Owner Name
Collier County
Address
3301 East Tamiami Trail
Naples, FL 34112
Phone No.
(239) 252-8446
ContractlProject No.
08-5135
Project Name
Bridge Repairs (Chokoloskee,
Goodland, Green Boulevard & Oil
Well Road)
Naples, FL
Project Location
Legal Description
And Street Address
N/A
Description of Work
Bridge Repairs
Front Page
All other bond page(s) are deemed subsequent to this page regardless
of any page number(s) that may be preprinted thereon.
(/1A
168 8
EXHIBIT A
PUBLIC PERFORMANCE BOND
Bridge Repairs
(Chokoloskee, Goodland, Green Boulevard and Oil Well Road)
Bond No. 105246542
Contract No. 08-5135
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal, and
Company of America as
One Tower Square, Hartford, CT 06183
(Business Address) are held and firmly bound to
Collier County , as Obligee in the sum of
Seven Hundred Seventy One Thousand Five Hundred Forty Six And No!100**
($ 771,546.00** ) for the payment whereof we bond ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
KELLY BROTHERS. INC.
Travelers Casualty and Surety .;j IYuoiV
./ Surety, located at
WHEREAS, Principal has entered into a contract dated as of the day of
2008, with Obligee for
Bridge Repairs (Chokoloskee, Goodland. Green Boulevard and Oil Well Road)
in accordance with drawings and specifications, which contract is incorporated by
reference and made a part hereof, and is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract;
and
2. Pays Obligee any and all losses, damages, costs and attorneys' fees that
Obligee sustains because of any default by Principal under the Contract, including, but
not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and
3. Performs the guarantee of all work and materials furnished under the Contract for
the time specified in the Contract, then this bond is void; otherwise it remains in full
force. Any changes in or under the Contract and compliance or noncompliance with
any formalities connected with the Contract or the changes do not affect Sureties
obligation under this Bond.
The Surety, for value received, hereby stipulates and agrees that no changes,
extensions of time, alterations or additions to the terms of the Contract or other work to
be performed hereunder, or the specifications referred to therein shall in anywise affect
its obligations under this bond, and it does hereby waive notice of any such changes,
extensions of time, alterations or additions to the terms of the Contract or to work or to
the specifications.
~
GC-CA-A-4
16B':B
This instrument shall be construed in all respects as a common law bond. It is
expressly understood that the time provisions and statute of limitations under Section
255.05, Florida Statutes. shall not apply to this bond.
In no event will the Surety be liable in the aggregate to Obligee for more than the penal
sum of this Performance Bond regardless of the number of suits that may be filed by
Obligee.
IN WITNESS WHEREOF, the above parties have executed this instrument this Jd...
day of -Bp'-:,\ , 200t9 the name of each party being affixed and these
presents duly signed by its undersigned representative, pursuant to authority of its
governing body.
Kell
S jIZ;,f fS74
t/; De" - ~/U?:S
PRINCIPAL
BY:
NAME:
ITS:
STATE OF f I D,.-~AI'\.
COUNTY OF ue_
The foregoing instrument was acknowledged before me this kit day of
.f[~) , ' 200'~ by Cre. e '\ e.. (Lv\~s;ta.., . as
_..:.._ _l'E:":J\AeAA.\- of ,8,rc,. -r..nc' . , a
'F\ l'''; AD. corporation, on b half of the corporation. He/she is
personally known to me OR has produced oe,,'5{'o{,\C\\~ Kr\()Wn
as identification and did (die! not) take an ath.
~Q~,-it{~
(Signature) ,
My Commission Expires: ;) I:L S \ ,;1.0 'I
~"'",- HEATHER HAGLUND
PZ:~) MY COMMISSION #00643648
, . ' EXPIRES: fEB 25, 2011
~~"~BondedthrOlJgh1stStatelnsurance
Name: ~!i f'e- -\-I.,e ,.... Flew \ v..(\ J
(Legibly Printed))
Notary Public, State of: VI () r', cl_
Commission No,: D 0,,,,-\ :'\0'-\ ""
(AFFIX OFFICIAL SEAL)
GC,CA-A,5
168. 8
ATTEST:
SURETY:
Travelers Casualty and
Surety Company of America
(Printed Name)
One Tower Square
Hartford, CT 06183
(Business Address)
(Authorized Signature)
OR
Witnesses as to Surety
A '
r> . / ./
~ /--" /~z:!//.--->-. r
/
~' Y~f
~ {~C/(. "
W, esses ,,/ "
As Attorney in act
(Attach Power of Attorney)
Charles J. Nielson
(Printed Name)
8000 Governors Square Blvd.,
Suite 101
Miami Lakes, FL 33016
(Business Address)
(305) 722-2663
(Telephone Number)
STATE OF Florida
COUNTY OF Miami-Dade
The foregoing instrument was acknowledged before me this _ day of
, 2008, bv Charles J. Nielson ,as Attorney In Fact
of lraveler~ Lasualty ahd 5UL~~Y
C'r'omp!lny nf Amari r~ , a Surety, on
behalf of Surety. He/She is personally known to me OR has produced
personally known as identificati,and who did (did not) take an oath.
My Commission Expires: / '1~ ...;i /' ,/ ~~/'\ Y
"(Signature) .-
i'" 'v\,
...~ .
~~..:
'9'?Off"'~~
Notary Public State of Florida
Kristi M Messel
My Commission DD480125
Expires 11/14/2009
Name: Kristi Messel
(Legibly Printed)
(AF
Notary Public, State of: Florida
Commission No.: DD480125
GC,CA-A-6
......
TRAVELERS J
POWER OF ATTORNEY
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
1611 i;~8
Farmington Casualt)' Compan}'
Fidelity and Guaranty Insurance Compan}'
Fidelity and (;uaranty Insurance Underwriters, Inc.
Seaboard Surety Compan)'
S1. Paul Fire and Marine Insuranct' Compan}'
Attorney-In Fact No.
219740
S1. Paul Guardian Insurance Company
St. Paul Mercury Insuranl'c Company
Travelers Casualty and Surety Company
Trawlers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
C"tificateNo. 0 0 27 3 6 70 1
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and SI. Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota, that Farmington Casualty Company, Travclcr~ Casualty and SurelY Company, and Travelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Compalry is a corporation duly organized under the
law~ of the State of Maryland, that Fidelity and Guaranty In~urance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and
Guaranty Insurance Underwriter~, Inc. is a corporation duly organiled under the laws 0]" the State of Wisconsin (herein collectively called the "Companies"), and that
the Companies do hereby make, constitute and appoint
Charles D. Nielson, Charles J. Nielson, Mary C. Aceves, Warren M. Alter, David R. Hoover, Gicelle pajon, Olga Iglesias, and Gloria McClure
of the City of Mi~lml I :.:Ikf''' ___' State (}f__-Elori(b , their true and lawful Attomey(s)-in-Fact,
each in their separate capacity if more than one is named above. to sign. execute, seal and acknowledge any and all bonds. recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any~ctions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrumenl to be signed and theit t:orporate seals to be hereto affixed, this
day of ~cember 2008
10th
Farmington Casualty CoOl pan}'
Fidelit)' and Guarant)' Insurafl{'e Company
Fidelity and Guaranty Insurance lJnderwriters, Inc.
Seaboard Surety Company
St. Paul f'ire and Marine Insurance Company
~
~
e
State of Connecticut
City of Hartford ss.
St. Paul Guardian Insurance Company
St. Paul Mercur}' Insurance Company
Travelers Casualt:y and Surel}' Compan}'
Trawlers Casualt}' and Surety Company of America
tlnitl'd States Fidelity and Guaranty Company
.,~~......
/..~~"""'''''''~1-~\
I:;'(}:J"PDIM}"~\,",\
lot, _._ '''I
\~\SEAL""'i'
W:.'.. /....
-....::..~....~... ,..-lo
By
On this the 10th dayof December _,~ ' 2008, before me personally appeared George W. Thompson, who acknowledged himself
to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc.,
Seaboard Surety Company, SI. Paul Fire and M:lrine Insurance Company, St. Paul Guardian Insurance Company. St. Paul ~ercury Insurance Company, Travelers
Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being
authorized so to do, executed the foregoing instrumenl for the purposes therein contained hy signing on hehalf of the corporations by himself as a duly authorized oflicer.
In Witness Whereof, I hereunto set my hand and ufficial seal.
My Commission expires the 30th day of June, 20] I.
58440-5-07 Printed in U,S,A.
.."f{\w c. j~
'-- :\1arie C. Te1reault. :-';o1ary Puhlil:
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
WARNING: THIS POWER OF ATTORNEY IS INVAUD WITHOUT THE REO BORDER
This Power of Attorney is granted under and by the authority III the rolltlv'iin~ res\lluti(llls ad\IPted by thL' Bl)ards (II' DircL.t()r\ (If F:lrmingtoTl (';lsualty ('(lmpany, Filklit)
and Guaranty Insurance Company, Fidelity and Guar<lllty Insurance Underwriters, Inc., Seaboard SurdY C\'il1pany. Sl. Paul Fire ;Jnd \t1arine Insurance Company.
St. Paul Guardian Insurance Company, SI. Paul Mercury Insurance Company, Tra\elvrs Casualty and Surety Cnl\1pallY. rravelers Casualty and Surely Company of
America, and United States Fidelity and Ciuaranty Company. whICh resolutions afe no\',' in rull rnrl'e and efrect. reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, allY Executive Vice PresidenL any Senior Vice PrL'sidcllt. any Vice President. any Second Vice
President, the Treasurer. any Assistant Treasurer. the Corporate Senetary or any Assistant Secretary may appoint Attorney's-in-Fact and Agents tn <lct for and on bchall
of the Company and may give SLlch appointce such authority as his or hcr certific;lIe or authority Ill:!y presnihL' t(1 si)2n with the Company's name anu seal with thc
Comp;lIlY's seal bonds. recognizances. contracts of inuClllllity, alld other \vritings ohli~alOry in the nature 01';1 hond, l'eulgninl1lcl'. or condition:ll undcrtaking. and an)
of said officers or the Board of Directors at any time Illay reTl10ve any sllch ;lppoilllCl' and revoke the pown gi\l'n himllr Iwr: and it is
FURTHER RESOLVED, that the Chairman, the Prcsiuent, any VicL' Chairman, any I-:xecutive Vicc President. any Senior Vice President or allY VieL' President lllay
delegate all or any part of the foregoing authority to one or more officers or employees of this Comp:lllY, providnlthat each such dekgation is in v.;riting and a copy
thereof is filed in the of tiel" of the Secretary~ and it is
FURTHER RESOLVED, that any hondo recognitance, contract or indemnity, or writing uhligatory in the nature of a hond. recognizance, or conditional undertaking
shall be valid and hinding upon the Company when (a) signed hy the President. any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President. any Second Vice President. the Treasurer. any Assistant TrL~asllrer. the Corporatl' Secretary or any Assistant Secn:tary auu duly at1ested and scaled with the
Company's seal hy a Secretary or Assistant Secretary: or (b) duly cxecuted (under scaL if required) hy one or more Allorneys-in-I-iact and Agents pursLlantto the powel
prescribed in his or her certificate or their certiticates or autbority llr hy one or llhlre Company unicers pursuant to a wril1en delegation of allthorit)-,~ and it is
F1JRTHER RESOLVED, that the signature of each of the following ollil.ers: President. any EXLTutive Vice Presidcn!. any SL'nior Vice Prcsident. any Vice President.
any Assistant Vice Prcsident, any Secretary. any Assistant Secretary, and the seal or the Company may hc drtixed hy facsimile to any pmverof attorney or Il) any eeltificale
relating thereto appointing. Resident Vice Presidents, Resident Assistal1l Secretaries or At1orncys-ill-racl I'm pUI-plJses only oj executing and attesting honds and
undertakings and other wrilings ohligatory in the nature thercof, and ;my sllch pmVl'1' ot aHorney or certificate hearing sucll fal'simile sig.nature or racsimile seal shall hc
valid and hinding upon the Company and any such power so e"eclltl~d and certified hy such Lu:simik Si~Il<Itlln: ;Ifld r~ll'sil1lile sL'alshall he v~liid and hinding Oil the
Company in the future with respect (0 any hond or understanding to which it is attat'hed
L Kori M. Johanson. the undersigned, Assistant Sendary, or f<'unnington Clsualty Company. Fidelity and Ciuaranty' Insurance Company, Fidelity' and (.iuaranty Insurance
Underwriters. inc., Seahoard Surely Company, Sf. Paul Fire :lIld Marinl' Insurance Company, S1. Paul Guardian Insurancl~ Company. St. Paul J\.krcllr:y Insurance
Company, Travelers Casualty and Surety Company. Travelers Casualty and Surety Company of Americ;!, and United States Fidelity and (juaranty' Company UO hereby
certify that the above and foregoing is a true and correct copy 01 the Power of Attorney exeeuted hy said ('()mpalliL~s, which is in full rnrL'e and clfcct and has not heen
revoked.
IN TESTIMONY WHEREOF, I have hereuJ1{() set my haud alld affixed the seals I)f said Cumpanies thi.s _____ d<l)' 01
~()
KlWi:\-1. J0I1;1I1s1
~
~
~,
'f1'OI'~~
e"~"'~':'~
"'ii' ,.",
"-, ~'
'" ;''i1I' ~
, ,
"'<:.fAN'.' "
""'''"'.,.,""
/S;fN~~~>..
!S,'<:.oQ?~RAr('\..\
i:l. _._ ,r>;
\\.:.~.EA~.i' 1
~~;;
To verify the authenticity nf this Power uf AnorTwy. call I.XO{J-421-.,XHO or contact llS at www.travclersoolld.colll, Please refer to the ,A,1tonley-ln-FaL'1IllIlnbl'r. lhc
above-named individuals and the details of' the hond to v..'hich the power is aLL<lched
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
168 8
EXHIBIT A
PUBLIC PAYMENT BOND
Bridge Repairs
(Chokoloskee, Goodland, Green Boulevard and Oil Well Road)
Bond No. 105246542
Contract No. 08-5135
KNOW ALL MEN BY THESE PRESENTS: That KELLY BROTHERS, INC.
, as
Principal,
, as
and Travelers Casualty and Surety Company of America ~I~"V
Surety, located at One Tower Square, Hartford, CT 06183
(Business Address) are held and firmly bound to Collier County
as Obligee in the sum of Seven Hundred Seventy One Thousand Five Hundred Fortv Six And No/ 100**
($ 771,546.00*" ) for the payment whereof we bind ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of
2008 W'lth Obl'rgee for Bridge Repairs (Chokoloskee-;-GOodland, Green
I Rr'l111~'U::Ird GlTld 01.1 W~11 "Foad)
in accordance with drawings and specifications, which
contract is incorporated by reference and made a part hereof, and is referred to herein
as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida
Statutes, supplying Principal with labor, materials or supplies, lIsed directly or indirectly
by Principal in the prosecution of the work provided for in the Contract, then this bond is
void; otherwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any
formalities connected with the Contract or the changes do not affect Sureties obligation
under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.05(2). In
no event will the Surety be liable in the aggregate to claimants for more than the penal
sum of this Payment Bond, regardless of the number of suits that may be filed by
claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this
day of 2008, the name of each party being affixed and these presents
duly signed by its under-signed representative, pursuant to authority of its governing
body.
~
GC-CA-A-1
168 8
Signed, sealed and delivered
in the presence of:
PRINCIPAL
~'~"]\
f ~ --rV{)L.1- 'l-"O ~
'G(;
Kel Inc.
BY:
NAME:
ITS:
&111 s;r,-J
VI ct - fi Aif;!. .
STATE OF _F'l 0,-;&0...
COUNTY OF Lt.€.....
owledged before m;'J this \~')+~ay of
- , as r;D,de Y\ of
,e. ~ -:L < '. , a c' ( corporation, on behalf of the
corpor tion. He/she is personally known to me OR has produced pt'r>vnu\1y .tlltwas
identification and did (did not) take an oath. .,
My Commission Expires: .2 I ;}s I a,o, \
HEATHER HAGLUND
/,;~;;:y'''~~ MY COMMISSION #00643648
; ," j,,' I EXPIRES FES 25, 2011
\.;?'~/Bondedtt1roUgh15tStatelnsurance
NAME:
_CeLA
(Signature of Notary)
J-Kct-t{1U J-iallu "cf
(legibly Printed) '---
(AFFIX OFFICIAL SEAL)
.--- 'J.
Notary Public, State of r I <fY (( c-
Commission No.: b/\ (J) '1 7>(v '-IX'
ATTEST:
SURETY:
Travelers Casualty and
Surety Company of America
(Printed Name)
One Tower Square
Hartford, CT 06183
(Business Address
(Authorized Signature)
Witnesses to Surety
(Printed Name)
GC-CA,A-2
168 8
,/~~ /#~~ 0
OR
(47z(~
As Attorney in Fact
(Attach Power of Attorney)
I
/ . .~
~ / Lf .
/ 'I,' ~ .(:.
~tnesses (",./ ~I)'
Charles J. Nielson
(Printed Name)
8000 Governors Square Blvd.,
Suite 101
Miami Lakes, FL 33016
(Business Address)
(305) 722-2663
(Telephone Number)
STATE OF Florida
COUNTY OF Miami-Dade
Attornev In Fact
Surety, on behalf of Surety.
personally known
take an oath.
The foregoing instrument was acknowledged before me this _ day of
, 2008, by Charles J. Nielson as
of Travelers Casualty and Surety Company
He/She i~f pifr~M~~y known to me OR has produced
as identification and who did (did not)
My Commission Expires:
/-kL./;,. / ~ 0
(Signature)
Notary Public State of Florida
Kristi M Messel
My Commission 00480125
E 1 /2009
Name: Kristi Messel
(Legibly Printed)
(AFFI
Notary Public, State of: Florida
Commission No.: DD480125
GC-CA-A-3
POWER OF ATTORNEY
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
....
TRAVfLERSJ
Farmington Casualty Compan)'
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Seaboard Surety Company
St. Paul Fire and l\larine Insurance Company
Attorney-In Fact No.
219740
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualt.y and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guarant}' Company
Certificate No. 0 0 2 7 3 6 7 0 2
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surely Company is a corporation duly organized under the laws or the Slate of New York, that St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and SI. Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota, that Farmington Casualty Company. Travelers Casualty and Surety Company. and Travelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut. that United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland. that Fide]ity and Guaranty Insurance Company is a corporation duly nrganized under rhe laws of the State of Iowa, and that Fidelity and
Guaranty Insurance Underwriters, Inc. is a corporation duly organizL'd under the laws of the State of Wisconsin (herL'in collectively called the "Companies"), and that
the Companies do hereby make, consticute and appoint
Charles D. Nielson, Charles J. Nielson, Mary C. Aceves, Warren M. Alter, David R Hoover, Gicelle Pajon, Olga Iglesias, and Gloria McClure
of the City of Miami Lakes , State of Florida . their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above. to sign. execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on hehalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or PtQceedings allov.ed by law.
IN WITNESS WHEREOF. the Companies have caused this instrwncnt to he signed and (heir corporale scals to be hereto at1ixed, this
day of December ,2008 .
10th
Farmington Casualt:y Cumpan)!
Fidelity and Guaranty Insuranl't Company
Fidelity and Guaranty Insurance Underwriters, Inc,
Seaboard Surety Company
St, Paul Fire and Marine Insurance Compan)!
~,
~k%
~OFtRf'loQ'./
~
~
State of Connecticut
City of Hartford ss.
St. Paul Guardian Insurance Company
St. Paul Mercur},' Insurance Company
Travelers Casually and Surety' Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
/.;'";';:;~,
fi;~";"-''''..'' "'1<1'\
:i-~G"~C~<lro/'\."'\
:1:, __ :n
V'..\~E&~/!
"i.s,,,,,,,,,,,~+.l/
-'
~)\
~JP
By
10th December 2008
On this the day of .~~___ . . hefore me personally appeared George W. Thompson, who acknowledged himself
10 be the Senior Vice President of Farmington Casualty Company. Fide]ity and GuaranlY Insurance Company, Fidelily and Guaranty Insurance Underwriters. Inc"
Seaboard Surety Company, St. Paul Fire and Marine Insurance Company. 51. Paul (iuardian Insurance Company. 51. Paul Mercury Insurance Company, Travelers
Casualty and Surety Company. Travelers Casualty and Surety Company of America. and United Staks Fidelity and (,uaranty Company. and that he. as such, being
authorized so to do. executed the foregoing instrument for the purposes therein contained hy signing un hehalf of the corporations hy himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and orticial seal.
My Commission expires the 30th day of June, 2011.
58440-5-07 Printed in U.S,A,
'f{\w
"-Marice.
(!.j~
Tetre;]ull. NOlary Public::
N Y I INVA I WITH T T
RDER
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the ,lllthority of Ille follmving resolutions adopted hy (he Hnards 01 Diredors of Farmington C,t ompany, Fidelity
and (juaranty Insurance Company. Fidelity and (;uaranty Inslllance Undenvriters, Inc.. Seaboard Slllt'lY Cumpany'. St. Paul Fire and r-,brine [nsur,lI1cc Comp;.lIlY.
51. Paul Guardian Insurance Company, St. Paul \1ercury Insurance Company, Travelers Casually and Sun:t;.' (\lmpany. Travelers Casualty and Surely Company of
America. and United States Fidelity and CiuaranlY Company. which resolutions arc now in full force and dlcc1. rt'ading as fullows'
RESOLVED, Ihat the Chairman. the President. any Vice Chairman, any Executive Viu; Presidenl, any Senior Vicc Pn:sit.!enl. any Vice President. ;lIly Second Vicc
President. the Treasurer, any' Assistant Treasurer. the Corporate Secn:lary ur any Assistant Secretary may appoint i\lIorneys-in-Facl ant.! Agenls 10 act for and on hellal!
of the Company and may give wch app(lintee such authority as his or her certillcate uf authority may prescrihe tp sign \vith 11lL' Company's IWllle and seal ,^'ith the
Company"s seal bonds, reeo!!nizanees, contracts of indemnity, and other wrilings ubligatory in the natlHL' of a hund. n:co)!lliI<lIlcc. or conditional Ulllk'r1aking. and :1I1Y
of said officers or the Board of Directors a( any timc Illay remon' any such appuintee and revoke the power given him (lr her: ;lIld it is
FURTHER RESOLVED, that the Chairman. the President. any Vice Chainnan. any Exccutive Vict' Pn.:sidt:nt. any SL'niul Vice President or ~lIlY Vice Prl'sitknt Illay
delegate all or any part of the foregoing authority \() one 01" more offi<.:ers or employees of this Company. pnwided (h;lle~lch such delegation is in writing and a copy
thereof is filed in the office of the Seeretary: and it is
FURTHER RESOLVED. that any bond, reL'Ogni.lancc, contracl of indemnity. or wriling uhlig;llory in the nalure of a blllld, recogni.lalKL', or conditional undertaking
shall be valid and binding upon the Company whcn (a) signed by (he Presidcn\' any Vice Chairman. any Executive Vice President, any Senior Vice Presidelll or any Vice
Presitlenl, any Second Vice President, the Treasurer. any Assistant Tn-:asurel", the Corp()rate Secretary ur any Assistanl Seeretary and duly al1ested and sealed with the
Company's seal by a Secn:tary or Assistant Secretary: tll" (h) duly ewculed (under seal. if requircd) by (lnt' \ll" more Atl(lrneys.in"Fact and Agents pursUdllt tll tl1t' power
prescribed in his or her certificate or their certifica\t's of ;llllhority 01' hy one or lllore Comp:lIlY officers pursuant tu a written dt:lt'!:~ation 01 authority: and it is
FURTHER RESOLVED, that the signaturt' of each of the folluwing officers: Presilk.tl\, any Ex<:cutivc Vice President. any Senior Vice President, any ViCL' President.
any Assistant Vice President. any Secn:tary. any Assistant Secretary. allllthc seal of lhe Company Ilwy he affixed by facsimile to any pO\\/l'r nl" attorney or to any certificate
rdating thereto appointing Resident Vice Presidents. Resident i\SSisl<lIll SL'cretaries or Anortll'ys-in-F<lct tilr purp\lses iluly uf ext'L'uling and attesting hunds and
undertakings and other writings obligalory in the nalure thereof. ,\Ild allY such powel of allorney or ccrtificate bearing ,SUi'll facsimile signalllre or bl'simile sc;d sh,dl he
valid and hinding upon the COlllP;lIlY and any such p(lwer su executed :1I1d cerlilied hy' sllch facsimile sign:\ttlre ;IIHI facsimile seal shall he valid and himlillg 011 Ille
Company in lhe future with respecl to any oond or understanding to which il is attadwd.
I, Kori M. Johanson. the undersigned, Assistant Senetary, of Farminglon Casualty Company, Fidelity and Guaranty Insurance Company. Fidl'lity and Guaranty Insurance
Underwriters. Inc.. Seaboard Surely Company, St, Paul Fire and Marine Insurance Company, SI. Paul Guardian Insurance COnlpdny, St. Paul :'vkn:ury Insurance
Company. Tr:lvelers Casualty and Surety Company. Travelers Casually and Surety Company of America, and United Slates Fidelity and Guaranty Company do hert:hy
t.ertify that the ahove and foregoing is a lrue and c\lfJ"ecl copy (II the Power of Attorney executed by said Companies. which i,s in full force and effect and hus nol het'n
revoked.
IN TESTIMONY WHEREOF, I have hereunto sel my hUlld and aiTIxed the seals nf s,lid Companies this
day of
20
Kori M.Joh:1l1S(
e
~
~
~"'"'.,~
f~,.~
t~Pi
<{~~,,:~^"'C, ,?
"""'''.
~~~~~~'....
(t'{ol'~o~~r~S\
\.~\.si?J!!.iL.":;j
~.. ..
Cr...,,, ,....l.
~fi" ..~... l'-
'~,
To verify the authenticity of this Power of Altorney, call l-X()()-42I -",SSU or contact LIS at www.tra\'I'lershtlnd.coll1. Please refer tn lhe Attorlll'y-In-Faet number. the
above-named individuals and the dClails of the bond 10 whit'h the powcr IS attached.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
Client#: 64277
KELBR2
ACORD,"
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DDIYYYY)
03/30/2009
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 BELOW.
PRODUCER
Gulfshore Insurance, Inc.
4100 Goodlette Road N
Naples, FL 34103 -3303
239 261-3646
Kelly Brothers, Inc.
15775 Pine Ridge Rd.
Ft. Myers, FL 33908
INSURERS AFFORDING COVERAGE
INSURER k National Liability & Fire
INSURER B Seabright Insurance CO.
INSURER c: Amerisure Insurance Company
INSURER D:
INSURER E:
NAIC#
INSURED
COVERAGES
THE POLICIES OF INSURANCE USTED 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
11~~f( ~~ TYPE OF INSURANCE POLICY NUMBER PJ>kj~Y J~r68;W1E Pg~fJI~~~t~N LIMITS
A X ~NERAL LIABILITY LBN00323 08/01/08 08/01/09 EACH OCCURRENCE $1 000 000
X COMMERCIAL GENERAL LIABILITY DAMAGE J9",~ENTED $50 000
I CLAIMS MADE [X] OCCUR MED EXP (Anyone person) $5000
e!- Ship Repairers Legal PERSONAL & ADV INJURY $1 000 000 ,/
e!- Salvors Legal GENERAL AGGREGATE '2 000 000 v'
rl'L AGG:EnE LIMIT APrlS PER: PRODUCTS - COMP/OP AGG $2 000 000
PRO-
POLICY JECT LOC
C ~TOMOBILE LIABILITY CA101590300 08/01/08 08/01/09 COMBINED SINGLE LIMIT -Ac
e!- ANY AUTO (Ea accident) $1.000,000 ,
>- ALL OWNED AUTOS BODILY INJURY
$
>- SCHEDULED AUTOS (Per person)
1L HIRED AUTOS BODILY INJURY
$
1L NON-OWNED AUTOS (Per accident)
- PROPERTY DAMAGE $
(Per accident)
~RA.E LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $ /
AUTO ONLY. AGG $ /
A ~ESS/UMBRELLA LIABILITY LBN00324 08/01/08 08/01/09 EACH OCCURRENCE $5 000 000 ~
X OCCUR D CLAIMS MADE AGGREGATE $5 000 000
,
~ DEDUCTIBLE $
X RETENTION $ 25 000 $
B WORKERS COMPENSATION AND BB1080489 08/01/08 08/01/09 X I ,'!!(~.~,T~l~~ I IOJ~- /
EMPLOYERS' LIABILITY $1,000,000 V
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? E.L DISEASE - EA EMPLOYEE $1,000,000
If yes, describe under EL DISEASE - POLICY LIMIT $1,000,000
SPECIAL PROVISIONS below
A OTHER P&IIJones HBNOO068 08/01/08 08/01/09 $1,000,000
A Hull HBNOO068 08/01/08 08/01/09 $1,100,000
A Eauiament HBNOO068 08/01/08 08/01/09 $875,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS
Contract #08-5135, Bridge Repairs (Chokoloskee, Goodland, Green Boulevard, & Oil Well
Road).
Collier County, Fiorida is Named as Additional Insured on a primary basis with Respects
to General Liability Only as needed by contract, per endorsement #7. Waiver of Subrogation
(See Attached Descriptions)
CERTIFICATE HOLDER
CANCELLATION
Collier County Government Center
Purchasing Department
3301 E. Tamiami Trail
Naples, FL 34112
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
ACORD 25 (2001108) 1 of 3
#S352881/M338742
JPE
@ ACORD CORPORATION 1988
168 8
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s). authorized representative or producer. and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25,5 (2001108) 2 of 3
#S352881/M338742
.,"^......_._._._._,-~._,-,~.~ "~'~-"----"-____"'_'~~'_'_',...;"_"'_'" - '" '__'_"_".'_~"~_'-'o
DESCRIPTIONS (Continued from Page 1)
under Workers Compensation in favor of Collier County, Florida as needed by contract per
blanket form WC000313 0484. .30 days notice of cancellation, except 10 days for
nonpayment.Workers Compensation/ Employers Liability include US Longshore & Harbor Workers
and FL Maritime Employers Liability. Umbrella/ Excess is Bumbershoot Liability extending
limits of General Liability/Marine Liability, Auto Liability, Protection & Indemnity, and
Employers Liability.
AMS 25.3 (2001108)
3 of 3
#S352881/M338742
168 8
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY
WC 00 0313
(Ed. 4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our
right against the person or organization named in the Schedule. (This agreement applies only to the extent that you
perform work under a written contract that requires you to obtain this agreement from us.)
This agreement shall not operate directiy or indirectly to benefit anyone not named in the Schedule.
Schedule
WHERE REQUIRED BY WRITTEN CONTRACT, PROVIDED THE
CONTRACT IS SIGNED AND DATED PRIOR TO THE DATE OF
LOSS TO WHICH THIS WAIVER APPLIES. IN NO INSTANCE
SHALL THE PROVISIONS AFFORDED BY THIS ENDORSEMENT
BENEFIT ANY COMPANY OPERATING AIRCRAFT FOR HIRE.
This endorsement changes Ihe policy to which il is attached and is effective on the dale issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective
Insured
Insurance Company
08/01/08 Policy No. BB1080489
Kelly Brothers Inc
SeaBright Insurance Company
Coo"",,'" By 7# JJ ~
Endorsement No.
Policy Effective Date
6
08/01/08
we 00 03 13
(Ed. 4-84)
Copyright 1983 NaOonaJ Council on CompensaUon Insurance.
16B
8
SiARR*MARINE
ENDORSEMENT NO.: 1 E~1"'ECTIVE: 12:01 A.M" Aueust 1, 2008.
ATf ACHED TO A!''D FORMING PART OF POLICY NO,: LBN003232008.
OF THE: ~ation.1 Liabilitv & Fire Insurance Comoanv.
ISSI:];D TO' J{eUv Brothers. Inc.
ADDITIONAL ASSURED/LOSS PAVEK/WAIVER OF SUBROGATION (,L~lrSES
I) It is hereby ondcmood and agreed that this Policy sball include as Additional Assmods or Loss P'yees, ..r:'J' pe:SOD
or or;zanizatiOJ! to Vi,horn the Named A.ssure,-j has agreed, by Written contract, to p.,~tivid(' cuveO\g.c. but only with
t"c:spect to aperabons performed by Of on behalf of tl'Jl;; ~amed Assured and ()A:ly "nth rt:_s:,?e~t t(} Q';:C\UT-=nces
~11bscquent tu the making of such Mitten contract.
~otwithstaD.ding the- ~bOve, it is further undi;:rstood and agreed that wher~ver Additional A:~sure-ds or Lc.;s P(:yees
a"..added to this p"li.cjo it is specifically agreed:
A) .' S.Udi Additional Assureds or Lo.. Payee. 'ff. included only with respect to such .dviti.. inso<<d by lhi.
polic.y as Ivould exist in tbe_ absence of tbe naming of AdditIonal ASSUfl'lds (If Lo.s.s _ Payee~ and coverage'
hereunder s~all in no way be conSIdered extended by the inclusion of Additional Assureds or Loss
Paye(ls.
B) The indusion of Additional Assureds 0: Loss Pay~es in no way increase ~hc limit of Jiabili.tj' hereunder.
C) Ir.-'~he t"veut. of cancellation or chang~ in policy coyerage unless specificalJ.y .end<'fscJ. in Wtltuig to. the
contn....ry hCleon, no obligation is imp..)sed on this company to send notice ()f. r,anr.eUation or change ')f
cov.rage to an Additional Assured or'Loss Payee and notice to tite original Dall'ed assured shall
dIscharge aIi nbligatiolls of this company h~reunder. Tbi. company sball not be required to notify
Additional Assureds or Loss Payees of any caneeliation received from th~ origtnal assured hereon.
D) Any ct:quest for a certificate _involving non-marine contracts whose total contra(".t 'va;ut:J _exceeds S% of
the Named ASliUIed's Projected Gros. Receipts as admed to Underwriters at inception, mUst be referred
to Underwriters for approval, prior to. issuance of such ceniticate. .
Il) It is forth.. unden;tood and agreed that the \Jnderwril<rs waive their rights of subrogation against any pet'llon or
organk"lion. to whom the Named Assured is obligated by written contract to provide such 'Naiver, but only to the
extent of such obligation and only with respeot to' operations by or on bebalf cf the Named Assured or to the
facilities of'or used by Named Assured.
NotwJtl~'tJmding lbe' above, such waiver of rights of subrogation by Underwriftors shall not apply to contJao!i,
between the Named Assured and subcontractors or employees of the Named Assured.
III :-Iotwitbstanding Commercial Marine LiabilitJ General Conditions Section 7 Item 5 Ow Insurance, coverage
lmde, this pOlicy affol\ied to the Additional Assured scheduled below will apply a5 pri.narJ immance where
required by contract, and any other insurance issued to .ucb Additional Assured shall appiy as exce.s and
!loncGnf:1ibutory t'OSurance.
ALL OTHER TERMS, CONJlITIONS, LIMIT" TIO"lS AND EXCLUSIONS REMAIN tiNCH"NGE:D.
Kelly Brorhe.. Inc,
PoI.icy "io: LBNOOJZ32008
Page 39
Commercial Marine Liability
Effec'IY<: Augu.t \, 2008
168 8
EXHIBIT B
INSURANCE REQUIREMENTS
(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. If Contractor has any self-insured retentions or deductibles under any of the below listed
minimum required coverages, Contractor must identify on the Certificate of Insurance the nature and
amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial
responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole
responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits specified
herein or required by law, whichever is greater.
(3) Coverage's 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 and in the form set forth in
Attachment I to this Exhibit B shall be filed with the Owner within ten (10) calendar days after Notice
of Award is received by Contractor evidencing the fact that Contractor has acquired and put in place
the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of
all insurance policies required shall be provided to Owner, on a timely basis, if requested by Owner.
(5) The Contractor and/or its insurance carrier shall provide 30 days written notice to the Owner of
policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. Contractor
shall also notify Owner, in a like manner, within twenty-four (24) hours after receipt, of any notices of
expiration, cancellation, non-renewal or material change in coverages or limits received by Contractor
from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor
hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full
extent permitted under such policy.
(6) All insurance coverage's of the Contractor shall be primary to any insurance or self insurance
program carried by the Owner applicable to this Project.
(7) 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.
(8) Contractor shall require each of its Subcontractors to procure and maintain, until the
completion of the subcontractors 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.
(9) Should at any time the Contractor not maintain the insurance coverage's required herein, the
Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such
GC-CA-B-1
168 8
coverage's and charge the Contractor for such coverage's purchased. If Contractor fails to reimburse
Owner for such costs within thirty (30) days after demand, Owner has the right to offset these costs
from any amount due Contractor under this Agreement or any other agreement between Owner and
Contractor. The Owner shall be under no obligation to purchase such insurance, nor shall it be
responsible for the coverage's purchased or the insurance company or companies used. The
decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a
waiver of any of its rights under the Contract Documents.
(10) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion
of the Work or termination of the Agreement, the Contractor shall furnish to the Owner, renewal or
replacement Certificate(s) of Insurance not later than ten (10) calendar days after the date of their
expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be
considered justification for the Owner to terminate the Agreement.
(11) All insurance policies required by this Agreement shall include the following provisions and
conditions by endorsement to the policies:
11.1 All insurance policies, other than the Business Automobile and Workers Compensation
policies, provided by Contractor to meet the requirements of this Agreement shall name
Collier County, Florida, as an additional insured as to the operations of Contractor under
this Agreement and shall contain a severability of interests provisions.
11.2. Companies issuing the insurance policy or policies shall have no recourse against
Owner for payment of premiums or assessments for any deductibles which all are at the
sole responsibility and risk of Contractor.
11.3. All insurance coverages of Contractor shall be primary to any insurance or self-
insurance program carried by Owner applicable to this Project, and the "Other
Insurance" provisions of any policies obtained by Contractor shall not apply to any
insurance or self-insurance program carried by Owner applicable to this Project.
11.4. The Certificates of Insurance, which are to be provided on the form set forth in
Attachment I to this Exhibit B, must identify the specific Project name, as well as the site
location and address (if any).
11.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be
construed in accordance with the laws of the State of Florida.
//
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY /'
Required by this Agreement? [;):<:J Yes 0 No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
Contractor during the term of this Agreement for all employees engaged in the work under this
Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall
not be less than:
a. Worker's Compensation - Florida Statutory Requirements
GC-CA-B-2
168 8
b. Employers' Liability
X $1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights 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.
D Applicable ~ Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the
work.
D Applicable ~ Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? ~ Yes D No
(1) Commercial General Liability Insurance shall be maintained by the Contractor on an
occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage,
Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form
Property Damage including Completed Operations and Products and Completed Operations
Coverage. Limits of Liability shall not be less than the following:
~
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$ 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) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such
coverage shall be primary to any similar coverage carried by the Owner.
(4) Coverage shall be included for explosion, collapse or underground property damage claims.
(5) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the
completion of the work under this Agreement.
GC-CA-B-3
168 8
D Applicable ~Not Applicable
(6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if
applicable to the completion of the work under this Agreement.
D Applicable ~ Not Applicable
PROPERTY INSURANCE - BUILDERS RISK
(1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do
business in the State of Florida and in Collier County, property insurance in the amount of the initial
Contract Amount as well as subsequent modifications thereto for the entire Work at the site on a
replacement cost basis without voluntary deductibles. Such property insurance shall be maintained,
unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons
and entities who are beneficiaries of such insurance, until final payment has been made or until no
person or entity other than the Owner has an insurable interest in the property required to be covered,
whichever is earlier. This insurance shall include interests of the Owner, the Contractor,
Subcontractors, Sub~subcontractors and Material Suppliers in the Work.
(2) Property insurance shall be on an all-risk policy form 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 and windstorm insurance will also be purchased.
(3) 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-risk policy described above shall be limited to a maximum of
$5,000 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 or
windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of
$5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract
Documents.
(4) This property insurance shall cover portions of the Work stored off the site after written
approval of the Owner at the value established in the approval, and also portions of the Work in
transit.
(5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and
maintaining boiler and machinery insurance required by the Contract Documents or by law, which
shall specifically cover such insured objects during installation and until final acceptance by the
Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors
and Sub-subcontractors in the Work.
(6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and
any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the
Design Professional, and Design Professional's subconsultants, for damages caused by fire or other
perils to the extent of insurance proceeds actually received by Owner under property insurance
obtained pursuant to this Exhibit or other any property insurance applicable to the Work, except such
GC-CA-B-4
161 8
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.
(7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made
payable to the Owner for the insured, as their interests may appear.
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? l2'J Yes D No
(1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership,
maintenance or use of any owned, non~owned or hired vehicle with limits of not less than:
~ Bodily Injury & Property Damage - $ 2,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if
so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability,
and Automobile Liability coverage's and shall include all coverage's on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of any
underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as
primary insurance.
GC-CA-B-5
From: Gulfshore Insurance, Inc.
Client#: 64277
To: Kristen
Page: 1./6
Date, 3130/2009 'h lH6 AM
KELBR2
ACORD,"
CERTIFICATE OF LIABILITY INSURANCE
MIODIYY
03130/2009
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 BELOW.
PRODUCER
Gulfshore Insurance, Inc.
4100 Goodlette Road N
Naples, FL 34103,3303
239 261,3646
Kelly Brothers, Inc.
15775 Pine Ridge Rd.
Ft Myers, FL 33908
INSURERS AFFORDING COVERAGE
INSURER A; National liability & Fire
INSURER B Seabright Insurance CO.
INSURERC Amerisure Insurance Company
INSURER D.
NAIC#
INSURED
INSURER E.
COVERAGES
THE POLICIES OF INSU~NCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLlCY:>ERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH R::SPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AN~ CONDITIONS OF SUCH
POLICIES. AGG~EGATE LIMITS SHOWN MAY HAVE BEEN R:::DUCC:D BY PAID CLAIMS
TYPE Of. INSURANCE POLlCY NUMBER I P.PA~CY EFFECTIVE POLICY EXPIRATION LIMITS
LTR
A X ~Nt:RAL L1ABIUTY LBN00323 08/01108 08101109 EACH OCCURRENCE 11 000000
X COMMERCIAL GENERAL L1A1'lILlTY R~~~~r9,}:~ENTED '50 000
I CLAIMS MADE [K] OCCUR MED EXP (Ary ona par,,~n) .5000
1L ShiD Reoairers Lenal PERSONAL & ADV INJURY '1 000 000
~ .salvors Leaal GENERAL AGGREGATE .2 000 000
flLAGG:EAE L1M T AlAS PER: PRODUCTS. COMP/OP AGG .2 000 000
POLICY ~[;,9T LOC
c ~TOMOBILE UABlUTY CA 101590300 08/01/08 08101109 COMBINED SINGLE LIMIT
~ ANY AlITa /Eaaccuool) 51,000,000
~ ALL OWNED AUTOS BOOIL v INJURY
.
SCHEDULED AUTOS (ParpersOllI
.....
~ HIRED AUTOS BODIL v INJURY
.
~ NON-OWNED AUTOS (Paraccidanl)
~ PROPERTY DAMAGE .
(PeracQQeIll)
q~G' COA.'LnV AUTO ONLY - EA ACCIDENT I
ANV AUIO OTHER THAN l:AACC ,
AUTO ONLY. AGG .
A @ESs/UIIIBRELlAUABILITY LBN00324 08101108 08/01/09 EACH OCCURRENCF '5 000 000
X OCCUR D CLAIMS MADE AGGREGATE: .5 000 000
.
f;i ~EOUC 'be> .
X RETENTiON l 25 000 l
B WORKERS COMPENSATION AND BB 1 080489 08/01/08 08/01/09 X I T'f!.~VS:~~~~ I IOJ~-
EMPLOYERS' LIABILITY .1 000000
ANY PROPRIETOR!PAR1NERlFXFCUTIVE E.L. EACH ACCIDENT
OFFICERJMEMBER EXCLUDED? EL DISEASI: . EA EMPLOYEE .1,000,000
Ifyas,descrilleunQer EL DISEASE. POLICY LIMIT .1,000,000
SPECAl PROViSIONS below
A OTHER P&lfJones HBNOO068 08/01/08 08/01109 $1,000,000
A Hull HBNOO068 08101/08 08/01109 $1,100,000
A Enuinment HBNOO068 08/01/08 08101109 $875000
DESCRIPTION OF OPERATIONS f LOCATIONS {VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Contract #08,5135, Bridge Repairs (Chokoloskee, Goodland, Green Boulevard, & Oil Well
Road),
Collier County, Florida is Named as Additional Insured on a primary basis with Respects
to General Liability Only as needed by contract, per endorsement #7. Waiver of Subrogation
(See Attached Descriptions)
CERTIFICATE HOLDER
CANCELLATION
Collier County Government Center
-Purchasing Department
3301 E. Tamiami Trail
Naples, FL 34112
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL .....=10. DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR UABILITY Of ANY KIND UPON THE INSURER, ITS AGENTS OR
ACORD 25 (2001/08) 1 of 3
#S352881/M338742
JPE
@ ACORD CORPORATION 1988
.From: Gulfshore Insurance, Inc.
To: Kristen
Pag" 3/6
Dat" 3/3LljllX19 H5AJ A.M
IMPORTANT
If the certificate holder IS an ADDITIONAL INSURED. the policy(ies) must be endorsed. A slatement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGA nON IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificale
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s}, authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25,S (2001108)
2 013
#S3528811M338742
From: Gutfshore Insurance, Inc.
To: Kristen
Pag" 4/6
Da'" J/30/2009 '/J),r; AM
168
(
(.,
DESCRIPTIONS (Continued from Page 1)
under Workers Compensation in favor of Collier County, Florida as needed by contract per
blanket form WC000313 0484. '30 days notice of cancellation, except 10 days for
nonpayment. Workers Compensation/ Employers Liability include US Longshore & Harbor Workers
and FL Maritime Employers Liability. Umbrella! ExcBss is Bumbershoot Liability extending
limits of General Liability/Marine Liability, Auto Liability, Protection & Indemnity, and
Employers Liability.
AMS 25.3 (2001108)
3 of3
#S3528811M338742
From: Gulfshore Insurance, Inc To: Krist/.'n Page: )/6 Date: 3/30/2009,/:1):47 AM
168 8
wc 00 0313
(Ed. 4-84)
WORKERS COMPENSATION AND EMPLOYERS LIABilITY INSURANCE POLICY
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENOORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our
right against the person or organization named in the Schedule. (This agreement applies only to the extent that you
perform work under a written contract that requires you to obtain this agreement from us.)
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
WHERE REQUIRED BY WRITTEN CONTRACT, PROVIDED THE
CONTRACT IS SIGNED AND DATED PRIOR TO THE DATE OF
LOSS TO WHICH THIS WAIVER APPLIES. IN NO INSTANCE
SHALL THE PROVISIONS AFFORDED BY THIS ENDORSEMENT
BENEFIT ANY COMPANY OPERATING AIRCRAFT FOR HIRE.
This endorsement changes the polley to which ills attached and Is effective on the date Issued unless otherwise staled.
(The information below Is required only when this endorsement is issued subsequenllo preparation of the policy,)
Endorsement Effective
Insured
I nsurance Com pany
08101/08 Policy No. BB1080489
Kelly Brothers Inc
SeaBright Insurance Company
Coo,""",,, By <:::7:# jJ~
Endorsement No.
Policy Effective Date
6
08/01/08
WCOO0313
(Ed. 4-84)
copyright 1983 National Council on Compensation Insurance.
horn: C3ulfshore Insurance, Ine
To: Kristen
Page: 6/6
Da'" 3/30/2009 H5A8 AM
168 8
SlARR*MARINE
~;NDORSEMENT NO., 1 EWECTIVE: !Z:Ol A.M., AU2Ustl. 2008.
A1TACHED TO A~-.o FORMING PART OF POLlCY NO.: (,8N0032320D8.
OF THE: ~~naJ Llal.>i1itv &: Fir. losuran.. Comoan..
ISSr:t;n TO' J(.Uv Brother.. 10..
ADDl'lJONAL ASSURED/LOSS '''YE&IWAlVEIl. OF SUBROGATION CLJ.l'SES
[) ft is ht:reb';" under~t4'lot.l and agreed that this Policy shalJ inclu.de as Additional AssltJ'.eds or Loss Pliy[>es~ 1m)' pe!!lion .
or orp:anizatiOJ! to whom the Named As~ured has agreed, by written contract. to p'.~~Vl'i.t' l:lJVerilge, but only witb .
!t::ipect to \lperabor..s performed by or en behlltf of th~: ~amed Assured and (JJ:ly wIth res:';tect ~(l O-:Cl~nces
~ll/:l5CGuent to the Ulakiug of such ~Titten contrad,
~otwit\uiandmg t.h~ l}WVC1 it is furtherlUldtntond IU!d agJeed that wherever Addilicmal A~sur~d~ err Loos P..yees
arc add(::d to tins polk, it is specifi(,al-I)' agreed:
Al . Such Additional Assureds or Loss Paye"" arr. included only with lespect to sucn a<.:oJ,iti... im,ulw by \hi,
polic.yas would exist in the, absence of lite naming of Additlonal Assurp.:ds (If 1.0-'8 Pa)'f'e~ and coverage'
he~euncier shaH in no way be ~Onclldtred extended by the inclusion of Additk,rUtl ~~.ss.ul'ed'5 or Loss
Paye.::s.
B) The induslon of Additioual A:ssureds Q~ lollS Pa)~es in no way increas~ ~h(; Jimi~ ofliahih.ty hereunder:,
C) rr.. ~ht' ~"ellt of cancellation 01' char.g~ in policy coverage unless specitical1,y .end<"rlicJ in W.tlMg to the
conu<.'.ry hctt:o!1, no obligation if> lmpJsc.d on this company to send notice ofci:l.m~ellati(m (lr chang~ #)1'
CfrY'(iitgr to an Additional A!{sured \11' -Loss Payee and notice to the- origtmd IUltr.ed assured shall
d",harge ali obligations "f .bis company h~eunder. This company sha:! not be .eq..ired,lo notify
Additional A~J5ureds or Loss Payees of any canceJiation received from tht: origmal a~sured he:r.eon.
III Any r~quest for a -certificate': .involving Don-marine contracts whose t01al wntra('.t .valui:l excef?ds S% of
tho Na.""d Asmm:d's Proje<ted Gr= Receipts as advised to Undetwriters at incepliun, milsl borefetred
to Underwriters for approval, prior to issuance of such certificate. .
II) It is furt.lu:. understood and agreed that the \Jnderwrirers waive their righ.ts of subrogation against 8Jl..V person or
orrarJi7.atioDf to whom the Named Assured is obligated by written contract to provide such .~iver, but only to tht
ex.ent of such obligation and only with re,,,,ol to' operations by 01 on b.half of the Named "'.aured or to tho
iacilitie,; l")f"or used by Named Assured,
NUlwlthsfllnding the' above. sucn waiver of rights of subrogation by Underwriter, .~al1 not apply to conh",,-ti,
between the Named Assured and subcontractors or employees of the Named Assured,
J[J :-Iotwithstanding Commelcial Marine Lisbilitl General Conditions Section 7 Item 5 Q!..l!l:r lnsulOuce, coverage
nnder this policy a!Till.led to the Additional Assured scheduled below will apply as pri.T18Tf inaUlance wnere
required by con-tract, and any other insurance .issued to bllth Additional Assured shall appiy 19 excess and
'loncOIluibutory ill3wance.
.\1.L OTHER TERMS, CONDITIONS, Ll.MlTATl~S AND EXCLUSIONS REMAIN liNCR,\NCiEO.
K.Uj' Brolh.rs Inc.
I'ol.l.y llio: LBNOD3l320D8
Page 39
Commercial Marine LiabUlty
Rn....ln: August 1, 2008
hom: Gulfshore Insurance, Inc. To: Kristen Page: 1/6 Date: 3/30/2009 'i:li46 AM
16 B .8
.~
GULFSHORE
INSURANCE
FAX TRANSMISSION
To: Kris ten
Fax: 4828014
From:
Jackie Pettis
Gulfshore Insurance, Inc.
Ph: 239-435-1475
Fax: 239-213-2838
Enlail: jpettis@gulfshoreinsurance.com
Subject:
Certificate of Insurance
Message:
PLEASE NOTE: During period of TroPical Stonn iKtivity, binding restrictions may prevent us from obtaining
property or autn physical damage coverage on the desired effective date. \Ve may be unable to bmd your coverage untd
after the storm has passed.
4]00 Goodlette Road North, Naples, Florida 34103 GulfshoreInsurance.com 239.261.3646 Fax 239.435.0598
Naples, Florida Fort Myers, Florida Marco Island, Florida
168 8
EXHIBIT C
RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER
STATE OF FLORIDA)
Before me. the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $ paid,
("Contractor") releases and waives for itself and it's subcontractors.
material-men, successors and assigns. all claims demands, damages, costs and expenses. whether in contract or in tort.
against the Board of County Commissioners of Collier County. Florida, relating in any way to the performance of the
Agreement between Contractor and Owner dated . 2008 for the period from
to , excluding all retainage withheld and any pending claims or
disputes as expressly specified as follows:
(2) Contractor certifies for itself and its subcontractors, material-men. successors and assigns, that all charges for
labor, materials. supplies, lands. licenses and other expenses for which Owner might be sued or for which a lien or a
demand against any payment bond might be filed, have been fully satisfied and paid.
(3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from
all demands or suits. actions. claims of liens or other charges filed or asserted against the Owner arising out of the
performance by Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No
CONTRACTOR
BY:
ITS:
President
DATE:
Witnesses
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of , 2008. by
. as of . a
corporation, on behalf of the corporation. He/she is personally known to me or has produced
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No.:
GC-CA-C-1
16 B ~8
EXHIBIT D
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER)
Bid No.
Project No.
Application Date
FROM:
(Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
RE:
(Project Name)
Original Contract Time:
Revised Contract Time:
%
%
Original Contract Price: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
Less Retainage $
Less previous payment (s) $
AMOUNT DUE THIS
APPLICATION: $
Retainage @ 10% thru[insert date] $
Retainage @ _ % after [insert date] $
=
Percent Work completed to Date:
Percent Contract Time completed to Date
Liquidated Damages to be Accrued $
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 _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise iisted
in or covered by this Application for Paymenl'will 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.
By CONTRACTOR: (Contractor's Name)
(Signature) DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional:
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager:
(Signature) DATE
(Type Name and Title)
GC-CA-D-1
,
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TO:
Project Name:
Bid No.:
Change Order No.:
Change Order Description
EXHIBIT E
CHANGE ORDER
FROM: Collier County Government
Construction Agreement Dated:
Date:
Original Agreement Amount ... .................. ........... ........................$
Sum of previous Change Orders Amount ... ...................................$
This Change Order Amount ...... ................ ...................................$
Revised Agreement Amount... ..... ........... .,.......... ..... ... ...... ... .,. .,...... $
Original Contract Time in calendar days
Adjusted number of calendar days due to previous Change Orders
This Change Order adjusted time is
Revised Contract Time in calendar days
Original Notice to Proceed Date
Completion date based on original Contract Time
Revised completion date
Contractor's acceptance of this Change Order shall constitute a modification to the Agreement
and will be performed subject to all the same terms and conditions as contained in the
Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the
Agreement shall constitute a full and final settlement of any and all claims of the Contractor
arising out of, or related to. the change set forth herein, including claims for impact and delay
costs.
Prepared by: Date:
Project Manager
Recommended by:
Design Professional
Date:
Accepted by:
Date:
Contractor
Approved by:
Date:
Department Director
Approved by:
Date:
Division Administrator
Approved by:
Date:
Date:
Object Code:
Project
GC-CA-E-5
168 8
EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
Design Professional's Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof:
To
OWNER
And
To
Substantial Completion is the state in the progress of the Work when the Work (or designated
portion) is sufficiently complete in accordance with the Contract Documents so that the Owner
can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has
been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN
PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the
requirements of the Contract Documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive,
and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all
the Work in accordance with the Contract Documents. The items in the tentative list shall be completed
or corrected by CONTRACTOR within days of the above date of Substantial Completion.
GC-CA-F-1
168 8
The responsibilities between OWNER and CONTRACTOR for security, operation, safety. maintenance.
heat. utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the
Contract Documents.
Executed by Design Professional on
,2008
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,2008
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
.2008
OWNER
By:
Type Name and Title
GC-CA-F-2
16fIJ $
EXHIBIT G
FINAL PAYMENT CHECKLIST
Bid No.: Project No.: Date:
Contractor:
The following items have been secured by the
for the Project known as
.2008
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract Amount: Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement: Calendar Days.
Actual Date of Substantial Completion:
Final Completion Time as set forth in the Agreement: Calendar Days.
Actual Final Completion Date:
YES NO
1. All Punch List items completed on
2. Warranties and Guarantees assigned to Owner (attach to this form).
3. Effective date of General one year warranty from Contractor is:
4. 2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
5. As-Built drawings obtained and dated:
6. Owner personnel trained on system and equipment operation.
7. Certificate of Occupancy No.:
issued on (attach to this form).
8. Certificate of Substantial Completion issued on
9. Final Payment Application and Affidavits received from Contractor on:
10. Consent of Surety received on
11. Operating Department personnel notified Project is in operating phase.
12. All Spare Parts or Special Tools provided to Owner:
13. Finished Floor Elevation Certificate provided to Owner:
14. Other:
If any of the above is not applicable. indicate by N/A.
explanation.
Acknowledgments:
By Contractor:
If NO is checked for any of the above. attach
(Company Name)
(Signature)
(Typed Name & Title)
By Design
Professional:
(Firm Name)
(Signature)
(Typed Name & Title)
(Department Name)
(Signature)
(Name & Title)
By Owner:
GC-CA-G-1
168 8
EXHIBIT H
GENERAL TERMS AND CONDITIONS
1, INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a functionally complete
Project (or portion thereof) to be constructed in accordance with the Contract
Documents. Any work, materials or equipment that may reasonably be inferred from
the Contract Documents as being required to produce the intended result shall be
supplied whether or not specifically called for. When words which have a well known
technical or trade meaning are used to describe work, materials or equipment, such
words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals or codes of any technical society, organization or association or
to the laws or regulations of any governmental authority having jurisdiction over the
Project, whether such reference be specific or by implication, shall mean the latest
standard specification, manual, code, law or regulation in effect at the time the Work is
performed, except as may be otherwise specifically stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict,
error or discrepancy in the Contract Documents, Contractor immediately shall report
same to the Project Manager in writing and before proceeding with the Work affected
thereby shall obtain a written interpretation or clarification from the Project Manager;
said interpretation or clarification from the Project Manager may require Contractor to
consult directly with Design Professional or some other third party, as directed by
Project Manager. Contractor shall take field measurements and verify field conditions
and shall carefully compare such field measurements and conditions and other
information known to Contractor with the Contract Documents before commencing any
portion of the Work.
1.3 Drawings are intended to show general arrangements, design and extent of Work
and are not intended to serve as shop drawings. Specifications are separated into
divisions for convenience of reference only and shall not be interpreted as establishing
divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the
event of a discrepancy between or among the drawings, specifications or other Contract
Document provisions, Contractor shall be required to comply with the provision which is
the more restrictive or stringent requirement upon the Contractor, as determined by the
Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws,
fittings, fillers, hardware, accessories, trim and other parts required in connection with
any portion of the Work to make a complete, serviceable, finished and first quality
installation shall be furnished and installed as part of the Work, whether or not called for
by the Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of
satisfying itself concerning the nature and location of the Work and the general and
local conditions, and particularly, but without limitation, with respect to the following:
those affecting transportation, access, disposal, handling and storage of materials;
GC-CA-H-1
168 8
availability and quality of labor; water and electric power; availability and condition of
roads; work area; living facilities; climatic conditions and seasons; physical conditions at
the work-site and the project area as a whole; topography and ground surface
conditions; nature and quantity of the surface materials to be encountered; subsurface
conditions; equipment and facilities needed preliminary to and during performance of
the Work; and all other costs associated with such performance. The failure of
Contractor to acquaint itself with any applicable conditions shall not relieve Contractor
from any of its responsibilities to perform under the Contract Documents, nor shall it be
considered the basis for any claim for additional time or compensation.
2.2 Contractor shall locate all existing roadways, railways, drainage facilities and
utility services above, upon, or under the Project site, said roadways, railways, drainage
facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities".
Contractor shall contact the owners of all Utilities to determine the necessity for
relocating or temporarily interrupting any Utilities during the construction of the Project.
Contractor shall schedule and coordinate its Work around any such relocation or
temporary service interruption. Contractor shall be responsible for properly shoring,
supporting and protecting all Utilities at all times during the course of the Work. The
Contractor is responsible for coordinating all other utility work so as to not interfere with
the prosecution of the Work (except those utilities to be coordinated by the Owner as
may be expressly described elsewhere in the Contract Documents).
2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions
are encountered at the Project site which are (i) subsurface or otherwise concealed
physical conditions which differ materially from those indicated in the Contract
Documents or (ii) unknown physical conditions of an unusual nature, which differ
materially from those ordinarily found to exist and generally recognized as inherent in
construction activities of the character provided for in the Contract Documents, and
which reasonably should not have been discovered by Contractor as part of its scope of
site investigative services required pursuant to the terms of the Contract Documents,
then Contractor shall provide Owner with prompt written notice thereof before conditions
are disturbed and in no event later than three (3) calendar days after first observance of
such conditions. Owner and Design Professional shall promptly investigate such
conditions and, if they differ materially and cause an increase or decrease in
Contractor's cost of, or time required for, performance of any part of the Work, Owner
will acknowledge and agree to an equitable adjustment to Contractor's compensation or
time for performance, or both, for such Work. If Owner determines that the conditions at
the site are not materially different from those indicated in the Contract Documents or
not of an unusual nature or should have been discovered by Contractor as part of its
investigative services, and that no change in the terms of the Agreement is justified,
Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in
opposition to such determination by Owner must be made within seven (7) calendar
days after Contractor's receipt of Owner's written determination notice. If Owner and
Contractor cannot agree on an adjustment to Contractor's cost or time of performance,
the dispute resolution procedure set forth in the Contract Documents shall be complied
with by the parties.
GC-CA-H-2
168 8
3. SCHEDULE.
3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award,
shall prepare and submit to Project Manager, for their review and approval, a progress
schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall
relate to all Work required by the Contract Documents, and shall utilize the Critical Path
method of scheduling and shall provide for expeditious and practicable execution of the
Work within the Contract Time. The Progress Schedule shall indicate the dates for
starting and completing the various stages of the Work.
3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly
updates to the Progress Schedule shall be subject to the Project Manager's review and
approval. Contractor shall submit the updates to the Progress Schedule with its
monthly Applications for Payment noted below. The Project Manager's review and
approval of the submitted Progress Schedule updates shall be a condition precedent to
the Owner's obligation to pay Contractor.
3.3 All work under this Agreement shall be performed in accordance with the
requirements of all Collier County Noise Ordinances then in effect. Unless otherwise
specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday
through Friday. No work shall be performed outside the specified hours without the
prior approval of the Project Manager.
4. PROGRESS PAYMENTS.
4.1 Prior to submitting its first monthly Application for Payment, Contractor shall
submit to Project Manager, for their review and approval, a schedule of values based
upon the Contract Price, listing the major elements of the Work and the dollar value for
each element. After its approval by the Project Manager, this schedule of values shall
be used as the basis for the Contractor's monthly Applications for Payment. This
schedule shall be updated and submitted each month along with a completed copy of
the Application for Payment form signed by the Contractor's authorized representative
and attached to the Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall
provide to the Project Manager the list of its Subcontractors and materialmen submitted
with its Bid showing the work and materials involved and the dollar amount. of each
subcontract and purchase order. Contractor acknowledges and agrees that any
modifications to the list of Subcontractors submitted with Contractor's Bid and any
subsequently identified Subcontractors are subject to Owner's prior written approval.
The first Application for Payment shall be submitted no earlier than thirty (30) days after
the Commencement Date. Notwithstanding anything herein to the contrary, if approved
by Owner in its sole discretion, Contractor may submit its invoice for any required
Payment and Performance Bonds prior to the first Application of Payment provided that
Contractor has furnished Owner certified copies of the receipts evidencing the premium
paid by Contractor for the bonds.
GC-CA-H-3
168 8
4.3 Unless expressly approved by Owner in advance and in writing, said approval at
Owner's sole discretion, Owner is not required to make any payment for materials or
equipment that have not been incorporated into the Project. If payment is requested on
the basis of materials and equipment not incorporated into the Project, but delivered
and suitably stored at the site or at another location, and such payment and storage
have been agreed to by Owner in writing, the Application for Payment also shall be
accompanied by a bill of sale, invoice or other documentation warranting that the Owner
has received the materials and equipment free and clear of all liens, charges, security
interests and encumbrances, together with evidence that the materials and equipment
are covered by appropriate property insurance and other arrangements to protect
Owner's interest therein, all of which shall be subject to the Owner's satisfaction.
Thereafter, with each Application for Payment, Contractor also shall complete and
submit to Owner as part of its Application for Payment, the Stored Materials Record
attached hereto and made a part hereof as Exhibit D.
4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to
the Project Manager or his or her designee, as directed by Owner (which designee may
include the Design Professional). After the date of each Application for Payment is
stamped as received and within the timeframes set forth in Section 218.735 F.S., the
Project Manager, or Design Professional, shall either: (1) Indicate its approval of the
requested payment; (2) indicate its approval of only a portion of the requested payment,
stating in writing its reasons therefore; or (3) return the Application for Payment to the
Contractor indicating, in writing, the reason for refusing to approve payment. Payments
of proper invoices in the amounts approved shall be processed and paid in accordance
with Section 218.735, F.S. and the administrative procedures established by the
County's Purchasing Department and the Clerk of Court's Finance Department
respectively.
In the event of a total denial by Owner and return of the Application for Payment by the
Project Manager, the Contractor may make the necessary corrections and re-submit the
Application for Payment. The Owner shall, within ten (10) business days after the
Application for Payment is stamped and received and after Project Manager approval of
an Application for Payment, pay the Contractor the amounts so approved.
4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly
payment request or ten percent (10%) of the portion thereof approved by the Project
Manager for payment, whichever is less. Such sum shall be accumulated and not
released to Contractor until final payment is due unless otherwise agreed to by the
Owner in accordance with Florida Statute 255.078. The Project Manager shall have the
discretion to establish, in writing, a schedule to periodically reduce the percentage of
cumulative retainage held through out the course of the Project schedule. Owner shall
reduce the amount of the retainage withheld on each payment request subsequent to
fifty percent (50%) completion subject to the guidelines set forth in Florida Statute
255.078 and as set forth in the Owner's Purchasing Policy.
GC-CA-H-4
168 8
4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of
Contractor's Work.
4.7 Each Application for Payment, subsequent to the first pay application, shall be
accompanied by a Release and Affidavit, in the form attached as Exhibit C,
acknowledging Contractor's receipt of payment in full for all materials, labor, equipment
and other bills that are then due and payable by Owner with respect to the current
Application for Payment. Further, to the extent directed by Owner and in Owner's sole
discretion, Contractor shall also submit a Release and Affidavit from each
Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C
acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in
full through the previous month's Application for Payment. The Owner shall not be
required to make payment until and unless these affidavits are furnished by Contractor.
4.8 Contractor agrees and understands that funding limitations exist and that the
expenditure of funds must be spread over the duration of the Project at regular intervals
based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting
its first monthly Application for Payment, Contractor shall prepare and submit for Project
Manager's review and approval, a detailed Project Funding Schedule, which shall be
updated as necessary and approved by Owner to reflect approved adjustments to the
Contract Amount and Contract Time. No voluntary acceleration or early completion of
the Work shall modify the time of payments to Contractor as set forth in the approved
Project Funding Schedule.
4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor
acknowledges and agrees that in the event of a dispute concerning payments for Work
performed under this Agreement, Contractor shall continue to perform the Work
required of it under this Agreement pending resolution of the dispute provided that
Owner continues to pay Contractor all amounts that Owner does not dispute are due
and payable.
5. PAYMENTS WITHHELD.
5.1 The Project Manager may decline to approve any Application for Payment, or
portions thereof, because of subsequently discovered evidence or subsequent
inspections that reveal non-compliance with the Contract Documents. The Project
Manager may nullify the whole or any part of any approval for payment previously
issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as
may be necessary in the Owner's opinion to protect it from loss because of:
(a) defective Work not remedied; (b) third party claims filed or reasonable evidence
indicating probable filing of such claims; (c) failure of Contractor to make payment
properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt
that the Work can be completed for the unpaid balance of the Contract Amount; (e)
reasonable indication that the Work will not be completed within the Contract Time; (f)
unsatisfactory prosecution of the Work by the Contractor; or (g) any other material
breach of the Contract Documents by Contractor.
GC-CA-H-5
168 8
5.2 If any conditions described in 5.1. are not remedied or removed, Owner may,
after three (3) days written notice, rectify the same at Contractor's expense. Provided,
however, in the event of an emergency, Owner shall not be required to provide
Contractor any written notice prior to rectifying the situation at Contractor's expense.
Owner also may offset against any sums due Contractor the amount of any liquidated or
non-liquidated obligations of Contractor to Owner, whether relating to or arising out of
this Agreement or any other agreement between Contractor and Owner.
6. FINAL PAYMENT.
6.1 Owner shall make final payment to Contractor in accordance with Section
218.735, F.S. and the administrative procedures established by the County's
Purchasing Department and the Clerk of Court's Finance Department after the Work is
finally inspected and accepted by Project Manager as set forth with Section 20.1 herein,
provided that Contractor first, and as an explicit condition precedent to the accrual of
Contractor's right to final payment, shall have furnished Owner with a properly executed
and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly
executed copy of the Surety's consent to final payment and such other documentation
that may be required by the Contract Documents and the Owner. Prior to release of
final payment and final retainage, the Contractor's Representative and the Project
Manager shall jointly complete the Final Payment Checklist, a representative copy of
which is attached to this Agreement as Exhibit G.
6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and
all claims by Contractor against Owner arising out of this Agreement or otherwise
relating to the Project, except those previously made in writing in accordance with the
requirements of the Contract Documents and identified by Contractor as unsettled in its
final Application for Payment. Neither the acceptance of the Work nor payment by
Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of
Contractor hereunder or to the recovery of damages for defective Work not discovered
by the Design Professional or Project Manager at the time of final inspection.
7. SUBMITTALS AND SUBSTITUTIONS.
7.1 Contractor shall carefully examine the Contract Documents for all requirements
for approval of materials to be submitted such as shop drawings, data, test results,
schedules and samples. Contractor shall submit all such materials at its own expense
and in such form as required by the Contract Documents in sufficient time to prevent
any delay in the delivery of such materials and the installation thereof.
7.2 Whenever materials or equipment are specified or described in the Contract
Documents by using the name of a proprietary item or the name of a particular supplier,
the naming of the item is intended to establish the type, function and quality required.
Unless the name is followed by words indicating that no substitution is permitted,
materials or equipment of other suppliers may be accepted by Owner if sufficient
information is submitted by Contractor to allow the Owner to determine that the material
or equipment proposed is equivalent or equal to that named. Requests for review of
substitute items of material and equipment will not be accepted by Owner from anyone
GC-CA-H-6
168 8
other than Contractor and all such requests must be submitted by Contractor to Project
Manager within thirty (30) calendar days after Notice of Award is received by
Contractor, unless otherwise mutually agreed in writing by Owner and Contractor.
7.3 If Contractor wishes to furnish or use a substitute item of material or equipment,
Contractor shall make application to the Project Manager for acceptance thereof,
certifying that the proposed substitute shall adequately perform the functions and
achieve the results called for by the general design, be similar and of equal substance
to that specified and be suited to the same use as that specified. The application shall
state that the evaluation and acceptance of the proposed substitute will not prejudice
Contractor's achievement of substantial completion on time, whether or not acceptance
of the substitute for use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for the Project)
to adapt the design to the proposed substitute and whether or not incorporation or use
by the substitute in connection with the Work is subject to payment of any license fee or
royalty. All variations of the proposed substitute from that specified will be identified in
the application and available maintenance, repair and replacement service shall be
indicated. The application also shall contain an itemized estimate of all costs that will
result directly or indirectly from acceptance of such substitute, including costs for
redesign and claims of other contractors affected by the resulting change, all of which
shall be considered by the Project Manager in evaluating the proposed substitute. The
Project Manager may require Contractor to furnish at Contractor's expense additional
data about the proposed substitute.
7.4 If a specific means, method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents, Contractor may furnish or utilize a
substitute means, method, sequence, technique or procedure of construction
acceptable to the Project Manager, if Contractor submits sufficient information to allow
the Project Manager to determine that the substitute proposed is equivalent to that
indicated or required by the Contract Documents. The procedures for submission to
and review by the Project Manager shall be the same as those provided herein for
substitute materials and equipment.
7.5 The Project Manager shall be allowed a reasonable time within which to evaluate
each proposed substitute and, if need be, to consult with the Design Professional. No
substitute will be ordered, installed or utilized without the Project Manager's prior written
acceptance which shall be evidenced by a Change Order, a Work Directive Change, a
Field Order or an approved Shop Drawing. The Owner may require Contractor to
furnish at Contractor's expense a special performance guarantee or other surety with
respect to any substitute. The Project Manager will record time required by the Project
Manager and the Project Manager's consultants in evaluating substitutions proposed by
Contractor and making changes in the Contract Documents occasioned thereby.
Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse
Owner for the charges of the Design Professional and the Design Professional's
consultants for evaluating each proposed substitute.
GC-CA-H-7
16'8' 8
8. DAILY REPORTS, AS-BUlL TS AND MEETINGS.
8.1 Unless waived in writing by Owner, Contractor shall complete and submit to
Project Manager on a weekly basis a daily log of the Contractor's work for the preceding
week in a format approved by the Project Manager. The daily log shall document all
activities of Contractor at the Project site including, but not limited to, the following:
8.1.1 Weather conditions showing the high and low temperatures during
work hours, the amount of precipitation received on the Project site, and any other
weather conditions which adversely affect the Work;
8.1.2
8.1.3
personnel;
Soil conditions which adversely affect the Work;
The hours of operation by Contractor's and Sub-Contractor's
8.1.4 The number of Contractor's and Sub-Contractor's personnel present
and working at the Project site, by subcontract and trade;
8.1.5 All equipment present at the Project site, description of equipment use
and designation of time equipment was used (specifically indicating any down time);
8.1.6 Description of Work being performed at the Project site;
8.1.7 Any unusual or special occurrences at the Project site;
8.1.8 Materials received at the Project site;
8.1.9 A list of all visitors to the Project
8.1.10 Any problems that might impact either the cost or quality of the Work or
the time of performance.
The daily log shall not constitute nor take the place of any notice required to be given by
Contractor to Owner pursuant to the Contract Documents.
8.2 Contractor shall maintain in a safe place at the Project site one record copy of
the Contract Documents, including, but not limited to, all drawings, specifications,
addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as
well as all written interpretations and clarifications issued by the Design Professional, in
good order and annotated to show all changes made during construction. The
annotated drawings shall be continuously updated by the Contractor throughout the
prosecution of the Work to accurately reflect all field changes that are made to adapt the
Work to field conditions, changes resulting from Change Orders, Work Directive
Changes and Field Orders, and all concealed and buried installations of piping, conduit
and utility services. All buried and concealed items, both inside and outside the Project
site, shall be accurately located on the annotated drawings as to depth and in
relationship to not less than two (2) permanent features (e.g. interior or exterior wall
faces). The annotated drawings shall be clean and all changes, corrections and
GC-CA-H-8
168 8
dimensions shall be given in a neat and legible manner in a contrasting color. The
"As-Built" record documents, together with all approved samples and a counterpart of all
approved shop drawings shall be available to the Project Manager or Design
Professional for reference. Upon completion of the Work and as a condition precedent
to Contractor's entitlement to final payment, these "As-Built" record documents, samples
and shop drawings shall be delivered to Project Manager by Contractor for Owner.
8.3 Contractor shall keep all records and supporting documentation which concern or
relate to the Work hereunder for a minimum of five (5) years from the date of
termination of this Agreement or the date the Project is completed or such longer period
as may be required by law, whichever is later. Owner, or any duly authorized agents or
representatives of Owner, shall have the right to audit, inspect and copy all such
records and documentation as often as they deem necessary during the period of this
Agreement and during the document retention period noted above; provided, however,
such activity shall be conducted only during normal business hours.
9. CONTRACT TIME AND TIME EXTENSIONS.
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the
Work being done on the Project by its subcontractors and material-men, as well as
coordinating its Work with all work of others at the Project Site, so that its Work or the
work of others shall not be delayed or impaired by any act or omission by Contractor.
Contractor shall be solely responsible for all construction means, methods, techniques,
sequences, and procedures, as well as coordination of all portions of the Work under
the Contract Documents, and the coordination of Owner's suppliers and contractors as
set forth in Paragraph 12.2. herein.
9.2 Should Contractor be obstructed or delayed in the prosecution of or completion
of the Work as a result of unforeseeable causes beyond the control of Contractor, and
not due to its fault or neglect, including but not restricted to acts of Nature or of the
public enemy, acts of government, fires, floods, epidemics, quarantine regulation,
strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48)
hours after the commencement of such delay, stating the cause or causes thereof, or be
deemed to have waived any right which Contractor may have had to request a time
extension.
9.3 No interruption, interference, inefficiency, suspension or delay in the
commencement or progress of the Work from any cause whatever, including those for
which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty
to perform or give rise to any right to damages or additional compensation from Owner.
Contractor expressly acknowledges and agrees that it shall receive no damages for
delay. Contractor's sole remedy, if any, against Owner will be the right to seek an
extension to the Contract Time; provided, however, the granting of any such time
extension shall not be a condition precedent to the aforementioned "No Damage For
Delay" provision. This paragraph shall expressly apply to claims for early completion,
as well as to claims based on late completion.
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9.4 In no event shall any approval by Owner authorizing Contractor to continue
performing Work under this Agreement or any payment issued by Owner to Contractor
be deemed a waiver of any right or claim Owner may have against Contractor for delay
damages hereunder.
10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of the Work to
increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as
a result of the change. Except in an emergency endangering life or property, or as
expressly set forth herein, no addition or changes to the Work shall be made except
upon written order of Owner, and Owner shall not be liable to the Contractor for any
increased compensation without such written order. No officer, employee or agent of
Owner is authorized to direct any extra or changed work orally. Any alleged changes
must be approved by Owner in writing prior to starting such items. Owner will not be
responsible for the costs of any changes commenced without Owner's express prior
written approval. Failure to obtain such prior written approval for any changes will be
deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by
Contractor that such items are in fact not a change but rather are part of the Work
required of Contractor hereunder.
10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be
issued and executed promptly after an agreement is reached between Contractor and
Owner concerning the requested changes. Contractor shall promptly perform changes
authorized by duly executed Change Orders. The Contract Amount and Contract Time
shall be adjusted in the Change Order in the manner as Owner and Contractor shall
mutually agree.
10.3 If Owner and Contractor are unable to agree on a Change Order for the
requested change, Contractor shall, nevertheless, promptly perform the change as
directed by Owner in a written Work Directive Change. In that event, the Contract
Amount and Contract Time shall be adjusted as directed by Owner. If Contractor
disagrees with the Owner's adjustment determination, Contractor must make a claim
pursuant to Section 11 of these General Conditions or else be deemed to have waived
any claim on this matter it might otherwise have had.
10.4 In the event a requested change results in an increase to the Contract Amount,
the amount of the increase shall be limited to the Contractor's reasonable direct labor
and material costs and reasonable actual equipment costs as a result of the change
(including allowance for labor burden costs) plus a maximum ten percent (10%) markup
for all overhead and profit. In the event such change Work is performed by a
Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all
Subcontractors' and sub-subcontractors' direct labor and material costs and actual
equipment costs shall be permitted, with a maximum five percent (5%) markup thereon
by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen
percent (15%). All compensation due Contractor and any Subcontractor or
sub-subcontractor for field and home office overhead is included in the markups noted
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above. Contractor's and Sub-Contractor's bond costs associated with any change order
shall be included in the overhead and profit expenses and shall not be paid as a
separate line item.
10.5 Owner shall have the right to conduct an audit of Contractor's books and records
to verify the accuracy of the Contractor's claim with respect to Contractor's costs
associated with any Change Order or Work Directive Change.
10.6 The Project Manager shall have authority to order minor changes in the Work not
involving an adjustment to the Contract Amount or an extension to the Contract Time
and not inconsistent with the intent of the Contract Documents. Such changes may be
effected by Field Order or by other written order. Such changes shall be binding on the
Contractor.
10.7 Any modifications to this Contract shall be in compliance with the County
Purchasing Policy and Administrative Procedures in effect at the time such
modifications are authorized.
11. CLAIMS AND DISPUTES.
11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or
interpretation of the terms of the Contract Documents, payment of money, extension of
time or other relief with respect to the terms of the Contract Documents. The term
"Claim" also includes other disputes and matters in question between Owner and
Contractor arising out of or relating to the Contract Documents. The responsibility to
substantiate a Claim shall rest with the party making the Claim.
11.2 Claims by the Contractor shall be made in writing to the Project Manager within
forty-eight (48) hours from when the Contractor knew or should have known of the event
giving rise to such Claim or else the Contractor shall be deemed to have waived the
Claim. Written supporting data shall be submitted to the Project Manager within fifteen
(15) calendar days after the occurrence of the event, unless the Owner grants additional
time in writing, or else the Contractor shall be deemed to have waived the Claim. All
Claims shall be priced in accordance with the provisions of Subsection 10.4.
11.3 The Contractor shall proceed diligently with its performance as directed by the
Owner, regardless of any pending Claim, action, suit or administrative proceeding,
unless otherwise agreed to by the Owner in writing. Owner shall continue to make
payments in accordance with the Contract Documents during the pendency of any
Claim.
12. OTHER WORK.
12.1 Owner may perform other work related to the Project at the site by Owner's own
forces, have other work performed by utility owners or let other direct contracts. If the
fact that such other work is to be performed is not noted in the Contract Documents,
written notice thereof will be given to Contractor prior to starting any such other work. If
Contractor believes that such performance will involve additional expense to Contractor
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or require additional time, Contractor shall send written notice of that fact to Owner and
Design Professional within forty-eight (48) hours of being notified of the other work. If
the Contractor fails to send the above required forty-eight (48) hour notice, the
Contractor will be deemed to have waived any rights it otherwise may have had to seek
an extension to the Contract Time or adjustment to the Contract Amount.
12.2 Contractor shall afford each utility owner and other contractor who is a party to
such a direct contract (or Owner, if Owner is performing the additional work with
Owner's employees) proper and safe access to the site and a reasonable opportunity
for the introduction and storage of materials and equipment and the execution of such
work and shall properly connect and coordinate its Work with theirs. Contractor shall do
all cutting, fitting and patching of the Work that may be required to make its several
parts come together properly and integrate with such other work. Contractor shall not
endanger any work of others by cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of the Project Manager and the
others whose work will be affected. The duties and responsibilities of Contractor under
this paragraph are for the benefit of such utility owners and other Contractors to the
extent that there are comparable provisions for the benefit of Contractor in said direct
contracts between Owner and such utility owners and other contractors.
12.3 If any part of Contractor's Work depends for proper execution or results upon the
work of any other contractor or utility owner (or Owner), Contractor shall inspect and
promptly report to Project Manager in writing any delays, defects or deficiencies in such
work that render it unavailable or unsuitable for such proper execution and results.
Contractor's failure to report will constitute an acceptance of the other work as fit and
proper for integration with Contractor's Work.
13. INDEMNIFICATION AND INSURANCE.
13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and
hold harmless Owner and its officers and employees from any and all liabilities, claims,
damages, penalties, demands, judgments, actions, proceedings, losses or costs,
including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether
resulting from any claimed breach of this Agreement by Contractor or from personal
injury, property damage, direct or consequential damages, or economic loss, to the
extent caused by the negligence, recklessness, or intentional wrongful misconduct of
Contractor or anyone employed or utilized by the Contractor in the performance of this
Agreement.
13.2 The duty to defend under this Article 13 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Contractor, Owner and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being
provided to Contractor. Contractor's obligation to indemnify and defend under this
Article 13 will survive the expiration or earlier termination of this Agreement until it is
determined by final judgment that an action against the Owner or an indemnified party
for the matter indemnified hereunder is fully and finally barred by the applicable statute
of limitations.
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13.3 Contractor shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to
the Agreement. Further, the Contractor shall at all times comply with all of the terms,
conditions, requirements and obligations set forth under Exhibit B.
14. COMPLIANCE WITH LAWS.
14.1 Contractor agrees to comply, at its own expense, with all federal, state and local
laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the
Project, including but not limited to those dealing with taxation, worker's compensation,
equal employment and safety (including, but not limited to, the Trench Safety Act,
Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are
at variance therewith, it shall promptly notify Project Manager in writing. To the extent
any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain
terms in this Agreement in order for this Agreement to be enforceable, such terms shall
be deemed included in this Agreement. Notwithstanding anything in the Contract
Documents to the contrary, it is understood and agreed that in the event of a change in
any applicable laws, ordinances, rules or regulations subsequent to the date this
Agreement was executed that increases the Contractor's time or cost of performance of
the Work, Contractor is entitled to a Change Order for such increases, except to the
extent Contractor knew or should have known of such changes prior to the date of this
Agreement.
14.2 By executing and entering into this agreement, the Contractor is formally
acknowledging without exception or stipulation that it is fully responsible for complying
with the provisions of the Immigration Reform and Control Act of 1986 as located at 8
U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended.
Failure by the Contractor to comply with the laws referenced herein shall constitute a
breach of this agreement and the County shall have the discretion to unilaterally
terminate this agreement immediately.
15. CLEANUP AND PROTECTIONS.
15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor
shall remove all debris, rubbish and waste materials from and about the Project site, as
well as all tools, appliances, construction equipment and machinery and surplus
materials, and shall leave the Project site clean and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to,
pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery,
not indicated in the Contract Documents to be removed or altered, shall be protected by
Contractor from damage during the prosecution of the Work. Subject to the Section 2.3
above, any such improvements so damaged shall be restored by Contractor to the
condition equal to that existing at the time of Contractor's commencement of the Work.
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16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement,
or any part herein, without the Owner's consent, shall be void. If Contractor does, with
approval, assign this Agreement or any part thereof, it shall require that its assignee be
bound to it and to assume toward Contractor all of the obligations and responsibilities
that Contractor has assumed toward Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits
and fees, including license fees, permit fees, impact fees or inspection fees applicable
to the Work through an internal budget transfer(s). Contractor is not responsible for
paying for permits issued by Collier County, but Contractor is responsible for acquiring
all permits. Owner may require the Contractor to deliver internal budget transfer
documents to applicable Collier County agencies when the Contractor is acquiring
permits.
17.2 All permits, fees and licenses necessary for the prosecution of the Work which
are not issued by Collier County shall be acquired and paid for by the Contractor.
17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work.
18. TERMINATION FOR DEFAULT.
18.1 Contractor shall be considered in material default of the Agreement and such
default shall be considered cause for Owner to terminate the Agreement, in whole or in
part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under
the Contract Documents within the time specified herein; or (2) fails to properly and
timely perform the Work as directed by the Project Manager or as provided for in the
approved Progress Schedule; or (3) performs the Work unsuitably or neglects or
refuses to remove materials or to correct or replace such Work as may be rejected as
unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails
to resume Work which has been suspended within a reasonable time after being
notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act
of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more
than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to
obey any applicable codes, laws, ordinances, rules or regulations with respect to the
Work; or (10) materially breaches any other provision of the Contract Documents.
18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner
determines that Contractor has not remedied and cured the default(s) within seven (7)
calendar days following receipt by Contractor of said written notice or such longer
period of time as may be consented to by Owner in writing and in its sole discretion,
then Owner, at its option, without releasing or waiving its rights and remedies against
GC-CA-H-14
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the Contractor's sureties and without prejudice to any other right or remedy it may be
entitled to hereunder or by law, may terminate Contractor's right to proceed under the
Agreement, in whole or in part, and take possession of all or any portion of the Work
and any materials, tools, equipment, and appliances of Contractor, take assignments of
any of Contractor's subcontracts and purchase orders, and complete all or any portion
of Contractor's Work by whatever means, method or agency which Owner, in its sole
discretion, may choose.
18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that
it shall not be entitled to receive any further payments hereunder until after the Project is
completed. All moneys expended and all of the costs, losses, damages and extra
expenses, including all management, administrative and other overhead and other
direct and indirect expenses (including Design Professional and attorneys' fees) or
damages incurred by Owner incident to such completion, shall be deducted from the
Contract Amount, and if such expenditures exceed the unpaid balance of the Contract
Amount, Contractor agrees to pay promptly to Owner on demand the full amount of
such excess, including costs of collection, attorneys' fees (including appeals) and
interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of
the Contract Amount exceeds all such costs, expenditures and damages incurred by the
Owner to complete the Work, such excess shall be paid to the Contractor. The amount
to be paid to the Contractor or Owner, as the case may be, shall be approved by the
Project Manager, upon application, and this obligation for payment shall survive
termination of the Agreement.
18.4 The liability of Contractor hereunder shall extend to and include the full amount of
any and all sums paid, expenses and losses incurred, damages sustained, and
obligations assumed by Owner in good faith under the belief that such payments or
assumptions were necessary or required, in completing the Work and providing labor,
materials, equipment, supplies, and other items therefor or re-Ietting the Work, and in
settlement, discharge or compromise of any claims, demands, suits, and judgments
pertaining to or arising out of the Work hereunder.
18.5 If, after notice of termination of Contractor's right to proceed pursuant to this
Section, it is determined for any reason that Contractor was not in default, or that its
default was excusable, or that Owner is not entitled to the remedies against Contractor
provided herein, then the termination will be deemed a termination for convenience and
Contractor's remedies against Owner shall be the same as and limited to those afforded
Contractor under Section 19 below.
18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within
thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill
some material obligation owed by Owner to Contractor under this Agreement, and
(ii) Owner has failed to cure such default within fourteen (14) days of receiving written
notice of same from Contractor, then Contractor may stop its performance under this
Agreement until such default is cured, after giving Owner a second fourteen (14) days
written notice of Contractor's intention to stop performance under the Agreement. If the
Work is so stopped for a period of one hundred and twenty (120) consecutive days
through no act or fault of the Contractor or its Subcontractors or their agents or
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employees or any other persons performing portions of the Work under contract with the
Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving
written notice to Owner of Contractor's intent to terminate this Agreement. If Owner
does not cure its default within fourteen (14) days after receipt of Contractor's written
notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner,
terminate the Agreement and recover from the Owner payment for Work performed
through the termination date, but in no event shall Contractor be entitled to payment for
Work not performed or any other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon
seven (7) calendar days written notice to Contractor. In the event of such termination
for convenience, Contractor's recovery against Owner shall be limited to that portion of
the Contract Amount earned through the date of termination, together with any
retainage withheld and reasonable termination expenses incurred, but Contractor shall
not be entitled to any other or further recovery against Owner, including, but not limited
to, damages or any anticipated profit on portions of the Work not performed.
19.2 Owner shall have the right to suspend all or any portions of the Work upon giving
Contractor not less than two (2) calendar days' prior written notice of such suspension.
If all or any portion of the Work is so suspended, Contractor's sole and exclusive
remedy shall be to seek an extension of time to its schedule in accordance with the
procedures set forth in the Contract Documents. In no event shall the Contractor be
entitled to any additional compensation or damages. Provided, however, if the ordered
suspension exceeds six (6) months, the Contractor shall have the right to terminate the
Agreement with respect to that portion of the Work which is subject to the ordered
suspension.
20. COMPLETION.
20.1 When the entire Work (or any portion thereof designated in writing by Owner) is
ready for its intended use, Contractor shall notify Project Manager in writing that the
entire Work (or such designated portion) is substantially complete. Within a reasonable
time thereafter, Owner, Contractor and Design Professional shall make an inspection of
the Work (or designated portion thereof) to determine the status of completion. If
Owner, after conferring with the Design Professional, does not consider the Work (or
designated portion) substantially complete, Project Manager shall notify Contractor in
writing giving the reasons therefore. If Owner, after conferring with the Design
Professional, considers the Work (or designated portion) substantially complete, Project
Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion
which shall fix the date of Substantial Completion for the entire Work (or designated
portion thereof) and include a tentative punch-list of items to be completed or corrected
by Contractor before final payment. Owner shall have the right to exclude Contractor
from the Work and Project site (or designated portion thereof) after the date of
Substantial Completion, but Owner shall allow Contractor reasonable access to
complete or correct items on the tentative punch-list.
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20.2 Upon receipt of written certification by Contractor that the Work is completed in
accordance with the Contract Documents and is ready for final inspection and
acceptance, Project Manager and Design Professional will make such inspection and, if
they find the Work acceptable and fully performed under the Contract Documents shall
promptly issue a final Certificate for Payment, recommending that, on the basis of their
observations and inspections, and the Contractor's certification that the Work has been
completed in accordance with the terms and conditions of the Contract Documents, that
the entire balance found to be due Contractor is due and payable. Neither the final
payment nor the retainage shall become due and payable until Contractor submits:
(1) Receipt of Contractor's Final Application for Payment.
(2) The Release and Affidavit in the form attached as Exhibit C.
(3) Consent of surety to final payment.
(4) Receipt of the final payment check list.
(5) If required by Owner, other data establishing payment or satisfaction of all
obligations, such as receipts, releases and waivers of liens, arising out of
the Contract Documents, to the extent and in such form as may be
designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination
as to the Work's acceptability, even though the Design Professional may have issued its
recommendations. Unless and until the Owner is completely satisfied, neither the final
payment nor the retainage shall become due and payable.
21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any subcontractor or materialmen supplying
materials, equipment or fixtures to be incorporated into the Project. Contractor warrants
to Owner that any materials and equipment furnished under the Contract Documents
shall be new unless otherwise specified, and that all Work shall be of good quality, free
from all defects and in conformance with the Contract Documents. Contractor further
warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers,
fabricators, suppliers or processors except as otherwise provided for in the Contract
Documents. If, within one (1) year after Substantial Completion, any Work is found to
be defective or not in conformance with the Contract Documents, Contractor shall
correct it promptly after receipt of written notice from Owner. Contractor shall also be
responsible for and pay for replacement or repair of adjacent materials or Work which
may be damaged as a result of such replacement or repair. Further, in the event of an
emergency, Owner may commence to correct any defective Work, without prior notice
to Contractor, at Contractor's expense. These warranties are in addition to those
implied warranties to which Owner is entitled as a matter of law.
21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or
another representative of the Owner, shall conduct an inspection of the warranted work
to verify compliance with the requirements of the Agreement. The Contractor's
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Representative shall be present at the time of inspection and shall take remedial actions
to correct any deficiencies noted in the inspection. Failure of the Contractor to correct
the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from
future bid opportunities with the Owner, in addition to any other rights and remedies
available to Owner.
22. TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and
employees, and governmental agencies with jurisdiction over the Project shall have
access at all times to the Work, whether the Work is being performed on or off of the
Project site, for their observation, inspection and testing. Contractor shall provide
proper, safe conditions for such access. Contractor shall provide Project Manager with
timely notice of readiness of the Work for all required inspections, tests or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of
any public authority having jurisdiction over the Project requires any portion of the Work
to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish Project
Manager the required certificates of inspection, testing or approval. All inspections,
tests or approvals shall be performed in a manner and by organizations acceptable to
the Project Manager.
22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection
fees and costs; to the extent such re-inspections are due to the fault or neglect of
Contractor.
22.4 If any Work that is to be inspected, tested or approved is covered without written
concurrence from the Project Manager, such work must, if requested by Project
Manager, be uncovered for observation. Such uncovering shall be at Contractor's
expense unless Contractor has given Project Manager timely notice of Contractor's
intention to cover the same and Project Manager has not acted with reasonable
promptness to respond to such notice. If any Work is covered contrary to written
directions from Project Manager, such Work must, if requested by Project Manager, be
uncovered for Project Manager's observation and be replaced at Contractor's sole
expense.
22.5 The Owner shall charge to Contractor and may deduct from any payments due
Contractor all engineering and inspection expenses incurred by Owner in connection
with any overtime work. Such overtime work consisting of any work during the
construction period beyond the regular eight (8) hour day and for any work performed
on Saturday, Sunday or holidays.
22.6 Neither observations nor other actions by the Project Manager or Design
Professional nor inspections, tests or approvals by others shall relieve Contractor from
Contractor's obligations to perform the Work in accordance with the Contract
Documents.
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23. DEFECTIVE WORK.
23.1 Work not conforming to the requirements of the Contract Documents or any
warranties made or assigned by Contractor to Owner shall be deemed defective Work.
If required by Project Manager, Contractor shall as directed, either correct all defective
Work, whether or not fabricated, installed or completed, or if the defective Work has
been rejected by Project Manager, remove it from the site and replace it with non-
defective Work. Contractor shall bear all direct, indirect and consequential costs of
such correction or removal (including, but not limited to fees and charges of engineers,
architects, attorneys and other professionals) made necessary thereby, and shall hold
Owner harmless for same.
23.2 If the Project Manager considers it necessary or advisable that covered Work be
observed by Design Professional or inspected or tested by others and such Work is not
otherwise required to be inspected or tested, Contractor, at Project Manager's request,
shall uncover, expose or otherwise make available for observation, inspection or tests
as Project Manager may require, that portion of the Work in question, furnishing all
necessary labor, material and equipment. If it is found that such Work is defective,
Contractor shall bear all direct, indirect and consequential costs of such uncovering,
exposure, observation, inspection and testing and of satisfactory reconstruction
(including, but not limited to, fees and charges of engineers, architects, attorneys and
other professionals), and Owner shall be entitled to an appropriate decrease in the
Contract Amount. If, however, such Work is not found to be defective, Contractor shall
be allowed an increase in the Contract Amount and/or an extension to the Contract
Time, directly attributable to such uncovering, exposure, observation, inspection, testing
and reconstruction.
23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient
skilled workers, suitable materials or equipment or fails to finish or perform the Work in
such a way that the completed Work will conform to the Contract Documents, Project
Manager may order Contractor to stop the Work, or any portion thereof, until the cause
for such order has been eliminated. The right of Project Manager to stop the Work
shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be
construed as obligating the Project Manager to exercise this right for the benefit of
Design Engineer, Contractor, or any other person.
23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest
to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect
and consequential costs attributable to the Owner's evaluation of and determination to
accept defective Work. If such determination is rendered prior to final payment, a
Change Order shall be executed evidencing such acceptance of such defective Work,
incorporating the necessary revisions in the Contract Documents and reflecting an
appropriate decrease in the Contract Amount. If the Owner accepts such defective
Work after final payment, Contractor shall promptly pay Owner an appropriate amount
to adequately compensate Owner for its acceptance of the defective Work.
23.5 If Contractor fails, within a reasonable time after the written notice from Project
Manager, to correct defective Work or to remove and replace rejected defective Work
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as required by Project Manager or Owner, or if Contractor fails to perform the Work in
accordance with the Contract Documents, or if Contractor fails to comply with any of the
provisions of the Contract Documents, Owner may, after seven (7) days written notice
to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall
not be required to give notice to Contractor in the event of an emergency. To the extent
necessary to complete corrective and remedial action, Owner may exclude Contractor
from any or all of the Project site, take possession of all or any part of the Work, and
suspend Contractor's services related thereto, take possession of Contractor's tools,
appliances, construction equipment and machinery at the Project site and incorporate in
the Work all materials and equipment stored at the Project site or for which Owner has
paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design
Professional and their respective representatives, agents, and employees such access
to the Project site as may be necessary to enable Owner to exercise the rights and
remedies under this paragraph. All direct, indirect and consequential costs of Owner in
exercising such rights and remedies shall be charged against Contractor, and a Change
Order shall be issued, incorporating the necessary revisions to the Contract Documents,
including an appropriate decrease to the Contract Amount. Such direct, indirect and
consequential costs shall include, but not be limited to, fees and charges of engineers,
architects, attorneys and other professionals, all court costs and all costs of repair and
replacement of work of others destroyed or damaged by correction, removal or
replacement of Contractor's defective Work. Contractor shall not be allowed an
extension of the Contract Time because of any delay in performance of the Work
attributable to the exercise by Owner of Owner's rights and remedies hereunder.
24. SUPERVISION AND SUPERINTENDENTS.
24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control
the Work competently and efficiently, devoting such attention thereto and applying such
skills and expertise as may be necessary to perform the Work in accordance with the
Contract Documents. Contractor shall be responsible to see that the finished Work
complies accurately with the Contract Documents. Contractor shall keep on the Work at
all times during its progress a competent resident superintendent, who shall be subject
to Owner's approval and not be replaced without prior written notice to Project Manager
except under extraordinary circumstances. The superintendent shall be employed by
the Contractor and be the Contractor's representative at the Project site and shall have
authority to act on behalf of Contractor. All communications given to the superintendent
shall be as binding as if given to the Contractor. Owner shall have the right to direct
Contractor to remove and replace its Project superintendent, with or without cause.
Attached to the Agreement as Exhibit N is a list identifying Contractor's Project
Superintendent and all of Contractor's key personnel who are assigned to the Project;
such identified personnel shall not be removed without Owner's prior written approval,
and if so removed must be immediately replaced with a person acceptable to Owner.
24.2 Contractor shall have a competent superintendent on the project at all times
whenever contractor's work crews, or work crews of other parties authorized by the
Project Manager are engaged in any activity whatsoever associated with the Project.
Should the Contractor fail to comply with the above condition, the Project Manager
GC-CA-H-20
16 B ''1Y 8
shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient
moneys to account for the Owner's loss of adequate project supervision, not as a
penalty, but as liquidated damages, separate from the liquidated damages described in
Section 5.B, for services not rendered.
25. PROTECTION OF WORK.
25.1 Contractor shall fully protect the Work from loss or damage and shall bear the
cost of any such loss or damage until final payment has been made. If Contractor or
anyone for whom Contractor is legally liable for is responsible for any loss or damage
to the Work, or other work or materials of Owner or Owner's separate contractors,
Contractor shall be charged with the same, and any moneys necessary to replace such
loss or damage shall be deducted from any amounts due Contractor.
25.2 Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
25.3 Contractor shall not disturb any benchmark established by the Owner or Design
Professional with respect to the Project. If Contractor, or its subcontractors, agents or
anyone for whom Contractor is legally liable, disturbs the Owner or Design
Professional's benchmarks, Contractor shall immediately notify Project Manager and
Design Professional. The Owner or Design Professional shall re-establish the
benchmarks and Contractor shall be liable for all costs incurred by Owner associated
therewith.
26. EMERGENCIES.
26.1 I n the event of an emergency affecting the safety or protection of persons or the
Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner or Design Professional is obligated to act to
prevent threatened damage, injury or loss. Contractor shall give Project Manager
written notice within forty-eight (48) hours after Contractor knew or should have known
of the occurrence of the emergency, if Contractor believes that any significant changes
in the Work or variations from the Contract Documents have been caused thereby. If
the Project Manager determines that a change in the Contract Documents is required
because of the action taken in response to an emergency, a Change Order shall be
issued to document the consequences of the changes or variations. If Contractor fails
to provide the forty-eight (48) hour written notice noted above, the Contractor shall be
deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
27. USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment, the storage of materials and
equipment and the operations of workers to the Project site and land and areas
identified in and permitted by the Contract Documents and other lands and areas
permitted by law, rights of way, permits and easements, and shall not unreasonably
GC-CA-H-21
16B 018
encumber the Project site with construction equipment or other material or equipment.
Contractor shall assume full responsibility for any damage to any such land or area, or
to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from
the performance of the Work.
28. SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Work. Contractor shall take all
necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
28.1.1 All employees on or about the project site and other persons and/or
organizations who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein,
whether in storage on or off the Project site; and
28.1.3 Other property on Project site or adjacent thereto, including trees,
shrubs, walks, pavements, roadways,' structures, utilities and any underground
structures or improvements not designated for removal, relocation or replacement in the
Contract Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and
regulations of any public body having jurisdiction for the safety of persons or property or
to protect them from damage, injury or loss. Contractor shall erect and maintain all
necessary safeguards for such safety and protection. Contractor shall notify owners of
adjacent property and of underground structures and improvements and utility owners
when prosecution of the Work may affect them, and shall cooperate with them in the
protection, removal, relocation or replacement of their property. Contractor's duties and
responsibilities for the safety and protection of the Work shall continue until such time
as the Work is completed and final acceptance of same by Owner has occurred.
28.3. Contractor shall designate a responsible representative located on a full time
basis at the Project site whose duty shall be the prevention of accidents. This person
shall be Contractor's superintendent unless otherwise designated in writing by
Contractor to Owner.
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner
property. All employees of Contractor, as well as those of all subcontractors and those
of any other person or entity for whom Contractor is legally liable (collectively referred to
herein as "Employees"), shall not possess or be under the influence of any such
substances while on any Owner property. Further, Employees shall not bring on to any
Owner property any gun, rifle or other firearm, or explosives of any kind.
28.5 Contractor acknowledges that the Work may be progressing on a Project site
which is located upon or adjacent to an existing Owner facility. In such event,
Contractor shall comply with the following:
GC-CA-H-22
16B 8
28.5.1
All Owner facilities are smoke free. Smoking is strictly prohibited;
28.5.2 All Employees shall be provided an identification badge by
Contractor. Such identification badge must be prominently displayed on the outside of
the Employees' clothing at all times. All Employees working at the Project site must log
in and out with the Contractor each day;
28.5.3 Contractor shall strictly limit its operations to the designated work
areas and shall not permit any Employees to enter any other portions of Owner's
property without Owner's expressed prior written consent;
28.5.4 All Employees are prohibited from distributing any papers or other
materials upon Owner's property, and are strictly prohibited from using any of Owner's
telephones or other office equipment;
28.5.5 All Employees shall at all times comply with the OSHA regulations
with respect to dress and conduct at the Project site. Further, all Employees shall
comply with the dress, conduct and facility regulations issued by Owner's officials
onsite, as said regulations may be changed from time to time;
28.5.6 All Employees shall enter and leave Owner's facilities only through
the ingress and egress points identified in the site utilization plan approved by Owner or
as otherwise designated, from time to time, by Owner in writing;
28.5.7 When requested, Contractor shall cooperate with any ongoing
Owner investigation involving personal injury, economic loss or damage to Owner's
facilities or personal property therein;
28.5.8 The Employees may not solicit, distribute or sell products while on
Owner's property. Friends, family members or other visitors of the Employees are not
permitted on Owner's property; and
28.5.9 At all times, Contractor shall adhere to Owner's safety and security
regulations, and shall comply with all security requirements at Owner's facilities, as said
regulations and requirements may be modified or changed by Owner from time to time.
29. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor shall attend a pre-construction
conference with the Project Manager, Design Professional and others as appropriate to
discuss the Progress Schedule, procedures for handling shop drawings and other
submittals, and for processing Applications for Payment, and to establish a working
understanding among the parties as to the Work. During the prosecution of the Work,
the Contractor shall attend any and all meetings convened by the Project Manager with
respect to the Project, when directed to do so by Project Manager or Design
Professional. The Contractor shall have its subcontractors and suppliers attend all such
meetings (including the pre-construction conference) as may be directed by the Project
Manager.
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30. VENDOR PERFORMANCE EVALUATION
Owner has implemented a Vendor Performance Evaluation System for all contracts
awarded in excess of $25,000. To this end, vendors will be evaluated on their
performance upon completion/termination of this Agreement.
31. MAINTENANCE OF TRAFFIC POLICY
For all projects that are conducted within a Collier County Right-of-Way, the Contractor
shall provide and erect Traffic Control Devices as prescribed in the current edition of the
Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local
roadways and as prescribed in the Florida Department of Transportations Design
Standards (DS), where applicable on state roadways. These projects shall also comply
with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by
reference. Copies are available through Risk Management and/or Purchasing
Departments, and are available on-line at colliergov.netlpurchasing.
The Contractor will be responsible for obtaining copies of all required manuals, MUTCD,
FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to
become familiar with their requirements. Strict adherence to the requirements of the
Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs
associated with the Maintenance of Traffic shall be included on the line item on the bid
page. If MOT is required, MOT is to be provided within ten (10) days of receipt of
Notice of Award.
32. SALES TAX SAVINGS AND DIRECT PURCHASE
32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and
at no additional cost to Owner, Contractor shall comply with and fully implement the
sales tax savings program with respect to the Work, as set forth in section 32.2 below:
32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from
sales tax and may wish to generate sales tax savings for the Project, Owner reserves
the right to make direct purchases of various construction materials and equipment
included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to
vendors selected by Contractor, for execution by Owner, on forms provided by Owner.
Contractor shall allow two weeks for execution of all such purchase orders by Owner.
Contractor represents and warrants that it will use its best efforts to cooperate with
Owner in implementing this sales tax savings program in order to maximize cost
savings for the Project. Adjustments to the Contract Amount will be made by
appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the
saved sales taxes. A Change Order shall be processed promptly after each Direct
Purchase, or group of similar or related Direct Purchases, unless otherwise mutually
agreed upon between Owner and Contractor. With respect to all Direct Purchases by
Owner, Contractor shall remain responsible for coordinating, ordering, inspecting,
accepting delivery, storing, handling, installing, warranting and quality control for all
GC-CA-H-24
16B 8
Direct Purchases. Notwithstanding anything herein to the contrary, Contractor
expressly acknowledges and agrees that all Direct Purchases shall be included within
and covered by Contractor's warranty to Owner to the same extent as all other
warranties provided by Contractor pursuant to the terms of the Contract Documents. In
the event Owner makes a demand against Contractor with respect to any Direct
Purchase and Contractor wishes to make claim against the manufacturer or supplier of
such Direct Purchase, upon request from Contractor Owner shall assign to Contractor
any and all warranties and Contract rights Owner may have from any manufacturer or
supplier of any such Direct Purchase by Owner.
32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for
sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal
excise taxes.
33. SUBCONTRACTS
33.1 Contractor shall review the design and shall determine how it desires to divide
the sequence of construction activities. Contractor will determine the breakdown and
composition of bid packages for award of subcontracts, based on the current Project
Milestone Schedule, and shall supply a copy of that breakdown and composition to
Owner and Design Professional for their review and approval prior to submitting its first
Application for Payment. Contractor shall take into consideration such factors as
natural and practical lines of severability, sequencing effectiveness, access and
availability constraints, total time for completion, construction market conditions,
availability of labor and materials, community relations and any other factors pertinent to
saving time and costs.
33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying
or providing any portion of the Work pursuant to a contract with Contractor. Contractor
shall be solely responsible for and have control over the Subcontractors. Contractor
shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests
for Proposal, with all affected Subcontractors and shall review the costs of those
proposals and advise Owner and Design Professional of their validity and
reasonableness, acting in Owner's best interest, prior to requesting approval of any
Change Order from Owner. All Subcontractors performing any portion of the Work on
this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a
person or entity that has the capability in all respects to perform fully the Agreement
requirements with respect to its portion of the Work and has the integrity and reliability
to assure good faith performance.
33.3 In addition to those Subcontractors identified in Contractor's bid that were
approved by Owner, Contractor also shall identify any other Subcontractors, including
their addresses, licensing information and phone numbers, it intends to utilize for the
Project prior to entering into any subcontract or purchase order and prior to the
Subcontractor commencing any work on the Project. The list identifying each
Subcontractor cannot be modified, changed, or amended without prior written approval
from Owner. Any and all Subcontractor work to be self-performed by Contractor must
be approved in writing by Owner in its sole discretion prior to commencement of such
GC-CA-H-25
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work. Contractor shall continuously update that Subcontractor list, so that it remains
current and accurate throughout the entire performance of the Work.
33.4 Contractor shall not enter into a subcontract or purchase order with any
Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not
be required to contract with anyone it reasonably objects to. Contractor shall keep on
file a copy of the license for every Subcontractor and sub-subcontractor performing any
portion of the Work, as well as maintain a log of all such licenses. All subcontracts and
purchase orders between Contractor and its Subcontractors shall be in writing and are
subject to Owner's approval. Further, unless expressly waived in writing by Owner, all
subcontracts and purchase orders shall (1) require each Subcontractor to be bound to
Contractor to the same extent Contractor is bound to Owner by the terms of the
Contract Documents, as those terms may apply to the portion of the Work to be
performed by the Subcontractor, (2) provide for the assignment of the subcontract or
purchase order from Contractor to Owner at the election of Owner upon termination of
Contractor, (3) provide that Owner will be an additional indemnified party of the
subcontract or purchase order, (4) provide that Owner will be an additional insured on
all liability insurance policies required to be provided by the Subcontractor except
workman's compensation and business automobile policies, (5) assign all warranties
directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the
subcontract or purchase order. Contractor shall make available to each proposed
Subcontractor, prior to the execution of the subcontract, copies of the Contract
Documents to which the Subcontractor will be bound. Each Subcontractor shall
similarly make copies of such documents available to its sub-subcontractors.
33.5 Each Subcontractor performing work at the Project Site must agree to provide
field (on-site) supervision through a named superintendent for each trade (e.g., general
concrete forming and placement, masonry, mechanical, plumbing, electrical and
roofing) included in its subcontract or purchase order. In addition, the Subcontractor
shall assign and name a qualified employee for scheduling direction for its portion of the
Work. The supervisory employees of the Subcontractor (including field superintendent,
foreman and schedulers at all levels) must have been employed in a supervisory
(leadership) capacity of substantially equivalent level on a similar project for at least two
years within the last five years. The Subcontractor shall include a resume of experience
for each employee identified by it to supervise and schedule its work.
33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and
purchase orders shall provide:
33.6.1 That the Subcontractor's exclusive remedy for delays in the
performance of the subcontract or purchase order caused by events beyond its control,
including delays claimed to be caused by Owner or Design Professional or attributable
to Owner or Design Professional and including claims based on breach of contract or
negligence, shall be an extension of its contract time.
33.6.2 In the event of a change in the work, the Subcontractor's claim for
adjustments in the contract sum are limited exclusively to its actual costs for such
changes plus no more than 10% for overhead and profit.
GC-CA-H-26
16B 8
33.6.3 The subcontract or purchase order, as applicable, shall require the
Subcontractor to expressly agree that the foregoing constitute its sole and exclusive
remedies for delays and changes in the Work and thus eliminate any other remedies for
claim for increase in the contract price, damages, losses or additional compensation.
Further, Contractor shall require all Subcontractors to similarly incorporate the terms of
this Section 33.6 into their sub-subcontracts and purchase orders.
33.6.4 Each subcontract and purchase order shall require that any claims by
Subcontractor for delay or additional cost must be submitted to Contractor within the
time and in the manner in which Contractor must submit such claims to Owner, and that
failure to comply with such conditions for giving notice and submitting claims shall result
in the waiver of such claims.
34. CONSTRUCTION SERVICES
34.1 Contractor shall maintain at the Project site, originals or copies of,
on a current basis, all Project files and records, including, but not limited to, the following
administrative records:
34.1.1
34.1.2
34.1.3
34.1.4
34.1.5
34.1.6
34.1.7
34.1.8
34.1.9
34.1.10
34.1.11
34.1.12
34.1.13
34.1.14
34.1.15
34.1.16
34.1.17
34.1.18
34.1.19
34.1.20
34.1.21
34.1.22
34.1.23
34.1.24
34.1.25
34.1.26
34.1.27
34.1.28
34.1.29
Subcontracts and Purchase Orders
Subcontractor Licenses
Shop Drawing Submittal/Approval Logs
Equipment PurchaselDelivery Logs
Contract Drawings and Specifications with Addenda
Warranties and Guarantees
Cost Accounting Records
Labor Costs
Material Costs
Equipment Costs
Cost Proposal Request
Payment Request Records
Meeting Minutes
Cost-Estimates
Bulletin Quotations
Lab Test Reports
Insurance Certificates and Bonds
Contract Changes
Permits
Material Purchase Delivery Logs
Technical Standards
Design Handbooks
"As-Built" Marked Prints
Operating & Maintenance Instruction
Daily Progress Reports
Monthly Progress Reports
Correspondence Files
Transmittal Records
Inspection Reports
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34.1.30
34.1.31
34.1.32
Punch Lists
PMIS Schedule and Updates
Suspense (Tickler) Files of Outstanding
Requirements
The Project files and records shall be available at all times to Owner and Design
Professional or their designees for reference, review or copying.
34.2 Contractor Presentations
At the discretion of the County, the Contractor may be required to provide a brief update
on the Project to the Collier County Board of County Commissioners, "Board", up to two
(2) times per contract term. Presentations shall be made in a properly advertised Public
Meeting on a schedule to be determined by the County Manager or his designee. Prior
to the scheduled presentation date, the Contractor shall meet with appropriate County
staff to discuss the presentation requirements and format. Presentations may include,
but not be limited to, the following information: Original contract amount, project
schedule, project completion date and any changes to the aforementioned since Notice
to Proceed was issued.
35. SECURITY
If required, Contractor shall be responsible for the costs of providing background checks
and drug testing for all employees that shall provide services to the County under this
Agreement. This may include, but not be limited to, checking federal, state and local
law enforcement records, including a state and FBI fingerprint check, credit reports,
education, residence and employment verifications and other related records.
Contractor shall be required to maintain records on each employee and make them
available to the County for at least four (4) years.
36. VENUE
Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or
state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
37. VALUE ENGINEERING
All projects with an estimated cost of $10 million or more shall be reviewed for
consideration of a Value Engineering (VE) study conducted during project development.
A "project" shall be defined as the collective contracts, which may include but not be
limited to: design, construction, and construction, engineering and inspection (CEI)
services. Additionally, any project with an estimated construction value of $2 million or
more may be reviewed for VE at the discretion of the County.
38. ABOVEGROUND/UNDERGROUND TANKS
An underground 62-761, Florida Administrative Code (F.A.C.) or aboveground 62-762,
GC-CA-H-28
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F.A.C. regulated tank requires notification to the 'County' prior to installation or closure
of the tank. The Pollution Control Department (239-252-2502), via contract GC-690
with the Florida Department of Environmental Protection (FDEP), is the County (local
program) for the purposes of these rules.
Regulated tanks require notification to the 'county' local program thirty (30) days prior to
installation and again forty-eight (48) hours prior to commencement of the installation.
Closure activities require a ten (10) day notification and then a forty-eight (48) hour
notification prior to commencement. The notification is to allow for scheduling of the
inspections pertaining to the installation/closure activities. A series of inspections will
be scheduled based upon system design after discussing the project with the
contractor/project manager. Specifics on applicability, exemptions, and requirements
for regulated pollutant storage tank systems can be found in 62-761, F.A.C. and 62-762,
F.A.C. or you may contact the Pollution Control Department with your questions.
Please note that equipment must be listed on the FDEP approved equipment list and
will be verified at inspection along with installation and testing procedures. The
approved equipment list is constantly updated and can be found at the FDEP Storage
Tank Regulation website along with rules, forms and other applicable information.
39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES.
The Contractor shall employ people to work on Owner's projects who are neat, clean,
well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor
shall supply competent employees who are physically capable of performing their
employment duties. The Owner may require the Contractor to remove an employee it
deems careless, incompetent, insubordinate or otherwise objectionable and whose
continued employment on Owner's projects is not in the best interest of the County.
GC-CA-H-29
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EXHIBIT I
SUPPLEMENTAL TERMS AND CONDITIONS
1. The County may, at its discretion, use VISA/MASTER card credit network as
a payment vehicle for goods and/or services purchased as a part of this contract.
2. Each bridge project will be awarded to the lowest, responsive and qualified
bidder.
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EXHIBIT J
TECHNICAL SPECIFICATIONS
TECHNICAL SPECIFICATION 530.78
ARTICULATING BLOCK MAT
530-01 Description
Install a reinforced concrete channel and slope protection system as indicated on the
plans by furnishing and placing an approved grout-injected fabric-formed articulating
mat.
530-02 Materials
Material shall meet the following requirements of the Florida Department of
Transportation Standard Specifications for Road and Bridge Construction:
Item
Cement
Pozzolans and Slag
Water
Concrete Admixtures
Fine Aggregate
Plastic Filter Fabric
Section
921
929
923
924
902
985
Aggregate grading shall be consistent and shall be well graded from the maximum size
which can be conveniently handled with available pumping equipment.
Grout shall consist of a mixture of Portland cement, fine aggregate, and water
proportioned to provide a pumpable slurry. The mix shall obtain a minimum compressive
strength of 3,000 psi at 28 days. The air content of the mixed grout shall be in the range
of 1% to 6%.
Fabric forming material shall consist of specially woven, double-layer, open salvage
fabric joined in a mat configuration. The fabric shall consist of uncoated synthetic yarns
with sufficient tensile strength and porosity to withstand the pressure of the grout
injection pump without breaking the layers of fabric.
Fabric shall be woven to provide articulation bands surrounding grout filled blocks.
Bands shall control block dimensions and act as filter strips to provide relief of
hydrostatic uplift beneath the completed mat. The grout blocks shall measure 6" x 30" x
30".
Spacer cords capable of a tensile strength of at least 600 pounds shall be woven
between the layers at the required distance to control the mat thickness.
Tensile reinforcing cables shall be provided at 12" centers transversely and
longitudinally. Cables shall be 11/32" nylon cable with a breaking strength of 5,200
pounds. Cables shall pass through cable ducts between adjacent blocks. Each block
shall contain a minimum of 2 transverse cables and 2 transverse cables.
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Additional mat used at piles and placed beneath the articulating block mat shall be a
filter point mat without reinforcing cables.
530-03 Construction Requirements
Clean, clear, and grade channel bed and slopes to approximate existing elevations and
grades. Remove and dispose of all obstructions such as roots, projecting stones, and
existing slope protection. All depressions shall be filled with compacted layers of select
fill. Install plastic filter fabric over graded surface in accordance with Florida Department
of Transportation Standard Specifications for Road and Bridge Construction Section
514.
Position fabric mats with cable reinforcing cables at locations shown on the plans. Each
panel shall be continuous or monolithic for full width, and seams shall be vertical.
Adjacent fabric panels shall be joined before grout injection by field sewing with nylon
thread. Where adjacent panels cannot be joined in this manner, or where specified,
adjacent panels shall be lapped a minimum of 3 feet. Simple butt joints not permitted.
Grout shall be introduced into the space between the layers of fabric. Inject grout in such
a way that excessive pressure on the fabric envelope and cold joints are avoided. A cold
joint is defined as one in which the pumping of the grout into a given form is discontinued
or interrupted for more than 45 minutes.
Only approved mixing and pumping equipment shall be used in preparation and handling
of grout. Oil or other rust inhibitors shall be removed from mixing drums, stirring
mechanisms, and other portions of equipment in contact with grout before the mixers are
used. Pumping equipment shall have a variable flow rate to provide enough pressure for
pumping without breaking the fabric. If blisters or blowouts occur during grout injection,
repair or replace section affected to match adjacent surfaces.
Follow manufacturer's recommendations for sequence of injecting grout. Submit
proposed grout injection plan for review.
530-04 Method of Measurement
Articulating block mat will be measured in square yards, complete, in place, and
accepted, based on the dimensions shown on the drawings. Quantity will be computed
from projected horizontal dimensions. No slope adjustment will be made.
530-05 Basis of payment
Payment will be made at the Contract Unit Price for the following:
Item 530-78 Articulating Block Mat - per square yard
This payment will be full compensation for all materials, labor, equipment, excavation,
backfill, manufacturer's installation supervision, and incidentals necessary to complete
the work. Include the cost of cleaning, clearing, and grading the existing slope and
channel in the Contract unit price for Articulating Block Mat. Include cost of providing and
installing plastic filter fabric in the Contract unit price for Articulating Block Mat. Include
cost of providing and installing 6 inch thick filter point mat at pile locations in the Contract
unit price for Articulating Block Mat.
GC-CA-J-2
168 8
EXHIBIT K
PERMITS
Applications have been made for all permits and should be
available at time of contract award.
GC-CA-K-1
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EXHIBIT L
STANDARD DETAILS
GC-CA-L-1
168 8
EXHIBIT M
PLANS AND SPECIFICATIONS
GC-CA-M-1
168 8
EXHIBIT N
CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
GC-CA-N-1
MEMORANDUM
Date:
January 21,2009
To:
Rhonda Cummings, Purchasing
Contract Specialist
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Review of Insurance for: Contract #09-5111 R:
"Radio Road Beautification MSTU/MSTD Roadway
Grounds Maintenance"
Contractor: Hannula Landscaping and Irrigation,~c.
Enclosed is one original agreement, referenced above (Agenda Item
#16B9), approved by the Board of County Commissioners on Tuesday,
December 2, 2008.
The second original agreement will be kept in the Minutes and Records
Department as part of the Board's permanent records.
If you should have any questions, please contact me at 252-8406.
Thank you.
Enclosure (1)
1689
TO:
FROM:
DATE:
RE:
1689
MEMORANDUM
Ray Carter
Risk Management Department
Rhonda Cummings, FCCN, CPPB, Contract Specialist
Purchasing Department
January 8, 2009
Review of Insurance for Contract: #09-5111 R "Radio R~V /J
Beautification MSTUlMSTD Roadway Grounds Maintenance"~M
Coot~do" H.oou'. L,"d.,".;og ,"d "rig.tlon, 'nc. < hfrj."..;j
---------'
This Contract was approved by the BCC on December 2, 2008; Agendadtem
16.B.9 W Ii:J 7'11.,,; ,
,
Please review the Insurance Certificates for the above referenced contract. If
you have any questions, please contact me at extension 8941.
Thank you.
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A G R E E MEN T 09-5111 R
1689
for
Radio Road Beautification MSTUlMSTD Roadwav Grounds Maintenance
THIS AGREEMENT is made and entered into this 2nd day of December, 2008, 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 "County" or "Owner") and Hannula Landscaping and
Irrigation, Inc., authorized to do business in the State of Florida, whose business address is 28131
Quails Nest Lane, Bonita Springs, FL 34135 (hereinafter referred to as the "Contractor").
WIT N E SSE T H:
1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing upon Notice to
Proceed and terminating in one (1) year. This contract shall have three (3) one (1) year renewals,
renewable annually. The County Manager, or his designee, may, at his discretion, extend the
Agreement under all of the terms and conditions contained in this Agreement for up to one
hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor
written notice of the County's intention to extend the Agreement term not less than ten (10) days
prior to the end of the Agreement term then in effect.
2. STATEMENT OF WORK: The Board of County Commissioners deemed one (1) firm to be pre-
qualified and awarded a Contract. The awardee will enter into an Agreement to provide complete
services for Radio Road Beautification MSTUlMSTD Roadwav Grounds Maintenance on an
as-needed basis as may be required by the Owner in accordance with the terms and conditions of
Bid #09-5111 R and the Contractor's proposal, which is incorporated by reference and made an
integral part of this Agreement.
3. COMPENSATION: The Owner shall pay the Contractor for the performance of the Agreement
pursuant to the unit price schedule offered by the Contractor in his bid, together with the cost of
any other chargeslfees submitted in the proposal. In such instances, the Contractor shall submit a
copy of the appropriate pages from said price list with the invoice for the on-bid items. Payment
will be made upon receipt of a proper invoice and upon approval by the Project Manager or his
designee, and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Florida
Prompt Payment Act". Any County agency may utilize the services offered under this contract,
provided sufficient funds are included in its budget(s).
4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to
the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following Contractor's address of record:
Hannula Landscaping and Irrigation, Inc.
Attn: Dale Hannula
28131 Quails Nest Lane
Bonita Springs, FL 34135
Phone: (239) 992-2210
Fax: (239) 498-6818
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1689
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
County's address of record:
Collier County Government Complex
Purchasing Department
3301 East Tamiami Trail
Purchasing Building G
Naples, Florida 34112
Attention: Stephen Y. Carnell
PurchasinglGeneral Services Director
Phone: 239-252-8371
Fax: 239-732-0844
The Contractor and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Service Agreement must be in writing.
5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but is responsible for acquiring all
permits. Owner may require the Contractor to deliver internal budget transfer documents to
applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued by
Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales,
consumer, use and other similar taxes associated with the Work or portions thereof, which are
applicable during the performance of the Work.
7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any
manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any
such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours
after receiving notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured. The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County.
8. TERMINATION: Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of this Agreement, the County may terminate
said Agreement immediately for cause; further the County may terminate this Agreement for
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convenience with a seven (7) day written notice. The County shall be sole judge of non-
performance.
9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
10. INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This shall include Premises and Operations; Independent contractors; Products and
Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $2,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-
Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws. The coverage must include Employers'
Liability with a minimum limit of $1,000,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be maintained
by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the
County thirty (30) days prior to any expiration date. There shall be a thirty (30) day
notification to the County in the event of cancellation or modification of any stipulated
insurance coverage.
Contractor shall insure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions.
11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the
ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone
employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement.
This indemnification obligation shall not be construed to negate, abridge or reduce any other rights
or remedies which otherwise may be available to an indemnified party or person described in this
paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier County.
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1689
12. BONDS.
A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to
provide Payment and Performance Bonds.
B. When required by Owner, the Contractor shall furnish a Performance andlor Payment Bond
prior to commencing performance, for the full amount of the Work, which shall act as a security
guaranteeing the performance of the Contractor's work and the payment by the Contractor to
any other party(ies) providing labor andlor materials in connection with each construction or
renovation project performed by the Contractor. The bonds shall be furnished using the forms
prescribed in Exhibit "A".
C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its
right to do business in the State of Florida, or it ceases to meet the requirements imposed by
the Contract Documents, the Contractor shall, within five (5) calendar days thereafter,
substitute another bond and surety, both of which shall be subject to the Owner's approval.
13. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in
excess of thirty (30) days, the Contractor may indicate on his response to the Request for
Quotation his wish to receive Progress Payments. Subsequent to the first payment, Contractor
must provide Owner with a fully executed Release and Affidavit in the form attached hereto as
Exhibit "B" as a condition precedent to release of each progress payment. All applications for
payment, whether for full payment or a progress payment shall be in writing, and in substantially
the form attached hereto as Exhibit "C".
14. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or
portions thereof, because of defective or incomplete work, outstanding punch list items,
subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole
or any part of any approval for payment previously issued and Owner may withhold any payments
otherwise due Contractor under this Agreement or any other agreement between Owner and
Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss
because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence
indicating probable fling of such claims; (c) failure of Contractor to make payment properly to
subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be
completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work
will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the
Contractor; or (g) any other material breach of the Contract Documents.
If any conditions described above are not remedied or removed, Owner may, after three (3)
days written notice, rectify the same at Contractor's expense. Owner also may offset against
any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor
to Owner, whether relating to or arising out of this Agreement or any other agreement between
Contractor and Owner.
15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of productslmaterials from specifications
shall be approved in writing by Owner in advance.
16. CONTRACT TIME AND TIME EXTENSIONS.
A. Time is of the essence in the performance of any Work under this Agreement and Contractor
shall diligently pursue the completion of the Work and coordinate the Work being done on the
Project by its subcontractors and materialmen, as well as coordinating its Work with all work of
others at the Project Site, so that its Work or the work of others shall not be delayed or
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1689
impaired by any act or omission by Contractor. Contractor shall be solely responsible for all
construction means, methods, techniques, sequences, and procedures as well as coordination
of all portions of the Work under the Contract Documents, and the coordination of Owner's
supplies and contractors.
B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as
a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or
neglect, including but not restricted to acts of Nature or of the public enemy, acts of
Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor
shall notify the Owner in writing within forty-eight (48) hours after the commencement of such
delay, stating the cause or causes thereof, or be deemed to have waived any right which
Contractor may have had to request a time extension.
C. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the Work from any cause whatever, including those for which Owner may be
responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to
any right to damages or additional compensation from Owner. Contractor expressly
acknowledges and agrees that it shall receive no damages for delay. Contractor's sole
remedy, if any, against Owner will be the right to seek an extension to the Contract Time;
provided, however, the granting of any such time extension shall not be a condition precedent
to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply
to claims for early completion, as well as to claims based on late completion.
17. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the
Work to increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of
the change. Except in an emergency endangering life or property, or as expressly set forth
herein, no addition or changes to the Work shall be made except upon written order of Owner, and
Owner shall not be liable to the Contractor for any increased compensation without such written
order. No officer, employee or agent of Owner is authorized to direct any extra or changed work
orally. Any modifications to this Contract shall be in compliance with the County Purchasing Policy
and Administrative Procedures in effect at the time such modifications are authorized.
A Change Order in the form attached as Exhibit "D" to this Agreement, shall be issued and
executed promptly after an agreement is reached between Contractor and Owner concerning
the requested changes. Contractor shall promptly perform changes authorized by duly
executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the
Change order in the manner as Owner and Contractor shall mutually agree.
18. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal,
state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable
to the Project, including but not limited to those dealing with taxation, workers' compensation,
equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553,
Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it
shall promptly notify Owner in writing.
19. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and
waste materials arising out of the Work. At the completion of the Work, Contractor shall remove
all debris, rubbish and waste materials from and about the Project site, as well as all tools,
appliances, construction equipment and machinery and surplus materials, and shall leave the
Project site clean and ready for occupancy by Owner.
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20. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part
thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the
obligations and responsibilities that Contractor has assumed toward Owner.
21. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to
be incorporated into the Project. Contractor warrants to Owner that any materials and equipment
furnished under the Contract Documents shall be new unless otherwise specified, and that all
Work shall be of good quality, free from all defects and in conformance with the Contract
Documents.
Contractor further warrants to Owner that all materials and equipment furnished under the
Contract Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers, fabricators,
suppliers or processors except as otherwise provided for in the Contract Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after receipt of
written notice from Owner. Contractor shall also be responsible for and pay for replacement or
repair of adjacent materials or Work which may be damaged as a result of such replacement
or repair. These warranties are in addition to those implied warranties to which Owner is
entitled as a matter of law.
22. STANDARDS OF CONDUCT: PROJECT MANAGER. SUPERVISOR, EMPLOYEES. The
Contractor shall employ people to work on County projects who are neat, clean, well-groomed and
courteous. Subject to the American with Disabilities Act, Contractor shall supply competent
employees who are physically capable of performing their employment duties. The County may
require the Contractor to remove an employee it deems careless, incompetent, insubordinate or
otherwise objectionable and whose continued employment on Collier County projects is not in the
best interest of the County.
23. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or
regulations of any public authority having jurisdiction over the Project requires any portion of the
Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility
therefore, pay all costs in connection therewith and furnish to the Owner the required certificates
of inspection, testing or approval. All inspections, tests or approvals shall be performed in a
manner and by organizations acceptable to the Owner.
24. PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such
loss or damage until final payment has been made. If Contractor or anyone for whom
Contractor is legally liable is responsible for any loss or damage to the Work, or other work or
materials of Owner or Owner's separate contractors, Contractor shall be charged with the
same, and any monies necessary to replace such loss or damage shall be deducted from any
amounts due Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that
will endanger the structure, nor shall Contractor subject any part of the Work or adjacent
property to stresses or pressures that will endanger it.
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c. Contractor shall not disturb any benchmark established by the Owner with respect to the
Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally
liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The
Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by
Owner associated therewith.
25. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or
the Work or property at the Project site or adjacent thereto, Contractor, without special instruction
or authorization from Owner is obligated to act to prevent threatened damage, injury or loss.
Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of
the emergency, if Contractor believes that any significant changes in the Work or variations from
the Contract Documents have been caused thereby.
If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a Change Order shall be issued to document the
consequences of the changes or variations.
If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor
shall be deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
26. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is
ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such
designated portion) is substantially complete and request that Owner issue a Certificate of
Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make
an inspection of the Work (or designated portion thereof) to determine the status of completion. If
Owner does not consider the Work (or designated portion) substantially complete, the Owner shall
notify Contractor in writing giving the reasons therefor.
If Owner considers the Work (or designated portion) substantially complete, Owner shall
prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which shall
fix the date of Substantial Completion for the entire Work (or designated portion thereof) and
include a tentative punch list of items to be completed or corrected by Contractor before final
payment.
Owner shall have the right to exclude Contractor from the Work and Project site (or designated
portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor
reasonable access to complete or correct items on the tentative punchlist.
Upon receipt of written certification by Contractor that the Work is completed in accordance
with the Contract Documents and is ready for final inspection and acceptance, Owner will
make such inspection and, if Owner finds the Work acceptable and fully performed under the
Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit F,
recommending that on the basis of his observations and inspections, and the Contractor's
certification that the Work has been completed in accordance with the terms and conditions of
the Contract Documents, that the entire balance found to be due Contractor is due and
payable. Final payment shall not become due and payable until Contractor submits:
(1) The Release and Affidavit in the form attached as Exhibit "B".
(2) Consent of Surety (if applicable) to final payment.
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(3) If required by Owner, other data establishing payment or satisfaction of all obligations,
such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the
extent and in such form as may be designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination as to
the acceptability of the Work. Unless and until the Owner is completely satisfied, the final
payment shall not become due and payable.
27. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to
Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar
days from the Commencement Date. No Work shall be performed at the Project site prior to the
Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall
be at the sole risk of Contractor.
The Work shall be substantially completed within the time specified in the Request for
Quotation. The date of substantial completion of the Work (or designated portions thereof) is
the date certified by the Owner when construction is sufficiently complete, in accordance with
the Contract Documents, so Owner can occupy or utilize the Work (or designated portions
thereof) for the use for which it is intended. The Work shall reach final completion and be
ready for final acceptance by Owner within the time specified in the Request for Quotation.
Owner and Contractor recognize that since time is of the essence for any work under this
Agreement, Owner will suffer financial loss if the Work is not substantially completed within the
time specified in the Request for Quotation. Should Contractor fail to substantially complete
the Work within the specified time period, Owner shall be entitled to assess as liquidated
damages, but not as a penalty, the amount specified in the Request for Quotation for each
calendar day thereafter until substantial completion is achieved.
The Project shall be deemed to be substantially completed on the date the Owner issues a
Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby
expressly waives and relinquishes any right which it may have to seek characterize the above
noted liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of the Owner's actual damages at the time of contracting if Contractor
fails to substantially complete the Work in a timely manner.
When any period of time is referenced by days herein, it shall be computed to exclude the first
day and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction,
such day shall be omitted from the computation, and the last day shall become the next
succeeding day which is not a Saturday, Sunday or legal holiday.
28. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County
by the Alternative Transportation Modes Department.
29. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set out
verbatim, including: Contractor's Proposal, Insurance Certificate, Bid 09-5111 R, any addenda, any
QuotationlWork Order made or issued pursuant to this Agreement, and any related plans or
specifications for any such Quotations or Work Orders.
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30. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or
give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any
County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics
Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision
may result in one or more of the following consequences: a. Prohibition by the individual, firm,
andlor any employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual andlor firm from doing business with the County for a specified period
of time, including but not limited to: submitting bids, RFP, andlor quotes; and, c. immediate
termination of any contract held by the individual andlor firm for cause.
31.SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the
parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
32. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the Work. No
markup shall be applied to sales tax.
33.IMMIGRA TION LAW COMPLIANCE: By executing and entering into this agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully responsible for
complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8
U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the
Contractor to comply with the laws referenced herein shall constitute a breach of this agreement
and the County shall have the discretion to unilaterally terminate this agreement immediately.
34. VENUE: Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
35.0FFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and
agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or
resultant contract to other governmental entities at the discretion of the successful proposer.
36.AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or otherwise
unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect.
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IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
ATTEST:
Dwight E. Brqck,CIe~o~Courts
By:-1}~ ~tn~h;;cn 0 .
Dated: .'
Attest IS (~.f_ ,
,tQll.t..e 011.- '
~~~~
First Witness
}~f\nJcCf41x'-t\tioLr
TypelPrint Witness Name
Approved as to form and
leg&:c~RJ~ 1_
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
B~
Tom Henning, C irman
Hannula Landscaping and Irrigation, Inc.
Q 'A/IlL. -----;r
By: U-rr/l.:;:~{--
"'" Signature
~a....\Q... \~""...:>'\v-
Typed Signature
'\> {' .P \, A'l1'- \.
Title
Page -10-
ltem# 1<0 eA
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EXHIBIT A
PUBLIC PAYMENT BOND
1689
Bond No.
Contract No. 09-5111 R
KNOW ALL MEN BY THESE PRESENTS: That
, as
Principal, and , as Surety, located at_
(Business Address)
are held and firmly bound to as
Oblige in the sum of ($) for
the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors
and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the
,200_, with Oblige for
day of
in accordance with
drawings and specifications, which contract is incorporated by reference and made a part hereof, and
is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full
force.
Any changes in or under the Contract and compliance or noncompliance with any formalities
connected with the Contract or the changes do not affect sureties obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.0592. In no event
will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment
Bond, regardless of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
200_, the name of under-signed representative, pursuant to authority of its governing
body.
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1689
Signed, sealed and delivered
in the presence of:
PRINCIPAL:
Witnesses as to Principal
By:
Name:
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this of
,~ cl
corporation, on behalf of the corporation. Helshe is personally
as identification and did (did
200_, by _
,a
known to me OR has produced
not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.
ATTEST:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
OR
Page -12-
1689
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
200_, by , as
of , Surety, on behalf of Surety. He/She is personally known
to me OR has produced as identification and who did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
Page -13-
1689
EXHIBIT A-2
PUBLIC PERFORMANCE BOND
Bond No.
Contract No. 09-5111 R
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal, and
, as Surety, located at
(Business Address) are held and firmly bound to
, as Oblige in the sum of
($ ) for the payment whereof we bond ourselves, our heirs,
executors, personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the _ day of
200_, with Oblige for
in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat
hereof, and is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract, and
2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of
any default by Principal under the Contract, including, but not limited to, all delay damages, whether
liquidated or actual, incurred by Oblige; and
3. Performs the guarantee of all work and materials furnished under the Contract for the time specified
in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under
the Contract and compliance or noncompliance with any formalities connected with the Contract or
the changes do not affect Sureties obligation under this bond.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time,
alterations or additions to the terms of the Contract or other work to be performed hereunder, or the
specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby
waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or
to work or to the specifications.
Page -14-
1689
This instrument shall be construed in all respects as a common law bond. It is expressly understood
that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this
bond.
In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this
Performance bond regardless of the number of suits that may be filed by Oblige.
IN WITNESS WHEREOF, the above parties have executed this instrument this _ day of
200_, the name of each party being affixed and these presents duly signed by its
undersigned representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of :
PRINCIPAL:
By:
Name:
Its:
Witnesses as to Principal
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
200_, by , as of
, a corporation, on behalf of the corporation.
HelShe is personally known to me OR has produced as identification and
did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
Page -15-
ATTEST:
SURETY:
1689
(Printed Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
200___, by , as
of , Surety, on behalf of Surety. He/She is personally known
to me OR has produced as identification and who did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
Page -16-
1689
EXHIBIT B
RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER )
STATE OF FLORIDA )
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $
paid, ("Contractor") releases and waives for itself and it's
subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses,
whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in
any way to the performance of the Agreement between Contractor and Owner, dated
200_ for the period from to
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges
for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a
lien or a demand against any payment bond might be filed, have been fully satisfied and paid.
(3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions,
claims of liens or other charges filed or asserted against the Owner arising out of the performance by
Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment
No._
CONTRACTOR
BY:
ITS:
President
DATE:
Witnesses
[Corporate Seal]
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
200_, by , as of
, a corporation, on behalf of the corporation.
personally known to me or has produced
identification and did (did not) take an oath.
Helshe is
as
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No.:
Page -17-
1689
EXHIBIT C
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER)
FROM:
(Contractor's Representative)
(Contractor's Name)
(Contractor's Address)
RE:
Name)
Bid No. 09-5111 R
Project No.
Application Date
Payment Application No.
for Work accomplished through the Date:
(Project
Original Contract Time:
Revised Contract Time:
Retainage @ 10% thru[insert date] $
Retainage @ _0/0 after [insert date] $
Percent Work completed to Date:
Percent Contract Time completed to Date
%
%
Liquidated Damages to be Accrued $
Original Contract Amount: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
Less previous payment (s) $
AMOUNT DUE THIS
APPLICATION: $
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 _ inclusive; (2) title to all materials and equipment incorporated in said Work or othelWise listed
in or covered by this Application for Payment will 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; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added
to the revised contract and shall be incorporated into a future Change Order:
By CONTRACTOR:
DATE:
(Contractor's Name)
(Signature)
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
By Design Professional:
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
(DP's Name)
(Signature) DATE:
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
(Type Name & Title)
By OWNER'S Project Manager:
Page -18-
(Signature) DATE:
(Type Name and Title)
1689
EXHIBIT D
CHANGE ORDER
CHANGE ORDER NO.
CONTRACT NO. 09-5111R
TO:
DATE:
PROJECT NAME:
PROJECT NO,:
Under our AGREEMENT dated
,200_.
You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions
of the Agreement:
FOR THE (Additive) (Deductive)
Sum of: $
($
Original Agreement Amount $
Sum of Previous Changes $
This Change Order (Add) (Deduct) $
Present Agreement Amount $
The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly,
the Contract Time is now L---> calendar days. The substantial completion date is and the
final completion date is Your acceptance of this Change Order shall constitute a modification to our
Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above,
as fully as if the same were repeated in this acceptance, The adjustment, if any. to the Agreement shall constitute a full and
final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims
for impact and delay costs.
Accepted:
,200_
CONTRACTOR:
OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
DESIGN PROFESSIONAL:
By:
Page -19-
EXHIBIT E
1689
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
ENGINEER'S Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial completion applies to all Work under the Contract documents or to the
following specified parts thereof:
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be
substantially complete in accordance with the contract documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-
inclusive, and the failure to include an item in it does not alter the responsibility of the CONTRACTOR
to complete all the Work in accordance with the Contract Documents. The items in the tentative list
shall be completed or corrected by CONTRACTOR within days of the above date of
Substantial Completion.
Page -20-
The responsibilities between OWNER and CONTRACTOR for security, operation, safety,
maintenance, heat, utilities, insurance and warranties shall be as follows:
1689
RESPONSIBILITIES:
OWNER:
CONTRACTOR:
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance
with the Contract Documents.
Executed by Design Professional on
,200
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,200_
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
,200_
OWNER
By:
Type Name and Title
Page-21-
1689
EXHIBIT F
CERTIFICATE OF FINAL COMPLETION
OWNER'S Project No.
PROJECT:
ENGINEER'S Project No.
CONTRACTOR
Contract For
Contract Date
This Certificate of Final completion applies to all Work under the Contract documents.
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be
finally complete in accordance with the contract documents on:
DATE OF FINAL COMPLETION
Page -22-
1689
The following warranty is attached to and made a part of this Certificate:
Executed by Design Professional on
,200_
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Final Completion on
2004
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Final Completion on
2004
OWNER
By:
Type Name and Title
Page -23-
1689
EXHIBIT G
WARRANTY
In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned
CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the
contract either directly performed by the CONTRACTOR or at the express request of the
CONTRACTOR by a SUBCONTRACTOR or CONSULTANT.
Project Name:
Date of Final Completion:
Name and Address of CONTRACTOR:
CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of
all defects of materials and workmanship for a period of one year from the DATE OF FINAL
COMPLETION.
The undersigned party further agrees that it will, at its own expense, replace andlor repair all
defective work and materials and all other work damaged by any defective work upon written demand
by the COUNTY. It is further understood that further consideration for this warranty and guaranty is
the consideration given for the requirement pursuant to the general conditions and specifications
under which the contract was let that such warranty and guaranty would be given.
This warranty and guaranty is in addition to any other warranties or guarantees for the work
performed under the contract and does not constitute a waiver of any rights provided pursuant to
Florida Statutes, Chapter 95, et seq.
DATE:
CONTRACTOR
BY:
Attest:
Page -24-
ACORDm CERTIFICATE OF LIABILITY INSURANCE I DATE (MM1DDIYYYY)
01/15/09
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Gulfshore Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
4100 GoOOI_ Road North HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Naples, FL 34103 -3303
239 261-3646 INSURERS AFFORDING COVERAGE NAIC.
INSURED INSURER A: FCCllnsurance Company
Hannula Landscaping & Irrigation, Inc. INSURER 8:
26131 Quails Nest Lane INSURER c:
Bonita Springs, FL 34135-6930 INSURER 0:
INSURER E:
Client#. 33375
HANLA1
1689
COVERAGES
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 MAYBE IssueD OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
~= TYPE OF INSURANCE POLICY NUMBER POLICY EFFECnve P~~'fY EXPIRATtON LIMITS
A ~NERAL UABlUTY GLOO067391 01/13/09 01/13/10 EACH OCCURRENCE '1 000 000
X COMMERCIAl GENERAl LIABILITY DAMAGE TO RENTED '100000
I ClAIMS MADE [!] OCCUR MED EXP (Anyone person) .5000
lL PD Ded:1.000 PERSONAL & ADV INJURY .1000000
- GENERAL AGGREGATE .2 000 000
GEN'L AGGREGATE LIMIT APrlS PER: PRODUCTS ~ COMPIOP AGG .2 000 000
~-POlICyrl :.~,Q;: LOC
A ~TOMOBIL.E LIABILITY CA00100451 01/13/09 01/13/10 COMBINED SINGLE LIMIT
lL ANY AUTO (Ea accident) '1,000,000
- AlL OWNED AUTOS BODILY INJURY
.
SCHEDULED AUTOS (P&fpefSOn)
-
~ HIRED AUTOS BODILY INJURY
(~ accident) .
lL NON-OWNED AUTOS
- PROPERTY DAMAGE .
(Per accident)
~G' LlASIUTY AUTO ONLY - EA ACCIDENT .
ANY AUTO OTHER THAN EAACC .
AUTO ONLY: AGG .
A EXCESSJUMBRELLA UABtLITY UMB00062121 01/13/09 01/13/10 EACH OCCURRENCE .3 000 000
~-OCCUR D CLAIMS MADE AGGREGATE .3 000 000
.
~ ~EDlJCTIBlE .
X RETENTION .10000 .
A WORKERS COMPEN8ATlON AND 001WC08A40029 01/01/09 01/01/10 X I.WCSTATU-, I IOJ~
EMPLOYERS' LIABILITY .500 000
ANY PROPRIETORlPARTNERlEXECUTIVE E.l. EACH ACCIDENT
OFF1CERlMEMBER EXCLUDED? E.l. DISEASE - EA EMPLOYEE .500,000
lfyes, describe under E_l. DISEASE - POLICY LIMIT .500 000
SPECIAL PROVISIONS below
OTHER
DESCRJPTtON OF OPERATIONS I LOCATIONS I VEHICLES' EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS
Bid:09-5111R-Radlo Road Beautification MSTD/MSTU Roadway Grounds
Maintenance
Collier County Board of County Commissioners is Named as Additional
Insured with Respects to General Liability per CG2033 0704. "30 days
(See Attached Descriptions)
CERTIFICATE HOLDER
CANCELLATION
Collier County Board of County
Commissioners
Naples, FL 34102
SHOULD ANY OF THE ABOVE DEscmBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL --3D- DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
#S348019/M347612
~
ACORD 25 (2001108) 1 of 3
CAH
co ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED. the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED. subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
hoider in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmativeiy or negatively amend, extend or aller the coverage afforded by the policies listed thereon.
ACORD 25-8 (2001108) 2 of 3
#S348019/M347612
DESCRIPTIONS (Continued from Page 1)
notice
of cancellation, except 10 days for nonpayment.
AMS 25.3 (2001/08)
3 of3
#S348019/M347612
1689
EXHIBIT A -1 Contract Amendment 09-5111R
"Radio Road Beautification MSTIMSTD Roadway Grounds Maintenance"
y.
This amendment, dated July 2, 2009 to the referenced agreement shall be by and between
the parties to the original agreement, Hannula Landscaping and Irrigation, Inc., (to be
referred to as "Contractor") and Collier County, Florida, (to be referred to as "County").
Statement of Understanding
The following change to the above referenced Agreement has been mutually agreed to by the
Contractor and the County:
The deletion of language in Section 13 of the Agreement is shown herein by strikethrough,
]3. PAYMENTS: Generally, the Contractor will be paid upon completion however, for Work
in excess of thirty (30) days, the Contractor may indicate on his response to the Request for
Quotation his wish to receive Progress Payments. 8t1bseql:lllllt to the first fllt)'meftt,
CaHtmeter must pra'tide OWHef with a fully eX66utea Release ena Affiaayit in the feffl'l
ttttaclled .lieret6 as Bxhibit "B" ltll a eeflaitieH precedent t6 release of reellpfogres5 paymeflt.
All applications for payment, whether for full payment or a progress payment shall be in
writing, and in substantially the form attached hereto as Exhibit "C".
In each Request for Quotation, the Owner reserves the right to specify the period of
completion and the collection ofliquidated damages in the event oflate completion.
All other terms and conditions of the Agreement shall remain in force.
IN WITNESS WHEREOF, the Contractor and the County have each. respectively, by an
authorized person or agent, hereunder set their hands and seals on the date(s) indicated below.
Accepted:
dw'~ IS}
,2009
CONTRACTOR:
~:u~~ion,lnc.
Authorized Signatory
~k.. F. H..N~ PJf.tJiJ",i-
Print Name and Title
OWNER:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~ f1~~
Stephen Y. ameli
Director of Purchasing and General Services
Approved as to form and
Legal sufficiency:
cCQRo~~
Assistant Coun Attorney
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 B
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 10
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should he hand deliwn::d to the Board Office The completed rouling slip and original
documents are to be jilrwarded to the Board Office only after the Board has takt:n action on the item.)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or intormation needed, If the document is already complete with the
exee tion of the Chairman's si nature, draw a line Ihrou h routin lines #1 thrau #4, com lete the checklist, and forward to Sue Filson (Iine#5).
Route to Addressee(s) Office Initials Date
List in routin order)
I.
2.
3.
4. <~ off- e, 1€-D-C h
5. Sue Filson, Executive Manager
,t .L
C~o LLI'I \ -L
Board of County Commissione
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary conta:t is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one oflhe addressees above, inclooing Sue hlson, need to cmtact staff for additional or missing
information. All original documents needing the Bee Chairman's signature are to be delivered to the BCe office only after the BeC has acted to approve the
item.)
Name of Primary Staff Michael Greene Phone Number 252-5849
Contact
Agenda Date Item was 12-02-08 Agenda Item Number 16 b 10
Approved bv the BCC
Type of Docwnent Resolution & Agreement Number of Original '-t - AS re"",e~i-,
Attached Documents Attached I - JR-"'~'.f"f'~f\
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a TO riate.
Original docwnent has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parti"s except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the fmal ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some docwnents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 12-02-08 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chao es, if a licable.
Yes
(Initial)
N/A (Not
A lieable)
2.
3.
4.
5.
6.
,t>
,'\ C<,
'-~~
1...0
,'\ ...
ub
I: Forms! COOOty Formsl BCe Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
16810
Co~T County
~ ~ - ~
MEMO
To: Minutes and Records
From: Laurie Beard, Trans. Planner
Date: January 12,2009
Re: Resolution and Agreement
After the Resolution and Agreement have been attested, please
send back to Michael Greene in Transportation Planning via inter-
office mail. Michael needs to send these to FDOT for their
signature and review. Once we get them back, Michael will
forward the originals back to you.
Thank you.
Laurie Beard
Trans. Planner
16B10
MEMORANDUM
Date:
January 27,2009
To:
Michael Greene, Planning Manager
Transportation Planning Department
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2008-346 & accompanying Transportation Post
Project Maintenance Agreement between Collier County
and FDOT for Project #030176: CR 901 @ Vanderbilt Drive
(over the Cocohatchee River) Bridge Replacement Project
Attached for further processing, you will find a certified copy of the above
referenced resolution and four original duplicate agreements referenced
above, (Agenda Item #16BI0) adopted/approved by the Board of County
Commissioners on Tuesday, December 2, 2008.
After forwarding to FDOT for review and signatures, please return a fully
executed original agreement to the Minutes & Records Department so
that it may be kept in the Board's official records.
If you should have any questions, please contact me at 252-8406.
Thank you.
Attachments:
(1 Certified Resolution)
(4 Original Agreements)
16810
RESOLUTION NO. 2008-346
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA MEMORIALIZING THE BOARD'S
APPROVAL OF A TRANSPORTATION POST PROJECT MAINTENANCE
AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF
TRANSPORTATION AND COLLIER COUNTY RELATED TO THE CR 901
AT VANDERBILT BRIDGE # 030176 COCOHATCHEE RIVER BRIDGE
REPLACEMENT PROJECT AND AUTHORIZING THE CHAIRMAN TO
SIGN THAT AGREEMENT AT THE DECEMBER 2, 2008 MEETING.
WHEREAS, at the December 2, 2008, meeting of the Board of County Commissioners the
Board approved a Post Project Maintenance Agreement (the "Maintenance Agreement") with the
Florida Department of Transportation establishing the responsibilities of the parties pertaining to
post-project maintenance after the repair/replacement of the CR 901 at Vanderbilt Drive Bridge
# 030176 over the Cocohatchee River Bridge and authorized the Board of County
Commissioners, through its Chairman, to enter into the Maintenance Agreement with the Florida
Department of Transportation; and
WHEREAS, the Florida Department of Transportation requires the Board to provide a
resolution memorializing and confirming the Board's aforementioned affirmative vote to
approve the agreement and authorize the Chairman to execute the Maintenance Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that;
On December 2, 2008, the Board of County Commissioners approved by majority vote
the Maintenance Agreement and authorized its chairman to execute that Agreement.
A certified copy of this Resolution will be forwarded by the Collier County Clerk to
FDOT along with the executed Agreement.
This Resolution is hereby adopted after motion, second and majority vote this 2nd day of
December 2008.
ATTEST:
DWIGHT E. BRQCK, Clerk
>, "JBOr;__ -".
~. . . - . " .,
~~;Dt.
dOflat.....JlOfI'.)
.. "
,j>
A~~7ij~egal sufficiency:
Scott R. Teach,
Deputy County Attorney
16B10
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
B~
TOM HENNIN ,
ltem# ~
~~:,da .l7,-l-o~
=d I,.lt:r~
~~
Florida Department of Transportation
16BIO
CHARLIE CRIST
GOVERNOR
P.O. Box 1030
Fort Myers, Florida 33902
STEPHANIE C. KOPELOVSOS
SECRETARY
February]],2009
Ann Jennejohn
Deputy Clerk
Collier Clerks of Courts
3301 E. Tamiami Trail
Naples, FL 34] 12
RE: Executed Transportation Post Project Maintenance Agreement
Financial Project No.: 408440 1 52 01
Description: CR 901 at Vanderbilt Drive Bridge # 030176 over
Cocohatchee river bridge replacement
Dear Ms. Jennejohn:
Enclosed for your files is one (1) copy of the executed Maintenance Agreement on the above
referenced project.
Should you have any questions, please feel free to contact me at (239) 46]-4300.
Sincerely,
~
aren A. Miracola
istrict LFA/JPA Coordinator
cc: Michael Greene, Planning Manager, w/original
James Wooten, Project Manager, MS ] -27, w/original
www.dot.state.fl.us
16BIO
FPID # 408440 1 52 01
TRANSPORTATION POST PROJECT MAINTENANCE AGREEMENT
BETWEEN
FLORIDA DEPARTMENT OF TRANSPORTATION
AND
COLLIER COUNTY
This is an Agreement, by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, hereinafter referred to as the "DEPARTMENT," and COLLIER
COUNTY, hereinafter referred to as "LOCAL AGENCY" for the maintenance of post-project
transportation enhancements described below.
WITNESSETH
1. WHEREAS, pursuant to S339.08(2)(b), Florida Statutes (1995) and the Intermodal
Surface Transportation Efficiency Act of 1991, the DEPARTMENT is authorized to
undertake a project within the LOCAL GOVERNMENT geographical limits; and
2. WHEREAS, said project is identified and known to the parties as Financial Project #
408440 1 5201, FAP # 00B1 014 B, which will benefit the LOCAL AGENCY; and
3. WHEREAS, in accordance with Title 23, U.S. Code, Section 116 and Federal Highway
Administration regulations issued pursuant thereto, there must be an agreement from
the LOCAL GOVERNMENT to maintain the project; and
WHEREAS, the LOCAL GOVERNMENT by Resolution No.2008-346 , dated
Dee. 2, 2008, a copy of which is attached hereto and made a part hereof, has consented
to and approved the Agreement and has authorized its Chairman of the Board of County
Commissioners or Designee to execute said Agreement.
NOW, THEREFORE, in consideration of the premises, the parties agree as follows:
1. The DEPARTMENT has undertaken the project and obtained approval for federal
participation in CR 901 at Vanderbilt Drive Bridge # 030176 over Cocohatchee river
bridge replacement.
2. It is understood and agreed by the parties that upon completion of the project, the
LOCAL AGENCY shall be responsible, at its costs, for maintenance of said project in
accordance with the following federally accepted state standards: (a) Manual of Uniform
Minimum Standards for Design, Construction and Maintenance for Streets and
Highways (2005), as amended; (b) FDOT Procedures 850-065-001 and 850-065-002,
as amended.
16810
3. This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements or understandings applicable to the matters contained
herein and the parties agree that there are no commitments, agreements or
understanding concerning the subject matter of this Agreement that are not contained
in this document. Accordingly, it is agreed that no deviation from the terms hereof shall
be predicated upon any prior representation or agreements whether oral or written.
4. To the extent allowed by law the LOCAL AGENCY hereby agrees to indemnify, defend,
save and hold harmless the DEPARTMENT and its officers, agents and employees
from all claims, demands, liabilities and suits of any nature arising out of, because of, or
due to any negligent act or occurrence of omission or commission of the LOCAL
AGENCY, its officers, agents or employees. It is specifically understood and agreed
that this indemnification clause does not cover or indemnify the DEPARTMENT for its
negligence.
5. This Agreement shall be governed, interpreted and construed according to the laws of
the State of Florida.
16810
IN WITNESS WHEREOF, the COLLIER COUNTY has caused this AGREEMENTto
be executed in its behalf through its Chairman or designee, and the DEPARTMENT has
caused this AGREEMENT to be executed in its behalf through its District Secretary for
District One, FLORIDA DEPARTMENT OF TRANSPORTATION as indicated below. This
AGREEMENT shall become effective on:
:;> /10 /09
.. .
',cr ";' COLLIER COUNTY
ATTEST:nwigh:fJ{;".Broek, Clerk
... : .;"'\
BY: tWM ~~A. 0 G.
.~A IS to 0..'''''' ,
.t..... 0Ii1~~'
PRINT NAME ,,' '
BY:
C AIRMAN OR DESIGN
BOARD OF COUNTY C
Tom Henning
PRINT NAME
Deeember 2, 2008
TITLE
COLLIER COUNTY LEGAL REVIEW:
DATE
DATE
DATE
.-~-;7?J:Ln ~JJ)b1
De,aty County AU.....,
BY:
STATE OF FLORIDA DEPARTMENT OF TRANSPITATION
ATTEST
ByhM#t'L 1n'~ ~:Dljg /
~~Tva-l~Yfl t /vl CCdnb: ~~~b (~O~
Jidty\II'\I$brt-hV~ AS/~1nnf ZjJ4D'-t)lr!(~t at TW1V\s~~ be.v. Z./J{}/01
TITLE DATE TITLE DATE
T MANAGER A::~
FLA. DEPT, OF TRANS, LEGAL REVIEW:
BY', //~"':'.';""''''.r
"-,,, ..'-' .".
/ 1tI"lI#t>7
/
16811
MEMORANDUM
Date:
December 10, 2008
To:
Rhonda Cummings, Contract Specialist
Purchasing Department
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Contract No.: 08-5067
"Real Estate Appraisal Service"
Contractor: Callaway & Price
Enclosed please find one (1) original contract, as referenced above,
(Agenda Item #16Bll), approved by the Board of County
Commissioners on Tuesday, December 2, 2008.
An original is being kept in the Minutes and Records Department as part
of the Board's permanent records.
If you should have any questions, please contact me at 252-8411.
Thank you.
Enclosures
16 BU)
Q~OCliffiJMED:
COUNTY AITOn:\!EY
ITEM NO.:~-~ \d::- O(CJJL
FILE NO.:
ROUTED TO:
?~E"":"~ '~'::",0 -, ~~M '). .., 2
~.~..__,,~ .' , :1 ,., '. .
'C_'. ....,. " ;... V
DO NOT WRITE ABOVE THIS LINE
[Iv 1\~
\J~1~{&-1
REQUEST FOR LEGAL SERVICES
Date: December 2, 2008
To:
From:
Re:
Office of the County Attorney
Attention: Jeff Klatzkow
Rhonda Cummings, CPPB, Contract Specialist . /tl/~i\d (,.. C/!tf7 )ii-1;,/~_)_>
Purchasing Department, Extension 8941
Contract: #08-5067 "Real Estate Appraisal Service" II d- _ <6' - og
Appraisers: J, /~
American Acquisition Group CJYl u cO
Anderson & Carr p I ~ . () 0 ~
Appraisal Group of Central Florida
(Boyd, Schmidt and Brannum
Callaway & Price
Kenneth C. Evans
Kenneth R. Devos
Integra Realty Resources
Real Estate Appraisal and Litigation
Retech
Wilcox Appraisal Services
BACKGROUND OF REQUEST:
This contract was approved by the BCC on December 2, 2008;
Agenda Item 16.B.11
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Jeff, this is a standard contract with no changes. Please forward to
BCC for signature after approval. If there are any questions concerning the
document, please contact me. Purchasing would appreciate notification when
the documents exit your office. Thank you.
MEMORANDUM
16B11
TO: Ray Carter
Risk Management Department
FROM: Rhonda Cummings, FCCN, CPPB, Contract Specialist;\ 47;;1/,: L~(IJl!l':r:-{? -,---.....
Purchasing Department ' I. ! /
DATE: December 2,2008
RE: Review of Insurance for Contract: #08-5067 "Real Estate
Appraisal Service"
Appraisers:
American Acquisition Group
Anderson & Carr
Appraisal Group of Central Florida
Boyd, Schmidt and Brannum
J Callaway & Price
Kenneth C. Evans
Kenneth R. Devos
Integra Realty Resources
Real Estate Appraisal and Litigation
Retech
Wilcox Appraisal Services
OATE RECEIVED
DEe II 3 2008
H
Mt-NAGEMUfl G' . /
1-'<1 1;{G
Lfft ;'~"r [I.'. '/ I ut
-1 " . /.,,4
This Contract was approved by the BCC on December 2, 2008; Agenda Item
16.B.11
Please review the Insurance Certificates for the above-referenced contract
and forward to the County Attorney's Office for further signature routing.
Thank you. If you have any questions, please contact me at extension 8941.
dod/RC
C: Harry Henderson, TECM/ROW
, www.sunbiz.org - Department of State
Page 1 of2
16811
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CALLAWAY AND PRICE, INC.
Filing Information
Document Number 394208
FEI Number 591373470
Date Filed 01/19/1972
State FL
Status ACTIVE
Principal Address
1639 FORUM PLACE
#5
WEST PALM BEACH FL 33401-2330
Mailing Address
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#5
WEST PALM BEACH FL 33401-2330
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SLADE, MICHNEL R
1639 FORUM PLACE
STE 5
WEST PALM BEACH FL 33401
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Address Changed: 02/21/2002
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SLADE, MICHAEL R
1639 FORUM PL #5
W PALM BEACH FL
Title VS
GRAY, HARRY D
1639 FORUM PL #5
W PALM BEACH FL
Title VT
HRABKO, DANIEL P.
1639 FORUM PL 5
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Title V
SHAW, STEPHEN D
1639 FORUM PL 5
W PALM BCH FL
Tille V
PHILLIPS, CURTIS L
1639 FORUM PL #5
WEST PALM BEACH FL 33401
Title V
NEILL, STEPHEN G
1639 FORUM PL #5
WEST PALM BEACH FL 33401
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16B11
A G R E E MEN T 08-5067
for
Real Estate Appraisal Services
THIS AGREEMENT, made and entered into on this L day of 1)cL"....J,,,,,--; 2008, by and
between Callaway & Price, Inc., authorized to do business in the State of Florida, whose
business address is 1639 Forum Place, Suite 5, West Palm Beach, Florida 33401, hereinafter
called the "Appraiser" (or "Consultant") and Collier County, a political subdivision of the
State of Florida, Collier County, Naples, hereinafter called the "County":
WITNESSETH:
1. COMMENCEMENT. The Agreement shall commence upon issuance of a Purchase
Order and a Notice to Proceed. In accordance with RFP 08-5067 "Real Estate Appraisal
Services", Appraiser shall provide a written fee proposal to the County for each service,
hereinafter "Work", to be performed under this Agreement. Upon approval by the
Project Manager, a Purchase Order and a Notice to Proceed shall be issued for the
service as specified in the proposal. The Appraiser shall then provide the specified
service to the County. The Agreement shall be for a one (1) year period, effective on the
date the Agreement is approved by the Board of County Commissioners.
The County may, at its discretion and with the consent of the Appraiser, renew the
Agreement under all of the terms and conditions contained in this Agreement for three
(3) additional one (1) year periods, The County shall give the Appraiser written notice
of the County's intention to extend the Agreement term not less than ten (10) days prior
to the end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Appraiser shall provide real estate appraisal services
in accordance with the terms and conditions of RFP #08-5067, Exhibit "A" Scope of
Services, and the Appraiser's proposal referred to herein and made an integral part of
this agreement. This Agreement contains the entire understanding between the parties
and any modifications to this Agreement shall be mutually agreed upon in writing by
the Appraiser and the County project manager or his designee, in compliance with the
County Purchasing Policy and Administrative Procedures in effect at the time such
services are authorized.
3. COMPENSATION: The County shall pay the Appraiser for the performance of this
Agreement upon completion or partial completion of the work tasks as accepted and
approved by the County Project Manager or his designee pursuant to the fees as set
forth in Exhibit "B", included in this agreement, together with the Travel and
Reimbursable Expenses as defined in this agreement. Payments shall be made to the
Page I of 15
16811
Appraiser when requested as services are rendered, but not more frequently than once
per month, on an estimated percentage complete for the Labor and Expenses Fee and at
actual costs for Travel Expenses. Payment will be made upon receipt of a proper invoice
and in compliance with Section 218.70, Fla. Stats" otherwise known as the "Local
Government Prompt Payment Act". Reimbursable expenses shall be invoiced for the
expenditures incurred by the Consultant as follows:
Expenses of transportation and living when traveling in connection with each
Purchase Order, except for local travel within Collier or Lee Counties, as provided in
Section 112.061, F.5., and all Agreement-related mileage for trips that are from/to
destinations outside of Collier or Lee Counties approved in advance by the County.
The time reported by the Appraiser to perform specific work related to litigation is
subject to final approval by the County Attorney, or by an attorney employed by and
representing the County. Appraiser's invoice must contain a description of the service
provided, project and parcel number (or name), and the amount of fee payable, The
Appraiser shall maintain documentation for all fees charged under the terms of this
Agreement for a period of not less than three (3) years from the date of the final
invoice for appraisal services rendered relative to a Property. Fees for the services of
any and all subcontractors and sub consultants employed by Appraiser must be
authorized in advance by County Purchase Order.
Reimbursement rates as provided in Section 112,061, Florida Statutes, currently:
Mileage: $ 44,5 per mile
Breakfast: $ 6.00
Lunch: $11,00
Dinner: $19.00
Airfare: Actual ticket cost of Coach Fare
Rental car: Actual rental cost of midsize or smaller car
Lodging: Actual cost of reasonable lodging at single occupancy rate
Parking: Actual cost of parking
4. COMPLETION/CORRECTION. If a substantially completed written appraisal report
(original) is delivered to the County by the due date, or by a date mutually agreed upon,
but which report fails to comply with the USP AP, or which report contains errors or
omissions from within either the body or the addenda, Appraiser shall, within fourteen
(14) calendar days from the date of notification by the County Project Manager, furnish
such corrected and/ or additional pages which will bring the appraisal report into
compliance with the USP AP and/or correct such errors and omissions (if any). No
penalty for late performance will be charged against the Appraiser within said fourteen
(14) day period. Nor shall Appraiser charge the County any additional fees from
bringing written appraisal reports into compliance with the USP AP, for correcting any
errors, or for providing previously omitted materials.
5. DEDUCTIONS FOR NON-PERFORMANCE. It is acknowledged that time is of the
essence. The County reserves the right to deduct portions of the (monthly) invoiced
amount for items not completed within the expressed time frame. These funds would be
Page 2 of 15
16811
forfeited by the Appraiser and that the following schedule shall govern the deduction
for late performance:
(a) In the event that the services are not completed and submitted to County in
accordance with the due date as set forth in a County Purchase Order; then County at
its discretion may reduce the fee payable to Appraiser by seven percent (7%) for each
week, or portion thereof, for every week the services are past due; or
(b) In the event that circumstances beyond the control of Appraiser cause completion
of the services to be delayed beyond the due date as set forth in a County Purchase
Order, and prior to said due date there is a mutual understanding between the parties
to this Agreement that such delays were beyond the control of Appraiser, County may
issue an written extension of the due date without penalty deduction. Said extension
shall cite the reason for delay in completion of the appraisal report and shall set a new
due date for submission of the report. Deductions as described above shall apply to
the revised due date.
6. SALES TAX. Appraiser shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work.
7. CONTRACT ADMINISTRATION. The Transportation Right of Way Acquisition
Manager or the Manager's designee (hereinafter referred to as "Contract Manager"),
shall be responsible for ensuring performance under the terms and conditions of this
Agreement.
8. MEETINGS. Appraiser shall meet with the Contract Manager to discuss the Work at a
time(s) and p1ace(s) of meeting(s) which shall be established by mutual agreement of the
parties to this Agreement.
9. CERTIFICATE OF APPRAISAL. In accordance with the Work, all Certificates of
Appraisal shall be signed by Stephen D. Shaw, MAL In addition, at the discretion of
Appraiser, one (1) associate appraiser, either working in a contractual relationship or as
an employee of Appraiser, is hereby authorized by County to sign the Certificate of
Appraisal. All persons consulted by Appraiser in the making of appraisals under the
terms of this Agreement must be properly identified in the written appraisal report(s).
10. CONFIDENTIALITY. Subject to the requirements of the Florida Public Records Act,
Chapter 119, Fla. Stat., and the Florida Sunshine Law, Chapter 286, Fla. Stat., Appraiser
shall neither discuss nor divulge the contents of the written appraisal reports relating to
the Property with anyone without the approval of the Contract Manager. Further,
Appraiser shall save harmless the County from all claims or liabilities, including court
costs and attorneys fees, due to Appraiser's activities, or those of Appraiser's agents or
employees, and shall not engage in any business transactions involving any of the
properties appraised under the terms and conditions of this Agreement for a period of
one (1) year from the date of valuation of the latest appraisal, or updated appraisal, of
any of the Property.
Page 3 of ] 5
16811
11. UNLAWFUL SOLICITATION AND ASSIGNMENT OF AGREEMENT. By the
execution of this Agreement, Appraiser warrants that it has not employed, retained,
paid, or agreed to pay, any company or person, other than a bona fide employee, to
solicit or secure this Agreement contingent upon, or resulting from, the award or
making of this Agreement. Appraiser further warrants that no part of the total of the
fees payable under the terms of this Agreement shall be paid directly or indirectly to
any employee of the County as wages, compensation, or gift in exchange for acting as
officer agent, employee, subcontractor, or consultant to the Appraiser in connection
with any appraisal work performed or contemplated under the terms of this Agreement,
without prior County approval. Appraiser further warrants that there shall be no
transfer or assignment of any part of this Agreement, except by the written approval of
the Contract Manager. For breach or violation of this warranty County shall have the
right to terminate this Agreement immediately without financial obligation, or to
pursue any other available remedies.
12. NOTICES. All notices from the County to the Appraiser shall be deemed duly served if
mailed or faxed to the Appraiser at the following Address:
Stephen D. Shaw, MAl
Callaway & Price, Inc.
1639 Forum Place, Suite 5
West Palm Beach, FL 33401
Phone: 561-686-0333; Fax: 561-686-3705
All Notices from the Appraiser to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attention: Steve Carnell, Purchasing/GS Director
Telephone: 239-252-8371
Facsimile: 239-252-6584
The Appraiser and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
13. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Appraiser or to constitute the Appraiser as
an agent of the County.
Page 4 of 15
16B11
14. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Appraiser. Payment
for all such permits issued by the County shall be processed internally by the County.
All non-County permits necessary for the prosecution of the Work shall be procured
and paid for by the Appraiser. The Appraiser shall also be solely responsible for
payment of any and all taxes levied on the Appraiser. In addition, the Appraiser shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Appraiser agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Appraiser.
15. NO IMPROPER USE. The Appraiser will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Appraiser or
if the County or its authorized representative shall deem any conduct on the part of the
Appraiser to be objectionable or improper, the County shall have the right to suspend
this Agreement. Should the Appraiser fail to correct any such violation, conduct, or
practice to the satisfaction of the County within twenty-four (24) hours after receiving
notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured. The Appraiser further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the
County.
16, TERMINATION. Should the Appraiser be found to have failed to perform his services
in a manner satisfactory to the County as per this Agreement, the County may terminate
said agreement immediately for cause; further the County may terminate this
Agreement for convenience with a thirty (30) day written notice. The County shall be
sole judge of non-performance.
17. NO DISCRIMINATION. The Appraiser agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
18. INSURANCE. The Appraiser shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
Appraisers; Products and Completed Operations and Contractual Liability,
B. Business Auto Liabilitv: Coverage shall have minimum limits of $500,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership.
Page 5 of 15
16811
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federa11aws.
The coverage must include Employers' Liability with a minimum limit of $500,000
for each accident.
0, Professional Liability Insurance: Professional Liability Insurance shall be
maintained by the Appraiser to insure its legal liability for claims arising out of the
performance of professional services under this Agreement. Appraiser waives its
right of recovery against OWNER as to any claims under this insurance. Such
insurance shall have limits of not less than $1,000,000 per occurrence.
Special Requirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Appraiser during the duration of this Agreement. Renewal
certificates shall be sent to the County thirty (30) days prior to any expiration date.
There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage.
Appraiser shall insure that all sub consultants or subcontractors comply with the
same insurance requirements that he is required to meet. The same Appraiser
shall provide County with certificates of insurance meeting the required insurance
provisions.
19. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Appraiser
shall indemnify and hold harmless Collier County, its officers and employees from any
and all liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness,
or intentionally wrongful conduct of the Appraiser or anyone employed or utilized by
the Appraiser in the performance of this Agreement. This indemnification obligation
shall not be construed to negate, abridge or reduce any other rights or remedies which
otherwise may be available to an indemnified party or person described in this
paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
20. CONFLICT OF INTEREST: Appraiser represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Appraiser further represents that
no persons having any such interest shall be employed to perform those services.
Page 6 of 15
16811
21. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the
attached component parts, all of which are as fully a part of the Agreement as if herein
set out verbatim: Appraiser's Proposal, Insurance Certificate, RFP #08-5067 Scope of
Services and two (2) Addenda.
22. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
23. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, firm, and/ or any employee of the firm
from contact with County staff for a specified period of time; b. Prohibition by the
individual and/ or firm from doing business with the County for a specified period of
time, including but not limited to: submitting bids, RFP, and/ or quotes; and, c.
immediate termination of any contract held by the individual and/ or firm for cause.
24. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement,
the Appraiser is formally acknowledging without exception or stipulation that it is fully
responsible for complying with the provisions of the Immigration Reform and Control
Act of 1986 as located at 8 US.c. 1324, et seq. and regulations relating thereto, as either
may be amended. Failure by the Appraiser to comply with the laws referenced herein
shall constitute a breach of this agreement and the County shall have the discretion to
unilaterally terminate this agreement immediately.
25. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
26. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant Agreement to other governmental entities at
the discretion of the successful proposer.
27. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
28. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to
this Agreement upon satisfactory negotiation of price by the Contract Manager and
Appraiser.
Page 7 of 15
16811
29. DISPUTE RESOLUTION, Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be
attended by representatives of Appraiser with full decision-making authority and by
County's staff person who would make the presentation of any settlement reached
during negotiations to County for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Appraiser with full decision-making authority
and by County's staff person who would make the presentation of any settlement
reached at mediation to County's board for approval. Should either party fail to submit
to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102, Fla, Stat.
Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal
or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
30. KEY PERSONNEI/PROTECT STAFFING: The Appraiser's personnel and management
to be utilized for this project shall be knowledgeable in their areas of expertise. The
County reserves the right to perform investigations as may be deemed necessary to
insure that competent persons will be utilized in the performance of the Agreement.
Selected firm shall assign as many people as necessary to complete the Work on a timely
basis, and each person assigned shall be available for an amount of time adequate to
meet the dates set forth in the Purchase Order. Firm shall not change Key Personnel
unless the following conditions are met: (1) Proposed replacements have substantially
the same or better qualifications and/ or experience. (2) That the County is notified in
writing as far in advance as possible. Firm shall make commercially reasonable efforts to
notify Collier County within seven (7) days of the change. The County retains final
approval of proposed replacement personnel.
Page 8 of 15
16811
IN WITNESS WHEREOF, the Appraiser and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FRIDA
By:
Tom Henning, Chair n
APPRAISER
Callaway & Price, Inc.
~~~-fJ~r
~ u-+-L K. Pe~l'\,~\'itl\
tTypej print witness namet
~~~
Se ~itness
':::Y0),~ G ~ ~ 4; ~~ _
tTypejp int witness namet
BY:.A.~ r) .~
Signature
stephen O. Shaw, MAr Vice President
Typed signature and title
Approved as to form and
legal sufficiency:
Co/teet! f/I/, if 8fA.---O--.
Print Name
Item # i lo BJj
.~ l~ld-IC~
DIlI'e lallv{vg
Rec:<i
'(I~
UJI~Pt ~
Assistant County Atlorney
Page9ofl5
EXHIBIT A
Scope of Services
16811
COLLIER COUNTY SUPPLEMENTAL APPRAISAL STANDARDS
(A Supplement to the Uniform Standards of Professional Appraisal Practice)
The following standards governing the preparation of written appraisal reports for Collier
County, Florida, are intended to clarify the expectations for the content of each and every
written appraisal report (whether Self-Contained or Summary) prepared for the Board of
County Commissioners and / or the various Divisions and Departments under the County
Manager. Where there may seem to be a conflict between these standards and the scope of
any assignment undertaken for the County, the appraiser should consult with the Right-of-
Way Design and Valuation Coordinator, Real Property Management Department, for further
clarification. Each appraiser and appraisal firm qualified to provide appraisal services for the
Board of County Commissioners of Collier County, Florida, is responsible for obtaining and
maintaining a current copy of the Uniform Standards of Professional Appraisal Practice
(USP AP).
DATE OF VALUE
Unless a retrospective appraisal with a previous date of value was specifically ordered by
Collier County, or unless the Appraiser has been specifically instructed otherwise (as for a
date-of-deposit appraisal), the date of value of the appraisal, being the Appraiser's last
inspection of the subject property, shall be within two (2) weeks of the date of submission of
the draft appraisal report to the Right-of-Way Design and Valuation Coordinator.
STRUCTURES
Where all or a portion of a structure is located on the real estate being acquired by County,
Appraiser shall include the following information in the narrative description of the
property: [a] a statement as to the character (residential or business) of the structure's
occupant(s); [b] the name(s) of the occupant(s); and [c] a statement as to the legal status of
the occupant (tenant with or without lease, owner-occupant, etc.)
SALES LOCATION MAPS
Each written appraisal report shall contain at least one map upon which shall be plotted all of
the comparable sales analyzed during the development of the appraisal. If the comparable
sales cover such an extensive geographic area that a one page map would be illegible, then
more than one map is encouraged, each at a scale which is legible to the reader, i.e., where
common streets, rivers, canals, city blocks, etc. are recognizable,
REPORT JACKETS
All appraisal reports (originals and copies) must be bound with front and rear covers made
of plastic, heavy card stock.
Page] 0 of 15
16811
SALES DATA SHEETS
Sales Data Sheets must be accompanied by a location map which clearly shows the
comparable sale property in relation to its neighborhood (which map may appear on the
same page as the sales data). The following information must be readily apparent from a
review of the map andj or the written information provided:
o Date of sale and recording data - Grantor j Grantee and type of conveyance
instrument. If the sale property is located in a County besides Collier, a copy of the deed of
transfer must be provided as well.
o Location and legal description (a copy of the deed of transfer may be included with
the sales data sheet precluding the need to reprint the property's legal description).
o Parcel size, access and road frontage (if applicable).
o Present use and description of improvements (if any).
o Zoning,
o Existing and available utilities,
o Sale price, financing, cash equivalent price, and unit price.
o Verification data: parties to the transaction, comments on the motivation of the
parties, comments as to how the parties allocated value among the land and various
improvements (if available).
o Appraiser's comments.
SALES GRIDS
Each appraisal report shall contain a table of the sales most relied upon by the appraiser in
reaching a final value reconciliation. This table (ajkja "sales grid") is an effective
communication tool, and is of great value to all but the most casual reader of the appraisal
report. The sales grid must identify each sale by number or name, include the date of the
sale, the size of the sale property, zoning, purchase price, unit price (and where appropriate,
the price per dwelling unit), and a column or row for each item of comparison for which
adjustments were made by the appraiser. The sales grid must also contain a column or row
to show the subject's attributes in comparison with the most-relied-upon sales.
ADJUSTMENTS TO COMPARABLE SALES
In addition to Self-Contained appraisal reports, Summary appraisal reports prepared for the
County shall contain a detailed narrative explaining the adjustments made to the comparable
sales including the appraiser's reasoning and the data which forms the basis for the extent of
each adjustment,
Page Ii of 15
16811
PARENT TRACT
After application of the three common tests to determine the parent tract for the subject
property (contiguity, unity of use, and unity of ownership), the Appraiser must include a
sketch of the whole property in the appraisal report; and, in the case of a partial taking, must
show on the sketch the part being acquired by the County. Unless Collier County provides
the Appraiser with a parent tract determination and an area calculation for the parent tract, it
is the responsibility of the Appraiser to calculate the area of the parent tract.
PARTIAL TAKINGS
Areas (in general) - While the area of the part being acquired will be provided by the County,
it is the responsibility of the Appraiser to calculate the area of the remainder tract.
Areas (easements) - Remainder areas should be the same after the taking of easements as the
area of the parent tract prior to the taking. The value after the taking should reflect that a
portion of the parent tract is encumbered by the easement taken by the County.
Cost-to-Cure Severance Damages - There must be damage to the remainder real estate before
a cure can be applied. Damages must be supported with market data and specified in dollar
terms. Without this supporting documentation, Collier County cannot be assured that the
cost of the cure will be less than the damages to which the property owner would otherwise
be entitled.
If the cure chosen by the appraiser includes a payment to the property owner to re-establish,
construct, or install a feature upon the remainder, for which the property owner has been
compensated in the value of the part taken, then the compensation for the taken feature shall
be deducted from the total compensation due the property owner. For example: if
compensation includes the depreciated replacement cost of fencing located within the take
area, and the proposed "cure" includes the installation of fencing upon the remainder, the
purpose of which is essentially to replace that fencing taken by the County, the depreciated
replacement cost of the fencing being taken, for which the property owner has already been
compensated, must be deducted from the total compensation due the property owner.
In addition, if the cure involves the relocation of amenities or parking (or anything else that
takes up useable space) onto the remainder property, the appraisal must address
compensation for the loss of that area occupied by the relocated feature.
As a matter of general policy, in order to avoid disputes over the quality of relocation work
performed by the County or its contractors, Collier County will seek to limit its liability by
paying the depreciated replacement cost for everything within the take area, and/ or by
paying the owner to relocate certain improvements onto the remainder at a location of their
choosing. Generally, it is better for the County to purchase anything within the take area,
rather than taking it in good faith that a property owner will relocate an improvement from
the right-of-way by that point in time that the right-of-way should be clear and ready for
construction.
Page 12 of15
16811
Land and Affected Improvements Only on Improved Parcels - If it is the Appraiser's
judgment that the primary improvements located upon the remainder property are
unaffected by the taking, and after consideration of the possibility of any damages accruing
to the remainder property, the Appraiser may elect to prepare a before and after estimate of
the value of the land only. Such before and after values must be clearly labeled in the
appraisal report; and such an appraisal report must contain an explanation and brief
discussion of the factors considered in electing not to appraise the value of the property as
improved in both the before and after situations.
Signs - Should a trade sign or income producing sign be discovered within the taking area,
the Appraiser should consult with the County for specific instructions on valuation and/ or
compensation regarding the signage. When preparing an appraisal report for condemnation,
the appraiser should include the depreciated replacement cost of the signage in the total
estimate of compensation due the property owner. A cost to cure the damage resulting from
the absence of the sign is then applied in order to make the property owner "whole."
Special Benefits - The Appraiser should consult with the County prior to assigning special
benefits to a remainder property,
Rounding - All numbers below $1,000 will be rounded to the nearest $50 increment. All
numbers above $1,000 and below $100,000 will be rounded to the nearest $100 increment.
Everything over $100,000 will be rounded to the nearest $1,000 increment.
DATA BOOKS
GENERAL NOTE: For multiple appraisal assigrunents a Data Book may be required in
accordance with the terms of the Appraisal Agreement between the Appraiser and Collier
County, Florida. Should the County desire that a data book be prepared for an appraisal
project, such will be stipulated in the bid solicitation generated by County staff, and it shall
be made a specific condition in the Appraisal Agreement between the Appraiser and Collier
County. Absent any such stipulation, a data book will not be required,
All of the sales sheets as well as the narrative discussion of the appraiser's market
observations and adjustments should be on 8 1/2" x 11" paper bound by a three ring binder
to accommodate the easy insertion of new sales sheets into the data book. A cover page
identifying the project for which the data book is prepared, the name of the appraiser, and
the date of its compilation, should be followed by a Table of Contents which must identify
the major sections into which the data book is divided. The data book must contain the
following:
1. Regional and neighborhood description and analysis, This information may be
omitted from each individual appraisal report as long as the written report directs the
reader's attention to the fact that this information is presented in the data book.
2. A "Sales Map" or "Location Map" showing the location of each comparable sale
property for which a Sales Data Sheet is contained in the Data Book. Such maps must be of a
scale, and produced with clarity, such that the location of each comparable sale property is
Page 13 of 15
16lJl1
discernible by the reader. Any Listings employed by the appraiser must also be shown on
the maps,
Separate tabbed sections for: (1) vacant land Sales Data Sheets, subdivided into groupings
based upon highest and best use, with listings grouped together within each sub-group; (2)
improved property Sales Data Sheets, subdivided into separate groups based upon present
use, with listings grouped together within each sub-group; (3) market adjustment studies; (4)
income, expense and capitalization rate studies; (5) regional analysis (unless the terms of the
agreement between Collier County and the Appraiser specifically exclude regional analysis
from the scope of the assignment(s); (6) neighborhood analysis; (7) applicable excerpts from
zoning regulations or such other reference materials upon which the Appraiser has
specifically relied in developing the appraisals; and (8) any special studies and/ or
comparative analyses made during the development of the appraisals, and/ or which were
already in existence and upon which the Appraiser relied during the development of the
appraisals.
Page 14 of 15
16JB!11
EXHIBIT B
RATE SCHEDULE
Personnel Category
Appraiser
Staff Appraiser
Technical Assistance/Clerical
Researcher
Expert Witness
Rate per hour
$150.00
$125.00
$ 60,00
$ 85.00
$200.00
This list is not intended to be all inclusive. Hourly rate fees for other categories of
professional, support and other services shall be mutually negotiated by the County and firm
on a project by project basis as needed
Page 15 of15
16811
A CORD.. CERTIFICATE OF LIABILITY INSURANCE DATE (MMlDOlYYYY)
11/26/2008
PRODUCER (561)746-4546 FAX: (561)746-9599 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Tequesta Agency, Inc. HOLDER. THIS CERTlFICA TE DOES NOT AMEND, EXTEND OR
218 S. US Highway One ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Sui te 300
Tequesta FL 33469 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A QBE SDecialtv Insurance
Callaway & Price, Inc. INSURER B Auto-Owners Insurance 18988
1639 Forum Place, Ste 5 INSURER C Mon tgomery Insurance
INSURER 0: ArnCornp Insurance 10346
West Palm Beach FL 33401 INSURER E Tudor Insurance Company
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,
~~E ~~~URANCE T~F;L~~DED BY THE ~~~IC~El::S...R~~~~~~~,~~~,EI~"IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES
A R ATE LIMIT H WN MAY HAVE B NR D Y I I
I~!>.R ~~'2.'; TYPE OF INSURANCE POLICY NUMBER Pg,k+~~:i~j6g,W\E Pgklfllrl~~~N LIMITS
R
~NERAL L1ABIUTY EACH OCCURRENCE $ 1,000,000
X COMMERCIAL GENERAL LIABILITY ~~~~*H9E~~J~~nce\ $ 50,000
A X l CLAIMS MADE ~ OCCUR TXBOOOI007 9/20/2008 9/20/2009 MED EXP 'Anv one "erson\ $ 5,000
L- PERSONAL & ADV INJURY $ 1,000,000
L- GENERAL AGGREGATE $ 2,000,000
~'L AGG~nE ILlMIT AnES PER PRODUCTS - COMPIOP AGG $ 2,000,000
X POLICY j~gi LOC
~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
(Eaaccident)
L- ANY AUTO
B X L- ALL OWNED AUTOS 4695524900 9/20/2008 9/20/2009 BODILY INJURY
(Per person) $
e"- SCHEDULED AUTOS
e"- HIRED AUTOS BODILY INJURY $
e"- NON-OINNED AUTOS (Per accident)
L- PROPERTY DAMAGE $
(Per accident}
RRAGE UABIUTY AUTO ONLY - EA ACCIDENT S
ANY AUTO OTHER THAN EAA""C $
AUTO ONLY AGG $
~ESS!UMBRELLA LIABILITY EACH OCC RREW'''' $ 5,000,000
OCCUR D CLAIMS MADE AGGREGATE $ 5,000,000
$
C X =;i DEDUCTIBLE EU053677568 9/20/2008 9/20/2009 $
X RETENTION S 10,000 $
D WORKERS COMPENSATION AND I T~{IfiJN~ I IOJ~-
EMPLOYERS' LIABILITY 500,000
ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT $
OFFICERIMEMBER EXCLUDED? WCV4078907 3/1/2008 3/1/2009 E_L. DISEASE - EA EMPLOYEE $ 500,000
Ilyes,describeunder 500,000
SPECIAL PROVISIONS below E.L. DISEASE" POLICY LIMIT $
E OTHER Professional. SPLOO12749 9/12/2008 9/12/2009 Limit $2,000,000
Liabil.ity
DESCRIPTION OF OPERATIONS!LOCATlONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVIStONS
CERTIFICATE HOLDER
CANCELLATION
Collier County Government
Purchasing Building
Agreement #08 5067
3301 E Tamiami Trail
Naples, FL 34112
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE
INSURER, ITS AGENTS OR REPRESENTATNES.
AUTHORIZED REPRESENTATNE
Mark Kasten/GLORIA LA -~~---/:-)'..:7>.:~~.d, _
ACORD 25 (2001108)
l"EJ'F"created with pdfFactory trial version wwwpdffactorvcom
@ACORD CORPORATION 1988
MEMORANDUM
Date:
December 10, 2008
To:
Rhonda Cummings, Contract Specialist
Purchasing Department
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Contract No.: 08-5067
"Real Estate Appraisal Service"
Contractor: Appraisal Group of Central Florida
Enclosed please find one (1) original contract, as referenced above,
(Agenda Item #16B11), approved by the Board of County
Commissioners on Tuesday, December 2, 2008.
An original is being kept in the Minutes and Records Department as part
of the Board's permanent records.
If you should have any questions, please contact me at 252-8411.
Thank you.
Enclosures
16811
ITEM NO.: X - W-J'--OO-ll
/'
DATE RECEIVED: C/~
OFFiCE OF THE
COUrny AiTORNEY16 B 11
FILE NO.:
ROUTED TO:
~7,~i... -,....,....
La -' ... -~~ ~:,....,. "'2
......... -.-',.' .,. i 1"1 ". J
REQUEST FOR LEGAL SERVICES
\14' 1 {
\)"..t- ~~
('d-- ~ -Df:
(!fY1&
, ~1~.cJD~
/ '1,0'"1
t'e I /Ij,~~/C .. ._"
DO NOT WRITE ABOVE THIS LINE
Date:
December 2, 2008
To:
Office of the County Attorney
Attention: Jeff Klatzkow
From:
Rhonda Cummings, CPPB, Contract Specialist
Purchasing Department, Extension 8941
/'
':.7~'/' '/ j /'
/- ,{ / l../L-,r,
/ - ~,
, .
Re: Contract: #08-5067 "Real Estate Appraisal Service"
Appraisers:
American Acquisition Group
Anderson & Carr
.,/ Appraisal Group of Central Florida
Boyd, Schmidt and Brannum
Callaway & Price
Kenneth C. Evans
Kenneth R. Devos
Integra Realty Resources
Real Estate Appraisal and Litigation
Retech
Wilcox Appraisal Services
BACKGROUND OF REQUEST:
This contract was approved by the BCC on December 2, 2008;
Agenda Item 16,B.11
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Jeff, this is a standard contract with no changes. Please forward to
BCC for signature after approval. If there are any questions concerning the
document, please contact me. Purchasing would appreciate notification when
the documents exit your office. Thank you.
MEMORANDUM
16811
TO:
Ray Carter
Risk Management Department
FROM:
Rhonda Cummings, FCCN, CPPB, Contract Specialist '. ':f; !A/' <' ~ i{/}!j/', '; /"'. ',~
Purchasing Department . ./' r I .' I
DATE:
December 2, 2008
RE:
Review of Insurance for Contract: #08-5067 "Real Estate
Appraisal Service"
Appraisers:
American Acquisition Group
Anderson & Carr
.; Appraisal Group of Central Florida
Boyd, Schmidt and Brannum
Callaway & Price
Kenneth C. Evans
Kenneth R. Devos
Integra Realty Resources
Real Estate Appraisal and Litigation
Retech
Wilcox Appraisal Services
This Contract was approved by the BCC on December 2, 2008; Agenda Item
16.B.11
Please review the Insurance Certificates for the above-referenced contract
and forward to the County Attorney's Office for further signature routing.
Thank you. If you have any questions, please contact me at extension 8941.
C: Harry Henderson, TECM/ROW
DATE RECEIVED
UEC 0 3 2008
RISK MhNAGEMENI
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dod/RC
. www.sunbiz.org - Department of State
Page 1 of2
16811
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Florida Profit Corporation
THE APPRAISAL GROUP OF CENTRAL FLORIDA, INC.
Filing Information
Document Number V17212
FEI Number 593108381
Date Filed 02/27/1992
State FL
Status ACTIVE
Principal Address
378 CENTERPOINTE CIR
SUITE 1286
AL TAMONTE SPRINGS FL 32701 US
Changed 03/08/2001
Mailing Address
378 CENTERPOINTE CIR
SU ITE 1286
AL TAMONTE SPRINGS FL 32701 US
Changed 03/08/2001
Registered Agent Name & Address
MACMILLAN, RICHARD K
378 CENTERPOINTE CIRCLE
SU ITE 1286
AL TAMONTE SPRINGS FL 32701 US
Name Changed: 04/28/1998
Address Changed: 03/08/2001
Officer/Director Detail
Name & Address
Title D
MACMILLAN, RICHARD K.
215 WEEPING ELM LANE
LONGWOOD FL
Title D
POPE, H.K.
620 LAKE AVENUE
ALTAMONTE SPRINGS FL 32701
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16B11
A G R E E MEN T 08-5067
for
Real Estate Appraisal Services
THIS AGREEMENT, made and entered into on this ,~"cl day of iJU.'M bc,.-- ,2008, by and
between The Appraisal Group of Central Florida, Inc., authorized to do business in the State
of Florida, whose business address is 378 Centerpointe Circle, Suite 1286, Altamonte Springs,
Florida 32701, hereinafter called the "Appraiser" (or "Consultant") and Collier County, a
political subdivision of the State of Florida, Collier County, Naples, hereinafter called the
"County":
WITNESSETH:
1. COMMENCEMENT. The Agreement shall commence upon issuance of a Purchase
Order and a Notice to Proceed. In accordance with RFP 08-5067 "Real Estate Appraisal
Services", Appraiser shall provide a written fee proposal to the County for each service,
hereinafter "Work", to be performed under this Agreement. Upon approval by the
Project Manager, a Purchase Order and a Notice to Proceed shall be issued for the
service as specified in the proposal. The Appraiser shall then provide the specified
service to the County. The Agreement shall be for a one (1) year period, effective on the
date the Agreement is approved by the Board of County Commissioners.
The County may, at its discretion and with the consent of the Appraiser, renew the
Agreement under all of the terms and conditions contained in this Agreement for three
(3) additional one (1) year periods. The County shall give the Appraiser written notice
of the County's intention to extend the Agreement term not less than ten (10) days prior
to the end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Appraiser shall provide real estate appraisal services
in accordance with the terms and conditions of RFP #08-5067, Exhibit "A" Scope of
Services, and the Appraiser's proposal referred to herein and made an integral part of
this agreement. This Agreement contains the entire understanding between the parties
and any modifications to this Agreement shall be mutually agreed upon in writing by
the Appraiser and the County project manager or his designee, in compliance with the
County Purchasing Policy and Administrative Procedures in effect at the time such
services are authorized.
3. COMPENSATION: The County shall pay the Appraiser for the performance of this
Agreement upon completion or partial completion of the work tasks as accepted and
approved by the County Project Manager or his designee pursuant to the fees as set
forth in Exhibit "B", included in this agreement, together with the Travel and
Page 1 of 15
16B11
Reimbursable Expenses as defined in this agreement. Payments shall be made to the
Appraiser when requested as services are rendered, but not more frequently than once
per month, on an estimated percentage complete for the Labor and Expenses Fee and at
actual costs for Travel Expenses. Payment will be made upon receipt of a proper invoice
and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local
Government Prompt Payment Act", Reimbursable expenses shall be invoiced for the
expenditures incurred by the Consultant as follows:
Expenses of transportation and living when traveling in connection with each
Purchase Order, except for local travel within Collier or Lee Counties, as provided in
Section 112.061, F.5., and all Agreement-related mileage for trips that are from/to
destinations outside of Collier or Lee Counties approved in advance by the County.
The time reported by the Appraiser to perform specific work related to litigation is
subject to final approval by the County Attorney, or by an attorney employed by and
representing the County. Appraiser's invoice must contain a description of the service
provided, project and parcel number (or name), and the amount of fee payable. The
Appraiser shall maintain documentation for all fees charged under the terms of this
Agreement for a period of not less than three (3) years from the date of the final
invoice for appraisal services rendered relative to a Property. Fees for the services of
any and all subcontractors and sub consultants employed by Appraiser must be
authorized in advance by County Purchase Order.
Reimbursement rates as provided in Section 112.061, Florida Statutes, currently:
Mileage: $ 44.5 per mile
Breakfast: $ 6.00
Lunch: $11,00
Dinner: $19.00
Airfare: Actual ticket cost of Coach Fare
Rental car: Actual rental cost of midsize or smaller car
Lodging: Actual cost of reasonable lodging at single occupancy rate
Parking: Actual cost of parking
4. COMPLETION/CORRECTION. If a substantially completed written appraisal report
(original) is delivered to the County by the due date, or by a date mutually agreed upon,
but which report fails to comply with the USP AP, or which report contains errors or
omissions from within either the body or the addenda, Appraiser shall, within fourteen
(14) calendar days from the date of notification by the County Project Manager, furnish
such corrected and/ or additional pages which will bring the appraisal report into
compliance with the USPAP and/or correct such errors and omissions (if any). No
penalty for late performance will be charged against the Appraiser within said fourteen
(14) day period. Nor shall Appraiser charge the County any additional fees from
bringing written appraisal reports into compliance with the USP AP, for correcting any
errors" or for providing previously omitted materials.
5, DEDUCTIONS FOR NON-PERFORMANCE. It is acknowledged that time is of the
essence. The County reserves the right to deduct portions of the (monthly) invoiced
Page 2 of 15
amount for items not completed within the expressed time frame. These funds W!I~~ 11
forfeited by the Appraiser and that the following schedule shall govern the deduction
for late performance:
(a) In the event that the services are not completed and submitted to County in
accordance with the due date as set forth in a County Purchase Order; then County at
its discretion may reduce the fee payable to Appraiser by seven percent (7%) for each
week, or portion thereof, for every week the services are past due; or
(b) In the event that circumstances beyond the control of Appraiser cause completion
of the services to be delayed beyond the due date as set forth in a County Purchase
Order, and prior to said due date there is a mutual understanding between the parties
to this Agreement that such delays were beyond the control of Appraiser, County may
issue an written extension of the due date without penalty deduction. Said extension
shall cite the reason for delay in completion of the appraisal report and shall set a new
due date for submission of the report. Deductions as described above shall apply to
the revised due date.
6. SALES TAX. Appraiser shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work.
7. CONTRACT ADMINISTRATION. The Transportation Right of Way Acquisition
Manager or the Manager's designee (hereinafter referred to as "Contract Manager"),
shall be responsible for ensuring performance under the terms and conditions of this
Agreement.
8. MEETINGS. Appraiser shall meet with the Contract Manager to discuss the Work at a
time(s) and p1ace(s) of meeting(s) which shall be established by mutual agreement of the
parties to this Agreement.
9. CERTIFICATE OF APPRAISAL. In accordance with the Work, all Certificates of
Appraisal shall be signed by Richard K. MacMillan, MAl, President. In addition, at the
discretion of Appraiser, one (1) associate appraiser, either working in a contractual
relationship or as an employee of Appraiser, is hereby authorized by County to sign the
Certificate of Appraisal. All persons consulted by Appraiser in the making of appraisals
under the terms of this Agreement must be properly identified in the written appraisal
report(s),
10. CONFIDENTIALITY. Subject to the requirements of the Florida Public Records Act,
Chapter 119, Fla. Stat., and the Florida Sunshine Law, Chapter 286, F1a, Stat., Appraiser
shall neither discuss nor divulge the contents of the written appraisal reports relating to
the Property with anyone without the approval of the Contract Manager. Further,
Appraiser shall save harmless the County from all claims or liabilities, including court
costs and attorneys fees, due to Appraiser's activities, or those of Appraiser's agents or
employees, and shall not engage in any business transactions involving any of the
properties appraised under the terms and conditions of this Agreement for a period of
Page 3 of 15
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one (1) year from the date of valuation of the latest appraisal, or updated appraisal, of
any of the Property.
11. UNLAWFUL SOLICITATION AND ASSIGNMENT OF AGREEMENT. By the
execution of this Agreement, Appraiser warrants that it has not employed, retained,
paid, or agreed to pay, any company or person, other than a bona fide employee, to
solicit or secure this Agreement contingent upon, or resulting from, the award or
making of this Agreement. Appraiser further warrants that no part of the total of the
fees payable under the terms of this Agreement shall be paid directly or indirectly to
any employee of the County as wages, compensation, or gift in exchange for acting as
officer agent, employee, subcontractor, or consultant to the Appraiser in connection
with any appraisal work performed or contemplated under the terms of this Agreement,
without prior County approval. Appraiser further warrants that there shall be no
transfer or assignment of any part of this Agreement, except by the written approval of
the Contract Manager. For breach or violation of this warranty County shall have the
right to terminate this Agreement immediately without financial obligation, or to
pursue any other available remedies.
12. NOTICES. All notices from the County to the Appraiser shall be deemed duly served if
mailed or faxed to the Appraiser at the following Address:
Richard K. MacMillan, MAl, President
The Appraisal Group of Central Florida, lnc,
378 Centerpointe Circle, Suite 1286
Altamonte Springs, FL 32701
Phone: 407-539-1288; Fax: 407-539-7004
All Notices from the Appraiser to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attention: Steve Carnell, PurchasingjGS Director
Telephone: 239-252-8371
Facsimile: 239-252-6584
The Appraiser and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
Page 4 of 15
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13. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Appraiser or to constitute the Appraiser as
an agent of the County.
14. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, p.s., all permits
necessary for the prosecution of the Work shall be obtained by the Appraiser. Payment
for all such permits issued by the County shall be processed internally by the County.
All non-County permits necessary for the prosecution of the Work shall be procured
and paid for by the Appraiser. The Appraiser shall also be solely responsible for
payment of any and all taxes levied on the Appraiser. In addition, the Appraiser shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Appraiser agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Appraiser.
15. NO IMPROPER USE. The Appraiser will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Appraiser or
if the County or its authorized representative shall deem any conduct on the part of the
Appraiser to be objectionable or improper, the County shall have the right to suspend
this Agreement. Should the Appraiser fail to correct any such violation, conduct, or
practice to the satisfaction of the County within twenty-four (24) hours after receiving
notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured. The Appraiser further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the
County.
16. TERMINATION. Should the Appraiser be found to have failed to perform his services
in a manner satisfactory to the County as per this Agreement, the County may terminate
said agreement immediately for cause; further the County may terminate this
Agreement for convenience with a thirty (30) day written notice. The County shall be
sole judge of non-performance,
17. NO DISCRIMINATION. The Appraiser agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
18, INSURANCE. The Appraiser shall provide insurance as follows:
A. Commercial General Liabilitv: Coverage shall have minimum limits of $1,000,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
Appraisers; Products and Completed Operations and Contractual Liability,
Page 5 of I 5
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B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership.
C. Workers' Coml'ensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $500,000
for each accident.
D. Professional Liability Insurance: Professional Liability Insurance shall be
maintained by the Appraiser to insure its legal liability for claims arising out of the
performance of professional services under this Agreement. Appraiser waives its
right of recovery against OWNER as to any claims under this insurance, Such
insurance shall have limits of not less than $1,000,000 per occurrence.
Special Requirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Appraiser during the duration of this Agreement. Renewal
certificates shall be sent to the County thirty (30) days prior to any expiration date,
There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage.
Appraiser shall insure that all sub consultants or subcontractors comply with the
same insurance requirements that he is required to meet. The same Appraiser
shall provide County with certificates of insurance meeting the required insurance
prOVISIOns.
19, INDEMNIFICATION. To the maximum extent permitted by Florida law, the Appraiser
shall indemnify and hold harmless Collier County, its officers and employees from any
and all liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness,
or intentionally wrongful conduct of the Appraiser or anyone employed or utilized by
the Appraiser in the performance of this Agreement. This indemnification obligation
shall not be construed to negate, abridge or reduce any other rights or remedies which
otherwise may be available to an indemnified party or person described in this
paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County,
Page 6 of 15
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20. CONFLICT OF INTEREST: Appraiser represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Appraiser further represents that
no persons having any such interest shall be employed to perform those services.
21. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the
attached component parts, all of which are as fully a part of the Agreement as if herein
set out verbatim: Appraiser's Proposal, Insurance Certificate, RFP #08-5067 Scope of
Services and two (2) Addenda.
22. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
23. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No, 2004-05, and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, firm, and! or any employee of the firm
from contact with County staff for a specified period of time; b. Prohibition by the
individual and! or firm from doing business with the County for a specified period of
time, including but not limited to: submitting bids, RFP, and! or quotes; and, c.
immediate termination of any contract held by the individual and! or firm for cause.
24. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement,
the Appraiser is formally acknowledging without exception or stipulation that it is fully
responsible for complying with the provisions of the Immigration Reform and Control
Act of 1986 as located at 8 US.c. 1324, et seq. and regulations relating thereto, as either
may be amended, Failure by the Appraiser to comply with the laws referenced herein
shall constitute a breach of this agreement and the County shall have the discretion to
unilaterally terminate this agreement immediately.
25. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
26. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant Agreement to other governmental entities at
the discretion of the successful proposer.
27. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
Page 7 of]5
16B11
28. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to
this Agreement upon satisfactory negotiation of price by the Contract Manager and
Appraiser.
29. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be
attended by representatives of Appraiser with full decision-making authority and by
County's staff person who would make the presentation of any settlement reached
during negotiations to County for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Appraiser with full decision-making authority
and by County's staff person who would make the presentation of any settlement
reached at mediation to County's board for approval. Should either party fail to submit
to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal
or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
30. KEY PERSONNEUPROTECT STAFFING: The Appraiser's personnel and management
to be utilized for this project shall be knowledgeable in their areas of expertise. The
County reserves the right to perform investigations as may be deemed necessary to
insure that competent persons will be utilized in the performance of the Agreement.
Selected firm shall assign as many people as necessary to complete the Work on a timely
basis, and each person assigned shall be available for an amount of time adequate to
meet the dates set forth in the Purchase Order. Firm shall not change Key Personnel
unless the following conditions are met: (1) Proposed replacements have substantially
the same or better qualifications and/ or experience. (2) That the County is notified in
writing as far in advance as possible. Firm shall make commercially reasonable efforts to
notify Collier County within seven (7) days of the change. The County retains final
approval of proposed replacement personnel.
Page 8 of15
16811
IN WITNESS WHEREOF, the Appraiser and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
k of Courts
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APPRAISER
The Appraisal Group of Central Florida, Inc.
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First Witness
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Signature
Richard K. M8CW.iIi2~, President
Typed signature and title
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Approved as to form and
legal sufficiency:
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Assistant County Attorney
CD/teet! /VI. Bree/L.L
Agenda h I .:::11...0
Date ~Vl)
Print Name
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Deputy Clerk
Page 9 of 15
16811
EXHIBIT A
Scope of Services
COLLIER COUNTY SUPPLEMENTAL APPRAISAL STANDARDS
(A Supplement to the Uniform Standards of Professional Appraisal Practice)
The following standards governing the preparation of written appraisal reports for Collier
County, Florida, are intended to clarify the expectations for the content of each and every
written appraisal report (whether Self-Contained or Summary) prepared for the Board of
County Commissioners and / or the various Divisions and Departments under the County
Manager. Where there may seem to be a conflict between these standards and the scope of
any assignment undertaken for the County, the appraiser should consult with the Right-of-
Way Design and Valuation Coordinator, Real Property Management Department, for further
clarification. Each appraiser and appraisal firm qualified to provide appraisal services for the
Board of County Commissioners of Collier County, Florida, is responsible for obtaining and
maintaining a current copy of the Uniform Standards of Professional Appraisal Practice
(USP AP).
DATE OF VALUE
Unless a retrospective appraisal with a previous date of value was specifically ordered by
Collier County, or unless the Appraiser has been specifically instructed otherwise (as for a
date-of-deposit appraisal), the date of value of the appraisal, being the Appraiser's last
inspection of the subject property, shall be within two (2) weeks of the date of submission of
the draft appraisal report to the Right-of-Way Design and Valuation Coordinator,
STRUCTURES
Where all or a portion of a structure is located on the real estate being acquired by County,
Appraiser shall include the following information in the narrative description of the
property: [a] a statement as to the character (residential or business) of the structure's
occupant(s); [b] the name(s) of the occupant(s); and [c] a statement as to the legal status of
the occupant (tenant with or without lease, owner-occupant, etc.)
SALES LOCATION MAPS
Each written appraisal report shall contain at least one map upon which shall be plotted all of
the comparable sales analyzed during the development of the appraisal. If the comparable
sales cover such an extensive geographic area that a one page map would be illegible, then
more than one map is encouraged, each at a scale which is legible to the reader, i,e" where
common streets, rivers, canals, city blocks, etc. are recognizable.
REPORT JACKETS
All appraisal reports (originals and copies) must be bound with front and rear covers made
of plastic, heavy card stock.
Page 10 of 15
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SALES DATA SHEETS
Sales Data Sheets must be accompanied by a location map which clearly shows the
comparable sale property in relation to its neighborhood (which map may appear on the
same page as the sales data). The following information must be readily apparent from a
review of the map and/or the written information provided:
o Date of sale and recording data - Grantor I Grantee and type of conveyance
instrument. If the sale property is located in a County besides Collier, a copy of the deed of
transfer must be provided as well.
o Location and legal description (a copy of the deed of transfer may be included with
the sales data sheet precluding the need to reprint the property's legal description).
o Parcel size, access and road frontage (if applicable).
o Present use and description of improvements (if any).
o Zoning,
o Existing and available utilities.
o Sale price, financing, cash equivalent price, and unit price.
o Verification data: parties to the transaction, comments on the motivation of the
parties, comments as to how the parties allocated value among the land and various
improvements (if available).
o Appraiser's comments,
SALES GRIDS
Each appraisal report shall contain a table of the sales most relied upon by the appraiser in
reaching a final value reconciliation. This table (a/kl a "sales grid") is an effective
communication tool, and is of great value to all but the most casual reader of the appraisal
report, The sales grid must identify each sale by number or name, include the date of the
sale, the size of the sale property, zoning, purchase price, unit price (and where appropriate,
the price per dwelling unit), and a column or row for each item of comparison for which
adjustments were made by the appraiser, The sales grid must also contain a column or row
to show the subject's attributes in comparison with the most-relied-upon sales.
ADJUSTMENTS TO COMPARABLE SALES
In addition to Self-Contained appraisal reports, Summary appraisal reports prepared for the
County shall contain a detailed narrative explaining the adjustments made to the comparable
sales including the appraiser's reasoning and the data which forms the basis for the extent of
each adjustment.
Page 11 of15
16B11
PARENT TRACT
After application of the three common tests to determine the parent tract for the subject
property (contiguity, unity of use, and unity of ownership), the Appraiser must include a
sketch of the whole property in the appraisal report; and, in the case of a partial taking, must
show on the sketch the part being acquired by the County. Unless Collier County provides
the Appraiser with a parent tract determination and an area calculation for the parent tract, it
is the responsibility of the Appraiser to calculate the area of the parent tract.
PARTIAL TAKINGS
Areas (in general) - While the area of the part being acquired will be provided by the County,
it is the responsibility of the Appraiser to calculate the area of the remainder tract.
Areas (easements) - Remainder areas should be the same after the taking of easements as the
area of the parent tract prior to the taking. The value after the taking should reflect that a
portion of the parent tract is encumbered by the easement taken by the County.
Cost-to-Cure Severance Damages - There must be damage to the remainder real estate before
a cure can be applied. Damages must be supported with market data and specified in dollar
terms. Without this supporting documentation, Collier County cannot be assured that the
cost of the cure will be less than the damages to which the property owner would otherwise
be entitled.
If the cure chosen by the appraiser includes a payment to the property owner to re-establish,
construct, or install a feature upon the remainder, for which the property owner has been
compensated in the value of the part taken, then the compensation for the taken feature shall
be deducted from the total compensation due the property owner. For example: if
compensation includes the depreciated replacement cost of fencing located within the take
area, and the proposed "cure" includes the installation of fencing upon the remainder, the
purpose of which is essentially to replace that fencing taken by the County, the depreciated
replacement cost of the fencing being taken, for which the property owner has already been
compensated, must be deducted from the total compensation due the property owner.
In addition, if the cure involves the relocation of amenities or parking (or anything else that
takes up useab1e space) onto the remainder property, the appraisal must address
compensation for the loss of that area occupied by the relocated feature.
As a matter of general policy, in order to avoid disputes over the quality of relocation work
performed by the County or its contractors, Collier County will seek to limit its liability by
paying the depreciated replacement cost for everything within the take area, and/ or by
paying the owner to relocate certain improvements onto the remainder at a location of their
choosing. Generally, it is better for the County to purchase anything within the take area,
rather than taking it in good faith that a property owner will relocate an improvement from
the right-of-way by that point in time that the right-of-way should be clear and ready for
construction.
Page 120f15
16811
Land and Affected Improvements Only on Improved Parcels - If it is the Appraiser's
judgment that the primary improvements located upon the remainder property are
unaffected by the taking, and after consideration of the possibility of any damages accruing
to the remainder property, the Appraiser may elect to prepare a before and after estimate of
the value of the land only. Such before and after values must be clearly labeled in the
appraisal report; and such an appraisal report must contain an explanation and brief
discussion of the factors considered in electing not to appraise the value of the property as
improved in both the before and after situations.
Signs - Should a trade sign or income producing sign be discovered within the taking area,
the Appraiser should consult with the County for specific instructions on valuation and/ or
compensation regarding the signage. When preparing an appraisal report for condemnation,
the appraiser should include the depreciated replacement cost of the signage in the total
estimate of compensation due the property owner. A cost to cure the damage resulting from
the absence of the sign is then applied in order to make the property owner "whole,"
Special Benefits - The Appraiser should consult with the County prior to assigning special
benefits to a remainder property.
Rounding - All numbers below $1,000 will be rounded to the nearest $50 increment. All
numbers above $1,000 and below $100,000 will be rounded to the nearest $100 increment.
Everything over $100,000 will be rounded to the nearest $1,000 increment.
DATA BOOKS
GENERAL NOTE: For multiple appraisal assignments a Data Book may be required in
accordance with the terms of the Appraisal Agreement between the Appraiser and Collier
County, Florida, Should the County desire that a data book be prepared for an appraisal
project, such will be stipulated in the bid solicitation generated by County staff, and it shall
be made a specific condition in the Appraisal Agreement between the Appraiser and Collier
County, Absent any such stipulation, a data book will not be required.
All of the sales sheets as well as the narrative discussion of the appraiser's market
observations and adjustments should be on 81/2" x 11" paper bound by a three ring binder
to accommodate the easy insertion of new sales sheets into the data book. A cover page
identifying the project for which the data book is prepared, the name of the appraiser, and
the date of its compilation, should be followed by a Table of Contents which must identify
the major sections into which the data book is divided. The data book must contain the
following:
1. Regional and neighborhood description and analysis. This information may be
omitted from each individual appraisal report as long as the written report directs the
reader's attention to the fact that this information is presented in the data book.
2. A "Sales Map" or "Location Map" showing the location of each comparable sale
property for which a Sales Data Sheet is contained in the Data Book. Such maps must be of a
scale, and produced with clarity, such that the location of each comparable sale property is
Page 13 of 15
16B11
discernible by the reader. Any Listings employed by the appraiser must also be shown on
the maps.
Separate tabbed sections for: (1) vacant land Sales Data Sheets, subdivided into groupings
based upon highest and best use, with listings grouped together within each sub-group; (2)
improved property Sales Data Sheets, subdivided into separate groups based upon present
use, with listings grouped together within each sub-group; (3) market adjustment studies; (4)
income, expense and capitalization rate studies; (5) regional analysis (unless the terms of the
agreement between Collier County and the Appraiser specifically exclude regional analysis
from the scope of the assignrnent(s); (6) neighborhood analysis; (7) applicable excerpts from
zoning regulations or such other reference materials upon which the Appraiser has
specifically relied in developing the appraisals; and (8) any special studies and/ or
comparative analyses made during the development of the appraisals, and/ or which were
already in existence and upon which the Appraiser relied during the development of the
appraisals.
Page 14 of 15
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EXHIBIT B
RATE SCHEDULE
Personnel Category
Appraiser
Staff Appraiser
Technical Assistance/Clerical
Researcher
Expert Witness
Rate per hour
$150.00
$125.00
$ 60.00
$ 85.00
$200.00
This list is not intended to be all inclusive. Hourly rate fees for other categories of
professional, support and other services shall be mutually negotiated by the County and firm
on a project by project basis as needed
Page 15 of 15
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ACORD~ CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDNYYY)
11/25/2008
PRODUCER (407)849-0333 x139, Fax(407)425-5694 THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION
George Eidson Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 540209 ALTER THE COVERAGE AFFORDED BY THE POLICIES 8ELOW.
2807 Edgewater Drive
Orlando FL 328540209 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Travelers Indemnity
The Appraisal Group INSURER B:
378 CenterPointe Circle Suite 1286 INSURER c'
Al tamonte Springs FL 32701 INSURER 0:
Altamonte Springs INSURER E:
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 INS~~~~7~T~~:~~~ED BY T~~ :~~I~~E;l""\l~;~~~I'~~~I~~~II~~IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
INSR ADD'L Pgl~~~~~68~f PgkIfJ{~~6~tW{N LIMITS
TYPE OF INSURANCE POLICY NUMBER
~NERAL LIABILITY I6808468H753TIA 08 01/20/2008 01/20/2009 EACH OCCURRENCE $ 1,000,000
.!. ~M~ERCIAL GENERAL LIABILITY ~~~~*~J9E~~~J~~nce\ $ 1,000,000
A - CLAIMS MADE W OCCUR MED EXP IAn one Derson) $ 10,000
- PERSONAL & ADV INJURY $ 300,000
- GENERAL AGGREGATE $ 1,000,000
~'L AGG:nE LIMIT AFlES PER PRODUCTS. COMP/OP AGG $ 1,000,000
PRO.
POLICY JECT Lac
AUTOMOBILE LIABILITY I5808468H753TIA 08 01/20/2008 01/20/2009 COMBINED SINGLE LIMIT
- (Eaaccidenl) $ 1,000,000
f- ANY AUTO
A ~ ALL OWNED AUTOS BODILY INJURY
(Per person) $
f- SCHEDULED AUTOS
~ HIRED AUTOS BODILY INJURY
$
~ NON-OWNED AlJTOS (Per accident)
f- PROPERTY DAMAGE $
{Per accident)
R~GE LIABILITY AUTO ONLY. EAACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY; AGG $
0~S/UMBRELLA L.IABILlTY ISFCUP8468H753IND08 01/20/2008 01/20/2009 EAI"'H OCI"'IIRRI"NI"'I" $ 1,000,000
X OCCUR 0 CLAIMS MADE AGGREGATE $ 1,000,000
S
A ~ ~EDUCTIBLE $
RETENTION of: $
WORKERS COMPENSATION AND I )~>(~ STATU., I IOJ~.
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED?
Ifyes,desclibeund8i'" EL DISEASE - EA EMPLOYE S
SPECIAL PROVISIONS below EL. DISEASE. POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATlONS/LOCATIONSNEHICLESJEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
*10 Days for Non Payment of Pr emium
Certificate holder is listed as an Additional Insured as respects the General Liability policy.
CERTIFICATE HOLDER
CANCELLATION
Collier County Government
Purchasing Building
3301 E. Tamiami Trail
Naples, FL 34112
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
FAILURE TO DO SO SHALL. IMPOSE NO OBLIGATION OR LJABILJTY OF ANY KIND UPON THE
INSURER, ITS AGENTS OR REPRESENT A TlVES.
AUTHORIZED REPRESENTATIVE
~,._/C/~~
@ACORD CORPORATION 1988
Carroll Frazier/CAF
ACORD 25 (2001/08)
II\J~n?t::{f'I;"a\"o~
0",.,,, 1 "I?
16811
03-03-2003
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF WORKERS' COMPENSATION
CERTIFICATE OF EXEMPTION FROM FLORIDA WORKERS' COMPENSATION LAW
NON-CONSTRUCTION INDUSTRY EXEMPTION
This certifies that the individual listed belo......has elect.e.d tp b.eelCempt from
Florida Workers' Compensation La.....,
EFFECTIVE
01/23/2003
EXPIRATION DATE N/A
PERSON
SSN
FEIN
BUSINESS
MACMI LLAN
RICHARD K
-
593108381
APPRAISAL GROUP CENTRAL FLORIDA INC
378 CENTER POINTE CIRCLE
SUITE 1286
ALTAMONTE SPRINGS FL 32701
NOTE: Pursuant to Chapter 440 , 1 O( 1) ,(g). 2 ,F. S, , a sole proprietor, partner. or an
officer of a corporation .....ho elects elCemption from the Florida Workers'
Compensation La..... may not recover benefits or compensation under Chapter 440 ,
PLEASE CUT OUT THE CARD BELOW AND RETAIN FOR FUTURE REFERENCE
STATE OF flORIDA
DEPARTMENT OF FINANCIAL SERVICES
DIVISION CF WORKERS' COMPENSA 1l0N
.~
L
D
NON-CONSTRUCTION NlUSTRY
C81TIFICA TE DI' EXEMPTION FROM flORIDA
WORKERS' COMPENSATION LAW
EFFECTIVE: 01/23/2003
EJCPIRATlON: NfA
PERSON: MACMILLAN RICHARD
SSN: 261-86-2063
FEIN: 593108381
H
E
R
E
NOTE: Pursuant to chapter 440,10[1).lgl,2, F,S.,
a sol, proprl'tor, partner, or officer of an corporation
who elects exemption from th, Florida Work",' Compensation
Law may not recover benefit. or compens'tion under Chep!er 440,
BUSINESS:
APPRAISAL GROUP CENTRAL FLORID
378 CENTER POIDE CIRCLE
SUITE 1286
ALTAMONTE SPRWGS Fl 32701
CUT HERE
.. Carry bottom portion on the job, keep upper portion for your records.
16811
04-29-2003
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF WORKERS' COMPENSATION
CERTIFICATE OF EXEMPTION FROM FLORIDA WORKERS' COMPENSATION LAW
NON-CONSTRUCTION INDUSTRY EXEMPTION
This certifies that the individual listed below has elected to be exempt from
Florida Workers' Compensation Law.
EFFECTIVE
PERSON
SSN
FEIN
BUSINESS
01/23/2003
EXPIRATION DATE N/A
POPE
HELEN K
..,
593108381
APPRAISAL GROUP CENTRAL FLORIDA INC
378 CENTER POINTE CIRCLE
SUITE 1286
ALTAMONTE SPRINGS FL 32701
NOTE: Pursuant to Chapter 440 . 1 0111. (gl. 2 . F . S. . a sole proprietor. par'tner. or an
officer of a corporation who elects exemption from the Florida Workers'
Compensation Law may not recover benefits or compensation under Chapter 440,
PLEASE CUT OUT THE CARD BELOW AND RETAIN FOR FUTURE REFERENCE
STATE OF RORIOA
DEPARThlENT OF ANANClAL SERVICES
OIVlSlON OF WORKEIlS' COr.t'ENSA TION
.~
L
D
NON-CONSTRUCTION INDUSTRV
cmTIRCA TE OF EXEMPllON FROM FlORIDA
WOflK81S' COMPENSATION LAW
EFFECTIVE,
EXPIRA TIOtt
PERSOtt
SSN,
FEIN,
BUSINESS:
NOTE: Punuant to ,hapter 440,10111.1gl.2, F,S"
a sol. proprietor, partner, or officer of an '''poration
who .Iects exemption lrom tie Florida Worken' Compensation
Law may not recover b"efits or coll1lloosation under Chapter 440,
0112312003
N/A
POPE HELEN
m-S9-US8
593108381
APPRAISAL GROUP CENlllAL R.ORIO
378 CENTER PO~TE CIRClE
SUITE 128S
AlTAMONTE SPRINGS FL 32701
H
E
R
E
CUT HERE
· Carry bottom portion on the job, keep upper portion for your records.
1 ~
ACORD I CERTIFICATE OF INSURANCE I ISSUE DATE (MM/DDIYY)
11124/08
PRODUCER
PROFESSIONAL LIABILITY SERVICES THIS IS TO CERTIFY AS A MAlTER OF INFORMATION ONLY AND CONFERS NO
1250 S, HIGHWAY 17-92 RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT
AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
LAKE CENTER SUITE 110 BELOW.
LONGWOOD, FL 32750 COMPANIES AFFORDING COVERAGE
INSURED COMPANY A GENERAL STAR INSURANCE COMPANY
LEITER
COMPANY B
THE APPRAISAL GROUP OF CENTRAL LE'ITBR
FLORIDA, INC. COMPANY C
LEITER
378 CENTER POINTE CIR, STE, # 1286 COMPANY D
ALTAMONTE SPRINGS, FL 32701 LEITER
COMPANY B
LEITER
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BEWW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE
POLICY PERIOD INDICATED, NOTWITHSTANDINO 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 [S SUEJECT TO ALL TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REPRODUCED BY
PAID CLAIMS,
co TYPEOl'lNSlJRANCE POUCYHUM8I!R POLIC~;:::O~~D^TB ~~~C:{~~N L1Mn"S
'"
GENERAl-LIABILITY
- OeNl!RAJ.AOOIleGATB $
'- jMMBRCIALGlfNBRAL !.lABILITY PRODUCTS-OOMPIOI'.AOO. $
- ClAIMSMADl! D OCCUlt PERSONAL ol ADV. INruRY $
- OIVNEll'S.I: CONTRACTORS PROT I!ACHOCCUIlRENCE $
FlRBDAMAGE[AnYCIIlo/lr.) $
MED.l!XPJrnSl!IAnvone_1 $
~OMOB]U!LIABlLITY COMBINED SINGLE $
ANY AUTO LIMIT
f-
f- Al.LOWNWAtrrOS DOOILYINIlJRV $
(Fa"""",,)
f- SCHEDutEDAUTOlt
f- HlREPAUTOS OOOll Y INJURY $
(l'<<acei~enl)
I- NON-oWNl!D Al1roS
fRQPBRTY aAlMO!! $
GARAGE UA.IIIUlY
exCESS LlABJLJTY EACIlOCCIJRRENCl! $
ROM'''''''''''' AGGUOATI!
$
OTHeR THAN UMBRELLA FORM
WORXl!1l.'S COMPENSATION I STATIITORY LIMITS
'"0 I!ACHACCIDI!HT $
EMI'LOVEI!'S UADILlTY IJlSBA$I!.POLlCY LIMIT $
DISI!''''SB.BACH BMPLOYl!l! $
OTHER $1,000,0001
PROFESSIONAL
A LIABILITY NJA9763S4D 01/01/08 01/01/09 $1,000,000 $5,000
INSURANCE
D5SOUPTlON OP OJlEJl.ATION&'l.OCATlON8lV1!H1ClI!SlSPI!CIAL ITEMS
CERTIFlCA T8 HOLDER CANCEUAT10N
COLLIER COUNTY GOVERNMENT SHOULD ANY OP TIm ABOVE DBSCRlBED FOUClES HE CANCELLED BEFORE THE BXP1RATlON DATE
THEREOF, THE ISSUING COMPANY WILL ENnEA VOR TO MAll.lO _ DA VS WRJTIBN NOTICe TO THE
PURCHASING BUILDING CERTIFICATE HOLDER NAMEOTO THBLBFT, BUT FAILURE TO ~n.SUCHNonCti SHALL IMPOSE NO
3301E,T~~ITRAlL OBLlOAT[ONOR L!AB1U~ ANY KIND UPON THE CO P~, ITS AGENTS OR RBPRBSDNrATIVBS.
NAPLES, FL 34112 Allf"ORlZEOIUl',; "<, E /7-.-~ /.
/!;U~
...CCORD 25-5 7190 C ACORD CORPORATION 1990
16B
MEMORANDUM
Date:
December 10, 2008
To:
Rhonda Cummings, Contract Specialist
Purchasing Department
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Contract No.: 08-5067
"Real Estate Appraisal Service"
Contractor: Integra Realty Resources
Enclosed please find one (1) original contract, as referenced above,
(Agenda Item #16Bll), approved by the Board of County
Commissioners on Tuesday, December 2, 2008.
An original is being kept in the Minutes and Records Department as part
of the Board's permanent records.
rfyou should have any questions, please contact me at 252-8411.
Thank you.
Enclosures
168J1
COlli> 'TV ^1T01)!\'EV
. ) ,.It ~ \ , {'"'Ii 1.. lId ~ I
Co
OfFlCElfGriHfRECEIVED:
16811
Gol~
/v\q
V.,"r st1
1(J- '6/D~
,. .... CJYl(7 .
';I~OVU C{~~~e~
_' c,r.c .- 4
.,'. '), "2
; ~-l L. -.)
ITEM NO.: a-"PQ.c - 010 L{ 3
FILE NO.:
ROUTED TO:
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date:
December 2, 2008
To:
Office of the County Attorney
Attention: Jeff Klatzkow
From:
Rhonda Cummings, CPPB, Contract Specialist
Purchasing Department, Extension 8941
Re: Contract: #08-5067 "Real Estate Appraisal Service"
Appraisers:
American Acquisition Group
Anderson & Carr
Appraisal Group of Central Florida
Boyd, Schmidt and Brannum
Callaway & Price
Kenneth C. Evans
Kenneth R. Devos
"Integra Realty Resources
Real Estate Appraisal and Litigation
Retech
Wilcox Appraisal Services
BACKGROUND OF REQUEST:
This contract was approved by the BCC on December 2, 2008;
Agenda Item 16.B.11
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Jeff, this is a standard contract with no changes. Please forward to
BCC for signature after approval. If there are any questions concerning the
document, please contact me. Purchasing would appreciate notification when
the documents exit your office. Thank you.
MEMORANDUM
16811
TO: Ray Carter
Risk Management Department
FROM:
Rhonda Cummings, FCCN, CPPB, Contract Specialist
Purchasing Department
<
'l: . ''''J/"'' " . ,..'. ,:'
c' i., /, <1 f. L_ t / /';!U' /
,1' [~ ,,-__CI/ /~ ..(.-q./ )
DATE: December 2,2008
RE: Review of Insurance for Contract: #08-5067 "Real Estate
Appraisal Service"
Appraisers:
American Acquisition Group
Anderson & Carr
Appraisal Group of Central Florida
Boyd, Schmidt and Brannum
Callaway & Price
Kenneth C. Evans
Kenneth R. Devos
V Integra Realty Resources
Real Estate Appraisal and Litigation
Retech
Wilcox Appraisal Services
This Contract was approved by the BCC on December 2, 2008; Agenda Item
16.B.11
Please review the Insurance Certificates for the above-referenced contract
and forward to the County Attorney's Office for further signature routing.
Thank you. If you have any questions, please contact me at extension 8941.
C: Harry Henderson, TECM/ROW
DA TE RE ",
CUVEC
Ore a 3 2008
I<I"k "
::',1>1,',,,.
, "Vlto'\l-./:""
...../ ",Flr:N;
/tY'ViA 4, I /
1ir f~ vu.f-l
/lIvid
dod/RC
.,.;,ww.sunbiz.org - Department of State
11
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Florida Profit Corporation
INTEGRA REALTY RESOURCES SOUTHWEST FLORIDA, INC.
Filing Information
Docum~nt Numb~r POl 000122076
FEI Number 030386053
Date Filed 12/26/2001
State FL
Status ACTIVE
Last Event NAME CHANGE AMENDMENT
Event Date Filed 10/01/2003
Event Effective Date NONE
Principal Address
4795 ENTERPRISE AVE
NAPLES FL 33104.7042
Changed 10/04/2002
Mailing Address
4795 ENTERPRISE AVE
NAPLES FL 33104.7042
Changed 10/04/2002
Registered Agent Name & Address
STOKES, JULIAN
4795 ENTERPRISE AVENUE.
NAPLES FL 34104.7042 US
Address Changed: 02/19/2003
Officer/Director Detail
Name & Address
Title P
STOKES, JULIAN
4795 ENTERPRISE AVENUE
NAPLES FL 34104.7042
Title V
TIPPETT, THOMAS
4795 ENTERPRISE AVENUE
NAPLES FL 34104.7042
Title ST
http://www.sunbiz.org/scripts/cordet.exe?action~DETF1L&inq_doc_number=P01000122...11/20/2008
'.Yww,sunbiz.org - Department of State
Page 2 of2
STOKES, DEBORAH
4795 ENTERPRISE AVENUE
NAPLES FL 34104-7042
Annual Reports
Report Year Filed Date
2006 01/11/2006
2007 01/24/2007
2008 01/09/2008
Document Images
01/09/2008=.ANNUAL REPORT
01/24/2007 =.ANNUAL REPORT
01/11/2006 =-ANNUAL REPORT
Q~L10/2005.. jlNNUAL REPORT
01/22/2004 -c ANNUAL REPORT
10/01/2003 =-Name Change
Q2/1!;j/2003.cANNU.ALnREPQ8J
04/23/2002.. ANNUAL REE'DRT
12/2.Eian01 .. Domestic Profit
16811
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16B11
A G R E E MEN T 08-5067
for
Real Estate Appraisal Services
THIS AGREEMENT, made and entered into on this 2.~\ day of D."p~l,~''L008, by and
between Integra Realty Resources-Southwest Florida, authorized to do business in the State
of Florida, whose business address is 4795 Enterprise Avenue, Naples, Florida 34104,
hereinafter called the "Appraiser" (or "Consultant") and Collier County, a political
subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County":
WITNESSETH:
1. COMMENCEMENT. The Agreement shall commence upon issuance of a Purchase
Order and a Notice to Proceed. In accordance with RFP 08-5067 "Real Estate Appraisal
Services", Appraiser shall provide a written fee proposal to the County for each service,
hereinafter "Work", to be performed under this Agreement. Upon approval by the
Project Manager, a Purchase Order and a Notice to Proceed shall be issued for the
service as specified in the proposal. The Appraiser shall then provide the specified
service to the County. The Agreement shall be for a one (1) year period, effective on the
date the Agreement is approved by the Board of County Commissioners.
The County may, at its discretion and with the consent of the Appraiser, renew the
Agreement under all of the terms and conditions contained in this Agreement for three
(3) additional one (1) year periods. The County shall give the Appraiser written notice
of the County's intention to extend the Agreement term not less than ten (10) days prior
to the end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Appraiser shall provide real estate appraisal services
in accordance with the terms and conditions of RFP #08-5067, Exhibit" A" Scope of
Services, and the Appraiser's proposal referred to herein and made an integral part of
this agreement. This Agreement contains the entire understanding between the parties
and any modifications to this Agreement shall be mutually agreed upon in writing by
the Appraiser and the County project manager or his designee, in compliance with the
County Purchasing Policy and Administrative Procedures in effect at the time such
services are authorized.
3. COMPENSATION: The County shall pay the Appraiser for the performance of this
Agreement upon completion or partial completion of the work tasks as accepted and
approved by the County Project Manager or his designee pursuant to the fees as set
forth in Exhibit "B", included in this agreement, together with the Travel and
Reimbursable Expenses as defined in this agreement. Payments shall be made to the
Page 1 of 15
J6811
Appraiser when requested as services are rendered, but not more frequently than once
per month, on an estimated percentage complete for the Labor and Expenses Fee and at
actual costs for Travel Expenses. Payment will be made upon receipt of a proper invoice
and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local
Government Prompt Payment Act", Reimbursable expenses shall be invoiced for the
expenditures incurred by the Consultant as follows:
Expenses of transportation and living when traveling in connection with each
Purchase Order, except for local travel within Collier or Lee Counties, as provided in
Section 112.061, F.5., and all Agreement-related mileage for trips that are from/to
destinations outside of Collier or Lee Counties approved in advance by the County.
The time reported by the Appraiser to perform specific work related to litigation is
subject to final approval by the County Attorney, or by an attorney employed by and
representing the County. Appraiser's invoice must contain a description of the service
provided, project and parcel number (or name), and the amount of fee payable. The
Appraiser shall maintain documentation for all fees charged under the terms of this
Agreement for a period of not less than three (3) years from the date of the final
invoice for appraisal services rendered relative to a Property. Fees for the services of
any and all subcontractors and sub consultants employed by Appraiser must be
authorized in advance by County Purchase Order.
Reimbursement rates as provided in Section 112.061, Florida Statutes, currently:
Mileage: $ 44.5 per mile
Breakfast: $ 6.00
Lunch: $11.00
Dinner: $19.00
Airfare: Actual ticket cost of Coach Fare
Rental car: Actual rental cost of midsize or smaller car
Lodging: Actual cost of reasonable lodging at single occupancy rate
Parking: Actual cost of parking
4. COMPLETION/CORRECTION. If a substantially completed written appraisal report
(original) is delivered to the County by the due date, or by a date mutually agreed upon,
but which report fails to comply with the USP AP, or which report contains errors or
omissions from within either the body or the addenda, Appraiser shall, within fourteen
(14) calendar days from the date of notification by the County Project Manager, furnish
such corrected and/ or additional pages which will bring the appraisal report into
compliance with the USP AP and/ or correct such errors and omissions (if any). No
penalty for late performance will be charged against the Appraiser within said fourteen
(14) day period, Nor shall Appraiser charge the County any additional fees from
bringing written appraisal reports into compliance with the USP AP, for correcting any
errors, or for providing previously omitted materials,
5. DEDUCTIONS FOR NON-PERFORMANCE. It is acknowledged that time is of the
essence. The County reserves the right to deduct portions of the (monthly) invoiced
amount for items not completed within the expressed time frame. These funds would be
Page 2 of 1 5
16811
forfeited by the Appraiser and that the following schedule shall govern the deduction
for late performance:
(a) In the event that the services are not completed and submitted to County in
accordance with the due date as set forth in a County Purchase Order; then County at
its discretion may reduce the fee payable to Appraiser by seven percent (7%) for each
week, or portion thereof, for every week the services are past due; or
(b) In the event that circumstances beyond the control of Appraiser cause completion
of the services to be delayed beyond the due date as set forth in a County Purchase
Order, and prior to said due date there is a mutual understanding between the parties
to this Agreement that such delays were beyond the control of Appraiser, County may
issue an written extension of the due date without penalty deduction. Said extension
shall cite the reason for delay in completion of the appraisal report and shall set a new
due date for submission of the report. Deductions as described above shall apply to
the revised due date.
6. SALES TAX. Appraiser shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work.
7. CONTRACT ADMINISTRATION. The Transportation Right of Way Acquisition
Manager or the Manager's designee (hereinafter referred to as "Contract Manager"),
shall be responsible for ensuring performance under the terms and conditions of this
Agreement.
8. MEETINGS. Appraiser shall meet with the Contract Manager to discuss the Work at a
time(s) and place(s) of meeting(s) which shall be established by mutual agreement of the
parties to this Agreement.
9, CERTIFICATE OF APPRAISAL. In accordance with the Work, all Certificates of
Appraisal shall be signed by Julian L. H. Stokes, MAl, CRE, FRICS. In addition, at the
discretion of Appraiser, one (1) associate appraiser, either working in a contractual
relationship or as an employee of Appraiser, is hereby authorized by County to sign the
Certificate of Appraisal. All persons consulted by Appraiser in the making of appraisals
under the terms of this Agreement must be properly identified in the written appraisal
report(s).
10. CONFIDENTIALITY. Subject to the requirements of the Florida Public Records Act,
Chapter 119, Fla. Stat., and the Florida Sunshine Law, Chapter 286, F1a, Stat., Appraiser
shall neither discuss nor divulge the contents of the written appraisal reports relating to
the Property with anyone without the approval of the Contract Manager. Further,
Appraiser shall save harmless the County from all claims or liabilities, including court
costs and attorneys fees, due to Appraiser's activities, or those of Appraiser's agents or
employees, and shall not engage in any business transactions involving any of the
properties appraised under the terms and conditions of this Agreement for a period of
Page 3 of15
16811
one (1) year from the date of valuation of the latest appraisal, or updated appraisal, of
any of the Property.
11. UNLAWFUL SOLICITATION AND ASSIGNMENT OF AGREEMENT. By the
execution of this Agreement, Appraiser warrants that it has not employed, retained,
paid, or agreed to pay, any company or person, other than a bona fide employee, to
solicit or secure this Agreement contingent upon, or resulting from, the award or
making of this Agreement. Appraiser further warrants that no part of the total of the
fees payable under the terms of this Agreement shall be paid directly or indirectly to
any employee of the County as wages, compensation, or gift in exchange for acting as
officer agent, employee, subcontractor, or consultant to the Appraiser in connection
with any appraisal work performed or contemplated under the terms of this Agreement,
without prior County approval. Appraiser further warrants that there shall be no
transfer or assignment of any part of this Agreement, except by the written approval of
the Contract Manager. For breach or violation of this warranty County shall have the
right to terminate this Agreement immediately without financial obligation, or to
pursue any other available remedies.
12. NOTICES. All notices from the County to the Appraiser shall be deemed duly served if
mailed or faxed to the Appraiser at the following Address:
Julian L. H. Stokes, MAl, CRE, FRICS, Managing Director
Integra Realty Resources-Southwest Florida
4795 Enterprise Avenue
Naples, FL 34104
Phone: 239-643-6888; Fax: 239-643-6871
All Notices from the Appraiser to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attention: Steve Carnell, Purchasing/GS Director
Telephone: 239-252-8371
Facsimile: 239-252-6584
The Appraiser and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing,
Page 4 of 15
16817
-
13. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Appraiser or to constitute the Appraiser as
an agent of the County.
14. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Appraiser. Payment
for all such permits issued by the County shall be processed internally by the County.
All non-County permits necessary for the prosecution of the Work shall be procured
and paid for by the Appraiser. The Appraiser shall also be solely responsible for
payment of any and all taxes levied on the Appraiser. In addition, the Appraiser shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S, Government now in force or hereafter adopted, The Appraiser agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Appraiser.
15. NO IMPROPER USE. The Appraiser will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Appraiser or
if the County or its authorized representative shall deem any conduct on the part of the
Appraiser to be objectionable or improper, the County shall have the right to suspend
this Agreement. Should the Appraiser fail to correct any such violation, conduct, or
practice to the satisfaction of the County within twenty-four (24) hours after receiving
notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured. The Appraiser further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the
County.
16. TERMINATION. Should the Appraiser be found to have failed to perform his services
in a manner satisfactory to the County as per this Agreement, the County may terminate
said agreement immediately for cause; further the County may terminate this
Agreement for convenience with a thirty (30) day written notice. The County shall be
sole judge of non-performance.
17. NO DISCRIMINATION. The Appraiser agrees that there shall be no discrimination as
to race, sex, color, creed or national origin,
18. INSURANCE. The Appraiser shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
Appraisers; Products and Completed Operations and Contractual Liability.
Page 5 of 15
16811
B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $500,000
for each accident.
D. Professional Liability Insurance: Professional Liability Insurance shall be
maintained by the Appraiser to insure its legal liability for claims arising out of the
performance of professional services under this Agreement. Appraiser waives its
right of recovery against OWNER as to any claims under this insurance. Such
insurance shall have limits of not less than $1,000,000 per occurrence.
Special Requirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability
Policy,
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Appraiser during the duration of this Agreement. Renewal
certificates shall be sent to the County thirty (30) days prior to any expiration date.
There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage.
Appraiser shall insure that all sub consultants or subcontractors comply with the
same insurance requirements that he is required to meet. The same Appraiser
shall provide County with certificates of insurance meeting the required insurance
provisions,
19. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Appraiser
shall indemnify and hold harmless Collier County, its officers and employees from any
and all liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness,
or intentionally wrongful conduct of the Appraiser or anyone employed or utilized by
the Appraiser in the performance of this Agreement. This indemnification obligation
shall not be construed to negate, abridge or reduce any other rights or remedies which
otherwise may be available to an indemnified party or person described in this
paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
Page 6 of 15
16811
20. CONFLICT OF INTEREST: Appraiser represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder, Appraiser further represents that
no persons having any such interest shall be employed to perform those services.
21. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the
attached component parts, all of which are as fully a part of the Agreement as if herein
set out verbatim: Appraiser's Proposal, Insurance Certificate, RFP #08-5067 Scope of
Services and two (2) Addenda,
22. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
23. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, firm, and! or any employee of the firm
from contact with County staff for a specified period of time; b. Prohibition by the
individual and! or firm from doing business with the County for a specified period of
time, including but not limited to: submitting bids, RFP, and! or quotes; and, c.
immediate termination of any contract held by the individual and! or firm for cause.
24. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement,
the Appraiser is formally acknowledging without exception or stipulation that it is fully
responsible for complying with the provisions of the Immigration Reform and Control
Act of 1986 as located at 8 USe. 1324, et seq, and regulations relating thereto, as either
may be amended. Failure by the Appraiser to comply with the laws referenced herein
shall constitute a breach of this agreement and the County shall have the discretion to
unilaterally terminate this agreement immediately.
25. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
26. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant Agreement to other governmental entities at
the discretion of the successful proposer,
27. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
Page 7 of 15
16811
28. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to
this Agreement upon satisfactory negotiation of price by the Contract Manager and
Appraiser.
29. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be
attended by representatives of Appraiser with full decision-making authority and by
County's staff person who would make the presentation of any settlement reached
during negotiations to County for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Appraiser with full decision-making authority
and by County's staff person who would make the presentation of any settlement
reached at mediation to County's board for approval. Should either party fail to submit
to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal
or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
30. KEY PERSONNEUPROTECT STAFFING: The Appraiser's personnel and management
to be utilized for this project shall be knowledgeable in their areas of expertise. The
County reserves the right to perform investigations as may be deemed necessary to
insure that competent persons will be utilized in the performance of the Agreement.
Selected firm shall assign as many people as necessary to complete the Work on a timely
basis, and each person assigned shall be available for an amount of time adequate to
meet the dates set forth in the Purchase Order. Firm shall not change Key Personnel
unless the following conditions are met: (1) Proposed replacements have substantially
the same or better qualifications and/ or experience. (2) That the County is notified in
writing as far in advance as possible. Firm shall make commercially reasonable efforts to
notify Collier County within seven (7) days of the change. The County retains final
approval of proposed replacement personnel.
Page 8 of 15
16811
IN WITNESS WHEREOF, the Appraiser and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
f Courts k
Attest as to Chaln14d ,
slQoaturt' 00"
APPRAISER
Integra Realty Resources-Southwest Florida
L~c..' \ ~(}.., YY\o..'tTi VI
tTypejprint witness namet
jJ 5($ dv
Second Witness
(
\
\ By:
~..
~ 1 ~ rY\u}\--:t~
First Witness
Julian L. H. Stokes, President
Typed signature and title
Debbie Stokes
tTypejprint witness namet
Approved as to form and
legal sufficiency:
Item #
~rn~
Ct;[f8)7 ((I. been~
Print Name
Assistant County Attorney
Page 9 of 15
EXHIBIT A
Scope of Services
16811
COLLIER COUNTY SUPPLEMENTAL APPRAISAL STANDARDS
(A Supplement to the Uniform Standards of Professional Appraisal Practice)
The following standards governing the preparation of written appraisal reports for Collier
County, Florida, are intended to clarify the expectations for the content of each and every
written appraisal report (whether Self-Contained or Summary) prepared for the Board of
County Commissioners and / or the various Divisions and Departments under the County
Manager. Where there may seem to be a conflict between these standards and the scope of
any assignment undertaken for the County, the appraiser should consult with the Right-of-
Way Design and Valuation Coordinator, Real Property Management Department, for further
clarification. Each appraiser and appraisal firm qualified to provide appraisal services for the
Board of County Commissioners of Collier County, Florida, is responsible for obtaining and
maintaining a current copy of the Uniform Standards of Professional Appraisal Practice
(USP AP).
DATE OF VALUE
Unless a retrospective appraisal with a previous date of value was specifically ordered by
Collier County, or unless the Appraiser has been specifically instructed otherwise (as for a
date-of-deposit appraisal), the date of value of the appraisal, being the Appraiser's last
inspection of the subject property, shall be within two (2) weeks of the date of submission of
the draft appraisal report to the Right-of-Way Design and Valuation Coordinator.
STRUCTURES
Where all or a portion of a structure is located on the real estate being acquired by County,
Appraiser shall include the following information in the narrative description of the
property: [a] a statement as to the character (residential or business) of the structure's
occupant(s); [b] the name(s) of the occupant(s); and [c] a statement as to the legal status of
the occupant (tenant with or without lease, owner-occupant, etc.)
SALES LOCATION MAPS
Each written appraisal report shall contain at least one map upon which shall be plotted all of
the comparable sales analyzed during the development of the appraisal. If the comparable
sales cover such an extensive geographic area that a one page map would be illegible, then
more than one map is encouraged, each at a scale which is legible to the reader, i.e., where
common streets, rivers, canals, city blocks, etc, are recognizable.
REPORT JACKETS
All appraisal reports (originals and copies) must be bound with front and rear covers made
of plastic, heavy card stock.
Page 10 of 15
16811
SALES DATA SHEETS
Sales Data Sheets must be accompanied by a location map which clearly shows the
comparable sale property in relation to its neighborhood (which map may appear on the
same page as the sales data). The following information must be readily apparent from a
review of the map and/ or the written information provided:
o Date of sale and recording data - Grantor / Grantee and type of conveyance
instrument. If the sale property is located in a County besides Collier, a copy of the deed of
transfer must be provided as well.
o Location and legal description (a copy of the deed of transfer may be included with
the sales data sheet precluding the need to reprint the property's legal description).
o Parcel size, access and road frontage (if applicable).
o Present use and description of improvements (if any).
o Zoning,
o Existing and available utilities.
o Sale price, financing, cash equivalent price, and unit price.
o Verification data: parties to the transaction, comments on the motivation of the
parties, comments as to how the parties allocated value among the land and various
improvements (if available).
o Appraiser's comments.
SALES GRIDS
Each appraisal report shall contain a table of the sales most relied upon by the appraiser in
reaching a final value reconciliation. This table (a/k/ a "sales grid") is an effective
communication tool, and is of great value to all but the most casual reader of the appraisal
report. The sales grid must identify each sale by number or name, include the date of the
sale, the size of the sale property, zoning, purchase price, unit price (and where appropriate,
the price per dwelling unit), and a column or row for each item of comparison for which
adjustments were made by the appraiser. The sales grid must also contain a column or row
to show the subject's attributes in comparison with the most-relied-upon sales.
ADJUSTMENTS TO COMPARABLE SALES
In addition to Self-Contained appraisal reports, Summary appraisal reports prepared for the
County shall contain a detailed narrative explaining the adjustments made to the comparable
sales including the appraiser's reasoning and the data which forms the basis for the extent of
each adjustment.
Page 11 of 15
16811
PARENT TRACT
After application of the three corrunon tests to determine the parent tract for the subject
property (contiguity, unity of use, and unity of ownership), the Appraiser must include a
sketch of the whole property in the appraisal report; and, in the case of a partial taking, must
show on the sketch the part being acquired by the County. Unless Collier County provides
the Appraiser with a parent tract determination and an area calculation for the parent tract, it
is the responsibility of the Appraiser to calculate the area of the parent tract.
PARTIAL TAKINGS
Areas (in general) - While the area of the part being acquired will be provided by the County,
it is the responsibility of the Appraiser to calculate the area of the remainder tract.
Areas (easements) - Remainder areas should be the same after the taking of easements as the
area of the parent tract prior to the taking, The value after the taking should reflect that a
portion of the parent tract is encumbered by the easement taken by the County.
Cost-to-Cure Severance Damages - There must be damage to the remainder real estate before
a cure can be applied. Damages must be supported with market data and specified in dollar
terms. Without this supporting documentation, Collier County cannot be assured that the
cost of the cure will be less than the damages to which the property owner would otherwise
be entitled.
If the cure chosen by the appraiser includes a payment to the property owner to re-establish,
construct, or install a feature upon the remainder, for which the property owner has been
compensated in the value of the part taken, then the compensation for the taken feature shall
be deducted from the total compensation due the property owner. For example: if
compensation includes the depreciated replacement cost of fencing located within the take
area, and the proposed "cure" includes the installation of fencing upon the remainder, the
purpose of which is essentially to replace that fencing taken by the County, the depreciated
replacement cost of the fencing being taken, for which the property owner has already been
compensated, must be deducted from the total compensation due the property owner.
In addition, if the cure involves the relocation of amenities or parking (or anything else that
takes up useab1e space) onto the remainder property, the appraisal must address
compensation for the loss of that area occupied by the relocated feature.
As a matter of general policy, in order to avoid disputes over the quality of relocation work
performed by the County or its contractors, Collier County will seek to limit its liability by
paying the depreciated replacement cost for everything within the take area, and/ or by
paying the owner to relocate certain improvements onto the remainder at a location of their
choosing. Generally, it is better for the County to purchase anything within the take area,
rather than taking it in good faith that a property owner will relocate an improvement from
the right-of-way by that point in time that the right-of-way should be clear and ready for
construction,
Page 12 of 15
Lond 'nd Afftttcd Imp'=cm~'" Only on Impmved P=,1o - II it " the ^!,~,€) 1
judgment that the primary improvements located upon the remainder property are
unaffected by the taking, and after consideration of the possibility of any damages accruing
to the remainder property, the Appraiser may elect to prepare a before and after estimate of
the value of the land only, Such before and after values must be clearly labeled in the
appraisal report; and such an appraisal report must contain an explanation and brief
discussion of the factors considered in electing not to appraise the value of the property as
improved in both the before and after situations.
Signs - Should a trade sign or income producing sign be discovered within the taking area,
the Appraiser should consult with the County for specific instructions on valuation and/ or
compensation regarding the signage. When preparing an appraisal report for condemnation,
the appraiser should include the depreciated replacement cost of the signage in the total
estimate of compensation due the property owner. A cost to cure the damage resulting from
the absence of the sign is then applied in order to make the property owner "whole."
Special Benefits - The Appraiser should consult with the County prior to assigning special
benefits to a remainder property.
Rounding - All numbers below $1,000 will be rounded to the nearest $50 increment. All
numbers above $1,000 and below $100,000 will be rounded to the nearest $100 increment.
Everything over $100,000 will be rounded to the nearest $1,000 increment.
DATA BOOKS
GENERAL NOTE: For multiple appraisal assignments a Data Book may be required in
accordance with the terms of the Appraisal Agreement between the Appraiser and Collier
County, Florida. Should the County desire that a data book be prepared for an appraisal
project, such will be stipulated in the bid solicitation generated by County staff, and it shall
be made a specific condition in the Appraisal Agreement between the Appraiser and Collier
County. Absent any such stipulation, a data book will not be required,
All of the sales sheets as well as the narrative discussion of the appraiser's market
observations and adjustments should be on 8 1/2" x 11" paper bound by a three ring binder
to accommodate the easy insertion of new sales sheets into the data book. A cover page
identifying the project for which the data book is prepared, the name of the appraiser, and
the date of its compilation, should be followed by a Table of Contents which must identify
the major sections into which the data book is divided. The data book must contain the
following:
1. Regional and neighborhood description and analysis, This information may be
omitted from each individual appraisal report as long as the written report directs the
reader's attention to the fact that this information is presented in the data book.
2. A "Sales Map" or "Location Map" showing the location of each comparable sale
property for which a Sales Data Sheet is contained in the Data Book. Such maps must be of a
scale, and produced with clarity, such that the location of each comparable sale property is
Page 13 of 15
16Rl1
discernible by the reader. Any Listings employed by the appraiser must also be shown on
the maps.
Separate tabbed sections for: (1) vacant land Sales Data Sheets, subdivided into groupings
based upon highest and best use, with listings grouped together within each sub-group; (2)
improved property Sales Data Sheets, subdivided into separate groups based upon present
use, with listings grouped together within each sub-group; (3) market adjustment studies; (4)
income, expense and capitalization rate studies; (5) regional analysis (unless the terms of the
agreement between Collier County and the Appraiser specifically exclude regional analysis
from the scope of the assignment(s); (6) neighborhood analysis; (7) applicable excerpts from
zoning regulations or such other reference materials upon which the Appraiser has
specifically relied in developing the appraisals; and (8) any special studies and/ or
comparative analyses made during the development of the appraisals, and/ or which were
already in existence and upon which the Appraiser relied during the development of the
appraisals.
Page 140fl5
16Rll
EXHIBIT B
RATE SCHEDULE
Personnel Category
Appraiser
Staff Appraiser
Technical Assistance/Clerical
Researcher
Expert Witness
Rate per hour
$150.00
$125.00
$ 60.00
$ 85.00
$200.00
This list is not intended to be all inclusive. Hourly rate fees for other categories of
professional, support and other services shall be mutually negotiated by the County and firm
on a project by project basis as needed
Page 15 of 15
11
A CORD:.. CI;RTIFICA TE OF LIABILITY INSURANCE , DATE (MMfDDIYYYY)
7/23/2008
PRODUCER Phone- ~-262-5143 Fax: 239-261-8265 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
---- ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Brown & Browr. of Florida, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
999 Vanderbilt Beach Road, #507 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
Naples FL 34108-3507
INSURERS AFFORDING COVERAGE NAIC#
INSUReo INSURERA:SOlltnern_Owners Ins Co.
Integra Realty Resources SW FLA Inc. rNSURERB:AmArican International Comnan
4795 Enterprise Avenue
Naples FL 34104 INSURER c:
INSURER 0:
INSURER E:
168
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
'~:: D~-~ TYPE n. POLICY NUMBER POLICY EFFECTIVE POllCYEXPIRATlON LIMITS
A ~NERAL. LIABiliTY 20709630 7/5/2008 7/5/2009 EACH OCCURRENCE $1 000 000
lL rlMMERCIAl GENERAL LIABILITY PREMISES Ea ClCCUrenoo $50 000
CLAIMS MADE !iJ OCCUR MED EX? (Anyone person) $5 000
f- PERSONAL &ADV INJURY $1 000 000
f- GENERALAGGREGATE $2 000 000
n'~AGG:EnILlMr~ APflS ;ER: PRODUCTS - COMP/OP AGG $2 000 000
POLICY .~9.,: LOC
A ~TOMOBllE LIABILITY 20709630 7/5/2008 7/5/2009 COMBINED SINGLE LIMIT $1,000,000
(EaQCddenl)
- ANY AUTO
- ALL OWNED AUTOS BOOlL Y INJURY
(Par person) $
- SCHEDULED AUTOS
;lL HIREDAUTQS BOOll Y INJURY
(Per accident) $
;lL NON-OWNED AUTOS
f- PROPERTY DAMAGE $
(Peracdd8flt)
~R~OE UABILlTY AUTO ONLY - EAACC1DENT $
ANY AUTO OTHER THAN EAACC $
AUTO ONLY: AGO S
p~SSIUMBRELLA LIABILITY EACH OCCURRENCE S
OCCUR D CLAIMS MADE AGGREGATE $
$
R. DEDUCTIBLE $
RETENTION $ $
B WORKERS COMPENSATION AND WC6969594 5/1/2008 5/1/2009 X r WCSTATu.. IOJb'"
EMPLOYERS' LIABILITY
ANY PROPRIETORfPARTNERlEXECUTlVE E.L. EACH ACCIDENT $100 000
DFFICERlMEMBER EXCLUDED? E.L. DISEASE. EA EMPLOYEE $100 000
g~~:S~~~s'lorNS below E.l. DISEASE. POLICY LIMIT $ "nn nnn
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS {VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
ertificate Holder is listed as an Additional Insured per
orm # 55202 (12-04) Additional Insured Exclusion-Products-Completed Operations for General Liability only.
CERTIFICATE fiOLDER
Collier County Board of Commissioners
3301 Tamiami Trail East
Naples FL 34112
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER
WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE
CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO
SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON
THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENT "liVE
~-f~y+
@ACORDCORPORATlON1988
ACORD 25 (2001/08)
OPID l 6J1r.l,l)
INTEG57 03 12 08
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 BELOW,
ACURD
- -
{;t:RTIFICA TE OF LIABILITY INSURANCE
PRODUCER
Schifman, aam1ey & Assoc., Inc
5201 Johnson Drive, Suite 500
Mission KS 56205
Phone:913-831-1777 Fax:913-831-4730
INSURED
Int.gra R8a~ty Resources
SoutfiWQst Florida
4795 Enterprise Avenue
Naples !'L 34104
COVERAGES
INSURERS AFFORDING COVERAGE NAIC #
~. "'-'-- ,.. '-- ~ ~~ ~~ ,,,,,-
INSURER B
INSURERC' "-~~---- -~--
INSU;ER;;--~----~- --~
--- --~'.'--
INSURER E;
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TEAM 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
r~ ..---~--I. -. POLI~i~'\,';"'cn,\1' P8k~~Y'Q~~'t"J~qN . - .-
I!'~'!;! TYPE OF INSURANCE POLICY NUMBER OATE M lDOIVY LIMITS
~NERAL UABllITY --:CH OCCURRENCE ,
;6.'f;fAGETu Kt:Nl t;U .- ~~..
COMMERCIAL GENERAl L1ABIU1l' ~~_ES (Ea occuren~) ,
I C~IMS MADE D OCCUR "-,,---
~':D E!,<P (Anyone persOfIL_ +-'------
- ~9NAL.~,ADV INJURY I
'--..-
GENERAL AGGREGATE I
---- -.---
~'L AGG~EhE~~~: APr~lS PER: PRODUCTS-C9-M~OP~~ 1-'--.-.__.__.
POLICY JECT LOC
~TOMOBILE LIABILITY COMBINED SINGLE LIMIT I
AtN AUTO (Ea accident)
I-- --'~'-'- ---.-.._-
I.- ALL OWNED AUTOS BODILY INJURY
(Pet parlion) .
1--- SCHEDULED AUTOS f---. ,-- 1--.-..--
I.- HIRED AUTOS BODILY INJURY
(Per accldenl) ,
NON.QWNED AUTOS
- -.--'-"'.- .--
- I PROPERTY DAMAGE .
i (Per accident)
==rAGE UABIUlY ~"!.:.O O~l Y ~ EA ACCIDE~.!- I
._--~_._~
Am AUTO OTHER THAN EA ACe .
--.;r.-----
AI)TO ONL v: AGG $
EXCESSJUMBRELLA LIABILITY EACH OCCURRENCE ,
P OCCUR o CLAIMS MADE -..- .-....---.-
AGGREGATE --- $
-~-~..~--
~u_____
R DEDUCTIBLE ------,-- ~..._----
RETENTION $ .
WORKERS COMPENSATION AND ITg~/~!~'If's I IOlt --..----...-.,-
EMPLOYERS' UABILI1Y ~-,CH ~~CIDENT-=--. ~._---
ANY PROPRIETORlPARl'NERlEXECUTlVE
OFFICERlMEMBER EXCLUDED? ~~. DISEASE. Ell. EMPL~~ .
If~, describe und&l' -'~_._.~ ..~--
S CIAL PROVISIONS belllW E.L DISEASE - POLICY LIMIT .
OTHER
A Errors & Om:lssions 0035262555 03/14/08 06/14/09 Limit $1,000,000
Oed. SlOOOO'
)ESCRIPTION OF OPeRATIONS I LOCATIONS I VEHICLES I EXCL.USIONS ADDEO BY ENDORSEMENT 1 SPECIAL PROVISIONS
;ERTIFICA TE HOLDER
>CORD 25 (2001/08)
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POL.ICIES BE CANCELLED BEFORE THE EXPIRAT10
DATE THEREOF, THE 1513UING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAllU~E TO 00 sa SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AU ~T~
@ACORDCORPORATION 1988
16811
MEMORANDUM
Date:
December 16, 2008
To:
Rhonda Cummings, Contract Specialist
Purchasing Department
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Contract No.: 08-5067
"Real Estate Appraisal Service"
Contractor: Wilcox Appraisal Services
Enclosed please find one (1) original contract, as referenced above,
(Agenda Item #16Bll), approved by the Board of County
Commissioners on Tuesday, December 2, 2008.
An original is being kept in the Minutes and Records Department as part
of the Board's permanent records.
If you should have any questions, please contact me at 252-7240.
Thank you.
Enclosures
ITEM NO.: oS'~' 01050
16811
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ROUTED TO:
REQUEST FOR LEGAL SERVICES
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DO NOT WRITE ABOVE THIS LINE
Date: December 4, 2008
To: Office of the County Attorney
Attention: Jeff Klatzkow
From: Rhonda Cummings, CPPB, Contract Specialist
Purchasing Department, Extension 8941
Re: Contract: #08-5067 "Real Estate Appraisal Service"
Appraisers:
American Acquisition Group
Anderson & Carr
Appraisal Group of Central Florida
Boyd, Schmidt and Brannum
Callaway & Price
Kenneth C. Evans
Kenneth R. Devos
Integra Realty Resources
Real Estate Appraisal and Litigation
Retech
.; Wilcox Appraisal Services
BACKGROUND OF REQUEST:
This contract was approved by the BCC on December 2, 2008;
Agenda Item 16.B.11
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
/:E2--::-' Jeff, this is a standard contract with no changes. Please forward to
~ BCC f signature after approval. If there are any questions concerning the
"- ument, please contact me, Purchasing would appreciate notification when
the documents exit your office, Thank you.
RLS # ../2$- her' - Of 0 SlJ
CmXKLlST FOR REVIEWING CONTRACTS
Entity Name:
I/J{/...~.if(AI5AL- ,'JdV(('i-S) I^"'c:,
Insurance
Insurance CCl1ificate attached?
Insured registered in Florida?
Contract # &/or Project referenced on Certificate?
Certificate Holder name correct (BCC)"
Commercial General Liahility
General Aggregate Required $__ ___
Products/Compl/Op Required $..______
Personal & Advert Required $ _________
Each Occurrence Required $ __~) W~:",-
Fire/Prop Damage Required $___________
Automobile Liability
Bodily In] & Prop Required $ 'irK'f oco__ Provided $ .5co ,1'1''-'
Workers Compensation
Each accident Required $ 5~~f e??P
Disease Aggregate Required $
Disease Each Empl Required $ _
Umbrella Liability
Each Occurrence Provlded $
Aggregate Provided $
Does Umbrella sufficiently cover any underinsured portion?
Professional Liability
Each Occurrence Required $_~~JJPt?O
Pcr Aggregate ReqUIred $ __._
Other Insurance
Each Occur Type: Required $ _______m_
County required to be named as additional insured?
County named as additional insured?
Entity name correct on contract?
Entity registered with FL Sec. of State?
t/"Yes
..v. Yes
\......-"'"'Yes
v_Yes
Yes
_~_Yes
Provided $ a.,IJI1Q1fO./'.
Provided $d~-.
Provided $ __Ll__
Provided $~MI~~_
Provided $ __n .. __
Provided $
Provided $
Provided $
Exp Date _.
Exp Date
Yes
Provided $ I ~oo ot> cl
Provided $ .'f-;;-f
Indemnification
Does indemnification meet County standards?
Is County indemnifying other party?
Performance Bond
Bond requirement referenced in contract?
If attached, expiration date ofbond .__.
Does dollar amount match contract?
Agent registered in Florida?
Signature Blocks
Correct executor name in signature block?
Correct title of executor?
Executor authorized to sign for entity?
Proper number of witnesses/notary?
Authorization for executor to sign, if necessary:
Chairman's signature block?
Clerk's attestation signature block?
County Attorney's signature block?
Attachments
Are all required attachments included?
Provided $
_v _Yes
.I..L Yes
If"'Yes
Yes
Yes
Yes
Yes
..L. Y es
_I.L_ Yes
. LYes
v Yes
_'LYes
v:Yes
__1/ Yes
_\.,(ves
16811
No
No
No
:-/0
..JL No
No
Exp.
Exp,
Exp,
Exp.
Exp,
DateJ~..
Date
Date
Date
Date
Exp Date
'/Jrz-/ CI'? _
- -7 dCI\I(j~~()
--- J J'~
.- crr-Uo
Exp Date
Exp Date
Exp Date
No
Exp.
Exp,
Date5/sjo<!_
Date 'I
Exp Date
No
No
No
v'No
.~No
No
No
No
No
No
No
No
No
No
No
Review'er Initial~'~ _
Dale: "7:;'~-1T128
04-('()A~22
www.sunbiz.org - Department of State
Page lof2
6B11
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Florida Profit Corppratiol!
WILCOX APPRAISAL SERVICES, INC,
Filing Information
Document Number P93000055173
FEI Number 650428412
Date Filed 08/04/1993
State FL
Slatus ACTIVE
Principal Address
1633 SE 41 ST STREET
CAPE CORAL FL 33904-7470
Changed 02/14/2003
Mailing Address
1633 SE 41ST STREET
CAPE CORAL FL 33904-7470
Changed 02114/2003
Registered A~E!nt Nal11~e~~_~dd~!'l.~~
WILCOX, R A
1633 SE 41ST STREET
CAPE CORAL FL 33904-7470 US
Address Changed: 02/14/2003
OfficerlDirector Detail
Name & Address
Title PSTD
WILCOX, R A
1633 SE 41ST STREET
CAPE CORAL FL 33904-7470
TitleVD
WILCOX, PATRICIA A
1633 SE 41ST STREET
CAPE CORAL FL 33904-7470
Annual Reports
Report Year Filed Date
2006 03/17/2006
2007 02/13/2007
2008 01/07/2008
D()cument Images
01iO/"2008 r'\NNUM_ f-<EPOr-;;T
View image in PDF format
http://eefeorp.dos.state. fl. us/seripts/eordet.exe')aetion~ D ETFl L&inq_ doc_number P9300... 12/12/2008
www.sunbiz.org- Department of State
02!13i2007 -- ANNUAL REPORT I
03/17!200f3 ~~ ANNUAL REPORT [
01/05/2005 -- ANNUAL F~EPor..n I
01/07/2004 ANNUAL v:':EFOHT I
02114/2003 -- Ar'-JNUAL REPORT r
0:3/05/2002 -- ANNUAL R[POF\T r
03/22/2001 ... l\NNUAL REPORT
04!22J2000 ANNUAL REPORT
03/09/1999 -- ANNUAL. HEPOHT I
()4/27/1D98... ANNU!~L r:':EPOHT [
04/24/1997 ANNUAL HEPORT I
05101/1996 ANNUAL REPORf l
O~i!O'L'1995 -- ANNUAL PEPDRT r
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~te: This is not official record. See documents if q~~ti~~-~~~~~n~
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16B11
http://cefeorp.dos.state. fl. us/seripts/eordet.exe')action~D ETFIL&inq_ doc_ number= P9300... 12/ 12/2008
16B11
MEMORANDUM
TO: Ray Carter
Risk Management Department ) {\
-~'/ I
FROM: Rhonda Cummings, FCCN, CPPB, Contract Specialist '\ 'f
Purchasing Department
DATE: December 4, 2008
RE: Review of Insurance for Contract: #08-5067 "Real Estate
Appraisal Service"
Appraisers:
American Acquisition Group
Anderson & Carr
Appraisal Group of Central Florida
Boyd, Schmidt and Brannum
Callaway & Price
Kenneth C. Evans
Kenneth R. Devos
Integra Realty Resources
Real Estate Appraisal and Litigation
Retech
.; Wilcox Appraisal Services
This Contract was approved by the BCC on December 2, 2008; Agenda Item
16.B.11
Please review the Insurance Certificates for the above-referenced contract
and forward to the County Attorney's Office for further signature routing.
Thank you, If you have any questions, please contact me at extension 8941.
C: Harry Henderson, TECM/ROW
r:t~I;I" I.()~.l... [I.'.'..... /..
i /'J 17//'~
~i
dod/RC
16B11
for
DATE RECEIVED
OfT 0 5 2008
RISK I{~N!\GEMENT
A G R E E MEN T 08-5067
Real Estate Appraisal Services
THIS AGREEMENT, made and entered into on this )',<t day of j)C(,,~loe,;-2008, by and
between Wilcox Appraisal Services, 1nc" authorized to do business in the State of Florida,
whose business address is 1633 S.E. 41st Street, Cape Coral, Florida 33904-7470, hereinafter
called the "Appraiser" (or "Consultant") and Collier County, a political subdivision of the
State of Florida, Collier County, Naples, hereinafter called the "County":
WITNESSETH:
1. COMMENCEMENT. The Agreement shall commence upon issuance of a Purchase
Order and a Notice to Proceed, In accordance with RFP 08-5067 "Real Estate Appraisal
Services", Appraiser shall provide a written fee proposal to the County for each service,
hereinafter "Work", to be performed under this Agreement. Upon approval by the
Project Manager, a Purchase Order and a Notice to Proceed shall be issued for the
service as specified in the proposal. The Appraiser shall then provide the specified
service to the County. The Agreement shall be for a one (1) year period, effective on the
date the Agreement is approved by the Board of County Commissioners.
The County may, at its discretion and with the consent of the Appraiser, renew the
Agreement under all of the terms and conditions contained in this Agreement for three
(3) additional one (1) year periods. The County shall give the Appraiser written notice
of the County's intention to extend the Agreement term not less than ten (10) days prior
to the end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Appraiser shall provide real estate appraisal services
in accordance with the terms and conditions of RFP #08-5067, Exhibit "A" Scope of
Services, and the Appraiser's proposal referred to herein and made an integral part of
this agreement. This Agreement contains the entire understanding between the parties
and any modifications to this Agreement shall be mutually agreed upon in writing by
the Appraiser and the County project manager or his designee, in compliance with the
County Purchasing Policy and Administrative Procedures in effect at the time such
services are authorized,
3. COMPENSATION: The County shall pay the Appraiser for the performance of this
Agreement upon completion or partial completion of the work tasks as accepted and
approved by the County Project Manager or his designee pursuant to the fees as set
forth in Exhibit "B", included in this agreement, together with the Travel and
Reimbursable Expenses as defined in this agreement. Payments shall be made to the
Page I of IS
16811
Appraiser when requested as services are rendered, but not more frequently than once
per month, on an estimated percentage complete for the Labor and Expenses Fee and at
actual costs for Travel Expenses. Payment will be made upon receipt of a proper invoice
and in compliance with Section 218.70, Fla. Stats" otherwise known as the "Local
Government Prompt Payment Act". Reimbursable expenses shall be invoiced for the
expenditures incurred by the Consultant as follows:
Expenses of transportation and living when traveling in connection with each
Purchase Order, except for local travel within Collier or Lee Counties, as provided in
Section 112.061, F.s., and all Agreement-related mileage for trips that are from/to
destinations outside of Collier or Lee Counties approved in advance by the County,
The time reported by the Appraiser to perform specific work related to litigation is
subject to final approval by the County Attorney, or by an attorney employed by and
representing the County. Appraiser's invoice must contain a description of the service
provided, project and parcel number (or name), and the amount of fee payable. The
Appraiser shall maintain documentation for all fees charged under the terms of this
Agreement for a period of not less than three (3) years from the date of the final
invoice for appraisal services rendered relative to a Property, Fees for the services of
any and all subcontractors and sub consultants employed by Appraiser must be
authorized in advance by County Purchase Order.
Reimbursement rates as provided in Section 112.061, Florida Statutes, currently:
Mileage: $ 44.5 per mile
Breakfast: $ 6.00
Lunch: $11.00
Dinner: $19.00
Airfare: Actual ticket cost of Coach Fare
Rental car: Actual rental cost of midsize or smaller car
Lodging: Actual cost of reasonable lodging at single occupancy rate
Parking: Actual cost of parking
4. COMPLETION/CORRECTION. If a substantially completed written appraisal report
(original) is delivered to the County by the due date, or by a date mutually agreed upon,
but which report fails to comply with the USPAP, or which report contains errors or
omissions from within either the body or the addenda, Appraiser shall, within fourteen
(14) calendar days from the date of notification by the County Project Manager, furnish
such corrected and/ or additional pages which will bring the appraisal report into
compliance with the USP AP and/or correct such errors and omissions (if any). No
penalty for late performance will be charged against the Appraiser within said fourteen
(14) day period. Nor shall Appraiser charge the County any additional fees from
bringing written appraisal reports into compliance with the USP AP, for correcting any
errors, or for providing previously omitted materials.
5. DEDUCTIONS FOR NON-PERFORMANCE. It is acknowledged that time is of the
essence, The County reserves the right to deduct portions of the (monthly) invoiced
amount for items not completed within the expressed time frame. These funds would be
Page 2 of 15
16B11
forfeited by the Appraiser and that the following schedule shall govern the deduction
for late performance:
(a) In the event that the services are not completed and submitted to County in
accordance with the due date as set forth in a County Purchase Order; then County at
its discretion may reduce the fee payable to Appraiser by seven percent (7%) for each
week, or portion thereof, for every week the services are past due; or
(b) In the event that circumstances beyond the control of Appraiser cause completion
of the services to be delayed beyond the due date as set forth in a County Purchase
Order, and prior to said due date there is a mutual understanding between the parties
to this Agreement that such delays were beyond the control of Appraiser, County may
issue an written extension of the due date without penalty deduction. Said extension
shall cite the reason for delay in completion of the appraisal report and shall set a new
due date for submission of the report. Deductions as described above shall apply to
the revised due date.
6. SALES TAX. Appraiser shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work.
7. CONTRACT ADMINISTRATION. The Transportation Right of Way Acquisition
Manager or the Manager's designee (hereinafter referred to as "Contract Manager"),
shall be responsible for ensuring performance under the terms and conditions of this
Agreement.
8, MEETINGS. Appraiser shall meet with the Contract Manager to discuss the Work at a
time(s) and place(s) of meeting(s) which shall be established by mutual agreement of the
parties to this Agreement.
9. CERTIFICATE OF APPRAISAL. In accordance with the Work, all Certificates of
Appraisal shall be signed by R. Alan Wilcox, MAl, SRA. In addition, at the discretion
of Appraiser, one (I) associate appraiser, either working in a contractual relationship or
as an employee of Appraiser, is hereby authorized by County to sign the Certificate of
Appraisal. All persons consulted by Appraiser in the making of appraisals under the
terms of this Agreement must be properly identified in the written appraisal report(s).
10, CONFIDENTIALITY. Subject to the requirements of the Florida Public Records Act,
Chapter 119, Fla. Stat., and the Florida Sunshine Law, Chapter 286, Fla. Stat., Appraiser
shall neither discuss nor divulge the contents of the written appraisal reports relating to
the Property with anyone without the approval of the Contract Manager. Further,
Appraiser shall save harmless the County from all claims or liabilities, including court
costs and attorneys fees, due to Appraiser's activities, or those of Appraiser's agents or
employees, and shall not engage in any business transactions involving any of the
properties appraised under the terms and conditions of this Agreement for a period of
one (1) year from the date of valuation of the latest appraisal, or updated appraisal, of
any of the Property.
Page 3 of 15
16Bl1
11. UNLAWFUL SOLICITATION AND ASSIGNMENT OF AGREEMENT. By the
execution of this Agreement, Appraiser warrants that it has not employed, retained,
paid, or agreed to pay, any company or person, other than a bona fide employee, to
solicit or secure this Agreement contingent upon, or resulting from, the award or
making of this Agreement. Appraiser further warrants that no part of the total of the
fees payable under the terms of this Agreement shall be paid directly or indirectly to
any employee of the County as wages, compensation, or gift in exchange for acting as
officer agent, employee, subcontractor, or consultant to the Appraiser in connection
with any appraisal work performed or contemplated under the terms of this Agreement,
without prior County approval. Appraiser further warrants that there shall be no
transfer or assignment of any part of this Agreement, except by the written approval of
the Contract Manager. For breach or violation of this warranty County shall have the
right to terminate this Agreement immediately without financial obligation, or to
pursue any other available remedies,
12. NOTICES. All notices from the County to the Appraiser shall be deemed duly served if
mailed or faxed to the Appraiser at the following Address:
R. Alan Wilcox, MAl, SRA
Wilcox Appraisal Services, Inc.
1633 S.E. 41st Street
Cape Coral, FL 33904-7470
Phone: 239-542-2311; Fax: 239-542-4995
All Notices from the Appraiser to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attention: Steve Carnell, Purchasing/GS Director
Telephone: 239-252-8371
Facsimile: 239-252-6584
The Appraiser and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
13. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Appraiser or to constitute the Appraiser as
an agent of the County.
Page 4 of 15
16B11
14. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5" all permits
necessary for the prosecution of the Work shall be obtained by the Appraiser. Payment
for all such permits issued by the County shall be processed internally by the County.
All non-County permits necessary for the prosecution of the Work shall be procured
and paid for by the Appraiser, The Appraiser shall also be solely responsible for
payment of any and all taxes levied on the Appraiser. In addition, the Appraiser shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Appraiser agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Appraiser.
15. NO IMPROPER USE. The Appraiser will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Appraiser or
if the County or its authorized representative shall deem any conduct on the part of the
Appraiser to be objectionable or improper, the County shall have the right to suspend
this Agreement. Should the Appraiser fail to correct any such violation, conduct, or
practice to the satisfaction of the County within twenty-four (24) hours after receiving
notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured. The Appraiser further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the
County.
16. TERMINATION. Should the Appraiser be found to have failed to perform his services
in a manner satisfactory to the County as per this Agreement, the County may terminate
said agreement immediately for cause; further the County may terminate this
Agreement for convenience with a thirty (30) day written notice, The County shall be
sole judge of non-performance.
17. NO DISCRIMINATION. The Appraiser agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
18. INSURANCE. The Appraiser shall provide insurance as follows:
A. Commercial General Liabilitv: Coverage shall have minimum limits of $1,000,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
Appraisers; Products and Completed Operations and Contractual Liability,
B. Business Auto Liabilitv: Coverage shall have minimum limits of $500,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability, This shall include: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership.
Page5ofl5
16B11
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $500,000
for each accident.
D. Professional Liabilitv Insurance: Professional Liability Insurance shall be
maintained by the Appraiser to insure its legal liability for claims arising out of the
performance of professional services under this Agreement. Appraiser waives its
right of recovery against OWNER as to any claims under this insurance. Such
insurance shall have limits of not less than $1,000,000 per occurrence.
Special Requirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability
Policy,
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Appraiser during the duration of this Agreement. Renewal
certificates shall be sent to the County thirty (30) days prior to any expiration date,
There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage,
Appraiser shall insure that all sub consultants or subcontractors comply with the
same insurance requirements that he is required to meet. The same Appraiser
shall provide County with certificates of insurance meeting the required insurance
provIsions.
19. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Appraiser
shall indemnify and hold harmless Collier County, its officers and employees from any
and all liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness,
or intentionally wrongful conduct of the Appraiser or anyone employed or utilized by
the Appraiser in the performance of this Agreement. This indemnification obligation
shall not be construed to negate, abridge or reduce any other rights or remedies which
otherwise may be available to an indemnified party or person described in this
paragraph,
This section does not pertain to any incident arising from the sole negligence of Collier
County.
20. CONFLICT OF INTEREST: Appraiser represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Appraiser further represents that
no persons having any such interest shall be employed to perform those services.
Page 6 of 15
16811
21. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the
attached component parts, all of which are as fully a part of the Agreement as if herein
set out verbatim: Appraiser's Proposal, Insurance Certificate, RFP #08-5067 Scope of
Services and two (2) Addenda,
22. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
23. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative
Procedure 5311, Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, firm, and/ or any employee of the firm
from contact with County staff for a specified period of time; b. Prohibition by the
individual and/ or firm from doing business with the County for a specified period of
time, including but not limited to: submitting bids, RFP, and/or quotes; and, c.
immediate termination of any contract held by the individual and/ or firm for cause.
24. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement,
the Appraiser is formally acknowledging without exception or stipulation that it is fully
responsible for complying with the provisions of the Immigration Reform and Control
Act of 1986 as located at 8 U.s.e. 1324, et seq. and regulations relating thereto, as either
may be amended. Failure by the Appraiser to comply with the laws referenced herein
shall constitute a breach of this agreement and the County shall have the discretion to
unilaterally terminate this agreement immediately.
25. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
26. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant Agreement to other governmental entities at
the discretion of the successful proposer.
27. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
28. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to
this Agreement upon satisfactory negotiation of price by the Contract Manager and
Appraiser.
Page 7 of 15
16911
29, DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be
attended by representatives of Appraiser with full decision-making authority and by
County's staff person who would make the presentation of any settlement reached
during negotiations to County for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed-upon Circuit Court Mediator certified by the State of Florida, The mediation
shall be attended by representatives of Appraiser with full decision-making authority
and by County's staff person who would make the presentation of any settlement
reached at mediation to County's board for approval. Should either party fail to submit
to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44,102, Fla, Stat,
Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal
or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
30. KEY PERSONNEUPROTECT STAFFING: The Appraiser's personnel and management
to be utilized for this project shall be knowledgeable in their areas of expertise, The
County reserves the right to perform investigations as may be deemed necessary to
insure that competent persons will be utilized in the performance of the Agreement.
Selected firm shall assign as many people as necessary to complete the Work on a timely
basis, and each person assigned shall be available for an amount of time adequate to
meet the dates set forth in the Purchase Order. Firm shall not change Key Personnel
unless the following conditions are met: (1) Proposed replacements have substantially
the same or better qualifications and/ or experience. (2) That the County is notified in
writing as far in advance as possible. Firm shall make commercially reasonable efforts to
notify Collier County within seven (7) days of the change, The County retains final
approval of proposed replacement personnel.
Page 8 of 15
16811
IN WITNESS WHEREOF, the Appraiser and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
ATTEST:
DWigh<';;;~di,F
;;:--- .
BY' . ,. ...... " .
D~~i~j -.
.i~1OC\l" ,./,'
to ~j -:: \ _,,-
BOARD OF COUNTY COMMISSIONERS
COLLIER CO NTY, FL RIDA
B'
APPRAISER
Wilcox Appraisal Services, Inc.
(jJ~(l.Uic7-
First Witness
-""7 Id (\. ,
By: ,,--. ~- \. )0 ~r
Signature
PAl RIC'.IA
tType j print
A, Wi (CD/-
et
~
-",.~lAN \...':"\LtJ.:,)( \f~~">li)t.~\;':::;A)jN".L
Typed signature and title
1'-41 c.......f::...,-_L--
CoJ-~.::.S1
tTypejprint witness namet
Approved as to form and
legal sufficiency:
(~~
Assistant County Attorney
Colleen &YUrL-L
Print Name
Page 9 of 15
16811
EXHIBIT A
Scope of Services
COLLIER COUNTY SUPPLEMENTAL APPRAISAL STANDARDS
(A Supplement to the Uniform Standards of Professional Appraisal Practice)
The following standards governing the preparation of written appraisal reports for Collier
County, Florida, are intended to clarify the expectations for the content of each and every
written appraisal report (whether Self-Contained or Summary) prepared for the Board of
County Commissioners and / or the various Divisions and Departments under the County
Manager. Where there may seem to be a conflict between these standards and the scope of
any assignment undertaken for the County, the appraiser should consult with the Right-of-
Way Design and Valuation Coordinator, Real Property Management Department, for further
clarification. Each appraiser and appraisal firm qualified to provide appraisal services for the
Board of County Commissioners of Collier County, Florida, is responsible for obtaining and
maintaining a current copy of the Uniform Standards of Professional Appraisal Practice
(USP AP).
DATE OF VALUE
Unless a retrospective appraisal with a previous date of value was specifically ordered by
Collier County, or unless the Appraiser has been specifically instructed otherwise (as for a
date-of-deposit appraisal), the date of value of the appraisal, being the Appraiser's last
inspection of the subject property, shall be within two (2) weeks of the date of submission of
the draft appraisal report to the Right-of-Way Design and Valuation Coordinator.
STRUCTURES
Where all or a portion of a structure is located on the real estate being acquired by County,
Appraiser shall include the following information in the narrative description of the
property: [a] a statement as to the character (residential or business) of the structure's
occupant(s); [b] the name(s) of the occupant(s); and [c] a statement as to the legal status of
the occupant (tenant with or without lease, owner-occupant, etc.)
SALES LOCA nON MAPS
Each written appraisal report shall contain at least one map upon which shall be plotted all of
the comparable sales analyzed during the development of the appraisal. If the comparable
sales cover such an extensive geographic area that a one page map would be illegible, then
more than one map is encouraged, each at a scale which is legible to the reader, i.e" where
common streets, rivers, canals, city blocks, etc. are recognizable.
REPORT JACKETS
All appraisal reports (originals and copies) must be bound with front and rear covers made
of plastic, heavy card stock.
Page 10 of 15
16811
SALES DATA SHEETS
Sales Data Sheets must be accompanied by a location map which clearly shows the
comparable sale property in relation to its neighborhood (which map may appear on the
same page as the sales data). The following information must be readily apparent from a
review of the map and/ or the written information provided:
o Date of sale and recording data - Grantor / Grantee and type of conveyance
instrument. If the sale property is located in a County besides Collier, a copy of the deed of
transfer must be provided as well,
o Location and legal description (a copy of the deed of transfer may be included with
the sales data sheet precluding the need to reprint the property's legal description).
o Parcel size, access and road frontage (if applicable).
o Present use and description of improvements (if any).
o Zoning,
o Existing and available utilities.
o Sale price, financing, cash equivalent price, and unit price.
o Verification data: parties to the transaction, comments on the motivation of the
parties, comments as to how the parties allocated value among the land and various
improvements (if available).
o Appraiser's comments,
SALES GRIDS
Each appraisal report shall contain a table of the sales most relied upon by the appraiser in
reaching a final value reconciliation, This table (a/k/ a "sales grid") is an effective
communication tool, and is of great value to all but the most casual reader of the appraisal
report, The sales grid must identify each sale by number or name, include the date of the
sale, the size of the sale property, zoning, purchase price, unit price (and where appropriate,
the price per dwelling unit), and a column or row for each item of comparison for which
adjustments were made by the appraiser, The sales grid must also contain a column or row
to show the subject's attributes in comparison with the most-relied-upon sales.
ADJUSTMENTS TO COMPARABLE SALES
In addition to Self-Contained appraisal reports, Summary appraisal reports prepared for the
County shall contain a detailed narrative explaining the adjustments made to the comparable
sales including the appraiser's reasoning and the data which forms the basis for the extent of
each adjustment.
Page 1 1 of 15
16811
PARENT TRACT
After application of the three common tests to determine the parent tract for the subject
property (contiguity, unity of use, and unity of ownership), the Appraiser must include a
sketch of the whole property in the appraisal report; and, in the case of a partial taking, must
show on the sketch the part being acquired by the County. Unless Collier County provides
the Appraiser with a parent tract determination and an area calculation for the parent tract, it
is the responsibility of the Appraiser to calculate the area of the parent tract.
PARTIAL TAKINGS
Areas (in general) - While the area of the part being acquired will be provided by the County,
it is the responsibility of the Appraiser to calculate the area of the remainder tract.
Areas (easements) - Remainder areas should be the same after the taking of easements as the
area of the parent tract prior to the taking. The value after the taking should reflect that a
portion of the parent tract is encumbered by the easement taken by the County.
Cost-to-Cure Severance Damages - There must be damage to the remainder real estate before
a cure can be applied. Damages must be supported with market data and specified in dollar
terms, Without this supporting documentation, Collier County cannot be assured that the
cost of the cure will be less than the damages to which the property owner would otherwise
be entitled.
If the cure chosen by the appraiser includes a payment to the property owner to re-establish,
construct, or install a feature upon the remainder, for which the property owner has been
compensated in the value of the part taken, then the compensation for the taken feature shall
be deducted from the total compensation due the property owner. For example: if
compensation includes the depreciated replacement cost of fencing located within the take
area, and the proposed "cure" includes the installation of fencing upon the remainder, the
purpose of which is essentially to replace that fencing taken by the County, the depreciated
replacement cost of the fencing being taken, for which the property owner has already been
compensated, must be deducted from the total compensation due the property owner.
In addition, if the cure involves the relocation of amenities or parking (or anything else that
takes up useable space) onto the remainder property, the appraisal must address
compensation for the loss of that area occupied by the relocated feature.
As a matter of general policy, in order to avoid disputes over the quality of relocation work
performed by the County or its contractors, Collier County will seek to limit its liability by
paying the depreciated replacement cost for everything within the take area, and/ or by
paying the owner to relocate certain improvements onto the remainder at a location of their
choosing, Generally, it is better for the County to purchase anything within the take area,
rather than taking it in good faith that a property owner will relocate an improvement from
the right-of-way by that point in time that the right-of-way should be clear and ready for
construction.
Pagel2of15
16811
Land and Affected Improvements Only on Improved Parcels - If it is the Appraiser's
judgment that the primary improvements located upon the remainder property are
unaffected by the taking, and after consideration of the possibility of any damages accruing
to the remainder property, the Appraiser may elect to prepare a before and after estimate of
the value of the land only. Such before and after values must be clearly labeled in the
appraisal report; and such an appraisal report must contain an explanation and brief
discussion of the factors considered in electing not to appraise the value of the property as
improved in both the before and after situations.
Signs - Should a trade sign or income producing sign be discovered within the taking area,
the Appraiser should consult with the County for specific instructions on valuation and/ or
compensation regarding the signage. When preparing an appraisal report for condemnation,
the appraiser should include the depreciated replacement cost of the signage in the total
estimate of compensation due the property owner. A cost to cure the damage resulting from
the absence of the sign is then applied in order to make the property owner "whole."
Special Benefits - The Appraiser should consult with the County prior to assigning special
benefits to a remainder property.
Rounding - All numbers below $1,000 will be rounded to the nearest $50 increment. All
numbers above $1,000 and below $100,000 will be rounded to the nearest $100 increment.
Everything over $100,000 will be rounded to the nearest $1,000 increment.
DATA BOOKS
GENERAL NOTE: For multiple appraisal assignments a Data Book may be required in
accordance with the terms of the Appraisal Agreement between the Appraiser and Collier
County, Florida. Should the County desire that a data book be prepared for an appraisal
project, such will be stipulated in the bid solicitation generated by County staff, and it shall
be made a specific condition in the Appraisal Agreement between the Appraiser and Collier
County, Absent any such stipulation, a data book will not be required.
All of the sales sheets as well as the narrative discussion of the appraiser's market
observations and adjustments should be on 8 1/2" x 11" paper bound by a three ring binder
to accommodate the easy insertion of new sales sheets into the data book. A cover page
identifying the project for which the data book is prepared, the name of the appraiser, and
the date of its compilation, should be followed by a Table of Contents which must identify
the major sections into which the data book is divided, The data book must contain the
following:
1. Regional and neighborhood description and analysis. This information may be
omitted from each individual appraisal report as long as the written report directs the
reader's attention to the fact that this information is presented in the data book.
2. A "Sales Map" or "Location Map" showing the location of each comparable sale
property for which a Sales Data Sheet is contained in the Data Book. Such maps must be of a
scale, and produced with clarity, such that the location of each comparable sale property is
Pagel3of15
16RII
discernible by the reader. Any Listings employed by the appraiser must also be shown on
the maps.
Separate tabbed sections for: (1) vacant land Sales Data Sheets, subdivided into groupings
based upon highest and best use, with listings grouped together within each sub-group; (2)
improved property Sales Data Sheets, subdivided into separate groups based upon present
use, with listings grouped together within each sub-group; (3) market adjustment studies; (4)
income, expense and capitalization rate studies; (5) regional analysis (unless the terms of the
agreement between Collier County and the Appraiser specifically exclude regional analysis
from the scope of the assignment(s); (6) neighborhood analysis; (7) applicable excerpts from
zoning regulations or such other reference materials upon which the Appraiser has
specifically relied in developing the appraisals; and (8) any special studies and! or
comparative analyses made during the development of the appraisals, and! or which were
already in existence and upon which the Appraiser relied during the development of the
appraisals.
Page 14 of 15
16B11
EXHIBIT B
RATE SCHEDULE
Personnel Category
Appraiser
Staff Appraiser
Technical Assistance/Clerical
Researcher
Expert Witness
Rate per hour
$150.00
$125.00
$ 60.00
$ 85.00
$200.00
This list is not intended to be all inclusive. Hourly rate fees for other categories of
professional, support and other services shall be mutually negotiated by the County and firm
on a project by project basis as needed
Page 15 of 15
CERTIFICATE OF INSURANCE
16B11
12';1 STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois
D STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois
D STATE FARM FIRE AND CASUALTY COMPANY, Aurora, Ontario
D STATE FARM FLORIDA INSURANCE COMPANY, Winler Haven, Florida
D STATE FARM LLOYDS, Dallas, Texas
insures the following policyholder for the coverages indicated below;
, P I' h Id WILCOX APPRAISAL SERVICE INC
o Icy 0 ef
s..........
A
This certifies that
'..n....."'.
, Address of policyholder 1633 SE 41st St, Cape Coral, FL
I Location of operations 1633 SE 41 >or; St, Cape Coral r FL
: Description of operations Appraisal services
i The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is subject
: to all the terms, exdusions, and conditions of lhose policies. The limits of liability shown may have been reduced by any paid claims.
I
POLICY PERIOD LIMITS OF LIABILITY
POLICY NUMBER TYPE OF INSURANCE Effective Date : Expiration Date (at beginning of policy period)
Comprehensive : BODILY INJURY AND
59-PE-2090-9 B Business Liability 11/15/2008 11/15/2009 PROPERTY DAMAGE
------------ 1Si PrOd~Cts ~ Completed OperationS H_____ .. -. -.-.._-_.- ...
This insurance includes:
12';1 Contractual Liability Each Occurrence $1,000,000
12';1 Personal Injury
12';1 Advertising InjUry General Aggregate $ 2,000,000
D
D Products - Completed $2,000,000
D Operations Aggregate
POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE
EXCESS LIABILITY Effective Date : Expiration Date (Combined Single Limil)
D Umbrella Each Occurrence $
D Other Aggregate $
POLICY PERIOD Part I - Workers Compensation - Stalutory
Effective Date : Expiration Date
Workers' Compensation Part II - Employers Liability
and Employers Liability Each Accident $
Disease - Each Employee $
Disease - Policy Limit $
POLICY PERIOD LIMITS OF LIABILITY
POLICY NUMBER TYPE OF INSURANCE Effective Date Expiration Date lat beginning of policy period)
:
.-
THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY
AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIElED HEREIN.
Name and Address of Certificate Holder
If any of the described policies are canceled betor€:
their expiration date, State Farm will try to mail a
written notice to the certificate holder days belore
cancellation. If however, we fail to mail such notice,
no oblIgation or habllity Will be Imposed on State Fall11
or Its~nt~ or represen lyes
-]ll ~J
s~a-rure of AuthorIZed e resentatlve
Aqer:~_. _.__~~__~_
Title
Michael Sullivan
Agent Name
Telephone Number 239-574-4070
m~~~t s~~~~:~~------~--~-
12/9/2008
Date
Certificate holder is additional insured as regards to
Commercial General Liability.
COLLIER COUNTY BOARD OF
COUNTY COMM"SSIONERS
3301 TAMIAMI TRL E
NAPLES FL 34112-3969
558-994 3.6 Printed in USA Rev. 05-.09-2006
16B11
ACORD I CERTIFICATE OF INSURANCE I ISSUE DATE (MMIDDIYY)
12/2/08
PRODUCER
PROFESSIONAL LIABILITY SERVICES THIS IS TO CERTIFY AS A MATTER OF INFORMATION ONLY AND CONFERS NO
1250 S, HIGHWAY 17-92 RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT
AMEND, EXTEND OR ALTER TilE COYERAGE AFFORDED BY TilE POLICIES
LAKE CENTER SUITE 110 BELOW.
LONGWOOD, FL 32750 COMPANIES AFFORDING COVERAGE
INSURED COMPANY A C.N.A. INSURANCE COMPANY
LEITER
COMPANY B
WILCOX APPRAISAL SERVICES, INC, LETTER
1633 SE 41" STREET COMPANY c
LETTER
CAPE CORAL, FL 33904 COMPANY D
UITrER
COMPANY E
LETTER
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF rNSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE
POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDIT'ON 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 TERMS, EXCLUSIONS, AND CONDlTfONS OF SUCH POLICIES, LlMlTS SHOWN MAY HAVE BEEN REPRODUCED BY
-P1\if}--ph\-lMS:;:::_ . . --.---. . --.- -
co TYPBOPINSURANCE POLICYKUMIIER POl.ICY~~DATf! ~~~~~~N LIMITS
'"
ornl!llALLlABlUTY
- Gf:NBRAL AGGREGATE ,
- tJMMf!RCIALGENI!RALUABlllTY pRQOUCfS.OOMPIOI'.AOO. ,
- ClAlMSMAUE D OCCUR. I'ER.!lONAL Ii. AOV. INJURY ,
- OWNI'.R.'S '" aJNTRAcroRS pROT I'.ACHOCCURREHCE! ,
fiRE DAMAGE! (I\flyooe fire) S
Ml!O_I!XPENS1!{""u""Q~....n S
~UTOMOBJL1! UASIUTY COMB1~D SINOLl! S
ANYAlffO UMlf
-
- AlLOWNI!DAlJTOS 1I0DlLYINJIJlI.Y S
(ptrpGtSal)
~ SCIiEOUlEDAIlfOS
- H1RflOAlffOS BODlLYlNJUIlY ,
(PerttCldCOl)
- NON.Q\VNEDAUTOS
PROPERTY DAMAO!! ,
DARADE UABJlITY
EXC!!SSLIABllITY EAClIOCCURlU!NCIi S
=j ,"".m.."""" AGOREGATH
,
OTHER THAN UMBRelLA fORM
I SlA1UTOR.Yl.lM1TS
WOnI!R'500MI'[HS,UJON
"'" EAClIACCIOENT ,
EM1'LOYI!I!'SLlAlllLll'Y DISEASE-I'OUC't'LlMlT ,
DlSIIAS&.EACH l!MPLOYl!E ,
OTKBR $1,000,000 /
PROFESSIONAL
A LIABILITY RNP 28762136708 05/05/08 05/05/09 $1,000,000 $2,500
INSURANCE
OESCRwnON Of OPERA nONSllOCATIONSNl!ltlCLESlSPBCIAl JTEMS
CERTifiCATE HOLDER CANCI!.LLATION
COLLIER COUNTY BOARD OF SHOULD ANY OF THli ABOVE DBSCRIBED POLlCII!.S BE CANCELLED BEFORE THF. EXPIRATION DATE
THEREOF, THE ISSUING COMPANY WILL BNDEAVOR TO MAIL30 __ DAYS WRITI6N NOTICE TO THE
COMMISSIONERS CERTIFICATE HOLDER NAMED TO THB LEFT, BUT P~; TO MAIL SUCH NOTICE SHALL IMPOSE NO
330IE.T~~ITRL OBLIGATION OR LlABI~OF ANY KfND UPON THE C ~NV, ITS AGENTS OR REPRESENTATIVES.
NAPLES, FL 341] 2 AUTHORlZl!DPJi,P~Nf:'rvE ~..,... t/t/
... "?~
ACCORD 2~.S 7/rxJ o ACORD CORPORATION 1990
16Bl1
Wilcox Appraisal Services, Inc.
.11111111111.
Appraisal
Institute'"
Transmitted Via Email dianadeteon@colliergov.net
Pryuri>8[rJn(jI" I'rul'idin{.f
Rml EstflleSuJuliulls
December 4, 2008
Wilcox Appraisal Services, Inc. is
committed to the highest degree of
professionalism with all of our
appraisers being designated members
of the Appra;sallnstitute.
Diana Deleon
Collier County Government
Contract Administration
Purchasing Department
3301 E. Tamiami Trail
Naples, FL34112
Re: Agreement #08-5067 "Real Estate Appraisal Services"
Workers' Compensation Coverage
Dear Ms. Deleon:
Please note that Wilcox Appraisal Services, Inc. has only two employees (husband and wife), is
not involved in the construction industry, and is therefore, not required by the State of Florida to
have Workers' Compensation coverage,
If you have any questions concerning this correspondence or if any additional information is
needed, please contact me at your earliest convenience.
Respectfully submitted,
WILCOX APPRAISAL SERVICES, INC.
<.~u)~
R. Alan Wilcox, MAl, SRA
State-Certified General Real Estate Appraiser
RZ 306
1633 S.E. 4151 Street. Cape Coral. Florida 33904~7470
239-542-2311 . Fax 239-542-4995 . Email awilcoxmaisra@comcast.net
"..........
&
CERTIFICATE OF INSURANCE
16811
INSU."NC';,
SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE
CANCELED OR OTHERWISE TERMINATED WITHOUT GNlNG 10 DAYS PRIOR WRITTEN NOTICE TO THE
CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM
THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY
ANY POLICY DESCRIBED BELOW.
This certifies that: f8J STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois
o STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois
o STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas
o STATE FARM INDEMNITY COMPANY of Bloomington, Illinois, or
o STATE FARM GUARANTY INSURANCE COMPANY of Bloomington, Illinois
has coverage in force for the following Named Insured as shown beiow:
-.-
NAMED INSURED: WILCOX, ROBERT & PATRICIA
1633 SE 41ST ST
ADDRESS OF NAMED INSURED: CAPE CORAL FL 33904-7470
POLICY NUMBER 342 9917-A12-591
EFFECTIVE DATE
OF POLICY 07-12-08 09
--~-_. ..--
DESCRIPTION OF 03 HONDA PILOT
VEHICLE (Including VIN) 2HKYF18513H593723
LIABILITY COVERAGE f8J YES DNO DYES DNO DYES DNO DYES DNO
--
LIMITS OF LIABILITY
a. Bodily Injury
Each Person 500,000
Each Accident 500,000
b, Property Damage
Each Accident 500,000
c. Bodily Injury &
Property Damage
Single Limit
Each Accident
PHYSICAL DAMAGE f8J YES DNO DYES DNO DYES DNO DYES DNO
COVERAGES
a. Comprehensive $ 100 Deductible $ Deductible $ Deductible $ Deductible
f8J YES DNO DYES DNO DYES DNO DYES DNO
b. Collision $ 250 Deductible $ Deductible $ Deductible $ Dedu~~
--
EMPLOYERSNON~NED DYES f8J NO DYES DNO DYES DNO DYES DNO
CAR LIABILITY COVERAGE
HIRED CAR LIABILITY DYES f8J NO DYES DNO DYES DNO DYES DNO
COVERAGE _.-
FLEET - COVERAGE FOR
ALL CMlNEDAND LICENSED DYES f8J NO DYES DNO DYES DNO DYES DNO
MOTOR VEHICLES .---
~i{At'uJ ;;;,d~/EJ
Signature of uthoriZed Representative
Name and Address of Certificate Holder
COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS
3301 TAMIAMI TRL E
NAPLES FL 34112-3969
Agent 59-6811
Title Agent's Code Number
Name and Address of Acen!
Michael Sullivan State Farm
2517 Santa Barbara Blvd., Unit *5
Cape Coral, FL 33914
Phone# (239) 574-4070
Fax* (239: 574-81.'3
12/3/08
Date
INiERNAL STATE FARM USE ONLY: [8] Request permanent Certificate of Insurance for liability coverage.
16B11
MEMORANDUM
Date:
December 24, 2008
To:
Rhonda Cummings, Contract Specialist
Purchasing Department
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Contract No.: 08-5067
"Real Estate Appraisal Service"
Contractor: Retech
Enclosed please find one (1) original contract, as referenced above,
(Agenda Item #16B11), approved by the Board of County
Commissioners on Tuesday, December 2, 2008.
An original is being kept in the Minutes and Records Department as part
of the Board's permanent records.
If you should have any questions, please contact me at 252-7240.
Thank you.
Enclosures
16811
MEMORANDUM
TO:
Ray Carter
Risk Management Department
r
\.. .\
I \J .
.il )\~, l,C4UjM4'\<
. C:
FROM:
Rhonda Cummings, FCCN, CPPB, Contract Specialist
Purchasing Department
DATE:
December 10, 2008
RE: Review of Insurance for Contract: #08-5067 "Real Estate
Appraisal Service"
Appraisers:
American Acquisition Group
Anderson & Carr
Appraisal Group of Central Florida
Boyd, Schmidt and Brannum
Callaway & Price
Kenneth C. Evans
Kenneth R. Devos
Integra Realty Resources
Real Estate Appraisal and Litigation
.; Retech
Wilcox Appraisal Services
This Contract was approved by the BCC on December 2, 2008; Agenda Item
16.B.11
Please review the Insurance Certificates for the above-referenced contract
and forward to the County Attorney's Office for further signature routing.
Thank you. If you have any questions, please contact me at extension 8941.
C: Harry Henderson, TECM/ROW
DATE RECt! VieD
DEe 11 200e
RISK MANAGEMENl
^pft't~f {. I ..
!y,lv, 1,/
Il ( I;/t: f..
dod/RC
16B11 (1)
" "', 't: I Jf \r\C DATE RECEIVED:
urnv :rT:-\(.)t\\f'~
COUN1'1' {,\ \' ,,','
Pl4t Z: 4'
)li11 CEe \ '5
,
CD
ITEM Nt9i'VR-=-~~j
FILE NO,:
REQUEST FOR LEGAL SERVICES
bP)
ROUTED TO:
DO NOT WRITE ABOVE THIS LINE
Date:
December 10, 2008
\~,~
yvJ-
"",,'
;-'-'
To:
Office of the County Attorney
Attention: Jeff Klatzkow
From: Rhonda Cummings, CPPB, Contract Specialist
Purchasing Department, Extension 8941
--J
Re:
Contract: #08-5067 "Real Estate Appraisal Service"
-'J
r,)
Appraisers:
American Acquisition Group
Anderson & Carr
Appraisal Group of Central Florida
Boyd, Schmidt and Brannum
Callaway & Price
Kenneth C, Evans
Kenneth R Devos
Integra Realty Resources
Real Estate Appraisal and Litigation
.; Retech
Wilcox Appraisal Services
,"
c.) :~<:
-'
/
1a.-ll~D~
CJ0b
__,~JS _:aD_~_
BACKGROUND OF REQUEST:
This contract was approved by the BCC on December 2, 2008;
Agenda Item 16,8.11
\ '2.\\, \o"\:. c'\o",,,,,~ ,,\,e.Ar
~~C .' ~"-G\0.\..<;,\
~~=-c"-..p_6. -
W,\'- \~"'- \r<<:O"'\e..Y'\"'-~ w\,-~
C.D', ,-e_c~,,~.
~c:.C.\0<':..'S'':,<'')\- ~v,se.~ \c "\\<'..\::..
Jeff, this is a standard contract with no changes. Please forward to "'''\: ce, "\'~
BCC for signature after approval. If there are any questions concerning the cr
document, please contact me. Purchasing would appreciate notification when
the documents exit your office. Thank you.
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
16B11
A G R E E MEN T 08-5067
for
Real Estate Appraisal Services
"'''''\i)
THIS AGREEMENT, made and entered into on this ~ day of f( ,.....6......-- , 2008, by and
between ReTech, Inc., authorized to do business in the State of Florida, whose business
address is 6221 Iroquois Court, Odessa, Florida 33556, hereinafter called the "Appraiser" (or
"Consultant") and Collier County, a political subdivision of the State of Florida, Collier
County, Naples, hereinafter called the "County":
WITNESSETH:
1. COMMENCEMENT. The Agreement shall commence upon issuance of a Purchase
Order and a Notice to Proceed. In accordance with RFP 08-5067 "Real Estate Appraisal
Services", Appraiser shall provide a written fee proposal to the County for each service,
hereinafter "Work", to be performed under this Agreement. Upon approval by the
Project Manager, a Purchase Order and a Notice to Proceed shall be issued for the
service as specified in the proposaL The Appraiser shall then provide the specified
service to the County. The Agreement shall be for a one (1) year period, effective on the
date the Agreement is approved by the Board of County Commissioners.
The County may, at its discretion and with the consent of the Appraiser, renew the
Agreement under all of the terms and conditions contained in this Agreement for three
(3) additional one (1) year periods. The County shall give the Appraiser written notice
of the County's intention to extend the Agreement term not less than ten (10) days prior
to the end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Appraiser shall provide real estate appraisal services
in accordance with the terms and conditions of RFP #08-5067, Exhibit "A" Scope of
Services, and the Appraiser's proposal referred to herein and made an integral part of
this agreement. This Agreement contains the entire understanding between the parties
and any modifications to this Agreement shall be mutually agreed upon in writing by
the Appraiser and the County project manager or his designee, in compliance with the
County Purchasing Policy and Administrative Procedures in effect at the time such
services are authorized.
3. COMPENSATION: The County shall pay the Appraiser for the performance of this
Agreement upon completion or partial completion of the work tasks as accepted and
approved by the County Project Manager or his designee pursuant to the fees as set
forth in Exhibit "B", included in this agreement, together with the Travel and
Reimbursable Expenses as defined in this agreement. Payments shall be made to the
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Appraiser when requested as services are rendered, but not more frequently than once
per month, on an estimated percentage complete for the Labor and Expenses Fee and at.
actual costs for Travel Expenses. Payment will be made upon receipt of a proper invoice
and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local
Government Prompt Payment Act". Reimbursable expenses shall be invoiced for the
expenditures incurred by the Consultant as follows:
Expenses of transportation and living when traveling in connection with each
Purchase Order, except for local travel within Collier or Lee Counties, as provided in
Section 112.061, F.5., and all Agreement-related mileage for trips that are from/to
destinations outside of Collier or Lee Counties approved in advance by the County.
The time reported by the Appraiser to perform specific work related to litigation is
subject to final approval by the County Attorney, or by an attorney employed by and
representing the County. Appraiser's invoice must contain a description of the service
provided, project and parcel number (or name), and the amount of fee payable. The
Appraiser shall maintain documentation for all fees charged under the terms of this
Agreement for a period of not less than three (3) years from the date of the final
invoice for appraisal services rendered relative to a Property. Fees for the services of
any and all subcontractors and sub consultants employed by Appraiser must be
authorized in advance by County Purchase Order.
Reimbursement rates as provided in Section 112.061, Florida Statutes, currently:
Mileage: $ 44.5 per mile
Breakfast: $ 6.00
Lunch: $11.00
Dinner: $19.00
Airfare: Actual ticket cost of Coach Fare
Rental car: Actual rental cost of midsize or smaller car
Lodging: Actual cost of reasonable lodging at single occupancy rate
Parking: Actual cost of parking
4. COMPLETION/CORRECTION. If a substantially completed written appraisal report
(original) is delivered to the County by the due date, or by a date mutually agreed upon,
but which report fails to comply with the USP AP, or which report contains errors or
omissions from within either the body or the addenda, Appraiser shall, within fourteen
(14) calendar days from the date of notification by the County Project Manager, furnish
such corrected and/ or additional pages which will bring the appraisal report into
compliance with the USP AP and/or correct such errors and omissions (if any). No
penalty for late performance will be charged against the Appraiser within said fourteen
(14) day period. Nor shall Appraiser charge the County any additional fees from
bringing written appraisal reports into compliance with the USP AP, for correcting any
errors, or for providing previously omitted materials.
5. DEDUCTIONS FOR NON-PERFORMANCE. It is acknowledged that time is of the
essence. The County reserves the right to deduct portions of the (monthly) invoiced
amount for items not completed within the expressed time frame. These funds would be
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forfeited by the Appraiser and that the following schedule shall govern the deduction
for late performance:
(a) In the event that the services are not completed and submitted to County in
accordance with the due date as set forth in a County Purchase Order; then County at
its discretion may reduce the fee payable to Appraiser by seven percent (7%) for each
week, or portion thereof, for every week the services are past due; or
(b) In the event that circumstances beyond the control of Appraiser cause completion
of the services to be delayed beyond the due date as set forth in a County Purchase
Order, and prior to said due date there is a mutual understanding between the parties
to this Agreement that such delays were beyond the control of Appraiser, County may
issue an written extension of the due date without penalty deduction. Said extension
shall cite the reason for delay in completion of the appraisal report and shall set a new
due date for submission of the report. Deductions as described above shall apply to
the revised due date.
6. SALES TAX. Appraiser shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work.
7. CONTRACT ADMINISTRATION. The Transportation Right of Way Acquisition
Manager or the Manager's designee (hereinafter referred to as "Contract Manager"),
shall be responsible for ensuring performance under the terms and conditions of this
Agreement.
8. MEETINGS. Appraiser shall meet with the Contract Manager to discuss the Work at a
time(s) and place(s) of meeting(s) which shall be established by mutual agreement of the
parties to this Agreement.
9. CERTIFICATE OF APPRAISAL. In accordance with the Work, all Certificates of
Appraisal shall be signed by Ron Tegenkamp, MAL In addition, at the discretion of
Appraiser, one (1) associate appraiser, either working in a contractual relationship or as
an employee of Appraiser, is hereby authorized by County to sign the Certificate of
Appraisal. All persons consulted by Appraiser in the making of appraisals under the
terms of this Agreement must be properly identified in the written appraisal report(s).
10. CONFIDENTIALITY. Subject to the requirements of the Florida Public Records Act,
Chapter 119, Fla. Stat., and the Florida Sunshine Law, Chapter 286, Fla. Stat., Appraiser
shall neither discuss nor divulge the contents of the written appraisal reports relating to
the Property with anyone without the approval of the Contract Manager. Further,
Appraiser shall save harmless the County from all claims or liabilities, including court
costs and attorneys fees, due to Appraiser's activities, or those of Appraiser's agents or
employees, and shall not engage in any business transactions involving any of the
properties appraised under the terms and conditions of this Agreement for a period of
one (1) year from the date of valuation of the latest appraisal, or updated appraisal, of
any of the Property.
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11. UNLAWFUL SOLICITATION AND ASSIGNMENT OF AGREEMENT. By the
execution of this Agreement, Appraiser warrants that it has not employed, retained,
paid, or agreed to pay, any company or person, other than a bona fide employee, to
solicit or secure this Agreement contingent upon, or resulting from, the award or
making of this Agreement. Appraiser further warrants that no part of the total of the
fees payable under the terms of this Agreement shall be paid directly or indirectly to
any employee of the County as wages, compensation, or gift in exchange for acting as
officer agent, employee, subcontractor, or consultant to the Appraiser in connection
with any appraisal work performed or contemplated under the terms of this Agreement,
without prior County approval. Appraiser further warrants that there shall be no
transfer or assignment of any part of this Agreement, except by the written approval of
the Contract Manager. For breach or violation of this warranty County shall have the
right to terminate this Agreement inunediately without financial obligation, or to
pursue any other available remedies.
12. NOTICES. All notices from the County to the Appraiser shall be deemed duly served if
mailed or faxed to the Appraiser at the following Address:
Ron Tegenkamp, MAl, President
ReTech, Inc.
6221 Iroquois Court
Odessa, FL 33556
Phone: 813-920-2345; Fax: 813-920-2345
All Notices from the Appraiser to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attention: Steve Carnell, PurchasingjGS Director
Telephone: 239-252-8371
Facsimile: 239-252-6584
The Appraiser and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
13. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Appraiser or to constitute the Appraiser as
an agent of the County.
Page 4 afl5
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14. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits
necessary for the prosecution of the Work shall be obtained by the Appraiser. Payment
for all such permits issued by the County shall be processed internally by the County.
All non-County permits necessary for the prosecution of the Work shall be procured
and paid for by the Appraiser. The Appraiser shall also be solely responsible for
payment of any and all taxes levied on the Appraiser. In addition, the Appraiser shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Appraiser agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Appraiser.
15. NO IMPROPER USE. The Appraiser will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Appraiser or
if the County or its authorized representative shall deem any conduct on the part of the
Appraiser to be objectionable or improper, the County shall have the right to suspend
this Agreement. Should the Appraiser fail to correct any such violation, conduct, or
practice to the satisfaction of the County within twenty-four (24) hours after receiving
notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured. The Appraiser further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the
County.
16. TERMINATION. Should the Appraiser be found to have failed to perform his services
in a manner satisfactory to the County as per this Agreement, the County may terminate
said agreement immediately for cause; further the County may terminate this
Agreement for convenience with a thirty (30) day written notice. The County shall be
sole judge of non-performance.
17. NO DISCRIMINATION. The Appraiser agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
18. INSURANCE. The Appraiser shall provide insurance as follows:
A. Commercial General Liabilitv: Coverage shall have minimum limits of $1,000,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
Appraisers; Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership.
Page 5 of IS
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C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $500,000
for each accident.
D. Professional Liability Insurance: Professional Liability Insurance shall be
maintained by the Appraiser to insure its legal liability for claims arising out of the
performance of professional services under this Agreement. Appraiser waives its
right of recovery against OWNER as to any claims under this insurance. Such
insurance shall have limits of not less than $1,000,000 per occurrence.
Special Requirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Appraiser during the duration of this Agreement. Renewal
certificates shall be sent to the County thirty (30) days prior to any expiration date.
There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage.
Appraiser shall insure that all sub consultants or subcontractors comply with the
same insurance requirements that he is required to meet. The same Appraiser
shall provide County with certificates of insurance meeting the required insurance
provisions.
19. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Appraiser
shall indemnify and hold harmless Collier County, its officers and employees from any
and all liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness,
or intentionally wrongful conduct of the Appraiser or anyone employed or utilized by
the Appraiser in the performance of this Agreement. This indemnification obligation
shall not be construed to negate, abridge or reduce any other rights or remedies which
otherwise may be available to an indemnified party or person described in this
paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
20. CONFLICT OF INTEREST: Appraiser represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Appraiser further represents that
no persons having any such interest shall be employed to perform those services.
Page 6 of 15
._."-~,--,,--._.,.., -,---<~._.,'-
16811
21. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the
attached component parts, all of which are as fully a part of the Agreement as if herein
set out verbatim: Appraiser's Proposal, Insurance Certificate, RFP #08-5067 Scope of
Services and two (2) Addenda.
22. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
23. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, firm, and/ or any employee of the firm
from contact with County staff for a specified period of time; b. Prohibition by the
individual and/ or firm from doing business with the County for a specified period of
time, including but not limited to: submitting bids, RFP, and/ or quotes; and, c.
immediate termination of any contract held by the individual and/ or firm for cause.
24. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement,
the Appraiser is formally acknowledging without exception or stipulation that it is fully
responsible for complying with the provisions of the Immigration Reform and Control
Act of 1986 as located at 8 USe. 1324, et seq. and regulations relating thereto, as either
may be amended. Failure by the Appraiser to comply with the laws referenced herein
shall constitute a breach of this agreement and the County shall have the discretion to
unilaterally terminate this agreement immediately.
25. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
26. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant Agreement to other governmental entities at
the discretion of the successful proposer.
27. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
28. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to
this Agreement upon satisfactory negotiation of price by the Contract Manager and
Appraiser.
Page 7 of 15
- "._.._._----"'-~...
16B11
29. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be
attended by representatives of Appraiser with full decision-making authority and by
County's staff person who would make the presentation of any settlement reached
during negotiations to County for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Appraiser with full decision-making authority
and by County's staff person who would make the presentation of any settlement
reached at mediation to County's board for approval. Should either party fail to submit
to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal
or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
30. KEY PERSONNEIjPROTECT STAFFING: The Appraiser's personnel and management
to be utilized for this project shall be knowledgeable in their areas of expertise. The
County reserves the right to perform investigations as may be deemed necessary to
insure that competent persons will be utilized in the performance of the Agreement.
Selected firm shall assign as many people as necessary to complete the Work on a timely
basis, and each person assigned shall be available for an amount of time adequate to
meet the dates set forth in the Purchase Order. Firm shall not change Key Personnel
unless the following conditions are met: (1) Proposed replacements have substantially
the same or better qualifications and/ or experience. (2) That the County is notified in
writing as far in advance as possible. Firm shall make commercially reasonable efforts to
notify Collier County within seven (7) days of the change. The County retains final
approval of proposed replacement personnel.
Page 8 of 15
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IN WITNESS WHEREOF, the Appraiser and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
ATTEST:
D~'BFI'
-., . .~
By:; ,', '". "
D"""iSE~'" .
Attest,}, toCM 1~ ,
11gn.~0I,CJJ" "
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
APPRAISER
ReTech, Inc.
),irst Witness
./fII'sO/J ~ ~N&hr
::t;rintwiAamJt ,
, .dA...( 'J/J/f/(P.'A.)
/'.- Second Witness
S LI..~a/J I? &tJlL1V
tTypejprint witness namet
BYQ"~ \~
Signature
Ron Tegenkamp, President
Typed signature and title
Approved as to form and
legal sufficiency:
WI~~
Assistant Courity Attorney
Colle.en &eenR--
Print Name
Page 9 of 15
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EXHIBIT A
Scope of Services
COLLIER COUNTY SUPPLEMENTAL APPRAISAL STANDARDS
(A Supplement to the Uniform Standards of Professional Appraisal Practice)
The following standards governing the preparation of written appraisal reports for Collier
County, Florida, are intended to clarify the expectations for the content of each and every
written appraisal report (whether Self-Contained or Summary) prepared for the Board of
County Commissioners and / or the various Divisions and Departments under the County
Manager. Where there may seem to be a conflict between these standards and the scope of
any assignment undertaken for the County, the appraiser should consult with the Right-of-
Way Design and Valuation Coordinator, Real Property Management Department, for further
clarification. Each appraiser and appraisal firm qualified to provide appraisal services for the
Board of County Commissioners of Collier County, Florida, is responsible for obtaining and
maintaining a current copy of the Uniform Standards of Professional Appraisal Practice
(USP AP).
DATE OF VALUE
Unless a retrospective appraisal with a previous date of value was specifically ordered by
Collier County, or unless the Appraiser has been specifically instructed otherwise (as for a
date-of-deposit appraisal), the date of value of the appraisal, being the Appraiser's last
inspection of the subject property, shall be within two (2) weeks of the date of submission of
the draft appraisal report to the Right-of-Way Design and Valuation Coordinator.
STRUCTURES
Where all or a portion of a structure is located on the real estate being acquired by County,
Appraiser shall include the following iniormation in the narrative description of the
property: [a] a statement as to the character (residential or business) of the structure's
occupant(s); [b] the name(s) of the occupant(s); and [c] a statement as to the legal status of
the occupant (tenant with or without lease, owner-occupant, etc.)
SALES LOCATION MAPS
Each written appraisal report shall contain at least one map upon which shall be plotted all of
the comparable sales analyzed during the development of the appraisal. If the comparable
sales cover such an extensive geographic area that a one page map would be illegible, then
more than one map is encouraged, each at a scale which is legible to the reader, i.e" where
common streets, rivers, canals, city blocks, etc. are recognizable.
REPORT JACKETS
All appraisal reports (originals and copies) must be bound with front and rear covers made
of plastic, heavy card stock.
Page 10 of 15
loBlI
SALES DATA SHEETS
Sales Data Sheets must be accompanied by a location map which clearly shows the
comparable sale property in relation to its neighborhood (which map may appear on the
same page as the sales data). The following information must be readily apparent from a
review of the map and/ or the written information provided:
o Date of sale and recording data - Grantor / Grantee and type of conveyance
instrument. If the sale property is located in a County besides Collier, a copy of the deed of
transfer must be provided as well.
o Location and legal description (a copy of the deed of transfer may be included with
the sales data sheet precluding the need to reprint the property's legal description).
o Parcel size, access and road frontage (if applicable).
o Present use and description of improvements (if any).
o Zoning.
o Existing and available utilities.
o Sale price, financing, cash equivalent price, and unit price.
o Verification data: parties to the transaction, comments on the motivation of the
parties, comments as to how the parties allocated value among the land and various
improvements (if available).
o Appraiser's comments.
SALES GRIDS
Each appraisal report shall contain a table of the sales most relied upon by the appraiser in
reaching a final value reconciliation. This table (a/k/ a "sales grid") is an effective
communication toot and is of great value to all but the most casual reader of the appraisal
report. The sales grid must identify each sale by number or name, include the date of the
sale, the size of the sale property, zoning, purchase price, unit price (and where appropriate,
the price per dwelling unit), and a column or row for each item of comparison for which
adjustments were made by the appraiser. The sales grid must also contain a column or row
to show the subject's attributes in comparison with the most-relied-upon sales.
ADJUSTMENTS TO COMPARABLE SALES
In addition to Self-Contained appraisal reports, Summary appraisal reports prepared for the
County shall contain a detailed narrative explaining the adjustments made to the comparable
sales including the appraiser's reasoning and the data which forms the basis for the extent of
each adjustment.
Page 11 of 15
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PARENT TRACT
After application of the three common tests to determine the parent tract for the subject
property (contiguity, unity of use, and unity of ownership), the Appraiser must include a
sketch of the whole property in the appraisal report; and, in the case of a partial taking, must
show on the sketch the part being acquired by the County. Unless Collier County provides
the Appraiser with a parent tract determination and an area calculation for the parent tract, it
is the responsibility of the Appraiser to calculate the area of the parent tract.
PARTIAL TAKINGS
Areas (in general) - While the area of the part being acquired will be provided by the County,
it is the responsibility of the Appraiser to calculate the area of the remainder tract.
Areas (easements) - Remainder areas should be the same after the taking of easements as the
area of the parent tract prior to the taking. The value after the taking should reflect that a
portion of the parent tract is encumbered by the easement taken by the County.
Cost-to-Cure Severance Damages - There must be damage to the remainder real estate before
a cure can be applied. Damages must be supported with market data and specified in dollar
terms. Without this supporting documentation, Collier County cannot be assured that the
cost of the cure will be less than the damages to which the property owner would otherwise
be entitled.
If the cure chosen by the appraiser includes a payment to the property owner to re-establish,
construct, or install a feature upon the remainder, for which the property owner has been
compensated in the value of the part taken, then the compensation for the taken feature shall
be deducted from the total compensation due the property owner. For example: if
compensation includes the depreciated replacement cost of fencing located within the take
area, and the proposed "cure" includes the installation of fencing upon the remainder, the
purpose of which is essentially to replace that fencing taken by the County, the depreciated
replacement cost of the fencing being taken, for which the property owner has already been
compensated, must be deducted from the total compensation due the property owner.
In addition, if the cure involves the relocation of amenities or parking (or anything else that
takes up useable space) onto the remainder property, the appraisal must address
compensation for the loss of that area occupied by the relocated feature.
As a matter of general policy, in order to avoid disputes over the quality of relocation work
performed by the County or its contractors, Collier County will seek to limit its liability by
paying the depreciated replacement cost for everything within the take area, and/ or by
paying the owner to relocate certain improvements onto the remainder at a location of their
choosing. Generally, it is better for the County to purchase anything within the take area,
rather than taking it in good faith that a property owner will relocate an improvement from
the right-of-way by that point in time that the right-of-way should be clear and ready for
construction.
Page ]2 of 15
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Land and Affected Improvements Only on Improved Parcels - If it is the Appraiser's
judgment that the primary improvements located upon the remainder property are
unaffected by the taking, and after consideration of the possibility of any damages accruing
to the remainder property, the Appraiser may elect to prepare a before and after estimate of
the value of the land only. Such before and after values must be clearly labeled in the
appraisal report; and such an appraisal report must contain an explanation and brief
discussion of the factors considered in electing not to appraise the value of the property as
improved in both the before and after situations.
Signs - Should a trade sign or income producing sign be discovered within the taking area,
the Appraiser should consult with the County for specific instructions on valuation andlor
compensation regarding the signage. When preparing an appraisal report for condemnation,
the appraiser should include the depreciated replacement cost of the signage in the total
estimate of compensation due the property owner. A cost to cure the damage resulting from
the absence of the sign is then applied in order to make the property owner "whole."
Special Benefits - The Appraiser should consult with the County prior to assigning special
benefits to a remainder property.
Rounding - All numbers below $1,000 will be rounded to the nearest $50 increment. All
numbers above $1,000 and below $100,000 will be rounded to the nearest $100 increment.
Everything over $100,000 will be rounded to the nearest $1,000 increment.
DATA BOOKS
GENERAL NOTE: For multiple appraisal assignments a Data Book may be required in
accordance with the terms of the Appraisal Agreement between the Appraiser and Collier
County, Florida. Should the County desire that a data book be prepared for an appraisal
project, such will be stipulated in the bid solicitation generated by County staff, and it shall
be made a specific condition in the Appraisal Agreement between the Appraiser and Collier
County. Absent any such stipulation, a data book will not be required.
All of the sales sheets as well as the narrative discussion of the appraiser's market
observations and adjustments should be on 8 1/2" x 11" paper bound by a three ring binder
to accommodate the easy insertion of new sales sheets into the data book. A cover page
identifying the project for which the data book is prepared, the name of the appraiser, and
the date of its compilation, should be followed by a Table of Contents which must identify
the major sections into which the data book is divided. The data book must contain the
following:
1. Regional and neighborhood description and analysis. This information may be
omitted from each individual appraisal report as long as the written report directs the
reader's attention to the fact that this information is presented in the data book.
2. A "Sales Map" or "Location Map" showing the location of each comparable sale
property for which a Sales Data Sheet is contained in the Data Book. Such maps must be of a
scale, and produced with clarity, such that the location of each comparable sale property is
Page] 3 of 15
16B11
discernible by the reader. Any Listings employed by the appraiser must also be shown on
the maps.
Separate tabbed sections for: (1) vacant land Sales Data Sheets, subdivided into groupings
based upon highest and best use, with listings grouped together within each sub-group; (2)
improved property Sales Data Sheets, subdivided into separate groups based upon present
use, with listings grouped together within each sub-group; (3) market adjustment studies; (4)
income, expense and capitalization rate studies; (5) regional analysis (unless the terms of the
agreement between Collier County and the Appraiser specifically exclude regional analysis
from the scope of the assignment(s); (6) neighborhood analysis; (7) applicable excerpts from
zoning regulations or such other reference materials upon which the Appraiser has
specifically relied in developing the appraisals; and (8) any special studies and/ or
comparative analyses made during the development of the appraisals, and/ or which were
already in existence and upon which the Appraiser relied during the development of the
appraisals.
Page 14 of 15
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EXHIBIT B
RATE SCHEDULE
Personnel Category
Appraiser
Staff Appraiser
Technical Assistance/Clerical
Researcher
Expert Witness
Rate per hour
$150.00
$125.00
$ 60.00
$ 85.00
$200.00
This list is not intended to be all inclusive. Hourly rate fees for other categories of
professional, support and other services shall be mutually negotiated by the County and firm
on a project by project basis as needed
Page 15 of 15
From: Ben Brown Ins
-6597
941-365-3143 Date: 12/17/2008
Page: 001
Time:
12: 35 J. 68 1 @11-239-252
ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE (MM1DDfYYYY)
" 12/17/2008
PRODUCER (941)366-9373 FAX (941)365-3143 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION
Ben Brown Insurance Agency Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
3731 S Tuttle Ave HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Sarasota, FL 34239-6410
Lynn Wri ght INSURERS AFFORDING COVERAGE NAIC#
INSUREO Retech Inc INSURER A Southern Owners Insurance Co 10190
6221 Iroquois Ct ---~_._--
INSURER B
Odessa, FL 33556 INSURER C
INSURER D
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO mE INSURED NAMED ABOVE FOR THE POLlCY PERIOD INDICATED. NOT\NITHSTANDING
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR DD' ?OLic=YI~FFEg~E POLICY E1rJ,~mN .,
LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MMIOD DATE MM LIMITS
GENERAL LIABILITY APPLIED FOR 12/05/2008 12/05/2009 EACH OCCURRENCE I $ 1,000,000
7 COMMERCIAL GENERAl LIABILITY DAMAGE TO RENTED I , 50,000
I ClAIMS MADE [!] OCCUR MED EXP IAny one perS8n) , 5,000
A X PERSONAL & flDV INJURY $ 1 000 000
f--
GENERAL AGGREGATE $ 1,000,000
f--
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG , 1,000,00C
!xl POLICY n j~2T n LOC
AUTOMOBILE LIABILITY COMBINED SINGL= LIMIT
- ,
ANY AUTO (Eaaccident)
-
ALL OWNED AUTOS BODILY INJURY
- $
SCHEDULED AUTOS U'erperson)
-
HIRED AUTOS DODIL Y INJURY
- I
NON-OWNED AUTOS (Per accident)
-
- PROPERTY DAMAGE $
(Per accident)
~RAGE LLABILITY AUTO ONLY" EA ACCIDENT $
ANY AUTO OtHCRIW\N EAACC! $
AUTO ONLY AGG $
EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $
~ OCCUR D CLAIMS MADE AGGREGATE $
,
-
==1 ~EDUCTIBLE ,
RETENTION $ ,
WORKERS COMPENSATlON AND 1-X:;~lT~~;:, I IOJ~
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT ,
OFFICERlMEMBER EXCLUDED? EL DISEASE EA EMPLOYEE $
If yes. describe under
SPECIAL PROVISIONS below E L. DISEASE - POLICY LIMIT ,
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES r EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
eal Estate Appraiser
ertificate Holder is listed as additional insured
I nee " ATI()N
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
Collier County Board of County Commissioners ~ DAYS WRITTEN NOTICE TO THE CERTifiCATE HOLDER NAMED TO THE LEfT,
Contract Administration, Purchasing Dept. BUT fAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
3301 E Tamiami Trail OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
Naples, FL 34112 AUTHORIZED REPRESENTATIVE ~/?-
~Ii chae 1 Brown/mKE
ACORD 25 (2001/08) FAX:
(239)252-6597
@ACORDCORPORATION 1988
From: Ben Brown Ins
-6597
941-365-3143 Date: 12/17/2008 Time: 12:35 PM To:
Page: 002
@ 1-239-252
IMPORTANT
If the certificate holder is an ADDiTIONAL INSURED, the policy(ies) must be endorsed, A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pOlicies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s),
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
Additional Coverages and Factors
16BU
12/08/2008
Line of Business Coverages for
Coverage
General Aggregate
Products/Completed Ops
Aggregate
Personal & Advertising
Injury
Each Occurrence
Fi re Damage
Medical Expense
General Liability
limits
1,000,000
1,000,000
1,000,000
1,000,000
50,000
5,000
Oed/Oed Type
Rate
Premium
Factor
16811
CERTIFICATE OF INSURANCE
PRODUCER
Herbert H. Landy Ins. Agency,
75 Second Avenue, #410
Needham, MA 02494~2876
Inc.
COMPANIES AFFORDING COVERAGE
General Star National
_~ VM(...P' 1l~1"11
INSURED
Ronald E. Tegenkamp
6221 Iroquois Court
Odessa
FL 33556
DESCRIPTION OF OPERATIONS
Real Estate Appraisers Professional Liability.
AUTHORIZED REPRESENTATIVE
CANCELLATION I
SHOULD ANY OF THE ABOVE DESCRIBED POLICIESI
BE CANCELLED BEFORE THE EXPIRATION DATE I
THEREOF, THE ISSUING COMPANY WILL ENDEAVOR I
TO MAIL 60 DAYS WRITTEN NOTICE TO THEI
CERTIFICATE HOLDER NAMED TO THE LEFT, BUTI
FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE I
NO OBLIGATION OR LIABILITY OF ANY KINDI
UPON THE COMPANY, ITS AGENTS ORI
REPRESENTATIVES. I
I
I
I
I
I
I
I
~ ~-rn-a~
CERTIFICATE HOLDER
ALEX SINK
16811
08-22-2008
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF WORKERS' COMPENSATION
* * CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW * *
CHIEF FINANCIAL OFFICER
NON-CONSTRUCTION INDUSTRY EXEMPTION
This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law.
EFFECTIVE DATE:
08/22/2008
EXPIRATION DATE: N/A
E
PERSON: TEGENKAMP
FEIN: 592678196
BUSINESS NAME AND ADDRESS:
RETECH INC
6221 IROQUNOIS COURT
OOESSA FL 33556
SCOPES OF BUSINESS OR TRADE:
1- APPRAI SAL
RONALD
2- REAL ESTATE 1 PROPERTY MGMT
IMPORTANT: Pursuant 10 Chapler 440 . 05(14), F.S., 8n ollicer of 8 corporation who elecls exemplioD Irom IlIls chapler by filing a certllicale 01 election under tbis
section may /lot recover benelils or compensation under this chapler. Pursuant fa Chlpler 440.05(121. F.S., Certificates o[ election 10 be eKempl... apply only within the
scope 01 lite business or trade Ilsled on the nolice of election to be Okempl. Pursuanl to Chapler 440.05(13). F.S., Notices 01 election 10 be ellempt and cortilieales or
election to be exempt shall be subject 10 revocation ii, II any time aller the IIIlng of Itle nolice or the issuance of the certificate, tile person named on Ihe noUce or
certificale no longer meets the requirements of tllis section for issuance of a certificale. The department shalt revoke a certificale al any time for flIi1ure of the person
n.med on the certlflcate 10 meet Ihe requirements of this section.
lWC-252 CERTIFICATE Of ELECTION TO BE EXEMPT REVISEO 09-06
QUESTIONS? (8501 413 -160!
PLEASE CUT OUT THE CARD BELOW AND RETAIN FOR FUTURE REFERENCE
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF WORKERS' COMPENSATION
NON-CONSTRUCTION INOUSTRY
CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA
WORKERS' COMPENSATION LAW
.
EFFECTIVE: 08/22/2008 EXPIRATION OATE: NIA
PERSON: RONALO E TEGENKAMP
FEIN: 592678196
BUSINESS NAME AND ADDRESS:
RETECH INC
6221 IROQUNOIS COURT
ODESSA, Ft 33556
SCOPE OF BUSINESS OR TRADE:
1. APPRAISAt 2- REAt ESTATE I PROPERTY MGMT
F IMPORTANT
o Pursuant to Chapter 440.0S(14), F.S" an officer of a corporation who
L elects exemption from this chapter by filing a certificate of election
under this section may not recover benefits or compensation under this
D chapter.
H Pursuant to Chapter 440.05(121. F.S., Certificates of election to be
E exempt... apply only within the scope of the business or trade listed on
the notice of election to be exempt.
R
E Pursuant to Chapter 440.05(13). F.S., Notices of election to be exempt
and certificates of election to be exempt shall be subject to revocation
if, at any time after the filing of the notice or the issuance of the
certificate, the person named on the notice or certificate no longer meets
the requirements of this section for issuance of a certificate. The
department shall revoke a certificate at any time for failure of the
person named on the certificate to meet the requirements of this
section.
QUESTIONS? 18501 413-1609
CUT HERE
* Carry bottom portion on the job, keep upper portion for your records.
-WC-252 CERTifiCATE Of ELECTION TO BE EXEMPT REVISED 09-06
PRODUCER (941)366-9373
Ben Brown Insurance Agency
3731 S Tuttle Ave
Sarasota, Fl 34239-6410
Ginger Ramsey
INSURED Ronal d E & Al ison A Tegenkamp
FAX (941)365-3143
Inc
E lMMIDDNYYY)
12/08/2008
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 BELOW.
ACORD
'M
CERTIFICATE OF LIABILITY INSURANCE
INSURERS AFFORDING COVERAGE
INSURER A
Auto-Owners Insurance Co
NAIC#
18988
6221 Iroquois Ct
Odessa, FL 33556-3325
INSURER B
INSURER c:
INSURER D:
INSURER E'
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR DO' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
GENERAL LIABILITY EACH OCCURRENCE $
- DAMAGE TO RENTED
COMMERCIAL GENERAL LIABILITY $
- P CLAIMS MADE D OCCUR
MED EXP (Anyone person) $
-
PERSONAL & ADV INJURY $
- GENERAL AGGREGATE
,
-
GEN'l AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $
'I ,nPRO. n,
POLICY JECT LOC
AUTOMOBILE LIABILITY 4113436100 09/20/2008 03/20/2009 COMBINED SINGLE LIMIT
- (Eaaccidenl) $ 500,OOC
ANY AUTO
f---
ALL OWNED AUTOS BODILY INJURY
'x $
SCHEDULED AUTOS (Per person}
A f---
HIRED AUTOS BOOIL Y INJURY
f--- (Per accident) $
NON-OWNED AUTOS
f---
f-- PROPERTY DAMAGE $
(Per accident)
RAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EAACC ,
AUTO ONLY AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $
:=J OCCUR D CLAIMS MADE AGGREGATE $
$
~ DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND I TVX~JYf;,I,~~ I IO.Jb"'-
EMPLOYERS' LIABILITY I
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT ,
OFFICER/MEMBER EXCLUDED? I E.L. DISEASE- EA EMPLOYE $
If yes, describe under E,L. DISEASE- POLICY LIMIT $
SPECIAL PROVISIONS below
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
~eal Estate Appraiser
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
Coll ;er County ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Contract Administrat;on, Purchasing Dept. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
3301 E. Tamiami Trail OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
Naples, FL 34112 AUTHORIZED REPRESENTATIVE ~#'d-
Michael Brown/MIKE
ACORD 25 (2001/08)
@ACORDCORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and condilions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
16Bl1
MEMORANDUM
Date:
December 24, 2008
To:
Rhonda Cummings, Contract Specialist
Purchasing Department
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Contract No.: 08-5067
"Real Estate Appraisal Service"
Contractor: American Acquisition Group
Enclosed please find one (1) original contract, as referenced above,
(Agenda Item #16B11), approved by the Board of County
Commissioners on Tuesday, December 2, 20118.
An original is being kept in the Minutes and Records Department as part
of the Board's permanent records.
If you should have any questions, please contact me at 252-7240.
Thank you.
Enclosures
16ft31I
MEMORANDUM
TO: Ray Carter
Risk Management Department
FROM: Rhonda Cummings, FCCN, CPPB, Contract Specialist
Purchasing Department
DATE: December 9,2008
RE: Review of Insurance for Contract: #08-5067 "Real Estate
Appraisal Service"
Appraisers:
Y American Acquisition Group
Anderson & Carr
Appraisal Group of Central Florida
Boyd, Schmidt and Brannum
Callaway & Price
Kenneth C. Evans
Kenneth R. Devos
Integra Realty Resources
Real Estate Appraisal and Litigation
Retech
Wilcox Appraisal Services
This Contract was approved by the BCC on December 2, 2008; Agenda Item
16.B.11
Please review the Insurance Certificates for the above-referenced contract
and forward to the County Attorney's Office for further signature routing.
Thank you. If you have any questions, please contact me at extension 8941.
dod/RC
DATE RECEIVED
DEe 1 0 2008
RISK MANAGE.M~
il,~1'"1,",,~' . .
'71"/1 /{I
hfJr1ILuLIJ. <.(
/71 ) tf'
C: Harry Henderson, TECM/ROW
ITEM Nla ;:r2L ~ aD 5Y \
I _ I
FI LE NeJ:: -------.j
16 B 11(~)
DATE RECEIVED:
UFFict: OF IHE:
COUNTY !TT();lNr:Y
/)
./
ROUTED TO:
REQUEST FOR LEGAL SERVICES
4tA
DO NOT WRITE ABOVE THIS LINE
Date: December 9,2008
\~\C\
1)~
To: Office of the County Attorney
Attention: Jeff Klatzkow
,"'0'
From: Rhonda Cummings, CPPB, Contract Specialist
Purchasing Department, Extension 8941
~
C]
\...., ~
Re:
Contract: #08-5067 "Real Estate Appraisal Service"
-J
---,1 '
-'. I
~. ("', I
~h I
j~J
-'";1
Appraisers:
"""American Acquisition Group
Anderson & Carr
Appraisal Group of Central Florida
Boyd, Schmidt and Brannum
Callaway & Price
Kenneth C. Evans
Kenneth R. Devos
Integra Realty Resources
Real Estate Appraisal and Litigation
Retech
Wilcox Appraisal Services
1d-/(1-08
crn&
~ts .CIO~
r"v
c.,.,
r"
i__..-//
BACKGROUND OF REQUEST:
This contract was approved by the BCC on December 2, 2008;
Agenda Item 16.B.11 \, \~
\"Z_ \ \ -.. \zo"'-\o 0"::""7"-.0, \,eJr -\'?\~
This item has not been previously submitted., . ' "-
c""e-~\-\,,""c G..~as:_.\...e..C\.
ACTION REQUESTED: \0,\\ \,::>'Z \-~o\,<2.J^<:"~ \.J::l~<UJ'---.
Contract review and approval. CC'V '''-.<:...\ ~~
OTHER COMMENTS: 7c:"\~e-s.\o" a..21v-"\";z~ -\0
7\c\::...u'\;'
Jeff, this is a standard contract with no changes. Please forward to <::) 'r\O~.:.A'P~":J
BCC for signature after approval. If there are any questions concerning the \.~
document, please contact me. Purchasing would appreciate notification when
the documents exit your office. Thank you.
16811
A G R E E MEN T 08-5067
for
Real Estate Appraisal Services
THIS AGREEMENT, made and entered into on this L day of D<,("-,,,-Io...-; 2008, by and
between American Acquisition Group, LLc, authorized to do business in the State of Florida,
whose business address is 5600 Mariner Street, Suite 104, Tampa, Florida 33609, hereinafter
called the "Appraiser" (or "Consultant") and Collier County, a political subdivision of the
State of Florida, Collier County, Naples, hereinafter called the "County":
WIT N E SSE T H:
1. COMMENCEMENT. The Agreement shall commence upon issuance of a Purchase
Order and a Notice to Proceed. In accordance with RFP 08-5067 "Real Estate Appraisal
Services", Appraiser shall provide a written fee proposal to the County for each service,
hereinafter "Work", to be performed under this Agreement. Upon approval by the
Project Manager, a Purchase Order and a Notice to Proceed shall be issued for the
service as specified in the proposal. The Appraiser shall then provide the specified
service to the County. The Agreement shall be for a one (1) year period, effective on the
date the Agreement is approved by the Board of County Commissioners.
The County may, at its discretion and with the consent of the Appraiser, renew the
Agreement under all of the terms and conditions contained in this Agreement for three
(3) additional one (1) year periods. The County shall give the Appraiser written notice
of the County's intention to extend the Agreement term not less than ten (10) days prior
to the end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Appraiser shall provide real estate appraisal services
in accordance with the terms and conditions of RFP #08-5067, Exhibit "A" Scope of
Services, and the Appraiser's proposal referred to herein and made an integral part of
this agreement. This Agreement contains the entire understanding between the parties
and any modifications to this Agreement shall be mutually agreed upon in writing by
the Appraiser and the County project manager or his designee, in compliance with the
County Purchasing Policy and Administrative Procedures in effect at the time such
services are authorized.
3. COMPENSATION: The County shall pay the Appraiser for the performance of this
Agreement upon completion or partial completion of the work tasks as accepted and
approved by the County Project Manager or his designee pursuant to the fees as set
forth in Exhibit "B", included in this agreement, together with the Travel and
Reimbursable Expenses as defined in this agreement. Payments shall be made to the
Page I of 15
16Bl1
Appraiser when requested as services are rendered, but not more frequently than once
per month, on an estimated percentage complete for the Labor and Expenses Fee and at
actual costs for Travel Expenses. Payment will be made upon receipt of a proper invoice
and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local
Government Prompt Payment Act". Reimbursable expenses shall be invoiced for the
expenditures incurred by the Consultant as follows:
Expenses of transportation and living when traveling in connection with each
Purchase Order, except for local travel within Collier or Lee Counties, as provided in
Section 112.061, F.S., and all Agreement-related mileage for trips that are from! to
destinations outside of Collier or Lee Counties approved in advance by the County.
The time reported by the Appraiser to perform specific work related to litigation is
subject to final approval by the County Attorney, or by an attorney employed by and
representing the County. Appraiser's invoice must contain a description of the service
provided, project and parcel number (or name), and the amount of fee payable. The
Appraiser shall maintain documentation for all fees charged under the terms of this
Agreement for a period of not less than three (3) years from the date of the final
invoice for appraisal services rendered relative to a Property. Fees for the services of
any and all subcontractors and sub consultants employed by Appraiser must be
authorized in advance by County Purchase Order.
Reimbursement rates as provided in Section 112.061, Florida Statutes, currently:
Mileage: $ 44.5 per mile
Breakfast: $ 6.00
Lunch: $11.00
Dinner: $19.00
Airfare: Actual ticket cost of Coach Fare
Rental car: Actual rental cost of midsize or smaller car
Lodging: Actual cost of reasonable lodging at single occupancy rate
Parking: Actual cost of parking
4. COMPLETION/CORRECTION. If a substantially completed written appraisal report
(original) is delivered to the County by the due date, or by a date mutually agreed upon,
but which report fails to comply with the USP AP, or which report contains errors or
omissions from within either the body or the addenda, Appraiser shall, within fourteen
(14) calendar days from the date of notification by the County Project Manager, furnish
such corrected and! or additional pages which will bring the appraisal report into
compliance with the USP AP and! or correct such errors and omissions (if any). No
penalty for late performance will be charged against the Appraiser within said fourteen
(14) day period. Nor shall Appraiser charge the County any additional fees from
bringing written appraisal reports into compliance with the USP AP, for correcting any
errors, or for providing previously omitted materials.
5. DEDUCTIONS FOR NON-PERFORMANCE. It is acknowledged that time is of the
essence. The County reserves the right to deduct portions of the (monthly) invoiced
amount for items not completed within the expressed time frame. These funds would be
Page 2 of 15
16B11
forfeited by the Appraiser and that the following schedule shall govern the deduction
for late performance:
(a) In the event that the services are not completed and submitted to County in
accordance with the due date as set forth in a County Purchase Order; then County at
its discretion may reduce the fee payable to Appraiser by seven percent (7%) for each
week, or portion thereof, for every week the services are past due; or
(b) In the event that circumstances beyond the control of Appraiser cause completion
of the services to be delayed beyond the due date as set forth in a County Purchase
Order, and prior to said due date there is a mutual understanding between the parties
to this Agreement that such delays were beyond the control of Appraiser, County may
issue an written extension of the due date without penalty deduction. Said extension
shall cite the reason for delay in completion of the appraisal report and shall set a new
due date for submission of the report. Deductions as described above shall apply to
the revised due date.
6. SALES TAX. Appraiser shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work.
7. CONTRACT ADMINISTRATION. The Transportation Right of Way Acquisition
Manager or the Manager's designee (hereinafter referred to as "Contract Manager"),
shall be responsible for ensuring performance under the terms and conditions of this
Agreement.
8. MEETINGS. Appraiser shall meet with the Contract Manager to discuss the Work at a
time(s) and place(s) of meeting(s) which shall be established by mutual agreement of the
parties to this Agreement.
9. CERTIFICATE OF APPRAISAL. In accordance with the Work, all Certificates of
Appraisal shall be signed by D. Wade Brown, SRfWA, RfW-RAC, RfW-NAC In
addition, at the discretion of Appraiser, one (1) associate appraiser, either working in a
contractual relationship or as an employee of Appraiser, is hereby authorized by County
to sign the Certificate of Appraisal. All persons consulted by Appraiser in the making of
appraisals under the terms of this Agreement must be properly identified in the written
appraisal report(s).
10. CONFIDENTIALITY. Subject to the requirements of the Florida Public Records Act,
Chapter 119, Fla. Stat.. and the Florida Sunshine Law, Chapter 286, Fla. Stat., Appraiser
shall neither discuss nor divulge the contents of the written appraisal reports relating to
the Property with anyone without the approval of the Contract Manager. Further,
Appraiser shall save harmless the County from all claims or liabilities, including court
costs and attorneys fees, due to Appraiser's activities, or those of Appraiser's agents or
employees, and shall not engage in any business transactions involving any of the
properties appraised under the terms and conditions of this Agreement for a period of
Page 3 of 15
16B11
one (1) year from the date of valuation of the latest appraisal, or updated appraisal, of
any of the Property.
11. UNLAWFUL SOLICITATION AND ASSIGNMENT OF AGREEMENT. By the
execution of this Agreement, Appraiser warrants that it has not employed, retained,
paid, or agreed to pay, any company or person, other than a bona fide employee, to
solicit or secure this Agreement contingent upon, or resulting from, the award or
making of this Agreement. Appraiser further warrants that no part of the total of the
fees payable under the terms of this Agreement shall be paid directly or indirectly to
any employee of the County as wages, compensation, or gift in exchange for acting as
officer agent, employee, subcontractor, or consultant to the Appraiser in connection
with any appraisal work performed or contemplated under the terms of this Agreement,
without prior County approval. Appraiser further warrants that there shall be no
transfer or assignment of any part of this Agreement, except by the written approval of
the Contract Manager. For breach or violation of this warranty County shall have the
right to terminate this Agreement immediately without financial obligation, or to
pursue any other available remedies.
12. NOTICES. All notices from the County to the Appraiser shall be deemed duly served if
mailed or faxed to the Appraiser at the following Address:
D. Wade Brown, SRjW A, RjW-RAC, RjW-NAC
American Acquisition Group, LLC
5600 Mariner Street, Suite 104
Tampa, FL 33609
Phone: 813-287-8191; Fax: 813-287-8272
All Notices from the Appraiser to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attention: Steve Carnell, PurchasingjGS Director
Telephone: 239-252-8371
Facsimile: 239-252-6584
The Appraiser and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
Page 4 of 15
16811
13. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Appraiser or to constitute the Appraiser as
an agent of the County.
14. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits
necessary for the prosecution of the Work shall be obtained by the Appraiser. Payment
for all such permits issued by the County shall be processed internally by the County.
All non-County permits necessary for the prosecution of the Work shall be procured
and paid for by the Appraiser. The Appraiser shall also be solely responsible for
payment of any and all taxes levied on the Appraiser. In addition, the Appraiser shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Appraiser agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Appraiser.
15. NO IMPROPER USE. The Appraiser will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Appraiser or
if the County or its authorized representative shall deem any conduct on the part of the
Appraiser to be objectionable or improper, the County shall have the right to suspend
this Agreement. Should the Appraiser fail to correct any such violation, conduct, or
practice to the satisfaction of the County within twenty-four (24) hours after receiving
notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured. The Appraiser further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the
County.
16. TERMINATION. Should the Appraiser be found to have failed to perform his services
in a manner satisfactory to the County as per this Agreement, the County may terminate
said agreement immediately for cause; further the County may terminate this
Agreement for convenience with a thirty (30) day written notice. The County shall be
sole judge of non-performance.
17. NO DISCRIMINATION. The Appraiser agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
18. INSURANCE. The Appraiser shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
Appraisers; Products and Completed Operations and Contractual Liability.
Page 5 of 15
16811
B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $500,000
for each accident.
D. Professional Liabilitv Insurance: Professional Liability Insurance shall be
maintained by the Appraiser to insure its legal liability for claims arising out of the
performance of professional services under this Agreement. Appraiser waives its
right of recovery against OWNER as to any claims under this insurance. Such
insurance shall have limits of not less than $1,000,000 per occurrence.
Special Requirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Appraiser during the duration of this Agreement. Renewal
certificates shall be sent to the County thirty (30) days prior to any expiration date.
There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage.
Appraiser shall insure that all sub consultants or subcontractors comply with the
same insurance requirements that he is required to meet. The same Appraiser
shall provide County with certificates of insurance meeting the required insurance
provisions.
19. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Appraiser
shall indemnify and hold harmless Collier County, its officers and employees from any
and all liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness,
or intentionally wrongful conduct of the Appraiser or anyone employed or utilized by
the Appraiser in the performance of this Agreement. This indemnification obligation
shall not be construed to negate, abridge or reduce any other rights or remedies which
otherwise may be available to an indemnified party or person described in this
paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
Page 6 of 15
16'111
20. CONFLICT OF INTEREST: Appraiser represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Appraiser further represents that
no persons having any such interest shall be employed to perform those services.
21. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the
attached component parts, all of which are as fully a part of the Agreement as if herein
set out verbatim: Appraiser's Proposal, Insurance Certificate, RFP #08-5067 Scope of
Services and two (2) Addenda.
22. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
23. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, firm, and/ or any employee of the firm
from contact with County staff for a specified period of time; b. Prohibition by the
individual and/ or firm from doing business with the County for a specified period of
time, including but not limited to: submitting bids, RFP, and/ or quotes; and, c.
immediate termination of any contract held by the individual and/ or firm for cause.
24. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement,
the Appraiser is formally acknowledging without exception or stipulation that it is fully
responsible for complying with the provisions of the Immigration Reform and Control
Act of 1986 as located at 8 U.5.e. 1324, et seq. and regulations relating thereto, as either
may be amended. Failure by the Appraiser to comply with the laws referenced herein
shall constitute a breach of this agreement and the County shall have the discretion to
unilaterally terminate this agreement immediately.
25. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
26. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant Agreement to other governmental entities at
the discretion of the successful proposer.
27. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
Page 7 of 15
16811
28. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to
this Agreement upon satisfactory negotiation of price by the Contract Manager and
Appraiser.
29. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be
attended by representatives of Appraiser with full decision-making authority and by
County's staff person who would make the presentation of any settlement reached
during negotiations to County for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Appraiser with full decision-making authority
and by County's staff person who would make the presentation of any settlement
reached at mediation to County's board for approval. Should either party fail to submit
to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal
or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
30. KEY PERSONNEI/PROTECT STAFFING: The Appraiser's personnel and management
to be utilized for this project shall be knowledgeable in their areas of expertise. The
County reserves the right to perform investigations as may be deemed necessary to
insure that competent persons will be utilized in the performance of the Agreement.
Selected firm shall assign as many people as necessary to complete the Work on a timely
basis, and each person assigned shall be available for an amount of time adequate to
meet the dates set forth in the Purchase Order. Firm shall not change Key Personnel
unless the following conditions are met: (1) Proposed replacements have substantially
the same or better qualifications and/ or experience. (2) That the County is notified in
writing as far in advance as possible. Firm shall make commercially reasonable efforts to
notify Collier County within seven (7) days of the change. The County retains final
approval of proposed replacement personnel.
Page 8 of 15
- ._----,~~.,-'"._---_....._-_..--,-~--~._,_._.~"~_.~'"._._--_..--.--.."
16811
IN WITNESS WHEREOF, the Appraiser and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
ATTEST:
DWi&ht E. Brock, c:}e$ of Courts
R~~~
Dated:J)rr~"K .
(SEAL)
Attest 35 to Chat,... ,
slgntture onl~
BOARD OF COUNTY COMMISSIONERS
COLLIER COUN , FLORIDA
Ry:
om Henning, Chair
APPRAISER
. vA A , /f;tf,/a _ L) /
,JJM/" JTYI~
tI
By:
p,LLC
First Witness
Barbara J. Fox
tJypejprint witness namet
(I '
D. Wade Brown, SRlWA, RIW-RAC, RlW-NAC
Typed signature and title
Cindy Mabry
tTypej print witness namet
Approved as to form and
legal :mfficiency:
C~~__
Assistant County Attorney
CbUfOJ fi!..etn e-~~_
Print Name
Page 9 of 15
16\311
EXHIBIT A
Scope of Services
COLLIER COUNTY SUPPLEMENTAL APPRAISAL STANDARDS
(A Supplement to the Uniform Standards of Professional Appraisal Practice)
The following standards governing the preparation of written appraisal reports for Collier
County, Florida, are intended to clarify the expectations for the content of each and every
written appraisal report (whether Self-Contained or Summary) prepared for the Board of
County Commissioners and / or the various Divisions and Departments under the County
Manager. Where there may seem to be a conflict between these standards and the scope of
any assignment undertaken for the County, the appraiser should consult with the Right-of-
Way Design and Valuation Coordinator, Real Property Management Department, for further
clarification. Each appraiser and appraisal firm qualified to provide appraisal services for the
Board of County Commissioners of Collier County, Florida, is responsible for obtaining and
maintaining a current copy of the Uniform Standards of Professional Appraisal Practice
(USPAP).
DATE OF VALUE
Unless a retrospective appraisal with a previous date of value was specifically ordered by
Collier County, or unless the Appraiser has been specifically instructed otherwise (as for a
date-of-deposit appraisal), the date of value of the appraisal, being the Appraiser's last
inspection of the subject property, shall be within two (2) weeks of the date of submission of
the draft appraisal report to the Right-of-Way Design and Valuation Coordinator.
STRUCTURES
Where all or a portion of a structure is located on the real estate being acquired by County,
Appraiser shall include the following information in the narrative description of the
property: [a] a statement as to the character (residential or business) of the structure's
occupant(s); [b] the name(s) of the occupant(s); and [c] a statement as to the legal status of
the occupant (tenant with or without lease, owner-occupant, etc.)
SALES LOCA nON MAPS
Each written appraisal report shall contain at least one map upon which shall be plotted all of
the comparable sales analyzed during the development of the appraisal. If the comparable
sales cover such an extensive geographic area that a one page map would be illegible, then
more than one map is encouraged, each at a scale which is legible to the reader, i.e., where
common streets, rivers, canals, city blocks, etc. are recognizable.
REPORT JACKETS
All appraisal reports (originals and copies) must be bound with front and rear covers made
of plastic, heavy card stock.
Page 100fl5
16B11
SALES DATA SHEETS
Sales Data Sheets must be accompanied by a location map which clearly shows the
comparable sale property in relation to its neighborhood (which map may appear on the
same page as the sales data). The following information must be readily apparent from a
review of the map and/ or the written information provided:
o Date of sale and recording data - Grantor / Grantee and type of conveyance
instrument. If the sale property is located in a County besides Collier, a copy of the deed of
transfer must be provided as well.
o Location and legal description (a copy of the deed of transfer may be included with
the sales data sheet precluding the need to reprint the property's legal description).
o Parcel size, access and road frontage (if applicable).
o Present use and description of improvements (if any).
o Zoning.
o Existing and available utilities.
o Sale price, financing, cash equivalent price, and unit price.
o Verification data: parties to the transaction, comments on the motivation of the
parties, comments as to how the parties allocated value among the land and various
improvements (if available).
o Appraiser's comments.
SALES GRIDS
Each appraisal report shall contain a table of the sales most relied upon by the appraiser in
reaching a final value reconciliation. This table (a/k/ a "sales grid") is an effective
communication tool, and is of great value to all but the most casual reader of the appraisal
report. The sales grid must identify each sale by number or name, include the date of the
sale, the size of the sale property, zoning, purchase price, unit price (and where appropriate,
the price per dwelling unit), and a column or row for each item of comparison for which
adjustments were made by the appraiser. The sales grid must also contain a column or row
to show the subject's attributes in comparison with the most-relied-upon sales.
ADJUSTMENTS TO COMPARABLE SALES
In addition to Self-Contained appraisal reports, Summary appraisal reports prepared for the
County shall contain a detailed narrative explaining the adjustments made to the comparable
sales including the appraiser's reasoning and the data which forms the basis for the extent of
each adjustment.
Page II of 15
16B11
PARENT TRACT
After application of the three common tests to determine the parent tract for the subject
property (contiguity, unity of use, and unity of ownership), the Appraiser must include a
sketch of the whole property in the appraisal report; and, in the case of a partial taking, must
show on the sketch the part being acquired by the County. Unless Collier County provides
the Appraiser with a parent tract determination and an area calculation for the parent tract, it
is the responsibility of the Appraiser to calculate the area of the parent tract.
PARTIAL TAKINGS
Areas (in general) - While the area of the part being acquired will be provided by the County,
it is the responsibility of the Appraiser to calculate the area of the remainder tract.
Areas (easements) - Remainder areas should be the same after the taking of easements as the
area of the parent tract prior to the taking. The value after the taking should reflect that a
portion of the parent tract is encumbered by the easement taken by the County.
Cost-to-Cure Severance Damages - There must be damage to the remainder real estate before
a cure can be applied. Damages must be supported with market data and specified in dollar
terms. Without this supporting documentation, Collier County cannot be assured that the
cost of the cure will be less than the damages to which the property owner would otherwise
be entitled.
If the cure chosen by the appraiser includes a payment to the property owner to re-establish,
construct, or install a feature upon the remainder, for which the property owner has been
compensated in the value of the part taken, then the compensation for the taken feature shall
be deducted from the total compensation due the property owner. For example: if
compensation includes the depreciated replacement cost of fencing located within the take
area, and the proposed "cure" includes the installation of fencing upon the remainder, the
purpose of which is essentially to replace that fencing taken by the County, the depreciated
replacement cost of the fencing being taken, for which the property owner has already been
compensated, must be deducted from the total compensation due the property owner.
In addition, if the cure involves the relocation of amenities or parking (or anything else that
takes up useable space) onto the remainder property, the appraisal must address
compensation for the loss of that area occupied by the relocated feature.
As a matter of general policy, in order to avoid disputes over the quality of relocation work
performed by the County or its contractors, Collier County will seek to limit its liability by
paying the depreciated replacement cost for everything within the take area, and! or by
paying the owner to relocate certain improvements onto the remainder at a location of their
choosing. Generally, it is better for the County to purchase anything within the take area,
rather than taking it in good faith that a property owner will relocate an improvement from
the right-of-way by that point in time that the right-of-way should be clear and ready for
construction.
Pagcl2ofl5
16B11
Land and Affected Improvements Only on Improved Parcels - If it is the Appraiser's
judgment that the primary improvements located upon the remainder property are
unaffected by the taking, and after consideration of the possibility of any damages accruing
to the remainder property, the Appraiser may elect to prepare a before and after estimate of
the value of the land only. Such before and after values must be clearly labeled in the
appraisal report; and such an appraisal report must contain an explanation and brief
discussion of the factors considered in electing not to appraise the value of the property as
improved in both the before and after situations.
Signs - Should a trade sign or income producing sign be discovered within the taking area,
the Appraiser should consult with the County for specific instructions on valuation and I or
compensation regarding the signage. When preparing an appraisal report for condemnation,
the appraiser should include the depreciated replacement cost of the signage in the total
estimate of compensation due the property owner. A cost to cure the damage resulting from
the absence of the sign is then applied in order to make the property owner "whole."
Special Benefits - The Appraiser should consult with the County prior to assigning special
benefits to a remainder property.
Rounding - All numbers below $1,000 will be rounded to the nearest $50 increment. All
numbers above $1,000 and below $100,000 will be rounded to the nearest $100 increment.
Everything over $100,000 will be rounded to the nearest $1,000 increment.
DATA BOOKS
GENERAL NOTE: For multiple appraisal assignments a Data Book may be required in
accordance with the terms of the Appraisal Agreement between the Appraiser and Collier
County, Florida. Should the County desire that a data book be prepared for an appraisal
project, such will be stipulated in the bid solicitation generated by County staff, and it shall
be made a specific condition in the Appraisal Agreement between the Appraiser and Collier
County. Absent any such stipulation, a data book will not be required.
All of the sales sheets as well as the narrative discussion of the appraiser's market
observations and adjustments should be on 81/2" x 11" paper bound by a three ring binder
to accommodate the easy insertion of new sales sheets into the data book. A cover page
identifying the project for which the data book is prepared, the name of the appraiser, and
the date of its compilation, should be followed by a Table of Contents which must identify
the major sections into which the data book is divided. The data book must contain the
following:
1. Regional and neighborhood description and analysis. This information may be
omitted from each individual appraisal report as long as the written report directs the
reader's attention to the fact that this information is presented in the data book.
2. A "Sales Map" or "Location Map" showing the location of each comparable sale
property for which a Sales Data Sheet is contained in the Data Book. Such maps must be of a
scale, and produced with clarity, such that the location of each comparable sale property is
Page 13 of 15
16811
discernible by the reader. Any Listings employed by the appraiser must also be shown on
the maps.
Separate tabbed sections for: (1) vacant land Sales Data Sheets, subdivided into groupings
based upon highest and best use, with listings grouped together within each sub-group; (2)
improved property Sales Data Sheets, subdivided into separate groups based upon present
use, with listings grouped together within each sub-group; (3) market adjustment studies; (4)
income, expense and capitalization rate studies; (5) regional analysis (unless the terms of the
agreement between Collier County and the Appraiser specifically exclude regional analysis
from the scope of the assignment(s); (6) neighborhood analysis; (7) applicable excerpts from
zoning regulations or such other reference materials upon which the Appraiser has
specifically relied in developing the appraisals; and (8) any special studies and! or
comparative analyses made during the development of the appraisals, and! or which were
already in existence and upon which the Appraiser relied during the development of the
appraisals.
Page 14 of 15
16B11
EXHIBIT B
RATE SCHEDULE
Personnel Category
Appraiser
Staff Appraiser
Teclmical Assistance/Clerical
Researcher
Expert Witness
Rate per hour
$150.00
$125.00
$ 60.00
$ 85.00
$200.00
This list is not intended to be all inclusive. Hourly rate fees for other categories of
professional, support and other services shall be mutually negotiated by the County and firm
on a project by project basis as needed
Page 15 of 15
, I n 1 1
ACORD. CERTIFICATE OF LIABILITY INSURANCE OPID ot \ .jJ i>JrE VY)
AMERAC 12/01/08
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO~
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
North _rican Group HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
5100 N Classen Blvd. Suite 300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
Oklahoma City OK 73118
Phone: 800-880-0291 Fax: 405-556-2332 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: ~r.veler. I'rop ea. Co c4. .a-z 25674
INSURER B: Federal Insurance Co 20281
American Acquisition Group INSURER c:
Wade Brown
5600 Marine~ st!eet, Suite 104 INSURER o.
Tampa rL 33 09- 443 INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTEO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POlICY PERtoO 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. AGGREGATE LMTS SHOWN MAY HAVE BEEN REDUCED BY PAID CL.AlMS.
LTft NOll TYPE OF INSURANCE POLICY NUMBI!!:R ~ DATE:"fMMlDDlYVY LIMITS
GENI!:RAi. LIABILITY EACH OCCURRENCE .1,000,000
A X St COMMERCIAL GENER....l LIABILITY 16602808L911 07/15/08 07/15/09 PREMISES (E. occurence) '100,000
I CLAIMS MADE ~ OCCUR -
MED EXP (Anyone pef5Of1) .5,000
I-- PERSONAL & ADV INJURY '1,000,000
NO DEDUCTIBLE GENERAL AGGREGATE .2,000,000
c-
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS. COMPIOP AGG .2,000,000
~ POLICY n j~& n LOG
AUTOMOBtLE LIABILITY COMBINED SINGLE L1Mrr
c- 51,000,000
A ~ ANY AUTO BA0608M255 02/05/08 02/05/09 (Eaaccident)
I-- ALL OWNED AUTOS NO DEDUCTIBLE BODIlY INJURY
(per person) .
SCHEDULED AUTOS
c-
~ HIRED AUTOS BODILY INJURY
.
~ NON.QWNED AUTOS (per accident)
c- PROPERTY DAMAGE .
(Per accident)
ROE LIA.ILlTY AlITO ONLY. EA ACCIDENT .
ANY AUTO I OTHER THAN EAACC .
, AUTO ONLY:
AGG .
t5ESSlUMBRELLA L1ASILlTY EACH OCCURRENCE .5,000,000
A X OCCUR D CLAIMS MADE CUP8559Y665 07/15/08 07/15/09 AGGREGATE . 5,000,000
.
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X RETENTION 010 000 .
WORKEft.COMPENSAnONANO ITORV LIMIT, I iV..'
EMPLOYERS' LIA8tLITY E.L EACH ACCIDENT
ANY PROPRIETORIPARTNERlEXECUTlVE 5
OFFICERlMEMBER EXCLUDED? EL. DISEASE - EA EMPLOYEE S
~, describe under , e,L DISEASE - POLICY LIMIT 5
ECIAL PROVISIONS below
. OTHEft I
B Prof Liability 82086044 i 07/15/08 07/15/09 Li.mi. ts $1mm/ $1mm
, Retention 10 000
,
OUCRlPTlOH Of' OPERATIONS I LOCATIONS I VEHICLI!S I EXCLUSIONS ADDED BY EHDO"-SEMENT I SPECIAL PROVISIONS
CERTIFICATE HOLDER IS INCLUDED AS ADDITIONAL INSUllED AS REPECTS GENERAL
LIABILITY rOR WORE PERJ'OIWED BY TIlE NAMED INSUllED, IF REQUIRED IN WRITTEN
CONTRACT - SUBJECT TO PROVISIONS AND EXCLUSIONS OF THE POLICY.
CERTIFICATE HOLDER
CANCELLATION
COLLIER COUNTY BOARD OF
COUNTY COMIaSSIONERS
NAPLES, FLORIDA
NAPLES FL 34112
SHOULD ANY OF THE AISOVE DESCRIBED POLICIES BE CANCELLED BEfORE THE EXptRAT
DATE THEREOf, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE ce"-T1FICATE HOLDER NAMED TO THE LEFT, SUT FAILUftE TO DO SO SHALL
IMPOSE NO OBLIGATION OR L1AStLlTY OF ANY KIND UPON THE INSURER, ITS AGENTS Oft:
REPRESEN ATIVES.
AU D I! NTA-TIVE
ACORD 25 (2001108)
C> ACORD CORPORATION 1
16811
ACORD. CERTIFICATE OF LIABILITY INSURANCE OP 10 J6 I DATE (MMItlDfYYYY)
AMERI17 12/02/08
PROOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Heacock Insurance Group, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
P.O. Box 7788 ALTER THE COVERAGE AFFORDED BY THE POLICIES 8ElOW.
Sebring FL 33872-7788
Phone: 863-385-5171 Fax: 863-385-4130 INSURERS AFFORDING COVERAGE NAIe #
......0 INSURER A Zurich Insurance COIDDanv 19305
INSURER 8
American Acquisition Group LLC INSURER C
wag_ Brown
56 0 K Ma~iner St Ste 104 INSURER 0
Tampa FL 3609
INSlRER E
COVERAGES
n-E POLICIES ~ INSURANCE LISTED BELOW HAVE BEEN ISSUED TO T1-E INSURED NAMED ABOVE FOR THE POLICY PERIOD If\OleATED NOTWITHSTPNDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCWENT WITH RESPECT TO WHICH 1HIS CERTIFICATE MAYBE ISSUED OR
MAY PERTAIN, THE IN$URAl'K:E AFFORDED BY THE POLICIES DESCf:1IBED H:REIN IS S1.6JECT TO AlL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOVv'N MAY HAVE BEEN REOUCED BY PAID CLAIMS
LTR SR TYPE OF INSURANCE I POLICY NUMBER r-D"-TIE (Mwoof'c'Y) O....TE {MMlDDNYI L.....
GENERAL. L.lABLITY ! EACH OCCURRENCE I
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COM'oAERClAL GE!\ERAL LIABILITY I PREMISES (Ell occurencs) I
I CLAIMS MADE D OCCL.R MED EXP (My one ~rson) I
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AUTOMOBLE UABLITY COMBII>€O SiNGlE LIMIT
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f-- I
SCHEDULED AUTOS (Perpersoo)
I-
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l- I
NON-OVIIt>.ED AUTOS (Per occident)
f--
f-- PROPERTY DMlAGE I
(Per Elccident)
GARAGE LIABILITY AUTO ON.. Y - EAACCIDENT I
R !>NY AUTO , EA ACe I
I OTHER THAN
AUTOON..Y AGG I
EXCESSIUMBRELLA LlABLITY EACH OCCURRENCE I
b OCCL.R 0 CLAIMS MADE AGGREGATE I
I
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RETENTION I I
WORKERS COMPENSATION AND X !rooy LIMITS I IU~~
A EMPLOYERS' UA8l..ITY 03043089200 0"1/12/08 07/12/09 1500000
.ANY PROPRIETORJPARTI'JERlEXECUTIVE E L EACH ACCIDENT
OFFICERh.'rE~R EXCLUDED? E L DISEASE - EA EMPlOYEE 1500000
~~~~~V\S~~S belOl'j E L DISEASE - POLICY LIMIT 1500000
cmER
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i
DE8C OPERAllONS I LOCATIONS I VEHlCL ~s I EXCLUSIONS ADDlED BY ENDORSEMENT I SPKlAL PROVISIONS
COLLII!:1
CANCELLATION
SHOULD /W'( OF THe ABOVE DESCRIBED "OLtcIES BI CANCElLED BEIIOPl:I ne EX"RA11ON
DATI TtEREOF, lHE ISSlHNG INSUREfll WLL ENDEAVOR TO MAIL 10 DAYS WRI'T'TEN
NOnce TO 1HE CERTlFICATi HOlDER NAMED TO THE LEFT, BlIT fALURE TO DO SO SHALL
M"OSE NO oeUGATION OR LIABILITY OF ANY t<lND UPON THE ~SURER. ITS AGENTS OR
REPRESENTATlVES.
.ACORDCORPORATION1~
CERTIFICATE HOLDER
Collier County Board o~ County
Commissioners Naples, Florida
3301 E Tamiam1 Trail
Naples FL 34112
ACORD 25 {2OO11081
16811
MEMORANDUM
Date:
December 30, 2008
To:
Rhonda Cummings, Contract Specialist
Purchasing Department
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Contract No.: 08-5067
"Real Estate Appraisal Service"
Contractor: Kenneth R. Devos
Enclosed please find one (I) original contract, as referenced above,
(Agenda Item #16BII), approved by the Board of County
Commissioners on Tuesday, December 2, 2008.
An original is being kept in the Minutes and Records Department as part
of the Board's permanent records.
If you should have any questions, please contact me at 252-7240.
Thank you.
Enclosures
16811
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPA,,\,Y ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Plint on pink paper. Attach to original document. Original dOCU11lCllh should be hand delivered 10 th~ Board Office, 111e completed rOLlting slip and original
documents are to be forwarded to the Board Olliee only after th,," Board has taken action on t}IC itelll_)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, andlor information needed. If the document is already complete with the
excention oflne Chairman's signature, draw a line through routillO! lints #1 through #4, complete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4. Jeffrey A. Klatzkow, County Attorney County Attorney JAK 12-23-08
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
-
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approva1. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bec Chairman's signature are 10 bc delivered to the 13CC office only after the Bee has acted to approve the
item.)
Name of Primary Staff Rhonda Cummings, Contract Specialist Phone J\'umber 252-8941
Contact
Agenda Date Item was December 2, 2008 Agenda Item Nnmber 16.B.II
Approved by the BCC
Type of Document Contract #08-5067 Number of Original Two
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes coluI1ll1 or mark "N/A" in the Not Applicable coluI1ll1, whIchever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chainnan, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts,' agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibly State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties except the BCC Chainnan and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final negotiated contract date whichever is applicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exceptlOn), the original document and this routing slip
should be provided to Sue Filson in the Bee office within 24 hours of Bee approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the Bee's actions are nullified. Be aware of your deadlines!
The document was approved hy the BCC on 12-2-08 and all changes made dnring the
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan es, if applicable.
Yes
(Initial)
JAK
N/A(Not
A lieable)
2.
3.
4.
5.
6.
JAK
JAK
JAK
JAK
JAK
1: Forms/ County FonnsJ Bee Forms! Original Documents Routing Slip WWS Orillina) 9.03.04, Revised 1.26.05, kevised 2.24JJ5
08-PRe-O! 060/2
16811
A G R E E MEN T 08-5067
for
Real Estate Appraisal Services
THIS AGREEMENT, made and entered into on this ~"-<~ day of .De.c~",1ow.-2008, by and
between Kenneth R. Devos, MAl, SRA, authorized to do business in the State of Florida,
whose business address is 8359 Beacon Boulevard, Suite 411, Fort Myers, Florida 33907,
hereinafter called the "Appraiser" (or "Consultant") and Collier County, a political
subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County":
WITNESSETH:
1. COMMENCEMENT. The Agreement shall commence upon issuance of a Purchase
Order and a Notice to Proceed. In accordance with RFP 08-5067 "Real Estate Appraisal
Services", Appraiser shall provide a written fee proposal to the County for each service,
hereinafter "Work", to be performed under this Agreement. Upon approval by the
Project Manager, a Purchase Order and a Notice to Proceed shall be issued for the
service as specified in the proposal. The Appraiser shall then provide the specified
service to the County. The Agreement shall be for a one (1) year period, effective on the
date the Agreement is approved by the Board of County Commissioners.
The County may, at its discretion and with the consent of the Appraiser, renew the
Agreement under all of the terms and conditions contained in this Agreement for three
(3) additional one (1) year periods. The County shall give the Appraiser written notice
of the County's intention to extend the Agreement term not less than ten (10) days prior
to the end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Appraiser shall provide real estate appraisal services
in accordance with the terms and conditions of RFP #08-5067, Exhibit "A" Scope of
Services, and the Appraiser's proposal referred to herein and made an integral part of
this agreement. This Agreement contains the entire understanding between the parties
and any modifications to this Agreement shall be mutually agreed upon in writing by
the Appraiser and the County project manager or his designee, in compliance with the
County Purchasing Policy and Administrative Procedures in effect at the time such
services are authorized.
3. COMPENSATION: The County shall pay the Appraiser for the performance of this
Agreement upon completion or partial completion of the work tasks as accepted and
approved by the County Project Manager or his designee pursuant to the fees as set
forth in Exhibit "B", included in this agreement, together with the Travel and
Reimbursable Expenses as defined in this agreement. Payments shall be made to the
Page I of 15
16B11
Appraiser when requested as services are rendered, but not more frequently than once
per month, on an estimated percentage complete for the Labor and Expenses Fee and at
actual costs for Travel Expenses. Payment will be made upon receipt of a proper invoice
and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local
Government Prompt Payment Act". Reimbursable expenses shall be invoiced for the
expenditures incurred by the Consultant as follows:
Expenses of transportation and living when traveling in connection with each
Purchase Order, except for local travel within Collier or Lee Counties, as provided in
Section 112.061, F.s., and all Agreement-related mileage for trips that are from/to
destinations outside of Collier or Lee Counties approved in advance by the County.
The time reported by the Appraiser to perform specific work related to litigation is
subject to final approval by the County Attorney, or by an attorney employed by and
representing the County. Appraiser's invoice must contain a description of the service
provided, project and parcel number (or name), and the amount of fee payable. The
Appraiser shall maintain documentation for all fees charged under the terms of this
Agreement for a period of not less than three (3) years from the date of the final
invoice for appraisal services rendered relative to a Property. Fees for the services of
any and all subcontractors and sub consultants employed by Appraiser must be
authorized in advance by County Purchase Order.
Reimbursement rates as provided in Section 112.061, Florida Statutes, currently:
Mileage: $ 44.5 per mile
Breakfast: $ 6.00
Lunch: $11.00
Dinner: $ 19.00
Airfare: Actual ticket cost of Coach Fare
Rental car: Actual rental cost of midsize or smaller car
Lodging: Actual cost of reasonable lodging at single occupancy rate
Parking: Actual cost of parking
4. COMPLETION/CORRECTION. If a substantially completed written appraisal report
(original) is delivered to the County by the due date, or by a date mutually agreed upon,
but which report fails to comply with the USP AP, or which report contains errors or
omissions from within either the body or the addenda, Appraiser shall, within fourteen
(14) calendar days from the date of notification by the County Project Manager, furnish
such corrected and/ or additional pages which will bring the appraisal report into
compliance with the USP AP and/or correct such errors and omissions (if any). No
penalty for late performance will be charged against the Appraiser within said fourteen
(14) day period. Nor shall Appraiser charge the County any additional fees from
bringing written appraisal reports into compliance with the USP AP, for correcting any
errors, or for providing previously omitted materials.
5. DEDUCTIONS FOR NON-PERFORMANCE. It is acknowledged that time is of the
essence. The County reserves the right to deduct portions of the (monthly) invoiced
amount for items not completed within the expressed time frame. These funds would be
Page 2 of 15
16811
forfeited by the Appraiser and that the following schedule shall govern the deduction
for late performance:
(a) In the event that the services are not completed and submitted to County in
accordance with the due date as set forth in a County Purchase Order; then County at
its discretion may reduce the fee payable to Appraiser by seven percent (7%) for each
week, or portion thereof, for every week the services are past due; or
(b) In the event that circumstances beyond the control of Appraiser cause completion
of the services to be delayed beyond the due date as set forth in a County Purchase
Order, and prior to said due date there is a mutual understanding between the parties
to this Agreement that such delays were beyond the control of Appraiser, County may
issue an written extension of the due date without penalty deduction. Said extension
shall cite the reason for delay in completion of the appraisal report and shall set a new
due date for submission of the report. Deductions as described above shall apply to
the revised due date.
6. SALES TAX. Appraiser shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work.
7. CONTRACT ADMINISTRATION. The Transportation Right of Way Acquisition
Manager or the Manager's designee (hereinafter referred to as "Contract Manager"),
shall be responsible for ensuring performance under the terms and conditions of this
Agreement.
8. MEETINGS. Appraiser shall meet with the Contract Manager to discuss the Work at a
time(s) and place(s) of meeting(s) which shall be established by mutual agreement of the
parties to this Agreement.
9. CERTIFICATE OF APPRAISAL. In accordance with the Work, all Certificates of
Appraisal shall be signed by Kenneth R. Devos, MAl, SRA. In addition, at the
discretion of Appraiser, one (1) associate appraiser, either working in a contractual
relationship or as an employee of Appraiser, is hereby authorized by County to sign the
Certificate of Appraisal. All persons consulted by Appraiser in the making of appraisals
under the terms of this Agreement must be properly identified in the written appraisal
report(s).
10. CONFIDENTIALITY. Subject to the requirements of the Florida Public Records Act,
Chapter 119, Fla. Stat., and the Florida Sunshine Law, Chapter 286, Fla. Stat., Appraiser
shall neither discuss nor divulge the contents of the written appraisal reports relating to
the Property with anyone without the approval of the Contract Manager. Further,
Appraiser shall save harmless the County from all claims or liabilities, including court
costs and attorneys fees, due to Appraiser's activities, or those of Appraiser's agents or
employees, and shall not engage in any business transactions involving any of the
properties appraised under the terms and conditions of this Agreement for a period of
Page 3 of 15
16811
one (1) year from the date of valuation of the latest appraisal, or updated appraisal, of
any of the Property.
11. UNLAWFUL SOLICITATION AND ASSIGNMENT OF AGREEMENT. By the
execution of this Agreement, Appraiser warrants that it has not employed, retained,
paid, or agreed to pay, any company or person, other than a bona fide employee, to
solicit or secure this Agreement contingent upon, or resulting from, the award or
making of this Agreement. Appraiser further warrants that no part of the total of the
fees payable under the terms of this Agreement shall be paid directly or indirectly to
any employee of the County as wages, compensation, or gift in exchange for acting as
officer agent, employee, subcontractor, or consultant to the Appraiser in connection
with any appraisal work performed or contemplated under the terms of this Agreement,
without prior County approval. Appraiser further warrants that there shall be no
transfer or assignment of any part of this Agreement, except by the written approval of
the Contract Manager. For breach or violation of this warranty County shall have the
right to terminate this Agreement immediately without financial obligation, or to
pursue any other available remedies.
12. NOTICES. All notices from the County to the Appraiser shall be deemed duly served if
mailed or faxed to the Appraiser at the following Address:
Kenneth R. Devos, MAl, SRA
8359 Beacon Blvd., Suite 411
Ft. Myers, FL 33907
Phone: 239-437-2245; Fax: 239-437-2250
All Notices from the Appraiser to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attention: Steve Carnell, Purchasing/GS Director
Telephone: 239-252-8371
Facsimile: 239-252-6584
The Appraiser and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
13. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Appraiser or to constitute the Appraiser as
an agent of the County.
Page 4 of 15
16811
14. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Appraiser. Payment
for all such permits issued by the County shall be processed internally by the County.
All non-County permits necessary for the prosecution of the Work shall be procured
and paid for by the Appraiser. The Appraiser shall also be solely responsible for
payment of any and all taxes levied on the Appraiser. In addition, the Appraiser shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Appraiser agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Appraiser.
15. NO IMPROPER USE. The Appraiser will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Appraiser or
if the County or its authorized representative shall deem any conduct on the part of the
Appraiser to be objectionable or improper, the County shall have the right to suspend
this Agreement. Should the Appraiser fail to correct any such violation, conduct, or
practice to the satisfaction of the County within twenty-four (24) hours after receiving
notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured. The Appraiser further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the
County.
16. TERMINATION. Should the Appraiser be found to have failed to perform his services
in a manner satisfactory to the County as per this Agreement, the County may terminate
said agreement immediately for cause; further the County may terminate this
Agreement for convenience with a thirty (30) day written notice. The County shall be
sole judge of non-performance.
17. NO DISCRIMINATION. The Appraiser agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
18. INSURANCE. The Appraiser shall provide insurance as follows:
A. Commercial General Liabilitv: Coverage shall have minimum limits of $1,000,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
Appraisers; Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership.
Page 5 of 15
16B 11
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $500,000
for each accident.
D. Professional Liability Insurance: Professional Liability Insurance shall be
maintained by the Appraiser to insure its legal liability for claims arising out of the
performance of professional services under this Agreement. Appraiser waives its
right of recovery against OWNER as to any claims under this insurance. Such
insurance shall have limits of not less than $1,000,000 per occurrence.
Special Requirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Appraiser during the duration of this Agreement. Renewal
certificates shall be sent to the County thirty (30) days prior to any expiration date.
There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage.
Appraiser shall insure that all sub consultants or subcontractors comply with the
same insurance requirements that he is required to meet. The same Appraiser
shall provide County with certificates of insurance meeting the required insurance
provIsIOns.
19. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Appraiser
shall indemnify and hold harmless Collier County, its officers and employees from any
and all liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness,
or intentionally wrongful conduct of the Appraiser or anyone employed or utilized by
the Appraiser in the performance of this Agreement. This indemnification obligation
shall not be construed to negate, abridge or reduce any other rights or remedies which
otherwise may be available to an indemnified party or person described in this
paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
20. CONFLICT OF INTEREST: Appraiser represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Appraiser further represents that
no persons having any such interest shall be employed to perform those services.
Page 6 of 15
16811
21. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the
attached component parts, all of which are as fully a part of the Agreement as if herein
set out verbatim: Appraiser's Proposal, Insurance Certificate, RFP #08-5067 Scope of
Services and two (2) Addenda.
22. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
23. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, firm, and! or any employee of the firm
from contact with County staff for a specified period of time; b. Prohibition by the
individual and! or firm from doing business with the County for a specified period of
time, including but not limited to: submitting bids, RFP, and! or quotes; and, c.
immediate termination of any contract held by the individual and! or firm for cause.
24. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement,
the Appraiser is formally acknowledging without exception or stipulation that it is fully
responsible for complying with the provisions of the Immigration Reform and Control
Act of 1986 as located at 8 U.s.e. 1324, et seq. and regulations relating thereto, as either
may be amended. Failure by the Appraiser to comply with the laws referenced herein
shall constitute a breach of this agreement and the County shall have the discretion to
unilaterally terminate this agreement immediately.
25. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
26. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant Agreement to other governmental entities at
the discretion of the successful proposer.
27. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
28. ADDITIONAL ITEMS/SERVICES. Additional items and! or services may be added to
this Agreement upon satisfactory negotiation of price by the Contract Manager and
Appraiser.
Page 7 of 15
16B11
29. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be
attended by representatives of Appraiser with full decision-making authority and by
County's staff person who would make the presentation of any settlement reached
during negotiations to County for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Appraiser with full decision-making authority
and by County's staff person who would make the presentation of any settlement
reached at mediation to County's board for approval. Should either party fail to submit
to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal
or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
30. KEY PERSONNEUPROTECT STAFFING: The Appraiser's personnel and management
to be utilized for this project shall be knowledgeable in their areas of expertise. The
County reserves the right to perform investigations as may be deemed necessary to
insure that competent persons will be utilized in the performance of the Agreement.
Selected firm shall assign as many people as necessary to complete the Work on a timely
basis, and each person assigned shall be available for an amount of time adequate to
meet the dates set forth in the Purchase Order. Firm shall not change Key Personnel
unless the following conditions are met: (1) Proposed replacements have substantially
the same or better qualifications and/ or experience. (2) That the County is notified in
writing as far in advance as possible. Firm shall make commercially reasonable efforts to
notify Collier County within seven (7) days of the change. The County retains final
approval of proposed replacement personnel.
Page 8 of 15
16Bll
IN WITNESS WHEREOF, the Appraiser and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
ATTEST: . ..
\ . "
Dwig4f'E.Brock;Clerk of Courts
~.".""'.."c."'^.'.
..,~
By~..,
Dated: tl-rPJn~~;?.oo
. (SEAL)'"
AtteSt., to. CI!-"'" .
s I gnat lire' 0'Il'f1i
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
j
,
By:
Tom Henning, Ch rman
APPRAISER
Kenneth R. Devos, MAl, SRA
~ 'i5~
F~SS
By: ,/ (, --7-&/'~/{. /L-?~
Signature
ess namet
dAJJ
{Zn(~ Witn1Tu&s
tType/print witness namet
A;7117?0' .j:/~ r0f/ 5
Typed signature and title
/<;:~/p /Jd/O I'- :0,r;-
Approved as to form and
legal suffi ien :
Page 9 of 15
16Bl1
EXHIBIT A
Scope of Services
COLLIER COUNTY SUPPLEMENTAL APPRAISAL STANDARDS
(A Supplement to the Uniform Standards of Professional Appraisal Practice)
The following standards governing the preparation of written appraisal reports for Collier
County, Florida, are intended to clarify the expectations for the content of each and every
written appraisal report (whether Self-Contained or Summary) prepared for the Board of
County Commissioners and / or the various Divisions and Departments under the County
Manager. Where there may seem to be a conflict between these standards and the scope of
any assignment undertaken for the County, the appraiser should consult with the Right-of-
Way Design and Valuation Coordinator, Real Property Management Department, for further
clarification. Each appraiser and appraisal firm qualified to provide appraisal services for the
Board of County Commissioners of Collier County, Florida, is responsible for obtaining and
maintaining a current copy of the Uniform Standards of Professional Appraisal Practice
(USP AP).
DATE OF VALUE
Unless a retrospective appraisal with a previous date of value was specifically ordered by
Collier County, or unless the Appraiser has been specifically instructed otherwise (as for a
date-of-deposit appraisal), the date of value of the appraisal, being the Appraiser's last
inspection of the subject property, shall be within two (2) weeks of the date of submission of
the draft appraisal report to the Right-of-Way Design and Valuation Coordinator.
STRUCTURES
Where all or a portion of a structure is located on the real estate being acquired by County,
Appraiser shall include the following information in the narrative description of the
property: [a] a statement as to the character (residential or business) of the structure's
occupant(s); [b] the name(s) of the occupant(s); and [c] a statement as to the legal status of
the occupant (tenant with or without lease, owner-occupant, etc.)
SALES LOCATION MAPS
Each written appraisal report shall contain at least one map upon which shall be plotted all of
the comparable sales analyzed during the development of the appraisal. If the comparable
sales cover such an extensive geographic area that a one page map would be illegible, then
more than one map is encouraged, each at a scale which is legible to the reader, i.e., where
common streets, rivers, canals, city blocks, etc. are recognizable.
REPORT JACKETS
All appraisal reports (originals and copies) must be bound with front and rear covers made
of plastic, heavy card stock.
Page 10 of 15
16Pl1
SALES DATA SHEETS
Sales Data Sheets must be accompanied by a location map which clearly shows the
comparable sale property in relation to its neighborhood (which map may appear on the
same page as the sales data). The following information must be readily apparent from a
review of the map and/or the written information provided:
o Date of sale and recording data - Grantor I Grantee and type of conveyance
instrument. lf the sale property is located in a County besides Collier, a copy of the deed of
transfer must be provided as well.
o Location and legal description (a copy of the deed of transfer may be included with
the sales data sheet precluding the need to reprint the property's legal description).
o Parcel size, access and road frontage (if applicable).
o Present use and description of improvements (if any).
o Zoning.
o Existing and available utilities.
o Sale price, financing, cash equivalent price, and unit price.
o Verification data: parties to the transaction, comments on the motivation of the
parties, comments as to how the parties allocated value among the land and various
improvements (if available).
o Appraiser's comments.
SALES GRIDS
Each appraisal report shall contain a table of the sales most relied upon by the appraiser in
reaching a final value reconciliation. This table (a/kl a "sales grid") is an effective
communication tool, and is of great value to all but the most casual reader of the appraisal
report. The sales grid must identify each sale by number or name, include the date of the
sale, the size of the sale property, zoning, purchase price, unit price (and where appropriate,
the price per dwelling unit), and a column or row for each item of comparison for which
adjustments were made by the appraiser. The sales grid must also contain a column or row
to show the subject's attributes in comparison with the most-relied-upon sales.
ADJUSTMENTS TO CaMP ARABLE SALES
In addition to Self-Contained appraisal reports, Summary appraisal reports prepared for the
County shall contain a detailed narrative explaining the adjustments made to the comparable
sales including the appraiser's reasoning and the data which forms the basis for the extent of
each adjustment.
Page I I of 15
16811
PARENT TRACT
After application of the three common tests to determine the parent tract for the subject
property (contiguity, unity of use, and unity of ownership), the Appraiser must include a
sketch of the whole property in the appraisal report; and, in the case of a partial taking, must
show on the sketch the part being acquired by the County. Unless Collier County provides
the Appraiser with a parent tract determination and an area calculation for the parent tract, it
is the responsibility of the Appraiser to calculate the area of the parent tract.
PARTIAL TAKINGS
Areas (in general) - While the area of the part being acquired will be provided by the County,
it is the responsibility of the Appraiser to calculate the area of the remainder tract.
Areas (easements) - Remainder areas should be the same after the taking of easements as the
area of the parent tract prior to the taking. The value after the taking should reflect that a
portion of the parent tract is encumbered by the easement taken by the County.
Cost-to-Cure Severance Damages - There must be damage to the remainder real estate before
a cure can be applied. Damages must be supported with market data and specified in dollar
terms. Without this supporting documentation, Collier County cannot be assured that the
cost of the cure will be less than the damages to which the property owner would otherwise
be entitled.
If the cure chosen by the appraiser includes a payment to the property owner to re-establish,
construct, or install a feature upon the remainder, for which the property owner has been
compensated in the value of the part taken, then the compensation for the taken feature shall
be deducted from the total compensation due the property owner. For example: if
compensation includes the depreciated replacement cost of fencing located within the take
area, and the proposed "cure" includes the installation of fencing upon the remainder, the
purpose of which is essentially to replace that fencing taken by the County, the depreciated
replacement cost of the fencing being taken, for which the property owner has already been
compensated, must be deducted from the total compensation due the property owner.
In addition, if the cure involves the relocation of amenities or parking (or anything else that
takes up useable space) onto the remainder property, the appraisal must address
compensation for the loss of that area occupied by the relocated feature.
As a matter of general policy, in order to avoid disputes over the quality of relocation work
performed by the County or its contractors, Collier County will seek to limit its liability by
paying the depreciated replacement cost for everything within the take area, and/ or by
paying the owner to relocate certain improvements onto the remainder at a location of their
choosing. Generally, it is better for the County to purchase anything within the take area,
rather than taking it in good faith that a property owner will relocate an improvement from
the right-of-way by that point in time that the right-of-way should be clear and ready for
construction.
Page12of15
16B11
Land and Affected Improvements Only on Improved Parcels - If it is the Appraiser's
judgment that the primary improvements located upon the remainder property are
unaffected by the taking, and after consideration of the possibility of any damages accruing
to the remainder property, the Appraiser may elect to prepare a before and after estimate of
the value of the land only. Such before and after values must be clearly labeled in the
appraisal report; and such an appraisal report must contain an explanation and brief
discussion of the factors considered in electing not to appraise the value of the property as
improved in both the before and after situations.
Signs - Should a trade sign or income producing sign be discovered within the taking area,
the Appraiser should consult with the County for specific instructions on valuation and/ or
compensation regarding the signage. When preparing an appraisal report for condemnation,
the appraiser should include the depreciated replacement cost of the signage in the total
estimate of compensation due the property owner. A cost to cure the damage resulting from
the absence of the sign is then applied in order to make the property owner "whole."
Special Benefits - The Appraiser should consult with the County prior to assigning special
benefits to a remainder property.
Rounding - All numbers below $1,000 will be rounded to the nearest $50 increment. All
numbers above $1,000 and below $100,000 will be rounded to the nearest $100 increment.
Everything over $100,000 will be rounded to the nearest $1,000 increment.
DATA BOOKS
GENERAL NOTE: For multiple appraisal assignments a Data Book may be required in
accordance with the terms of the Appraisal Agreement between the Appraiser and Collier
County, Florida. Should the County desire that a data book be prepared for an appraisal
project, such will be stipulated in the bid solicitation generated by County staff, and it shall
be made a specific condition in the Appraisal Agreement between the Appraiser and Collier
County. Absent any such stipulation, a data book will not be required.
All of the sales sheets as well as the narrative discussion of the appraiser's market
observations and adjustments should be on 81/2" x 11" paper bound by a three ring binder
to accommodate the easy insertion of new sales sheets into the data book. A cover page
identifying the project for which the data book is prepared, the name of the appraiser, and
the date of its compilation, should be followed by a Table of Contents which must identify
the major sections into which the data book is divided. The data book must contain the
following:
1. Regional and neighborhood description and analysis. This information may be
omitted from each individual appraisal report as long as the written report directs the
reader's attention to the fact that this information is presented in the data book.
2. A "Sales Map" or "Location Map" showing the location of each comparable sale
property for which a Sales Data Sheet is contained in the Data Book. Such maps must be of a
scale, and produced with clarity, such that the location of each comparable sale property is
Page 13 of 15
16811
discernible by the reader. Any Listings employed by the appraiser must also be shown on
the maps.
Separate tabbed sections for: (1) vacant land Sales Data Sheets, subdivided into groupings
based upon highest and best use, with listings grouped together within each sub-group; (2)
improved property Sales Data Sheets, subdivided into separate groups based upon present
use, with listings grouped together within each sub-group; (3) market adjustment studies; (4)
income, expense and capitalization rate studies; (5) regional analysis (unless the terms of the
agreement between Collier County and the Appraiser specifically exclude regional analysis
from the scope of the assignment(s); (6) neighborhood analysis; (7) applicable excerpts from
zoning regulations or such other reference materials upon which the Appraiser has
specifically relied in developing the appraisals; and (8) any special studies and! or
comparative analyses made during the development of the appraisals, and! or which were
already in existence and upon which the Appraiser relied during the development of the
appraisals.
Page 14 of 15
16011
EXHIBIT B
RATE SCHEDULE
Personnel Category
Appraiser
Staff Appraiser
Technical Assistance/Clerical
Researcher
Expert Witness
Rate per hour
$150.00
$125.00
$ 60.00
$ 85.00
$200.00
This list is not intended to be all inclusive. Hourly rate fees for other categories of
professional, support and other services shall be mutually negotiated by the County and firm
on a project by project basis as needed
Page 15 of 15
From:Megan Wrtjes FaxID:239-433-4148
Page 1 of2
16811
Date: 121221200B 02:33 PM Page:1 of2
ACORD. CERTIFICATE OF LIABILITY INSURANCE OP 10 MJ I DATE (MMIDDIYYYY)
KENNE-4 12/22/08
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Oswald Trippe and company, Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P. O. Box 60139 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Ft. Myers FL 33906-6139
Phone: 239-433-4535 Fax: 239-433-4148 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A Hartford Insurance Company 19682
INSURER B
Kenneth R Devos MAI SRA I~~SURER C
8359 Beacon Blvd. Suite 411 INSURER 0
Ft Myers FL 33907
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY 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. AGGREGATE LIMITS SHO\NN MAY HAVE 3EEN REDUCED BY PArD CLAIMS
LT. NSR[ TYPE OF INSURANCE POLICY NUMBER I 'OATE (MMfOOIYY) DATE (MMfDDNY) LIMITS
~NERAllIABILlTY EACH OCCURRENCE $1,000,000
A X X COMMERCiAl GENERAL LIABILITY 215BMFM6479 09/07/08 09/07/09 PREMISES (Ea occurence) '300,000
I CLAIMS MADE ~ OCCUR IVED EXP (My one person) . 10,000
f- PERSONAL & ADV INJURY $1,000,000
-.
f- GENERAl AGGReGATE $2,000,000
h'L AGGREGATE LIMIT APPLIES PER: PRODUCTS. COMP/OP AGG '2,000,000
(nPRO- n,
POLICY JECT LOC
~OMOBILE LIABILITY COMBINED SINGLE LIMIT $
ANY AUTO (Eaaccident)
- ~.
- AlL OWNED AUTOS BODILY INJURY
I
SCHEDULED AUTOS (Per person)
-
~ HIRED AUTOS BODILY INJURY
.
~ NON-OWNED Auras (Poraccident)
PROPERTY DAMAGE $
(Peraccicent)
~AGE LlASILln' AUTO ONLY - EA ACCIDENT .
ANY AUTO OTHER THAN EAACC $
AUTO ONLY AGG ,
EXCESSfUMBRElLA LIABILITY EACH OCCURRENCE .
b.OCCUR D CLAIMS MADE AGGREGATE .
$
-.-.-"
R DEDUCTIBLE .
RETENTION . .
WORKERS COMPENSATION AND ITO~Vt:~IIT~S I IU~8"
EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNER/EXECUTIVE EL EACH ACCIDENT I
OFFICERfMEM8ER EXCLUDED? EL DISEASE- EA EMPLOYEE $
ilyes, describe under
SPECiAl PROVISiONS belOW E L. DIStoASE_ POLICY LIMIT I
OTl-lER
DESCRIPTION OF OPERATIONS I lOCATIONS f VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT J SPECIAL PROVISIONS
Col.lier county Board of county conunissioners is named as an additional
insured with interest in insured!s operations with respect to General.
Liabil.ity onl.y per form 55000B, attached to the pol.icy.
CERTIFICATE HOLDER CANCELLATION
COL3 30 1 SHOULD ANY OF THE ABOVE DESCRIBED POliCIES BE CANCEllED BEFORE THE EXPIRATION
DATE THEREOF, THE iSSUING INSURER WilL ENDEAVOR TO MAil 1Q
DAYS WRITTEN
Collier county Board
of County Commissioners
3301 East Tamiami Trail
Naples FL 34112
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHAll
ACORD 25 (200110B)
@ACORD CORPORATION 1988
From:Megan Wrtjes FaxID:239-433-4148
Page2of2
Date.1zf221201~ Splzt
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate hoider in lieu of such endorsement(s)
if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s)
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
FROM :Lewis Insurance & Financial Sv
FAX NO. :2399366381
If':?J\ CERTIFICATE OF INSURANCE
~AII&tam.MPANY DALL6TATE INDEMNITY COMPANY DALLSTATE TEXAS LLOYD'S
THIS CERTIFI~iI!l~IY'~^ MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICA'TE HOLDER
THIS CERTIFICATE DOES NOT AM!NO, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
CIiRTIFICJl. TE HOLDER NAMeD INSURED
Name and Address of partv to Whom thi. c.rtlfiC8te Is luultd Name and Addr8&s of Insured
Collier County Purchasing Depl. Kenneth DeVos
Bldg. G 303 Donora Blvd
3301 Tamiami Trl. E. Fort Myers Beach, FL 33931
Naples, FL 34112
Nov. 26 2008
03: 18FJ ~/3 B 11
Thil. I!II to certify thlrt poIiciH of Insurance listed below Mile been Is&ued to the Insured named above .utliect to the expiratkm da.. ,"dialled belOW.
notwithst.nding an)' requirement, term or oondItKin of any contract or other document with respect to which thla CGrtlftc;ate may be inued or may
pertain. The Inlurance afforded by the polkliH ducribed n.-&in is subject to all the terms, exclusion., Ind CiOndltlon5 of such policies.
TYPE OF INSURANCE AND LIMITS
Policy Effective Expiration
COPERCIAl GENIiRAL UABILITY Number Date Date
Umlt Amount
GENERAl AGGREGATE LIMIT (Ollie< th.n ProduclS - Completed Operations) $
PROOUCTS. COMPLETED OPERATIONS AGGREGATE LIMIT $
PERSONAL AND ADVER11SING INJURY LIMIT $ ---
EACH OCCURRENCE LIMIT $
PHYSICAL DAMAGE LIMIT $ ANY ONE lOSS
MEDICAL EXPENSE LIMIT $ ANY ONE PERSON
WOItKI!M' COMPI!NSAnON & Policy EfflIdiv. Expiration
EMPlOYl!R8' UABllITY Number Date Dolo
C Limits
YIIORKERS' COMPENSATION STATUTORY - In onlv In the foHDwlna sla_:
EMP~OYERs' BODilY INJURY BY ACCIDENT $ EACH ACCIDENT
lIABllI1Y BODilY INJURY BY DISEASE $ EACH EMPLOYEE
BODilY INJURY BY DISEASE $ 0 POliCY LIMIT
AUTOMOBlLI! llAlllllTY Policy Effeotive Expiration
NLMlber 61715722 Dote 9/11/08 Ooto 03111/09
covet..... _I. Umlto
IIlll ANY AUTO [J OWNED AUTOS UHIRED AUTOS Combined Sin. Limit of li.bilitv
BODILY rNJURY & PROPERTY DAMAQE r - $ I EACH ACCIDENT
o SPECIFIED AUTOS o NON-OWNED AUTOS Sclit U.bililv Limits
-1yh$01Y Prupwty Dam.. """n
o OWNED PRIVATE PASSENGER AUTOS $ 250,000 PERSON
o OWNED AUTOS OTHER THAN PRIVATE PASSENGER $ 500 000 S 100,000 ACCIDENT
UMBRa-LA LIABiliTY Policy Effective Expiration
Number 0 Dlte Date
EA CE 1 GENERAl AGGREGATE PRODUCTS. COMPlETED OPERAT1OI'IS AGGREGATE
1$ Ts 1$
OTHER (Snow Policy ElIoctIve Expiration
'.DO 01 Pollcvl Number D.... Da"
oescRlPTlON OF OPERI\TlONM.OCA TIONSNEHICUlSJRE5TRJCTlONSISPEClAlITEMs
-
CANCELLATION ~J:'. . If,of ,,~J-,
Number of da)'s notice 30 11m/O!
b~ tl AuthorIzed RepreMn1lUve Date
Should any ofthe :liIIbove described potlciee be cancelled b the PPiraflon date. the issuing company will endeavor to mail within the nurnMr of
days entered abov., writlf!ln notice to the certif'lClIte htJlde, named above. But failure to ~l!llucl1 notice 'l!Ihall mpose 1'10 obligation or
liabilitv of 1illl'IV kNld lJoan the COmDiln'" its .....ants or tative!o.
_3.2
Proout:l:r: Issue Da~_ 12,J/2(KI~
This ('l'TtlticutC' is iSSlIL't! <IS a lIlatto.:r of infoonaLiol1 only aud
LIABILITY INSl:RANCE ADMIKISTRATORS (onkrs nil righl'l upon the Cl,rtificato:: 1J(Jld~L TIljS Ccrtificat.:
P.O. Box 1319 do..:s IKll amend. L"XtC'nd or ult..'r tlte CO\"..'r'dgC atTordl..'i1 by lite
Santa Barbanl, CA 93102.1319 policy ~Iow
Insured: 122034 COMPAKY AH'ORDIKG COVERAGE
DEVOS. KEKKETII R.
R359 Beacon Blvd, Stc 411 Libert)' Surplus Insurance Corporation
forl Myer~. fL ~3907
~ !t~
Fax Number: 239-437-2250 /" -/J~
Authuri/.cd Repn.:senUit'{/
This is 10 l.:crtify Ihat the policy of in.';;ttntncc IiSh.'ti bclo-w ha~ lx.'Cll is~ued to' the Insured named above tor the policy pcrifH:I
indicaled. Notwithstanding any n.-quiremcnt. tcnn of condition of any contract or other document with rcspccllO whieh (his
Certificate may he issued or may pertain. th(,' insurance affOrded by the policy dc~cribcd herein is subject to all the tenus.
exclusions and c.onditions of such policy. Limit~ shnvv1t may huvc lx'Cll reduced by paid c1aim:-o.
TYPE OF I~SCRA~(T POl.ICY \T\1nrR EFFl:('TIVF DATI' rXf>IRATIO\ O,<\TI' L1\1ITS
Profes..ionalliabihty LS!(K)4!<lQ.U07 IO,'4il00X IO.:4..10t)(j licn~ral Aggregate S IIJOO()()()
Fach (hi:n ... llJ{)fl(KJO
lJes'-'fiption of Operationsl Loc3tions/Specialltcms;
REAL ESTATE APPRAISERS PROFESSIONAL LIABILITY INSI;RANC~
Aggremenl #: lIlI-5067
Certificate l(oldcr: Cancellation:
COLLIER COCKTY BOCC Should the abo\'e described pollc~: ~ cancelled before Ihe
CIO Purchasing I)cpllrtment f"piration dati" thereor, Ihf' i!ll;:,"in~ (:ompan~ will endeavor 10
3301 L Tamiami Tmil mail 30 days nolice, eJ.Cept 10 da}"s notice for nonpa)"ment of
f'\aplcs. FL 34112 premium. to Iht' certincatr holdrr namrd to Ihr Irfl. Ho"".t"ver.
failure to mail such notite shall impose no obligation or
liahilil~' or an~: kind upon the Compao)o" its agenh or
representatives.
CERTIFICATE OF INSURANCE
16811
I
LIA0001 (11/97)
16811
MEMORANDUM
Date:
December 30, 2008
To:
Rhonda Cummings, Contract Specialist
Purchasing Department
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Contract No.: 08-5067
"Real Estate Appraisal Service"
Contractor: Anderson & Carr
Enclosed please find one (1) original contract, as referenced above,
(Agenda Item #16Bll), approved by the Board of County
Commissioners on Tuesday, December 2, 2008.
An original is being kept in the Minutes and Records Department as part
ofthe Board's permanent records.
If you should have any questions, please contact me at 252-7240.
Thank you.
Enclosures
~
ITEM ~j)ec...a())0
FILE NO.:
ROUTED TO:
16811
UIH~t~TeF ffi@EIVED:
COUNTY\TT,)PhIFy
/i) . I)
\../ ,,-
.. DEe 15
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date: December 9, 2008
To:
Office of the County Attorney
Attention: Jeff Klatzkow
1)~\q
: J
,
(n
From: Rhonda Cummings, CPPB, Contract Specialist
Purchasing Department, Extension 8941
-I
r' (--.\
....j:n
C)~
.~'''.1.-,.;
:,',:.'::m
~.).
Re: Contract: #08-5067 "Real Estate Appraisal Service"
Appraisers:
American Acquisition Group
"'Anderson & Carr
Appraisal Group of Central Florida
Boyd, Schmidt and Brannum
Callaw"y & Price
C. Evans
. .,\ v^ .. (j R. Devos
\ "k" \ ~> oalty Resources
V- ,\: \:' '.e Appraisal and Litigation
~ .
! If ".~ 'raisal Services
~.\1)Vi-'" /
._ vr- REQUEST:
r'0
(.,,)
1(j.--I1--- 0 g
C)f\er
r\s.aj~
This contract was approved by the BCC on December 2, 2008;
Agenda Item 16. B.11
" 2..\,,1.\'::),,"10 c\':f:.<'.C ~\'''-'V- \-^. ~c...
This item has not been previously submitted. ~~'~.c__~,c", "'.~=,~"".~~
\,j,,\\\:>~ \r~~~,\~\I'\,<'.C~ C;;\,~v........
C;:Q \r "'- ,~'" <:\
~ <:::''''\'-' E'c:>.pv a.6..V\.s<'.C~ \c \,\c\<-.
OTHER COMMENTS: .~ I( <:5l\r-\'~~0-.,\.<"
Jeff, this is a standard contract with no changes. Please forward to
BCC for signature after approval. If there are any questions concerning the
document, please contact me. Purchasing would appreciate notification when
the documents exit your office. Thank you.
ACTION REQUESTED:
Contract review and approval.
11
RLS # 0
CHECKLIST FOR REVIEWING CONTRACTS
Entity Name:
A{Vt>~ ~i!'N
0j- t f',"1L 1fUC.
,
Insurance
Insurance Certificate attached?
Insured registered in Florida?
Contract # &/or Project referenced on Certificate?
Certificate Holder name conect (BCC)"
Commercial General Liability
General Aggregate Required $__ __ ________
Products/Compl/Op Required $
Personal & Advert Required $
Each OcculTence Required $ ___(+t!Q<j)f_~C.~?
Fire/Prop Damage Required $_ . _ _n____
Automobile Liability
Bodily lnj & Prop Required $5^'<-'+~~ Provided $ ',O<tfi't,,_
Workers Compensation
Each accident Required $ -.i~"'"
Disease Aggregate Required $________________
Disease Each Empl Required $
Umbrella Liability
Each Occurrence Provided $ ______
Aggregate Provided $ _________
Does Umbrella sufficiently cover any underinsured portion?
Professional Liability
Each Occunence Required $ __4-~f2t:~_pc{J__
Per Aggregate Required $__________
Other Insurance
Each Occur Type: Required $_
County required to be named as additlOnal insured?
County named as additional insured?
Entity name correct on contract?
Entity registered with FL See. of State?
Indemnification
Does indemnification meet County standards?
Is County indemnifymg other party"
Performance Bond
Bond requirement referenced in contract?
If attached, expiration date of bond _______ _
Does dollar amount match contract?
Agent registered in Florida?
Signature Blocks
Correct executor name in signature block?
Correct title of executor?
Executor authorized to sign for entity?
Proper number of witnesses/notary?
Authorization for executor to sign, if necessary:
Chairman's signature block?
Clerk's attestation signature block?
County Attorney's signature block?
Attachments
Are all required attachments included?
n~Yes
;;/Yes
No
No
_LVes
..../ Yes
Yes
-'J-Yes
No
No
..LNo
_~No
Date "i /t5-1 tJC(
Date f II
Date \_ I
------------
Date If
Date I f
Provided $ .'}e,,<';qt7I?_
Provided $m___ l t
Provided $ II
Provided $ _--.J_~______
Provided $ _ ~=q,_c~~___
Exp.
Exp.
Exp.
Exp.
Exp.
Exp Date cf /, 1M
Provided $ ~OtJ)tJQ-
Provided $ S'IX)f'<"'-
Provided $ _L~Gff'_
Exp Date 'f /I'i/ DC(
Exp Date __~____
Exp Date I"
Exp Date
Exp Date
Yes
Provided $
Provided $
No
--- ,~,lJt;'t\
.~ Da~ ~lM-I-rY-P'C"'" /tf'l-'
-; / Exp. Date ____
ProVided $
_L,./"Yes
'-"""Yes
Exp Date __
No
No
../ Yes
Yes
No
~No
Yes
No
--.. -Mfr--
Yes
Yes
No
No
/Yes
_ \/,Yes
__'" Yes
2Yes
-------'4B- -.
_--\,LYes
L Yes
.VYes
No
No
No
No
No
No
No
(Ud~~
__~Yes
No
Reviewer Initials~C-
D," Ifi.L'fhoB
04-COA- 103 222
16811
MEMORANDUM
TO: Ray Carter
Risk Management Department
FROM: Rhonda Cummings, FCCN, CPPB, Contract Specialist
Purchasing Department
DATE: December 9,2008
RE: Review of Insurance for Contract: #08-5067 "Real Estate
Appraisal Service"
Appraisers:
American Acquisition Group
,/ Anderson & Carr
Appraisal Group of Central Florida
Boyd, Schmidt and Brannum
Callaway & Price
Kenneth C. Evans
Kenneth R. Devos
Integra Realty Resources
Real Estate Appraisal and Litigation
Retech
Wilcox Appraisal Services
DATE RECEIVED
DElIO 2008
RISK MANAGE.MENl . /
~ivff; { !1/ ~ !pb
Jfff' fftr[iILi/(
This Contract was approved by the BCC on December 2, 2008; Agenda Item
16.B.11
Please review the Insurance Certificates for the above-referenced contract
and forward to the County Attorney's Office for further signature routing.
Thank you. If you have any questions, please contact me at extension 8941.
dod/RC
C: Harry Henderson, TECM/ROW
www.sunbiz.org - Department of State
16"112
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ANDERSON & CARR, INC.
Filing Information
Document Number 150824
FEI Number 590568311
Date Filed 04/24/1947
State FL
Statu~ ACTIVE
La~t Event AMENDMENT
Event Date Filed OS/25/1995
Event Effective Date NONE
Principal Address
521 SOUTH OLIVE AVENUE
WEST PALM BEACH FL 33401
Changed 03/02/2000
Mailing Address
521 SOUTH OLIVE AVENUE
WEST PALM BEACH FL 33401
Changed 03/02/2000
Registered Agent Name & Address
BANTING, ROBERT B PRESIDE
1434 SE ATLANTIC DR
LANTANA FL 33462 US
Name Changed: 01/20/2006
Address Changed: 01/28/1998
OfficerlDirector Detail
Name & Addre~~
TitleVS
CAR DO, FRANK J
6750 ENTRADA PLACE
BOCA RATON FL 33433
Title PT
BANTING, ROBERT B
1434 SW ATLANTIC DRIVE
LANTANA FL 33462
http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in~docnumber=150824&in...11120/2008
www.sunbiz.org - Department of State
16 9'a~ 2}f2
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COPYI-igtlt and Privacy Policies
Copyright @ 2007 State of Florida, Department of State.
http://www.sunbiz.org/scripts/cordet.exe?action=D ETF[L&il1~ doc _ number= 150824&in... 11/20/2008
16 D 11
A G R E E MEN T 08-5067
for
Real Estate Appraisal Services
THIS AGREEMENT, made and entered into on this ~ day off1,NMbH ,2008, by and
between Anderson and Carr, Inc., authorized to do business in the State of Florida, whose
business address is 521 South Olive Avenue, West Palm Beach, Florida 33401-5907,
hereinafter called the "Appraiser" (or "Consultant") and Collier County, a political
subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County":
WIT N E SSE T H:
1. COMMENCEMENT. The Agreement shall commence upon issuance of a Purchase
Order and a Notice to Proceed. In accordance with RFP 08-5067 "Real Estate Appraisal
Services", Appraiser shall provide a written fee proposal to the County for each service,
hereinafter "Work", to be performed under this Agreement. Upon approval by the
Project Manager, a Purchase Order and a Notice to Proceed shall be issued for the
service as specified in the proposal. The Appraiser shall then provide the specified
service to the County. The Agreement shall be for a one (1) year period, effective on the
date the Agreement is approved by the Board of County Commissioners.
The County may, at its discretion and with the consent of the Appraiser, renew the
Agreement under all of the terms and conditions contained in this Agreement for three
(3) additional one (1) year periods. The County shall give the Appraiser written notice
of the County's intention to extend the Agreement term not less than ten (10) days prior
to the end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Appraiser shall provide real estate appraisal services
in accordance with the terms and conditions of RFP #08-5067, Exhibit "A" Scope of
Services, and the Appraiser's proposal referred to herein and made an integral part of
this agreement. This Agreement contains the entire understanding between the parties
and any modifications to this Agreement shall be mutually agreed upon in writing by
the Appraiser and the County project manager or his designee, in compliance with the
County Purchasing Policy and Administrative Procedures in effect at the time such
services are authorized.
3. COMPENSATION: The County shall pay the Appraiser for the performance of this
Agreement upon completion or partial completion of the work tasks as accepted and
approved by the County Project Manager or his designee pursuant to the fees as set
forth in Exhibit "B", included in this agreement, together with the Travel and
Reimbursable Expenses as defined in this agreement. Payments shall be made to the
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16811
..Appraiser when requested as services are rendered, but not more frequently than once
per month, on an estimated percentage complete for the Labor and Expenses Fee and at
actual costs for Travel Expenses. Payment will be made upon receipt of a proper invoice
and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local
Government Prompt Payment Act". Reimbursable expenses shall be invoiced for the
expenditures incurred by the Consultant as follows:
Expenses of transportation and living when traveling in connection with each
Purchase Order, except for local travel within Collier or Lee Counties, as provided in
Section 112.061, F.5., and all Agreement-related mileage for trips that are from/to
destinations outside of Collier or Lee Counties approved in advance by the County.
The time reported by the Appraiser to perform specific work related to litigation is
subject to final approval by the County Attorney, or by an attorney employed by and
representing the County. Appraiser's invoice must contain a description of the service
provided, project and parcel number (or name), and the amount of fee payable. The
. Appraiser shall maintain documentation for all fees charged under the terms of this
Agreement for a period of not less than three (3) years from the date of the final
invoice for appraisal services rendered relative to a Property. Fees for the services of
any and all subcontractors and sub consultants employed by Appraiser must be
authorized in advance by County Purchase Order.
Reimbursement rates as provided in Section 112.061, Florida Statutes, currently:
Mileage: $ 44.5 per mile
Breakfast: $ 6.00
Lunch: $11.00
Dinner: $19.00
Airfare: Actual ticket cost of Coach Fare
Rental car: Actual rental cost of midsize or smaller car
Lodging: Actual cost of reasonable lodging at single occupancy rate
Parking: Actual cost of parking
4. COMPLETION/CORRECTION. If a substantially completed written appraisal report
(original) is delivered to the County by the due date, or by a date mutually agreed upon,
but which report fails to comply with the USP AP, or which report contains errors or
omissions from within either the body or the addenda, Appraiser shall, within fourteen
(14) calendar days from the date of notification by the County Project Manager, furnish
such corrected and/ or additional pages which will bring the appraisal report into
compliance with the USP AP and/or correct such errors and omissions (if any). No
penalty for late performance will be charged against the Appraiser within said fourteen
(14) day period. Nor shall Appraiser charge the County any additional fees from
bringing written appraisal reports into compliance with the USPAP, for correcting any
errors, or for providing previously omitted materials.
5. DEDUCTIONS FOR NON-PERFORMANCE. It is acknowledged that time is of the
essence. The County reserves the right to deduct portions of the (monthly) invoiced
amount for items not completed within the expressed time frame. These funds would be
Page 2 of 15
16Bl1
forfeited by the Appraiser and that the following schedule shall govern the deduction
for late performance:
(a) In the event that the services are not completed and submitted to County in
accordance with the due date as set forth in a County Purchase Order; then County at
its discretion may reduce the fee payable to Appraiser by seven percent (7%) for each
week, or portion thereof, for every week the services are past due; or
(b) In the event that circumstances beyond the control of Appraiser cause completion
of the services to be delayed beyond the due date as set forth in a County Purchase
Order, and prior to said due date there is a mutual understanding between the parties
to this Agreement that such delays were beyond the control of Appraiser, County may
issue an written extension of the due date without penalty deduction. Said extension
shall cite the reason for delay in completion of the appraisal report and shall set a new
due date for submission of the report. Deductions as described above shall apply to
the revised due date.
6. SALES TAX. Appraiser shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work.
7. CONTRACT ADMINISTRATION. The Transportation Right of Way Acquisition
Manager or the Manager's designee (hereinafter referred to as "Contract Manager"),
shall be responsible for ensuring performance under the terms and conditions of this
Agreement.
8. MEETINGS. Appraiser shall meet with the Contract Manager to discuss the Work at a
time(s) and place(s) of meeting(s) which shall be established by mutual agreement of the
parties to this Agreement.
9. CERTIFICATE OF APPRAISAL. In accordance with the Work, all Certificates of
Appraisal shall be signed by Frank J. Cardo, Vice President. In addition, at the
discretion of Appraiser, one (1) associate appraiser, either working in a contractual
relationship or as an employee of Appraiser, is hereby authorized by County to sign the
Certificate of Appraisal. All persons consulted by Appraiser in the making of appraisals
under the terms of this Agreement must be properly identified in the written appraisal
report(s).
10. CONFIDENTIALITY. Subject to the requirements of the Florida Public Records Act,
Chapter 119, Fla. Stat., and the Florida Sunshine Law, Chapter 286, Fla. Stat., Appraiser
shall neither discuss nor divulge the contents of the written appraisal reports relating to
the Property with anyone without the approval of the Contract Manager. Further,
Appraiser shall save harmless the County from all claims or liabilities, including court
costs and attorneys fees, due to Appraiser's activities, or those of Appraiser's agents or
employees, and shall not engage in any business transactions involving any of the
properties appraised under the terms and conditions of this Agreement for a period of
Page 3 of 15
16811
one (1) year from the date of valuation of the latest appraisal, or updated appraisal, of
any of the Property.
11. UNLAWFUL SOLICITATION AND ASSIGNMENT OF AGREEMENT. By the
execution of this Agreement, Appraiser warrants that it has not employed, retained,
paid, or agreed to pay, any company or person, other than a bona fide employee, to
solicit or secure this Agreement contingent upon, or resulting from, the award or
making of this Agreement. Appraiser further warrants that no part of the total of the
fees payable under the terms of this Agreement shall be paid directly or indirectly to
any employee of the County as wages, compensation, or gift in exchange for acting as
officer agent, employee, subcontractor, or consultant to the Appraiser in connection
with any appraisal work performed or contemplated under the terms of this Agreement,
without prior County approval. Appraiser further warrants that there shall be no
transfer or assignment of any part of this Agreement, except by the written approval of
the Contract Manager. For breach or violation of this warranty County shall have the
right to terminate this Agreement immediately without financial obligation, or to
pursue any other available remedies.
12. NOTICES. All notices from the County to the Appraiser shall be deemed duly served if
mailed or faxed to the Appraiser at the following Address:
Frank J. Cardo, Vice President
Anderson & Carr, Inc.
521 South Olive Avenue
West Palm Beach, Florida 33401
Phone: 561-833-1661; Fax: 561-833-0234
All Notices from the Appraiser to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attention: Steve Carnell, Purchasing/GS Director
Telephone: 239-252-8371
Facsimile: 239-252-6584
The Appraiser and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
Page 4 of 15
16Bl1
13. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Appraiser or to constitute the Appraiser as
an agent of the County.
14. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Appraiser. Payment
for all such permits issued by the County shall be processed internally by the County.
All non-County permits necessary for the prosecution of the Work shall be procured
and paid for by the Appraiser. The Appraiser shall also be solely responsible for
payment of any and all taxes levied on the Appraiser. In addition, the Appraiser shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Appraiser agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Appraiser.
15. NO IMPROPER USE. The Appraiser will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Appraiser or
if the County or its authorized representative shall deem any conduct on the part of the
Appraiser to be objectionable or improper, the County shall have the right to suspend
this Agreement. Should the Appraiser fail to correct any such violation, conduct, or
practice to the satisfaction of the County within twenty-four (24) hours after receiving
notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured. The Appraiser further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the
County.
16. TERMINATION. Should the Appraiser be found to have failed to perform his services
in a manner satisfactory to the County as per this Agreement, the County may terminate
said agreement immediately for cause; further the County may terminate this
Agreement for convenience with a thirty (30) day written notice. The County shall be
sole judge of non-performance.
17. NO DISCRIMINATION. The Appraiser agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
18. INSURANCE. The Appraiser shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
Appraisers; Products and Completed Operations and Contractual Liability.
Page 5 of 15
16811
B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $500,000
for each accident.
D. Professional Liability Insurance: Professional Liability Insurance shall be
maintained by the Appraiser to insure its legal liability for claims arising out of the
performance of professional services under this Agreement. Appraiser waives its
right of recovery against OWNER as to any claims under this insurance. Such
insurance shall have limits of not less than $1,000,000 per occurrence.
Special Requirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Appraiser during the duration of this Agreement. Renewal
certificates shall be sent to the County thirty (30) days prior to any expiration date.
There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage.
Appraiser shall insure that all sub consultants or subcontractors comply with the
same insurance requirements that he is required to meet. The same Appraiser
shall provide County with certificates of insurance meeting the required insurance
provisions.
19. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Appraiser
shall indemnify and hold harmless Collier County, its officers and employees from any
and all liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness,
or intentionally wrongful conduct of the Appraiser or anyone employed or utilized by
the Appraiser in the performance of this Agreement. This indemnification obligation
shall not be construed to negate, abridge or reduce any other rights or remedies which
otherwise may be available to an indemnified party or person described in this
paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County .
Page 6 of 15
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20. CONFLICT OF INTEREST: Appraiser represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Appraiser further represents that
no persons having any such interest shall be employed to perform those services.
21. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the
attached component parts, all of which are as fully a part of the Agreement as if herein
set out verbatim: Appraiser's Proposal, Insurance Certificate, RFP #08-5067 Scope of
Services and two (2) Addenda.
22. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
23. PROHIBITION OF GIFfS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, firm, and/ or any employee of the firm
from contact with County staff for a specified period of time; b. Prohibition by the
individual and/ or firm from doing business with the County for a specified period of
time, including but not limited to: submitting bids, RFP, and/ or quotes; and, c.
immediate termination of any contract held by the individual and/ or firm for cause.
24. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement,
the Appraiser is formally acknowledging without exception or stipulation that it is fully
responsible for complying with the provisions of the Immigration Reform and Control
Act of 1986 as located at 8 U.s.e. 1324, et seq. and regulations relating thereto, as either
may be amended. Failure by the Appraiser to comply with the laws referenced herein
shall constitute a breach of this agreement and the County shall have the discretion to
unilaterally terminate this agreement immediately.
25. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
26. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant Agreement to other governmental entities at
the discretion of the successful proposer.
27. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
Page 7 of 15
16811
28. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to
this Agreement upon satisfactory negotiation of price by the Contract Manager and
Appraiser.
29. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be
attended by representatives of Appraiser with full decision-making authority and by
County's staff person who would make the presentation of any settlement reached
during negotiations to County for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Appraiser with full decision-making authority
and by County's staff person who would make the presentation of any settlement
reached at mediation to County's board for approval. Should either party fail to submit
to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal
or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
30. KEY PERSONNEI/PROTECT STAFFING: The Appraiser's personnel and management
to be utilized for this project shall be knowledgeable in their areas of expertise. The
County reserves the right to perform investigations as may be deemed necessary to
insure that competent persons will be utilized in the performance of the Agreement.
Selected firm shall assign as many people as necessary to complete the Work on a timely
basis, and each person assigned shall be available for an amount of time adequate to
meet the dates set forth in the Purchase Order. Firm shall not change Key Personnel
unless the following conditions are met: (1) Proposed replacements have substantially
the same or better qualifications and/ or experience. (2) That the County is notified in
writing as far in advance as possible. Firm shall make commercially reasonable efforts to
notify Collier County within seven (7) days of the change. The County retains final
approval of proposed replacement personnel.
Page 8 of 15
16Bll
IN WITNESS WHEREOF, the Appraiser and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written,
ATTEST: ...
Dwight E.B.~OFJ>;,qEfrk of Courts
^ '. """ ~- t l,')
BY:~~~-~
Dat~:~ _.:. 't
d . .,..{: '..
',(SEAL) <"'
Attest,tIS to~J"" ,
signature 'Oni',. .
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
B
APPRAISER
Anderson & Carr, Inc.
. ';1'1
(/.. / ~ /'
-!flull!, :; c( "..j R'Yf
,
First Witness
By:
~~b-
Sigtfature
FlAp! If "1,,h,fl<O{\,
tType/print ~itness namet
~~:Ji L0\ Y\~
Second Witness
h-(Jtlk T CadI! i./,a f~t"s,.J(."t
Typed signature and title
(\(\ae\c~7 \0 (\,\(\'\ e r
tTypk/ print witness namet
Approved as to form and
legal sufficiency:
~.~
Assistant County Attorney
Colleen G-r an e..
Print Name
Page 9 of 15
16ql1
EXHIBIT A
Scope of Services
COLLIER COUNTY SUPPLEMENTAL APPRAISAL STANDARDS
(A Supplement to the Uniform Standards of Professional Appraisal Practice)
The following standards governing the preparation of written appraisal reports for Collier
County, Florida, are intended to clarify the expectations for the content of each and every
written appraisal report (whether Self-Contained or Summary) prepared for the Board of
County Commissioners and / or the various Divisions and Departments under the County
Manager. Where there may seem to be a conflict between these standards and the scope of
any assignment undertaken for the County, the appraiser should consult with the Right-of-
Way Design and Valuation Coordinator, Real Property Management Department, for further
clarification. Each appraiser and appraisal firm qualified to provide appraisal services for the
Board of County Commissioners of Collier County, Florida, is responsible for obtaining and
maintaining a current copy of the Uniform Standards of Professional Appraisal Practice
(USPAP).
DATE OF VALUE
Unless a retrospective appraisal with a previous date of value was specifically ordered by
Collier County, or unless the Appraiser has been specifically instructed otherwise (as for a
date-of-deposit appraisal), the date of value of the appraisal, being the Appraiser's last
inspection of the subject property, shall be within two (2) weeks of the date of submission of
the draft appraisal report to the Right-of-Way Design and Valuation Coordinator.
STRUCTURES
Where all or a portion of a structure is located on the real estate being acquired by County,
Appraiser shall include the following information in the narrative description of the
property: [a] a statement as to the character (residential or business) of the structure's
occupant(s); [b] the name(s) of the occupant(s); and [c] a statement as to the legal status of
the occupant (tenant with or without lease, owner-occupant, etc.)
SALES LOCATION MAPS
Each written appraisal report shall contain at least one map upon which shall be plotted all of
the comparable sales analyzed during the development of the appraisal. If the comparable
sales cover such an extensive geographic area that a one page map would be illegible, then
more than one map is encouraged, each at a scale which is legible to the reader, i.e., where
common streets, rivers, canals, city blocks, etc. are recognizable.
REPORT JACKETS
All appraisal reports (originals and copies) must be bound with front and rear covers made
of plastic, heavy card stock.
Page 10 ofl5
16811
SALES DATA SHEETS
Sales Data Sheets must be accompanied by a location map which clearly shows the
comparable sale property in relation to its neighborhood (which map may appear on the
same page as the sales data). The following information must be readily apparent from a
review of the map and/or the written information provided:
o Date of sale and recording data - Grantor I Grantee and type of conveyance
instrument. If the sale property is located in a County besides Collier, a copy of the deed of
transfer must be provided as well.
o Location and legal description (a copy of the deed of transfer may be included with
the sales data sheet precluding the need to reprint the property's legal description).
o Parcel size, access and road frontage (if applicable).
o Present use and description of improvements (if any).
o Zoning.
o Existing and available utilities.
o Sale price, financing, cash equivalent price, and unit price.
o Verification data: parties to the transaction, comments on the motivation of the
parties, comments as to how the parties allocated value among the land and various
improvements (if available).
o Appraiser's comments.
SALES GRIDS
Each appraisal report shall contain a table of the sales most relied upon by the appraiser in
reaching a final value reconciliation. This table (a/kl a "sales grid") is an effective
communication tool, and is of great value to all but the most casual reader of the appraisal
report. The sales grid must identify each sale by number or name, include the date of the
sale, the size of the sale property, zoning, purchase price, unit price (and where appropriate,
the price per dwelling unit), and a column or row for each item of comparison for which
adjustments were made by the appraiser. The sales grid must also contain a column or row
to show the subject's attributes in comparison with the most-relied-upon sales.
ADJUSTMENTS TO COMPARABLE SALES
In addition to Self-Contained appraisal reports, Summary appraisal reports prepared for the
County shall contain a detailed narrative explaining the adjustments made to the comparable
sales including the appraiser's reasoning and the data which forms the basis for the extent of
each adjustment.
Page 11 oflS
16Bl1
PARENT TRACT
After application of the three common tests to determine the parent tract for the subject
property (contiguity, unity of use, and unity of ownership), the Appraiser must include a
sketch of the whole property in the appraisal report; and, in the case of a partial taking, must
show on the sketch the part being acquired by the County. Unless Collier County provides
the Appraiser with a parent tract determination and an area calculation for the parent tract, it
is the responsibility of the Appraiser to calculate the area of the parent tract.
PARTIAL TAKINGS
Areas (in general) - While the area of the part being acquired will be provided by the County,
it is the respol15ibility of the Appraiser to calculate the area of the remainder tract.
Areas (easements) - Remainder areas should be the same after the taking of easements as the
area of the parent tract prior to the taking. The value after the taking should reflect that a
portion of the parent tract is encumbered by the easement taken by the County.
Cost-to-Cure Severance Damages - There must be damage to the remainder real estate before
a cure can be applied. Damages must be supported with market data and specified in dollar
terms. Without this supporting documentation, Collier County cannot be assured that the
cost of the cure will be less than the damages to which the property owner would otherwise
be entitled.
If the cure chosen by the appraiser includes a payment to the property owner to re-establish,
COl15truct, or il15tall a feature upon the remainder, for which the property owner has been
compensated in the value of the part taken, then the compensation for the taken feature shall
be deducted from the total compensation due the property owner. For example: if
compensation includes the depreciated replacement cost of fencing located within the take
area, and the proposed "cure" includes the installation of fencing upon the remainder, the
purpose of which is essentially to replace that fencing taken by the County, the depreciated
replacement cost of the fencing being taken, for which the property owner has already been
compensated, must be deducted from the total compensation due the property owner.
In addition, if the cure involves the relocation of amenities or parking (or anything else that
takes up useable space) onto the remainder property, the appraisal must address
compensation for the loss of that area occupied by the relocated feature.
As a matter of general policy, in order to avoid disputes over the quality of relocation work
performed by the County or its contractors, Collier County will seek to limit its liability by
paying the depreciated replacement cost for everything within the take area, and/ or by
paying the owner to relocate certain improvements onto the remainder at a location of their
choosing. Generally, it is better for the County to purchase anything within the take area,
rather than taking it in good faith that a property owner will relocate an improvement from
the right-of-way by that point in time that the right-of-way should be clear and ready for
construction.
Page 12 of 15
16Bl1
Land and Affected Improvements Only on Improved Parcels - If it is the Appraiser's
judgment that the primary improvements located upon the remainder property are
unaffected by the taking, and after consideration of the possibility of any damages accruing
to the remainder property, the Appraiser may elect to prepare a before and after estimate of
the value of the land only. Such before and after values must be clearly labeled in the
appraisal report; and such an appraisal report must contain an explanation and brief
discussion of the factors considered in electing not to appraise the value of the property as
improved in both the before and after situations.
Signs - Should a trade sign or income producing sign be discovered within the taking area,
the Appraiser should consult with the County for specific instructions on valuation and/ or
compensation regarding the signage. When preparing an appraisal report for condemnation,
the appraiser should include the depreciated replacement cost of the signage in the total
estimate of compensation due the property owner. A cost to cure the damage resulting from
the absence of the sign is then applied in order to make the property owner "whole."
Special Benefits - The Appraiser should consult with the County prior to assigning special
benefits to a remainder property.
Rounding - All numbers below $1,000 will be rounded to the nearest $50 increment. All
numbers above $1,000 and below $100,000 will be rounded to the nearest $100 increment.
Everything over $100,000 will be rounded to the nearest $1,000 increment.
DATA BOOKS
GENERAL NOTE: For multiple appraisal assignments a Data Book may be required in
accordance with the terms of the Appraisal Agreement between the Appraiser and Collier
County, Florida. Should the County desire that a data book be prepared for an appraisal
project, such will be stipulated in the bid solicitation generated by County staff, and it shall
be made a specific condition in the Appraisal Agreement between the Appraiser and Collier
County. Absent any such stipulation, a data book will not be required.
All of the sales sheets as well as the narrative discussion of the appraiser's market
observations and adjustments should be on 8 1/2" x 11" paper bound by a three ring binder
to accommodate the easy insertion of new sales sheets into the data book. A cover page
identifying the project for which the data book is prepared, the name of the appraiser, and
the date of its compilation, should be followed by a Table of Contents which must identify
the major sections into which the data book is divided. The data book must contain the
following:
1. Regional and neighborhood description and analysis. This information may be
omitted from each individual appraisal report as long as the written report directs the
reader's attention to the fact that this information is presented in the data book.
2. A "Sales Map" or "Location Map" showing the location of each comparable sale
property for which a Sales Data Sheet is contained in the Data Book. Such maps must be of a
scale, and produced with clarity, such that the location of each comparable sale property is
Page 13 of 15
16811
discernible by the reader. Any Listings employed by the appraiser must also be shown on
the maps.
Separate tabbed sections for: (1) vacant land Sales Data Sheets, subdivided into groupings
based upon highest and best use, with listings grouped together within each sub-group; (2)
improved property Sales Data Sheets, subdivided into separate groups based upon present
use, with listings grouped together within each sub-group; (3) market adjustment studies; (4)
income, expense and capitalization rate studies; (5) regional analysis (unless the terms of the
agreement between Collier County and the Appraiser specifically exclude regional analysis
from the scope of the assignment(s); (6) neighborhood analysis; (7) applicable excerpts from
zoning regulations or such other reference materials upon which the Appraiser has
specifically relied in developing the appraisals; and (8) any special studies and/ or
comparative analyses made during the development of the appraisals, and/ or which were
already in existence and upon which the Appraiser relied during the development of the
appraisals.
Page 14 of 15
16811
EXHIBIT B
RATE SCHEDULE
Personnel Category
Appraiser
Staff Appraiser
Technical Assistance/Clerical
Researcher
Expert Witness
Rate per hour
$150.00
$125.00
$ 60.00
$ 85.00
$200.00
This list is not intended to be all inclusive. Hourly rate fees for other categories of
professional, support and other services shall be mutually negotiated by the County and firm
on a project by project basis as needed
Page 15 of 15
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PAGE
2/003
Fax 5erver
16B11
ACORD,. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMiOD/'l'YYY)
12/11/2008
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
wells Faxgo Insurance Services Sou"t. heas"t. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
2054 vis"ta Parkway, suite 400 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Weat Palm Beach FL 33411-2718 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAIC#
INSURED INSU1=lE:RA' Auto ownexs Inauzance Comnanv 18988
AndeJ::son & CaJ::r, Inc. INSURER 6 Southern-Owners Insurance Comn 10190
521 South olive Ave INSURER c: COntinental InSUIance COmpany 42.625
West palm Beach FL 33401-5907 INSUl=lE:" 0
, I"JSURE:R E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED lOTHE 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR TVO. I POUCY NUMBER P~k+~Y~~~ff~I~~ PgklfJ f~~~HW~N UMITS
~NERAL UABIUTY EACH OCCU~I=lENCE , 1 000 000
B X CQMMEI=lCIAL GENE~AL LIABILITY 7263265208 4/15/2008 4/15/2009 g~~~~~~?E;~:u~~noe\ , 50,000
I CLAIMS MADE W OCCU~ MED EXP (A," on.. "erson\ , 5 000
- PEI=lSOI\AL & ADV INJUI=lY , 1 000 000
- GE'\JERAL AGG~EGATE , 1,000,000
~N'LAGG~E~~!{:ILlMIT APnS PER PRODUCTS - COMPtOP AGG , 1 000 000
X POLICY ~.B.P..; LOC
~OMOBILE UABIUTY 1 COMBINED SINGLE LIMIT ,
A .2L ANY AUTO 9660788401 9/1/2008 9/1/2009 (::llllDoiden') 1 000 000
.2L ALL '~WNED AUTOS BODILY INJU~Y
,
~ SCHEDULED AJTOS (Per person)
f1'- HIRED AUTOS BODILY INJURY
~ NON-OWNED AUTOS : (~er llDcide"t) ,
f-- P~OPEFiTY DAMAGE ,
(PerllDoide"t)
=iAG' UABIUTY AUTO ONLY - EA ACCIOEI\T ,
ANY AUTO OTHER THAN EAACC ,
'I AUTO ONLY AGG ,
~ESSJUMBRELLA UABIUTY EACH OCCURREi\CE ,
DCCU~ 0 CLAIMS V1AOE AG'3REGATE ,
,
=i D'DUCTIBLE ,
~ETENTION , ,
A WORKERS COMPENSATION AND 72661570 4/15/200B 4/15/2009 X I.we STATU- I IOJ~.
EMPLOYERS' UABILrrY
ANY PROPRI~OR!PARTNOiR!OiXECUTIVE EL EACH ACCIDENT , 100 000
OJ:i=ICOiPJMo;MeER OiXCLUDOiO" , E,L, DISEASE - EA EMPLOYE 100,000
,
~~edli~~R~VIS1oNS below EL. DISEASE. POLICY LIMIT , 500 000
C OTHER E.rrors & omissions RNP2876357710B 9/23/2008 9/23/2009 0$1,000,000. Limit of Liability
L.L. Ea.ch ace & Aqg i
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS AODED BY ENDORSEMENT I SPECIAL PROVISIONS
10 day notice for cancellation due to non payment of premium applies. collier County is included
as an Additional Insured ATIMA.
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OFTHE ABOVE OESCRIBED POLICIES ElE CANCELLED BEFORE THE EXPIRATION
Collier county DATE THEREOF, THE ISSUING: INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
purchasing Department IMPOSE NO OBLIGAT10N OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
3301 E_ Tamiami Trail REPRESENTAT1VES.
Naples FL 34122 AUTHORIZED REPRESENTATIVE <' .
I It ,.t:-....&..l
ACORD 25 (2001108)
@ACORDCORPORATION 1988
Page 1 of 1
Wells Fargo
12/17/2008 1:54:54 PM PAGE
3/003
Fax Server
16Bll
12/17/2008
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed, A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001106)
Page 2 of 1:
16811
MEMORANDUM
Date:
December 30, 2008
To:
Rhonda Cummings, Contract Specialist
Purchasing Department
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Contract No.: 08-5067
"Real Estate Appraisal Service"
Contractor: Kenneth C. Evans
Enclosed please find one (1) original contract, as referenced above,
(Agenda Item #16Bll), approved by the Board of County
Commissioners on Tuesday, December 2,2008.
An original is being kept in the Minutes and Records Department as part
of the Board's permanent records.
If you should have any questions, please contact me at 252-7240.
Thank you.
Enclosures
ITEM NO.: o8-W.C.~QD~l.
16B11
c.rii:"Mtffli~ECEIVED:
FILE NO.:
('I.,"'; 1\ ,-.- 'i
\.A)UJ'~ I :
ROUTED TO:
" :,' -" ,-, 1"'1 ~ ': G'. ! !.
~' _ "j.) /.d \..." ......
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date: December 15, 2008
To: Office of the County Attorney
Attention: Jeff Klatzkow
From: Rhonda Cummings, CPPB, Contract Specialist
Purchasing Department, Extension 8941
Re: Contract: #08-5067 "Real Estate Appraisal Service"
Appraisers:
American Acquisition Group
Anderson & Carr
Appraisal Group of Central Florida
Boyd, Schmidt and Brannum
Callaway & Price
,/ Kenneth C. Evans
Kenneth R. Devos
Integra Realty Resources
Real Estate Appraisal and Litigation
Retech
Wilcox Appraisal Services
BACKGROUND OF REQUEST:
This contract was approved by the BCC on December 2, 2008;
Agenda Item 16.B.11
This item has not been previously submitted.
Contract review and approval.
~
\~. ~l/(
~V(lV.~
ACTION REQUESTED:
OTHER COMMENTS:
Jeff, this is a standard contract with no changes. Please forward to
BCC for signature after approval. If there are any questions concerning the
document, please contact me. Purchasing would appreciate notification when
the documents exit your office. Thank you.
16Bll
MEMORANDUM
TO:
FROM:
Ray Carter
Risk Management Department .JJ,j II /1
Rhonda Cummings, FCCN, CPPB, Contract Specialisty{m~ lwt~
Purchasing Department b
December 15, 2008
DATE:
RE:
Review of Insurance for Contract: #08-5067 "Real Estate
Appraisal Service"
Appraisers:
American Acquisition Group
Anderson & Carr
Appraisal Group of Central Florida
Boyd, Schmidt and Brannum
Callaway & Price
VKenneth C. Evans
Kenneth R. Devos
Integra Realty Resources
Real Estate Appraisal and Litigation
Retech
Wilcox Appraisal Services
This Contract was approved by the BCC on December 2, 2008; Agenda Item
16.B.11
Please review the Insurance Certificates for the above-referenced contract
and forward to the County Attorney's Office for further signature routing.
Thank you. If you have any questions, please contact me at extension 8941.
dod/RC
C: Harry Henderson, TECM/ROW
DATE RECEIVED
DEe 1 6 2008
R!SK ~1NA~~.I~E 'Ill. ;< tb
l--fJ(Ylul. _"..F-
. 'f- ~crc
16911
A G R E E MEN T 08-5067
for
Real Estate Appraisal Services
THIS AGREEMENT, made and entered into on this Z day ofD" , ~ ~ b:.v-; 2008, by and
between Kenneth C. Evans, P.A., authorized to do business in the State of Florida, whose
business address is Post Office Box 395, Tampa, Florida 33601, hereinafter called the
"Appraiser" (or "Consultant") and Collier County, a political subdivision of the State of
Florida, Collier County, Naples, hereinafter called the "County":
WITNESSETH:
1. COMMENCEMENT. The Agreement shall commence upon issuance of a Purchase
Order and a Notice to Proceed. In accordance with RFP 08-5067 "Real Estate Appraisal
Services", Appraiser shall provide a written fee proposal to the County for each service,
hereinafter "Work", to be performed under this Agreement. Upon approval by the
Project Manager, a Purchase Order and a Notice to Proceed shall be issued for the
service as specified in the proposal. The Appraiser shall then provide the specified
service to the County. The Agreement shall be for a one (1) year period, effective on the
date the Agreement is approved by the Board of County Commissioners.
The County may, at its discretion and with the consent of the Appraiser, renew the
Agreement under all of the terms and conditions contained in this Agreement for three
(3) additional one (1) year periods. The County shall give the Appraiser written notice
of the County's intention to extend the Agreement term not less than ten (10) days prior
to the end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Appraiser shall provide real estate appraisal services
in accordance with the terms and conditions of RFP #08-5067, Exhibit "A" Scope of
Services, and the Appraiser's proposal referred to herein and made an integral part of
this agreement. This Agreement contains the entire understanding between the parties
and any modifications to this Agreement shall be mutually agreed upon in writing by
the Appraiser and the County project manager or his designee, in compliance with the
County Purchasing Policy and Administrative Procedures in effect at the time such
services are authorized.
3. COMPENSATION: The County shall pay the Appraiser for the performance of this
Agreement upon completion or partial completion of the work tasks as accepted and
approved by the County Project Manager or his designee pursuant to the fees as set
forth in Exhibit "B", included in this agreement, together with the Travel and
Reimbursable Expenses as defined in this agreement. Payments shall be made to the
Page I of 15
16811
Appraiser when requested as services are rendered, but not more frequently than once
per month, on an estimated percentage complete for the Labor and Expenses Fee and at
actual costs for Travel Expenses. Payment will be made upon receipt of a proper invoice
and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local
Government Prompt Payment Act". Reimbursable expenses shall be invoiced for the
expenditures incurred by the Consultant as follows:
Expenses of transportation and living when traveling in connection with each
Purchase Order, except for local travel within Collier or Lee Counties, as provided in
Section 112.061, F.S., and all Agreement-related mileage for trips that are from/to
destinations outside of Collier or Lee Counties approved in advance by the County.
The time reported by the Appraiser to perform specific work related to litigation is
subject to final approval by the County Attorney, or by an attorney employed by and
representing the County. Appraiser's invoice must contain a description of the service
provided, project and parcel number (or name), and the amount of fee payable. The
Appraiser shall maintain documentation for all fees charged under the terms of this
Agreement for a period of not less than three (3) years from the date of the final
invoice for appraisal services rendered relative to a Property. Fees for the services of
any and all subcontractors and sub consultants employed by Appraiser must be
authorized in advance by County Purchase Order.
Reimbursement rates as provided in Section 112.061, Florida Statutes, currently:
Mileage: $ 44.5 per mile
Breakfast: $ 6.00
Lunch: $11.00
Dinner: $19.00
Airfare: Actual ticket cost of Coach Fare
Rental car: Actual rental cost of midsize or smaller car
Lodging: Actual cost of reasonable lodging at single occupancy rate
Parking: Actual cost of parking
4. COMPLETION/CORRECTION. If a substantially completed written appraisal report
(original) is delivered to the County by the due date, or by a date mutually agreed upon,
but which report fails to comply with the USP AP, or which report contains errors or
omissions from within either the body or the addenda, Appraiser shall, within fourteen
(14) calendar days from the date of notification by the County Project Manager, furnish
such corrected and/ or additional pages which will bring the appraisal report into
compliance with the USP AP and/or correct such errors and omissions (if any). No
penalty for late performance will be charged against the Appraiser within said fourteen
(14) day period. Nor shall Appraiser charge the County any additional fees from
bringing written appraisal reports into compliance with the USP AP, for correcting any
errors, or for providing previously omitted materials.
5. DEDUCTIONS FOR NON-PERFORMANCE. It is acknowledged that time is of the
essence. The County reserves the right to deduct portions of the (monthly) invoiced
amount for items not completed within the expressed time frame. These funds would be
Page 2 of 15
lb~ 11
forfeited by the Appraiser and that the following schedule shall govern the deduction
for late performance:
(a) In the event that the services are not completed and submitted to County in
accordance with the due date as set forth in a County Purchase Order; then County at
its discretion may reduce the fee payable to Appraiser by seven percent (7%) for each
week, or portion thereof, for every week the services are past due; or
(b) In the event that circumstances beyond the control of Appraiser cause completion
of the services to be delayed beyond the due date as set forth in a County Purchase
Order, and prior to said due date there is a mutual understanding between the parties
to this Agreement that such delays were beyond the control of Appraiser, County may
issue an written extension of the due date without penalty deduction. Said extension
shall cite the reason for delay in completion of the appraisal report and shall set a new
due date for submission of the report. Deductions as described above shall apply to
the revised due date.
6. SALES TAX. Appraiser shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work.
7. CONTRACT ADMINISTRATION. The Transportation Right of Way Acquisition
Manager or the Manager's designee (hereinafter referred to as "Contract Manager"),
shall be responsible for ensuring performance under the terms and conditions of this
Agreement.
8. MEETINGS. Appraiser shall meet with the Contract Manager to discuss the Work at a
time(s) and place(s) of meeting(s) which shall be established by mutual agreement of the
parties to this Agreement.
9. CERTIFICATE OF APPRAISAL. In accordance with the Work, all Certificates of
Appraisal shall be signed by Kenneth C. Evans, MAl, CCIM. In addition, at the
discretion of Appraiser, one (1) associate appraiser, either working in a contractual
relationship or as an employee of Appraiser, is hereby authorized by County to sign the
Certificate of Appraisal. All persons consulted by Appraiser in the making of appraisals
under the terms of this Agreement must be properly identified in the written appraisal
report(s).
10. CONFIDENTIALITY. Subject to the requirements of the Florida Public Records Act,
Chapter 119, Fla. Stat., and the Florida Sunshine Law, Chapter 286, Fla. Stat., Appraiser
shall neither discuss nor divulge the contents of the written appraisal reports relating to
the Property with anyone without the approval of the Contract Manager. Further,
Appraiser shall save harmless the County from all claims or liabilities, including court
costs and attorneys fees, due to Appraiser's activities, or those of Appraiser's agents or
employees, and shall not engage in any business transactions involving any of the
properties appraised under the terms and conditions of this Agreement for a period of
Page 3 of 15
16\3 11
one (1) year from the date of valuation of the latest appraisal, or updated appraisal, of
any of the Property.
11. UNLAWFUL SOLICITATION AND ASSIGNMENT OF AGREEMENT. By the
execution of this Agreement, Appraiser warrants that it has not employed, retained,
paid, or agreed to pay, any company or person, other than a bona fide employee, to
solicit or secure this Agreement contingent upon, or resulting from, the award or
making of this Agreement. Appraiser further warrants that no part of the total of the
fees payable under the terms of this Agreement shall be paid directly or indirectly to
any employee of the County as wages, compensation, or gift in exchange for acting as
officer agent, employee, subcontractor, or consultant to the Appraiser in connection
with any appraisal work performed or contemplated under the terms of this Agreement,
without prior County approval. Appraiser further warrants that there shall be no
transfer or assignment of any part of this Agreement, except by the written approval of
the Contract Manager. For breach or violation of this warranty County shall have the
right to terminate this Agreement immediately without financial obligation, or to
pursue any other available remedies.
12. NOTICES. All notices from the County to the Appraiser shall be deemed duly served if
mailed or faxed to the Appraiser at the following Address:
Kenneth C. Evans, MAl, CCIM
Kenneth C. Evans, P.A.
P.O. Box 395
Tampa, FL 33601
Phone: 813-545-4581; Fax: 813-839-1914
All Notices from the Appraiser to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attention: Steve Carnell, PurchasingjGS Director
Telephone: 239-252-8371
Facsimile: 239-252-6584
The Appraiser and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
Page 4 of 15
16811
13. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Appraiser or to constitute the Appraiser as
an agent of the County.
14. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits
necessary for the prosecution of the Work shall be obtained by the Appraiser. Payment
for all such permits issued by the County shall be processed internally by the County.
All non-County permits necessary for the prosecution of the Work shall be procured
and paid for by the Appraiser. The Appraiser shall also be solely responsible for
payment of any and all taxes levied on the Appraiser. In addition, the Appraiser shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Appraiser agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Appraiser.
15. NO IMPROPER USE. The Appraiser will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Appraiser or
if the County or its authorized representative shall deem any conduct on the part of the
Appraiser to be objectionable or improper, the County shall have the right to suspend
this Agreement. Should the Appraiser fail to correct any such violation, conduct, or
practice to the satisfaction of the County within twenty-four (24) hours after receiving
notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured. The Appraiser further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the
County.
16. TERMINATION. Should the Appraiser be found to have failed to perform his services
in a manner satisfactory to the County as per this Agreement, the County may terminate
said agreement immediately for cause; further the County may terminate this
Agreement for convenience with a thirty (30) day written notice. The County shall be
sole judge of non-performance.
17. NO DISCRIMINATION. The Appraiser agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
18. INSURANCE. The Appraiser shall provide insurance as follows:
A. Commercial General LiabiIitv: Coverage shall have minimum limits of $1,000,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
Appraisers; Products and Completed Operations and Contractual Liability.
Page 5 of 15
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B. Business Auto Liabilitv: Coverage shall have minimum limits of $500,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $500,000
for each accident.
D. Professional Liability Insurance: Professional Liability Insurance shall be
maintained by the Appraiser to insure its legal liability for claims arising out of the
performance of professional services under this Agreement. Appraiser waives its
right of recovery against OWNER as to any claims under this insurance. Such
insurance shall have limits of not less than $1,000,000 per occurrence.
Special Requirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Appraiser during the duration of this Agreement. Renewal
certificates shall be sent to the County thirty (30) days prior to any expiration date.
There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage.
Appraiser shall insure that all sub consultants or subcontractors comply with the
same insurance requirements that he is required to meet. The same Appraiser
shall provide County with certificates of insurance meeting the required insurance
provisions.
19. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Appraiser
shall indemnify and hold harmless Collier County, its officers and employees from any
and all liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness,
or intentionally wrongful conduct of the Appraiser or anyone employed or utilized by
the Appraiser in the performance of this Agreement. This indemnification obligation
shall not be construed to negate, abridge or reduce any other rights or remedies which
otherwise may be available to an indemnified party or person described in this
paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
Page 6 of 15
16B11
20. CONFLICT OF INTEREST: Appraiser represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Appraiser further represents that
no persons having any such interest shall be employed to perform those services.
21. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the
attached component parts, all of which are as fully a part of the Agreement as if herein
set out verbatim: Appraiser's Proposal, Insurance Certificate, RFP #08-5067 Scope of
Services and two (2) Addenda.
22. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
23. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part Ill, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, firm, and/ or any employee of the firm
from contact with County staff for a specified period of time; b. Prohibition by the
individual and/ or firm from doing business with the County for a specified period of
time, including but not limited to: submitting bids, RFP, and/or quotes; and, c.
immediate termination of any contract held by the individual and/ or firm for cause.
24. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement,
the Appraiser is formally acknowledging without exception or stipulation that it is fully
responsible for complying with the provisions of the Immigration Reform and Control
Act of 1986 as located at 8 U.s.e. 1324, et seq. and regulations relating thereto, as either
may be amended. Failure by the Appraiser to comply with the laws referenced herein
shall constitute a breach of this agreement and the County shall have the discretion to
unilaterally terminate this agreement immediately.
25. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
26. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant Agreement to other governmental entities at
the discretion of the successful proposer.
27. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
Page 7 of 15
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28. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to
this Agreement upon satisfactory negotiation of price by the Contract Manager and
Appraiser.
29. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be
attended by representatives of Appraiser with full decision-making authority and by
County's staff person who would make the presentation of any settlement reached
during negotiations to County for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Appraiser with full decision-making authority
and by County's staff person who would make the presentation of any settlement
reached at mediation to County's board for approval. Should either party fail to submit
to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal
or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
30. KEY PERSONNEI/PROTECT STAFFING: The Appraiser's personnel and management
to be utilized for this project shall be knowledgeable in their areas of expertise. The
County reserves the right to perform investigations as may be deemed necessary to
insure that competent persons will be utilized in the performance of the Agreement.
Selected firm shall assign as many people as necessary to complete the Work on a timely
basis, and each person assigned shall be available for an amount of time adequate to
meet the dates set forth in the Purchase Order. Firm shall not change Key Personnel
unless the following conditions are met: (1) Proposed replacements have substantially
the same or better qualifications and/ or experience. (2) That the County is notified in
writing as far in advance as possible. Firm shall make commercially reasonable efforts to
notify Collier County within seven (7) days of the change. The County retains final
approval of proposed replacement personnel.
Page 8 of 15
16911
IN WITNESS WHEREOF, the Appraiser and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
ATTEST;
Dwig~:E. Brock, Clerk of Courts
~~
By:'. ... . '"
Dated:~ .... . .. .
(SEAL)
Attest 4$ 'to 'chi i,..... ,
11gAlturt 011.,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUN J ,FLORIDA
By-:
APPRAISER
/c~/ 'L----~
I
~ ~~mt\l5F1 At-~~t2i1
Signature
tType / print witness name t
~ ',-/-a-- S, C~-----c;
Second Witness
Kenneth C. Evans, President
Typed signature and title
k ,.'<;+~" ::;-. E.,..,~",
tType/print witness namet
Approved as to form and
legal suf . de c :
Page 9 of 15
16811
EXHIBIT A
Scope of Services
COLLIER COUNTY SUPPLEMENTAL APPRAISAL STANDARDS
(A Supplement to the Uniform Standards of Professional Appraisal Practice)
The following standards governing the preparation of written appraisal reports for Collier
County, Florida, are intended to clarify the expectations for the content of each and every
written appraisal report (whether Self-Contained or Summary) prepared for the Board of
County Commissioners and / or the various Divisions and Departments under the County
Manager. Where there may seem to be a conflict between these standards and the scope of
any assignment undertaken for the County, the appraiser should consult with the Right-of-
Way Design and Valuation Coordinator, Real Property Management Department, for further
clarification. Each appraiser and appraisal firm qualified to provide appraisal services for the
Board of County Commissioners of Collier County, Florida, is responsible for obtaining and
maintaining a current copy of the Uniform Standards of Professional Appraisal Practice
(USP AP).
DATE OF VALUE
Unless a retrospective appraisal with a previous date of value was specifically ordered by
Collier County, or unless the Appraiser has been specifically instructed otherwise (as for a
date-of-deposit appraisal), the date of value of the appraisal, being the Appraiser's last
inspection of the subject property, shall be within two (2) weeks of the date of submission of
the draft appraisal report to the Right-of-Way Design and Valuation Coordinator.
STRUCTURES
Where all or a portion of a structure is located on the real estate being acquired by County,
Appraiser shall include the following information in the narrative description of the
property: [a] a statement as to the character (residential or business) of the structure's
occupant(s); [b] the name(s) of the occupant(s); and [c] a statement as to the legal status of
the occupant (tenant with or without lease, owner-occupant, etc.)
SALES LOCATION MAPS
Each written appraisal report shall contain at least one map upon which shall be plotted all of
the comparable sales analyzed during the development of the appraisal. If the comparable
sales cover such an extensive geographic area that a one page map would be illegible, then
more than one map is encouraged, each at a scale which is legible to the reader, i.e., where
common streets, rivers, canals, city blocks, etc. are recognizable.
REPORT JACKETS
All appraisal reports (originals and copies) must be bound with front and rear covers made
of plastic, heavy card stock.
Page 10 of 15
16Pl1
SALES DATA SHEETS
Sales Data Sheets must be accompanied by a location map which clearly shows the
comparable sale property in relation to its neighborhood (which map may appear on the
same page as the sales data). The following information must be readily apparent from a
review of the map and/or the written information provided:
o Date of sale and recording data - Grantor I Grantee and type of conveyance
instrument. lf the sale property is located in a County besides Collier, a copy of the deed of
transfer must be provided as well.
o Location and legal description (a copy of the deed of transfer may be included with
the sales data sheet precluding the need to reprint the property's legal description).
o Parcel size, access and road frontage (if applicable).
o Present use and description of improvements (if any).
o Zoning.
o Existing and available utilities.
o Sale price, financing, cash equivalent price, and unit price.
o Verification data: parties to the transaction, comments on the motivation of the
parties, comments as to how the parties allocated value among the land and various
improvements (if available).
o Appraiser's comments.
SALES GRIDS
Each appraisal report shall contain a table of the sales most relied upon by the appraiser in
reaching a final value reconciliation. This table (a/kl a "sales grid") is an effective
communication tool, and is of great value to all but the most casual reader of the appraisal
report. The sales grid must identify each sale by number or name, include the date of the
sale, the size of the sale property, zoning, purchase price, unit price (and where appropriate,
the price per dwelling unit), and a column or row for each item of comparison for which
adjustments were made by the appraiser. The sales grid must also contain a column or row
to show the subject's attributes in comparison with the most-relied-upon sales.
ADJUSTMENTS TO COMPARABLE SALES
In addition to Self-Contained appraisal reports, Summary appraisal reports prepared for the
County shall contain a detailed narrative explaining the adjustments made to the comparable
sales including the appraiser's reasoning and the data which forms the basis for the extent of
each adjustment.
Page 11 of 15
'-',----'---~_.__._..~_.,--_...._.._."~_._--,~---
16B11
PARENT TRACT
After application of the three common tests to determine the parent tract for the subject
property (contiguity, unity of use, and unity of ownership), the Appraiser must include a
sketch of the whole property in the appraisal report; and, in the case of a partial taking, must
show on the sketch the part being acquired by the County. Unless Collier County provides
the Appraiser with a parent tract determination and an area calculation for the parent tract, it
is the responsibility of the Appraiser to calculate the area of the parent tract.
PARTIAL TAKINGS
Areas (in general) - While the area of the part being acquired will be provided by the County,
it is the responsibility of the Appraiser to calculate the area of the remainder tract.
Areas (easements) - Remainder areas should be the same after the taking of easements as the
area of the parent tract prior to the taking. The value after the taking should reflect that a
portion of the parent tract is encumbered by the easement taken by the County.
Cost-to-Cure Severance Damages - There must be damage to the remainder real estate before
a cure can be applied. Damages must be supported with market data and specified in dollar
terms. Without this supporting documentation, Collier County cannot be assured that the
cost of the cure will be less than the damages to which the property owner would otherwise
be entitled.
If the cure chosen by the appraiser includes a payment to the property owner to re-establish,
construct, or install a feature upon the remainder, for which the property owner has been
compensated in the value of the part taken, then the compensation for the taken feature shall
be deducted from the total compensation due the property owner. For example: if
compensation includes the depreciated replacement cost of fencing located within the take
area, and the proposed "cure" includes the installation of fencing upon the remainder, the
purpose of which is essentially to replace that fencing taken by the County, the depreciated
replacement cost of the fencing being taken, for which the property owner has already been
compensated, must be deducted from the total compensation due the property owner.
In addition, if the cure involves the relocation of amenities or parking (or anything else that
takes up useable space) onto the remainder property, the appraisal must address
compensation for the loss of that area occupied by the relocated feature.
As a matter of general policy, in order to avoid disputes over the quality of relocation work
performed by the County or its contractors, Collier County will seek to limit its liability by
paying the depreciated replacement cost for everything within the take area, and/ or by
paying the owner to relocate certain improvements onto the remainder at a location of their
choosing. Generally, it is better for the County to purchase anything within the take area,
rather than taking it in good faith that a property owner will relocate an improvement from
the right-of-way by that point in time that the right-of-way should be clear and ready for
construction.
Page 12 of 15
16811
Land and Affected Improvements Only on Improved Parcels - If it is the Appraiser's
judgment that the primary improvements located upon the remainder property are
unaffected by the taking, and after consideration of the possibility of any damages accruing
to the remainder property, the Appraiser may elect to prepare a before and after estimate of
the value of the land only. Such before and after values must be clearly labeled in the
appraisal report; and such an appraisal report must contain an explanation and brief
discussion of the factors considered in electing not to appraise the value of the property as
improved in both the before and after situations.
Signs - Should a trade sign or income producing sign be discovered within the taking area,
the Appraiser should consult with the County for specific instructions on valuation and I or
compensation regarding the signage. When preparing an appraisal report for condemnation,
the appraiser should include the depreciated replacement cost of the signage in the total
estimate of compensation due the property owner. A cost to cure the damage resulting from
the absence of the sign is then applied in order to make the property owner "whole."
Special Benefits - The Appraiser should consult with the County prior to assigning special
benefits to a remainder property.
Rounding - All numbers below $1,000 will be rounded to the nearest $50 increment. All
numbers above $1,000 and below $100,000 will be rounded to the nearest $100 increment.
Everything over $100,000 will be rounded to the nearest $1,000 increment.
DATA BOOKS
GENERAL NOTE: For multiple appraisal assignments a Data Book may be required in
accordance with the terms of the Appraisal Agreement between the Appraiser and Collier
County, Florida. Should the County desire that a data book be prepared for an appraisal
project, such will be stipulated in the bid solicitation generated by County staff, and it shall
be made a specific condition in the Appraisal Agreement between the Appraiser and Collier
County. Absent any such stipulation, a data book will not be required.
All of the sales sheets as well as the narrative discussion of the appraiser's market
observations and adjustments should be on 8 1/2" x 11" paper bound by a three ring binder
to accommodate the easy insertion of new sales sheets into the data book. A cover page
identifying the project for which the data book is prepared, the name of the appraiser, and
the date of its compilation, should be followed by a Table of Contents which must identify
the major sections into which the data book is divided. The data book must contain the
following:
1. Regional and neighborhood description and analysis. This information may be
omitted from each individual appraisal report as long as the written report directs the
reader's attention to the fact that this information is presented in the data book.
2. A "Sales Map" or "Location Map" showing the location of each comparable sale
property for which a Sales Data Sheet is contained in the Data Book. Such maps must be of a
scale, and produced with clarity, such that the location of each comparable sale property is
Pagcl3of15
16B11
discernible by the reader. Any Listings employed by the appraiser must also be shown on
the maps.
Separate tabbed sections for: (1) vacant land Sales Data Sheets, subdivided into groupings
based upon highest and best use, with listings grouped together within each sub-group; (2)
improved property Sales Data Sheets, subdivided into separate groups based upon present
use, with listings grouped together within each sub-group; (3) market adjustment studies; (4)
income, expense and capitalization rate studies; (5) regional analysis (unless the terms of the
agreement between Collier County and the Appraiser specifically exclude regional analysis
from the scope of the assignment(s); (6) neighborhood analysis; (7) applicable excerpts from
zoning regulations or such other reference materials upon which the Appraiser has
specifically relied in developing the appraisals; and (8) any special studies and/ or
comparative analyses made during the development of the appraisals, and/ or which were
already in existence and upon which the Appraiser relied during the development of the
appraisals.
Pagel40flS
16811
EXHIBIT B
RATE SCHEDULE
Personnel Categorv
Appraiser
Staff Appraiser
Technical Assistance/Clerical
Researcher
Expert Witness
Rate per hour
$150.00
$125.00
$ 60.00
$ 85.00
$200.00
This list is not intended to be all inclusive. Hourly rate fees for other categories of
professional, support and other services shall be mutually negotiated by the County and firm
on a project by project basis as needed
Page 15 of 15
Cofft.,. County
..... -~ ~
16B11
Vendor Information
Substitute W - 9 Form
REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION
1. Generallnformation
Taxpayer Name Kenneth c. Evans, PA
(as shown on Income tax return)
Business Name
(If different from taxpayer name)
Add PO Box 395 City Tampa
ress
State Florida Zip 33601
(1113) (tsl.J) KevansUb@
Telephone 545-4581 FAX 839-5301 Email tampabay.rr.com
Order Infonnation: KJ Same as above, or Remit I Payment Information: o Same as above, or
Address Address
City State _ Zip City State _Zip
FAX FAX
Email Email
2. Company Status (check only one)
o Individual I Sole Proprietor
U Corporation
o Partnership
o Tax Exempt (Federal income tax-exempt entity
under Internal Revenue Service guidelines IRe
501 (c) 3)
o Limited Liability Company
Enter the tax classification
D - Dlsre arded Entity, C = Co oration, P = Partnershl
3. Taxpayer Identification Number (for tax reponing purposes only)
Social Security Number (SSN)
OR
Federal Tax Identification Number (TIN)
ODD-DO-DODD
~0-~~~!J~[J[1]
65-0381721
4. Sign and Date Form
Certification: Un r penalties of perjury, I certify that the Infonnation shown on this fonn Is correct to my knowledge.
Signature ~ Date Dec. 12, 2008
Title President Phone Number 813-545-4581
Email form to Collier County Purchasing Office Email: PurOps@colliergov.net
VendorRequesLSubW9
Revised: 12127/07
16B11
ACORD
CERTIFICATE OF LIABILITY INSURANCE
WMP
DATE
,. DaDq 12 02-2008
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
U8AA IN8URANCE AGENCY INC/PH8 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
812846 P: (888) 242-1430 F: (877) 905-0457 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PO BOX 33015
SAN ANTONIO TX 78265 INSURERS AFFORDING COVERAGE
INSURED INSURER A: Hartford Casual tv Ins CO
INSURER B:
KENNETH C EVAN8 PA , INSURER c:
PO BOX 395 INSURER D: ---
- - -- --.--- --
TAMPA FL 33601 INSURER E:
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
'NSR
LTR I
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE POLICY EXP/RA TION
DATE'MM D Y DATE MM D y:
LIMITS
I GENERAL LIABILITY
A ~ COrERC,^L GENERAL L1AB,my 65
CLAIMS MADE ::KJ OCCUR
X. General Liab
i
'----.J
GEN'L AGGREGATE LIMIT APPLIES PER:
i~_L1Cyr j~8i.. __rx- LOC
AUTOMOBILE LIABILITY
~
A 'I ANY AUTO
ALL OWNED AUTOS
~
~" , SCHEDULED AUTOS
X HIRED AUTOS
X NON-OWNED AUTOS
,
EACH OCCURRENCE
,I 000 000
.300,000
,10 000
,I 000 000
,2,000,000
,2 000 000
8BM IM8561
07/30/08 07/30/09
FIRE DAMAGE (Anyone firel
MEO EXP IAny one person)
, PERSONAL & ADV INJURY
GENERAL AGGREGATE
(..- -- -- ------
!65 8BM IM8561
,
,
--t.. - j--.. .
107/30/08!07/30/09
I
PRODUCTS - COMPIOP AGG
COMBINED SINGLE LIMIT
(Eaaccident)
,1,000,000
i BODilY INJURY
IPerpersonl
BODilY INJURY
IPeraccident)
r--
:-i GARAGE LIABILITY
, "
W ANY AUTO
i
PROPERTY DAMAGE
(Peraccidentl
: AUTO ONLY. EA ACCIDENT $
EXCESS LIABILITY
~ OCCUR Ii CLAIMS MADE
I
OTHER THAN
AUTO ONLY;
EAACC $
AGG $
EACH OCCURRENCE
AGGREGATE
1----
~ DEDUCTIBLE
I RETENTION
i WORKERS COMPENSA TION AND
EMPLOYERS' LIABILITY
1--
!_--~- ". $--
-~~~-
E.l. EACH ACCIDENT ; $
E.l. DISEASE. EA EMPLOYEE $
E.l. DISEASE - POLICY LIMIT $
OTHER
i DESCRIPTION OF OPERA TIONS/LDCA TIONSNEHlCLES/EXCLUSIONS ADDED BY ENDDRSEMENTISPECIAL PROVISIONS
I Those usual to the Insured's Operations. Collier County Government Center is
1 listed as Additional Insured per the Business Liability Coverage Form 880008,
attached to this policy.
CERTIFICATE HOLDE~
AD!>>.!IONAL INSURED; IN~UR!.'!J:..ETTER:
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE (10 DAYS FOR NON.PAYMENT) TO THE CERTIFICATE
HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO
OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
Collier County Government Center
Purchasing Department-Purchasing BId
3301 TAMIAMI TRL E
NAPLES, FL, 34112
-
ACORD 25-S (7/97)
. ACORD CORPORATION 19B8
''''''IA''"!.
CERTIFICATE OF INSURANCE
16811
ITA........
A
SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE
CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE
CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM
THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY
ANY POLICY DESCRIBED BELOW.
This certifies that: ~ STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY Df BIDDmingtDn, IllinDis
D STATE FARM FIRE AND CASUALTY COMPANY Df BIDDmingtDn, IIlinDis
D STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS Df Dallas, Texas
D STATE FARM INDEMNITY COMPANY of BloDmington, Illinois, or
D STATE FARM GUARANTY INSURANCE COMPANY Df Bloomington, Illinois
has cDverage in force for the following Named Insured as shDwn below
---- - --
NAMED INSURED: KENNETH c. EVANS
ADDRESS OF NAMED INSURED: PO BOX 390 TAMPA, FL 33601-0395
POLICY NUMBER 707 4918-A16-59J
EFFECTIVE DATE
OF POLICY 07/16/08 01/16/09
--
DESCRIPTION OF 2007 TOYOTA
SEQCOIA SPORT WG
VEHICLE (Including VIN) 5TDZT34A87S295553
LIABILITY COVERAGE ~YES DNO ! DYES DNO DYES DNO DYES DNO
LIMITS OF LIABILITY ,
a. Bodily Injury I I
,
Each Person IMM
Each Accident lMM
b. Property Damage
Each Accident 1MM "_______..___n.
c. Bodily Injury & ,
Property Damage
Single Limit
Each Accident
PHYSICAL DAMAGE ,
COVERAGES ~YES DNO DYES DNO ! DYES DNO DYES DNO
a. Comprehensive , $ 500 Deductible $ Deductible ! $ Deductible $ Deductible
I ~YES DNO DYES D NO 1 DYES DNO DYES DNO
b. Collision I $ 500 Deduc1ible $ Deductible $ Deductible $ Deductible
-,- ---
EMPLOYERS NON-OWNED DYES DNO DYES DNO I DYES DNO DYES DNO
CAR LIABILITY COVERAGE
HIRED CAR LIABILITY DYES DNO DYES DNO i DYES DNO DYES DNO
COVERAGE
FLEET, COVERAGE FOR
ALL OWNED AND UCENSED DYES DNO DYES DNO DYES DNO DYES DNO
'VE<iICLES-
( p<(-<
..~ j.- -..':::x----- ! (~(7iht ~ 3-08
' -:::-.. ~._---- nNlYJ Q}iJ>3.J
Sigtr.lture 0 ori presentative ---- \ Title' 0 Agent's Code Number Date
Name and Address of Certificate Holder Name and Address of Agent
,
i
I COLLIER COU)JTY GOVERNMENT CENTER
PURCHASING DEPARTMENT-PURCHASING BUILDING ROBIN SIM~ONS AGENCY
3301 TAMIAMI TRAIL, EAST 2425 S DALE MABRY HWY
NAPLES, FL 34112 TAr1PA, FL 33629
ATTN: STEVE CARNELL, PURCHASING/GS DIRECTOR
,
e
16811
05-16-2007
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF WORKERS' COMPENSATION
* * CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW * *
NON-CONSTRUCTION INDUSTRY EXEMPTION
ALEX SINK
CHIEF FINANCIAL OFFICER
This certifies fhat the individual listed below has elected to be exempt from Florida Workers. Compensation law.
EFFECTIVE DATE:
05/16/2007
EXPIRATION DATE: N/A
PERSON: EVANS
FEIN: 650381721
BUSINESS NAME AND ADDRESS:
KENNETH C EVANS PA
POBOX 395
TAMPA FL 33601
KENNETH
C PA
SCOPES OF BUSINESS OR TRADE:
1- APPRAISAL
2- REAL ESTATE 1 PROPERTY MGMT
IMPORTANT, PUfSI1811t to ChapHH 440 05041, f.S., an cHicer of II corporation who elects exemption Irom this ch.pler by filing a (erllliClte of election under this
section may not Ulcover benelils Of compenution under lhis chapter. Pursuant 10 Chapler 440.0S0n f.S., Certificates 01 election 10 be ell.empl. apply only witbin the
scope of the business or tTlHle listed on the notice of election 10 be nempl. Pursllant fO Chapter 440.05(13), F.S., NOlices 01 electioll to be exempt and ceililiules of
eleClion 10 be exempt shill be subjecl to re'localion it. It any time .lter lhe filing 01 lhe notice or the issuance 01 the cerlilicale, the person named on the nOlice or
cerli/itale no longer meets the requiremenlS 01 litis section 101 ISSLlilAce of a teltilicale. The depaflmellt sltall revoke a tenUicilte 81 IllY lime lor IlIilUfe nl rbe person
named on the cerliliclle In meet lite fequiremellts 01 this section.
QUESTIONS' 18501 413-1609
OWC-252 CERTifiCATE Qf ELECTION TO BE EXEMPT REVISED 09-06
PLEASE CUT OUT THE CARO BELOW AND RETAIN fOR fUTURE REFERENCE
STATE OF FLORIDA
DEPARTMENT OF FINANCIAl SERVICES
DIVISION OF WORKERS' COMPENSATION
NON-CONSTRUCTION INDUSTRY
CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA
WORKERS' COMPENSATION LAW
EFFECTIVE:
PERSON:
FEIN:
BUSINESS
.
F IMPORTANT
o Pursuant to Chapter 440.05(14), F.S., an off jeer of a corporation who
L elects exemption from this chapter by filing a certificate of election
under this section may not recover benefits or compensation under this
D chapter.
H Pursuant to Chapter 440.05(12), F.S., Certificates of election to be
exempt.. apply only within the scope of the business or trade listed on
E the notice of election to be exempt.
R
E Pursuant to Chapter 440.05113l. F.S., Notices of election to be exempt
and certificates of election to be exempt shall be subject to revocation
if, at any time after the filing of the notice or the issuance of the
certificate. the person named on the notice or certificate no longer meets
the requirements of this section for issuance of a certificate. The
department shall revoke a certificate at any time for failure of the
person named on the certificate to meet the requirements of this
Section.
05/16/2007
KENNETH C
650381721
NAME AND AODRESS,
EXPIRATION DATE: NIA
EVANS PA
KENNETH C EVANS PA
POBOX 395
TAMPA, Fl 33601
SCOPE OF BUSINESS OR TRADE:
t- APPRAISAL
2' REAL ESTATE I PROPERTY MGMT
QUESTIONS? 18501 413-1609
CUT HERE
. Carry bottom portion on the job, keep upper portion for your records.
OWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 09-06
168'11
CERTIFICA TE OF INSURA:'I/CE
Producer: Issue Date; 12fSi2008
This Certificate is issued as a matter of information only and
UABrUTY ll\SlJRAI\CE AOMll\ISTRA TORS confen no rights upon \he Ccrtilicatc Holder. This Certificate
P.O. Box 1319 docs not amend. extend or alter the coverage afTorded hy !.he
Santa Barbara, (A 93102-1319 policy bdow,
Immred: 150331 COMPANY AH'ORDING COVERAGE
EVAI\S. KENI\HII C. PA
Kenneth C. to: vans Libert)' Surplu:ll Insurance Corporation
2504 Tyson Ave
Tampa. FL 33611 ~ It,
,/,
Fax Number: 813.839.5301
Authorized Rcprescnta6li/
This is to certify that the policy of insurance listed hclow has been issut.-d to lite Insured named above for the policy period
indicated. NotwiLhstanding any requirement tcnn of l:ondition of any wnlract Of olher document with respect to which this
Ccrtilicalc may he issued or may pertain, thc insurance afforded by the policy described herein is subjecllo all the tems,
cxdusions and conditions of slIch policy. limits shown may have been reduced by paid claims.
TYPE OF I~SURA!\CE POLley N1J\.fBER EFFECT[VE DATE EXPIRA TIO!'\ DA TF LIMITS
ProfeSSional LiahilllY LSIOO7571-Q05 6/1 7 <~OO8 6/[711009 (ielleral Aggrcgale $ 1000000
Each ('[aim S 1000000
Description of Operations/Locations/Special Items:
REAL f:STATE APPRAISERS PROFESSIO!l;AL LIABILITY I!I;Sl:RANCE
Agreement #08-5067
Certificale f lolder: Cancellation:
COLLIER COUNTY GOVERI(ME!\T CEI(TER Should the ahove described policy be cancelled before the
AUn: Purcha!'.ing Ocpanmcnt expiration date the-refill the hlsuing Com pan)' will endeBVor to
3301 Tamiami Truil. East mail 30 days notice, except 10 days notice for nonpayment of
Naples, FL 34112 premium, (0 the cerlificate holder named to (he left. However,
failure 10 mail such notice shall impose no obligation or Iiabilit
of any kind upon the Company, its agenu or representatives.
LlA0001 (11/97)
t~1f3l.J1
MEMORANDUM
Date:
December 24, 2008
To:
Rhonda Cummings, Contract Specialist
Purchasing Department
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Contract No.: 08-5067
"Real Estate Appraisal Service"
Contractor: Boyd, Schmidt and Brannum
Enclosed please find one (1) original contract, as referenced above,
(Agenda Item #16Bll), approved by the Board of County
Commissioners on Tuesday, December 2, 2008.
An original is being kept in the Minutes and Records Department as part
of the Board's permanent records.
If you should have any questions, please contact me at 252-7240.
Thank you.
Enclosures
16 B 11
MEMORANDUM
TO: Ray Carter
Risk Management Department
FROM: Rhonda Cummings, FCCN, CPPB, Contract Specialist
Purchasing Department
DATE: December 9,2008
RE: Review of Insurance for Contract: #08-5067 "Real Estate
Appraisal Service"
Appraisers:
American Acquisition Group
Anderson & Carr
Appraisal Group of Central Florida
V Boyd, Schmidt and Brannum
Callaway & Price
Kenneth C. Evans
Kenneth R. Devos
Integra Realty Resources
Real Estate Appraisal and Litigation
Retech
Wilcox Appraisal Services
This Contract was approved by the BCC on December 2, 2008; Agenda Item
16.B.11
Please review the Insurance Certificates for the above-referenced contract
and forward to the County Attorney's Office for further signature routing.
Thank you. If you have any questions, please contact me at extension 8941.
dod/RC
DATE RECEIVED
DEe 1 0 2008
RISK MANAGEMENl. . /) /) /
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DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date:
December 9, 2008
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To:
Office of the County Attorney
Attention: Jeff Klatzkow
From: Rhonda Cummings, CPPB, Contract Specialist
Purchasing Department, Extension 8941
Re:
Contract: #08-5067 "Real Estate Appraisal Service" 18- - rr
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Appraisers:
American Acquisition Group
Anderson & Carr
Appraisal Group of Central Florida
,/ Boyd, Schmidt and Brannum
Callaway & Price
Kenneth C. Evans
Kenneth R. Devos
Integra Realty Resources
Real Estate Appraisal and Litigation
Retech
Wilcox Appraisal Services
BACKGROUND OF REQUEST:
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This contract was approved by the BCC on December 2, 2008;
Agenda Item 16.B.11 \ 7_\\.-'\O<:::.x, ~\<:;)"',e.~ D'2..N- .
This item has not been previously submitted.\:-\?c" ,-\rc,,-,-~\\,::>\ ~=-0.~€.~
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ACTION REQUESTED: C:<::l\rn':,\::E'~\
Contract review and approval. ~CCC>\0~'',,~<:)'' a..~v-'<->'2..2\--\P
OTHER COMMENTS: \"\<.:k 0i( =fC"d-'---"~S
Jeff, this is a standard contract with no changes. Please forward to
BCC for signature after approval. If there are any questions concerning the
document, please contact me. Purchasing would appreciate notification when
the documents exit your office. Thank you.
16811
Corporate Resolution
The following Resolution was unanimously adopted at a special meeting of Officers and Directors
of Boyd, Schmidt & Brannum, held on October 22, 2004 at 9:00 a.m. in the main offices of the
corporation located at 2711 Poinsettia A venue, West Palm Beach, Florida 33407 to wit:
"BE IT RESOLVED that Boyd, Schmidt & Brannum is a validly existing Florida
Corporation with its main offices located at 2711 Poinsettia Avenue, West Palm Beach,
Florida 33407 and;
BE IT FURTHER RESOLVED that William H. Brannum, who is a Principal in the
aforemcntioned firm, continues to have full right and lawful authority to sign contracts on
behalf of the corporation and;
BE IT FURTHER RESOL VED that William H. Brannum, Principal of Boyd, Schmidt &
Brannum, is lawfully authorized to sign contracts with the Florida Department of
Transportation and any such agreement signed by William H. Brannum, as aforesaid, shall
constitute the true and lawful act of the corporation."
~a/
STEPHEN M. SCH~-lD.T
President and Secretary
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16811
A G R E E MEN T 08-5067
for
Real Estate Appraisal Services
THIS AGREEMENT, made and entered into on this _J- ....A day of D -'='.... \-'D~ , 2008, by and
between Angeland Corporation djbj a Boyd, Schmidt & Brannum, authorized to do business
in the State of Florida, whose business address is 2711 Poinsettia Avenue, West Palm Beach,
Florida 33407, hereinafter called the "Appraiser" (or "Consultant") and Collier County, a
political subdivision of the State of Florida, Collier County, Naples, hereinafter called the
"County":
WITNESSETH:
1. COMMENCEMENT. The Agreement shall commence upon issuance of a Purchase
Order and a Notice to Proceed. In accordance with RFP 08-5067 "Real Estate Appraisal
Services", Appraiser shall provide a written fee proposal to the County for each service,
hereinafter "Work", to be performed under this Agreement. Upon approval by the
Project Manager, a Purchase Order and a Notice to Proceed shall be issued for the
service as specified in the proposal. The Appraiser shall then provide the specified
service to the County. The Agreement shall be for a one (1) year period, effective on the
date the Agreement is approved by the Board of County Commissioners.
The County may, at its discretion and with the consent of the Appraiser, renew the
Agreement under all of the terms and conditions contained in this Agreement for three
(3) additional one (1) year periods. The County shall give the Appraiser written notice
of the County's intention to extend the Agreement term not less than ten (10) days prior
to the end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Appraiser shall provide real estate appraisal services
in accordance with the terms and conditions of RFP #08-5067, Exhibit "A" Scope of
Services, and the Appraiser's proposal referred to herein and made an integral part of
this agreement. This Agreement contains the entire understanding between the parties
and any modifications to this Agreement shall be mutually agreed upon in writing by
the Appraiser and the County project manager or his designee, in compliance with the
County Purchasing Policy and Administrative Procedures in effect at the time such
services are authorized.
3. COMPENSATION: The County shall pay the Appraiser for the performance of this
Agreement upon completion or partial completion of the work tasks as accepted and
approved by the County Project Manager or his designee pursuant to the fees as set
forth in Exhibit "B", included in this agreement, together with the Travel and
Page I of 15
16811
Appraiser when requested as services are rendered, but not more frequently than once
per month, on an estimated percentage complete for the Labor and Expenses Fee and at
actual costs for Travel Expenses. Payment will be made upon receipt of a proper invoice
and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local
Government Prompt Payment Act". Reimbursable expenses shall be invoiced for the
expenditures incurred by the Consultant as follows:
Expenses of transportation and living when traveling in connection with each
Purchase Order, except for local travel within Collier or Lee Counties, as provided in
Section 112.061, F.5., and all Agreement-related mileage for trips that are from/to
destinations outside of Collier or Lee Counties approved in advance by the County.
The time reported by the Appraiser to perform specific work related to litigation is
subject to final approval by the County Attorney, or by an attorney employed by and
representing the County. Appraiser's invoice must contain a description of the service
provided, project and parcel number (or name), and the amount of fee payable. The
Appraiser shall maintain documentation for all fees charged under the terms of this
Agreement for a period of not less than three (3) years from the date of the final
invoice for appraisal services rendered relative to a Property. Fees for the services of
any and all subcontractors and sub consultants employed by Appraiser must be
authorized in advance by County Purchase Order.
Reimbursement rates as provided in Section 112.061, Florida Statutes, currently:
Mileage: $ 44.5 per mile
Breakfast: $ 6.00
Lunch: $11.00
Dinner: $ 19.00
Airfare: Actual ticket cost of Coach Fare
Rental car: Actual rental cost of midsize or smaller car
Lodging: Actual cost of reasonable lodging at single occupancy rate
Parking: Actual cost of parking
4. COMPLETION/CORRECTION. If a substantially completed written appraisal report
(original) is delivered to the County by the due date, or by a date mutually agreed upon,
but which report fails to comply with the USPAP, or which report contains errors or
omissions from within either the body or the addenda, Appraiser shall, within fourteen
(14) calendar days from the date of notification by the County Project Manager, furnish
such corrected and/or additional pages which will bring the appraisal report into
compliance with the USP AP and/ or correct such errors and omissions (if any). No
penalty for late performance will be charged against the Appraiser within said fourteen
(14) day period. Nor shall Appraiser charge the County any additional fees from
bringing written appraisal reports into compliance with the USP AP, for correcting any
errors, or for providing previously omitted materials.
5. DEDUCTIONS FOR NON-PERFORMANCE. lt is acknowledged that time is of the
essence. The County reserves the right to deduct portions of the (monthly) invoiced
amount for items not completed within the expressed time frame. These funds would be
Page 2 of 15
16811
forfeited by the Appraiser and that the following schedule shall govern the deduction
for late performance:
(a) In the event that the services are not completed and submitted to County in
accordance with the due date as set forth in a County Purchase Order; then County at
its discretion may reduce the fee payable to Appraiser by seven percent (7%) for each
week, or portion thereof, for every week the services are past due; or
(b) In the event that circumstances beyond the control of Appraiser cause completion
of the services to be delayed beyond the due date as set forth in a County Purchase
Order, and prior to said due date there is a mutual understanding between the parties
to this Agreement that such delays were beyond the control of Appraiser, County may
issue an written extension of the due date without penalty deduction. Said extension
shall cite the reason for delay in completion of the appraisal report and shall set a new
due date for submission of the report. Deductions as described above shall apply to
the revised due date.
6. SALES TAX. Appraiser shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work.
7. CONTRACT ADMINISTRATION. The Transportation Right of Way Acquisition
Manager or the Manager's designee (hereinafter referred to as "Contract Manager"),
shall be responsible for ensuring performance under the terms and conditions of this
Agreement.
8. MEETINGS. Appraiser shall meet with the Contract Manager to discuss the Work at a
time(s) and place(s) of meeting(s) which shall be established by mutual agreement of the
parties to this Agreement.
9. CERTIFICATE OF APPRAISAL. In accordance with the Work, all Certificates of
Appraisal shall be signed by William H. Brannum. In addition, at the discretion of
Appraiser, one (1) associate appraiser, either working in a contractual relationship or as
an employee of Appraiser, is hereby authorized by County to sign the Certificate of
Appraisal. All persons consulted by Appraiser in the making of appraisals under the
terms of this Agreement must be properly identified in the written appraisal report(s).
10. CONFIDENTIALITY. Subject to the requirements of the Florida Public Records Act,
Chapter 119, Fla. Stat., and the Florida Sunshine Law, Chapter 286, Fla. Stat., Appraiser
shall neither discuss nor divulge the contents of the written appraisal reports relating to
the Property with anyone without the approval of the Contract Manager. Further,
Appraiser shall save harmless the County from all claims or liabilities, including court
costs and attorneys fees, due to Appraiser's activities, or those of Appraiser's agents or
employees, and shall not engage in any business transactions involving any of the
properties appraised under the terms and conditions of this Agreement for a period of
one (1) year from the date of valuation of the latest appraisal, or updated appraisal, of
any of the Property.
Page 3 of 15
'_~_"~_',_""~_","~m'~'~_-'-'-_~.~__~'_'~"''''''__~_,_,,_.,_.,_,.
16911
one (1) year from the date of valuation of the latest appraisal, or updated appraisal, of
any of the Property.
11. UNLAWFUL SOLICITATION AND ASSIGNMENT OF AGREEMENT. By the
execution of this Agreement, Appraiser warrants that it has not employed, retained,
paid, or agreed to pay, any company or person, other than a bona fide employee, to
solicit or secure this Agreement contingent upon, or resulting from, the award or
making of this Agreement. Appraiser further warrants that no part of the total of the
fees payable under the terms of this Agreement shall be paid directly or indirectly to
any employee of the County as wages, compensation, or gift in exchange for acting as
officer agent, employee, subcontractor, or consultant to the Appraiser in connection
with any appraisal work performed or contemplated under the terms of this Agreement,
without prior County approval. Appraiser further warrants that there shall be no
transfer or assignment of any part of this Agreement, except by the written approval of
the Contract Manager. For breach or violation of this warranty County shall have the
right to terminate this Agreement immediately without financial obligation, or to
pursue any other available remedies.
12. NOTICES. All notices from the County to the Appraiser shall be deemed duly served if
mailed or faxed to the Appraiser at the following Address:
William H. Brannum
Angeland Corporation djbj a Boyd, Schmidt & Brannum
2711 Poinsettia Avenue
West Palm Beach, FL 33407
Phone: 561-833-5331; Fax: 561-833-8231
All Notices from the Appraiser to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attention: Steve Carnell, PurchasingjGS Director
Telephone: 239-252-8371
Facsimile: 239-252-6584
The Appraiser and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
Page 4 of 15
16811
14. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.s., all permits
necessary for the prosecution of the Work shall be obtained by the Appraiser. Payment
for all such permits issued by the County shall be processed internally by the County.
All non-County permits necessary for the prosecution of the Work shall be procured
and paid for by the Appraiser. The Appraiser shall also be solely responsible for
payment of any and all taxes levied on the Appraiser. In addition, the Appraiser shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Appraiser agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Appraiser.
15. NO IMPROPER USE. The Appraiser will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Appraiser or
if the County or its authorized representative shall deem any conduct on the part of the
Appraiser to be objectionable or improper, the County shall have the right to suspend
this Agreement. Should the Appraiser fail to correct any such violation, conduct, or
practice to the satisfaction of the County within twenty-four (24) hours after receiving
notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured. The Appraiser further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the
County.
16. TERMINATION. Should the Appraiser be found to have failed to perform his services
in a manner satisfactory to the County as per this Agreement, the County may terminate
said agreement immediately for cause; further the County may terminate this
Agreement for convenience with a thirty (30) day written notice. The County shall be
sole judge of non-performance.
17. NO DISCRIMINATION. The Appraiser agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
18. INSURANCE. The Appraiser shall provide insurance as follows:
A. Commercial General Liabilitv: Coverage shall have minimum limits of $1,000,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
Appraisers; Products and Completed Operations and Contractual Liability.
B. Business Auto Liabilitv: Coverage shall have minimum limits of $500,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership.
Page 5 of ] 5
16811
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $500,000
for each accident.
D. Professional Liabilitv Insurance: Professional Liability Insurance shall be
maintained by the Appraiser to insure its legal liability for claims arising out of the
performance of professional services under this Agreement. Appraiser waives its
right of recovery against OWNER as to any claims under this insurance. Such
insurance shall have limits of not less than $1,000,000 per occurrence.
Special Requirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Appraiser during the duration of this Agreement. Renewal
certificates shall be sent to the County thirty (30) days prior to any expiration date.
There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage.
Appraiser shall insure that all sub consultants or subcontractors comply with the
same insurance requirements that he is required to meet. The same Appraiser
shall provide County with certificates of insurance meeting the required insurance
provisions.
19. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Appraiser
shall indemnify and hold harmless Collier County, its officers and employees from any
and all liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness,
or intentionally wrongful conduct of the Appraiser or anyone employed or utilized by
the Appraiser in the performance of this Agreement. This indemnification obligation
shall not be construed to negate, abridge or reduce any other rights or remedies which
otherwise may be available to an indemnified party or person described in this
paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
20. CONFLICT OF INTEREST: Appraiser represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Appraiser further represents that
no persons having any such interest shall be employed to perform those services.
Page 6 of 15
16811
21. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the
attached component parts, all of which are as fully a part of the Agreement as if herein
set out verbatim: Appraiser's Proposal, Insurance Certificate, RFP #08-5067 Scope of
Services and two (2) Addenda.
22. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
23. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, firm, and! or any employee of the firm
from contact with County staff for a specified period of time; b. Prohibition by the
individual and! or firm from doing business with the County for a specified period of
time, including but not limited to: submitting bids, RFP, and! or quotes; and, c.
immediate termination of any contract held by the individual and! or firm for cause.
24. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement,
the Appraiser is formally acknowledging without exception or stipulation that it is fully
responsible for complying with the provisions of the Immigration Reform and Control
Act of 1986 as located at 8 USe. 1324, et seq. and regulations relating thereto, as either
may be amended. Failure by the Appraiser to comply with the laws referenced herein
shall constitute a breach of this agreement and the County shall have the discretion to
unilaterally terminate this agreement immediately.
25. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
26. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant Agreement to other governmental entities at
the discretion of the successful proposer.
27. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
28. ADDITIONAL ITEMS/SERVICES. Additional items and! or services may be added to
this Agreement upon satisfactory negotiation of price by the Contract Manager and
Appraiser.
Page 7 of 15
16811
29. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be
attended by representatives of Appraiser with full decision-making authority and by
County's staff person who would make the presentation of any settlement reached
during negotiations to County for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Appraiser with full decision-making authority
and by County's staff person who would make the presentation of any settlement
reached at mediation to County's board for approval. Should either party fail to submit
to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal
or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
30. KEY PERSONNEIjPROTECT STAFFING: The Appraiser's personnel and management
to be utilized for this project shall be knowledgeable in their areas of expertise. The
County reserves the right to perform investigations as may be deemed necessary to
insure that competent persons will be utilized in the performance of the Agreement.
Selected firm shall assign as many people as necessary to complete the Work on a timely
basis, and each person assigned shall be available for an amount of time adequate to
meet the dates set forth in the Purchase Order. Firm shall not change Key Personnel
unless the following conditions are met: (1) Proposed replacements have substantially
the same or better qualifications and/ or experience. (2) That the County is notified in
writing as far in advance as possible. Firm shall make commercially reasonable efforts to
notify Collier County within seven (7) days of the change. The County retains final
approval of proposed replacement personnel.
Page 8 of 15
16BIJ.l
IN WITNESS WHEREOF, the Appraiser and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
ATTEST:, :. i;""
Dwig)1fE. Brock, C
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: _
Dated:
. (SEAL)' .,:
~ttest IS' te'Oirf'.w^.
~ \\ilI@t.ure on I'
By':
Tom Henning, halr
APPRAISER
Angeland Corporation
d/b/a Boyd, Schmidt & Brannum
g1
By:
1//#/11/5----.--
Signature
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tType/printwitnes namet
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/ econd Witness
\J~ \ \\CA Yn ~\ . \,'0" Y'\ \'\LHi,\
Typed signature and title ,;;,\C'\P'L l
\(o..re" 't\CC<,,\
tType/ print witness namet
Approved as to form and
legal sufficiency:
C~M~
,
Assistant County Attorney
(jjleen (VI. Weene.
Print Name
Page 9 of 15
16811
EXHIBIT A
Scope of Services
COLLIER COUNTY SUPPLEMENTAL APPRAISAL STANDARDS
(A Supplement to the Uniform Standards of Professional Appraisal Practice)
The following standards governing the preparation of written appraisal reports for Collier
County, Florida, are intended to clarify the expectations for the content of each and every
written appraisal report (whether Self-Contained or Summary) prepared for the Board of
County Commissioners and / or the various Divisions and Departments under the County
Manager. Where there may seem to be a conflict between these standards and the scope of
any assignment undertaken for the County, the appraiser should consult with the Right-of-
Way Design and Valuation Coordinator, Real Property Management Department, for further
clarification. Each appraiser and appraisal firm qualified to provide appraisal services for the
Board of County Commissioners of Collier County, Florida, is responsible for obtaining and
maintaining a current copy of the Uniform Standards of Professional Appraisal Practice
(USP AP).
DATE OF VALUE
Unless a retrospective appraisal with a previous date of value was specifically ordered by
Collier County, or unless the Appraiser has been specifically instructed otherwise (as for a
date-of-deposit appraisal), the date of value of the appraisal, being the Appraiser's last
inspection of the subject property, shall be within two (2) weeks of the date of submission of
the draft appraisal report to the Right-of-Way Design and Valuation Coordinator.
STRUCTURES
Where all or a portion of a structure is located on the real estate being acquired by County,
Appraiser shall include the following information in the narrative description of the
property: [a] a statement as to the character (residential or business) of the structure's
occupant(s); [b] the name(s) of the occupant(s); and [c] a statement as to the legal status of
the occupant (tenant with or without lease, owner-occupant, etc.)
SALES LOCATION MAPS
Each written appraisal report shall contain at least one map upon which shall be plotted all of
the comparable sales analyzed during the development of the appraisal. If the comparable
sales cover such an extensive geographic area that a one page map would be illegible, then
more than one map is encouraged, each at a scale which is legible to the reader, i.e., where
common streets, rivers, canals, city blocks, etc. are recognizable.
REPORT JACKETS
All appraisal reports (originals and copies) must be bound with front and rear covers made
of plastic, heavy card stock.
Page IOof15
16811
SALES DATA SHEETS
Sales Data Sheets must be accompanied by a location map which clearly shows the
comparable sale property in relation to its neighborhood (which map may appear on the
same page as the sales data). The following information must be readily apparent from a
review of the map and/ or the written information provided:
o Date of sale and recording data - Grantor / Grantee and type of conveyance
instrument. If the sale property is located in a County besides Collier, a copy of the deed of
transfer must be provided as well.
o Location and legal description (a copy of the deed of transfer may be included with
the sales data sheet precluding the need to reprint the property's legal description).
o Parcel size, access and road frontage (if applicable).
o Present use and description of improvements (if any).
o Zoning.
o Existing and available utilities.
o Sale price, financing, cash equivalent price, and unit price.
o Verification data: parties to the transaction, comments on the motivation of the
parties, comments as to how the parties allocated value among the land and various
improvements (if available).
o Appraiser's comments.
SALES GRIDS
Each appraisal report shall contain a table of the sales most relied upon by the appraiser in
reaching a final value reconciliation. This table (a/k/ a "sales grid") is an effective
communication tool, and is of great value to all but the most casual reader of the appraisal
report. The sales grid must identify each sale by number or name, include the date of the
sale, the size of the sale property, zoning, purchase price, unit price (and where appropriate,
the price per dwelling unit), and a column or row for each item of comparison for which
adjustments were made by the appraiser. The sales grid must also contain a column or row
to show the subject's attributes in comparison with the most-relied-upon sales.
ADJUSTMENTS TO CaMP ARABLE SALES
In addition to Self-Contained appraisal reports, Summary appraisal reports prepared for the
County shall contain a detailed narrative explaining the adjustments made to the comparable
sales including the appraiser's reasoning and the data which forms the basis for the extent of
each adjustment.
Page I I of 15
16811
PARENT TRACT
After application of the three common tests to determine the parent tract for the subject
property (contiguity, unity of use, and unity of ownership), the Appraiser must include a
sketch of the whole property in the appraisal report; and, in the case of a partial taking, must
show on the sketch the part being acquired by the County. Unless Collier County provides
the Appraiser with a parent tract determination and an area calculation for the parent tract, it
is the responsibility of the Appraiser to calculate the area of the parent tract.
PARTIAL TAKINGS
Areas (in general) - While the area of the part being acquired will be provided by the County,
it is the responsibility of the Appraiser to calculate the area of the remainder tract.
Areas (easements) - Remainder areas should be the same after the taking of easements as the
area of the parent tract prior to the taking. The value after the taking should reflect that a
portion of the parent tract is encumbered by the easement taken by the County.
Cost-to-Cure Severance Damages - There must be damage to the remainder real estate before
a cure can be applied. Damages must be supported with market data and specified in dollar
terms. Without this supporting documentation, Collier County cannot be assured that the
cost of the cure will be less than the damages to which the property owner would otherwise
be entitled.
If the cure chosen by the appraiser includes a payment to the property owner to re-establish,
construct, or install a feature upon the remainder, for which the property owner has been
compensated in the value of the part taken, then the compensation for the taken feature shall
be deducted from the total compensation due the property owner. For example: if
compensation includes the depreciated replacement cost of fencing located within the take
area, and the proposed "cure" includes the installation of fencing upon the remainder, the
purpose of which is essentially to replace that fencing taken by the County, the depreciated
replacement cost of the fencing being taken, for which the property owner has already been
compensated, must be deducted from the total compensation due the property owner.
In addition, if the cure involves the relocation of amenities or parking (or anything else that
takes up useable space) onto the remainder property, the appraisal must address
compensation for the loss of that area occupied by the relocated feature.
As a matter of general policy, in order to avoid disputes over the quality of relocation work
performed by the County or its contractors, Collier County will seek to limit its liability by
paying the depreciated replacement cost for everything within the take area, and! or by
paying the owner to relocate certain improvements onto the remainder at a location of their
choosing. Generally, it is better for the County to purchase anything within the take area,
rather than taking it in good faith that a property owner will relocate an improvement from
the right-of-way by that point in time that the right-of-way should be clear and ready for
construction.
Page 12 of 15
16811
Land and Affected Improvements Only on Improved Parcels - If it is the Appraiser's
judgment that the primary improvements located upon the remainder property are
unaffected by the taking, and after consideration of the possibility of any damages accruing
to the remainder property, the Appraiser may elect to prepare a before and after estimate of
the value of the land only. Such before and after values must be clearly labeled in the
appraisal report; and such an appraisal report must contain an explanation and brief
discussion of the factors considered in electing not to appraise the value of the property as
improved in both the before and after situations.
Signs - Should a trade sign or income producing sign be discovered within the taking area,
the Appraiser should consult with the County for specific instructions on valuation and/ or
compensation regarding the signage. When preparing an appraisal report for condemnation,
the appraiser should include the depreciated replacement cost of the signage in the total
estimate of compensation due the property owner. A cost to cure the damage resulting from
the absence of the sign is then applied in order to make the property owner "whole."
Special Benefits - The Appraiser should consult with the County prior to assigning special
benefits to a remainder property.
Rounding - All numbers below $1,000 will be rounded to the nearest $50 increment. All
numbers above $1,000 and below $100,000 will be rounded to the nearest $100 increment.
Everything over $100,000 will be rounded to the nearest $1,000 increment.
DATA BOOKS
GENERAL NOTE: For multiple appraisal assignments a Data Book may be required in
accordance with the terms of the Appraisal Agreement between the Appraiser and Collier
County, Florida. Should the County desire that a data book be prepared for an appraisal
project, such will be stipulated in the bid solicitation generated by County staff, and it shall
be made a specific condition in the Appraisal Agreement between the Appraiser and Collier
County. Absent any such stipulation, a data book will not be required.
All of the sales sheets as well as the narrative discussion of the appraiser's market
observations and adjustments should be on 8 1/2" x 11" paper bound by a three ring binder
to accommodate the easy insertion of new sales sheets into the data book. A cover page
identifying the project for which the data book is prepared, the name of the appraiser, and
the date of its compilation, should be followed by a Table of Contents which must identify
the major sections into which the data book is divided. The data book must contain the
following:
1. Regional and neighborhood description and analysis. This information may be
omitted from each individual appraisal report as long as the written report directs the
reader's attention to the fact that this information is presented in the data book.
2. A "Sales Map" or "Location Map" showing the location of each comparable sale
property for which a Sales Data Sheet is contained in the Data Book. Such maps must be of a
scale, and produced with clarity, such that the location of each comparable sale property is
Page 13 of 15
16811
discernible by the reader. Any Listings employed by the appraiser must also be shown on
the maps.
Separate tabbed sections for: (1) vacant land Sales Data Sheets, subdivided into groupings
based upon highest and best use, with listings grouped together within each sub-group; (2)
improved property Sales Data Sheets, subdivided into separate groups based upon present
use, with listings grouped together within each sub-group; (3) market adjustment studies; (4)
income, expense and capitalization rate studies; (5) regional analysis (unless the terms of the
agreement between Collier County and the Appraiser specifically exclude regional analysis
from the scope of the assignment(s); (6) neighborhood analysis; (7) applicable excerpts from
zoning regulations or such other reference materials upon which the Appraiser has
specifically relied in developing the appraisals; and (8) any special studies and/ or
comparative analyses made during the development of the appraisals, and/ or which were
already in existence and upon which the Appraiser relied during the development of the
appraisals.
Pagel40flS
16B11
EXHIBIT B
RATE SCHEDULE
Personnel Category
Appraiser
Staff Appraiser
Technical Assistance/Clerical
Researcher
Expert Witness
Rate per hour
$150.00
$125.00
$ 60.00
$ 85.00
$200.00
This list is not intended to be all inclusive. Hourly rate fees for other categories of
professional, support and other services shall be mutually negotiated by the County and firm
on a project by project basis as needed
Page 15 of 15
-----------'-~._~~-_._._,_._-
NDV-25-2008 10:39
WELLS FRRGO INS SERVICES
16 B 1 L61 655 5509
P.01
ACORD", CERTIFICATE OF LIABILITY INSURANCE I DATe (MYlDDIYYYY)
4/18/2008
P'RODUCER (561) 655-5500 THIS CERTIFIC....TE IS ISSUED AS A MATTER OF INFORMATION
We'" Fargo Ineurance Services Southeast, Inc. ONLY ....ND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFIC....TE DOES NOT ....MEND. EXTEND OR
. :2064 vtsta,Parl<way, Suite 400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
W....t Pelm Beach, FL 33411-2718
, INSURERS AFFORDING COVERAGE NAIC #
Angelalld Corporation, dbll Boyd, Schmidt & Sr . I ,"5U~~R A Southern Owners Ins -,"- -'-'-....
INSUReD ...-
2711 Poinsettia Ave ,,-~
INSUFl~.R _~: Genel'al ~~r Indemntty.~
i West Palm Beach, FL 33401 I !N5UR5R c; CIl!.~ns Property.lnsurance c:ompany .
--,-,
INSURER D
-."----' _.".~ ",-- i
: INSuFl:ERE:
COVERAGES
THE POWCIES OF INSlJAANCE LISTED &ELOW HAVE eeEN ISSUED TO THE INSUREO NAMED ABOVE FOR THE POllCV PERIOD INDICATED. NOTWrfHSTANDING
ANY REQUIRs.1ENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 8E ISSUEO OR
MAY PERTAIN, THE INSURANCE AfFOROED 8Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS,
~=_.+-:.:....~..-_._._... ......'.1-- p.~.~;;NUMBER r PRaLt~~EFFECf1VE Ip2~EJI!XPiRA110N ---.-..
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B IPropel1;y IIMA781433 4/12/2008 4/12/2009
C iCommlrcil1 WInd & Hlil 11083141 7/19/2007 i 7/19/2008
OESQtIPlION Of OPI;RAlIDNS I LOCl\noHS 'VEHICLES I EXCLUSIONS Al:IOED BY ENgORSEMI!:NT I SPECIAI.PIlOVISIONS
BulldlrtglContGntl
Bldg/COf'ltentl
52oo,000/26.00G
8187,00Ul$31,DDO
~ollior County is lilted al Additionallnsurod and cartificato hold.. IS respecls Goneral Liability.
10 d8ys cancellation notice fot non~payrnent of premium,
CEll.flFICATE HOLDER
CANCE" "TION
Collier County Board of County
Commi8sloners
3301 E~ Tamlaml Trail
Nlplea, FL 34112-
SHOULD ANY OF THE AaoVi DEIICMlVED POllCII!S HIE CANCILLED BeI"ORIii THE U'IAA'nON
DA~ 'rHeREOI". THE ISSUING INSURER WILL e"lOl!AVOR TO MAIL 3L- DAY! WRI11"E'"
NOTICE TO THli CERTII"ICATE HOLDER NAMED TO THIi LliFT, SUT FAilURE TO DO SO ,HALl
.N1rO$C NO OBlIOATlON Oil lIABILITY OF A"lY ~HD LIPON THIi INIIURER, ITS AOIINn OR
REpRC$I!NTA TN'ES.
Al)'THORIZeD RiP~~$'NTATlVE
tjJ.OIU,L>", ,,-,(~,- :V-,.c./:.~,<,.
ACORD 2S (2001108)
~ ACORD CORPORATION 19118
NOV-25-2008 10:39
WELLS FARGO INS SERVICES
561655106 sP'T 1
IMPORTANT
If the certificate holder i. an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement A statement on this cert~icate doe. not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insuranee on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authori~ed representative or producer, and the certificate holder, nor does it
affiQTlatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
'_ ACORD Z5 (2001/011)
. .
"~-""_.'-^~""-""'~'-'-""--"'-~----
---'""""""'-,,".--..<.-_-~-~-,-----
60u 24 2BB8 17:11:13
->
5618338231 The Hartford Fax
16811
Page 1l1l4
ACORD.. CERTIFICATE OF LIABILITY INSURANCE DJB .... i
aOBB 11-24-2008
""""""'. THIS CERTIFICATE IS ISSUED AS A MATTER DF INFORMATION
PAYCHEX AGENCY INC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
210705 P: () - F: ()- ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
308 FARMINGTON AVE INSURERS AFFORDING COVERAGE
FARMINGTON CT 06032
INSfIND INSUR~R A; Th e Hartford Ins Group
ANGELAND CORPORATION INC DBA BOYD INSUR~B:
SCHMIDT BRANNUM IN5UREfl Ct
2711 POINSETTIA AVE. IN5UREflD:
WEST PALM BEACH FL 33407 INSUR~R E:
COVERAGES
I HE: POL-lel!S 01" INSURANCe USTW iEL.OW HAVE iliiN ISSUEO TO THE INSUREO NAMeD A60VE FOR Hie POL-ICY PERIOO INDICATEO. NOTWITHSTANOING
ANY REQUIREMENT, TERM OR CONOlilON OF ANY CONiPlACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POI.ICIES. AGGFlEGATE l.IMITS SHOWN MAY HAVE BEEN FlEOUCEO BY PAID CLAIMS,
INfIIi TVI'! OF INSlA4NQ I I'OLICY NUMIJNt f;Jfti~JJ5;R-1 .ogjWti;:~J~ liMITS
no
rE!-AWRAL UA6LJTY EACH OCCURRENCE .
f- 3MERCIAL GENERAL LIABILITY FIRE DAMA13E IAny Gne rlre) .
f- CLAIMS MA D~ 0 OCCUR M~D EXP IAnv 0l'1~ p~sDnJ ,
P~RSONAL & ADV INJURY ,
1-' l3E.NERAL A1313RE13ATE .
A'L AGG:nLIMIT APn P~, PRO DUCTS - COMP/OP AGe; .
POLICY ~~gT I LOC I
AUTtJMOD.! UAlJ/UTY , ! COMBINED SIN13LE LIMIT
IESBeelden!) .
a ANY AUTO
. , All OWNIi.D AUTOS I
I BODILY INJURY
, , IP~p=fsDn) .
-! SC"mULIi.D AUTOS
_I HIRED AUTOS BODilY INJURY .
NON.OWNED AUTOS IPlll'ICCldBnt)
-
- PROP~TY OAMAGIi. .
IP~llacid~ntl
~AGI UAIJll.try AUTO ONLY - Ell, ACCIDENT .
-[ ANY AUTO i OTHER Tl1AN EAACC .
AUTO ONLY: AGG .
!!....l2SSL/AlJH.fTY Ii.ACH OCCURRIi.NC~ ,
_I OCCUR -.J CLAIMS MADE M13RE13ATE ie
.
I~ DmUCTlBL~ .
RIi.HNTION . ,
WOIflCMS COMNNSATJON AM!) i X I WC STATU: I iDl~.
A ~I'oFt..OrJ;Rt1'LlAl1IJ.rrY 76 WEG KN960l 06/08/08 06/08/09 ~.L, Ii.ACf.< ACCIO~NT .100 000
, ~.L. DIS~ASE - ~A ~PLOY~E .100,000
E.L. DiSEASE-POLICY LlM'T .500 000
0'THl!' I I
I
/;Cf1ORlPrION OF ontfATTONSILOGA T1O~I<<JUfViJWLfJ5IOMl ADDU' I1Y ~NlXJRfJUd~ffrI6l'€(}1A/,. PROVR/KJMJ
Those usual to the Insured's Operations.
RE: Co~tract #08-5067
CERTIFICATE HOLDER
ADDtrKJNM MlIRiD; I~R ~TT~.'
CANCELLATION
SHOULD ANY OF-THE ABOVE DESCRIBED POUCIES BE CANCEl.LED BEFORE THE
EXPIRATION DATE THEREOF, iHE ISSUING I NSUFlEFl WIl.l. ENOEAVOFl TO MAIl.
30 DAYS WRITTEN NOTICE (10 DAYS FOR NON-PAYMENTI TO THE CERTIFICATE
HOl.DER NAMED TO THE l.EFT, BUT FAII.URE TO 00 SO SHAL.l.IMPOSE NO
iOBLlGATION OR LIABIUTV OF ANY KINO UPON THE INSURER, ITS AGENTS OR
:REPRESENTATIVES.
I
AIITHOR/ZtDRUW65fNTA17\1E'
COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS, NAPLES FLORIDA
3301 TAMIAMI TRL E
NAPLES, FL, 34112
ACORD 26-S (71971
-3....J..~ ~.~
\0 ACORD CORPORATION 1988
-'--~._._-_._-----_._-_._~.
From: Liability Insurance Administrators
Page: 2/3
Date: 12/2/20089:34:32 AM
16P.11
CERTIFICATE OF I:'IISURANCE
Producer:
Issue Oak: 12,'1/~008
Thi~ Certificate is isslled as a matter of infonnarion only ,'llld
c{)nl~r~ nil ritthl'i Llp(ln dl~ C",rtif'it.:uLe Holder Thi'i Cerl;fit.:ale
does not amend, extend or 3lter th~ covemge afforded by the
policy below
lIABIlITY 1l\SLRANCE ADMTNTSTRATORS
P.O. !lox 1319
Santa Barbara, CA 93102-1319
v,-,,~...... ,J....UY.U1J.1 <X.V.'V"">.lH''--'lH
A.ngehmd Corporation
2711 Pointsettia Avenue
West Palm Beach. FL 33407
Uber_.\: Surplus Insunnce Corporation
AULhuri.lt:u R.-.;presellla
Fax Numher: 561-IB3-R231
~
Tills IS to ccrtlf).' that the policy of lllSUI3ncc ltstcd bela",,; h"s been Issued to the Insured named above for the policy pc-nod
imlicated" Nulwilhstl.lnding any requirement. teTITI uf conditiun of any conlrat:l or oLher dOl,;umen! "vith respecL LO \vhil.:b Lhis
C'cr1ifil.:ate may he issued or may pertain, the insurance afforded hy Ihe policy descrihed herein is suhject to all the le-nllS,
L"X.dLLSiol1s and L:onditiolls of sLu.:h polit:y. Limils .'ihOWLl limy ha\'c been redul.:L"d by paid claims.
TYPE OF INSURA.:'\l"CE POLICY'!\"TJMBER EFFECTIVE DATE EXPIR.'\TION DATE. LIMITS
prur.:ssi()nal Liahillly LSTOO:'i<.l9R-OOti 2/14:200R 2i14i'W09 r,tmeral il,ggregaLe I 10110000
Each Clai_1J $ 1000000
Desniplion of Opcralions/Lol:aLiol1s/Spt:L"ial ILeITIs:
REAL ESTATE APPRAISERS PRUFESSIUl\AL LLWILlTY INSURANCl:
CC11ificate Holder:
COLlIER COUKTY ROARD OF C01 JNTY
COMMISSIONERS, NAPLES, FLOIUUA
3101 E. Tamiami Trail
Naples. FL 34112
CallcelJation:
Should the ahoye de"ic.-ihed policy he cancelled herm".. _he
expiration dale thereof. the issuill~ Company ""ill endeavor to
mail 30 days notice, except 10 days notice for nOl1pa~'ment of
premium, to the certificate holder named to the left. Hm,'ever,
failure to mail mch notice shall impose no ohligation 01"
liability of any kind upon the Company, its a~ents or
representatives.
L1A0001 (11/97)
MEMORANDUM
16811
TO:
FROM:
Ray Carter~~_
Risk Management Department .. / ) //
Rhonda Cummings, FCCN, CPPB, Contract Specialist"-t :".~fZ.-
Purchasing Department ' ·
4 1111//'1-t.
January 8', 2009 .__/f
DATE:
RE:
Review of Insurance for Contract: #08-5067 "Real Estate
Appraisal Service"
Appraisers:
American Acquisition Group
Anderson & Carr
Appraisal Group of Central Florida
Boyd, Schmidt and Brannum
Callaway & Price
Kenneth C. Evans
Kenneth R. Devos
Integra Realty Resources
J Real Estate Appraisal and Litigation
Retech
Wilcox Appraisal Services
~~~'
DATE RECEIVED
JAN 0 9 2099
RISK MANAGEMENT
This Contract was approved by the BCC on December 2, 2008; Agenda Item
16.B.11
Please review the Insurance Certificates for the above-referenced contract
and forward to the County Attorney's Office for further signature routing.
Thank you. If you have any questions, please contact me at extension 8941.
dod/RC
C: Harry Henderson, TECM/ROW
MEMORANDUM
Date:
January 30,2009
To:
Rhonda Cummings, Purchasing
Contract Specialist
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Contract #08-5067: Real Estate Appraisal Services
Contractor: Real Estate Appraisal and Litigation
Enclosed is one original contract, referenced above (Agenda Item
#16Bll), approved by the Board of County Commissioners on Tuesday,
December 2, 2008.
The second contract will be kept in the Minutes and Records Department
as part of the Board's permanent records.
If you should have any questions, please contact me at 252-841 L
Thank you.
Enclosure (1)
16811
16811
A G R E E MEN T 08-5067
for
Real Estate Appraisal Services
THIS AGREEMENT, made and entered into on this .1j,,~ day of 'Dea,...doU:-2008, by and
between Real Estate Appraisal & Litigation, LLC, authorized to do business in the State of
Florida, whose business address is 14281 Cemetery Road, Fort Myers, Florida 33905,
hereinafter called the "Appraiser" (or "Consultant") and Collier County, a political
subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County":
WITNESSETH:
1. COMMENCEMENT. The Agreement shall commence upon issuance of a Purchase
Order and a Notice to Proceed. In accordance with RFP 08-5067 "Real Estate Appraisal
Services", Appraiser shall provide a written fee proposal to the County for each service,
hereinafter "Work", to be performed under this Agreement. Upon approval by the
Project Manager, a Purchase Order and a Notice to Proceed shall be issued for the
service as specified in the proposaL The Appraiser shall then provide the specified
service to the County. The Agreement shall be for a one (1) year period, effective on the
date the Agreement is approved by the Board of County Commissioners.
The County may, at its discretion and with the consent of the Appraiser, renew the
Agreement under all of the terms and conditions contained in this Agreement for three
(3) additional one (1) year periods. The County shall give the Appraiser written notice
of the County's intention to extend the Agreement term not less than ten (10) days prior
to the end of the Agreement term then in effect
2. STATEMENT OF WORK The Appraiser shall provide real estate appraisal services
in accordance with the terms and conditions of RFP #08-5067, Exhibit" A" Scope of
Services, and the Appraiser's proposal referred to herein and made an integral part of
this agreement. This Agreement contains the entire understanding between the parties
and any modifications to this Agreement shall be mutually agreed upon in writing by
the Appraiser and the County project manager or his designee, in compliance with the
County Purchasing Policy and Administrative Procedures in effect at the time such
services are authorized.
3. COMPENSATION: The County shall pay the Appraiser for the performance of this
Agreement upon completion or partial completion of the work tasks as accepted and
approved by the County Project Manager or his designee pursuant to the fees as set
forth in Exhibit "B", included in this agreement, together with the Travel and
Reimbursable Expenses as defined in this agreement. Payments shall be made to the
Page I of 15
16811
Appraiser when requested as services are rendered, but not more frequently than once
per month, on an estimated percentage complete for the Labor and Expenses Fee and at
actual costs for Travel Expenses. Payment will be made upon receipt of a proper invoice
and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local
Government Prompt Payment Act". Reimbursable expenses shall be invoiced for the
expenditures incurred by the Consultant as follows:
Expenses of transportation and living when traveling in connection with each
Purchase Order, except for local travel within Collier or Lee Counties, as provided in
Section 112.061, FS, and all Agreement-related mileage for trips that are from/to
destinations outside of Collier or Lee Counties approved in advance by the County.
The time reported by the Appraiser to perform specific work related to litigation is
subject to final approval by the County Attorney, or by an attorney employed by and
representing the County. Appraiser's invoice must contain a description of the service
provided, project and parcel number (or name), and the amount of fee payable. The
Appraiser shall maintain documentation for all fees charged under the terms of this
Agreement for a period of not less than three (3) years from the date of the final
invoice for appraisal services rendered relative to a Property. Fees for the services of
any and all subcontractors and sub consultants employed by Appraiser must be
authorized in advance by County Purchase Order.
Reimbursement rates as provided in Section 112.061, Florida Statutes, currently:
Mileage: $ 44.5 per mile
Breakfast: $ 6.00
Lunch: $11.00
Dinner: $19.00
Airfare: Actual ticket cost of Coach Fare
Rental car: Actual rental cost of midsize or smaller car
Lodging: Actual cost of reasonable lodging at single occupancy rate
Parking: Actual cost of parking
4. COMPLETION/CORRECTION. If a substantially completed written appraisal report
(original) is delivered to the County by the due date, or by a date mutually agreed upon,
but which report fails to comply with the USP AP, or which report contains errors or
omissions from within either the body or the addenda, Appraiser shall, within fourteen
(14) calendar days from the date of notification by the County Project Manager, furnish
such corrected and/or additional pages which will bring the appraisal report into
compliance with the USP AP and/or correct such errors and omissions (if any). No
penalty for late performance will be charged against the Appraiser within said fourteen
(14) day period. Nor shall Appraiser charge the County any additional fees from
bringing written appraisal reports into compliance with the USP AP, for correcting any
errors, or for providing previously omitted materials.
5. DEDUCTIONS FOR NON-PERFORMANCE. It is acknowledged that time is of the
essence. The County reserves the right to deduct portions of the (monthly) invoiced
amount for items not completed within the expressed time frame. These funds would be
Page 2 of 15
16811
forfeited by the Appraiser and that the following schedule shall govern the deduction
for late performance:
(a) In the event that the services are not completed and submitted to County in
accordance with the due date as set forth in a County Purchase Order; then County at
its discretion may reduce the fee payable to Appraiser by seven percent (7%) for each
week, or portion thereof, for every week the services are past due; or
(b) In the event that circumstances beyond the control of Appraiser cause completion
of the services to be delayed beyond the due date as set forth in a County Purchase
Order, and prior to said due date there is a mutual understanding between the parties
to this Agreement that such delays were beyond the control of Appraiser, County may
issue an written extension of the due date without penalty deduction. Said extension
shall cite the reason for delay in completion of the appraisal report and shall set a new
due date for submission of the report. Deductions as described above shall apply to
the revised due date.
6. SALES TAX. Appraiser shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work.
7. CONTRACT ADMINISTRATION. The Transportation Right of Way Acquisition
Manager or the Manager's designee (hereinafter referred to as "Contract Manager"),
shall be responsible for ensuring performance under the terms and conditions of this
Agreement
8. MEETINGS. Appraiser shall meet with the Contract Manager to discuss the Work at a
time(s) and place(s) of meeting(s) which shall be established by mutual agreement of the
parties to this Agreement.
9. CERTIFICATE OF APPRAISAL. In accordance with the Work, all Certificates of
Appraisal shall be signed by William H. Reeve, III, MAl, SRA. In addition, at the
discretion of Appraiser, one (1) associate appraiser, either working in a contractual
relationship or as an employee of Appraiser, is hereby authorized by County to sign the
Certificate of AppraisaL All persons consulted by Appraiser in the making of appraisals
under the terms of this Agreement must be properly identified in the written appraisal
report(s).
10. CONFIDENTIALITY. Subject to the requirements of the Florida Public Records Act,
Chapter 119, Fla. Stat, and the Florida Sunshine Law, Chapter 286, Fla. Stat., Appraiser
shall neither discuss nor divulge the contents of the written appraisal reports relating to
the Property with anyone without the approval of the Contract Manager. Further,
Appraiser shall save harmless the County from all claims or liabilities, including court
costs and attorneys fees, due to Appraiser's activities, or those of Appraiser's agents or
employees, and shall not engage in any business transactions involving any of the
properties appraised under the terms and conditions of this Agreement for a period of
Page 3 of 15
16811
one (1) year from the date of valuation of the latest appraisal, or updated appraisal, of
any of the Property.
11. UNLAWFUL SOLICITATION AND ASSIGNMENT OF AGREEMENT. By the
execution of this Agreement, Appraiser warrants that it has not employed, retained,
paid, or agreed to pay, any company or person, other than a bona fide employee, to
solicit or secure this Agreement contingent upon, or resulting from, the award or
making of this Agreement Appraiser further warrants that no part of the total of the
fees payable under the terms of this Agreement shall be paid directly or indirectly to
any employee of the County as wages, compensation, or gift in exchange for acting as
officer agent, employee, subcontractor, or consultant to the Appraiser in connection
with any appraisal work performed or contemplated under the terms of this Agreement,
without prior County approvaL Appraiser further warrants that there shall be no
transfer or assignment of any part of this Agreement, except by the written approval of
the Contract Manager. For breach or violation of this warranty County shall have the
right to terminate this Agreement immediately without financial obligation, or to
pursue any other available remedies.
12. NOTICES. All notices from the County to the Appraiser shall be deemed duly served if
mailed or faxed to the Appraiser at the following Address:
William H Reeve, III, MAl, SRA
Real Estate Appraisal & Litigation, LLC
14281 Cemetery Road
Ft Myers, FL 33905
Phone: 239-694-5940; Fax: 239-694-5942
All Notices from the Appraiser to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attention: Steve Carnell, Purchasing/GS Director
Telephone: 239-252-8371
Facsimile: 239-252-6584
The Appraiser and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
Page 4 of 15
16811
13. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Appraiser or to constitute the Appraiser as
an agent of the County.
14. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Appraiser. Payment
for all such permits issued by the County shall be processed internally by the County.
All non-County permits necessary for the prosecution of the Work shall be procured
and paid for by the Appraiser. The Appraiser shall also be solely responsible for
payment of any and all taxes levied on the Appraiser. In addition, the Appraiser shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Appraiser agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Appraiser.
15. NO IMPROPER USE. The Appraiser will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Appraiser or
if the County or its authorized representative shall deem any conduct on the part of the
Appraiser to be objectionable or improper, the County shall have the right to suspend
this Agreement Should the Appraiser fail to correct any such violation, conduct, or
practice to the satisfaction of the County within twenty-four (24) hours after receiving
notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured. The Appraiser further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the
County.
16. TERMINATION. Should the Appraiser be found to have failed to perform his services
in a manner satisfactory to the County as per this Agreement, the County may terminate
said agreement immediately for cause; further the County may terminate this
Agreement for convenience with a thirty (30) day written notice. The County shall be
sole judge of non-performance.
17. NO DISCRIMINATION. The Appraiser agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
18. INSURANCE. The Appraiser shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
Appraisers; Products and Completed Operations and Contractual Liability.
Page 5 of 15
16811
B. Business Auto Liabilitv: Coverage shall have minimum limits of $500,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership.
C Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $500,000
for each accident.
D. Professional Liability Insurance: Professional Liability Insurance shall be
maintained by the Appraiser to insure its legal liability for claims arising out of the
performance of professional services under this Agreement Appraiser waives its
right of recovery against OWNER as to any claims under this insurance. Such
insurance shall have limits of not less than $1,000,000 per occurrence.
Special Requirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Appraiser during the duration of this Agreement. Renewal
certificates shall be sent to the County thirty (30) days prior to any expiration date.
There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage.
Appraiser shall insure that all sub consultants or subcontractors comply with the
same insurance requirements that he is required to meet. The same Appraiser
shall provide County with certificates of insurance meeting the required insurance
provisions.
19. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Appraiser
shall indemnify and hold harmless Collier County, its officers and employees from any
and all liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness,
or intentionally wrongful conduct of the Appraiser or anyone employed or utilized by
the Appraiser in the performance of this Agreement. This indemnification obligation
shall not be construed to negate, abridge or reduce any other rights or remedies which
otherwise may be available to an indemnified party or person described in this
paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
Page 6 of15
16811
20. CONFLICT OF INTEREST: Appraiser represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Appraiser further represents that
no persons having any such interest shall be employed to perform those services.
21. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the
attached component parts, all of which are as fully a part of the Agreement as if herein
set out verbatim: Appraiser's Proposal, Insurance Certificate, RFP #08-5067 Scope of
Services and two (2) Addenda.
22. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
23. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, firm, and/ or any employee of the firm
from contact with County staff for a specified period of time; b. Prohibition by the
individual and/or firm from doing business with the County for a specified period of
time, including but not limited to: submitting bids, RFP, and/ or quotes; and, c.
immediate termination of any contract held by the individual and/ or firm for cause.
24. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement,
the Appraiser is formally acknowledging without exception or stipulation that it is fully
responsible for complying with the provisions of the Immigration Reform and Control
Act of 1986 as located at 8 U.s.e. 1324, et seq. and regulations relating thereto, as either
may be amended. Failure by the Appraiser to comply with the laws referenced herein
shall constitute a breach of this agreement and the County shall have the discretion to
unilaterally terminate this agreement immediately.
25. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
26. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant Agreement to other governmental entities at
the discretion of the successful proposer.
27. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
Page 7 of 15
16B11
28. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to
this Agreement upon satisfactory negotiation of price by the Contract Manager and
Appraiser.
29. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be
attended by representatives of Appraiser with full decision-making authority and by
County's staff person who would make the presentation of any settlement reached
during negotiations to County for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Appraiser with full decision-making authority
and by County's staff person who would make the presentation of any settlement
reached at mediation to County's board for approval. Should either party fail to submit
to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal
or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
30. KEY PERSONNEl/PROTECT STAFFING: The Appraiser's personnel and management
to be utilized for this project shall be knowledgeable in their areas of expertise. The
County reserves the right to perform investigations as may be deemed necessary to
insure that competent persons will be utilized in the performance of the Agreement.
Selected firm shall assign as many people as necessary to complete the Work on a timely
basis, and each person assigned shall be available for an amount of time adequate to
meet the dates set forth in the Purchase Order. Firm shall not change Key Personnel
unless the following conditions are met: (1) Proposed replacements have substantially
the same or better qualifications and/or experience. (2) That the County is notified in
writing as far in advance as possible. Firm shall make commercially reasonable efforts to
notify Collier County within seven (7) days of the change. The County retains final
approval of proposed replacement personneL
Page 8 of 15
16811
IN WITNESS WHEREOF, the Appraiser and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
man
,
APPRAISER
Real Estate AppraisaL&I:' ion, LLC
/
(
Xd:L",- (' J\a~
First Witness
Kt!l.rn~ (', l\Cl/~~/
tTypej print witness na et
By:
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Se nd WItness
. ( , )
/i)/ZA/l /(/(~~J~~ pew,
Typed signature and title ( )
,S\.l\(;.-(\,.l+.... \Nv~J..
tTypejprint witness namet
Approved as to form and
leg~/ltJ
Item # I loB II
Agenda \ Z. J. 'OjJ
Date '1 '0
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De~~
Assistant County Attorney
Sy# Rk~
Print Name
Page 9 of 15
16811
EXHIBIT A
Scope of Services
COLLIER COUN1Y SUPPLEMENTAL APPRAISAL STANDARDS
(A Supplement to the Uniform Standards of Professional Appraisal Practice)
The following standards governing the preparation of written appraisal reports for Collier
County, Florida, are intended to clarify the expectations for the content of each and every
written appraisal report (whether Self-Contained or Summary) prepared for the Board of
County Commissioners and / or the various Divisions and Departments under the County
Manager. Where there may seem to be a conflict between these standards and the scope of
any assignment undertaken for the County, the appraiser should consult with the Right-of-
Way Design and Valuation Coordinator, Real Property Management Department, for further
clarification. Each appraiser and appraisal firm qualified to provide appraisal services for the
Board of County Commissioners of Collier County, Florida, is responsible for obtaining and
maintaining a current copy of the Uniform Standards of Professional Appraisal Practice
(USP AP).
DATE OF VALUE
Unless a retrospective appraisal with a previous date of value was specifically ordered by
Collier County, or unless the Appraiser has been specifically instructed otherwise (as for a
date-of-deposit appraisal), the date of value of the appraisal, being the Appraiser's last
inspection of the subject property, shall be within two (2) weeks of the date of submission of
the draft appraisal report to the Right-of-Way Design and Valuation Coordinator.
STRUCTURES
Where all or a portion of a structure is located on the real estate being acquired by County,
Appraiser shall include the following information in the narrative description of the
property: [a] a statement as to the character (residential or business) of the structure's
occupant(s); [b] the name(s) of the occupant(s); and [c] a statement as to the legal status of
the occupant (tenant with or without lease, owner-occupant, etc.)
SALES LOCATION MAPS
Each written appraisal report shall contain at least one map upon which shall be plotted all of
the comparable sales analyzed during the development of the appraisal. If the comparable
sales cover such an extensive geographic area that a one page map would be illegible, then
more than one map is encouraged, each at a scale which is legible to the reader, Le., where
common streets, rivers, canals, city blocks, etc. are recognizable.
REPORT JACKETS
All appraisal reports (originals and copies) must be bound with front and rear covers made
of plastic, heavy card stock.
Page 10 of 15
16b11
SALES DATA SHEETS
Sales Data Sheets must be accompanied by a location map which clearly shows the
comparable sale property in relation to its neighborhood (which map may appear on the
same page as the sales data). The following information must be readily apparent from a
review of the map and/ or the written information provided:
o Date of sale and recording data - Grantor / Grantee and type of conveyance
instrument. If the sale property is located in a County besides Collier, a copy of the deed of
transfer must be provided as well.
o Location and legal description (a copy of the deed of transfer may be included with
the sales data sheet precluding the need to reprint the property's legal description).
o Parcel size, access and road frontage (if applicable).
o Present use and description of improvements (if any).
o Zoning,
o Existing and available utilities.
o Sale price, financing, cash equivalent price, and unit price.
o Verification data: parties to the transaction, comments on the motivation of the
parties, comments as to how the parties allocated value among the land and various
improvements (if available).
o Appraiser's comments.
SALES GRIDS
Each appraisal report shall contain a table of the sales most relied upon by the appraiser in
reaching a final value reconciliation. This table (a/k/ a "sales grid") is an effective
communication tool, and is of great value to all but the most casual reader of the appraisal
report. The sales grid must identify each sale by number or name, include the date of the
sale, the size of the sale property, zoning, purchase price, unit price (and where appropriate,
the price per dwelling unit), and a column or row for each item of comparison for which
adjustments were made by the appraiser. The sales grid must also contain a column or row
to show the subject's attributes in comparison with the most-relied-upon sales.
ADJUSTMENTS TO COMPARABLE SALES
In addition to Self-Contained appraisal reports, Summary appraisal reports prepared for the
County shall contain a detailed narrative explaining the adjustments made to the comparable
sales including the appraiser's reasoning and the data which forms the basis for the extent of
each adjustment.
Page 11 of 15
PARENT TRACT
After application of the three common tests to determine the parent tract for the subject
property (contiguity, unity of use, and unity of ownership), the Appraiser must include a
sketch of the whole property in the appraisal report; and, in the case of a partial taking, must
show on the sketch the part being acquired by the County. Unless Collier County provides
the Appraiser with a parent tract determination and an area calculation for the parent tract, it
is the responsibility of the Appraiser to calculate the area of the parent tract
16811
PARTIAL TAKINGS
Areas (in general) - While the area of the part being acquired will be provided by the County,
it is the responsibility of the Appraiser to calculate the area of the remainder tract.
Areas (easements) - Remainder areas should be the same after the taking of easements as the
area of the parent tract prior to the taking. The value after the taking should reflect that a
portion of the parent tract is encumbered by the easement taken by the County.
Cost-to-Cure Severance Damages - There must be damage to the remainder real estate before
a cure can be applied. Damages must be supported with market data and specified in dollar
terms. Without this supporting documentation, Collier County cannot be assured that the
cost of the cure will be less than the damages to which the property owner would otherwise
be entitled.
If the cure chosen by the appraiser includes a payment to the property owner to re-establish,
construct, or install a feature upon the remainder, for which the property owner has been
compensated in the value of the part taken, then the compensation for the taken feature shall
be deducted from the total compensation due the property owner. For example: if
compensation includes the depreciated replacement cost of fencing located within the take
area, and the proposed "cure" includes the installation of fencing upon the remainder, the
purpose of which is essentially to replace that fencing taken by the County, the depreciated
replacement cost of the fencing being taken, for which the property owner has already been
compensated, must be deducted from the total compensation due the property owner.
In addition, if the cure involves the relocation of amenities or parking (or anything else that
takes up useable space) onto the remainder property, the appraisal must address
compensation for the loss of that area occupied by the relocated feature.
As a matter of general policy, in order to avoid disputes over the quality of relocation work
performed by the County or its contractors, Collier County will seek to limit its liability by
paying the depreciated replacement cost for everything within the take area, and/or by
paying the owner to relocate certain improvements onto the remainder at a location of their
choosing. Generally, it is better for the County to purchase anything within the take area,
rather than taking it in good faith that a property owner will relocate an improvement from
the right-of-way by that point in time that the right-of-way should be clear and ready for
construction.
Pagel2of15
16811
Land and Affected Improvements Only on Improved Parcels - If it is the Appraiser's
judgment that the primary improvements located upon the remainder property are
unaffected by the taking, and after consideration of the possibility of any damages accruing
to the remainder property, the Appraiser may elect to prepare a before and after estimate of
the value of the land only. Such before and after values must be clearly labeled in the
appraisal report; and such an appraisal report must contain an explanation and brief
discussion of the factors considered in electing not to appraise the value of the property as
improved in both the before and after situations.
Signs - Should a trade sign or income producing sign be discovered within the taking area,
the Appraiser should consult with the County for specific instructions on valuation and/ or
compensation regarding the signage. When preparing an appraisal report for condemnation,
the appraiser should include the depreciated replacement cost of the signage in the total
estimate of compensation due the property owner. A cost to cure the damage resulting from
the absence of the sign is then applied in order to make the property owner "whole."
Special Benefits - The Appraiser should consult with the County prior to assigning special
benefits to a remainder property.
Rounding - All numbers below $1,000 will be rounded to the nearest $50 increment. All
numbers above $1,000 and below $100,000 will be rounded to the nearest $100 increment.
Everything over $100,000 will be rounded to the nearest $1,000 increment.
DATA BOOKS
GENERAL NOTE: For multiple appraisal assignments a Data Book may be required in
accordance with the terms of the Appraisal Agreement between the Appraiser and Collier
County, Florida. Should the County desire that a data book be prepared for an appraisal
project, such will be stipulated in the bid solicitation generated by County staff, and it shall
be made a specific condition in the Appraisal Agreement between the Appraiser and Collier
County. Absent any such stipulation, a data book will not be required.
All of the sales sheets as well as the narrative discussion of the appraiser's market
observations and adjustments should be on 81/2" x 11" paper bound by a three ring binder
to accommodate the easy insertion of new sales sheets into the data book. A cover page
identifying the project for which the data book is prepared, the name of the appraiser, and
the date of its compilation, should be followed by a Table of Contents which must identify
the major sections into which the data book is divided. The data book must contain the
following:
1. Regional and neighborhood description and analysis. This information may be
omitted from each individual appraisal report as long as the written report directs the
reader's attention to the fact that this information is presented in the data book.
2. A "Sales Map" or "Location Map" showing the location of each comparable sale
property for which a Sales Data Sheet is contained in the Data Book. Such maps must be of a
scale, and produced with clarity, such that the location of each comparable sale property is
Page 13 ofl5
1681
discernible by the reader. Any Listings employed by the appraiser must also be shown on
the maps.
Separate tabbed sections for: (1) vacant land Sales Data Sheets, subdivided into groupings
based upon highest and best use, with listings grouped together within each sub-group; (2)
improved property Sales Data Sheets, subdivided into separate groups based upon present
use, with listings grouped together within each sub-group; (3) market adjustment studies; (4)
income, expense and capitalization rate studies; (5) regional analysis (unless the terms of the
agreement between Collier County and the Appraiser specifically exclude regional analysis
from the scope of the assignment(s); (6) neighborhood analysis; (7) applicable excerpts from
zoning regulations or such other reference materials upon which the Appraiser has
specifically relied in developing the appraisals; and (8) any special studies and/or
comparative analyses made during the development of the appraisals, and/ or which were
already in existence and upon which the Appraiser relied during the development of the
appraisals.
Page 14 of 15
EXHIBIT B
16B11
RATE SCHEDULE
Personnel Category
Appraiser
Staff Appraiser
Technical AssistancejClerical
Researcher
Expert Witness
Rate per hour
$150.00
$125.00
$ 60.00
$ 85.00
$200.00
This list is not intended to be all inclusive. Hourly rate fees for other categories of
professional, support and other services shall be mutually negotiated by the County and firm
on a project by project basis as needed
Page 15of15
Bl1
ACORDN CERTIFICATE OF LIABILITY INSURANCE DATE (MM/I?DflYYY)
12/31/2008
PRODUCER (407)849-0333 FAX: (407)425-5694 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
George Eidson Agency, Inc. dba Eidson HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTENO OR
P.O. Box 540209 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
2807 Edgewater Dr
Orlando FL 32854 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Travelers Indemn:i. tv of 25660
The Appraisal Group INSURER S"
378 CenterPointe Circle INSURER c.
Suite 1286 INSURER 0
Altamonte Springs FL 32701 INSURER E
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~~~~URANCE AFFORDED BY Ttl~~ :~~ICIES DES~~~~~II~~~:II~~IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
AD./ AT!:' LIMIT AY HA A I.
I~~: ~~~~ TYPE OF INSURANCE POLICY NUMBER Pa5'..t~~~~~6g~r P~~WI~':f,bRC'~N LIMITS
GENERAL L1ABIUTY EAf:H $ 1,000,000
- ~~~~&E TO RENT~D 1,000,000
X ~lMMERCIAL GENEF3!'..b..hIABILlTY $
'A CLAIMS MADE W OCCUR I-680-8468H753-TIA-09 . 1/20/2009 1/20/2010 MED EXP 'An one erson' $ 5,000
PFR'"N" unV'N'''RY $ 1,000,000
-
- GENERAL AGGREGATE $ 2,000,000
-il'L AGGREnE LIMIT AFlES PER oor.nllf'T'" _ f'''MP/r.o A'"''"' $ 2,000,000
X POLICY ~C.pT LOC
~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
ANY AUTO (Eaaccident)
- 1/20/2010
A ALL OVvNED AUTOS I-680-8468H753-TIA-09 1/20/2009 BODILY INJURY
- (Per person) $
f-- SCHEDULED AUTOS
~ HIRED AUTOS BODILY INJURY
(Per accident) $
~ NON-OWNED AUTOS
f-- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY EA ACCIDENT $
R ANY AUTO OTHER THAN r:.AAf'f' $
AUTO ONLY AGG $
EXCESS/UMBRELLA LIABILITY I,^c" $ 1,000,000
P OCCUR 0 CLAIMS MADE AGGREGATE $ 1,000,000
$
A ;1 ~EDUCTIBLE ISFCUP8468H753IND09 1/20/2009 1/20/2010 $
X RETENTlnN <t 5,000 $
WORKERS COMPENSATION AND l,WC STATU.it l"TH.
, ::i..,PL:::r..-Cr..$' iJhuiUT{ ___ _J.Q~_Yill/llnL__fR
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? E. L. DISEASE - EA EMPLOYEE $
~~~;ldescr~b~\~~~ler
PIAL PR VI IONS below E.L. DISEASE - POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONSlLOCATIONSNEHICLESfEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
*10 Days for Non Payment of Premium
Certificate holder is listed as an Additional Insured as respects the General Liability policy.
O(g- )O?J '7
16
CERTIFICATE HOLOER
CANCELLATION
Collier County Government
Purchasing Building
3301 E. Tamiami Trail
Naples, FL 34112
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE
INSURER ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
Carroll Frazier/CMP
~..
.r"~_~ -~: ~
@ACORO CORPORATION 1988
Page 1 of2
ACORD 25 (2001108)
INS025 (0108)08a
16812
MEMORANDUM
Date:
January 21, 2009
To:
Rhonda Cummings, Purchasing
Contract Specialist
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Contract #09-5141: Golden Gate Parkway & 1-75
Interchange Landscape Maintenance to
Hannula Landscaping and Irrigation, Inc.
Contractor: Hannula Landscaping and Irrigation, Inc.
Enclosed is one original contract, referenced above (Agenda Item
#16B12), approved by the Board of County Commissioners on Tuesday,
December 2, 2008.
The second contract will be kept in the Minutes and Records Department
as part of the Board's permanent records.
If you should have any questions, please contact me at 252-8406.
Thank you.
Enclosure (1)
16812
MEMORANDUM
TO:
FROM:
Ray Carter
Risk Management Department oj " /1
Rhonda Cummings, FCCN, CPPS, Contract specialis~ /J lbw~)
Purchasing Department " ,v~
DATE:
January 8, 2009
RE: Review of Insurance for Contract: #09-5141 "Golden Gate
Parkway & 1-75 Interchange (66th Street SW to 60th Street)
Landscape Maintenance"
Contractor: Hannula Landscaping and Irrigation, Inc.
n
This Contract was approved by the BCC on Decemb~r~, 2008; Agenda Item
16.B.12
Please review the Insurance Certificates for the above referenced contract. If
you have any questions, please contact me at extension 8941,
Thank you.
C: Darryl Richards, ATM
OATE RECEIVED
JAN 0 g 2009
IUSK HAHAGEtPT, (j /
L ( I'"'' u,'
11ftlU1-{ i, I!
/ I/,II{~
dod/RC
',vww.sunbiz,org - Department of State
Page 1 01'2
16812
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Florida Profit Corporation
HANNULA LANDSCAPING AND IRRIGATION, INC,
Filing Information
Document Number P92000010592
FEI Number 650375795
Date Filed 12/08/1992
State FL
Status ACTIVE
Last Event NAME CHANGE AMENDMENT
Event Date Filed 07/18/2008
Event Effective Date NONE
Principal Address
28131 QUAILS NEST LANE
BONiTA SPRGS FL 34135 US
Changed 04/29/1997
Mailing Address
28131 QUAILS NEST LANE
BONITA SPRGS FL 34135 US
Changed 04/29/1997
Registered Agent Name & Address
HANNULA, DALE F
28131 QUAiLS NEST LANE
BONITA SPRINGS FL 34135 US
Address Changed: 04/29/1997
Officer/Director Detail
Name & Address
Title PST
HANNULA, DALE F
28131 QUAILS NEST LANE
BONITA SPRINGS FL
Annual Reports
Report Year Filed Date
2006 04/17/2006
2007 04/30/2007
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04/28/2008
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04/28/2008 =-ANNUAL REPORT
04/30/2007 -- ANNUAL REPORT
04/1712006=6NNlJ6LREPORT
04/29/2005 -- ANNll6L REPORT
(HL28/~Q04_-c6NNlIAL REPORT
04/25/2003=6NN1I6L REPORT
05/1512002-- ANNUAL REPORT
05/02/2001 -- ANNUAL REPORT
m,/18/2000 -- ANNUALBEP_OBI
05/03/1999 -- ANNUi\1-.FEPORT
05/Q8/19B8.::::6NNl,JAL REPORT
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05/01/1996 -- ANNUAL REPORT
05/01/1995 =-ANNUAL REPORT
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16812
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10812
'l
,..
(Address)
1111111I11111111 !
900133055959
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(Requesto~s Name)
(Address)
(City/StatelZiplPhone #)
0-1'/le/OB--01C137--004 nlOS.OO
o PICK-UP 0 WAIT
D MAIL
(Business Entity Name)
(Document Number)
Certified Copies
Certificates of Status
'~
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('Elf" t'-'
-r'"
Special Instructions to Filing Officer:
Office Use Only
~ % D<6
t')\ \b
A
COVER LETTER
2-
A MCNPMEN,.5
,AI-r,l.l. <: ~ cb
1 G-B-1-2
TO: Amllndlllenl Section
Di"ision of Corporations
, ,-
NAMJo: Ot. CORPORATION: --1J ANN v I"
LANOSC/'PIN ", 1,,-,(, .
DOCUMENT NUMBER:
P '}2 0000 'oS''7.2-
A
H
03
f"1 !:5 000 " s.;., 3 '7
The enclosed Articles of Amendment and fee are submitted for filing,
-', \.Iv".,. ... " ,~,
Please return all correspondence concerning this matter TO the following:
D.c.I"
t-IANo.lV 1,0.
IN:nne I)f Clllll..~Cl Person)
~"N"'c,J ,... L,o,NOSc.AP,,,..Il. .,4-.-(0
(Finn! Company)
I t.1t /L....7',a ,J
I
I", L
cJ b 13 I
Q VA I 15 N",-rr {",N e:-
(Address)
10NIT,A
S'''ILINbS I f-:.L ]If.15S
(City! Stuk lluu'Zip Cc.de)
For further information concerning this matter, please call:
b~/e-
;J~NN <.J IA
at( 02..?'j
<=J 9.l - .:UI../ 0
(Nnrn~. "rCnnt;ll~t Pun;..m)
(Area CllJe &. Daytime Te.lephilne Num'hel':'
Enclosed is a check for the following amowlt,
0$35 Filing Fee
0$43.75 Filing ~:~e 6:.
Certificate of Sl.3tus
0$"13,75 Fitmg Fcc &.
CenlrieJ Copy
(Additirmal cPpy is
enclosed;
'y( $52.50 Filing Fee
~ CertiflcatenfStiltu::i
Cer1iued Cop~'
(AdJitional Copy
l~ I.:nc1..1l)l,;d)
$ Mailine Address
Amendment Section
Division of Corporations
P,O, Box 6327
Tallahassee. FL 32314
Slrcet Address
Amendment Section
Di vision of Corpormions
Clifton Building
2661 Executive Cen1er Circle
Tallaha;see, FL 32301
x 2
AME"NbMeNTS
----
lO'~L
-If
{os
00
16812
, ~
F"IL€D
2008 JUl
/8 PI1
ANN'; I... ~NP.sLI'PI"'" rir~,t,pv, 3:1,2
(Name of corporation as currently filed \\~th L~e Florida Dept. ~~'I_ s .~-~rf
(O/(/D,.'
Articles of Amendment
tll
Articles of Incorporation
of
pC! 2 Dooo loS'7.l"
(DOCUIntml nllmbt:f of corporation (if k.nown)
Pursuant to the provisions of section 607,1006, Florida Statutes, this Florida Profit Corporatioll
adopts the rollowing amendment(s) to its Articles orTlIcorporalion:
NEW CORPORATE NAME (if cbanl!in!!):
iJA.uJl>I", lANDS'APIN~ ...If' III.fl..I/;.A7,O"/. lNc.
(Must contain the word "corporntion./' "company," or "incorporated" or the abbreviation "Corp.," "Inc.," or "Co.")
(t\ pwfcssi0na! corp(H-atiun must contain the wmd "c1UI1ered", "professional associati0n," or the .:;.L-Jbrcviation "P.A")
AMENDM":NTS ADOPTIW- (OTHER THAN NAME CHANGE) Indicate Article Number(s)
and/or Article Title(s) being amended. added or deleted: (BE SPECifiC)
(Attach additional plJgelJ if n"ct::jsilJ')')
I r an amendment provides for exchange, reclassification, or cancellation of issued shares, provisions
for implementing the amendment ifnot contained in the amendment itself: {if not applicable, indicate N/Al
tJ I A
(continued)
16812
.
The date of each amendment(s) adoption:
Effective date if atlplicable J U L 'I' 11,.2. 00 6
(no more tb."ln 90 dars ~ft('r ~mcndmcnt file dale)
-::r LJ L '('
r I
.
2006
Adoption of Amendment(s)
(CHECK ONE)
JS'l The amendment(s) was/were approved by the shareholders, The number of votes cast for
the amendment(s) by the shareholders was/were sufficient for approval.
o The amendment(,) was/were approved by the shareholders through voting groups, The
following statement must be separate(v providedfor each valing group entil/ed to vote
separately on the amendment('):
"TIle number of \'otes cast for the amendment(s) wa,/were sufficient for approval by
"
\ voting group)
o The amendment(s) was/were adopted by the board of directors without shareholder action
and shareholder action was not reqLrired,
o The amendment(s) was/were adopted by the incorporators without shareholder action and
shareholder action was not required,
CJ ~ '
Signature .. 'J &>,~~t .
(By a director, president or 0 er officer . if directors or officers have not been
se]ec(~d, by an incnrpnr:l1nr - ifin the h:md:;; llf II receiyer. tnt'itce, or OTh~r c(~un
appointed fiduciary by that fiduciary)
t\ I. (-ru,-/)eA.lco:. i-IAN....V I....
(T )1led or printtll.! n<Jm~ of person signing)
fILe so I t>eN T
(Title of person signing)
FILING FEE: $35
Clienl#: 3,
1L01")
01 ~A
11/13/2008
THIS C.RTIFICAT.IS ISSUED AS A MArr.R OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON TH. C.RTIFICATE
HOLD.R, THIS C.RTIFICATE DO.S NOT AM.ND, .XTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
ILAl
ACORDm
CERTIFICATE OF LIABILITY INSURANCE
PRODUCER
Gulfshore Insurance, Inc.
4100 Goodlett. Road N, #100
Naples, FL 34103.3303
239 261-3646
INSURERS AFFORDING COVERAGE
INSURER A: FCCllnsurance Company
NAIC#
INSURED
Hannula L~ndscaplng, Inc.
Hannula Irrigation, Inc.
28131 Quails Nest Lane
Bonita Springs, FL 34135-6930
COVERAGES
TH. POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE PDLlCY PERIOD INDICATED, NOTWITHSTANDING
MN 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDuceD BY PAID ClAIMS.
~ IJm'I P_O' I TIVE
!i[ ~ TYPE OF INSURANCE POLICY NUM8.ER DATe.iMMiDO,.:,.;n-
A -"".NERAl LIABILITY GL00067391 01113/08
X COMMERCIAL GENERAL lIA81L1TY
I ClAlMSMADE ~ OCCUR
X PO Ded:l,OOO
INSURER B:
INSURER c:
INSURER D:
INSURER E:
Pg~l.fl {gr~~reN
01113/09
LIMITS
$1 000000 /.Ju,,'
$100 000
$5000
'1 000 000
$2 000 000
PRODUCTS - COMP/OP AGG $2 000 000
,
EACH OCCURRENCE
~AMAGE TO RENTE~nce'
MED EXP (Anyone person)
PERSONAl & ADV INJURY
GENERAL AGGREGATE
A
~'LAGGRE~ ;~~ AP~S PER:
I POlleY I I JECT I I Loe
~TOMOBILE LIABILITY
2L MY AUTO
_ ALL O'NNED AUTOS
___ SC~EDULEDAUTOS
~ HIRED AUTOS
.2L NON-OWNED AUTOS
CA00100451
01113/08
01113100
COMBINED SINGLE LIMIT
(E88Cdde.nl)
$1,000,000
SODlLY INJURY
(pllrparson)
$
BODILY INJURY
(Pereccldent)
$
PROPERTY DAMAGE
(para-rodent)
$
~~IJE LIABILITY
I ANY AUTO
OTHER THAN
AUTO ONLY:
A
UMB00062121
01113/08
01/13/09
EACH OCCURRENCE
~~SS/UMBRElLA lIABIltTY
ltJ OCCUR 0 ClAIMS MADE
I DEDUCTIBLE
xi ~ETENTION $10000
~ WORKERSCOMPENsAnONAND
EMPLOYERS' LIABILITY
MN PROPRIETORIPARTNER/EXECUTIVE
OFFICERlMEMBER EXCLUDED?
gWdLl.t~~~.Jl~1g~s Mlow
OTHER
AGGREGATE
00lWC08A40029
01/01/08
01/01/09
DESCRIPTION OF OPERATlONS I LOCATIONS J VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
Project: ITB#00.5141'. "Golden Gate Parkway & 1.75 Interchange (66th Street SW to 60th
St) Landscape Maintenance" ,
Collier County Board of County Commissioners is Named as Additional Insured As Respects
to General Liability Only per CG2033 0704 & CGL021 0403. '30 days notice of cancellation,
(See Attached Descriptions)
CERTIFICATE HOLDER CANCELLATION
Collier County Government
3301 East Tamlaml Trail
Purchasing Building
Naples, FL 34112
SHOULD ANY OFTHE ABOve: DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUINl3INSURER WILL ENDEAVOR TO MAlL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL
IMPOSE NO OBLIGATION OR UABIUTY OF ANYKIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES,
AUT~$IZED RE:;;:.eSENTATIVE
2'jJ,..o 7'Z.""'~~
tlc.<Y",i1ci"":::
ACORD 25 (2001106) 1 of 3
#S344304/M326961
JPE
@ ACORD CORPORATION 1966
IMPORTANT
If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed, A statement
on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s),
If SUBROGATION IS WAiVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the Issuing insurer(s), aulhorlzed representalive or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon,
ACORD 25.S (2001108) 2 of 3
#S344304/M326961
'DESCRIPTIONS (Continued from Page 1), '
except 10 days for nonpayment, The umbrella extends the limits of general liability,
automobile liability, and employers liability.
V
3 of 3 #S344304/M326961
Client#: 3,
ILAl
ACORDw
CERTIFICATE OF LIABILITY INSURANCE
DATE (MMlDDIYYYY)
11/13/2008
THIS CERTIFICATE IS ISSUEO 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 BELOW.
PRODUCER
Gulfshore Insurance, Inc.
4100 Goodlette Road N, #100
Naples, FL 34103 -3303
239 261-3646
INSURERS AFFORDING COVERAGE
INSURERk FCCllnsurance Company
INSURER B:
INSURER c:
INSURER D:
INSURER E:
NAIC#
INSURED
Hannul~ Landscaping, Inc.
Hannula Irrigation, Inc.
28131 Quails Nest lane
Bonita Springs, FL 34135-6930
COVERAGE~
THE POLICIES OF fNSUAA\lCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF my CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES,AGGREOATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
~~ TYPE OF INSURANCE POLICY NUMBER OLIO EFF68ID..E Pg~~lITlPIRATIO LIMITS
A ~NERAL LIABILITY GLOO067391 01113/08 01/13/09 EACH OCCURRENCE $1 000 000
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $100 000
I ctAlMS MADE [jJ OCCUR MED EXP (Anyone parson) $5000
X PO Ded:l,OOO PERSONAL & ADV INJURY '1 000 000
GENERAL AGGREGATE '2 000 000
~'~AGG~En~lIMIT APnS PER: PRODUCTS. COMP/O? AGG '2 000 000
POLICY ~~~T lOC
A ~TOMoelLE LIABILITY CA00100451 01113/08 01/13/09 COMBINED SINGLE LIMIT
~ ANY AUTO (Ea accldent) '1,000,000
- ALL OWNED AUTOS BOOIL Y INJURY
(pllrperson) ,
- SCHEDULED AUTOS
~ HIRED AUTOS BOOIl Y INJURY
$
~ NON-OWNED AUTOS (peracc!dent)
PROPERTY DAMAGE ,
(Peraccldent)
~~GE LIASILITY AUTO aNL y. EA ACCIDENT ,
ANY AUTO OTHER THAN EA ACe $
AUTO ONLY: AGG $
A ~~SSfUMBREltA LIABILITY UMBOO062121 01113/08 01/13/09 EACH OCCURRENCE $3 000 000
X OCCUR D CLAIMS MADE AGGREGATE ,3 000 000
$
~ ~EDUCTIBLE $
X RETENTION ,10000 $
A WORKERS COMPENsAnON AND 001WC08A40029 01/01/08 01/01/09 X l_wCST~IY:.l IOd!,"
EMPLOYERS' LIABILITY $500,000
ANY PROPRIETORIPARTNER/EXECUIWE E.L. EACH ACCIDENT
OFFICeRJMEMeER EXCLUDED? E.l. DISEASE. EA EMPLOYEE $500.000
IfYM,describeunder E.L DISEASE - POLICY LIMIT $500.000
SPECIAL PROVISIONS Mlow
OTHER
DESCRIPTION OF OPERATIONS J LOCAnONS J VEHICLES I EXCL.USIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Project: ITB#09-5141 - "Golden Gate Parkway & 1-75 Interchange (66th Street SW to 60th
St) Landscape Maintenance"
Collier County Board of County Commissioners Is Named as A;ldltlonellnsured As Respects
to General Liability Only per CG2033 0704 & CGL021 0403. '30 days notice of cancellation,
(See Attached Descriptions)
CERTIFICATE HOLDER
CANCELLATION
Collier County Government
3301 East Tamlami Trail
Purchasing Building
N~ples, FL 34112
SHOUL.D ANY OF THE ABOve DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SOSHAL.L
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES,
AUT IZED REP ESENTATlVE!
ACORD 25 (2001/08) 1 of 3
#S344304/M326961
JPE
@ ACORD CORPORATION 19BB
'I
IMPORTANT
If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed, A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s),
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder In lieu of such endorsement(s),
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the Issuing Insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon,
ACORD 25-5 (2001108) 2 of 3
#S344304/M326961
-
DESCRIPTIONS (Continued from Page 1)
except 10 days for nonpayment, The umbrella extends the limits of general liability,
automobile liability, and employers liability.
AMS 25,3 (2001/08)
3 of3
#S344304/M326961
,
A G R E E MEN T 09-5141
16812
for
Golden Gate Parkway & 1-75 Interchanqe (66th Street SW to 60th Street) Landscape
Maintenance
THIS AGREEMENT is made and entered into this 2nd day of December, 2008, 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 "County" or "Owner") and Hannula Landscaping and
Irrigation, Inc., authorized to do business in the State of Florida, whose business address is 28131
Quails Nest Lane, Bonita Springs, FL 34135 (hereinafter referred to as the "Contractor"),
WIT N E SSE T H:
1, COMMENCEMENT: The contract shall be for a one (1) year period, commencing upon Notice to
Proceed and terminating in one (1) year. This contract shall have three (3) one (1) year renewals,
renewable annually, The County Manager, or his designee, may, at his discretion, extend the
Agreement under all of the terms and conditions contained in this Agreement for up to one
hundred eighty (180) days, The County Manager, or his designee, shall give the Contractor
written notice of the County's intention to extend the Agreement term not less than ten (10) days
prior to the end of the Agreement term then in effect.
2. STATEMENT OF WORK: The Board of County Commissioners deemed one (1) firm to be pre-
qualified and awarded a Contract. The awardee will enter into an Agreement to provide complete
services for Golden Gate Parkway and 1-75 InterchanQe Landscape Maintenance on an as-
needed basis as may be required by the Owner in accordance with the terms and conditions of
Bid #09-5141 and the Contractor's proposal, which is incorporated by reference and made an
integral part of this Agreement.
3, COMPENSATION: The Owner shall pay the Contractor for the performance of the Agreement
pursuant to the unit price schedule offered by the Contractor in his bid, together with the cost of
any other charges/fees submitted in the proposal. In such instances, the Contractor shall submit a
copy of the appropriate pages from said price list with the invoice for the on-bid items, Payment
will be made upon receipt of a proper invoice and upon approval by the Project Manager or his
designee, and in compliance with Section 218,70, Fla. Stats, , otherwise known as the "Florida
Prompt Payment Act". Any County agency may utilize the services offered under this contract,
provided sufficient funds are included in its budget(s),
4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to
the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following Contractor's address of record:
Hannula Landscaping and Irrigation, Inc,
Attn: Dale Hannula
28131 Quails Nest Lane
Bonita Springs, FL 34135
Phone: (239) 992-2210
Fax: (239) 498-6818
Page -1-
16Bl~
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
County's address of record:
Collier County Government Complex
Purchasing Department
3301 East Tamiami Trail
Purchasing Building G
Naples, Florida 34112
Attention: Stephen y, Carnell
Purchasing/General Services Director
Phone: 239-252-8371
Fax: 239-732-0844
The Contractor and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Service Agreement must be in writing.
5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County,
6, PERMITS: LICENSES: TAXES: In compliance with Section 218,80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but is responsible for acquiring all
permits, Owner may require the Contractor to deliver internal budget transfer documents to
applicable Collier county agencies when the Contractor is acquiring permits,
All permits, fees and licenses necessary for the prosecution of the Work which are not issued by
Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales,
consumer, use and other similar taxes associated with the Work or portions thereof, which are
applicable during the performance of the Work,
7, NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any
manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
or of any governmental rule or regulation now in effect or hereafter enacted or adopted, In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any
such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours
after receiving notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured, The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County,
8, TERMINATION: Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of this Agreement, the County may terminate
said Agreement immediately for cause; further the County may terminate this Agreement for
Page -2-
16B12
convenience with a seven (7) day written notice, The County shall be sole judge of non-
performance,
9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin,
10, INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability,
This shall include Premises and Operations; Independent contractors; Products and
Completed Operations and Contractual Liability.
B, Business Auto Liabilitv: Coverage shall have minimum limits of $2,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-
Ownership.
C, Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws. The coverage must include Employers'
Liability with a minimum limit of $1,000,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be maintained
by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the
County thirty (30) days prior to any expiration date, There shall be a thirty (30) day
notification to the County in the event of cancellation or modification of any stipulated
insurance coverage.
Contractor shall insure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions,
11, INDEMNIFICATION: To the maximum extent permitted by Florida law, the
ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone
employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement.
This indemnification obligation shall not be construed to negate, abridge or reduce any other rights
or remedies which otherwise may be available to an indemnified party or person described in this
paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier County,
Page -3-
16812
12 BONDS.
A. When a construction project is in excess of $200,000, the Contractor(s) shall be
required to provide Payment and Performance Bonds,
B, When required by Owner, the Contractor shall furnish a Performance and/or Payment
Bond prior to commencing performance, for the full amount of the Work, which shall act as a
security guaranteeing the performance of the Contractor's work and the payment by the
Contractor to any other party (ies) providing labor and/or materials in connection with each
construction or renovation project performed by the Contractor. The bonds shall be furnished
using the forms prescribed in Exhibit "A",
C, If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business in the State of Florida, or it ceases to meet the
requirements imposed by the Contract Documents, the Contractor shall, within five (5)
calendar days thereafter, substitute another bond and surety, both of which shall be subject
to the Owner's approval.
13, PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in
excess of thirty (30) days, the Contractor may indicate on his response to the Request for
Quotation his wish to receive Progress Payments. Subsequent to the first payment, Contractor
must provide Owner with a fully executed Release and Affidavit in the form attached hereto as
Exhibit "B" as a condition precedent to release of each progress payment. All applications for
payment, whether for full payment or a progress payment shall be in writing, and in substantially
the form attached hereto as Exhibit "C",
14, PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or
portions thereof, because of defective or incomplete work, outstanding punchlist items,
subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole
or any part of any approval for payment previously issued and Owner may withhold any
payments otherwise due Contractor under this Agreement or any other agreement between
Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it
from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable
evidence indicating probable fling of such claims; (c) failure of Contractor to make payment
properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the
Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication
that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of
the Work by the Contractor; or (g) any other material breach of the Contract Documents.
If any conditions described above are not remedied or removed, Owner may, after three (3) days
written notice, rectify the same at Contractor's expense. Owner also may offset against any
sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to
Owner, whether relating to or arising out of this Agreement or any other agreement between
Contractor and Owner,
15. SUBMITTALS AND SUBSTITUTIONS, Any substitution of products/materials from
specifications shall be approved in writing by Owner in advance,
16, CONTRACT TIME AND TIME EXTENSIONS,
A. Time is of the essence in the performance of any Work under this Agreement and Contractor
shall diligently pursue the completion of the Work and coordinate the Work being done on the
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Project by its subcontractors and materialmen, as well as coordinating its Work with all work of
others at the Project Site, so that its Work or the work of others shall not be delayed or
impaired by any act or omission by Contractor. Contractor shall be solely responsible for all
construction means, methods, techniques, sequences, and procedures as well as coordination
of all portions of the Work under the Contract Documents, and the coordination of Owner's
supplies and contractors,
B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as
a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or
neglect, including but not restricted to acts of Nature or of the public enemy, acts of
Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor
shall notify the Owner in writing within forty-eight (48) hours after the commencement of such
delay, stating the cause or causes thereof, or be deemed to have waived any right which
Contractor may have had to request a time extension,
C, No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the Work from any cause whatever, including those for which Owner may be
responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to
any right to damages or additional compensation from Owner, Contractor expressly
acknowledges and agrees that it shall receive no damages for delay, Contractor's sole
remedy, if any, against Owner will be the right to seek an extension to the Contract Time;
provided, however, the granting of any such time extension shall not be a condition precedent
to the aforementioned "No Damage for Delay" provision, This paragraph shall expressly apply
to claims for early completion, as well as to claims based on late completion,
17, CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the
Work to increase or decrease the Work, Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as a result
of the change. Except in an emergency endangering life or property, or as expressly set forth
herein, no addition or changes to the Work shall be made except upon written order of Owner,
and Owner shall not be liable to the Contractor for any increased compensation without such
written order. No officer, employee or agent of Owner is authorized to direct any extra or
changed work orally, Any modifications to this Contract shall be in compliance with the County
Purchasing Policy and Administrative Procedures in effect at the time such modifications are
authorized.
A Change Order in the form attached as Exhibit "D" to this Agreement, shall be issued and
executed promptly after an agreement is reached between Contractor and Owner concerning
the requested changes, Contractor shall promptly perform changes authorized by duly executed
Change Orders, The Contract Amount and Contract Time shall be adjusted in the Change order
in the manner as Owner and Contractor shall mutually agree,
18. COMPLIANCE WITH LAWS, Contractor agrees to comply, at its own expense, with all federal,
state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable
to the Project, including but not limited to those dealing with taxation, workers' compensation,
equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553,
Florida Statutes), If Contractor observes that the Contract Documents are at variance therewith,
it shall promptly notify Owner in writing,
19, CLEAN UP, Contractor agrees to keep the Project site clean at all times of debris, rubbish and
waste materials arising out of the Work, At the completion of the Work, Contractor shall remove
all debris, rubbish and waste materials from and about the Project site, as well as all tools,
Page -5-
16B12
appliances, construction equipment and machinery and surplus materials, and shall leave the
Project site clean and ready for occupancy by Owner.
20. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any
part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all
of the obligations and responsibilities that Contractor has assumed toward Owner.
21, WARRANTY, Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures
to be incorporated into the Project. Contractor warrants to Owner that any materials and
equipment furnished under the Contract Documents shall be new unless otherwise specified,
and that all Work shall be of good quality, free from all defects and in conformance with the
Contract Documents,
Contractor further warrants to Owner that all materials and equipment furnished under the
Contract Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers, fabricators,
suppliers or processors except as otherwise provided for in the Contract Documents,
If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after receipt of
written notice from Owner. Contractor shall also be responsible for and pay for replacement or
repair of adjacent materials or Work which may be damaged as a result of such replacement or
repair. These warranties are in addition to those implied warranties to which Owner is entitled
as a matter of law,
22. STANDARDS OF CONDUCT: PROJECT MANAGER. SUPERVISOR, EMPLOYEES, The
CONTRACTOR shall employ people to work on COUNTY projects who are neat, clean,
well-groomed and courteous, Subject to the American with Disabilities Act, CONTRACTOR shall
supply competent employees who are physically capable of performing their employment duties.
The COUNTY may require the CONTRACTOR to remove an employee it deems careless,
incompetent, insubordinate or otherwise objectionable and whose continued employment on
Collier County projects is not in the best interest of the County,
23, TESTS AND INSPECTIONS, If the Contract Documents or any codes, laws, ordinances, rules
or regulations of any public authority having jurisdiction over the Project requires any portion of
the Work to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish to the Owner the
required certificates of inspection, testing or approval. All inspections, tests or approvals shall
be performed in a manner and by organizations acceptable to the Owner.
24, PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such
loss or damage until final payment has been made, If Contractor or anyone for whom
Contractor is legally liable is responsible for any loss or damage to the Work, or other work or
materials of Owner or Owner's separate contractors, Contractor shall be charged with the
same, and any monies necessary to replace such loss or damage shall be deducted from any
amounts due Contractor,
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B, Contractor shall not load nor permit any part of any structure to be loaded in any manner that
will endanger the structure, nor shall Contractor subject any part of the Work or adjacent
property to stresses or pressures that will endanger it.
C, Contractor shall not disturb any benchmark established by the Owner with respect to the
Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally
liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The
Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by
Owner associated therewith,
25, EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or
the Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner is obligated to act to prevent threatened damage, injury
or loss, Contractor shall give the Owner written notice within forty-eight (48) hours after the
occurrence of the emergency, if Contractor believes that any significant changes in the Work or
variations from the Contract Documents have been caused thereby,
If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a Change Order shall be issued to document the
consequences of the changes or variations,
If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor
shall be deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time,
26, COMPLETION, When the entire Work (or any portion thereof designated in writing by Owner) is
ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such
designated portion) is substantially complete and request that Owner issue a Certificate of
Substantial Completion, Within a reasonable time thereafter, Owner and Contractor shall make
an inspection of the Work (or designated portion thereof) to determine the status of completion.
If Owner does not consider the Work (or designated portion) substantially complete, the Owner
shall notify Contractor in writing giving the reasons therefor,
If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare
and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which shall fix the
date of Substantial Completion for the entire Work (or designated portion thereof) and include a
tentative punchlist of items to be completed or corrected by Contractor before final payment.
Owner shall have the right to exclude Contractor from the Work and Project site (or designated
portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor
reasonable access to complete or correct items on the tentative punchlist.
Upon receipt of written certification by Contractor that the Work is completed in accordance with
the Contract Documents and is ready for final inspection and acceptance, Owner will make such
inspection and, if Owner finds the Work acceptable and fully performed under the Contract
Documents, he shall promptly issue a Certificate of Final Completion, Exhibit F, recommending
that on the basis of his observations and inspections, and the Contractor's certification that the
Work has been completed in accordance with the terms and conditions of the Contract
Documents, that the entire balance found to be due Contractor is due and payable, Final
payment shall not become due and payable until Contractor submits:
(1) The Release and Affidavit in the form attached as Exhibit "B",
Page-7-
(2) Consent of Surety (if applicable) to final payment.
(3) If required by Owner, other data establishing payment or satisfaction of all obligations,
such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the
extent and in such form as may be designated by Owner.
16812
Owner reserves the right to inspect the Work and make an independent determination as to the
acceptability of the Work, Unless and until the Owner is completely satisfied, the final payment
shall not become due and payable,
27, LIQUIDATED DAMAGES, The "Commencement Date" shall be established in the Notice to
Proceed to be issued by the Owner. Contractor shall commence the work within five (5)
calendar days from the Commencement Date, No Work shall be performed at the Project site
prior to the Commencement Date, Any Work performed by Contractor prior to the
Commencement Date shall be at the sole risk of Contractor.
The Work shall be substantially completed within the time specified in the Request for Quotation,
The date of substantial completion of the Work (or designated portions thereof) is the date
certified by the Owner when construction is sufficiently complete, in accordance with the
Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof)
for the use for which it is intended, The Work shall reach final completion and be ready for final
acceptance by Owner within the time specified in the Request for Quotation,
Owner and Contractor recognize that since time is of the essence for any work under this
Agreement, Owner will suffer financial loss if the Work is not substantially completed within the
time specified in the Request for Quotation. Should Contractor fail to substantially complete the
Work within the specified time period, Owner shall be entitled to assess as liquidated damages,
but not as a penalty, the amount specified in the Request for Quotation for each calendar day
thereafter until substantial completion is achieved,
The Project shall be deemed to be substantially completed on the date the Owner issues a
Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly
waives and relinquishes any right which it may have to seek characterize the above noted
liquidated damages as a penalty, which the parties agree represents a fair and reasonable
estimate of the Owner's actual damages at the time of contracting if Contractor fails to
substantially complete the Work in a timely manner,
When any period of time is referenced by days herein, it shall be computed to exclude the first
day and include the last day of such period. If the last day of any such period falls on a Saturday
or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day
shall be omitted from the computation, and the last day shall become the next succeeding day
which is not a Saturday, Sunday or legal holiday.
28, CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County
by the Alternative Transportation Modes Department.
29. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set out
verbatim, including: Contractor's Proposal, Insurance Certificate, Bid 09-5141, any addenda, any
QuotationlWork Order made or issued pursuant to this Agreement, and any related plans or
specifications for any such Quotations or Work Orders.
Page -8-
16812
30, PROHIBITION OF GIFTS TO COUNTY EMPLOYEES, No organization or individual shall offer
or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any
County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics
Ordinance No, 2004-05, and County Administrative Procedure 5311, Violation of this provision
may result in one or more of the following consequences: a, Prohibition by the individual, firm,
and/or any employee of the firm from contact with County staff for a specified period of time; b,
Prohibition by the individual and/or firm from doing business with the County for a specified
period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c,
immediate termination of any contract held by the individual and/or firm for cause,
31, SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the
parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners,
32, SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the Work, No
markup shall be applied to sales tax,
33, IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully responsible
for complying with the provisions of the Immigration Reform and Control Act of 1986 as located
at 8 U,S,C, 1324, et seq, and regulations relating thereto, as either may be amended, Failure by
the Contractor to comply with the laws referenced herein shall constitute a breach of this
agreement and the County shall have the discretion to unilaterally terminate this agreement
immediately.
34, VENUE: Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters,
35, OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and
agrees to the successful proposer extending the pricing, terms and conditions of this solicitation
or resultant contract to other governmental entities at the discretion of the successful proposer.
36. AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or otherwise
unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect.
Page -9-
16812
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written,
ATTEST: , '
"" ."-<'1"
Dwigtlf~,BrbCk, Clerk of Courts
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First Witness
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Type/Print Witness Name
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
airman
By:
Signature
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Typed Signature
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Title
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Page -10-
16B12
EXHIBIT A
PUBLIC PAYMENT BOND
Bond No,
Contract No, 09-5141
KNOW ALL MEN BY THESE PRESENTS: That
, as
Principal, and , as Surety, located at_
(Business Address)
are held and firmly bound to as
Oblige in the sum of ($) for
the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors
and assigns, jointly and severally,
WHEREAS, Principal has entered into a contract dated as of the
,200_, with Oblige for
day of
in accordance with
drawings and specifications, which contract is incorporated by reference and made a part hereof, and
is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255,05(1), Florida Statutes,
supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full
fo rce,
Any changes in or under the Contract and compliance or noncompliance with any formalities
connected with the Contract or the changes do not affect sureties obligation under this Bond,
The provisions of this bond are subject to the time limitations of Section 255,0592, In no event
will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment
Bond, regardless of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
200_, the name of under-signed representative, pursuant to authority of its governing
body,
Page -11-
16B12
Signed, sealed and delivered
in the presence of:
PRINCIPAL:
Witnesses as to Principal
By:
Name:
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
, as
corporation, on
of
200_, by _
,a
known to me OR has produced
not) take an oath.
of
behalf of the corporation, He/she is personally
as identification and did (did
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
ATTEST:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
OR
Page -12-
16B12
Witnesses
As Attorney in Fact
(Attach Power of Attorney)
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
200_, by , as
of , Surety, on behalf of Surety, He/She is personally known
to me OR has produced as identification and who did (did not) take an oath,
My Commission Expires:
(Signature of Notary)
(AFFIX OFFICIAL SEAL)
Name:
(Legibly Printed)
Notary Public, State of
Commission No,:
Page -13-
16B12
EXHIBIT A-2
PUBUC PERFORMANCE BOND
Bond No,
Contract No. 09-5141
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal, and
, as Surety, located at
(Business Address) are held and firmly bound to
, as Oblige in the sum of
($ ) for the payment whereof we bond ourselves, our heirs,
executors, personal representatives, successors and assigns, jointly and severally,
WHEREAS, Principal has entered into a contract dated as of the _ day of
200_, with Oblige for
in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat
hereof, and is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1, Performs the Contract at the times and in the manner prescribed in the Contract, and
2, Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of
any default by Principal under the Contract, including, but not limited to, all delay damages, whether
liquidated or actual, incurred by Oblige; and
3, Performs the guarantee of all work and materials furnished under the Contract for the time specified
in the Contract, then this bond is void; otherwise it remains in full force, Any changes in or under
the Contract and compliance or noncompliance with any formalities connected with the Contract or
the changes do not affect Sureties obligation under this bond,
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time,
alterations or additions to the terms of the Contract or other work to be performed hereunder, or the
specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby
waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or
to work or to the specifications.
Page -14-
16812
This instrument shall be construed in all respects as a common law bond, It is expressly understood
that the time provisions and statute of limitations under Section 255,05, Florida Statutes, shall not apply to this
bond.
In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this
Performance bond regardless of the number of suits that may be filed by Oblige,
IN WITNESS WHEREOF, the above parties have executed this instrument this
200_, the name of each party being affixed and these presents
undersigned representative, pursuant to authority of its governing body,
day of
duly signed by its
Signed, sealed and delivered
in the presence of :
PRINCIPAL:
Witnesses as to Principal
By:
Name:
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
200_, by , as of
, a corporation, on behalf of the corporation,
He/She is personally known to me OR has produced as identification and
did (did not) take an oath,
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No,:
Page -15-
16812
ATTEST:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
200_, by ,as
of , Surety, on behalf of Surety, He/She is personally known
to me OR has produced as identification and who did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
(AFFIX OFFICIAL SEAL)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
Page -16-
16812
COUNTY OF COLLIER )
STATE OF FLORIDA )
EXHIBIT B
RELEASE AND AFFIDAVIT FORM
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $
paid, ("Contractor") releases and waives for itself and it's
subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses,
whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in
any way to the performance of the Agreement between Contractor and Owner, dated
200_ for the period from to
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges
for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a
lien or a demand against any payment bond might be filed, have been fully satisfied and paid,
(3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions,
claims of liens or other charges filed or asserted against the Owner arising out of the performance by
Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment
No._
CONTRACTOR
BY:
ITS:
President
DATE:
Witnesses
[Corporate Seal]
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
200_, by , as of
, a corporation, on behalf of the corporation,
personally known to me or has produced
identification and did (did not) take an oath.
He/she is
as
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No,:
Page -17-
16B12
EXHIBIT C
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER)
FROM:
(Contractor's Representative)
(Contractor's Name)
(Contractor's Address)
RE:
Name)
Bid No, 09-5141
Project No,
Application Date
Payment Application No,
for Work accomplished through the Date:
(Project
Original Contract Time:
Revised Contract Time:
Retainage @ 10% thru[insert date] $
Retainage @ _% after [insert date] $
Percent Work completed to Date:
Percent Contract Time completed to Date
%
%
Liquidated Damages to be Accrued $
Original Contract Amount: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
Less previous payment (s) $
AMOUNT DUE THiS
APPLICATION $
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 _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will 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: (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added
to the revised contract and shall be incorporated into a future Change Order:
By CONTRACTOR:
DATE:
(Contractor's Name)
(Signature)
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
By Design Professional:
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
(DP's Name)
(Signature) DATE:
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
(Type Name & Title)
By OWNER'S Project Manager:
Page -18-
(Signature) DATE:
(Type Name and Title)
16B12
EXHIBIT 0
CHANGE ORDER
CHANGE ORDER NO.
CONTRACT NO. 09-5141
TO:
DATE:
PROJECT NAME:
PROJECT NO,:
Under our AGREEMENT dated
,200_,
You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions
of the Agreement:
FOR THE (Additive) (Deductive)
Sum of: $
($
Original Agreement Amount $
Sum of Previous Changes $
This Change Order (Add) (Deduct) $
Present Agreement Amount $
The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly,
the Contract Time is now <-l calendar days, The substantial completion date is and the
final completion date is Your acceptance of this Change Order shall constitute a modification to our
Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above,
as fully as if the same were repeated in this acceptance, The adjustment, if any, to the Agreement shall constitute a full and
final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims
for impact and delay costs.
Accepted:
,200_
CONTRACTOR:
OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
DESIGN PROFESSIONAL:
By:
Page -19-
16B12
EXHIBIT E
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
ENGINEER'S Project No,
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial completion applies to all Work under the Contract documents or to the
following specified parts thereof:
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be
substantially complete in accordance with the contract documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto, This list may not be all-
inclusive, and the failure to include an item in it does not alter the responsibility of the CONTRACTOR
to complete all the Work in accordance with the Contract Documents, The items in the tentative list
shall be completed or corrected by CONTRACTOR within days of the above date of
Substantial Completion,
Page -20-
16B12
The responsibilities between OWNER and CONTRACTOR for security, operation, safety,
maintenance, heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR:
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance
with the Contract Documents,
Executed by Design Professional on
,200
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,200_
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
,200_
OWNER
By:
Type Name and Title
Page -21-
EXHIBIT F
16812
CERTIFICATE OF FINAL COMPLETION
OWNER'S Project No.
PROJECT:
ENGINEER'S Project No,
CONTRACTOR
Contract For
Contract Date
This Certificate of Final completion applies to all Work under the Contract documents,
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be
finally complete in accordance with the contract documents on:
DATE OF FINAL COMPLETION
Page -22-
16B12
The following warranty is attached to and made a part of this Certificate:
Executed by Design Professional on
,200_
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of final Completion on
2004
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of final Completion on
2004
OWNER
By:
Type Name and Title
Page -23-
16812
EXHIBIT G
WARRANTY
In consideration of ten dollars, ($10,00), receipt of which is hereby acknowledged, the undersigned
CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the
contract either directly performed by the CONTRACTOR or at the express request of the
CONTRACTOR by a SUBCONTRACTOR or CONSULTANT,
Project Name:
Date of Final Completion:
Name and Address of CONTRACTOR:
CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of
all defects of materials and workmanship for a period of one year from the DATE OF FINAL
COMPLETION,
The undersigned party further agrees that it will, at its own expense, replace and/or repair all
defective work and materials and all other work damaged by any defective work upon written demand
by the COUNTY. It is further understood that further consideration for this warranty and guaranty is
the consideration given for the requirement pursuant to the general conditions and specifications
under which the contract was let that such warranty and guaranty would be given,
This warranty and guaranty is in addition to any other warranties or guarantees for the work
performed under the contract and does not constitute a waiver of any rights provided pursuant to
F/orida Statutes, Chapter 95, et seq.
DATE:
CONTRACTOR
BY:
Attest:
Page -24-
"I'a.....; ".7. HANLA1
ACORD.. CERTIFICATE OF LIABILITY INSURANCE 1 DATE(MIWDIYYYY)
01109/09
PROOUCER THIS CERTlFlCAn; IS ISSIIED AS A MA Tn:R OF INFORMATION
Gulfshore Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
4100 Good_ Road North HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
Naples, FL 34103 -3303
239261-3646 INSURERS AFFORDING CDVERAGE MAlC'
- INSURER" FCCllnsurance CompanY
Hannula Landacaplng & Irrigation, Ine. INSURER 8:
28131 Qualls Neat Lane INSURER c:
Bonita Springe, FL 34135-6930 iNSURER 0:
INSURER E:
16812
COVERAGES
THE POLtClES OF INSURANCE LISTED BELOW HAve BEEN ISSUED TO THE INSUREIJ NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDtTION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE iSSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POliCIES OESCRfBEO HEREIN IS SUBJECT TO AlL THE TERMS. EXCLUStoNS AND CONDITIONS OF SUCH
~S' AOGREGATE LIMITS SHOWN MAY HAVE BeEN REDUCED BY PAID CLA~
TYPE OF 118URANCE POLICY.....-eR: PO RA ......
A ~LlABIlIfY GL00067391 01/13109 01/13110 iiirRRENCE .1,000.000
X OOMMERCW. GENERAL LlABlI..flY TO RENTED .1MMO
I CLAIMS MADE [j] OCCUR MED exP-~~;'" onlt pInOn) '5000
!. PO Ded;1.000 PERSONAl & ADV INJURY .1000000
- GENERAL AGGREGATE .2 000 000
~~nUMlTnSIPER: PRODUCTS - CO"'/OP AGO .2 000 000
POLICY ~ LOC
A ~UA8lLITY CA00100451 01/13109 01/13110 COMBINED SINGLE LIMIT
!. NNAUTO (Ea Kdd8nt) '1,000.000
- All OWNED MlTOS BODILY INJURY
.
X SCHEDUlED AUTOS (PefJMdOl'l)
HIRED AUTOS BODilY INJURY
"- .
!. NON-OWNED AUTOS (Peraocli;Mlnt)
- PROPERTY DAMAGE .
{Per accident)
........ UAIllUTY AUTO ONLY - EA ACCIDeNT .
::r ANY AUTO OTHER THAN EA ACC .
AUTO ONLY: AOO .
A ~EIUJM8RELLA UABlLITY UMBOO062121 01/13/09 01/13110 EACH OCCURRENCE .3 000 000
X OCCUR 0 a.AlMS MADE . AGGREGATE .3 000 000
.
~ DEDUCTIBLE .
X RETENTION .10000 .
A WORKERS COlltEMMl1Off AND 001WC0SA40029 01/01/09 01/01/10 X we AlU. IOJ.tl-
EllPt.OYERS'LIABILITY .500 000
AAY PROPRlETORIPARlNERJEXECUTI\Ie E.l. EACH ACCIDENT
OFFICERlMEUBER EXCLUDED? E.l. DISEASE - EA EMPlOVEE .500 000
, ~~,~-:;'~~ .500 000
P IONSbeIow E.L. DISEASE - POliCY LIMIT
OTHER
DEICIUP1ION Of OPERAl'IONa IlOCAllONIl venCLQ I EXCLU8IONI ADDeD BV I!HDORIUlENT I ...eCtAL PROVIlMONS
Re: 1-75@ Golden Gate PkWy, Landscape ImprovementColUer County Is Named
as Addlttonal
Insured wtth Respects to Genenol Liability par CG2033 0704. *30 days
nollee of cancellation, except 10 days for nonpaymenl
(See Attached Descriptions)
CERTIFICATE HOLDER
CANCELLATION
Collier County
3301 Tamlaml Trail E.
Naples, FL 34112
SHOULD ANY OF THE Aat1VE DESCRlBEO POLICES BE C"_IIll:h BEFORt THE EXPlRAnoN
DATE THEREOf,lMEeHUlNO"SURERWR.LENDEAYORTOIMll .....30.... DAYSWRfTTEN
NOTICE TO ntE CERTlACAlE HOLDER HAlED TO 1ME lEFT. BUT FAILURE TO 00 so SHALL
..ose NO OBL.JGAnoN OR lIABILITY OF ANY KIND W"QN THE MURER,ITIMJENTS OR
REPREIENTATWES.
A
ACORD 25 (2OB1108) 1 of 3
1S3478131M347812
CAH
a ACORD CORPORATION 11188
16812
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificete holder in lieu of such endOl1Hlment(s),
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurence on the reverse side of this form does not constitute e contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does It
affirmatively or negatively amend, extend or alter tha coverage afforded by the policies listed thereon,
ACORD 25-8 (2001188) 2 of 3
1IS3478131M347812
o
(Cel.I~_<J.~eM,_11~'" "
,..;:"",,- ',. ,- ",.,-, ......
16812
AMS 25.3 (2001108)
------..-...-r".-
16B13
MEMORANDUM
Date:
January 13,2009
To:
Brenda Brilhart, Purchasing Agent
Purchasing Department
From:
Ann Jennejohn, Sr. Deputy Clerk
Minutes & Records Department
Re:
Contract #09-5140:
"1-75 at Golden Gate Parkway Landscape Improvements"
Contractor: Hannula Landscaping and Irrigation, Inc.
Attached please find one (1) original contract document, as referenced
above, (Agenda Item #16B13) approved by the Board of County
Commissioners on Tuesday, December 2, 2008.
The second original contract has been retained in the Minutes and
Records Department and will be kept as part of the Board's permanent
record.
If you should have any questions, please contact me at 252-8406.
Thank you.
Attachments (1)
16B13
MEMORANDUM
TO: Jeff Walker/Ray Carter
Risk Management Department
FROM: Brenda Brilhart, Purchasing Agent
Purchasing Department
DATE: January 7, 2009
RE: Review of Insurance for Contract No. 09-5140
Hannula Landscaping and Irrigation, Inc.
Contractor
This Contract was approved by the BCC on December 2, 2008;
Agenda Item 16.B.13.
Please review the Bonds and Insurance Certificate in this Agreement
for the above-referenced contract. If everything is acceptable, please
forward to the County Attorney for further review and approval. Also
will you advise me when it has been forwarded. Thank you. If you
have any questions, please contact me at extension 8446.
,/?!oq J~
^:"'A'~ ~'1k fI'4
+tr'~
cc: Pamela Lulich, ATM
rgtri~,:' ~~ 'tY:~ /
DATE RECEl'VED: '. }//
10",J"-6 1M 6'42 /P'7
DO NOT WRITE ABOVE THIS LINE ~
~V,<^
t/:j~
~sr1
)) q ID~
ITEM No.:31-\)2(.. O\Clo J
FILE NO.:
ROUTED TO:
Date:
REQUEST. .F..O.... .R LE.GAL SERVICES ~
January 7, 2009 __- ) 5
Scott Teac~- >-
Assistant County Attorney
To:
From:
Brenda Brilhart
Purchasing Agent
239-252-8446
Re:
~~~
Contract #09- 5140 '\, \(
1-75 At Golden Gate Parkway Landscape Improvements
Contractor: Hannula Landscaping and Irrigation Inc
BACKGROUND OF REQUEST:
This contract was approved by the BCC on December 2,2008; Agenda Item
l6.B.13.
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Please forward to BCC for signature after approval. If there are any questions
concerning the document, please contact me. Purchasing would appreciate
notification when the documents exit your office. Thank you.
16B13
1-75 At Golden Gate Parkway Landscape Improvements
COLLIER COUNTY BID NO. 09-5140
COLLIER COUNTY, FLORIDA
LAP Funded Project
Local Vendor Preference Not Applicable
Design Professional:
McGee & Associates
COLLIER COUNTY PURCHASING DEPARTMENT
3301 Tarniami Trail, East
Naples, Florida 34112
TABLE OF CONTENTS
A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY)
B. INSTRUCTIONS TO BIDDERS
C. BID, BID SCHEDULE AND OTHER DOCUMENTS
D. AGREEMENT
E. AGREEMENT EXHIBITS
EXHIBIT A: Perforrnance and Payment Bond Forms
EXHIBIT B: Insurance Requirernent Form
EXHIBIT C: Release and Affidavit Form
EXHIBIT D: Contractor Application for Payment Form
EXHIBIT E: Change Order Form
EXHIBIT F: Certificate of Substantial Completion Form
EXHIBIT G: Final Payment Checklist
EXHIBIT H: General Terms and Conditions
EXHIBIT I: Supplemental Terms and Conditions (LARFunded Project)
EXHIBIT J: Technical Specifications
EXHIBIT K: Permits
EXHIBIT L: Standard Details (if applicable)
EXHIBIT M: Plans and Specifications prepared by McGee & Associates
and identified as follows: 1-75 At Golden Gate Parkway
Landscape Improvements
as shown on Plan Sheets 1 through 30.
EXHIBIT N: Contractor's List of Key Personnel
16813
16813
PUBLIC NOTICE
INVITATION TO BID
COLLIER COUNTY, FLORIDA
1-75 At Golden Gate Parkway Landscape Improvements
COUNTY BID NO. 09-5140
Separate sealed bids for the construction of 1-75 At Golden Gate Parkway Landscape
Improvements, addressed to Mr. Steve Carnell, Purchasing Director, will be received
at the Collier County Government Cornplex, 3301 Tamiami Trail East, Purchasing
Building, Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME,
on the 7th day of November 2008, at which time all bids will be publicly opened and
read aloud. Any bids received after the time and date specified will not be accepted and
shall be returned unopened to the Bidder.
Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County
Government, Collier County, 1-75 At Golden Gate Parkway Landscape
Improvements, Bid No. 09-5140 and Bid Date of November 7, 2008. No bid shall be
considered unless it is made on an unaltered Bid form which is included in the Bidding
Documents. The Bid Schedule (GC-P-1 through GC-P-14) shall be rernoved from the
Bidding Documents prior to submittal.
One contract will be awarded for all Work. Bidding Documents may be examined on the
Collier County Purchasing Department E-Procurernent website: www.collierQov.netlbid.
Copies of the Bidding Documents may be obtained only from the denoted website.
Bidding Documents obtained from sources other than the Collier County Purchasing
Department website may not be accurate or current.
The Successful Bidder shall be required to furnish the necessary Payrnent and
Performance Bonds, as prescribed in the General Conditions of the Contract
Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and
Certificates of Insurance shall be either executed by or countersigned by a licensed
resident agent of the surety or insurance cornpany having its place of business in the
State of Florida. Further, the said surety or insurance company shall be duly licensed
and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid
Bonds or Payment and Performance Bonds must file with each bond a certified and
effective dated copy of their Power of Attorney.
In order to perform public work, the Successful Bidder shall, as applicable, hold or
obtain such contractor's and business licenses, certifications and registrations as
required by State statutes and County ordinances.
Before a contract will be awarded for the Work contemplated herein, the Owner shall
conduct such investigations as it deems necessary to determine the performance record
and ability of the apparent low Bidder to perform the size and type of work specified in
the Bidding Documents. Upon request, the Bidder shall submit such information as
deemed necessary by the Owner to evaluate the Bidder's qualifications.
GC-PN-1
16B13
The Successful Bidder shall be required to finally complete all Work within sixty (60)
calendar days frorn and after the Commencement Date specified in the Notice to
Proceed.
The Owner reserves the right to reject all Bids or any Bid not conforming to the intent
and purpose of the Bidding Documents, and to postpone the award of the contract for a
period of time which, however, shall not extend beyond one hundred twenty (120) days
from the bid opening date without the consent of the Successful Bidder.
Dated this 17th day of October 2008.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: Is/ Stephen Y. Carnell, C.P.M.
Purchasing and General Services Director
GC-PN-2
16B13
PART B - INSTRUCTIONS TO BIDDERS
Section 1. Definitions
1.1 The terrn "Owner" used herein refers to the Board of County Commissioners, or
its duly authorized representative.
1.2 The term "Project Manager" used herein refers to the Owner's duly authorized
representative and shall mean the Division Administrator or Department Director, as
applicable, acting directly or through duly authorized representatives.
1.3 The term "Design Professional" refers to the licensed professional engineer or
architect who is in privity with the Owner for the purpose of designing and/or monitoring
the construction of the project. At the Owner's discretion, any or all duties of the Design
Professional referenced in the Contract Documents may be assumed at any time by the
Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the
Project Manager may forrnally assign any of his/her duties specified in the Contract
Documents to the Design Professional.
1.4 The terrn "Bidder" used herein means one who submits a bid directly to the
Owner in response to this solicitation.
1.5 The term "Successful Bidder" means the lowest qualified, responsible and
responsive Bidder who is awarded the contract by the Board of County Commissioners,
on the basis of the Owner's evaluation.
1.6 The term "Bidding Documents" includes the Legal Advertisernent, these
Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the
Agreement.
1.7 The term "Bid" shall mean a cornpleted Bid Schedule, bound in the Bidding
Documents, properly signed, providing the Owner a proposed cost for providing the
services required in the Bidding Documents.
Section 2. Preparation of Bids
2.1 The Bids must be submitted on the standard form herein furnished by the Owner
(pages GC-P-1 to GC-P-14 as bound in these Bidding Documents). By submitting a Bid,
Bidder acknowledges and agrees that it shall execute the Agreement in the form
attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by
typewriter and shall sign the Bid correctly. Bid Schedules subrnitted on disk/CD shall be
accompanied by a hard copy of the completed Bid Schedule which shall be signed and
dated by the Bidder. The Bid may be rejected if it contains any ornission, alteration of
form, conditional bid or irregularities of any kind. Bids rnust be submitted in sealed
envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time,
and shall be addressed to the Collier County Purchasing Department, Purchasing
Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples,
Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be
enclosed in another sealed envelope addressed as above. Bids received at the
GC-IB-1
16B13
location specified herein after the time specified for bid opening will be returned to the
bidder unopened and shall not be considered.
Section 3. Bid Deposit Reauirements (Not Applicable to this Proiect)
3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same
shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a
certified check payable to Owner on some bank or trust company located in the State
of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an
amount not less than 5% of the bidder's maximum possible award (base bid plus all
add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit
shall be retained by Owner as liquidated damages if the Successful Bidder fails to
execute and deliver to Owner the unaltered Agreernent, or fails to deliver the required
Performance and Payment Bonds or Certificates of Insurance, all within ten (10)
calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a
corporate surety licensed under the laws of the State of Florida to execute such bonds,
with conditions that the surety will, upon demand, forthwith make payment to Owner
upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the
Agreement has been executed by the Successful Bidder and sarne has been delivered
to Owner together with the required bonds and insurance, after which all three (3) Bid
Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be
released within ten (10) working days of the Bid Opening. No Bid including alternates,
shall be withdrawn within one hundred and twenty (120) days after the public opening
thereof. If a Bid is not accepted within said time period it shall be deemed rejected and
the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the
contract prior to the expiration of the 120 day period without selecting any or all
alternates, the Owner shall retain the right to subsequently award to the Successful
Bidder said alternates at a later time but no later than 120 days from opening, unless
otherwise agreed by the Purchasing Director and the Successful Bidder.
3.2 The Successful Bidder shall execute five (5) copies of the Agreernent in the forrn
attached and deliver same to Owner within the time period noted above. The Owner
shall execute all copies and return one fully executed copy of the Agreement to
Successful Bidder within thirty (30) working days after receipt of the executed
Agreement from Successful Bidder unless any governmental agency having funding
control over the Project requires additional time, in which event the Owner shall have
such additional time to execute the Agreement as may be reasonably necessary.
Section 4. Riaht to Reiect Bids
4.1 The Owner reserves the right to reject any and all Bids or to waive informalities
and negotiate with the apparent lowest, qualified Bidder to such extent as may be
necessary for budgetary reasons.
GC-IB-2
16813
Section 5. Siqninq of Bids
5.1 Bids submitted by a corporation must be executed in the corporate name by the
president, a vice president, or duly authorized representative. The corporate address
and state of incorporation must be shown below the signature.
5.2 Bids by a partnership must be executed in the partnership narne and signed by a
general partner whose title must appear under the signature and the official address of
the partnership rnust be shown below said signature.
5.3 If Bidder is an individual, his or her signature shall be inscribed.
5.4 If signature is by an agent or other than an officer of corporation or general
partner of partnership, a properly notarized power of attorney must be submitted with
the Bid.
5.5 All Bids shall have names typed or printed below all signatures.
5.6 All Bids shall state the Bidder's contractor license number.
5.7 Failure to follow the provisions of this section shall be grounds for rejecting the
Bid as irregular or unauthorized.
Section 6. Withdrawal of Bids
Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement
for the opening of Bids, provided that the withdrawal is requested in writing, properly
executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of
a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified
for Bid opening.
Section 7. Late Bids
No Bid shall be accepted that fails to be submitted prior to the time specified in the
Legal Advertisement.
Section 8. Interpretation of Contract Documents
8.1 No interpretation of the rneaning of the plans, specifications or other Bidding
Documents shall be made to a Bidder orally. Any such oral or other interpretations or
clarifications shall be without legal effect. All requests for interpretations or clarifications
shall be in writing, addressed to the Purchasing Department, to be given consideration.
All such requests for interpretations or clarification rnust be received at least ten (10)
calendar days prior to the Bid opening date. Any and all such interpretations and
supplemental instructions shall be in the form of written addendurn which, if issued,
shall be sent by mail or fax to all known Bidders at their respective addresses furnished
for such purposes no later than three (3) working days prior to the date fixed for the
GC-IB-3
16813
opening of Bids. Such written addenda shall be binding on Bidder and shall becorne a
part of the Bidding Documents.
8.2 It shall be the responsibility of each Bidder to ascertain, prior to subrnitting its Bid,
that it has received all addenda issued and it shall acknowledge sarne in its Bid.
Section 9. Examination of Site and Contract Documents
9.1 By executing and submitting its Bid, each Bidder certifies that it has:
a. Exarnined all Bidding Documents thoroughly;
b. Visited the site to become familiar with local conditions that may in any manner
affect performance of the Work;
c. Become familiar with all federal, state and local laws, ordinances, rules, and
regulations affecting performance of the Work; and
d. Correlated all of its observations with the requirernents of Bidding documents.
No plea of ignorance of conditions or difficulties that may exist or conditions or
difficulties that may be encountered in the execution of the Work pursuant to these
Bidding Documents as a result of failure to rnake the necessary examinations and
investigations shall be accepted as an excuse for any failure or omission on the part of
the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever
for extra compensation or for an extension of time.
9.2 The Owner will make copies of surveys and reports performed in conjunction with
this Project available to any Bidder requesting them at cost; provided, however, the
Owner does not warrant or represent to any Bidder either the completeness or accuracy
of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own
expense, make such additional surveys and investigations as may be necessary to
determine its Bid price for the performance of the Work within the terms of the Bidding
Documents. This provision shall be subject to Section 2.3 of the General Conditions to
the Agreement.
Section 10. Material Requirements
It is the intention of these Bidding Documents to identify standard materials. When
space is provided on the Bid Schedule, Bidders shall specify the materials which they
propose to use in the Project. The Owner may declare any Bid non-responsive or
irregular if such materials are not specifically named by Bidder.
Section 11. Bid Quantities
11.1 Quantities given in the Bid Schedule, while estimated from the best information
available, are approximate only. Payment for unit price iterns shall be based on the
GC-IBA
16813
actual number of units installed for the Work. Bids shall be compared on the basis of
number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said
unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not
conforming to this requirement may be rejected. Special attention to all Bidders is
called to this provision, because if conditions make it necessary or prudent to revise the
unit quantities, the unit prices will be fixed for such increased or decreased quantities.
Compensation for such additive or subtractive changes in the quantities shall be limited
to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the
Project Manager and the Successful Bidder shall have the discretion to re-negotiate any
unit price(s) where the actual quantity varies by rnore than 25% frorn the estimate at the
time of bid.
Section 12. Award of Contract
12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the
bid invitation (including the forrn of the bid documents or bid procedures) shall file their
protest with the Purchasing Director prior to the time of the bid opening strictly in
accordance with Owner's then current Purchasing Policy.
12.2 The Award of Contract shall be issued to the lowest, responsive and qualified
Bidder determined on the basis of the entire Bid and the Owner's investigations of the
Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall
consider the capability of the Bidder to perform the contract in a timely and responsible
rnanner. When the contract is awarded by Owner, such award shall be evidenced by a
written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing
Department or his or her designee and delivered to the intended awardee or mailed to
awardee at the business address shown in the Bid.
12.3 Award recommendations will be posted outside the offices of the Purchasing
Department generally on Wednesdays and Thursdays prior to the presentation to the
Board of County Commissioners. Award of Contract will be rnade by the Board of
County Commissioners in public session. Any actual or prospective bidder who desires
to formally protest the recommended contract award must file a notice of intent to
protest with the Purchasing Director within two (2) calendar days (excluding weekends
and holidays) of the date that the recommended award is posted. Upon filing of said
notice, the protesting party will have five (5) days to file a formal protest, said protest to
strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing
Policy is available at the offices of the Purchasing Director.
12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The
Owner reserves the right to recover all costs associated with the printing and distribution
of such copies.
Section 13. Sales Tax
13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales
tax savings program and the Successful Bidder agrees to fully comply, at no additional
cost to Owner, with such sales tax savings program implemented by the Owner as set
forth in the Agreement and in accordance with Owner's policies and procedures.
GC-IB-5
16813
Section 14. Exclusion of County Permits in Bid Prices
14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public
Bid Disclosure Act", Collier County will pay for all Collier County permits and fees
applicable to the Project, including license fees, permit fees, impact fees or inspection
fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall
not include these permit/fee amounts in their bid offer. However, the Successful Bidder
shall retain the responsibility to initiate and complete all necessary and appropriate
actions to obtain the required permits other than payment for the items identified in this
section.
14.2 The Successful Bidder shall be responsible for procuring and paying for all
necessary permits not issued by Collier County pursuant to the prosecution of the work.
Section 15. Use of Subcontractors
15.1 To ensure the Work contemplated by the Contract Documents is perforrned in a
professional and timely manner, all Subcontractors performing any portion of the work
on this Project shall be "qualified" as defined in Collier County Ordinance 87-25,
meaning a person or entity that has the capability in all respects to perform fully the
Agreernent requirements and has the integrity and reliability to assure good faith
perforrnance. A Subcontractor's disqualification from bidding by the Owner, or other
public contracting entity within the past twelve months shall be considered by the Owner
when determining whether the Subcontractors are "qualified"
15.2 The Owner may consider the past performance and capability of a Subcontractor
when evaluating the ability, capacity and skill of the Bidder and its ability to perform the
Agreement within the time required. Owner reserves the right to disqualify a Bidder who
includes Subcontractors in its bid offer which are not "qualified" or who do not meet the
legal requirements applicable to and necessitated by this Agreement.
15.3 The Owner may reject all bids proposing the use of any subcontractors who have
been disqualified from submitting bids to the Owner, disqualified or de-certified for
bidding purposes by any public contracting entity, or who has exhibited an inability to
perform through any other rneans.
15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders
shall identify the subcontractor(s) it intends to use for the categories of work as set forth
in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders
acknowledge and agree that the subcontractors identified on the list is not a complete
list of the subcontractors to be used on the Project, but rather only the rnajor
subcontractors for each category of Work as established by Owner. Bidders further
acknowledge that once there is an Award of Contract, the Successful Bidder shall
identify, subject to Owner's review and approval, all the subcontractors it intends to use
on the Project. Once approved by Owner, no subcontractor shall be removed or
replaced without Owner's prior written approval.
GC-IB-6
16813
Section 16. Prohibition of Gifts
No organization or individual shall offer or give, either directly or indirectly, any favor,
gift, loan, fee, service or other item of value to any County employee, as set forth in
Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05,
and County Administrative Procedure 5311. Violation of this provision may result in one
or more of the following consequences: a. Prohibition by the individual, firm, and/or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a
specified period of time, including but not lirnited to: submitting bids, RFP, and/or
quotes; and, c. immediate termination of any contract held by the individual and/or firm
for cause.
Section 17. Public Entitv Crimes
By its submitting a Bid, Bidder acknowledges and agrees to and represents it is
in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read
as follows:
"A person or affiliate who has been placed on the convicted vendor
list following a conviction for a public entity crirne may not subrnit a
bid, proposal, or reply on a contract to provide any goods or services
to a public entity; may not submit a bid, proposal, or reply on a
contract with a public entity for the construction or repair of a public
building or public work; may not submit bids, proposals, or replies 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 any public entity; and may not transact business
with any public entity in excess of the threshold amount provided in s.
287.017 for CATEGORY TWO for a period of 36 months from the
date of being placed on the convicted vendor list."
GC-IB-7
16B13
~ COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 TAMIAMI TRAIL EAST
ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING "G"
NAPLES, FLORIDA 34112
(239) 252-8446
FAX (239) 252-6697
www.colliergov.net/purchasing
ADDENDUM
DATE:
November 3, 2008
TO: Interested Bidders
FRO~ Brenda Brilhart, Purchasing Agent
SUBJECT: Addendum # 1, Bid # 09-5140 -1-75 At Golden Gate Parkway
Landscape Improvements
Addendum #1 covers the following change for the above-referenced solicitation:
CHANGE: The payment and performance bonds are not required for this project.
Section 4: Bonds (not applicable to this proiect)
A. Contractor shall provide Performance and Payment Bonds, in the form
prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of
which are to be paid by Contractor. The Performance and Payment Bonds shall be
underwritten by a surety authorized to do business in the State of Florida and otherwise
acceptable to Owner; provided, however, the surety shall meet the requirements of the
Department of the Treasury Fiscal Service, "Companies Holding Certificates of
Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance
Companies" circular. This circular may be accessed via the web at
www.frns.treas.qov/c570/c570.htrnl#certified. Should the Contract Amount be less than
$500,000, the requirements of Section 287.0935, F.S. shall govern the rating and
classification of the surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business is terminated in the State of Florida, or it ceases to
meet the requirements imposed by the Contract Documents, the Contractor shall, within
16813
five (5) calendar days thereafter, substitute at its cost and expense another bond and
surety, both of which shall be subject to the Owner's approval.
ADD: The following documentation should be included with bid submittal. The
documentation listed below must be submitted and approved by Project Manager prior
to Board of County Commissioners approval.
1. The contractor should have FDOT Maintenance of Traffic Plan prepared by
FDOT/ IMSA Advanced work zone certified member. On site the contractor must
have an Intermediate certified MOT employee.
2. The ability to purchasing $50,000 worth of specimen royal palms and warranty
the material for one (1) year as well as the smaller material.
3. A contractor that is familiar with Motorola irriqation control equipment (three (3)
years minimum experience).
4. Three (3) years prior experience installing new/large/craned-in plant material on
a State or Collier County roadway.
5. Three (3) years installation of landscape material and irrigation system valued at
$750,000.
6. Names of nursery supplier and pictures of all plant material as part of the bid
prior to award. We are not asking to hold the material but we want to know what
they can get specimen material.
cc: Pam Lulich, Landscape Operations Manager
cc: Bob Petersen, Project Manager
cc: Liz Deleon, Project Manager
2
16813
CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
1.75 At Golden Gate ParkWay Landscape Improvements
BID NO. 09-5140
Full Name of Bidder Hannula Landscapinq & Irriqation. Inc.
Main Business Address 28131 Quails Nest Lane Bonita Sprinas. FL 34135
Place of Business Bonita Sorinas. Florida
Telephone No.
(239) 992-2210
Fax No.
(239) 498-6818
State Contractor's License #
N/A: Collier County License # 12870 921817
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
(hereinafter called the Owner)
The undersigned, as Bidder declares that the only person or parties interested in this
Bid as principals are those named herein, that this Bid is submitted without collusion
with any other person, firm or corporation; that it has carefully examined the location of
the proposed Work, the proposed form of Agreement and all other Contract Documents
- "cal'1dBonds~and the Contract Drawings and. SpeCifications.'
Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement
included in the Bidding Documents, to provide all necessary machinery, tools,
apparatus and other means of construction, including utility and transportation services
necessary to do all the Work, and furnish all the materials and equipment specified or
referred to in the Contract Documents in the manner and time herein prescribed and
according to the requirements of the Owner as therein set forth, furnish the Contractor's
Bonds and Insurance specified in the General Conditions of the Contract, and to do all
other things required of the Contractor by the Contract Documents, and that it will take
full payment the sums set forth in the following Bid Schedule:
NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your
bid pages.
GC-P-1
16B13
MATERIAL MANUFACTURERS
The Bidder is required to state below, material manufacturers it proposes to utilize on
this project. No change witl be allowed after submittal of Bid. If substitute material
proposed and listed below is not approved by Engineer, Bidder shall furnish the
manufacturer named in the specification. Acceptance of this Bid does not constitute
acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR
BID WILL BE DEEMED NON-RESPONSIVE.
MATERIAL MANUFACTURER
1. Jrrioation Components Rainbird. Toro. Nelson. Ametek.
Matco. Hit
2. Trees & Shrubs Florida Nurseries
3. Mulch Forestrv Resources
4. MOT Equipment Hiqhwav Technoloaies
5. Sod Duda Farms
Dated November ih. 2008
Hannula Landscapinq & Irrigation. Inc.
cjder
.. '," .....'..'.' r.t7jf}=~:J1-
BY:
Dale F. Hannula
GC-P-3
16B13
LIST OF SUBCONTRACTORS
The undersigned states that the following is a full and complete list of the proposed
Subcontractors it intends to use on this Project with respect to the categories of work
identified below, and that such list will not be added to nor altered without the prior
written consent of the Project Manager. The undersigned further acknowledges its
responsibility for ensuring that the Subcontractors listed herein are "qualified" (as
defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal
requirements applicable to and necessitated by the Contract Documents, including, but
not limited to proper licenses, certifications, registrations and insurance coverage. The
Owner reserves the right to disqualify any Bidder who includes non-compliant or non-
qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful
Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is
found to be non-compliant with this requirement either before or after the issuance of
the Award of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE
DEEMED NON-RESPONSIVE. (Attach additional sheets as needed). Further. the
undersigned acknowledges and agrees that promptly after the Award of Contract, and in
accordance with the requirements of the Contract Documents, the Successful Bidder
shall identify all Subcontractors it intends to use on the Project. The undersigned
further agrees that all Subcontractors subsequently identified for any portion of work on
this Project must be qualified as noted above.
2. Crane Work
Subcontractor and Address
CR Sod, Inc. 961 13th St. SW
Naples, FL 34117
Allied Crane 2315 J&C Blvd.
Naples, FL 34101
Highway Technologies 2699 N.
Airport Rd., Ft Myers, FL 33907
Categorv of Work
1. Sodding
3. Maintenance of Traffic
4.
5.
Dated November ih. 20013
Hannula Landscapina & Irrigation. Inc.
(Jdder vi
~~
BY:
Dale F. Hannula
GC.P-4
16813
Upon notification that its Bid has been awarded, the Successful Bidder will execute the
Agreement form attached to the Bidding Documents within ten (10) calendar days and
deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract
Documents. The bid security attached is to become the property of the Owner in the
event the Agreement, Insurance Certificates and Bonds are not executed and delivered
to Owner within the time above set forth, as liquidated damages, for the delay and
additional expense to the Owner, it being recognized that, since time is of the essence,
Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to
Owner the required Agreement, Insurance Certificates and Bonds within the required
time period. In the event of such failure, the total amount of Owner's damages, will be
difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it
is appropriate and fair that Owner receive liquidated damages from the Successful
Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates,
and Bonds as required hereunder. The Successful Bidder hereby expressly waives and
relinquishes any right which it may have to seek to characterize the above noted
liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of Owner's actual damages at the time of bidding if the Successful
Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in
a timely manner.
Upon receipt of the Notice of Award, the undersigned proposes to commence work at
the site within 5 calendar days from the commencement date stipulated in the written
Notice to Proceed unless the Project Manager, in writing, subsequently notifies the
Contractor of a modified (later) commencement date. The undersigned further agrees to
substantially complete all work covered by this Bid within forty five (45) consecutive
'ealeriaafdays;c6mplltedbyexc::lllding the ,commencement date and including the . last
day of such period, and to be fully completed to the point of final acceptance by the
Owner within fifteen (15) consecutive calendar days after Substantial Completion,
computed by excluding commencement date and including the last day of such period.
Resoectfullv Submitted:
State of Florida
County of Collier
Dafe F. Hannula , being first duly sworn on
oath deposes and says that the Bidder on the above Bid is organized as indicated and
that all statements herein made are made on behalf of such Bidder and that this
deponent is authorized to make them.
Dale F. Hannula , also deposes and says
that it has examined and carefully prepared its Bid from the Bidding Documents,
including the Contract Drawings and Specifications and has checked the same in detail
before submitting this Bid; that the statements contained herein are true and correct.
GC-P-7
16813
(a) Corporation
The Bidder is a corporation organized and existing under the laws of the State of
Florida , which operates under the legal name of
Hannula Landscaping & Irriqation. Inc. , and the full names of its
officers are as follows:
President Dale Frederick Hannula
Secretary Dale Frederick Hannula
Treasurer Dale Frederick Hannula
Manager Damon Himmel
The President. Dale F. Hannula is authorized to sign construction bids
and contracts for the company by action of its Board of Directors taken
December 8th. 1992 , a certified copy of which is hereto attached (strike
out this last sentence if not applicable).
(b) Co-Partnership
The Bidder is a co-partnership consisting of individual partners whose full names are as
follows:
N/A
The co-partnership does business under the legal name of:
(c) Individual
The Bidder is an individual whose full name is N/A
and if operating under a trade name, said trade name is
DATED
November tho 2008
Hannula Landscapinq & Irriqallon. Inc.
legal entity
GC-P-8
16813
,~ .If.
Witn~/~/
Witness
BY: Dale F. Hannula
(:)~:J~
Signature
President
Title
STATE OF Florida
COUNTY OF Lee
The foregoing instrument was acknowledged before me this -Z!!L. day of November ,
2008, by Dale F. Hannula , as President
of Hannula Landscapinq & Irriaation. Inc., a Florida corporation, on
behalf of the corporation. He/she is personally known to me or has produced
"Pf"lL ~"'NALL" K"'.WlV as identification
,ancl:~(di~not) take an ()ath,
NAME:
(M.~~
(Signature of Notary) r
tLi....,..."'iIi? M (l AIl.fl>M_'J
/
(Legibly Printed)
My Commission Expires: 411 I 2. C II
(AFFIX OFFICIAL SEAL)
Notary Public, State of f L
Commission No.: l:> 0 t. 1$ 3 ~ 'I 3
III I" N. CAMMy
b "*'Y PulllIe . 8Ialt of Florida
. 1Iy~~MI,20tl
COllliftllfIOn . DO tlSm
,. . _TIrollF..........,
, ' .
GC-P-9
BID BOND (~JOT APPLlC/',BU'. TO THIS Pf'lO,JECT)
16B13
KNOW ALL MEN BY THESE PRESENTS, that we
(herein after called the Principal) and
, (herein called the Surety), a
corporation chartered and existing under the laws of the State of with
its principal offices in the city of and authorized to do business
in the State of are held and firmly bound unto the
(hereinafter called the Owner), in the
full and just sum of dollars ($ )
good and lawful money of the United States of America, to be paid upon demand of the
Owner, to which payment well and truly to be made, the Principal and the Surety bind
themselves, their heirs, and executors, administrators, and assigns, jointly and severally
and firmly by these presents,
Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for
furnishing all labor, materials, equipment and incidentals necessary to furnish, install,
and fully complete the Work on the Project known as
"'~_C'~f:75=AtGolc:len' Gate ParkWay"Landscape Imptovements
Bid No. 09-5140
NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the
PRINCIPAL shall enter into the required Agreement with the Owner and within ten days
after the date of a written Notice of Award in accordance with the terms of such Bid, and
give such bond or bonds in an amount of 100% the total Contract Amount as specified in
the Bidding Documents or Contract Documents with good and sufficient surety for the
faithful performance of the Agreement and for the prompt payment of labor, materials and
supplies furnished in the prosecution thereof or, in the event of the failure of the
PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to
Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE
the fixed sum of $ noted above as liquidated damages, and not as a
penalty, as provided in the Bidding Documents, then this obligation shall be null and void,
otherwise to remain in full force and effect.
GC-P-10
16 B 13
IN TESTIMONY Thereof, the Principal and Surety have caused these presents to
be duly signed and sealed this day of , 2008.
Principal
BY
(Seal)
Surety
(Seal)
Countersigned
Local Resident Producing Agent for
GC-P-11
16 B 13
THIS SHEET MUST BE SIGNED BY VENDOR
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Purchasing Department
BIDDERS CHECK LIST
IMPORTANT: Please read carefully, sign In the spaces indicated and return with
your Bid.
Bidder should check off each of the fOllowing items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. The payment terms have been indicated.
5. Any required drawings, descriptive literature, etc. have been included.
6. Any delivery infonnation required is included.
7. If required, the amount of Bid bond has been checked, and the Bid bond or
cashiers check has been included.
8. Any addenda have been signed and included.
9. The mailing envelope has been addressed to:
Purchasing Director
Collier County Government Center
Purchasing Building
33QJIamlamLTra[l, E;;;tst.
Naples,' Florida 34112
10. The mailing envelope must be sealed and marked with:
<:>Bid Number;
<:>Project Name;
<:>Opening Date.
11. The Bid will be mailed or delivered in time to be received no later than the
specified ooenine date and time. (Otherwise Bid cannot be considered.)
ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER
AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET
Hannula LandscaoinQ & IrriQation Inc.
Bi~Nam~j
CJ..~.A President
Signature & Title
DATE:
November tho 2008
GC.P-12
16813
HANNULA LANDSCAPING AND IRRIGATION, INC.
28131 QUAILS NEST LANE
BONITA SPRINGS, FLORIDA 34135
239-992-2210
EXPERIENCE WITH INSTALLATION AND OPERATION OF
MOTOROlA IRRIGATION CONTROL EQUIPMENT
BID NUMBER 09-5140
1-75 AT GOLDEN GATE PARKWAY
By:
(JA!~
Date:----.Nrill 7 !J...f)J(
I
16813
HANNULA LANDSCAPING AND IRRIGATION, INC.
28131 QUAILS NEST LANE
BONITA SPRINGS, FLORIDA 34135
CONTRACTOR'S (3) YEARS EXPERIENCE INSTALLING AND
MAINTAINING MOTOROLA IRRIGATION CONTROL EQUIPMENT.
1. Evidence Of (3) Years Experience In Specific Area Of Expertise For which
Services Are Provided.
The Following projects specifically include landscape installation, irrigation system
installation, irrigation system with drip tube emitters, pump station installation,
well drilling, sign fabrication and installation, fencing, hardscapes, landscape
maintenance, directional boring, maintenance of traffic, installing landscape
material with cranes,electrical service, irrigation system maintenance, landscape
maintenance, turf grass maintenance, Motorola irrigation control equipment
installation and maintenance.
Name OfProject:/ Account Contract Start / Owner / Contact
Amount Complete
_.,~ T:'GoldeifGiiteP-iirkWay=c=Sl,317;845:00.2007c2008-:. CollierColiftt}"ATMDepC='
Grade Separated Overpass 2885 S. Horseshoe Drive
Naples, Florida Naples, Florida 34104
Two Miles Roadway Medians MI'. Bob Petersen
239-252-5871
Services Provided: Prime Contractor: Landscaping And Il'I'igation Installation,
Directional Boring, Signage Repair, Maintenance Of Traffic, Site Work
(Demolition and Grading) Irrigation System, Landscaping, and Turf Gmss
Maintenance, Motorola irrigation control equipment services.
2. Gulf Coast Town Center $3,607,900.00 2005-2007
Estero Florida
15 Acre Shopping Center
CBL & Assoc.
Chattanooga Tennessee
Mr. Brian Stoker
423-855-1550
Services Provided: Sub Contmctor To General Contractor: Landscaping And
Irrigation Installation, Directional Boring, Signage Installation, Fencing, Site Work,
Hardscapes, Maintenance Of Traffic, Irrigation System, Landscaping, and Turf
Grass Maintenance, Until Acceptauce.
3. D.S 41 Corkscrew Road $1,685,291.00 2007-2007
To Northern City Limits
Of Bonita Springs
Bonita Springs
Three Plus Miles Roadway Medians
16B13
Lee County DOT
Operations
5560 Zip Drive
Ft. Myers, Florida 33905
Jonathan Romine JEI
239-461-2476
Services Provided: Prime Contractor: Landscaping And Irrigation InstaIlation,
Irrigation System With Drip Tubing And Emitters, Directinal Boring, Site Work,
Maintenance Of Traffic, Electrical Services, Maintenance Of Traffic, Irrigation
System, Landscaping, And Turf Grass Maintenance, Irrigation System
Maintenance.
4. S.W. FL. Regional $2,232,555.00 2004-2005
Airport
Ft. Myers, Florida
Airport Building, Parking, And Common Areas
Lee County Port Authority
Steve Monk- John Carlo
239-707-1126
Services Provided: Subcontractor To General Contractor: Landscape And
Irrigation System InstaIlation, Sign/Gazebo Fabrication And Installation, Fencing
Maintenance Of Traffic, Site Work, Electrical Services.
5. U.s. 41 SR 90 $973,859.00 2007-2007
Tamiami Trail
,.- -- --'EastPhlilfe D' ,.. ..,--
Naples, Florida
Two Miles Roadway Medians And ROW
Collier County ATM
Department
2885s.HorseshoeDrivc.
Naples, Florida 34104
Mr. Bob Petersen
239-252-5871
--_!
I
Services Provided: Prime Contractor :Landscape And Irrigation System
Installation, Pump Installation, Signage Repair, Directional Boring, Maintenance
Of Traffic, Electrical Services, Sitc Work, Motorola irrigation systems instaIlation
and scrvice.
6. Azure At Bonita Bay $749,125.00 2005-2006
Bonita Springs, Florida
High Rise Condominium
Lutgert Companies
Naples, Florida
Michael Hoyt
239-495-6464
Services Provided: SubcontractOl'To General Contractor: Landscape And
Irrigation System InstaIlation, Electrical Services, Tower Crane Direction, Water
Meter Connections.
7. Airport Pulling Road
Naples, Florida
$506,749.00 2004-2004
Collier County ATM Dept.
2885 S. HOl"Seshoe Drive
Two Miles Roadway Medians And ROW
16813
Naples, Florida 34104
Ms. Pam Lulich
239-252-6291
Services Provided: Prime Contractor: Landscape And Irrigation System
Installation, Electrical Services, Site Work, Directional Boring, Maintenance Of
Traffic, Motorola irrigation control system installation and service.
$478,939.00 2003-2007
Collier County ATM Dept.
2885 S. Horseshoe Drive
Naples, Florida 34104
Scott Windam
239-390-1936
8. Golden Gate Blvd.
Phase III,
Phase II
Phase I
Naples, Florida
Three Plus Miles Roadway Medians And ROW
Services Provided: Prime Contractor Landscape And Irrigation System
Installation, Electrical Services, Directional Boring, Well Drilling, Signage,
Maintenance Of Traffic, Site Work, Motorola irrigation control systems installation
and service.
9. Collections AT $1,094,819.00 2006-2007
Vanderbilt
Naples, Florida
Five Plus Acre Shopping Center
Wolbright Development
Naples, Florida
Laura Sloat
239-596-2807
Services Provided: Sub Contractor To Developer: Landscape And Irrigation
Systems Installation, Site Work, Tree Relocation, Irrigation Maintenance.
10 Livingston Road $,1,015,702.00 2004-2005
Immokalee To The
Collier County Line
Naples, Florida
Five Plus Miles Roadway Medians And ROW
Collier County ATM Dept.
2885 S. Horseshoe Dl"ive
Naples, Florida 34104
Bob Petersen
239-252-5871
Services Provided: Prime Contractor: Landscape And Irrigation Systems
Installation, Electrical Services, Directional Boring, Water Meter Connections;
Pump Stations, Maintenance Of traffic, Site Work, Motorola irrigation control
systems installation and service.
11 U.s. 41 Boy Scout Drive $934,674.00 2007-2007
Fowler Street To College
Parkway
One Plus Mile Roadway Medians
Lee County DOT
Operations
5560 Zip Drive
Ft. Myers, Florida 33905
Jonathan Rominc JEI
239-461-2476
16813
Services Provided: Prime Contractor: Landscape And Irrigation Systems
Installation, Electrical Services, Directional Boring, Pump Stations, Maintenance Of
Traffic, Site Work, Concrete Removal, Trellis Installation, Irrigation System With
Drip Tubing And Emitters, Irrigation And Landscape Maintenance
Lee County DOT
Operations
5560 Zip Drive
Ft. Myers, Florida 33905
Jonathan Romine JEI
239-461-2476
Services Provided: Prime Contractor: Landscape And Irrigation Systems
Installation, Irrigation System With Drip Tubing And Emitters, Electrical Services,
Directional Boring, Maintenance Of Traffic, Pump Stations, Site Wor!e, Irrigation,
Landscaping And Turf Grass Maintenance.
12 Bonita Beach Road
Landscape & Irrigation
Project From Mango Drive
To 1-75
Two Miles Roadway Medians And ROW
$783,450.00 2007-2008
13 U.S. 41 (SR 90) Tamiami Trail $ 588,355.00
East Phase E Barefoot Williams
To Collier Blvd.
One Plus Miles; Roadway Medians & ROW
2007-2007 Collier County ATM
Department
2885 S. Horseshoe Dr.
Naples, Florida 34104
Mr. Bob Peterscn
239-252-5871
Services Provided: Prime Contractor: Landscaping And Irrigation System
Installation, Pump Stations, Directional Boring, Maintenance Of Traffic, Electrical
, SerVices,-Site Work, Motorola irriglltioncontl'ol'systellls-installatiun-andservice;:::'
By: CU(~L-
Dale F. Hannula President
Hannula Landscaping And Irrigation, Inc.
Date:
/lJti~ 'Jjft)lJ<d
HANNULA LANDSCAPING AND IRRIGATION, INC.
28131 QUAILS N EST LAN E
BONITA SPRINGS, FLORIDA 34135
239-992-2210
16B13
EXPERIENCE WITH INSTALLING LANDSCAPE MATERIAL AND IRRIGATION SYSTEMS VALUED AT
$750.000.00
By: QA-a...L
BID NUMBER 09-5140
1-75 AT GOLDEN GATE PARKWAY
Date:
A/Ilv .
7 9W~
I
16813
HANNULA LANDSCAPING AND IRRIGA nON, INC.
28131 QUAILS NEST LANE
BONITA SPRINGS, FLORIDA 34135
CONTRACTOR'S (3) YEARS EXPERIENCE INSTALLING LANDSCAPE
MATERIAL AND IRRIGATION SYSTEMS VALUED AT $750,000.00.
1. Evidence Of (3) Years Experience In Specific Area Of Expertise For which
Services Are Provided.
The Following projects specifically include landscape installation, irrigation system
installation, irrigation system with drip tube emitters, pump station installation,
well drilling, sign fabrication and installation, fencing, hardscapes, landscape
maintenance, directional boring, maintenance of traffic, installing landscape
material with cranes, electrical service, irrigation system maintenance, landscape
maintenance, turf grass maintcnance, Motorola irrigation control eqnipment
installation and maintenance.
Name Of Project:/ Account Contract Start / Owner / Contact
Amount Complete
li'GGldeh-GiitePlirki'Vay' - $r,317,845;00 2007:2008-'CijllieY-Couhty-A-TM'DejjC"C-
Grade Separated Overpass 2885 S. Horseshoe Drive
Naples, Florida Naples, Florida 34104
Two Miles Roadway Medians Mr. Bob Petersen
239-252-5871
Services Provided: Prime Contractor: Landscaping And Irrigation Installation,
Directional Boring, Sign age Repair, Maintenance Of Traffic, Site Work
(Demolition and Grading) Irrigation System, Landscaping, and Turf Grass
Maintenance.
2. Gnlf Coast Town Center $3,607,900.00 2005-2007
Estero Florida
15 Acre Shopping Center
CBL & Assoc.
Chattanooga Tennessee
Mr. Brian Stoker
423-855-1550
Services Provided: Sub Contractor To General Contractor: Landscaping And
Irrigation Installation, Dircctional Boring, Signage Installation, Fcncing, Site Work,
Hardscapes, Maintenance Of Traffic, Irrigation System, Landscaping, and Turf
Grass Maintenance, Until Acceptance.
3. U.S 41 Corkscrew Road $1,685,291.00 2007.2007
To Northern City Limits
Of Bonita Springs
Bonita Springs
Three Plus Miles Roadway Medians
16B13
Lee County DOT
Operations
5560 Zip Drive
Ft. Myers, Florida 33905
Jonathan Romine JEI
239-461-2476
Services Provided: Prime Contractor: Landscaping And Irrigation Installation,
Irrigation System With Drip Tubing And Emitters, Directinal Boring, Site Work,
Maintenance Of Traffic, Electrical Services, Maintenance Of Traffic, Irrigation
System, Landscaping, And Turf Grass Maintenance, Irrigation System
Maintenance.
4. S.W. FL. Regional $2,232,555.00 2004-2005
Airport
Ft. Myers, Florida
Airport Building, Parking, And Common Areas
Lee County Port Authority'
Steve Monk- John Carlo
239-707-1126
Services Provided: Subcontractor To General Contractor: Landscape And.
Irrigation System Installation, Sign/Gazebo Fabrication And Installation, Fencing
Maintenance Of Traffic, Site W orl{, Electrical Services.
$973,859.00
20ll7-2007
5. U.S. 41 SR 90
Tamiami Trail
-- --=:cc:cc--c~cc,c,".EastcPhase'D'cc-'--:c'-c'
Naples, Florida
Two Miles Roadway Medians And ROW
Collier County ATM
Department
,,-. ''''''2885'S;,Horseshoe- Drive';'
Naples, Florida 34104
Mr. Bob Petersen
239-252-5871
Services Provided: Prime Contractor :Landscape And Irrigation System
Installation, Pump Installation, Signage Repair, Directional Boring, Maintenance
Of Traffic, Electrical Services, Site Work.
6. Azure At Bonita Bay $749,125.00 20ll5-2llll6
Bonita Springs, Florida
High Rise Condominium
Lutgert Companies
Naples, Florida
Michael Hoyt
239-495-6464
Services Pl'ovided: Subcontractor To General Contractor: Landscape And
Irrigation System Installation, Electrical Services, Tower Crane Direction, Water
Meter Connections.
7. Airport Pulling Road $506,749.00 20ll4-20ll4
Naples, Florida
Two Miles Roadway Medians And ROW
Collier County ATM Dept.
2885 S. Horseshoe Drive
Naples, Florida 34104
16813
Ms. Pam Lulich
239-252-6291
Services Provided: Prime Contractor: Landscape And Irrigation System
Installation, Electrical Services, Site Work, Directional Boring, Maintenance Of
Traffic.
$478,939.00 2003-2007
Collier County ATM Dept.
2885 S. Horseshoe Drive
Naples, Florida 34104
Scott Windam
239-390-1936
8. Golden Gate Blvd.
Phase Ill,
Phase II
Phase I
Naples, Florida
Three Plus Miles Roadway Medians And ROW
Services Provided: Prime Contractor Landscape And Irrigation System
Installation, Electrical Services, Directional Boring, Well Drilling, Signage,
Maintenance Of Traffic, Site Work.
9. Collections AT $1,094,819.00 2006-2007
Vanderbilt
Naples, Florida
Five Plus Acre Shopping Center
Wolbright Development
Naples, Florida
Laura Sloat
239-596-2807
Services Provided: Sub Contractor To Developer: Landscape And Irrigation
--c:-Systems Jl)'stallatipl1,'Site:W ork;=-'j're-e:Relocatiqn,cIrrigation"Maintenance;'cc:""
10 Livingston Road $,1,015,702.00 2004-2005
Immokalee To The
Collier County Line
Naples, Florida
Five Plus Miles Roadway Medians And ROW
Collier County ATM Dept.
2885 S. Horseshoe Drive
Naples, Florida 34104
Bob Petersen
239-252-5871
Services Provided: Prime Contractor: Landscape And Irrigation Systems
Installation, Electrical Services, Directional Boring, Water Meter Connections,
Pump Stations, Maintenance Of traffic, Site Work.
Lee County DOT
Operations
5560 Zip Drive
Ft. Myers, Florida 33905
Jonathan Romine JEI
239-461-2476
Services Provided: Prime Contractor: Landscape And Irrigation Systems
Installation, Electrical Services, Directional Boring, Pump Stations, Maintenance Of
11 U.S. 41 Boy Scout Drive $934,674.00
Fowler Street To College
Parkway
One Plus Mile Roadway Medians
2007-2007
16813
Traffic, Site Work, Concrete Removal, Trellis Installation, Irrigation System With
Drip Tubing And Emitters, Irrigation And Landscape Maintenance
Lee County DOT
Operations
5560 Zip Drive
Ft. Myers, Florida 33905
Jonathan Romine JEI
239-461-2476
Services Provided: Prime Contractor: Landscape And Irrigation Systems
Installation, Irrigation System With Drip Tubing And Emitters, Electrical Services,
Directional Boring, Maintenance Of Traffic, Pump Stations, Site Work, Irrigation,
Landscaping And Turf Grass Maintenance.
12 Bonita Beach Road
Landscape & Irrigation
Project From Mango Drive
To 1-75
Two Miles Roadway Medians And ROW
$783,450.00 2007-2008
13 U.S. 41 (SR 90) Tamiami Trail $ 588,355.00
East Phase E Barefoot Williams
To Collier Blvd.
One Plus Miles, Roadway Medians & ROW
2007-2007 Collier County ATM
Department
2885 S. Horseshoe Dr.
Naples, Florida 34104
Mr. Bob Petersen
239-252-5871
Services Provided: Prime Contractor: Landscaping And Irrigation System
Installation, Pump Stations, Directional Boring, Maintenance Of Traffic, Electrical
Services, Site work.
.'."B~:..'~"..~,..
Date:
j)~ 7 ~"-l~
,
Dale F. Hannula President
Hannula Landscaping And Irrigation, Inc.
HANNULA LANDSCAPING AND IRRIGATION, INC.
28131 QUAILS NEST LANE
BONITA SPRINGS, FLORIDA 34135
239-992-2210
16B13
EXPERIENCE WITH INSTALLING NEW!LARGE/CRANED IN PLANT MATERIAL
ON A STATE ROAD OR COLLIER COUNTY ROADWAY
BID NUMBER 09-5140
1-75 AT GOLDEN GATE PARKWAY
By: 04 ~A
Date: IlIdlJ 7 r9rJ() K
I
16 B 13
HANNULA LANDSCAPING AND IRRIGA nON, INC.
28131 QUAILS NEST LANE
BONITA SPRINGS, FLORIDA 34135
CONTRACTOR'S (3) YEARS EXPERIENCE INSTALLING
NEWILARGE/CRANED IN PLANT MATERIAL ON A STATE OR COLLIER
COUNTY ROADWAY.
1. Evidence Of (3) Years Experience In Specific Area Of Expertise For which
Services Are Provided.
The Following projects specifically include landscape installation, irrigation system
installation, irrigation system with drip tube emitters, pump station installation,
well drilling, sign fabrication and installation, fencing, hardscapes, landscape
maintenance, directional boring, maintenance of traffic, installing landscape
material with cranes, electrical service, irrigation system maintenance, landscape
maintenance, turf grass maintenance, Motorola irrigation control equipment
installation and maintenance.
Name OfpJ'oject:/ Account Contract Start / Owner I Contact
".----...-."---.--------------.----.----".---."
-Amoiiiif' ....-TompleteC__-"-:~_: ~::,::C:,:::"'--""::~-:C"-
1. Golden Gate Parkway $1,317,845.00 2007-2008 Collier County ATM Dept.
Grade Separated Overpass 2885 S. Horseshoe Drive
Naples, Florida Naples, Florida 34104
Two Miles Roadway Medians Mr. Bob Petersen
239-252-5871
Services Provided: Prime Contractor: Landscaping And Irrigation Installation,
Directional Boring, Signage Repair, Maintenance Of Traffic, Site Work
(Demolition and Grading) Irrigation System, Landscaping, and Turf Grass
Maintenance, Motorola Irrigation Control Equipment Services, And Landscape
Crane Work.
2. Gulf Coast Town Center $3,607,900.00 2005-2007
Estero Florida
15 Acre Shopping Center
CBL & Assoc.
Chattanooga Tennessee
Mr. Brian Stoker
423-855-1550
Services Provided: Sub Contractor To General Contractor: Landscaping And
Irrigation Installation, Directional Boring, Signage Installation, Fencing, Site Work,
16813
Hardscapes, Maintenance Of Traffic, Irrigation System, Landscaping, and Turf
Grass Maintenance, Until Acceptance, and Landscape Crane Work.
3. U.S 41 Corkscrew Road $1,685,291.00 2007-2007
To Northern City Limits
Of Bonita Springs
Bonita Springs
Three Plus Miles Roadway Medians
Lee County DOT
Operations
5560 Zip Drive
Ft. Myers, Florida 33905
Jonathan Romine JEI
239-461-2476
Services Provided: Prime Contractor: Landscaping And Irrigation Installation,
Irrigation System With Drip Tubing And Emitters, Directinal Boring, Site Work,
Maintenance Of Traffic, Electrical Services, Maintenance Of Traffic, Irrigation
System, Landscaping, And Turf Grass Maintenance, Irrigation System
Maintenance, and Landscape Crane Work.
4. S.W. FL. Regional $2,232,555.00 2004-2005
Airport
Ft. Myers, Florida
Airport Bnilding, Parking, And Common Areas
Lee County Port Authority
Steve Monk- John Carlo
239-707-1126
Services Provided: Subcontractor To General Contractor: Landscape And
Irrigation System Installation, Sign/Gazebo Fabrication And Installation, Fencing
Maintenance Of Traffic, Site Work, Electrical Services, and Landscape Crane
5. U.S. 41 SR 90 $973,859.00 2007-2007
Tamiami Trail
East Phase D
Naples, Florida
Two Miles Roadway Medians And ROW
Collier County ATM
Department
2885 S. Horseshoe Drive
Naples, Florida 34104
Mr. Bob Petersen
239-252-5871
Sel'Vices Provided: Prime Contractor :Landscape And Irrigation System
Installation, Pump Installation, Signage Repair, Directional Boring, Maintenance
Of Traffic, Electrical Services, Site Work, Motorola Irrigation Systems Installation
and Service, and Landscape Crane Work.
6. Azure At Bonita Bay $749,125.00 2005-2006
Bonita Springs, Florida
High Rise Condominium
Lutgert Companies
Naples, Florida
Michael Hoyt
239-495-6464
16813
Services Provided: Subcontractor To General Contractor: Landscape And
Irrigation System Installation, Electrical Services, Tower Crane Direction, Water
Meter Connections, and Landscpe Crane Work.
7. Airport Pulling Road $506,749.00 2004-2004
Naples, Florida
Two Miles Roadway Medians And ROW
Collier County ATM Dept.
2885 S. Horseshoe Drive
Naples, Florida 34104
Ms. Pam Lulich
239-252-6291
Services Provided: Prime Contractor: Landscape And Irrigation System
Installation, Electrical Services, Site Work, Directional Boring, Maintenance Of
Traffic, Motorola Irrigation Control System Installation And Service, And
Landscape Crane Work.
$478,939.00 2003-2007
Collier County ATM Dept.
2885 S. Horseshoe Drive
Naples, Florida 34104
Scott Windam
239-390-1936
8. Golden Gate Blvd.
Phase III,
Phase II
Phase I
Naples, Florida
Three Plus Miles Roadway Medians And ROW
Services Provided: Prime Contractor Landscape And Irrigation System
Installation, Electrical Services, Directional Boring, Well Drilling, Signage,
Maintenance Of Traffic, Site Work, Motorola Irrigation Control Systems
-~;c--=: IfislaIlatioiIAfid=Setviee;And LaudsclIp'cCl'atl.e:Work. -___--ccc__
9. Collections AT $1,094,819.00 2006-2007
Vanderbilt
Naples, Florida
Five Plus Acre Shopping Center
Wolbright Development
Naples, Florida
Laura Sloat
239-596-2807
Services Provided: Sub Contractor To Developer: Landscape And Irrigation
Systcms Installation, Site Work, Tree Relocation, Irrigation Maintenance.
10 Livingston Road $,1,015,702.00 2004-2005
Immokalee To The
Collier County Line
Naples, Florida
Five Pins Miles Roadway Medians And ROW
Collier County ATM Dept.
2885 S. Horseshoe Drive
Naples, Florida 34104
Bob Petersen
239-252-5871
Services Provided: Prime Contractor: Landscape And Irrigation Systems
Installation, Electrical Services, Directional Boring, Water Meter Connections,
Pump Stations, Maintenance Of traffic, Site Work, Motorola Irrigation Control
Systems Installation And Service, And Landscape Crane Work.
16813
Lee County DOT
Operations
5560 Zip Drive
Ft. Myers, Florida 33905
Jonathan Romine JEI
239-461-2476
Services Provided: Prime Contractor: Landscape And Irrigation Systems
Installation, Electrical Services, Directional Boring, Pump Stations, Maintenance Of
Traffic, Site Work, Concrete Removal, Trellis Installation, Irrigation System With
Drip Tubing And Emitters, Irrigation & Landscape Maintenance, And Landscape
Crane Work.
11 U.S. 41 Boy Scout Drive $934,674.00
Fowler Street To College
Parkway
One Plus Mile Roadway Medians
2007-2007
Lee County DOT
Operations
5560 Zip Drive
Ft. My~rs, Florida 33905
Jonathan Romine JEI
239-461-2476
Services Provided: Prime Contractor: Landscape And Irrigation Systems
Installation, Irrigation System With Drip Tubing And Emitters, Electrical Services,
Directional Boring, Maintenance Of Traffic, Pump Stations, Site Work, Irrigation,
Landscaping And Turf Grass Maintenance, Landscape Crane Work.
$783,450.00 2007-2008
12 Bonita Beach Road
Landscape & Irrigation
Project From Mango Drive
To 1-75
Two Miles Roadway Medians And ROW
13 U.S. 41 (SR 90) Tamiami Tmil $ 588,355.00
.,.., East.Phase EBarefootWilliams
To Collier Blvd.
One Plus Miles, Roadway Medians & ROW
2007-2007 Collier County ATM
, . , Department
2885 S. Horseshoe Dr.
Naples, Florida 34104
Mr. Bob Petersen
239-252-5871
Services Provided: Prime Contractor: Landscaping And Irrigation System
Installation, Pump Stations, Directional Boring, Maintenance Of Traffic, Electrical
Services, Site work, Motorola irrigation Control Systems Installation And Service,
Landscape Crane Work.
By:
Q~Jf-
Dale F. Hannula President
Hannula Landscaping And Irrigation, Inc.
Date:
~ I; ~JV
HANNULA LANDSCAPING AND IRRIGATION, INC
28131 QUAILS NEST LANE
80NITASPRINGS, FlORIDA 34135
239-992-2210
810 NUMBER 09-5140
1-75 AT GOlDEN GATE PARKWAY
FINANCIAL VERIFICATION OF ABILITY TO PURCHASE $50,000.00
WORTH OF SPECIMEN ROYAL PALMS
By: ~~1Z-
Date: Nt'tJ. 7 J)o()g
,
16813
16813
fllFifth Third Bank
9021 Bonita Beach Road
Bonita Springs, FL 34135
239-949-6300
November 3, 2008
To Whom It May Concern:
Hannula Landscaping and Irrigation, Inc. has the reserve capabilities to purchase
$50,000 worth of specimen royal palms for project # 09-5140 (1-75 at Golden
Gate Parkway Landscape Improvements). Should you have any questions,
please feel free to contact me.
Sincerely,
/~l }4I/t--
Tom Barnett
:c: FinanciaLCenter:Manager:::::
Bonita Beach Road Financial Center
239-949,6300
16B13
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16B13
..
HANNULA
lJ!Kl~ & 1RRIGp;rjCf\/, IN<<::.
SUBMITTAL NO.:
001
Bid #09-5140 1-75 at Golden Gate Pkwy Landscape
Improvements
Crape Myrtle 'Muskogee'
10-12' HT 5-6' SPR 3" CALPR Multi
Cherry Lake Tree Farm
JOB NAME
PLANT NAME
SPEC.S
NURSERY
Approved By:
Date:
SUBMITTAL NO.:
JOB NAME
PLANT NAME
SPEC.S
NURSERY
Approved By:
Date:
16B13
..
rHANNULA~
l.ANOSCAPlNClll> IflRIGAnCN, INC.
002
Bid #09-5140 1-75 at Golden Gate Pkwy Landscape
Improvements
'Densa' South FL Pine
5' HT 24" SPR 1" CALPR 7gal
King's Nursery
SUBMITTAL NO.:
JOB NAME
PLANT NAME
SPEC.S
NURSERY
Approved By:
Date:
~-\'
~
""HANNULA'"
LAI'<OSCAf'f,lS '" lRAlGAlIl;>>/, INC.
.
16 B 13
003
Bid #09-51401-75 at Golden Gate Pkwy Landscape
Improvements
'Densa' South FL Pine
8' HT 36" SPR 2" CALPR 15gal
King's Nursery
SUBMITTAL NO.:
JOB NAME
PLANT NAME
SPEC.S
NURSERY
Approved By:
Date:
..
"-HANNUlA
~INS i.lRFlISI';ITC>>!, INC.
004
Bid #09-51401-75 at Golden Gate Pkwy landscape
Improvements
'Densa' South Fl Pine
14' HT 48" SPR 4" CAlPR B&B
Cherry lake Tree Farm
16813
16813
..
HANNUlA~
L~ING &lRRlGATlCfll, iNC
SUBMITTAL NO.:
005
Bid #09-5140 1-75 at Golden Gate Pkwy Landscape
Improvements
Florida Royal Palm
12' WD, specimen
High Hope Tree Farm
JOB NAME
PLANT NAME
SPEC.S
NURSERY
Approved By:
Date:
16B13
..
'HANNULA'"
~PING a. IRRiG,o,ll()\l, INC.
SUBMITTAL NO.:
006
Bid #09-5140 1-75 at Golden Gate Pkwy Landscape
Improvements
European Fan Palm
4-6' HT, 3 stem min.
Soaring Eagle Nursery
JOB NAME
PLANT NAME
SPEC.S
NURSERY
Approved By:
Date:
SUBMITTAL NO.:
JOB NAME
PLANT NAME
SPEC.S
NURSERY
Approved By:
Date:
16813
..
'"HANNULA'"
LANOSCAPNS a IRRIGAllON, It-C
007
Bid #09-51401-75 at Golden Gate Pkwy Landscape
Improvements
Sabal Minor
3 9a112" HT
Perkins Nursery
16813
..
HANNULA
~ j. iflR1GAnC>>/, iNC.
SUBMITTAL NO.:
008
Bid #09-51401-75 at Golden Gate Pkwy Landscape
Improvements
Silver Saw Palmetto
3 9a112" HT
Perkins Nursery
JOB NAME
PLANT NAME
SPEC.S
NURSERY
Approved By:
Date:
~,
~
HANNULA
LANDSCAPlOO .. iRRIGATICN, iNC
SUBMITTAL NO.:
009
Bid #09-5140 1-75 at Golden Gate Pkwy Landscape
Improvements
Firebush
10 gal
Marken Nursery
JOB NAME
PLANT NAME
SPEC.S
NURSERY
Approved By:
Date:
16B13
SUBMITTAL NO.:
JOB NAME
PLANT NAME
SPEC.S
NURSERY
Approved By:
Date:
16813
..
'HANNULA-'
LMIDSCAPm & IRFIIGImON, INC
010
Bid #09-51401-75 at Golden Gate Pkwy Landscape
Improvements
Bougainvillea 'Siloulette'
3 gal
Gray's Ornamentals
SUBMITTAL NO.:
JOB NAME
PLANT NAME
SPEC.S
NURSERY
Approved By:
Date:
16813
..
HANNULA
~ a,IRAlGAll00. INC.
011
Bid #09-5140 1-75 at Golden Gate Pkwy Landscape
Improvements
Thryallis
3 gal
E&R Nursery
..
HANNULA
~ a.IRflIGA11ON, INC.
16813
SUBMITTAL NO.:
Ot2
Bid #09-5140 1-75 at Golden Gate Pkwy Landscape
Improvements
Juniper Parsonii
3 gal
E&R Nursery
JOB NAME
PLANT NAME
SPEC.S
NURSERY
Approved By:
Date:
16813
TRENCH SAFETY ACT
Bidder acknowledges that included in the various items of the bid and in the Total Bid
Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida)
effective October 1, 1990. The Bidder further identifies the cost to be summarized
below;
Failure to complete the above may result in the Bid being declared non-responsive.
Dated November th, 2008
Hannula Landscaoina & Irriaation. Inc.
cjder
IJA/~:A
BY:
Dale F. Hannula
GC-P-6
16813
TRENCH SAFETY ACT
Bidder acknowledges that included in the various items of the bid and in the Total Bid
Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida)
effective October 1, 1990. The Bidder further identifies the cost to be summarized
below:
Failure to complete the above may result in the Bid being declared non-responsive.
Dated November 7th, 2008
Hannula Landscapinq & Irriqation. Inc.
ejder
IJAI--z~A
BY:
Dale F. Hannula
GC-P-6
16B13
...
STATEMENT OF EXPERIENCE OF BIDDER
The Bidder is required to state below what work of similar magnitude completed within
the last five years is a judge of its experience, skill and business standing and of its
ability to conduct the work as completely and as rapidly as required under the terms of
the Agreement.
Proiect and Location Reference
1. Golden Gate Parkway (Grade Separated Collier County ATM Dept. Mr. Bob
Overpass Landscape Installation) Petersen (239) 253-2326
2. US 41 East Phase D (S1. Andrews Blvd. Collier County ATM Depl Mr. Bob
to Barefoot Williams Rd.) Petersen (239) 253-2326
3. US 41 (SR 90) Tamiami Trail East Phase Collier County ATM Dept. Mr. Bob
E (Barefoot Williams Rd. to Collier Blvd.) Petersen (239) 253-2326
4. US 41 (Boyscout Dr.lFowler Sl to College Lee County DOT Operations Mr. Bob
Pkwy) DeB rock (239) 533-9425
5. Bonita Beach Rd. Landscape & Irrigation Lee County DOT Operations Mr. Bob
Project (Mango Dr. to 1-75) DeBrock (239) 533-9425
6. us 41 (Corkscrew Rd. to Northern City Lee County DOT Operations Mr. Bob
Limits Line of Bonita Springs) DeBrock (239) 533-9425
Dated November ih. 2008
Hannula Landscaoina & Irriaation, Inc.
c1er
",' '4IfI~
BY:
Dale F. Hannula
GC-P-5
16813
Qualifier Certification Information
CDPR2307 - Qualifier certification Information
Collier County Board of County Commissioners
CD-Plus for t'Hndm'ls
Printed on 9/23/200 2:30:58PM
CERT NER:
12870
QUALIFIER NBR:
12870
DALE F. HANNULA
CLASS CODE: 4235
LANDSCAPING RESTRICTED CONTR.
STATE NER:
COUNTY COMP CARD: 3432SC
STATE EXP
LIAB EXP
1/13/2009
WC EXP
1/1/2009
ORIG ISSD
1/20/1993
RENENAL
EXPIRES
9/30/2009
DBA:
HANNULA LANDSCAPING, INC.
28131 QUAILS NEST LANE
WC EXEMPT: N
OL EXEMPT: Y
ADDRESS:
EXEMPT EXP DATE:
PHONE:
(239) 992-2210
FAX:
FL
(239) 498-6818
34135-6932
CITY:
BONITA SPRINGS
~/
16813
Qualifier Certification Information
CDPR2307 - Qualifier certification Information
Collier County Board of County Commissioners
CD~Plus for Windows
Printed on 9/23/200 2:32:51PM
CERT NBR:
18618
QUALIFIER NBR:
12870
DALE F. HANNULA
CLASS CODE: 4~20
IRRIGATION SPRINKLER CONTR.
STATE NBR:
COUNTY COMP CARD:
STATE EXP
LIAB EXP
1/13/2009
WC EXP
1/1/2009
ORIG ISSD
7/31/1998
RENEWAL
EXPIRES
9/30/2009
DBA:
HANNULA IRRIGATION, INC.
WC EXEMPT: N
OL EXEMPT: Y
ADDRESS:
28131 QUAILS NEST LANE
EXEMPT EXP DATE:
CITY:
BONTTlt SPRINGS
FI,
34135-
PHONE:
(239) 992-2210
FAX:
,,~J.;
16813
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111epartmeut of ~tate
I certify from the records of this office that HANNULA' LANDSCAPING AND
IRRIGATION, INC. is a corporation organized under the laws of the State of
Florida, filed on December 8, 1992.
The document number of this corporation is P92000010592.
I further certify that said corporation has paid all fees due this office through
December 31, 2008, that its most recent annual report/uniform business report
was filed on April 28, 2008, and its status is active.
I further certify that said corporation has not filed Articles of Dissolution.
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee, the Capitol, this the
Eighteenth day of July, 2008
CR2E022 (01-07)
't1K rl~. ~ro
JJecrelut"\!" ofJJtute
, U U U U U U U U U 'U'
, ~ CQ ~ ~ i::? CQ ~li~h<::OnC::H::O...PChC::hc:l c:lac:::l <::On~l1c:lac:::l l::CI
~
Florida Department of Transportation
16813
CHARLIE CRIST
GOVERNOR
605 Suwannee Street
Tallahassee, FL 32399-0450
STEPHANIE C. KOPELOUSOS
SECRETARY
November 5, 2008
Mr. Dale F. Hannula
Hannula Landscaping And Irrigation, Inc.
28131 Quails Nest Lane
Bonita Springs, Florida 34135
RE: DBE AFFIRMATIVE ACTION PLAN APPROVAL
Dear Mr. Hannula:
The Disadvantaged Business Enterprise Affirmative Action Plan subrnitted by:
Hannula Landscaping And Irrigation, Inc.
has been approved for a period of three years. Please update and submit a new
plan before the expiration date shown below. If you do not plan to work on any
Florida Department of Transportation projects, it will not be necessary for you to
submit a new plan.
If you need any additional information, please contact me at (850) 414-4750.
s~
caroIG_~~
Administrative Assistant
Equal Opportunity Office
/clg
AFFIRMATIVE ACTION PLAN EXPIRATION:
This olan is one of the reQuirements to bid on contracts for the Florida
Deoartment of Transoortation. This is not aooroval for Unified Certification
ProQram DisadvantaQed Business Entemrise (UCPIDBE) Certification. For
additional information in becominQ a DBE contact the Certification Section
at (850) 414-4747.
www.dot.stat8.fI.us
* REGYQED PAPER
16B13
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- ,- ti2i08.
.P..g~.r.'o;:;}
.t;fail'ti'riIaL:mdsc<l:p-;;}1.g .And lr-rigation~ Inc.
2Si$1:'~~fr~~tLa:n~
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OBE Af'RRMAllVE ACTlONPLAN
etitJl$t,STfil2W3\1T
'or, ."-'v.I_6_0P!n8.A.a~,:t.ni;....tion.ltl.... that
':< ,'-If'~'';'$jib~'()JODIli~'_''r Rule GbJOpler 14-78.F.AC,._;ijj~
ip '~"'~"1'lili?>hlfiiCil6f$l\1xI'suJllll~'" on an _cis awarded, bylhe A\J~"
;'-
,or RtJll> GI)'!Pler 14-78, FAC., shall apply ll> aU contracts enterooit1t(}.~"tff!>,1'l0nd,iJ
" <I.. _ b. ,\ndlui '91"bu:. .
..'!-OO In-ig;.\ti\>l'l.. l....,
....,.
::.--<~:~..~r;i:;~J~',;;:,~~;:I~,~,:;ii;,,,j;,,~i~~.,JP~J?Ji~Inc":::" '", __ __ _, _ _ _ _,' _ and-irs-,~~0Ts shaU
lllkl1,1\l~lle~~S$iilt,-antI;f6;i~srel'>il'lil~an"""Ymfi ~j>I"r 14--78; F,.A.~;i'ti!ell$W"..i.fl<ltlli~iml~<id '
~l;l~,~"">~v'e$eiQl>P<>#!'ilij:tv't<i'~;j'a.ill,rAAf6iom,Wllll< C<mIra:cted,Wll'n;jtie:ftiil~irJJepaliriterittlfl'F8ilsportation.
""_ __'-'l~X~'~!\l~.p;idill,'i!:li,i~..:l..'~!i;~Ir1g~tl.on,_fi";" _ _ .:, _ _ _ arIf1itsstf~Gt_!J(S:~I,':,npt_ . .'
~li!.liilti]iJii!!iliA!iti'flij'l:bllliii>'<if~!;Illllr. r~iIIi<lJI;national,<>il!:I1l>.di$abilify. ~i1,Otage'in~.i.Yiiim1l'bilof:il&!trllliiii'- ','
wJtl>:!l:(e,i!j'"i:>llllrtJ"nNfTiBilSliOil3!ii:in.
1~'~"Iw.. U"d~""1Jb>... ..\.\<llnJptlllll,. (1I'~, , has- d~~et:I-aFJd a:ppoirited
II Uaiwn(;J1li"ilr 1,,<leli;,lPp, mjijili.lliii, ..oo'fi>cin~or the DB!;A1!lrmaiive Aclion Plan implementation, ,l'rreUaiSon
afti:@.f~tr.b&:ffi~~fq_t-~1s~~n~ff#~:tlils";.P9Iicy.~,thro.ughoot IYnpllL) tMnh""Ving,_~ll(l.irr>,..~fI.,-~~.
anil'lb'll",ailvli1\lal1ed,t'MIi'Olloi!T'li(JS~&l'he'slalarteTlllsposled on notice btJaid.snftlieComjiaity.
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", . -' Dale- F. Bannula I President
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16813
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I,OeSIGNAtlO'" OF UAlSbN Of't=l(:ER
D.IeF.HJuuuiJa , ',,' " "" ~ll~elymcrUil
dlSaa'VSIllag'ed ~ltiis~j)j"$IitIdSi.tJlj:llleiS:.farall COlllidlJl>wlt~1hll FkIlida~i1lotTnmsplJrtlltlon,
'"'8'" ,.." '''-'-<,ll'',..'..........'.,''''"-~' ~-dri..................lllililllaOl-..,"""'""'"'....~A.,......Pran'in-...-Witlttlle
.n "llmpany....",ppQ.._a_a"""','''''''''''''.'''''''".,.." "",..".. ..-"'........__., ....,..", ,~"""'~_ ",'" ",..
requ~menlS PI RlJIe Ollal'ler 14-<711. FAC.
TIle lil!ison Qllicenlill ba1te prilwuy.f/lSplInsibilityfor develllPing,mainIaining. and moRllorillg tile Compan\l'S
utll!ZllQQn o'Q~nj~ .~ntfaI:;tQrs ll1'8ddl!lon llIthMoIfllWillg iij:lel'lilledutiest
(1) TlI!tL/aisQflOllicersliaIMgg~SilIidl'l;lld$ti'tini~ IltdfleS$:subli:DiilractMl fQr all
Fll1IIdil.DepaItiOOjjl DfTrtl~OOntiaclS;,
(2) Thl! UIlis<lII OIllClll'WiII SUbIrllt lIIJ;riJtORls.IIl~ am !kIl:lImllllls nllPlIl(i ,by'liieFIOril:fa D~ tif
1;~;l!Il4lM!! 1IJ3!\lIlIl.ll $!!llb'~ !9fl!~rtQll~ !\lli..1~_(hil!ll~!!iIi!I\l!,!lf Illil!fi~by
.. ',~"- (lOll....,.......'.........-.....qf....."'...;;.;;.~anl...1i '..........""^~- ,
,'W "1:""A.C;'" ,'..-......~"~.~,_...'" ............""""""..... ..,,:nm~..........,.
T~ WI/Owjt!Q..~l\a$..b!len~naled.LI@!so9~~~fqril!lJl!e\llel]/i!lgfAA'company'll.
aflirmllliVeadlon progr.am'ill aecoldancaWlthtlle ~oUheFlodda ~ Transporlation.
(LiiliSlliiOlliall'$~) "Dale F. HannUla
[Y-our Gonipal\YS Niilil8) "'....I.L...."~..nd "",_ 'a<.
(YbllrCO~'S~) ...m.Qu_....'...... ...............,.......'"
(pIiCll1eNlllillllitbtlaiSOii 0tIiEeq (239) !l'Jz.._
(E"lltii"t reIN or T8ll kJ~ .-",.
It AFFIRMA'TIVEAe'RON METHODS-
hi ~..r tli'i'oImllllltll 8'I"!laUsliecAllimlaiNe,Acli!ltl f'ta4............""""""'......d __....
Il\1$tdemllletJ tli!ito"~ ~ IIainel$ toe pilrtjcipatloll by~ Su'l:lcOIlIi8tlors.,1lettire dilserlbingita
PfOPllSed aff'il11Jlltilll>attioo merliods;
1. ~ofqlJ~ed ~Ml8lled~~!nQlJt~!I~Ql1l'lilQl!WQfk:
2. l.aCkofcertilied disadvantagedsuboonb.h;\Ol$ ~ lil!8l!.tcrplllfQlmRori4a Depailment ofTm~afiQn
WOrk;
3. lacli: Of Irtlerestin perfo/rtliilg'ooFrOrida Dejlal1mentofT~<>>iilnr<:l:>;
4. Ulc;k;!If ~whim Feqllested'tMlJd;
5. LImited krtowtedgll otF'iolilll ~Oft~ pIIIoo and spooificatio.nsfo Pf8wre a
t~ll$itl!ll bkf,
In view of the ballier,!;,tQdi$lldvaflll!IJe(H,.!~llitated above.ll: s/lall1le'the policy of
Hannnla~l'''' Arui",,""'tio..r,~ ,(O,~ oppoJ'lunity by"lllllizjng ~"IOllowll"\Q
llfl1@S1lIIe actiOll m~UlodMi>ensure partk:ipationontlJeCQnlracl$ wilhn. f'lodda. Oepartmallt ofTmnspodaiiOn.
Hm:mu.1o;Y.ndscapu.,!;:Ad~n.Inc. wilt
1, t:>rQ\Iide Io'llj..lllln nQIiCEltQ al cet!llIed Da$:$ul:M::9ntraemrs ittt~g\lO(j",phiCllI atell where the worK is to, be'
Silb!;onlf:8Cl!!d bYlIJe ~ny;
2, AdvertiSe Ill'rmnorily fOCU5tli:l m!!dla ~Ol1~rni:l: ~l'fut'IffiesWilhihe company;
16813
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~~R'F1JNITYOlTtce
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3. Select pott\oos 0( Wild( tOM fJM'omted II)< DBEs ill IlI'der ~illcreaset/j. iblIihOOdofmllBliilg '1X">HfraCt
.\10a!S (1I1!:ludlng, wneti'i,~. breaId!l\;l d@m ~IJ.1iJJ ec>>~lIy li:asible iln~l!) tal2lltaf",
DBI:. padiQPlIlionX
4,. pro~ll<tcq~eIDf~ ~1I1el1l!!OO.~-, MdIe<!l!!rem~o(tf1econlracl, !fa!
rejgGtillg.slJbc<mb<lllfo~ ~ SOUIlif reasol'IS' ~<)1). tl!otoogh rnvestIg;J!fon'On.l\elrca~bjlilles;
5. Wa\lE>mquirements ot~ bonds1l!lhef$ it I$,p:aCIIcaIlo do so;
6. Attelld pre..bid~lleJdf.llft/je Aoddll ~ilfT~to appilsediSadvtBilaged
sUbCOlltriICl.oi!! oli oppoittmiiieswllli'th..~,
7. F6How 1lj),(lI\ Jillliat~1lS ,01 i):It~1I)OBE;$!jbcQntra.d.0Ill III d$l~b (;jlrtafnt}lWhetMtl/il;l
OBe'COlI'lpa!lY isi~ in Ihe Slilxxlntractil{ltlOJtuMy.
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Ill. 'MPlEMENTAtlON
On conli'lllil$ wItit specllic [l1lE QOal$. ,1l"__~ ~","""",ph'~ And lu~...... Ieo
Will mike 'eVl!\Y'illfOdto meet !:QlIli'I;ict'goalS.as,Sl8lei:Illy .\lIlItzlll!l ils llIllII'i'IiiIN acoon,i1IetllOds. On 'projeds WilIr no
spaClll~gltals, tbe OJimpanyWiJI. a!>aitliocPt" -M ili'1lOOdfaitit"!leek tollliliZe DBE SIitiCOlIImClOrswberh'ilorll: ism be
slibOOlitrtll:ltW.
IV. REPoR't1NG
......uh~.... Mod In......,, In'' , , c- shall l:~ and maiflfaln such, records-as
are 1lIl!;l!S'SlIl)' ,to dmermillll the Compim~'& JlQmj:IlJanee lIrill1 ilsllElie'A1Ii~ AClkln I"fim..
TIle GQIi"lpillly wll/ ~,il$lllCiiIQ' ~~pIl!g ~eI1111) llIdiGallf:
1. The number of oee sllbconltactOOl alll:tSUj:lplieiS iJ$edlly'llK!:company,ideillllYiil91ffe items ofwotR,
materials and $eNlcesprov/ded;
2. The elfQIts llf!(j ~ ~ m~ jo'l'lll8Ioi!l9 J:lSE~ l/lnx.lgh focal andOOl'lllDlJl\/lysoun:es;
3. DOCUlllOOlalion ofllRconfrlIcIs, toincjude~. ~~~l!l1l' ll!Iv~lillml$, ~~,
to obtllinDBE pailid/)aliOnOlllllll'lorida OeJ;llIlIriIentotTla~)Jl'Ojel:l$; ,. , ,
4. 1'JteCOInpMlIlhall;@lti.llfll"WitIl Florida Oe~llfTfanSportatiM'SNquj_nf$ regarding
pa~iJ$~!f $~"~iil~g I)Bt;$fflreadl:mMtli,(~ periOdUn which the,
c9in~hilveV!'l!!M4.
V. DeE DIRECTORY
!iw'pn-wOl T..an.b<:apia;AndlrrlgaJion..t.nc.
will tlIillZllt~ OOE't:Iired!llYpubllstrBlf
by the FloIidll Oepal1n1enl of Tl'lIrISIlllI"latilln,
The Company WiII'distriblite FOI1J1 Nl-ImlJef 27~1. ~~^Cet!if~!!!l F(lIm Nilriluet 1. to patetitilll
DBE COnll'aaors'and assiSf In their ~.
-
Florida Department of Transportation
16 B 13
CHARLIE CRIST
GOVERNOR
605 Suwannee Street
Tallahassee, FL 32399-0450
STEPHANfE C. KOPELOUSOS
SECRETARY
November 5, 2008
Mr. Dale F. Hannula
Hannula Landscaping And Irrigation, Inc.
28131 Quails Nest Lane
Bonita Springs, Florida 34135
RE: EEO AFFIRMATIVE ACTION PLAN APPROVAL
Dear Mr. Hannula:
The Equal Employment Opportunity Affirmative Action Plan submitted by:
Hannula Landscaping And Irrigation, Inc.
has been approved. Please update any changes to your plan as they OCCUL It
will not be necessary for you to submit a new plan unless there has been a
change in the designation of your EEO Officer.
If you need any additional information, please call Carol Greene at (850) 414-
4750
~;~~
Administrative Assistant
Equal Opportunity Office
/eg
Attachment(s)
www.dot.state.fl.us
* RECYct.ED PAPER
16813
srATE OF FLORIDA OEPARTMENT OF TAANSPORTATION
NOTIFICATION TO FOOT OF EEO OFF1CER
,M'anstgJ1<!~ tlf;W!inal!-O:.,
, .Q!'J:l!(,!;>gwa!illl~~~j";!,WSJ'~;
275-021-\3
EQUAl apPORnlNITY
01107
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Pr.,sidjent
11._.'()~l(~ddress of-E~q'Offll::l?lr. (City, state, zip}'
,______ BOrl!.fu:Sering$,FJllrkfa 34t~!i
H~:lE:9~~;;~~N,,!,,"""
Sec.titfiI3, SIGNATURE OF CORPORATE OfFfClAL
'1",-.>.--,',
':'r:-
,;~t~(il)ielf:lif'lnijBq4af'E:mpT~ymenLOppbrtunltY Sri""i:.) Pro\lfsions inCluded iI1FederailY/F"j;lHifi~,!f'
'\~iii:~~Y: 00hSttuJJtlbn Conf(f!cls and as required in the Equal Employment 9pPoti'ul!!ty
~iiliI'iJ'~t!i1lsfl1mijji;ledm.aIi'Sta:te;ftl!ldedhig hw1iy,constrt.jction"Ohlt~bt~, Ihi$.6fflcilllilqt!e'e ,ofEEO
, '. , i.,' ti)(eAj (;!lldl,QrftW~te)"il>'!'la,~e tOlhef~,ri(f[l')Q~M~~I1!/\i~ tf~~~p\iff<!'!1i!r.afld Ihe
..~, oI'}I''''YJ'f!jjlifij~~~:tf'litWA) l\lf.fae~~I$!{dM3!l~;,~,i'f@1~!\'1J;fi3J'lrif..trifiitii)ff';~~\mf{lifID.1t\~
$i;i'. " , ,i1ll!jif!oJlj'eF!~pects6fthecon.~jj;u~tidi1:cdnltll'elcomP't;anrepii:;~$h'lii'iaj ,
'Ej12EP'Gonsfnicffi:;hGdfilracl Compliance V\lbikb06k.
1a.~~~!~;~~~~rr~:!
11151,2>>0'11
, ,
:_~~~,P,tf~t~~ Tjtl~ fp~)
P~@til
(This,Seclion For FOOT Use} SectiDn 4: Processing ofNotificalion
20: 'Dat8::OroCess~,L{iii61aaily'rr
, Gtjpy; Mailed trrConlraclor
,~ORllJ~g~,l,W~
'PPROVEW ' ,
0!SA,. P, PJf51 fY/,
1ATE
._~--c-----.--;.'~--'~'" ~ "....:"'-.._....,......,............,___0_ .._._
_...__.........:,-"-,,....,,"'."'-'-"'-~_.
16813
Hannula Landscaping And Irrigation,.In(.
2'5\31 Q\ra-il$ NOi'st Lure
Bonib Sprll'i~F F1ori<;f;;l ~135'
(.zgt1tm...22JQ
:!$t(*-PUICY&F'l.AN
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~'lilldmailllutll~"ofllil ~..ot l:lfI'ei'S ftlt $lileOlMi'Iitts from
fiir!~~~~~:3II::=",19d~~
~fIUct~r~~'.~'lIlI~i91.~Iri~~~~to iii'ld,P!!f!Q~ne!i
U!ld 'fu&. ',' "," ,', "'.'EEO~:iWl-iiltlIi- ~::aulilri''''''h~, ',,',.. &1,'",
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12.
1~_
14.
RECORDS
_tt~'B
REPORnM~..Or:~~Lldt:tm, '" ',,' ',,' " ,_
, Jfat!ll1)"tiJijea~'I9ii!:S.hItOl' IIli!t flal;,llItlm ~<l!l;OO#~l;;I!.(l;e:!l("$ex,.
, ",,,,,"inn,.~ ....'Or" :.rtatb......bJi "",..................'or.<iiet ,.,,~..''''.,.-D...........''.
~"",""I....._ ' . Qglf...,.._.9~,. __ ",' ,.." !l3m """'-....._...,_....
=:I=t~~~muri~~ma~'t=t'~EEo,~~,llameaJtI
ThoEeb ..Offit<<WlIl'm~= eo~ (jf~~iMOOnillade tlitii~
company iOcOllriecflOli willi: itS Q:li1lraduai~_ "i'be EEOOfIicer 'Will' afteriipt to
rllSolVe. such CillTIlilakllS, ~e.ac:ti.Ollatll< ,be','taI<en iOlfld,'W1lttbOtl"IDI/QI;!filfl'on acuOJ)s
taKen and tlleiretrect, ItthiHiMl~ indiCiltftilUilt/lediSC/iffiinlitibilRlay'affilCt pet$(jos
6th'et-lrtatiflel:bfflPJjiirlald, sudi /l:OltediVellCt!CriS-$halI ~ 'SUl:Il,OfhEil'pt!tsonsi Up'Oll'
collipletion Ofeach.~ati:i!l. tha'EEO'~d'li'lIOi'in-eve.y,ttlfflplamaillof'all(jfhIsor
ner avenues Of .appear, The'BddtliSSe$ shi:IWIi:beIOW'iUij'iiiidlliVi/ni.lf$'JOI"ajipl>alS".
EEOrll!ri'a.lCl'&J'lA!l
C6mplirlyE!EQ0fficlil(
Sw nam~ and oontal:f'infoonaOOri
SUbsequeflto/'ShOiWrttl!'poilti!d~
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Oftre~OfF~~e,Ill'~C4lj~
afFbi$Yih~f;S~. ~7a:.'7S
Afll;l.ola, <M: ~ll&I3
$60,242'4
U.s. ~l/tJ1;lII":IDf'.em.~
,Cqm.lPfI ' ,
t,!irlfrrtj prslriCtOl'b
Oij:eBiSClii~e:'tbM1r,S\ll&J;27.w
MiamI. FL~131
80a ,669;4000,
~&,
R:di:fda'~' Q!I,Hul11lliJi~elliUons
2009,~!iI8~ePa.t;*~.
T~,F1323O'$4~02
a5i '~701ilZtlf342-Af(Q
lt~"'~~A!lmi!'J~l:iItJQn
~i/iiJIlt~~~$lJit.200
TiIIl~~.a~;
lJ:s:.Efjt,r.lI~m;o~iW
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U-B-J 3
16813
SlATE OF i'LORIDA OE:PARTMcNT Of lRANSPORTATlON
NOTIFICATION TO FOOT OF EEO OFFICER
27~021-13
EQUAL OPPORTUNITY
011;)7
FOOT EaualOoportunitv Office,
Mail signed original to:
605 Suwannee Street-MS 65,
Tallahassee, F132399-0450
Section 1: COMPANY IDENTIFICATION
\, Contiaclor N~me: ~____ _ 2.. FElD No.:
Hannula L<]ndscaping And Irrigation, Inc. 650375795
1-3,- Home Office Mailing Address: (street) - 4. Home Office Mailing Address: (city, State, lip))
28131 Quails Nest Lane Bonita Springs, Florida 34135
5. Main Phone Number: d_ 6. Fax Number:
(239) 992.2210 (239) 498-6818
7. y/~a.tjsbeing Ilnitial~~?Officer ~O~ice to FOOT 1 New PersonADDointed I ADDaintee Chanaed Name j Contac~ Data Channed
Ch.n9~~? I [:?lYes(. CJNc> I nYes [;X;] No I LJ Yes [Xl No I LJ Yes I2?l No
,. .'
Section 2: EEO OFFICER IDENTIFICATION
8. Narite ofEEOOffi.cer: (first llamei-niiddle initial; last name)
Dale f., HanRujij-- -
1 O. W9rk-Ad_~res~ ofEECf6JfiEer:(Streetr--' w_..
f-~--
2813JQuailsNestLane___ __ u _ J Bon~a.SJlnngs, Florida 34135
12.EI;O:Officer Ph,~~eNlJm~er: -----~EEO Officer Fax Number:
(23~f9~2'2210 ~_~___.-lm!ll498:68J8 . _ _
14~': EEO Qfficei' email address:
9. EEO Officer's Working Title:
President
11.- Work Address ofEEOCffficer: {cii}l";'stale,""zip} -
-,.
,.----
--.-----
-------
dhannula@hannulalandscaping,com
Section 3: SIGNATURE OF CORPORATE OFFICIAL
AsreqLlired in the Equal Employment Opportunity Special Provisions included in Federally Funded
Highway Construction Contracts and as required in the Equal Employment Opportunity
Requirements included in all State funded highway construction contracts, this official notice of EEO
Offi.cer appointment (and/or ~pdate) is made to the Florida Department of Transportation and the
U.S., Federal Highway Administration (FHWA). I understand that additional Information regarding the
EEO Officer, the EEO Policy and other aspects of the construction contract compliance program may
be found in the EEO ConstructioJl Contract Compliance Workbook,
15;.Appointingomc1al's Signature: --
16. Date: (Mo/DilylYr:r"
(If' ./ll
/A..L 1'/1
17;. Official's Name: (printed)
Oale F. Hannula
-/
11/5/2008
18. Official's Title: (printed)
President
(This Section For FOOT Use) Section 4: Processing of Notification
19, Processed by: (First and last Name)
I 20, Dale Processed: (mofdaylyr)
.~----_._._---
I
DISTRIBUTION:
UPDATE ACTION:
Original to F~9T ,Central EO Office Files; Copy: Mailed to Contractor
Input In EOR::.-vstem
l6piJJ 3
01/07
State of Florida Department of Transportation
EEO Officer Notification
This form is used by contractors to communicate the appointment of an EEO Officer and to provide
EEO Officer Contact data. The form is also used to update that information in the event of new
appointees, name changes or contact data changes. Refer to the EEO Construction Contract
Compliance Workbook and the FOOT contract for compliance program requirements and instructions.
The contractor mails original of the completed form to
FOOT Equal Opportunity Office
605 Suwannee Street-MS 65
Tallahassee, FJ 32399-0450
A copy of the form is returned to the contractor upon completion of processing by FOOT
General: Complete all boxes each time this form is submitted
Section 1: Proiect Identification
Box 1 Contractor Name - The name of the contractor.
Box 2 FEID No. - The contractor's Federal Identification Number
Box 3 . Home Office Mailing Address (Street) - The contractor's home office street
address; if the business' home office is outside of Florida, indicate the address of the Florida
Home Office.
Box 4- Home Office Mailing Address (City, State, Zip) - The contractor's home office city,
state and zip code; if the business' home office is outside of Florida, indicate the address of
the Florida Home Office.
Box 5 Main Phone No. - Area code and phone number contractor's main business phone
Box 6 Fax Number No. - Area code and phone number contractor's main fax
Box 7 What is Being Changed? - Mark 'Yes' or 'No" to indicate if this is the company's
initial submission of EEO Officer information; If a new person has been appointed as EEO
Officer, If the appointee of record had a name change, and if the appointee's contact data is
being updated.
Section 2: EEO Officer Identification
Box 8 Name of EEO Officer - First narne, middle initial and last name of EEO Officer
Box 9 EEO Officer's Working Title - Job title if the EEO Officer has other duties (e.g.
Treasurer, Manager of Contract Services, etc)
Box 10 Work Address of EEO Officer (Street) - Address of EEO Officer's office
Box 11 Work Address of EEO Officer (City, State, Zip) - Address of EEO Officer's office
Box 12 EEO Officer Phone Number - Area code and phone number for EEO Officer
Box 13 EEO Officer Fax Number - Area code and fax number for EEO Officer
Box 14 EEO Officer email address - EEO Officer Email address
Section 3: Sicmature of Corporate Official
Box 15 Appointing Official's Signature - Signature of Company Official responsible for
EEO Officer Appointment
Box 16 Date (Mo/Day/Year) - Date appointing official signs this Notification form
Box 17 Official's Name (printed) - Printed first name and last name of person signing Box
15
Box 18 Official's Title (printed) - Printed title of person signing Box 15 (e.g. President,
CEO, etc)
Section 4: ProcessinQ of Notification
This section is completed by FDOT
Box 19 Processed by - First and last name of person processing the Notification
Box 20 Date Processed - Date processing is completed
16813
CONTRACTOR'S AFFIDAVIT
VEHICLE REGISTRATION
7(,}.,)I('.Sl
(':Oll~Tn!jr~'ll(~'1
Q.:,'('I
~TI~lF. ';'f F( OJ:::ir"'.[.:''''.f-J;:TMEI.n 'iF TRJlJl$P'':PTA11(,:-j
State: Florida
County: Lee
BEFORE ME, this day personally appeared Dale F. Hannula, Hannula Landscaping Alld Irrigation, Inc,
(Contractor's Name)
who says that all of the vehicles operated or caused to be operated by said Contractor, are registered in the State of Florida! in
accordance with Section 320.
CJA~
Ca'ltract<X"s SIgnature
TYPED NAME: Dale F. Hannula
POSITION: President
COMPANY NAME: Hannula Li.ndgcapin6 & Irrigation, Inc~
COMPANY ADDRESS: 28131 Quails Nest Lane
Bonita Springs, Florida 34135
- -- ~~:Stare,9fFforida-
County: Lee
Sworn to and subscribed before me this 5th day
of November ,2008 by Dale F. Hannula
(Print name of person signfng certification)
,,"
lR~-..-
a
Notary PubJlc
.Jv,-..IE 7, .:l 0 I
,
Commission Expires
Personally Knovvn V OR Produced Identification
Type of Identification Produced I--J I A-
",;~:)!11l11'J~~~ ANNETTE M. CARBARY
'D1il"\ NOIary PUCUC . SI.t. of Ffoilda
;' : 'f MyCommlulonEIljllreeJUll 7, 2011
\~.. W'lf.l Ccmm~.lon . DD 683393
~,;;OIl'f\:"" iD_"'~",
"tllll'" UVIN1l111~NItionaI~Aan.
TO BE COMPLETED BY DOT PERSONNEL
BUDGET ITEM NUMBER:
FIN PROJECT NUMBER:
CONTRACT NUMBER:
16813
STATE OF FLORIDA DEPARTMENT of TRANSPORTATION
CONSTRUCTION CONTRACTORS
BID OPPORTUNITY LIST
215{13O-10
EQUAL OPPORTUNITY OFFICE
02/08
Please complete and mail or fax to:
Equal Opportunity Office
605 Suwannee St., MS 65
Tallahassee, FL 32399-0450
TELEPHONE: (850) 414-4747
FAX: (850) 414-4879
This information may also be included in your bid or proposal package.
Prime Contractor/Consultant: Hannula landscaoina And Irriaation. Inc.
AddresslTelephone Number: 28131 Qualls Nest lane Bonita Sorinas. Fl 34135 (239) 992-2210
Bid/Proposal Number: Bid # 09-5140
Quote Submitted MMNR: November 5111. 2008
49 CFR Part 26.11 requires the Florida Department of Transportation to develop and maintain a "bid opportunity list." The
list Is Intended to be a listing of all firms that are participating, or attempting to partiCipate, on DOT-assisted contracts. The
list must include all firms that bid on prime contracts, or bid or quote subcontracts and materials supplies on DOT -assisted
projects, including both DBEs and non-DBEs. For consuJling companies this list must Include all subconsultants
contacting you and expressing an interest in teaming with you on a specific DOT assisted project. Prime contractors and
consultants must provide Information for Nos.1, 2, 3 and 4 and should provide any Information they have available on
Numbers 5, 6, 7, and 8 for themselves, and their subcontractors and subconsultants.
1. Federal Tax 10 Number: 650375795 6. ~ DBE 8. Annual Gross Receipts
2,,, -EirmN.am~:,Hannulalandscaojno ,& Irr- '. ' "Non,DBE u ,_ 0 LessJI]..n $tmiJIiO!l__, ""
3. Phone:' ioallon: Inc.' 1239\ 992-2210 ' 0 ' Between $1. $5i1iillion-
4. Address: 28131 Quails Nest lane ~ Between $5 - $10 million
Bonita Sorinos. Florida 34135 7. (8J Subcontractor Between $10 - $15 million
o Subconsultant 0 More than $15 million
5. Year Firm Established: 1992
1. Federal Tax ID Number: 6. 0 DBE 8. Annual Gross Receipts
2. Firm Name: 0 Non-DBE 0 less than $1 million
3. Phone: 0 Between $1 - $5 million
4. Address: 0 Between $5 - $10 million
7. 0 Subcontractor 0 Between $10 - $15 million
o Subconsultant 0 More than $15 million
5. Year Firm Established:
1. Federal Tax ID Number:
2. Firm Name:
3. Phone:
4. AddreSS:
6. 0 DBE
o Non-DBE
8. Annual Gross Receipts
o less than $1 million
o Between $1 - $5 million
o Between $5 - $10 million
o Between $10 - $15 million
o More than $15 million
7. 0 Subcontractor
o Subconsultant
5. Year Firm Established:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
CONSTRUCTION CONTRACTORS
BID OPPORTUNITY LIST
1. Federal Tax 10 Number:
2. Firm Name:
3. Phone:
4. Address:
5. Year Firm Established:
1. Federal Tax 10 Number:
2. Firm Nama:
3. Phone:
4. Address:
5. Year Firm Established:
1. Federal Tax 10 Number:
2. Firm Name:
3. Phone:
4. Address:
5.-Year Firm Established:
1. Federal Tax 10 Number:
2. Firm Name:
3. Phone:
4. Address:
5. Year Firm Established:
1. Federal Tax ID Number:
2. Firm Name:
3. Phone:
4. Address:
5. Year Firm Established:
6. 0 DBE
o Non-DBE
7. 0 Subcontractor
o Subconsultant
6. 0 DBE
o Non-DBE
7. 0 Subcontractor
o Subconsultant
6. 0 DBE
o Non-DBE
7. 0 Subcontractor
o Subconsultant
6. 0 DBE
o Non-DBE
7. 0 Subcontractor
o Subconsultant
6. 0 DBE
o Non-DBE
7. 0 Subcontractor
o Subconsultant
16 B 121,.
EQUAL. OPPORTUNnY OffiCE
02100
8. Annual Gross Receipts
o Less than $1 million
o Between $1 - $5 million
o Between $5 - $10 million
o Between$10-$16million
o More than $16 million
8. Annual Gross Receipts
8 Less than $1 million
Between $1 - $5 million
o Between $5 - $10 million
o Between $10-$15 million
o More than $15 million
8. Annual Gross Receipts
o Less than $1 million
8 Between $1 - $6 million
Between $5 - $10 million
o Between $10 - $16 million
o More than $15 million
8. Annual Gross Receipts
o Less than $1 million
o Between $1 - $5 million
o Between $5 - $10 million
o Between $10 - $15 million
o More than $15 million
8. Annual Gross Receipts
o Less than $1 million
8 Between $1 - $5 million
Between $6 - $10 million
o Between $10 - $15 million
o More than $15 millIon
STATE OF FlORlOA DEPAATMENT OF TRANSPORTATION
CONSTRUCTION CONTRACTORS
BID OPPORTUNITY LIST
6. 0 DBE
o Non-DBE
1. Federal Tax 10 Number:
2. Firm Name:
3. Phone:
4. Address:
5. Year Firm Established:
1. Federal Tax 10 Number:
2. Firm Name:
3. Phone:
4. Address:
5. Year Firm Established:
7. 0 Subcontractor
o Subconsultant
6. 0 DBE
o Non-DBE
7. 0 Subcontractor
o Subconsultant
16813
276-030-10
EQUAL OPPORTUNITY OFFICE
02/08
8. Annual Gross Receipts
o Less than $1 million
o Between $1 - $5 million
o Between $5 - $10 million
o Between $10 - $15 million
o More than $15 million
8. Annual Gross Receipts
o Less than $1 million
o Between $1 - $5 million
o Between $5 - $10 million
o Between $10 - $15 million
o More than $15 million
1. Federal Tax ID Number: 6. 0 DBE 8. Annual Gross Receipts
2. Firm Name: 0 Non-DBE 0 Less than $1 million
3. Phone: 0 Between $1 - $5 million
4. Address: 0 Between $5 - $10 million
7. o Subcontractor 0 Between $10 - $15 million
o Subconsultant 0 More than $15 million
5. Year Firm Established:
1. Federal Tax ID Number:
2. Firm Name:
3. Phone:
4. Address:
5. Year Firm Established:
1. Federal Tax ID Number:
2. Firm Name:
3. Phone:
4. Address:
5. Year Firm Established:
6. 0 DBE
o Non-DBE
7. 8 Subcontractor
Subconsultant
6. 0 DBE
o Non-DBE
7. 0 Subcontractor
o Subconsullant
8. Annual Gross Receipts
o Less than $1 million
o Between $1 - $5 million
o Between $5 - $10 million
o Between $10 - $15 million
o More than $15 million
8. Annual Gross Receipts
o Less than $1 million
o Between $1 - $5 million
o Between $5 - $10 million
o Between $10 - $15 million
o More than $15 million
16813
EXHIBIT "P"
DEClARATION OF DEBARMENT
The bidder, in accordance with Section XXIX of the prevailing Collier County
Purchasing Policy, (known as "Debarment and Suspension") shall sign the
appropriate declaration under this exhibit. In doing so, the undersigned hereby
declares that:
Hannula Landscaping And Irrigation, Inc,
Name of Business
1. They are a prospective contractor, vendor, affiliate, or otherwise interested
or affected party as defined under Section XXIX of the Collier County
Purchasing Policy.
2. They are not nor have not been debarred or suspended by any public
entity within the last five (5) years of the date of this submission.
3. Signature of this declaration constitutes a material representation of fact
upon which reliance was placed when this submission was entered and
evaluated. Further, should it subsequently be determined that the
signatory knowingly or unknowingly rendered an erroneous declaration;
the County shall reserve the right to reject the bid offer associated with
"'..thisdiidarationandlorsl./spehdldebarthe bidder/signatory. .,.
4. They shall provide immediate written notice to the person to whom this
proposal is submitted if at any time they learn that its declaration was
erroneous when submitted or has become erroneous by reason of
changed circumstances.
5. Should the proposed agreement be entered into, they shall not knowingly
enter into any subcontract or supplier agreement with a person or entity
who is debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this agreement, unless otherwise authorized by the
Collier County Purchasing/General Services Director.
The bidder shall sign the appropriate declaration below and comply with any
accompanying requirements set forth therein:
(A) I hereby declare that my firm nor its principals is, not presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any public agency.
16813
Name(s} and TItle(s} of Authorized Representative(s}
Hannula Landscaping And Irrigation, Inc.
N e of Business
November 5th, 2008
Date
(B) I am unable to declare that my firm is in compliance with one or more
statements contained within this declaration and I shall attach an
explanation for determination by the Collier County Purchasing Director.
Name(s) and TItle(s} of Authorized Representative(s)
Name of Business
Date
Authorized Slgnature(s}
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16813
Instructions for Form:
The contractor must provide enough information through a Schedule "A" spreadsheet to defermine which pay-ttem(s) are
being sublet, the amounts, and cost. For sublet calculations, the amount will be calculated based on the actual contract
unit price(s) unless there is a partial sublet. For partial sublets. use the unit prices from the actual sub-contract
1) Enterthe Date of the certification of sublet work was prepared.
2) Enter the sequential number of the request starting with number 1.
3) Enter the Federal Aid Project number for the Prime Contractor if any,
4) Enter the Financial Project Identification number of the Contract.
5) Enter the Contract number of the Contract with the Department.
6) Enter the County name where the work is being performed,
7) Enter the Name of the Prime Contractor.
8) Enter the FEID number of the Prime Contractor.
9) Enter the Original Contract dollar amount (round to nearest whole dollar).
10) Enter a "Y" in the space marked Change if any information on the line has changed since the
previous certificalion of sublet work was prepared. Otherwise, leave blank,
11) Enter the Subcontractor names, Enter all the subcontractor(s) regardless of their tier.
12) Enter the tier number for the subcontractor, If the subcontractor works directly for the Prime
Contractor, enter a "1". If he works one level below, enter a ''2'' and so on,
13) Enter the FEID number of the Subcontractor(s).
14) Enter the name of the pertinent Contractor or Subcontractor that hired subcontractor.
15) Enter a short description ofthework to be performed,
16) Enter a "P" if any pay-item for the sublet Is a partial sublet
17) Enter the DBE status for the subcontractor: "0" for DBE, "N" for non-DBE.
18) The Department may require subcontractor to be prequalified with the Department as described
in the Special Provisions and the Bid Solicitation Notice whenever construction projects contain
certain classes of work that require specific expertise.
19) One (1) copy of this form shall be submitted to the District Office by the contractor.
20) To be sianed by principal of the firm or someone with the delegated authority and notarized,
16B13
STATE OF FLORIDA DEPARTh'lENT OF TRANSPORTATION
ANTICIPATED DBE PARTICIPATION STATEMENT
27S-03Q..-11A
EQUAL OPPORTUNITY OFFICE
02108
1. FINANCIAL PROJECT NO. 2. FAP NO. 3. CONTRACT NO. 4. COUNTY(IES) 5. DISTRICT
FM 200732-3 N/A AP177 09-5140 Collier
6. PRIME CONTRACTOR NAME 7. FEID NUMBER
Hannula landscaping And Irrigation, Inc. 650375795
8. CONTRACT DOLLAR AMOUNT 9. REVISION? I!!.Q IF YES. REVISION NUMBER:
-
10. IS THE PRIME CONTRAcrOR A FLORIDA 11. IS THE WORK OF THIS CONTRACT
CERTIFIED "DBE"? (DISADVANTAGED 181 NO CONSTRUCTION 181 OR MAINTENANCE O?
BUSINESS ENTERPRISE) 0 YES
12. ANTICIPATED DBE SUBCONTRACTS:
PERCENT OF
DBE SUBCONTRACTOR or SUPPLIER TYPE OF WORK/SPECIALTY DOLLAR AMOUNT CONTRACT
DOLLARS
A Sue's Safety 6220-2 Topaz Ct. Safety Equipment $500.00 0.OS7.
Fort Myers, Fl 33966
B
c
D
E
f "'" " .11A TOTAlDOlLARS_T~__, : 118 TOTAL PERc.OO OF '_ ,:
DBE'S COHTRACT .._
$500,00 O.OS%
13. SUBMITTED BY 12.0ATE 13. TITLE OF SUBMITTER
Dale F. Hannula 11/5/200 President
8
14. EMAIL ADDRESS OF SUBMITTER 15. FAX NUMBER 16. PHONE NUMBER
dhannula@hannulalandscaplng.com (239) 498-<l918 (239) 992-2210
NOTE: THIS INFORMATION IS USED TO TRACK AND REPORT ANTICIPATED DBE PARTICIPATION IN ALL STATE AND FEDERALLY
FUNDED FOOT CONTRACTS. THE ANTICIPATED DBE AMOUNT IS VOLUNTARY AND WILL NOT BECOME A PART OF THE
CONTRACTUAL TERMS. THIS FORM MUST BE SUBMITTED AT THE PRE CONSTRUCTION OR PRE WORK CONFERENCE. FOOT STAFF
FORWARDS THE FORM TO THE EQUAL OPPORTUNITY OFFICE.
THE FOLLOWING SECTIONS ARE FOR FDOT USE
11 .PROCESSEO BY 16. DATE TO EO OFFICE 19, LETTING OATE 20, EXECUTED DATE 21, PRECON CONF DATE
DIS
T 22.SU8MITTEDTOEO BY 10 FAX 0 EMAll
o SHARED FOLDER
EO I 23 .INCLUDED IN DBE PARTICIPATION REPORT OF IM/DIYI I I --
OFC I I I
16813
CERTIFICATION OF NONSEGREGATED FACILITIES - 41 CFR PART 60-1.8
Notice to Prospective Federallv Assisted Construction Contractors
1. A Certification of Non-segregated Facilities shall be submilled prior to the award of a federally-
assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal
Opportunity Clause.
2. Contractors receiving federally-assisted construction contract awards exceeding $10,000 which
are not exempt from the provisions of the Equal Opportunity Clause will be required to prOVide for the
forwarding of the following notice to prospective subcontractors for supplies and construction contracts
where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity
Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
Notice to Prospective Subcontractors of Reauirements for Certification of Non..seareaated Facilities
1. A Certification of Non-segregated Facilities shall be submitted prior to the award of a subcontract
exceeding $10,000, which is not exempt from the proviSions of the Equal Opportunity Clause.
2. Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the
provisions of the Equal Opportunity Clause will be required to provide for the forwarding of this notice to
prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000
and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making
false statements in offers is prescribed In 18 U.S.C. 1001.
CERTIFICATION OF NONSEGREGATED FACILITIES
The federally-assisted construction contractor/subcontractor certifies that she or he does not
maintain or provide, for his employees, any segregated facilities at any of his establishments and that she or
he does not permit his employees to perform their services at any location, under his control, where
segregated facilities are maintained. The federally-assisted construction contractor/subcontractor certifies
that she or he will not maintain or provide, for his employees, segregated facilities at any of his
establishments and that she or he will not permit his employees to perform' their services at any location
under his control where segregated facilities are maintained. The federally-assisted construction
contractor/subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity
Clause in this contract.
As used in this certification, the term "segregated facilities" means any waiting rooms, work areas,
restrooms, and washrooms, restaurants and olher eating areas, timeclocks, locker rooms and other storage
or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and
housing facilities provided for employees which are segregated by explicit directives or are, In fact,
segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any
other reason. The federally-assisted construction contractor/subcontractor agrees that (except where she
or he has obtained identical certifications from proposed subcontractors for specific time periods) she or he
will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding
$10,000 which are not exempt from the provisions of the Equal Opportunity Clause and that she or he will
rnh certifica~ns in his files.
~~
Signature
Dale F. Hannula
Printed Name
Hannula Landscaping And irrigation. Inc.
Firm Name
912008
Form C.OO4
16813
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
("Owner") hereby contracts with Hannula Landscaping and Irrigation, Inc.
("Contractor") of 28131 Quails Nest Lane, Bonita Springs, Florida 34135, a Florida
corporation, authorized to do business in the State of Florida, to perform all work
("Work") in connection with 1-75 At Golden Gate Parkway Landscape Improvements,
Bid No. 09-5140 ("Project"), as said Work is set forth in the Plans and Specifications
prepared by McGee & Associates, the Engineer and/or Architect of Record ("Design
Professional") and other Contract Documents hereafter specified. Owner and
Contractor, for the consideration herein set forth, agree as follows:
Section 1. Contract Documents.
A. The Contract Docurnents consist of this Agreement, the Exhibits described in
Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly
executed and issued addenda, Change Orders, Work Directive Changes, Field Orders
and amendments relating thereto. All of the foregoing Contract Documents are
incorporated by reference and made a part of this Agreement (all of said documents
including the Agreement sometimes being referred to herein as the "Contract
Documents" and sometimes as the "Agreement" and sornetimes as the "Contract"). A
copy of the Contract Documents shall be maintained by Contractor at the Project site at
all times during the performance of the Work.
B. Owner shall furnish to the Contractor one reproducible set of the Contract
Documents and the appropriate number of sets of the Construction Documents, signed
and sealed by the Design Professional, as are reasonably necessary for permitting.
Section 2. Scope of Work.
Contractor agrees to furnish and pay for all management, supervision, financing, labor,
materials, tools, fuel, supplies, utilities, equipment and services of every kind and type
necessary to diligently, timely, and fully perform and cornplete in a good and
workmanlike manner the Work required by the Contract Documents.
Section 3. Contract Amount.
In consideration of the faithful performance by Contractor of the covenants in this
Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or
cause to be paid, to Contractor the following amount (herein "Contract Amount"), in
accordance with the terms of this Agreement: ninety seven thousand, nine hundred
ninety five dollars and seventy five cents ($97,995.75)
GC-CA- 13
16B13
Section 4. Bonds.
A. Contractor shall provide Performance and Payment Bonds, in the forrn
prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of
which are to be paid by Contractor. The Performance and Payment Bonds shall be
underwritten by a surety authorized to do business in the State of Florida and otherwise
acceptable to Owner; provided, however, the surety shall meet the requirements of the
Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority
as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies"
circular. This circular rnay be accessed via the web at
www.fms.treas.gov/c570/c570.html#certified. Should the Contract Amount be less than
$500,000, the requirements of Section 287.0935, F.S. shall govern the rating and
classification of the surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business is terminated in the State of Florida, or it ceases to
meet the requirements imposed by the Contract Documents, the Contractor shall, within
five (5) calendar days thereafter, substitute at its cost and expense another bond and
surety, both of which shall be subject to the Owner's approval.
Section 5. Contract Time and liquidated Damaqes.
A. Time of Performance.
Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the written Notice to Proceed to be
issued by the Project Manager, as hereinafter defined. Contractor shall commence the
Work within five (5) calendar days from the Commencement Date. No Work shall be
performed at the Project site prior to the Commencement Date. Any Work performed by
Contractor prior to the Cornmencement Date shall be at the sole risk of Contractor.
Contractor shall achieve Substantial Cornpletion within forty five (45) calendar days
from the Cornmencement Date (herein "Contract Time"). The date of Substantial
Cornpletion of the Work (or designated portions thereof) is the date certified by the
Design Professional when construction is sufficiently complete, in accordance with the
Contract Documents, so Owner can occupy or utilize the Work (or designated portions
thereof) for the use for which it is intended. Contractor shall achieve Final Cornpletion
within fifteen (15) calendar days after the date of Substantial Cornpletion. Final
Completion shall occur when the Agreement is completed in its entirety, is accepted by
the Owner as cornplete and is so stated by the Owner as completed. As used herein
and throughout the Contract Documents, the phrase "Project Manager" refers to the
Owner's duly authorized representative and shall mean the Division Administrator or
Department Director, as applicable, acting directly or through duly authorized
representatives.
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement,
Owner will suffer financial loss if Contractor fails to achieve Substantial Completion
GC-CA- 14
16813
within the time specified above, as said time may be adjusted as provided for herein. In
such event, the total amount of Owner's darnages, will be difficult, if not impossible, to
definitely ascertain and quantify. Should Contractor fail to achieve Substantial
Completion within the number of calendar days established herein, Owner shall be
entitled to assess, as liquidated damages, but not as a penalty, five hundred and
eighty dollars ($580.00) for each calendar day thereafter until Substantial Completion
is achieved. Further, in the event Substantial Cornpletion is reached, but the Contractor
fails to reach Final Completion within the required time period, Owner shall also be
entitled to assess and Contractor shall be liable for all actual damages incurred by
Owner as a result of Contractor failing to timely achieve Final Completion. The Project
shall be deemed to be substantially completed on the date the Project Manager (or at
his/her direction, the Design Professional) issues a Certificate of Substantial Completion
pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any
right which it may have to seek to characterize the above noted liquidated damages as
a penalty, which the parties agree represents a fair and reasonable estimate of the
Owner's actual damages at the time of contracting if Contractor fails to Substantially or
Finally Complete the Work within the required time periods.
C. Computation of Time Periods.
When any period of time is referenced by days herein, it shall be computed to exclude
the first day and include the last day of such period. If the last day of any such period
falls on a Saturday or Sunday or on a day made a legal holiday by the law of the
applicable jurisdiction, such day shall be omitted from the computation, and the last day
shall become the next succeeding day which is not a Saturday, Sunday or legal holiday.
D. Deterrnination of Number of Days of Default.
For all contracts, regardless of whether the Contract Tirne is stipulated in calendar days
or working days, the Owner will count default days in calendar days.
E. Right of Collection.
The Owner has the right to apply any amounts due Contractor under this Agreement or
any other agreement between Owner and Contractor, as payment on such liquidated
damages due under this Agreement in Owner's sole discretion. Notwithstanding
anything herein to the contrary, Owner retains its right to liquidated damages due under
this Agreement even if Contractor, at Owner's election and in its sole discretion, is
allowed to continue and to finish the Work, or any part of it, after the expiration of the
Contract Time including granted tirne extensions.
F. Completion of Work by Owner.
In the event Contractor defaults on any of its obligations under the Agreernent and
Owner elects to complete the Work, in whole or in part, through another contractor or its
own forces, the Contractor and its surety shall continue to be liable for the liquidated
damages under the Agreement until Owner achieves Substantial and Final Completion
of the Work. Owner will not charge liquidated damages for any delay in achieving
Substantial or Final Completion as a result of any unreasonable action or delay on the
part of the Owner.
GC-CA- 15
16B13
G. Final Acceptance by Owner.
The Owner shall consider the Agreement complete when the Contractor has completed
in its entirety all of the Work and the Owner has accepted all of the Work and notified
the Contractor in writing that the Work is complete. Once the Owner has approved and
accepted the Work, Contractor shall be entitled to final payment in accordance with the
terms of the Contract Documents.
H. Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extent Owner incurs damages from a third
party as a result of Contractor's failure to fulfill all of its obligations under the Contract
Documents. Owner's recovery of any delay related darnages under this Agreement
through the liquidated damages does not preclude Owner from recovering from
Contractor any other non-delay related damages that may be owed to it arising out of or
relating to this Agreement.
Section 6. Exhibits Incorporated.
The following documents are expressly agreed to be incorporated by reference and
made a part of this Agreement.
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Exhibit J:
Exhibit K:
Exhibit L:
Exhibit M:
Exhibit N:
Performance and Payment Bond Forms
Insurance Requirements
Release and Affidavit Form
Contractor Application for Payment Form
Change Order Form
Certificate of Substantial Completion Forrn
Final Payment Checklist
General Terms and Conditions
Supplemental Terms and Conditions (LAP FUNDEDRRQJECT)
Technical Specifications
Permits
Standard Details (if applicable)
Plans and Specifications prepared by McGee & Associates
and identified as follows: 1-75 At Golden Gate Parkway
Landscape Improvements as shown on Plan Sheets 1 - 30.
Contractor's List of Key Personnel
Section 7. Notices
A. All notices required or made pursuant to this Agreernent by the Contractor to the
Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or
Facsimile, addressed to the following:
Pam Lulich, Project Manager
Alternative Transportation Modes Department
2885 5. Horseshoe Drive
Naples, Florida 34104
(239) 252-6291
GC-CA- 16
16813
B. All notices required or made pursuant to this Agreement by Owner to Contractor
shall be rnade in writing and shall be deemed duly served if delivered by U.S. Mail, E-
mail or Facsimile, addressed to the following:
Dale F. Hannula
Hannula Landscaping And Irrigation, Inc.
28131 Quails Nest Lane
Bonita Springs, Florida 34135
(239) 992-2210
FAX: (239) 498-6818
C. Either party may change its above noted address by giving written notice to the
other party in accordance with the requirements of this Section.
Section 8. PUBLIC ENTITY CRIMES.
8.1 By its execution of this Contract, Construction Contractor acknowledges that it
has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida
Statutes which read as follows:
"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 provide any goods or services to a public entity for the
construction or repair of a public building or public work, rnay 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 any public entity in excess of the threshold amount provided in
s. 287.017 for CATEGORY TWO for a period of 36 months frorn the date of
being placed on the convicted vendor list."
Section 9. Modification.
No rnodification or change to the 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.
Section 10. Successors and Assiqns.
Subject to other provisions hereof, the Agreement shall be binding upon and shall inure
to the benefit of the successors and assigns of the parties to the Agreement.
Section 11. Governinq Law.
The Agreement shall be interpreted under and its perforrnance governed by the laws of
the State of Florida.
GC-CA- 17
16813
Section 12. No Waiver.
The failure of the Owner to enforce at any time or for any period of time anyone or
more of the provisions of the Agreement shall not be construed to be and shall not be a
waiver of any such provision or provisions or of its right thereafter to enforce each and
every such provision.
Section 13. Entire Aareement.
Each of the parties hereto agrees and represents that the Agreement comprises the full
and entire agreement between the parties affecting the Work contemplated, and no
other agreement or understanding of any nature concerning the same has been entered
into or will be recognized, and that all negotiations, acts, work perforrned, or payments
made prior to the execution hereof shall be deemed merged in, integrated and
superseded by the Agreement.
Section 14. Severability.
Should any provision of the Agreement be determined by a court to be unenforceable,
such a determination shall not affect the validity or enforceability of any other section or
part thereof.
Section 15. ChanQe Order Authorization.
The Project Manager shall have the authority on behalf of the Owner to execute all
Change Orders and Work Directive Changes to the Agreement to the extent provided
for under the Owner's Purchasing Policy and accompanying administrative procedures.
Section 16. Construction.
Any doubtful or ambiguous language contained in this Agreement shall not be
construed against the party who physically prepared this Agreement. The rule
sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in
a contractual term which appears on its face to have been inserted for the benefit of one
of the parties shall be construed against the benefited party) shall not be applied to the
construction of this Agreement.
Section 17. Order of Precedence
In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Construction Agreement and the General Terms and
Conditions shall take precedence over the terms of all other Contract Documents,
except the terms of any Supplemental Conditions shall take precedence over the
Construction Agreement and the General Terms and Conditions. To the extent any
conflict in the terms of the Contract Documents cannot be resolved by application of the
Supplemental Conditions, if any, or the Construction Agreement and the General Terms
and Conditions, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at Owner's discretion.
GC-CA- 18
16B13
IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s)
indicated below.
CONTRACTOR:
TWO WITNESSES:
d(~~~-..~
FIRST WITNES~_
~~"'~ '(\\ {\'\\. ~ ~ ('" S
~()~~
SEC D WITNESS
~lW- O. ccvfer
Type r1nt Name
By:
Hannula Landscaping And Irrigation,
-fJ~----
D...~ F ~}loN~ ptt(;;U
Type/Print Name and Title
Date: ~ -i '3 '3tI::fl OWNER:
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
.:0;'" ,';. , COLLIER COUNT FLOR A
..', ~ d "
Dwight-E. Brock;C'JerR
~~~~~(,s~~'~~ Q.L.
,tllP4tll" 011 i" ...::;-
Approved Ai3.Tqf,erm
aod Leg" s""{"\",,
Print Name: ~ 11 R ~
Assistant County Attorney
Item# ~
Agenda\l "L~
Date -""-
~:d \13-01
GC-CA- 19
P G
16B13
THE
PRO$UREGROUP
INC,
December 19, 2008
Collier County
3301 Tamiami Trail
Naples, FL 34II2
Contractor:
Project:
Bond #:
Amount:
Hannula Landscaping and Irrigation, Inc.
1-75 at Golden Gate Parkway Landscape Improvements
08-9348
$97,995.75
Gentlemen:
We have executed the captioned bond(s) on behalf of Hannula Landscaping and Irrigation, Inc.. in favor of
First Sealord Surety, Inc.. Please note that we have not dated the bond(s) or the Power of Attorney. The copy
of the contract we received ~as not dated and as the bond( s) guarantee( s) the contract, they should not be dated
prior to the contract.
Please accept this letter as authorization to date the enclosed Performance and/or Payment bond(s), as well as
the attached Power of Attorney for the captioned project. Please date these items concurrently with the contract
date.
Please do not hesitate to contact our office should you have any questions in this regard. Thank you.
Sincerely,
First Sealord Surety, Inc.
, '1"'\
I' .
,j \ .
!{:._....i ,U.
David l Shick
President
Attorney-In-Fact for Surety
/3-------."
"
,---------.--- _.._----_.._--_._--._.~-----_._.__....._-~-_.-._._---- --_"'--'_--'"'~------_._---,------._-_.__.~_._----------
7217 Benjamin Road, Tampa, FL 33634
813,243,1110 PHONE I 813.243.1109 FAX I contractbonds(fVprOsuregroup.com EMAIL
www.prosuregroup.com
P G
16813
T~H
PROSUREGROUP
INt
This is the ji-ont page of the performance/payment bond
issued in compliance with Florida Statute Chapter 255.05
Bond Number: 08-9348
Surety in which bond's written: First Sealord Sure~, Inc.
Local Address: 4901 Northwest 1711 Way, Ft. Lauderdale, FL 33309
Local Phone Number: (954) 351-0902
Contractor Name: Hannula Landscaping and Irrigation, Inc.
Address: 28131 Quails Nest Lane, Bonita Springs, FL 34135
Phone: (239) 992-2210
Owner Name: Collier County Government
Address: 3301 E. Tamiami Trail, Naples, FL 34112
Phone: ( )
Obligee Name: Same as Owner
Address:
Phone: ( )
Contract Number: 09-5140
Project Description: 1-75 at Golden Gate Parkway Landscape Improvements
Project Address:
Legal description of property: Collier County, FL
This is the front page of the bond. All other pages are subsequent regardless of preprinted numbers.
72 I 7 Benjamin Road, Tampa, FL 33634
813,243, I 110 PHONE! 813,243,1109 fAX I contractbonds@prosuregroup.com [MAli
WWW.pr05uregroup.com
16B13
EXHIBIT A
PUBLIC PAYMENT BOND
1-75 At Golden Gate Parkway Landscape Improvements
Bond No. 08-9348
Contract No. 09-5140
KNOW ALL MEN BY THESE PRESENTS: That
llamrula Landscaping and Irrigation, Inc.
, as Principal,
, as
and First Sealord Surety, Inc.
Surety, located at 4901 Northwest 17th Way, Ft. Lauderdale, FL 33309
(Business Address) are held and firmly bound to Collier County
as Obligee in the sum of Ninety Seven Thousand Nine Hundred Ninety Five and 75/100
($ 97,995.75 ) for the payment whereof we bind ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally..,
WHEREAS, Principal has entered into a contract dated as of the _ day of
2008, with Obligee for 1-75 at Golden Gate Parkway landscape In!Jrovements
in accordance with drawings and specifications, which
contract is incorporated by reference and made a part hereof, and is referred to herein
as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida
Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly
by Principal in the prosecution of the work provided for in the Contract, then this bond is
void; otheiwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any
formalities connected with the Contract or the changes do not affect Sureties obligation
under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.05(2). In
no event will the Surety be liable in the aggregate to claimants for more than the penal
sum of this Payment Bond, regardless of the number of suits that may be filed by
claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this
day of 2008, the name of each party being affixed and these presents
duly signed by its under-signed representative, pursuant to authority of its governing
body.
GC-CA-A-1
16813
Signed, sealed and delivered
in the presence of:
PRINCIPAL
~~~~)~
~
' es s 0 Principal
IIanrn1la Landscaping , and IrrigatiOll, Inc.
BY:
NAME:
ITS:
(~~,-A41~:" ,i--
UC',",- F ltc,,,.'.!.,,!,,}
I\",.J,,* .______
My Commission Expires:
STATE OF -=nOY\Ja.
COUNTY OF ---1 RP
-
The foregoin 'nstrum (was - cknowleClged-before m~this~day oflX{'01V1.Jbr -
20 ,by. ,as~ of
, , corporation, on behalf of the
'i known to me R has produced as
(s~Y:.m~
~ 1). (a0er
(Legibly Printed)
~
(
~ Not. ry PUb, 110 State of Florida
~ Gina 0 Carter
;.;:. j My Commission DD775416
"";0 ~# Expires 04/22/2012
(' ~~,
~
NAME:
(AFFIX OFFICIAL SEAL)
Notary Public, State of -.If~
Commission No,: J)D')?S'\.tI~
Sl!JRETY:
, ATTEST:
First Sealord Stn:'ety, Inc.
(Printed Name)
4901 Northwest 17th Way
Ft. lauderdale, FL 33309
(Business Address
(Authorized Signature)
Witnesses to Surety
(Printed Name)
GC-CA-A-2
OR
16813
~
As Attorney in Fact
(Attach Power of Attorney)
/ -7 ,/.4
?/~;A(' >?~~~_
'-----------Witnesses _.'
~--
David B. Shick
~'--:..
n___. __:::-,
(Printed Name)
7217 Benj anrln Road
Tampa, FL 33634
(Business Address)
(813) 243-1110
(Telephone Number)
STATE OF Florida
COUNTY OF Hillsborough
The foregoing instrument was
DeceniJer , 2008, by
Attornev- In-Fact
Surety, on behalf of Surety,
N/A
take an oath.
acknowledged before me this 19th
David B. Shick
of .First Sealord Stn:'ety, Inc.
He/She is personally known to me OR has produced
. as identification and who did (did not)
{S~~~=o'i'.;
; ~'1i>U ," _, ", J
O....q~;s;..L_ H;,:h_, Jennifer Dix
Name: Holly J fI.._ ,lQ-X My Com,""Slo" OD519024
(Legibly Prit~t ,~o ...". cx~r.f)s ",". .
day of
, as
My Commission Expires:
(AFFIX OFFICIAL SEAL)
Notary Public, State of:
Commission No,:
GC-CA-A-3
16813
EXHIBIT A
PUBLIC PERFORMANCE BOND
1.75 At Golden Gate Parkway Landscape Improvements
Bond No. 08-9348
Contract No, 09-5140
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal, and
, as
4901 Northwest 17th Way, Ft. lauderdale, FL 33309
(Business Address) are held
Collier County
Ninety Seven Thousand Nine Hundred Ninetv Five and 7st100
($ 97,995.75 ) for the payment whereof we bond ourselves,.our heirs, executors,.
personal representatives, successors and assigns, jointly and severally.
IIanrn1la UmdscaDiru< and Irr; fiIl'-; on
First Sealord Sln:'ety, Inc.
Surety, located .
Tn.....
at
and
firmly bound to
, as Obligee in the sum of
Obligee
day of
for
WHEREAS, Principal has entered into a contract dated as of the
2008, with
1-75 at Golden Gate Parkway Umdscaoe TlIIDT'OVl'!lIlfts
in accordance with drawings and specifications, which contract is incorporated by
reference and made a part hereof, and is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract;
and
2. Pays Obligee any and all losses, damages, costs and attorneys' fees that
Obligee sustains because of any default by Principal under the Contract, including, but
not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and
3. Performs the guarantee of all work and materials furnished under the Contract for
the time specified in the Contract, then this bond is void; otherwise it remains in full
force: Any changes in or under the Contract and compliance or noncompliance with
any formalities connected with the Contract or the changes do not affect Sureties
obligation under this Bond,
The Surety, for value received, hereby stipulates and agrees that no changes,
extensions of time, alterations or additions to the terms of the Contract or other work to
be performed hereunder, or the specifications referred to therein shall in anywise affect
its obligations under this bond, and it does hereby waive notice of any such changes,
extensions of time, alterations or additions to the terms of the Contract or to work or to
the specifications,
This instrument shall be construed in all respects as a common law bond, It is
expressly understood that the time provisions and statute of limitations under Section
255,05, Florida Statutes, shall not apply to this bond,
GC-CA-A-4
16813
In no event will the Surety be liable in the aggregate to Obligee for more than the penal
sum of this Performance Bond regardless of the number of suits that may be filed by
Obligee.
IN WITNESS WHEREOF, the above parties have executed this instrument this .
day of , 2008, the name of each party being affixed and these
presents duly signed by its undersigned representative, pursuant to authority of its
governing body,
Signed, sealed and delivered
in the presence of:
PRINCIPAL
Hannula Landscaping and Irrigation, Inc.
I3Y:.(~),<Jt ~;, c_ .",/~~
NAME:
ITS:
j),,~ F r~v/v" f~
(\CC~l Jhl/
STATE OF. TI~
COUNTY OF~
The foregoing instrument
~~~' 2008, by of
~<;YtAt\ corporation, on behalf of the corpora on,
~ally known to ~ OR has produced
as identification and did did not) take an oath,
J).~
this ~ day of
My Commission Expires:
( ~'f .y.. Notary PubliC State of Florida
( ~~t...-.". Gina Dearter
,.. ; MycommiSsionOD77541a
)'\ c: :I Expires 04122/2012 .
o,~ ...
(Sig ature)
Name: b'( (}:;{ 1)_ CArter
(Legibly Printed)
Notary Public, State of: 1l0-
Commission No.:'i)D")~
(AFFIX OFFICIAL SEAL)
GC-CA-A-5
16813
ATTEST:
SURETY:
First Sealord Surety, Inc.
(Printed Name)
4901 Northwest 17th Way
- Ft. Lauderdale, FL 33309
(Business Address)
(Authorized Signature)
Witnesses a!l to Surety
(Printed Name)
OR
/~ .' ../
~~ '. ~:-f/ %~<_
,/Witnesses . ... ..-' -,,=
As Attorney in Fact
(Attach Power of Attorney)
David B. Shick
(Printed Name)
/..---------------- -
---'
7217 Benjamin Road
Tampa, FL 33634
(Business Address)
(813) 243-1110
(Telephone Number)
STATE OF Florida
COUNTY OF Hillsborough
The foregoing instrument was acknowledged before me this 19th day of
My Commission Expires:
, as Attorney-In-Fact
Surety, on
OR has produced
id not) take an oath,
--
Decent>er , 2008, by David B. Shick
of First Sealord Stn:'etv. Inc. , a
behalf of Surety, He/She is personally known
N/ A as identificatio a
Name: Holly Jermifer nix
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
i;~;~\: t>~e~-'--~+~;r~r":()I!- ;:,~~:--7"'~~~~'''jl
Notary, P~b~f.' ~a1e:of::,.~," ......." ",""" I
CommISSIOI\' /Irq-i" ..j...,.",,,... '4(-'" I,
! 'c;,;' ...:('" _ _ !~PIl('S ,-',~i1 ~:2u;'L ~ ",,-~, II
-"'~~""-~
GC-CA-A-6
First Sealord Surety, Inc.
Power of Attorney
Power No: 1-~~8-l~
KNO\,l\l.At,L MEN BY THESE PRESENTS: That First Sealord Surety, Inc., a corporation of the Commonwealth of Pennsylvania, (hereinafter the
"Company') has made, constituted and appointed, and by these presents does make, constitute and appoint
David B. Shick, David R. Turcios andlor Steven Schumacher all of Tampa, Florida
its true and lawful Attorney-in~Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and other instruments of a
similar nature as follows:
.....***.....'" Not To Exceed Five Million Dollarsm.-~__~M_-______m--m---($5,OOO,OOO.OO) *****.****
Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney-in-Fact, shall be
binding upon the said Corporation as fully and to the same extent as if signed by the duly authorized officers of the Corporation and sealed with its
corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed.
This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Corporation on April?, 2003
with all Amendments thereto and are still in full force and effect:
"Article XII: Policies, Bonds, Recognitions, Stipulations, Consents of Surety, Underwriting Undertakings, and Instruments Relating Thereto.
Section 12-1. Insurance policies, bonds, recognitions, stipulations, consents of surety and underwriting undertakings of the Corporation, and releases,
agreements and other writings retating in any way thereto or to any claim or loss thereunder, shall be signed in the name ahd on behalf of tM
Corporation: a) by the Chairman of the Board, the President or a Vice President, and by the Secretary oran Assistant Secretary; or b) by anAttorney~
in-Fact for the Corporation appointed and authorized by the Chairman of the Board, the President, or a Vice President to make such signature.; or c) by
such other officers or representatives as the Board may from time to time determine. The seal of the Corporation shall if appropriate be affixed thereto by
any such officer, Attorney-in-Fact or representative. The authority of such Attorney-in-Fact and Agents shall be as prescribed in the instrument
evldencing their appointmerlt. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any
person empowered to make.such appointment."
IN WITNESS WHEREOF, First Sea lord Surety, Ine,
attested this 20th day of January, 2004,
..".;-
/.-8~D ;;-;.....
~:-~";.\
f0-re"',\" ,
" \...l_~ .~Ld
(seal)~~~~l Attest
~M"\\""
has caused these presents to be duly signed and its corporate seal to be hereunto affixed and duly
First Sealord Surety, Inc.
~c~
./
Gary L. Bragg, Secretary
By:
~-
J . p .
oel D. Cooperman, VIce reSident
Commonwealth of Pennsylvania
County of Montgomery
On this 20th day of January, 2004, before me personally appeared Joel D. Cooperman, Vice President of First Sealord Surety, Inc., with whom I am
personally acquainted, who, being by me duly sworn, said that he resides in the Commonwealth of Pennsylvania, that he is Vice President of First
Sea lord Surety, Inc., the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said
Corporation; that the seal affixed to said instrument is such corporate seal; that it was so a.ffixed by order of the Board of Directors of said Corporation;
and that he ed his name thereto as Vice President of said Corporation by like authority. COM NW OF P V
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~.~,~ ~_ J --::/ AnlhonyT.-..,NoIoIyPulilc
(Seal) ~(e OJ ~)~ ..\~. /' 11,'7 - Notary Public lowerMertonTwp..~lIQut"..yCouJ1y
\~ i'i. t.Iy~l!lqlIrooAug.5,1lO10
~;..~:;;.~~/ CERTIFICATE Member. PwlM4ylvtnfa AuociItMlnOf NotarIM
I, the undersr~.ti'ed Secretary of First Sealord Surety, Inc. do hereby certify that the original Power of Attorney of which the foregoing is a full, true and
correct copy, Is in full force and effect on the date of this Certificate and I do further certify that the Officer who executed the said Power of Attorney was
one of the Officers authorized by the Board of Directors to appoint an Attorney-in-Fact as provided in Section 12~1 of the By-Laws of First Sealord
Surety, Inc. This Certificate may be signed and sealed by facsimile under and by authority of the following provisions of the By~Laws of First Sea lord
Surety, Inc.:
"Section 12-2. The use of a printed facsimile of the corporate seal of the Corporation and of the signature of the Secretary or an Assistant Secretary on
any certification of the correctness of a copy of an instrument executed by an authorized person pursuant to Article Xli, Section 12-1 of the By~Laws
appointing and authorizing an Attorney~in-Fact to sign in the name and on behalf of the Corporation surety bonds, underwriting undertakings, or other
instruments described in said Section 12-1, WIth like effect as if such seal and such signature had been manually affixed and made."
In Witness Whereof, I have' hereunto set my hand and affixed the corporate seal of the Corporation to these presents
this _ day of
.20_
08-9348
This power of attorney is void unless the Bond number is inserted in this plragraph (insert Bond # here ), the bond
number is the same number as on the original bond, d the bonr! niJmber has b~en inserted by an officer or employee of the Company or by the agent
(seal)
l-"irsl_Sealnrd 5urctyJ'OAdnc (I:d. UI/20/20(4)
Clienl#: 33375 HANLA1 13
ACORDm CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIODIYYYY)
01/09/09
PRODUCER THIS CERTIFICATE IS ISSUED AS A MA TIER OF INFORMATION
Gulfshore Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
4100 Goodiette Road North ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Naples, FL 34103 -3303
239261-3646 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: FCCllnsurance Company
Hannula Landscaping & Irrigation, Inc. INSURER B:
28131 Qualls Nest Lane INSURER c:
Bonita Springs, FL 34135-6930 INSURER O.
INSURER E:
168
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I'~ =: TYPE OF tNSURANCE POUCY HUIEER ~}~S~ EFFECTIVE P~~'f:{~:h~re" LIMITS
A ~NERAL LIABILITY GLOO067391 01/13/09 01/13/10 EACH OCCURRENCE '1 000 000
X COMMERCiAl GENERAL LIABILITY DAMAGE TO RENTED .100 000
I CLAIMS MADE [!] OCCUR MED EXP (Anyone person) .5000
L PO Ded:1.000 PERSONAl & ADV INJURY $1 000000
- GENERAL AGGREGATE $2 000 000
~'l AGG~Y~~E IlIM1T APrlS :ER: PRODUCTS - COMP/OP AGG $2 000 000
POlICY ~:;'i?T LOC
A ~OMOBIL.E LIABILITY CA00100451 01/13/09 01/13/10 COMBINED SINGLE LIMIT
1L ANY AUTO (Eaaccident) '1,000,000
- AlL OWNED AUTOS BODILY INJURY
(Per person) .
X SCHEDULED AUTOS
HIRED AUTOS BODILY INJURY
~ (P9raccidenl) $
~ NON-OWNED AUTOS
- PROPERTY DAMAGE $
(Peraccidenl)
:=rGE LIAB'UTY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY' AGG $
A EXCESSAIMBRElLA UABILITY UMB00062121 01/13/09 01/13/10 EACH OCCURRENCE $3 000 000
~~CUR 0 CLAIMS MADE AGGREGATE $3 000 000
.
~ ~EDUCTIBLE $
X RETENTION . 10000 .
A WORKERS COMPENSATION AND 001WC08A40029 01/01/09 01/01/10 X I T~~.;;;r~;.~~ I IOJ~'
EMPLOYERS LIABILITY $500,000
ANY PROPRIETORlPARTNERlEXECUTIVE E.L EACH ACCIDENT
OFFICERlMEMBER EXCLUDED? E.l. DISEASE - EA EMPLOYEE .500 000
If yes, describe under $500 000
SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT
OlliER
DESCRJPTtON OF OPERATIONS I LOCATIONS I VEHICLES f EXCLUSIONS ADDEO BY ENDORSEMENT f SPECIAL PROVISIONS
Re: 1.75@ Golden Gate Pkwy, Landscape ImprovementCollier County is Named
as Additional
Insured with Respects to General Liability per CG2033 0704, '30 days
notice of cancellation, except 10 days for nonpayment.
(See Attached Descriptions)
CERTIFICATE HOLDER
CANCELLATION
Collier County
3301 Tamiami Trail E.
Naples, FL 34112
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOf, THE ISSUtNG INSURER WILL ENDEAVOR TO MAIL --30.- DAYS WRITTEN
NOTICE TO lliE CERTIFICATE HOlDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY Of ANY KIND UPON THE INSURER,ITS AGENTS OR
ACORD 25 (2001/08) 1 of 3
#53476131M347612
CAH
<il ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy. certain policies may
require an endorsement A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-5 (2001/08) 2 of 3
#S3476131M347612
AMS 25,3 (2001108)
3 013
DESCRIPTIONS (Continued from Page 1)
#S347613/M347612
16813
EXHIBIT B
INSURANCE REQUIREMENTS
(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. If Contractor has any self-insured retentions or deductibles under any of the below listed
minimum required coverages, Contractor must identify on the Certificate of Insurance the nature and
amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial
responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole
responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits specified
herein or required by law, whichever is greater.
(3) Coverage's 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 and in the form set forth in
Attachment I to this Exhibit B shall be filed with the Owner within ten (10) calendar days after Notice
of Award is received by Contractor evidencing the fact that Contractor has acquired and put in place
the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of
all insurance policies required shall be provided to Owner, on a timely basis, if requested by Owner.
(5) The Contractor and/or its insurance carrier shall provide 30 days written notice to the Owner of
policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. Contractor
shall also notify Owner, in a like manner, within twenty-four (24) hours after receipt, of any notices of
expiration, cancellation, non-renewal or material change in coverages or limits received by Contractor
from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor
hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full
extent permitted under such policy.
(6) All insurance coverage's of the Contractor shall be primary to any insurance or self insurance
program carried by the Owner applicable to this Project
(7) 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
(8) Contractor shall require each of its Subcontractors to procure and maintain, until the
completion of the subcontractors 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.
(9) Should at any time the Contractor not maintain the insurance coverage's required herein, the
Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such
GC,CA,B-1
16813
coverage's and charge the Contractor for such coverage's purchased, If Contractor fails to reimburse
Owner for such costs within thirty (30) days after demand, Owner has the right to offset these costs
from any amount due Contractor under this Agreement or any other agreement between Owner and
Contractor. The Owner shall be under no obligation to purchase such insurance, nor shall it be
responsible for the coverage's purchased or the insurance company or companies used. The
decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a
waiver of any of its rights under the Contract Documents.
(10) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion
of the Work or termination of the Agreement, the Contractor shall furnish to the Owner, renewal or
replacement Certificate(s) of Insurance not later than ten (10) calendar days after the date of their
expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be
considered justification for the Owner to terminate the Agreement
(11) All insurance policies required by this Agreement shall include the following provisions and
conditions by endorsement to the policies:
11.1 All insurance policies, other than the Business Automobile and Workers Compensation
policies, provided by Contractor to meet the requirements of this Agreement shall name
Collier County, Florida, as an additional insured as to the operations of Contractor under
this Agreement and shall contain a severability of interests provisions.
11.2. Companies issuing the insurance policy or policies shall have no recourse against
Owner for payment of premiums or assessments for any deductibles which all are at the
sole responsibility and risk of Contractor.
11.3. All insurance coverages of Contractor shall be primary to any insurance or self-
insurance program carried by Owner applicable to this Project, and the "Other
Insurance" provisions of any policies obtained by Contractor shall not apply to any
insurance or self-insurance program carried by Owner applicable to this Project
11 A. The Certificates of Insurance, which are to be provided on the form set forth in
Attachment I to this Exhibit S, must identify the specific Project name, as well as the site
location and address (if any).
11.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be
construed in accordance with the laws of the State of Florida.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? [2J Yes 0 No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
Contractor during the term of this Agreement for all employees engaged in the work under this
Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall
not be less than:
a. Worker's Compensation - Florida Statutory Requirements
GC-CA-B-2
16813
b. Employers' Liability
X $1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights 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.
o Applicable [2':J Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the
work.
o Applicable [2':J Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? [2':J Yes 0 No
(1) Commercial General Liability Insurance shall be maintained by the Contractor on an
occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage,
Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form
Property Damage including Completed Operations and Products and Completed Operations
Coverage. Limits of Liability shall not be less than the following:
X
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$ 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) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such
coverage shall be primary to any similar coverage carried by the Owner.
(4) Coverage shall be included for explosion, collapse or underground property damage claims.
(5) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the
completion of the work under this Agreement
GC-CA,B-3
16813
D Applicable cgJNot Applicable
(6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if
applicable to the completion of the work under this Agreement
D Applicable cgJ Not Applicable
PROPERTY INSURANCE - BUILDERS RISK
(1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do
business in the State of Florida and in Collier County, property insurance in the amount of the initial
Contract Amount as well as subsequent modifications thereto for the entire Work at the site on a
replacement cost basis without voluntary deductibles. Such property insurance shall be maintained,
unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons
and entities who are beneficiaries of such insurance, until final payment has been made or until no
person or entity other than the Owner has an insurable interest in the property required to be covered,
whichever is earlier. This insurance shall include interests of the Owner, the Contractor,
Subcontractors, Sub-subcontractors and Material Suppliers in the Work.
(2) Property insurance shall be on an all-risk policy form 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 and windstorm insurance will also be purchased.
(3) 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-risk policy described above shall be limited to a maximum of
$5,000 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 or
windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of
$5,000 for each occurrence unless higher deductibles are identified in. Exhibit C of the Contract
Documents.
(4) This property insurance shall cover portions of the Work stored off the site after written
approval of the Owner at the value established in the approval, and also portions of the Work in
transit
(5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and
maintaining boiler and machinery insurance required by the Contract Documents or by law, which
shall specifically cover such insured objects during installation and until final acceptance by the
Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors
and Sub-subcontractors in the Work.
(6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and
any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the
Design Professional, and Design Professional's subconsultants, for damages caused by fire or other
perils to the extent of insurance proceeds actually received by Owner under property insurance
obtained pursuant to this Exhibit or other any property insurance applicable to the Work, except such
GC-CA-B,4
16813
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.
(7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made
payable to the Owner for the insured, as their interests may appear.
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? [8J Yes 0 No
(1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership,
maintenance or use of any owned, non-owned or hired vehicle with limits of not less than:
X Bodily Injury & Property Damage - $ 2,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if
so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability,
and Automobile Liability coverage's and shall include all coverage's on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of any
underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as
primary insurance.
GC-CA,B-5
16 B 13
EXHIBIT C
RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER
STATE OF FLORIDA)
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $ paid,
("Contractor") releases and waives for itself and it's subcontractors,
material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort,
against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the
Agreement between Contractor and Owner dated , 2008 for the period from
to , excluding all retainage withheld and any pending claims or
disputes as expressly specified as follows:
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for
labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a
demand against any payment bond might be filed, have been fully satisfied and paid.
(3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from
all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the
performance by Contractor of the Work covered by this Release and Affidavit
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No.
CONTRACTOR
BY:
ITS:
President
DATE:
Witnesses
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of , 2008, by
I as of , a
corporation, on behalf of the corporation. He/she is personally known to me or has produced
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No.:
GC,CA-C-1
16813
EXHIBIT 0
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER)
Bid No.
Project No.
Application Date
FROM:
(Contractor's Representative) Payment Application No,
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
RE:
(Project Name)
%
%
Original Contract Price: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
Less Retainage $
Less previous payment (s) $
AMOUNT DUE THIS
APPLICATION: $
Original Contract Time:
Revised Contract Time:
Retainage @ 10% thru[insert date] $
Retainage @ _% after [insert date] $
=
Percent Work completed to Date:
Percent Contract Time completed to Date
Liquidated Damages to be Accrued $
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 _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will 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.
By CONTRACTOR: (Contractor's Name)
(Signature) DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional:
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager:
(Signature) DATE:
(Type Name and Title)
GC,CA,D-1
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16813
TO:
Project Name:
Bid No.:
Change Order No.:
Change Order Description
EXHIBIT E
CHANGE ORDER
FROM: Collier County Government
Construction Agreement Dated:
Date:
Original Agreement Amount ........ --... ........... --....... ..... ... "........ --......$
Sum of previous Change Orders Amount ..----------.,,--.----....--------.----$
This Change Order Amount ..__...__.____.____..____.____..______.______.__...____..__$
Revised Agreement Amount. ...... ... ... ........... ........ ...... ... .................. $
Original Contract Time in calendar days
Adjusted number of calendar days due to previous Change Orders
This Change Order adjusted time is
Revised Contract Time in calendar days
Original Notice to Proceed Date
Completion date based on original Contract Time
Rev~edcompreilondare
Contractor's acceptance of this Change Order shall constitute a modification to the Agreement
and will be performed subject to all the same terms and conditions as contained in the
Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the
Agreement shall constitute a full and final settlement of any and all claims of the Contractor
arising out of, or related to, the change set forth herein, including claims for impact and delay
costs.
Prepared by: Date:
Project Manager
Recommended by:
Design Professional
Date:
Accepted by:
Date:
Contractor
Approved by:
Date:
Department Director
Date:
Approved by:
Division Administrator
Approved by:
Date:
Date:
Object Code:
Project
GC-CA-E-5
.lbtl13
EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No
Design Professional's Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof:
To
OWNER
And
To
Substantial Completion is the state in the progress of the Work when the Work (or designated
portion) is sufficiently complete in accordance with the Contract Documents so that the Owner
can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has
been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN
PROFESSIONAL. and that Work is hereby declared to be substantially complete in accordance with the
requirements of the Contract Documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all,inciusive,
and the faiiure to inciude an item in it does not alter the responsibility of CONTRACTOR to complete all
the Work in accordance with the Contract Documents. The items in the tentative list shall be completed
or corrected by CONTRACTOR within days of the above date of Substantial Completion,
GC-CA,F-1
f6 IT!3
The responsibilities between OWNER and CONTRACTOR for security, operation, safety. maintenance,
heat, utilities. insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the
Contract Documents.
Executed by Design Professional on
,2008
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
.2008
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
.2008
OWNER
By:
Type Name and Title
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EXHIBIT G
FINAL PAYMENT CHECKLIST
Bid No.: Project No.: Date:
Contractor:
The following items have been secured by the
for the Project known as
,2008
and have been reviewed and found to comply with the requirements of the Contract Documents,
Original Contract Amount: Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement: Calendar Days.
Actual Date of Substantial Completion:
Final Completion Time as set forth in the Agreement: Calendar Days.
Actual Final Completion Date:
YES NO
1. All Punch List items completed on
2, Warranties and Guarantees assigned to Owner (attach to this form).
3. Effective date of General one year warranty from Contractor is:
4. 2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form),
5. As-Built drawings obtained and dated:
6. Owner personnel trained on system and equipment operation.
7. Certificate of Occupancy No.:
issued on (attach to this form).
8. Certificate of Substantial Completion issued on
9. Final Payment Application and Affidavits received from Contractor on:
10. Consent of Surety received on
11. Operating Department personnel notified Project is in operating phase.
12. All Spare Parts or Special Tools provided to Owner:
13. Finished Floor Elevation Certificate provided to Owner:
14. other:
If any of the above is not applicable. indicate by NIA
explanation.
Acknowledgments:
By Contractor:
If NO is checked for any of the above, attach
(Company Name)
(Signature)
(Typed Name & Title)
By Design
Professional:
(Firm Name)
(Signature)
(Typed Name & Title)
(Department Name)
(Signature)
(Name & Title)
By Owner:
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EXHIBIT H
GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1,1 It is the intent of the Contract Documents to describe a functionally complete
Project (or portion thereof) to be constructed in accordance with the Contract
Documents. Any work, materials or equipment that may reasonably be inferred from
the Contract Documents as being required to produce the intended result shall be
supplied whether or not specifically called for. When words which have a well known
technical or trade meaning are used to describe work, materials or equipment, such
words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals or codes of any technical society, organization or association or
to the laws or regulations of any governmental authority having jurisdiction over the
Project, whether such reference be specific or by implication, shall mean the latest
standard specification, manual, code, law or regulation in effect at the time the Work is
performed, except as may be otherwise specifically stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict,
error or discrepancy in the Contract Documents, Contractor immediately shall report
same to the Project Manager in writing and before proceeding with the Work affected
thereby shall obtain a written interpretation or clarification from the Project Manager;
said interpretation or clarification from the Project Manager may require Contractor to
consult directly with Design Professional or some other third party, as directed by
Project Manager. Contractor shall take field measurements and verify field conditions
and shall carefully compare such field measurements and conditions and other
information known to Contractor with the Contract Documents before commencing any
portion of the Work.
1.3 Drawings are intended to show general arrangements, design and extent of Work
and are not intended to serve as shop drawings. Specifications are separated into
divisions for convenience of reference only and shall not be interpreted as establishing
divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the
event of a discrepancy between or among the drawings, specifications or other Contract
Document provisions, Contractor shall be required to comply with the provision which is
the more restrictive or stringent requirement upon the Contractor, as determined by the
Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws,
fittings, fillers, hardware, accessories, trim and other parts required in connection with
any portion of the Work to make a complete, serviceable, finished and first quality
installation shall be furnished and installed as part of the Work, whether or not called for
by the Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of
satisfying itself concerning the nature and location of the Work and the general and
local conditions, and particularly, but without limitation, with respect to the following:
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those affecting transportation, access, disposal, handling and storage of materials;
availability and quality of labor; water and electric power; availability and condition of
roads; work area; living facilities; climatic conditions and seasons; physical conditions at
the work-site and the project area as a whole; topography and ground surface
conditions; nature and quantity of the surface materials to be encountered; subsurface
conditions; equipment and facilities needed preliminary to and during performance of
the Work; and all other costs associated with such performance. The failure of
Contractor to acquaint itself with any applicable conditions shall not relieve Contractor
from any of its responsibilities to perform under the Contract Documents, nor shall it be
considered the basis for any claim for additional time or compensation.
2.2 Contractor shall locate all existing roadways, railways, drainage facilities and
utility services above, upon, or under the Project site, said roadways, railways, drainage
facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities".
Contractor shall contact the owners of all Utilities to determine the necessity for
relocating or temporarily interrupting any Utilities during the construction of the Project.
Contractor shall schedule and coordinate its Work around any such relocation or
temporary service interruption. Contractor shall be responsible for properly shoring,
supporting and protecting all Utilities at all times during the course of the Work. The
Contractor is responsible for coordinating all other utility work so as to not interfere with
the prosecution of the Work (except those utilities to be coordinated by the Owner as
may be expressly described elsewhere in the Contract Documents).
2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions
are encountered at the Project site which are (i) subsurface or otherwise concealed
physical conditions which differ materially from those indicated in the Contract
Documents or (ii) unknown physical conditions of an unusual nature, which differ
materially from those ordinarily found to exist and generally recognized as inherent in
construction activities of the character provided for in the Contract Documents, and
which reasonably should not have been discovered by Contractor as part of its scope of
site investigative services required pursuant to the terms of the Contract Documents,
then Contractor shall provide Owner with prompt written notice thereof before conditions
are disturbed and in no event later than three (3) calendar days after first observance of
such conditions. Owner and Design Professional shall promptly investigate such
conditions and, if they differ materially and cause an increase or decrease in
Contractor's cost of, or time required for, performance of any part of the Work, Owner
will acknowledge and agree to an equitable adjustment to Contractor's compensation or
time for performance, or both, for such Work, If Owner determines that the conditions at
the site are not materially different from those indicated in the Contract Documents or
not of an unusual nature or should have been discovered by Contractor as part of its
investigative services, and that no change in the terms of the Agreement is justified,
Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in
opposition to such determination by Owner must be made within seven (7) calendar
days after Contractor's receipt of Owner's written determination notice. If Owner and
Contractor cannot agree on an adjustment to Contractor's cost or time of performance,
the dispute resolution procedure set forth in the Contract Documents shall be complied
with by the parties.
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3. SCHEDULE,
3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award,
shall prepare and submit to Project Manager, for their review and approval, a progress
schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall
relate to all Work required by the Contract Documents, and shall utilize the Critical Path
method of scheduling and shall provide for expeditious and practicable execution of the
Work within the Contract Time. The Progress Schedule shall indicate the dates for
starting and completing the various stages of the Work.
3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly
updates to the Progress Schedule shall be subject to the Project Manager's review and
approval. Contractor shall submit the updates to the Progress Schedule with its
monthly Applications for Payment noted below. The Project Manager's review and
approval of the submitted Progress Schedule updates shall be a condition precedent to
the Owner's obligation to pay Contractor.
3.3 All work under this Agreement shall be performed in accordance with the
requirements of all Collier County Noise Ordinances then in effect Unless otherwise
specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday
through Friday. No work shall be performed outside the specified hours without the
prior approval of the Project Manager.
4. PROGRESS PAYMENTS,
4.1 Prior to submitting its first monthly Application for Payment, Contractor shall
submit to Project Manager, for their review and approval, a schedule of values based
upon the Contract Price, listing the major elements of the Work and the dollar value for
each element After its approval by the Project Manager, this schedule of values shall
be used as the basis for the Contractor's monthly Applications for Payment This
schedule shall be updated and submitted each month along with a completed copy of
the Application for Payment form signed by the Contractor's authorized representative
and attached to the Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall
provide to the Project Manager the list of its Subcontractors and materialmen submitted
with its Bid showing the work and materials involved and the dollar amount of each
subcontract and purchase order. Contractor acknowledges and agrees that any
modifications to the list of Subcontractors submitted with Contractor's Bid and any
subsequently identified Subcontractors are subject to Owner's prior written approval.
The first Application for Payment shall be submitted no earlier than thirty (30) days after
the Commencement Date. Notwithstanding anything herein to the contrary, if approved
by Owner in its sole discretion, Contractor may submit its invoice for any required
Payment and Performance Bonds prior to the first Application of Payment provided that
Contractor has furnished Owner certified copies of the receipts evidencing the premium
paid by Contractor for the bonds.
GC,CA-H-3
16813
4.3 Unless expressly approved by Owner in advance and in writing, said approval at
Owner's sole discretion, Owner is not required to make any payment for materials or
equipment that have not been incorporated into the Project If payment is requested on
the basis of materials and equipment not incorporated into the Project, but delivered
and suitably stored at the site or at another location, and such payment and storage
have been agreed to by Owner in writing, the Application for Payment also shall be
accompanied by a bill of sale, invoice or other documentation warranting that the Owner
has received the materials and equipment free and clear of all liens, charges, security
interests and encumbrances, together with evidence that the materials and equipment
are covered by appropriate property insurance and other arrangements to protect
Owner's interest therein, all of which shall be subject to the Owner's satisfaction,
Thereafter, with each Application for Payment, Contractor also shall complete and
submit to Owner as part of its Application for Payment, the Stored Materials Record
attached hereto and made a part hereof as Exhibit D.
4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to
the Project Manager or his or her designee, as directed by Owner (which designee may
include the Design Professional). After the date of each Application for Payment is
stamped as received and within the timeframes set forth in Section 218.735 F.S., the
Project Manager, or Design Professional, shall either: (1) Indicate its approval of the
requested payment; (2) indicate its approval of only a portion of the requested payment,
stating in writing its reasons therefore; or (3) return the Application for Payment to the
Contractor indicating, in writing, the reason for refusing to approve payment Payments
of proper invoices in the amounts approved shall be processed and paid in accordance
with Section 218.735, F.S, and the administrative procedures established by the
County's Purchasing Department and the Clerk of Court's Finance Department
respectively,
In the event of a total denial by Owner and return of the Application for Payment by the
Project Manager, the Contractor may make the necessary corrections and re-submit the
Application for Payment The Owner shall, within ten (10) business days after the
Application for Payment is stamped and received and after Project Manager approval of
an Application for Payment, pay the Contractor the amounts so approved.
4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly
payment request or ten percent (10%) of the portion thereof approved by the Project
Manager for payment, whichever is less, Such sum shall be accumulated and not
released to Contractor until final payment is due unless otherwise agreed to by the
Owner in accordance with Florida Statute 255.078. The Project Manager shall have the
discretion to establish, in writing, a schedule to periodically reduce the percentage of
cumulative retainage held through out the course of the Project schedule, Owner shall
reduce the amount of the retainage withheld on each payment request subsequent to
fifty percent (50%) completion subject to the guidelines set forth in Florida Statute
255.078 and as set forth in the Owner's Purchasing Policy.
GC-CA,H-4
16813
4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of
Contractor's Work.
4.7 Each Application for Payment, subsequent to the first pay application, shall be
accompanied by a Release and Affidavit, in the form attached as Exhibit C,
acknowledging Contractor's receipt of payment in full for all materials, labor, equipment
and other bills that are then due and payable by Owner with respect to the current
Application for Payment. Further, to the extent directed by Owner and in Owner's sole
discretion, Contractor shall also submit a Release and Affidavit from each
Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C
acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in
full through the previous month's Application for Payment. The Owner shall not be
required to make payment until and unless these affidavits are furnished by Contractor.
4.8 Contractor agrees and understands that funding limitations exist and that the
expenditure of funds must be spread over the duration of the Project at regular intervals
based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting
its first monthly Application for Payment, Contractor shall prepare and submit for Project
Manager's review and approval, a detailed Project Funding Schedule, which shall be
updated as necessary and approved by Owner to reflect approved adjustments to the
Contract Amount and Contract Time, No voluntary acceleration or early completion of
the Work shall modify the time of payments to Contractor as set forth in the approved
Project Funding Schedule.
4,9 Notwithstanding anything in the Contract Documents to the contrary, Contractor
acknowledges and agrees that in the event of a dispute concerning payments for Work
performed under this Agreement, Contractor shall continue to perform the Work
required of it under this Agreement pending resolution of the dispute provided that
Owner continues to pay Contractor all amounts that Owner does not dispute are due
and payable.
5. PAYMENTS WITHHELD.
5.1 The Project Manager may decline to approve any Application for Payment, or
portions thereof, because of subsequently discovered evidence or subsequent
inspections that reveal non-compliance with the Contract Documents. The Project
Manager may nullify the whole or any part of any approval for payment previously
issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as
may be necessary in the Owner's opinion to protect it from loss because of:
(a) defective Work not remedied; (b) third party claims filed or reasonable evidence
indicating probable filing of such claims; (c) failure of Contractor to make payment
properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt
that the Work can be completed for the unpaid balance of the Contract Amount; (e)
reasonable indication that the Work will not be completed within the Contract Time; (f)
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16813
unsatisfactory prosecution of the Work by the Contractor; or (g) any other material
breach of the Contract Documents by Contractor.
5.2 If any conditions described in 5.1. are not remedied or removed, Owner may,
after three (3) days written notice, rectify the same at Contractor's expense. Provided,
however, in the event of an emergency, Owner shall not be required to provide
Contractor any written notice prior to rectifying the situation at Contractor's expense.
Owner also may offset against any sums due Contractor the amount of any liquidated or
non-liquidated obligations of Contractor to Owner, whether relating to or arising out of
this Agreement or any other agreement between Contractor and Owner.
6. FINAL PAYMENT.
6.1 Owner shall make final payment to Contractor in accordance with Section
218,735, F.S. and the administrative procedures established by the County's
Purchasing Department and the Clerk of Court's Finance Department after the Work is
finally inspected and accepted by Project Manager as set forth with Section 20.1 herein,
provided that Contractor first, and as an explicit condition precedent to the accrual of
Contractor's right to final payment, shall have furnished Owner with a properly executed
and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly
executed copy of the Surety's consent to final payment and such other documentation
that may be required by the Contract Documents and the Owner. Prior to release of
final payment and final retainage, the Contractor's Representative and the Project
Manager shall jointly complete the Final Payment Checklist, a representative copy of
which is attached to this Agreement as Exhibit G.
6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and
all claims by Contractor against Owner arising out of this Agreement or otherwise
relating to the Project, except those previously made in writing in accordance with the
requirements of the Contract Documents and identified by Contractor as unsettled in its
final Application for Payment. Neither the acceptance of the Work nor payment by
Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of
Contractor hereunder or to the recovery of damages for defective Work not discovered
by the Design Professional or Project Manager at the time of final inspection.
7. SUBMITTALS AND SUBSTITUTIONS.
7.1 Contractor shall carefully examine the Contract Documents for all requirements
for approval of materials to be submitted such as shop drawings, data, test results,
schedules and samples. Contractor shall submit all such materials at its own expense
and in such form as required by the Contract Documents in sufficient time to prevent
any delay in the delivery of such materials and the installation thereof.
7.2 Whenever materials or equipment are specified or described in the Contract
Documents by using the name of a proprietary item or the name of a particular supplier,
the naming of the item is intended to establish the type, function and quality required.
Unless the name is followed by words indicating that no substitution is permitted,
GC,CA-H,6
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materials or equipment of other suppliers may be accepted by Owner if sufficient
information is submitted by Contractor to allow the Owner to determine that the material
or equipment proposed is equivalent or equal to that named, Requests for review of
substitute items of material and equipment will not be accepted by Owner from anyone
other than Contractor and all such requests must be submitted by Contractor to Project
Manager within thirty (30) calendar days after Notice of Award is received by
Contractor, unless otherwise mutually agreed in writing by Owner and Contractor.
7,3 If Contractor wishes to furnish or use a substitute item of material or equipment,
Contractor shall make application to the Project Manager for acceptance thereof,
certifying that the proposed substitute shall adequately perform the functions and
achieve the results called for by the general design, be similar and of equal substance
to that specified and be suited to the same use as that specified. The application shall
state that the evaluation and acceptance of the proposed substitute will not prejudice
Contractor's achievement of substantial completion on time, whether or not acceptance
of the substitute for use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for the Project)
to adapt the design to the proposed substitute and whether or not incorporation or use
by the substitute in connection with the Work is subject to payment of any license fee or
royalty. All variations of the proposed substitute from that specified will be identified in
the application and available maintenance, repair and replacement service shall be
indicated. The application also shall contain an itemized estimate of all costs that will
result directly or indirectly from acceptance of such substitute, including costs for
redesign and claims of other contractors affected by the resulting change, all of which
shall be considered by the Project Manager in evaluating the proposed substitute. The
Project Manager may require Contractor to furnish at Contractor's expense additional
data about the proposed substitute.
7.4 If a specific means, method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents, Contractor may furnish or utilize a
substitute means, method, sequence, technique or procedure of construction
acceptable to the Project Manager, if Contractor submits sufficient information to allow
the Project Manager to determine that the substitute proposed is equivalent to that
indicated or required by the Contract Documents. The procedures for submission to
and review by the Project Manager shall be the same as those provided herein for
substitute materials and equipment
7.5 The Project Manager shall be allowed a reasonable time within which to evaluate
each proposed substitute and, if need be, to consult with the Design Professional. No
substitute will be ordered, installed or utilized without the Project Manager's prior written
acceptance which shall be evidenced by a Change Order, a Work Directive Change, a
Field Order or an approved Shop Drawing. The Owner may require Contractor to
furnish at Contractor's expense a special performance guarantee or other surety with
respect to any substitute. The Project Manager will record time required by the Project
Manager and the Project Manager's consultants in evaluating substitutions proposed by
Contractor and making changes in the Contract Documents occasioned thereby.
Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse
GC,CA-H,7
16 .8 13
Owner for the charges of the Design Professional and the Design Professional's
consultants for evaluating each proposed substitute.
8. DAILY REPORTS, AS-BUlL TS AND MEETINGS.
8.1 Unless waived in writing by Owner, Contractor shall complete and submit to
Project Manager on a weekly basis a daily log of the Contractor's work for the preceding
week in a format approved by the Project Manager. The daily log shall document all
activities of Contractor at the Project site including, but not limited to, the following:
8.1.1 Weather conditions showing the high and low temperatures during
work hours, the amount of precipitation received on the Project site, and any other
weather conditions which adversely affect the Work;
8.1.2
8.1.3
personnel;
8,1 A The number of Contractor's and Sub-Contractor's personnel present
and working at the Project site, by subcontract and trade;
Soil conditions which adversely affect the Work;
The hours of operation by Contractor's and Sub-Contractor's
8.1.5 All equipment present at the Project site, description of equipment use
and designation of time equipment was used (specifically indicating any down time);
8.1.6 Description of Work being performed at the Project site;
8.1.7 Any unusual or special occurrences at the Project site;
8,1.8 Materials received at the Project site;
8,1.9 A list of all visitors to the Project
8.1.10 Any problems that might impact either the cost or quality of the Work or
the time of performance.
The daily log shall not constitute nor take the place of any notice required to be given by
Contractor to Owner pursuant to the Contract Documents.
8,2 Contractor shall maintain in a safe place at the Project site one record copy of
the Contract Documents, including, but not limited to, all drawings, specifications,
addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as
well as all written interpretations and clarifications issued by the Design Professional, in
good order and annotated to show all changes made during construction. The
annotated drawings shall be continuously updated by the Contractor throughout the
prosecution of the Work to accurately reflect all field changes that are made to adapt the
Work to field conditions, changes resulting from Change Orders, Work Directive
Changes and Field Orders, and all concealed and buried installations of piping, conduit
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and utility services. All buried and concealed items, both inside and outside the Project
site, shall be accurately located on the annotated drawings as to depth and in
relationship to not less than two (2) permanent features (e.g. interior or exterior wall
faces). The annotated drawings shall be clean and all changes, corrections and
dimensions shall be given in a neat and legible manner in a contrasting color. The
"As-Built" record documents, together with all approved samples and a counterpart of all
approved shop drawings shall be available to the Project Manager or Design
Professional for reference. Upon completion of the Work and as a condition precedent
to Contractor's entitlement to final payment, these "As-Built" record documents, samples
and shop drawings shall be delivered to Project Manager by Contractor for Owner.
8.3 Contractor shall keep all records and supporting documentation which concern or
relate to the Work hereunder for a minimum of five (5) years from the date of
termination of this Agreement or the date the Project is completed or such longer period
as may be required by law, whichever is later. Owner, or any duly authorized agents or
representatives of Owner, shall have the right to audit, inspect and copy all such
records and documentation as often as they deem necessary during the period of this
Agreement and during the document retention period noted above; provided, however,
such activity shall be conducted only during normal business hours,
9. CONTRACT TIME AND TIME EXTENSIONS.
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the
Work being done on the Project by its subcontractors and material-men, as well as
coordinating its Work with all work of others at the Project Site, so that its Work or the
work of others shall not be delayed or impaired by any act or omission by Contractor.
Contractor shall be solely responsible for all construction means, methods, techniques,
sequences, and procedures, as well as coordination of all portions of the Work under
the Contract Documents, and the coordination of Owner's suppliers and contractors as
set forth in Paragraph 12.2. herein.
9.2 Should Contractor be obstructed or delayed in the prosecution of or completion
of the Work as a result of unforeseeable causes beyond the control of Contractor, and
not due to its fault or neglect, including but not restricted to acts of Nature or of the
public enemy, acts of government, fires, floods, epidemics, quarantine regulation,
strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48)
hours after the commencement of such delay, stating the cause or causes thereof, or be
deemed to have waived any right which Contractor may have had to request a time
extension.
9.3 No interruption, interference, inefficiency, suspension or delay in the
commencement or progress of the Work from any cause whatever, including those for
which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty
to perform or give rise to any right to damages or additional compensation from Owner.
Contractor expressly acknowledges and agrees that it shall receive no damages for
delay, Contractor's sole remedy, if any, against Owner will be the right to seek an
extension to the Contract Time; provided, however, the granting of any such time
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extension shall not be a condition precedent to the aforementioned "No Damage For
Delay" provision. This paragraph shall expressly apply to claims for early completion,
as well as to claims based on late completion.
9A In no event shall any approval by Owner authorizing Contractor to continue
performing Work under this Agreement or any payment issued by Owner to Contractor
be deemed a waiver of any right or claim Owner may have against Contractor for delay
damages hereunder.
10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of the Work to
increase or decrease the Work, Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as
a result of the change. Except in an emergency endangering life or property, or as
expressly set forth herein, no addition or changes to the Work shall be made except
upon written order of Owner, and Owner shall not be liable to the Contractor for any
increased compensation without such written order. No officer, employee or agent of
Owner is authorized to direct any extra or changed work orally. Any alleged changes
must be approved by Owner in writing prior to starting such items. Owner will not be
responsible for the costs of any changes commenced without Owner's express prior
written approval. Failure to obtain such prior written approval for any changes will be
deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by
Contractor that such items are in fact not a change but rather are part of the Work
required of Contractor hereunder.
10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be
issued and executed promptly after an agreement is reached between Contractor and
Owner concerning the requested changes. Contractor shall promptly perform changes
authorized by duly executed Change Orders. The Contract Amount and Contract Time
shall be adjusted in the Change Order in the manner as Owner and Contractor shall
mutually agree.
10.3 If Owner and Contractor are unable to agree on a Change Order for the
requested change, Contractor shall, nevertheless, promptly perform the change as
directed by Owner in a written Work Directive Change. In that event, the Contract
Amount and Contract Time shall be adjusted as directed by Owner. If Contractor
disagrees with the Owner's adjustment determination, Contractor must make a claim
pursuant to Section 11 of these General Conditions or else be deemed to have waived
any claim on this matter it might otherwise have had.
10A In the event a requested change results in an increase to the Contract Amount,
the amount of the increase shall be limited to the Contractor's reasonable direct labor
and material costs and reasonable actual equipment costs as a result of the change
(including allowance for labor burden costs) plus a maximum ten percent (10%) markup
for all overhead and profit In the event such change Work is performed by a
Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all
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Subcontractors' and sub-subcontractors' direct labor and material costs and actual
equipment costs shall be permitted, with a maximum five percent (5%) markup thereon
by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen
percent (15%). All compensation due Contractor and any Subcontractor or
sub-subcontractor for field and home office overhead is included in the markups noted
above. Contractor's and Sub-Contractor's bond costs associated with any change order
shall be included in the overhead and profit expenses and shall not be paid as a
separate line item.
10.5 Owner shall have the right to conduct an audit of Contractor's books and records
to verify the accuracy of the Contractor's claim with respect to Contractor's costs
associated with any Change Order or Work Directive Change.
10.6 The Project Manager shall have authority to order minor changes in the Work not
involving an adjustment to the Contract Amount or an extension to the Contract Time
and not inconsistent with the intent of the Contract Documents. Such changes may be
effected by Field Order or by other written order. Such changes shall be binding on the
Contractor.
10.7 Any modifications to this Contract shall be in compliance with the County
Purchasing Policy and Administrative Procedures in effect at the time such
modifications are authorized.
11. CLAIMS AND DISPUTES.
11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or
interpretation of the terms of the Contract Documents, payment of money, extension of
time or other relief with respect to the terms of the Contract Documents. The term
"Claim" also includes other disputes and matters in question between Owner and
Contractor arising out of or relating to the Contract Documents. The responsibility to
substantiate a Claim shall rest with the party making the Claim,
11,2 Claims by the Contractor shall be made in writing to the Project Manager within
forty-eight (48) hours from when the Contractor knew or should have known of the event
giving rise to such Claim or else the Contractor shall be deemed to have waived the
Claim. Written supporting data shall be submitted to the Project Manager within fifteen
(15) calendar days after the occurrence of the event, unless the Owner grants additional
time in writing, or else the Contractor shall be deemed to have waived the Claim. All
Claims shall be priced in accordance with the provisions of Subsection 10.4.
11.3 The Contractor shall proceed diligently with its performance as directed by the
Owner, regardless of any pending Claim, action, suit or administrative proceeding,
unless othelWise agreed to by the Owner in writing. Owner shall continue to make
payments in accordance with the Contract Documents during the pendency of any
Claim.
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12. OTHER WORK.
12.1 Owner may perform other work related to the Project at the site by Owner's own
forces, have other work performed by utility owners or let other direct contracts, If the
fact that such other work is to be performed is not noted in the Contract Documents,
written notice thereof will be given to Contractor prior to starting any such other work. If
Contractor believes that such performance will involve additional expense to Contractor
or require additional time, Contractor shall send written notice of that fact to Owner and
Design Professional within forty-eight (48) hours of being notified of the other work. If
the Contractor fails to send the above required forty-eight (48) hour notice, the
Contractor will be deemed to have waived any rights it otherwise may have had to seek
an extension to the Contract Time or adjustment to the Contract Amount
12.2 Contractor shall afford each utility owner and other contractor who is a party to
such a direct contract (or Owner, if Owner is performing the additional work with
Owner's employees) proper and safe access to the site and a reasonable opportunity
for the introduction and storage of materials and equipment and the execution of such
work and shall properly connect and coordinate its Work with theirs. Contractor shall do
all cutting, fitting and patching of the Work that may be required to make its several
parts come together properly and integrate with such other work. Contractor shall not
endanger any work of others by cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of the Project Manager and the
others whose work will be affected. The duties and responsibilities of Contractor under
this paragraph are for the benefit of such utility owners and other Contractors to the
extent that there are comparable provisions for the benefit of Contractor in said direct
contracts between Owner and such utility owners and other contractors.
12.3 If any part of Contractor's Work depends for proper execution or results upon the
work of any other contractor or utility owner (or Owner), Contractor shall inspect and
promptly report to Project Manager in writing any delays, defects or deficiencies in such
work that render it unavailable or unsuitable for such proper execution and results.
Contractor's failure to report will constitute an acceptance of the other work as fit and
proper for integration with Contractor's Work.
13. INDEMNIFICATION AND INSURANCE.
13,1 To the maximum extent permitted by Florida law, Contractor shall indemnify and
hold harmless Owner and its officers and employees from any and all liabilities, claims,
damages, penalties, demands, judgments, actions, proceedings, losses or costs,
including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether
resulting from any claimed breach of this Agreement by Contractor or from personal
injury, property damage, direct or consequential damages, or economic loss, to the
extent caused by the negligence, recklessness, or intentional wrongful misconduct of
Contractor or anyone employed or utilized by the Contractor in the performance of this
Agreement
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13.2 The duty to defend under this Article 13 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Contractor, Owner and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being
provided to Contractor. Contractor's obligation to indemnify and defend under this
Article 13 will survive the expiration or earlier termination of this Agreement until it is
determined by final judgment that an action against the Owner or an indemnified party
for the matter indemnified hereunder is fully and finally barred by the applicable statute
of limitations.
13.3 Contractor shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to
the Agreement Further, the Contractor shall at all times comply with all of the terms,
conditions, requirements and obligations set forth under Exhibit B.
14. COMPLIANCE WITH LAWS.
14.1 Contractor agrees to comply, at its own expense, with all federal, state and local
laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the
Project, including but not limited to those dealing with taxation, worker's compensation,
equal employment and safety (including, but not limited to, the Trench Safety Act,
Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are
at variance therewith, it shall promptly notify Project Manager in writing. To the extent
any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain
terms in this Agreement in order for this Agreement to be enforceable, such terms shall
be deemed included in this Agreement Notwithstanding anything in the Contract
Documents to the contrary, it is understood and agreed that in the event of a change in
any applicable laws, ordinances, rules or regulations subsequent to the date this
Agreement was executed that increases the Contractor's time or cost of performance of
the Work, Contractor is entitled to a Change Order for such increases, except to the
extent Contractor knew or should have known of such changes prior to the date of this
Agreement
14.2 By executing and entering into this agreement, the Contractor is formally
acknowledging without exception or stipulation that it is fully responsible for complying
with the provisions of the Immigration Reform and Control Act of 1986 as located at 8
U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended.
Failure by the Contractor to comply with the laws referenced herein shall constitute a
breach of this agreement and the County shall have the discretion to unilaterally
terminate this agreement immediately.
15. CLEANUP AND PROTECTIONS,
15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor
shall remove all debris, rubbish and waste materials from and about the Project site, as
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well as all tools, appliances, construction equipment and machinery and surplus
materials, and shall leave the Project site clean and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to,
pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery,
not indicated in the Contract Documents to be removed or altered, shall be protected by
Contractor from damage during the prosecution of the Work. Subject to the Section 2.3
above, any such improvements so damaged shall be restored by Contractor to the
condition equal to that existing at the time of Contractor's commencement of the Work.
16. ASSIGNMENT,
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement,
or any part herein, without the Owner's consent, shall be void. If Contractor does, with
approval, assign this Agreement or any part thereof, it shall require that its assignee be
bound to it and to assume toward Contractor all of the obligations and responsibilities
that Contractor has assumed toward Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits
and fees, including license fees, permit fees, impact fees or inspection fees applicable
to the Work through an internal budget transfer(s). Contractor is not responsible for
paying for permits issued by Collier County, but Contractor is responsible for acquiring
all permits. Owner may require the Contractor to deliver internal budget transfer
documents to applicable Collier County agencies when the Contractor is acquiring
permits.
17.2 All permits, fees and licenses necessary for the prosecution of the Work which
are not issued by Collier County shall be acquired and paid for by the Contractor.
17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work.
18. TERMINATION FOR DEFAULT,
18,1 Contractor shall be considered in material default of the Agreement and such
default shall be considered cause for Owner to terminate the Agreement, in whole or in
part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under
the Contract Documents within the time specified herein; or (2) fails to properly and
timely perform the Work as directed by the Project Manager or as provided for in the
approved Progress Schedule; or (3) performs the Work unsuitably or neglects or
refuses to remove materials or to correct or replace such Work as may be rejected as
unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails
to resume Work which has been suspended within a reasonable time after being
notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act
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of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more
than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to
obey any applicable codes, laws, ordinances, rules or regulations with respect to the
Work; or (10) materially breaches any other provision of the Contract Documents,
18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner
determines that Contractor has not remedied and cured the default(s) within seven (7)
calendar days following receipt by Contractor of said written notice or such longer
period of time as may be consented to by Owner in writing and in its sole discretion,
then Owner, at its option, without releasing or waiving its rights and remedies against
the Contractor's sureties and without prejudice to any other right or remedy it may be
entitled to hereunder or by law, may terminate Contractor's right to proceed under the
Agreement, in whole or in part, and take possession of all or any portion of the Work
and any materials, tools, equipment, and appliances of Contractor, take assignments of
any of Contractor's subcontracts and purchase orders, and complete all or any portion
of Contractor's Work by whatever means, method or agency which Owner, in its sole
discretion, may choose.
18,3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that
it shall not be entitled to receive any further payments hereunder until after the Project is
completed. All moneys expended and all of the costs, losses, damages and extra
expenses, including all management, administrative and other overhead and other
direct and indirect expenses (including Design Professional and attorneys' fees) or
damages incurred by Owner incident to such completion, shall be deducted from the
Contract Amount, and if such expenditures exceed the unpaid balance of the Contract
Amount, Contractor agrees to pay promptly to Owner on demand the full amount of
such excess, including costs of collection, attorneys' fees (including appeals) and
interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of
the Contract Amount exceeds all such costs, expenditures and damages incurred by the
Owner to complete the Work, such excess shall be paid to the Contractor. The amount
to be paid to the Contractor or Owner, as the case may be, shall be approved by the
Project Manager, upon application, and this obligation for payment shall survive
termination of the Agreement
18.4 The liability of Contractor hereunder shall extend to and include the full amount of
any and all sums paid, expenses and losses incurred, damages sustained, and
obligations assumed by Owner in good faith under the belief that such payments or
assumptions were necessary or required, in completing the Work and providing labor,
materials, equipment, supplies, and other items therefore or re-Ietting the Work, and in
settlement, discharge or compromise of any claims, demands, suits, and judgments
pertaining to or arising out of the Work hereunder.
18.5 If, after notice of termination of Contractor's right to proceed pursuant to this
Section, it is determined for any reason that Contractor was not in default, or that its
default was excusable, or that Owner is not entitled to the remedies against Contractor
provided herein, then the termination will be deemed a termination for convenience and
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Contractor's remedies against Owner shall be the same as and limited to those afforded
Contractor under Section 19 below.
18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within
thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill
some material obligation owed by Owner to Contractor under this Agreement, and
(ii) Owner has failed to cure such default within fourteen (14) days of receiving written
notice of same from Contractor, then Contractor may stop its performance under this
Agreement until such default is cured, after giving Owner a second fourteen (14) days
written notice of Contractor's intention to stop performance under the Agreement If the
Work is so stopped for a period of one hundred and twenty (120) consecutive days
through no act or fault of the Contractor or its Subcontractors or their agents or
employees or any other persons performing portions of the Work under contract with the
Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving
written notice to Owner of Contractor's intent to terminate this Agreement If Owner
does not cure its default within fourteen (14) days after receipt of Contractor's written
notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner,
terminate the Agreement and recover from the Owner payment for Work performed
through the termination date, but in no event shall Contractor be entitled to payment for
Work not performed or any other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon
seven (7) calendar days written notice to Contractor. In the event of such termination
for convenience, Contractor's recovery against Owner shall be limited to that portion of
the Contract Amount earned through the date of termination, together with any
retainage withheld and reasonable termination expenses incurred, but Contractor shall
not be entitled to any other or further recovery against Owner, including, but not limited
to, damages or any anticipated profit on portions of the Work not performed.
19.2 Owner shall have the right to suspend all or any portions of the Work upon giving
Contractor not less than two (2) calendar days' prior written notice of such suspension,
If all or any portion of the Work is so suspended, Contractor's sole and exclusive
remedy shall be to seek an extension of time to its schedule in accordance with the
procedures set forth in the Contract Documents. In no event shall the Contractor be
entitled to any additional compensation or damages. Provided, however, if the ordered
suspension exceeds six (6) months, the Contractor shall have the right to terminate the
Agreement with respect to that portion of the Work which is subject to the ordered
suspension.
20. COMPLETION.
20.1 When the entire Work (or any portion thereof designated in writing by Owner) is
ready for its intended use, Contractor shall notify Project Manager in writing that the
entire Work (or such designated portion) is substantially complete. Within a reasonable
time thereafter, Owner, Contractor and Design Professional shall make an inspection of
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the Work (or designated portion thereof) to determine the status of completion. If
Owner, after conferring with the Design Professional, does not consider the Work (or
designated portion) substantially complete, Project Manager shall notify Contractor in
writing giving the reasons therefore. If Owner, after conferring with the Design
Professional, considers the Work (or designated portion) substantially complete, Project
Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion
which shall fix the date of Substantial Completion for the entire Work (or designated
portion thereof) and include a tentative punch-list of items to be completed or corrected
by Contractor before final payment Owner shall have the right to exclude Contractor
from the Work and Project site (or designated portion thereof) after the date of
Substantial Completion, but Owner shall allow Contractor reasonable access to
complete or correct items on the tentative punch-list
20.2 Upon receipt of written certification by Contractor that the Work is completed in
accordance with the Contract Documents and is ready for final inspection and
acceptance, Project Manager and Design Professional will make such inspection and, if
they find the Work acceptable and fully performed under the Contract Documents shall
promptly issue a final Certificate for Payment, recommending that, on the basis of their
observations and inspections, and the Contractor's certification that the Work has been
completed in accordance with the terms and conditions of the Contract Documents, that
the entire balance found to be due Contractor is due and payable, Neither the final
payment nor the retainage shall become due and payable until Contractor submits:
(1) Receipt of Contractor's Final Application for Payment
(2) The Release and Affidavit in the form attached as Exhibit C.
(3) Consent of surety to final payment
(4) Receipt of the final payment check list
(5) If required by Owner, other data establishing payment or satisfaction of all
obligations, such as receipts, releases and waivers of liens, arising out of
the Contract Documents, to the extent and in such form as may be
designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination
as to the Work's acceptability, even though the Design Professional may have issued its
recommendations. Unless and until the Owner is completely satisfied, neither the final
payment nor the retainage shall become due and payable.
21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any subcontractor or materialmen supplying
materials, equipment or fixtures to be incorporated into the Project Contractor warrants
to Owner that any materials and equipment furnished under the Contract Documents
shall be new unless otherwise specified, and that all Work shall be of good quality, free
from all defects and in conformance with the Contract Documents. Contractor further
warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and
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conditioned in accordance with the instructions of the applicable manufacturers,
fabricators, suppliers or processors except as otherwise provided for in the Contract
Documents. If, within one (1) year after Substantial Completion, any Work is found to
be defective or not in conformance with the Contract Documents, Contractor shall
correct it promptly after receipt of written notice from Owner. Contractor shall also be
responsible for and pay for replacement or repair of adjacent materials or Work which
may be damaged as a result of such replacement or repair. Further, in the event of an
emergency, Owner may commence to correct any defective Work, without prior notice
to Contractor, at Contractor's expense, These warranties are in addition to those
implied warranties to which Owner is entitled as a matter of law.
21,2 No later than 30 days prior to expiration of the warranty, the Project Manager, or
another representative of the Owner, shall conduct an inspection of the warranted work
to verify compliance with the requirements of the Agreement. The Contractor's
Representative shall be present at the time of inspection and shall take remedial actions
to correct any deficiencies noted in the inspection. Failure of the Contractor to correct
the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from
future bid opportunities with the Owner, in addition to any other rights and remedies
available to Owner.
22. TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and
employees, and governmental agencies with jurisdiction over the Project shall have
access at all times to the Work, whether the Work is being performed on or off of the
Project site, for their observation, inspection and testing. Contractor shall provide
proper, safe conditions for such access. Contractor shall provide Project Manager with
timely notice of readiness of the Work for all required inspections, tests or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of
any public authority having jurisdiction over the Project requires any portion of the Work
to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish Project
Manager the required certificates of inspection, testing or approval. All inspections,
tests or approvals shall be performed in a manner and by organizations acceptable to
the Project Manager.
22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection
fees and costs; to the extent such re-inspections are due to the fault or neglect of
Contractor.
22.4 If any Work that is to be inspected, tested or approved is covered without written
concurrence from the Project Manager, such work must, if requested by Project
Manager, be uncovered for observation. Such uncovering shall be at Contractor's
expense unless Contractor has given Project Manager timely notice of Contractor's
intention to cover the same and Project Manager has not acted with reasonable
promptness to respond to such notice. If any Work is covered contrary to written
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directions from Project Manager, such Work must, if requested by Project Manager, be
uncovered for Project Manager's observation and be replaced at Contractor's sole
expense,
22.5 The Owner shall charge to Contractor and may deduct from any payments due
Contractor all engineering and inspection expenses incurred by Owner in connection
with any overtime work. Such overtime work consisting of any work during the
construction period beyond the regular eight (8) hour day and for any work performed
on Saturday, Sunday or holidays,
22.6 Neither observations nor other actions by the Project Manager or Design
Professional nor inspections, tests or approvals by others shall relieve Contractor from
Contractor's obligations to perform the Work in accordance with the Contract
Documents.
23. DEFECTIVE WORK,
23.1 Work not conforming to the requirements of the Contract Documents or any
warranties made or assigned by Contractor to Owner shall be deemed defective Work.
If required by Project Manager, Contractor shall as directed, either correct all defective
Work, whether or not fabricated, installed or completed, or if the defective Work has
been rejected by Project Manager, remove it from the site and replace it with non-
defective Work. Contractor shall bear all direct, indirect and consequential costs of
such correction or removal (including, but not limited to fees and charges of engineers,
architects, attorneys and other professionals) made necessary thereby, and shall hold
Owner harmless for same.
23.2 If the Project Manager considers it necessary or advisable that covered Work be
observed by Design Professional or inspected or tested by others and such Work is not
otherwise required to be inspected or tested, Contractor, at Project Manager's request,
shall uncover, expose or otherwise make available for observation, inspection or tests
as Project Manager may require, that portion of the Work in question, furnishing all
necessary labor, material and equipment If it is found that such Work is defective,
Contractor shall bear all direct, indirect and consequential costs of such uncovering,
exposure, observation, inspection and testing and of satisfactory reconstruction
(including, but not limited to, fees and charges of engineers, architects, attorneys and
other professionals), and Owner shall be entitled to an appropriate decrease in the
Contract Amount If, however, such Work is not found to be defective, Contractor shall
be allowed an increase in the Contract Amount and/or an extension to the Contract
Time, directly attributable to such uncovering, exposure, observation, inspection, testing
and reconstruction.
23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient
skilled workers, suitable materials or equipment or fails to finish or perform the Work in
such a way that the completed Work will conform to the Contract Documents, Project
Manager may order Contractor to stop the Work, or any portion thereof, until the cause
for such order has been eliminated. The right of Project Manager to stop the Work
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shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be
construed as obligating the Project Manager to exercise this right for the benefit of
Design Engineer, Contractor, or any other person.
23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest
to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect
and consequential costs attributable to the Owner's evaluation of and determination to
accept defective Work. If such determination is rendered prior to final payment, a
Change Order shall be executed evidencing such acceptance of such defective Work,
incorporating the necessary revisions in the Contract Documents and reflecting an
appropriate decrease in the Contract Amount If the Owner accepts such defective
Work after final payment, Contractor shall promptly pay Owner an appropriate amount
to adequately compensate Owner for its acceptance of the defective Work.
23.5 If Contractor fails, within a reasonable time after the written notice from Project
Manager, to correct defective Work or to remove and replace rejected defective Work
as required by Project Manager or Owner, or if Contractor fails to perform the Work in
accordance with the Contract Documents, or if Contractor fails to comply with any of the
provisions of the Contract Documents, Owner may, after seven (7) days written notice
to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall
not be required to give notice to Contractor in the event of an emergency. To the extent
necessary to complete corrective and remedial action, Owner may exclude Contractor
from any or all of the Project site, take possession of all or any part of the Work, and
suspend Contractor's services related thereto, take possession of Contractor's tools,
appliances, construction equipment and machinery at the Project site and incorporate in
the Work all materials and equipment stored at the Project site or for which Owner has
paid Contractor but which are stored elsewhere, Contractor shall allow Owner, Design
Professional and their respective representatives, agents, and employees such access
to the Project site as may be necessary to enable Owner to exercise the rights and
remedies under this paragraph. All direct, indirect and consequential costs of Owner in
exercising such rights and remedies shall be charged against Contractor, and a Change
Order shall be issued, incorporating the necessary revisions to the Contract Documents,
including an appropriate decrease to the Contract Amount Such direct, indirect and
consequential costs shall include, but not be limited to, fees and charges of engineers,
architects, attorneys and other professionals, all court costs and all costs of repair and
replacement of work of others destroyed or damaged by correction, removal or
replacement of Contractor's defective Work. Contractor shall not be allowed an
extension of the Contract Time because of any delay in performance of the Work
attributable to the exercise by Owner of Owner's rights and remedies hereunder.
24. SUPERVISION AND SUPERINTENDENTS,
24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control
the Work competently and efficiently, devoting such attention thereto and applying such
skills and expertise as may be necessary to perform the Work in accordance with the
Contract Documents. Contractor shall be responsible to see that the finished Work
complies accurately with the Contract Documents, Contractor shall keep on the Work at
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all times during its progress a competent resident superintendent, who shall be subject
to Owner's approval and not be replaced without prior written notice to Project Manager
except under extraordinary circumstances. The superintendent shall be employed by
the Contractor and be the Contractor's representative at the Project site and shall have
authority to act on behalf of Contractor. All communications given to the superintendent
shall be as binding as if given to the Contractor. Owner shall have the right to direct
Contractor to remove and replace its Project superintendent, with or without cause.
Attached to the Agreement as Exhibit N is a list identifying Contractor's Project
Superintendent and all of Contractor's key personnel who are assigned to the Project;
such identified personnel shall not be removed without Owner's prior written approval,
and if so removed must be immediately replaced with a person acceptable to Owner.
24.2 Contractor shall have a competent superintendent on the project at all times
whenever contractor's work crews, or work crews of other parties authorized by the
Project Manager are engaged in any activity whatsoever associated with the Project
Should the Contractor fail to comply with the above condition, the Project Manager
shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient
moneys to account for the Owner's loss of adequate project supervision, not as a
penalty, but as liquidated damages, separate from the liquidated damages described in
Section 5.8, for services not rendered.
25, PROTECTION OF WORK.
25.1 Contractor shall fully protect the Work from loss or damage and shall bear the
cost of any such loss or damage until final payment has been made. If Contractor or
anyone for whom Contractor is legally liable for is responsible for any loss or damage
to the Work, or other work or materials of Owner or Owner's separate contractors,
Contractor shall be charged with the same, and any moneys necessary to replace such
loss or damage shall be deducted from any amounts due Contractor.
25.2 Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it
25.3 Contractor shall not disturb any benchmark established by the Owner or Design
Professional with respect to the Project If Contractor, or its subcontractors, agents or
anyone for whom Contractor is legally liable, disturbs the Owner or Design
Professional's benchmarks, Contractor shall immediately notify Project Manager and
Design Professional. The Owner or Design Professional shall re-establish the
benchmarks and Contractor shall be liable for all costs incurred by Owner associated
therewith.
26. EMERGENCIES,
26.1 In the event of an emergency affecting the safety or protection of persons or the
Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner or Design Professional is obligated to act to
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prevent threatened damage, injury or loss. Contractor shall give Project Manager
written notice within forty-eight (48) hours after Contractor knew or should have known
of the occurrence of the emergency, if Contractor believes that any significant changes
in the Work or variations from the Contract Documents have been caused thereby. If
the Project Manager determines that a change in the Contract Documents is required
because of the action taken in response to an emergency, a Change Order shall be
issued to document the consequences of the changes or variations. If Contractor fails
to provide the forty-eight (48) hour written notice noted above, the Contractor shall be
deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
27. USE OF PREMISES.
27,1 Contractor shall maintain all construction equipment, the storage of materials and
equipment and. the operations of workers to the Project site and land and areas
identified in and permitted by the Contract Documents and other lands and areas
permitted by law, rights of way, permits and easements, and shall not unreasonably
encumber the Project site with construction equipment or other material or equipment
Contractor shall assume full responsibility for any damage to any such land or area, or
to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from
the performance of the Work.
28, SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Work, Contractor shall take all
necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
28.1.1 All employees on or about the project site and other persons andlor
organizations who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein,
whether in storage on or off the Project site; and
28.1.3 Other property on Project site or adjacent thereto, including trees,
shrubs, walks, pavements, roadways, structures, utilities and any underground
structures or improvements not designated for removal, relocation or replacement in the
Contract Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and
regulations of any public body having jurisdiction for the safety of persons or property or
to protect them from damage, injury or loss. Contractor shall erect and maintain all
necessary safeguards for such safety and protection. Contractor shall notify owners of
adjacent property and of underground structures and improvements and utility owners
when prosecution of the Work may affect them, and shall cooperate with them in the
protection, removal, relocation or replacement of their property. Contractor's duties and
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responsibilities for the safety and protection of the Work shall continue until such time
as the Work is completed and final acceptance of same by Owner has occurred.
28.3, Contractor shall designate a responsible representative located on a full time
basis at the Project site whose duty shall be the prevention of accidents. This person
shall be Contractor's superintendent unless otherwise designated in writing by
Contractor to Owner.
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner
property. All employees of Contractor, as well as those of all subcontractors and those
of any other person or entity for whom Contractor is legally liable (collectively referred to
herein as "Employees"), shall not possess or be under the influence of any such
substances while on any Owner property. Further, Employees shall not bring on to any
Owner property any gun, rifle or other firearm, or explosives of any kind.
28.5 Contractor acknowledges that the Work may be progressing on a Project site
which is located upon or adjacent to an existing Owner facility. In such event,
Contractor shall comply with the following:
28.5,1
All Owner facilities are smoke free. Smoking is strictly prohibited;
28.5.2 All Employees shall be provided an identification badge by
Contractor. Such identification badge must be prominently displayed on the outside of
the Employees' clothing at all times. All Employees working at the Project site must log
in and out with the Contractor each day;
28.5.3 Contractor shall strictly limit its operations to the designated work
areas and shall not permit any Employees to enter any other portions of Owner's
property without Owner's expressed prior written consent;
28.5.4 All Employees are prohibited from distributing any papers or other
materials upon Owner's property, and are strictly prohibited from using any of Owner's
telephones or other office equipment;
28.5.5 All Employees shall at all times comply with the OSHA regulations
with respect to dress and conduct at the Project site. Further, all Employees shall
comply with the dress, conduct and facility regulations issued by Owner's officials
onsite, as said regulations may be changed from time to time;
28.5.6 All Employees shall enter and leave Owner's facilities only through
the ingress and egress points identified in the site utilization plan approved by Owner or
as otherwise designated, from time to time, by Owner in writing;
28.5.7 When requested, Contractor shall cooperate with any ongoing
Owner investigation involving personal injury, economic loss or damage to Owner's
facilities or personal property therein;
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28.5.8 The Employees may not solicit, distribute or sell products while on
Owner's property. Friends, family members or other visitors of the Employees are not
permitted on Owner's property; and
28.5.9 At all times, Contractor shall adhere to Owner's safety and security
regulations, and shall comply with all security requirements at Owner's facilities, as said
regulations and requirements may be modified or changed by Owner from time to time.
29. PROJECT MEETINGS,
Prior to the commencement of Work, the Contractor shall attend a pre-construction
conference with the Project Manager, Design Professional and others as appropriate to
discuss the Progress Schedule, procedures for handling shop drawings and other
submittals, and for processing Applications for Payment, and to establish a working
understanding among the parties as to the Work. During the prosecution of the Work,
the Contractor shall attend any and all meetings convened by the Project Manager with
respect to the Project, when directed to do so by Project Manager or Design
Professional. The Contractor shall have its subcontractors and suppliers attend all such
meetings (including the pre-construction conference) as may be directed by the Project
Manager.
30. VENDOR PERFORMANCE EVALUATION
Owner has implemented a Vendor Performance Evaluation System for all contracts
awarded in excess of $25,000. To this end, vendors will be evaluated on their
performance upon completion/termination of this Agreement
31. MAINTENANCE OF TRAFFIC POLICY
For all projects that are conducted within a Collier County Right-of-Way, the Contractor
shall provide and erect Traffic Control Devices as prescribed in the current edition of the
Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local
roadways and as prescribed in the Florida Department of Transportations Design
Standards (DS), where applicable on state roadways. These projects shall also comply
with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by
reference. Copies are available through Risk Management and/or Purchasing
Departments, and is available on-line at colliergov.netlpurchasing.
The Contractor will be responsible for obtaining copies of all required manuals, MUTCD,
FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to
become familiar with their requirements. Strict adherence to the requirements of the
Maintenance of Traffic ("MOT") policy will be enforced under this Contract
All costs associated with the Maintenance of Traffic shall be included on the line item on
the bid page,
If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of
Award.
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32. SALES TAX SAVINGS AND DIRECT PURCHASE
32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work. No markup shall be applied to sales tax, Additionally, as directed by Owner and
at no additional cost to Owner, Contractor shall comply with and fully implement the
sales tax savings program with respect to the Work, as set forth in section 32.2 below:
32,2 Notwithstanding anything herein to the contrary, because Owner is exempt from
sales tax and may wish to generate sales tax savings for the Project, Owner reserves
the right to make direct purchases of various construction materials and equipment
included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to
vendors selected by Contractor, for execution by Owner, on forms provided by Owner.
Contractor shall allow two weeks for execution of all such purchase orders by Owner.
Contractor represents and warrants that it will use its best efforts to cooperate with
Owner in implementing this sales tax savings program in order to maximize cost
savings for the Project Adjustments to the Contract Amount will be made by
appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the
saved sales taxes. A Change Order shall be processed promptly after each Direct
Purchase, or group of similar or related Direct Purchases, unless otherwise mutually
agreed upon between Owner and Contractor. With respect to all Direct Purchases by
Owner, Contractor shall remain responsible for coordinating, ordering, inspecting,
accepting delivery, storing, handling, installing, warranting and quality control for all
Direct Purchases. Notwithstanding anything herein to the contrary, Contractor
expressly acknowledges and agrees that all Direct Purchases shall be included within
and covered by Contractor's warranty to Owner to the same extent as all other
warranties provided by Contractor pursuant to the terms of the Contract Documents. In
the event Owner makes a demand against Contractor with respect to any Direct
Purchase and Contractor wishes to make claim agai'nst the manufacturer or supplier of
such Direct Purchase, upon request from Contractor Owner shall assign to Contractor
any and all warranties and Contract rights Owner may have from any manufacturer or
supplier of any such Direct Purchase by Owner.
32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for
sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal
excise taxes.
33. SUBCONTRACTS
33.1 Contractor shall review the design and shall determine how it desires to divide
the sequence of construction activities. Contractor will determine the breakdown and
composition of bid packages for award of subcontracts, based on the current Project
Milestone Schedule, and shall supply a copy of that breakdown and composition to
Owner and Design Professional for their review and approval prior to submitting its first
Application for Payment Contractor shall take into consideration such factors as
natural and practical lines of severability, sequencing effectiveness, access and
availability constraints, total time for completion, construction market conditions,
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availability of labor and materials, community relations and any other factors pertinent to
saving time and costs.
33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying
or providing any portion of the Work pursuant to a contract with Contractor. Contractor
shall be solely responsible for and have control over the Subcontractors. Contractor
shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests
for Proposal, with all affected Subcontractors and shall review the costs of those
proposals and advise Owner and Design Professional of their validity and
reasonableness, acting in Owner's best interest, prior to requesting approval of any
Change Order from Owner. All Subcontractors performing any portion of the Work on
this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a
person or entity that has the capability in all respects to perform fully the Agreement
requirements with respect to its portion of the Work and has the integrity and reliability
to assure good faith performance.
33.3 In addition to those Subcontractors identified in Contractor's bid that were
approved by Owner, Contractor also shall identify any other Subcontractors, including
their addresses, licensing information and phone numbers, it intends to utilize for the
Project prior to entering into any subcontract or purchase order and prior to the
Subcontractor commencing any work on the Project. The list identifying each
Subcontractor cannot be modified, changed, or amended without prior written approval
from Owner. Any and all Subcontractor work to be self-performed by Contractor must
be approved in writing by Owner in its sole discretion prior to commencement of such
work, Contractor shall continuously update that Subcontractor list, so that it remains
current and accurate throughout the entire performance of the Work.
33.4 Contractor shall not enter into a subcontract or purchase order with any
Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not
be required to contract with anyone it reasonably objects to. Contractor shall keep on
file a copy of the license for every Subcontractor and sub-subcontractor performing any
portion of the Work, as well as maintain a log of all such licenses. All subcontracts and
purchase orders between Contractor and its Subcontractors shall be in writing and are
subject to Owner's approval. Further, unless expressly waived in writing by Owner, all
subcontracts and purchase orders shall (1) require each Subcontractor to be bound to
Contractor to the same extent Contractor is bound to Owner by the terms of the
Contract Documents, as those terms may apply to the portion of the Work to be
performed by the Subcontractor, (2) provide for the assignment of the subcontract or
purchase order from Contractor to Owner at the election of Owner upon termination of
Contractor, (3) provide that Owner will be an additional indemnified party of the
subcontract or purchase order, (4) provide that Owner will be an additional insured on
all liability insurance policies required to be provided by the Subcontractor except
workman's compensation and business automobile policies, (5) assign all warranties
directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the
subcontract or purchase order. Contractor shall make available to each proposed
Subcontractor, prior to the execution of the subcontract, copies of the Contract
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Documents to which the Subcontractor will be bound, Each Subcontractor shall
similarly make copies of such documents available to its sub-subcontractors.
33.5 Each Subcontractor performing work at the Project Site must agree to provide
field (on-site) supervision through a named superintendent for each trade (e.g., general
concrete forming and placement, masonry, mechanical, plumbing, electrical and
roofing) included in its subcontract or purchase order. In addition, the Subcontractor
shall assign and name a qualified employee for scheduling direction for its portion of the
Work. The supervisory employees of the Subcontractor (including field superintendent,
foreman and schedulers at all levels) must have been employed in a supervisory
(leadership) capacity of substantially equivalent level on a similar project for at least two
years within the last five years. The Subcontractor shall include a resume of experience
for each employee identified by it to supervise and schedule its work.
33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and
purchase orders shall provide:
33.6.1 That the Subcontractor's exclusive remedy for delays in the
performance of the subcontract or purchase order caused by events beyond its control,
including delays claimed to be caused by Owner or Design Professional or attributable
to Owner or Design Professional and including claims based on breach of contract or
negligence, shall be an extension of its contract time.
33.6.2 In the event of a change in the work, the Subcontractor's claim for
adjustments in the contract sum are limited exclusively to its actual costs for such
changes plus no more than 10% for overhead and profit
33.6.3 The subcontract or purchase order, as applicable, shall require the
Subcontractor to expressly agree that the foregoing constitute its sole and exclusive
remedies for delays and changes in the Work and thus eliminate any other remedies for
claim for increase in the contract price, damages, losses or additional compensation.
Further, Contractor shall require all Subcontractors to similarly incorporate the terms of
this Section 33.6 into their sub-subcontracts and purchase orders.
33.6,4 Each subcontract and purchase order shall require that any claims by
Subcontractor for delay or additional cost must be submitted to Contractor within the
time and in the manner in which Contractor must submit such claims to Owner, and that
failure to comply with such conditions for giving notice and submitting claims shall result
in the waiver of such claims.
34, CONSTRUCTION SERVICES
34.1 Contractor shall maintain at the Project site, originals or copies of,
on a current basis, all Project files and records, including, but not limited to, the following
administrative records:
34.1.1
Subcontracts and Purchase Orders
GC-CA-H-27
34.1.2
34.1.3
34.1,4
34.1.5
34.1,6
34,1.7
34.1.8
34.1.9
34.1.10
34.1.11
34.1.12
34.1.13
34.1.14
34.1,15
34.1.16
34,1.17
34.1.18
34.1.19
34,1.20
34.1,21
34.1.22
34.1.23
34.1.24
34.1.25
34.1.26
34.1.27
34.1.28
34.1.29
34.1.30
34.1.31
34.1.32
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Subcontractor Licenses
Shop Drawing Submittal/Approval Logs
Equipment PurchaselDelivery Logs
Contract Drawings and Specifications with Addenda
Warranties and Guarantees
Cost Accounting Records
Labor Costs
Material Costs
Equipment Costs
Cost Proposal Request
Payment Request Records
Meeting Minutes
Cost-Estimates
Bulletin Quotations
Lab Test Reports
Insurance Certificates and Bonds
Contract Changes
Permits
Material Purchase Delivery Logs
Technical Standards
Design Handbooks
"As-Built" Marked Prints
Operating & Maintenance Instruction
Daily Progress Reports
Monthly Progress Reports
Correspondence Files
Transmittal Records
Inspection Reports
Punch Lists
PM IS Schedule and Updates
Suspense (Tickler) Files of Outstanding
Requirements
The Project files and records shall be available at all times to Owner and Design
Professional or their designees for reference, review or copying.
34.2 Contractor Presentations
At the discretion of the County, the Contractor may be required to provide a brief update
on the Project to the Collier County Board of County Commissioners, "Board", up to two
(2) times per contract term, Presentations shall be made in a properly advertised Public
Meeting on a schedule to be determined by the County Manager or his designee. Prior
to the scheduled presentation date, the Contractor shall meet with appropriate County
staff to discuss the presentation requirements and format Presentations may include,
but not be limited to, the following information: Original contract amount, project
schedule, project completion date and any changes to the aforementioned since Notice
to Proceed was issued.
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35. SECURITY
If required, Contractor shall be responsible for the costs of providing background checks
and drug testing for all employees that shall provide services to the County under this
Agreement This may include, but not be limited to, checking federal, state and local
law enforcement records, including a state and FBI fingerprint check, credit reports,
education, residence and employment verifications and other related records.'
Contractor shall be required to maintain records on each employee and make them
available to the County for at least four (4) years.
36. VENUE
Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or
state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
37. VALUE ENGINEERING
All projects with an estimated cost of $10 million or more shall be reviewed for
consideration of a Value Engineering (VE) study conducted during project development
A "project" shall be defined as the collective contracts, which may include but not be
limited to: design, construction, and construction, engineering and inspection (CEI)
services. Additionally, any project with an estimated construction value of $2 million or
more may be reviewed for VE at the discretion of the County.
38. ABOVEGROUND/UNDERGROUND TANKS
An underground 62-761, Florida Administrative Code (FA C.) or aboveground 62-762,
F.AC, regulated tank requires notification to the 'County' prior to installation or closure
of the tank. The Pollution Control Department (239-252-2502), via contract GC-690
with the Florida Department of Environmental Protection (FDEP), is the County (local
program) for the purposes of these rules.
Regulated tanks require notification to the 'county' local program thirty (30) days prior to
installation and again forty-eight (48) hours prior to commencement of the installation.
Closure activities require a ten (10) day notification and then a forty-eight (48) hour
notification prior to commencement The notification is to allow for scheduling of the
inspections pertaining to the installationlclosure activities. A series of inspections will
be scheduled based upon system design after discussing the project with the
contractor/project manager. Specifics on applicability, exemptions, and requirements
for regulated pollutant storage tank systems can be found in 62-761, FAC. and 62-762,
F.AC, or you may contact the Pollution Control Department with your questions.
Please note that equipment must be listed on the FDEP approved equipment list and
will be verified at inspection along with installation and testing procedures. The
approved equipment list is constantly updated and can be found at the FDEP Storage
Tank Regulation website along with rules, forms and other applicable information.
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39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR,
EMPLOYEES.
The Contractor shall employ people to work on Owner's projects who are neat, clean,
well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor
shall supply competent employees who are physically capable of performing their
employment duties. The Owner may require the Contractor to remove an employee it
deems careless, incompetent, insubordinate or otherwise objectionable and whose
continued employment on Owner's projects is not in the best interest of the County.
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EXHIBIT I
SUPPLEMENTAL TERMS AND CONDITIONS
The County may, at its discretion, use VISA/MASTER card credit network as a payment
vehicle for goods and/or services purchased as a part of this contract
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EXHIBIT I
Local Agency Program (LAP) Requirements
SUPPLEMENTAL TERMS AND CONDITIONS
Refer to the Form and Reporting Requirements Exhibit to become familiar with all
documentation and compliance reporting that must be submitted throughout the project
The following items must be submitted with the bid package. Any missing
items will be considered a nonresponsive bid.
REQUIRED FORMS (Attached)
N/A DBE/AA Plan Submit BOTH with Bid If your DBE/AA Plan has not
Package: been approved by FOOT:
Disadvantaged Business
Enterprise Affirmative Action 0 FDOT DBE/AA Plan A sample DBE policy and plan
Plan Approval Letter (Form 275-030-11B) has been
provided with approval
DBE PLAN SUBMITTED WITH 0 Copy of DBE/AA Policy instructions,
BID MUST BE APPROVED BY and Plan
FDOT
N/A EEO/AA Plan Submit with Bid Package: A sample EEO policy and plan
has been provided,
Equal Employment 0 Copy of EEO/AA Policy
Opportunity Affirmative and Plan The EEO plan is not required
Action Plan to be approved by FOOT,
700-011-13 Notification of EEO Officer Submit with Bid Package
700-010-52 Affidavit Vehicle Registration Submit with Bid Package
275-030-10 Bid Opportunity List Submit with Bid Package
Exhibit P Declaration of Debarment Submit with Bid Package
700-010-36 Certification of Sublet Work Submit with Bid Package
275-030-11A Anticipated DBE Statement Submit with Bid Package
C-004 Certification of Non- Submit with Bid Package
segregated Facilities
Provide FOOT Submit with Bid Package
Prequalification #
The fot/owing terms and conditions supersede any terms and conditions
under the General Conditions of this contract and/or policy and guidelines of
Collier County Government for the purpose of this engagement only.
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2, Audit Reports
(49 CFR Subtitle A Part 90, 48 CFR 31 Federal Acquisitions Requlations)
In the event that a recipient expends $500,000 or more in federal awards in its fiscal
year, the recipient must have a single or program specific audit conducted in
accordance with the United States Office of Management and Budget (OMB)
Circular A-133.
If the recipient expends less than $500,000 in federal awards during its fiscal year, an
audit conducted in accordance with the OMS Circular A-133 is not required. If a
recipient expends less than $500,000 in federal awards during its fiscal year and elects
to have an audit conducted in accordance with OMB Circular A-133, the cost of the
audit must be paid from non-federal funds,
Reporting Packages and management letters generated from audits conducted in
accordance with OMB Circular A-133 shall be submitted to the awarding FDOT office,
by the recipient within 30 days of receiving it The aforementioned items are to be
received by the appropriate FDOT office no later than 9 months after the end of the
recipient's fiscal year.
3. Bonding and Prequalification
(3-5,7-13.8-7.1 and 2-5.1 Florida Department of Transportation Guidelines)
Prequalification of Bidders
Except as noted below, pre-qualify with the Department to be eligible to bid. The
Department publishes regulations covering prequalification of bidders under separate
cover, The Department does not require the Contractor to be pre-qualified if bidding
contracts of $250,000 or less or if constructing buildings.
For contracts exceeding $250,000 amount, file an application for qualification on forms
furnished by the Department, giving detailed information with respect to financial
resources, equipment, past record, personnel, and experience. For qualified applicants,
the Department will issue a certificate fixing the types of work and the aggregate
amount of work that the Department allows the pre-qualified bidder to have under
contract at anyone time. However for projects that exceed $250,000 and on the
National Highway System or State Highway System, the contractor must be FDOT pre-
qualified.
A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit the following:
(a) A bid on a contract to provide any goods or services to a public entity.
(b) A bid on a contract with a public entity for the construction or repair of
a public building or public work.
(c) Bids on leases of real property to a public entity.
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A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and may
not transact business with any public entity in excess of the threshold amount provided
in Section 287.0 17 F.S, for Category Two. All restrictions apply for a period of 36
months from the date of placement on the convicted vendor list
All pre-qualified Contractors bidding on any Contract must include with their bid
proposal a copy of their Certification of Current Capacity (Form 375-020-22 and Status
of Contract On Hand (Form 375-030-21).
Guaranty to Accompany Proposals
The Department will not consider any proposal unless it is accompanied by a proposal
guaranty of the character and amount indicated in the Advertisement, and unless it is
made payable to the Florida Department of Transportation. Submit proposals with the
understanding that the successful bidder shall furnish a Contract Bond pursuant to the
requirements of 3-5.
Contract Bond Required
General Requirements of the Bond: Upon award, furnish to the Department, and
maintain in effect throughout the life of the Contract, an acceptable surety bond in a
sum at least equal to the amount of the Contract Execute such bond on the form
furnished by the Department Obtain a surety that has a resident agent in the State of
Florida, meets all of the requirements of the laws of Florida and the regulations of the
Department, and has the Department's approval. Ensure that the surety's resident
agent's name, address, and telephone number is clearly stated on the face of the
Contract Bond.
On contracts of $150,000 or less, the Department may waive the requirement for all or a
portion of a surety bond if it determines that the project is of a non-critical nature and
nonperformance will not endanger the public health, safety, or property. The
Department may require alternate means of security it if waives the requirement for a
surety bond.
Continued Acceptability of Surety: Provide a surety bond that remains acceptable to the
Department throughout the life of the Contract In the event that the surety executing the
bond, although acceptable to the Department at the time of execution of the Contract,
subsequently becomes insolvent or bankrupt, or becomes unreliable or otherwise
unsatisfactory then the Department any require that the Contractor immediately replace
the surety bond with a similar bond drawn on a surety company that is reliable and
acceptable to the Department In such an event, the Department will bear all costs of
the premium for the new bond, after deducting any amounts that are returned to the
Contractor from his payment of premium on the original bond.
Default by Contractor. In case of default on the part of the Contractor, the Department
will charge against the bond all expenses for services incidental to ascertaining and
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collecting losses under the bond, including accounting, engineering, and legal services,
together with any and all costs incurred in connection with renegotiation of the Contract
Surety to Furnish Legal Defense: The surety company shall indemnify and provide
dense for the Department when called upon to do so for all claims or suits against the
Department arising out of the Contract It is expressly understood that the monetary
limitation on the extent of the indemnification shall be the approved Contract amount,
which amount shall be original contract amount as may be increased by subsequent
Supplemental Agreements.
Liability for Wrongful or Criminal Act by Contractor: The principal and surety executing
the bond shall be liable to the State in any civil action that might be instituted by the
Department or any officer of the State authorized in such cases, for double any amount
in money or property the State might lose, or be overcharged or otherwise be defrauded
of by any wrongful or criminal act of the Contractor, his agent or his employees,
Execution of Contract and Bond
Within twenty (20) days after Contract award, execute the necessary agreements to
enter into a contract with the Department and return the agreement along with a
satisfactory surety bond and documentation evidencing all insurance required by 7-13 to
the Department's Contract Office that awarded the Contract For each calendar day that
the successful bidder is late in delivering to the Department's Contract Office all
required documents in properly executed form, the Department will deduct one day from
the Allowable Contract Time as specified in 8-7.1. The Department will not be bound by
any proposal until it executes the associated Contract The Department will execute the
Contract and bond in the manner stipulated in 2-5,1.
The Department will execute the Contract within 15 days after receipt of the necessary
agreements and bond from the Contractor.
Failure by Contractor to Execute Contract and Furnish Bond
In the event that the bidder fails to execute the awarded Contract, and to file an
acceptable bond, as prescribed in 3-5 and 3-6, within 20 days of Contract award, the
Department may annul the award, causing the bidder to forfeit the proposal guaranty to
the Department; not as a penalty but in liquidations of damages, sustained. The
Department may then award the Contract to the next lowest responsible bidder, re-
advertise, or accomplish the work using day labor.
4. Buy America and Foreign Contractor and Supplier Restriction
(Florida Department of Transportation Guidelines)
Source of Supply Steel (Federal-Aid Contracts Only): For Federal-aid Contracts,
only use steel and iron produced in the Untied States, in accordance with the Buy
America provisions of 23 CFR 635.410, as amended. Ensure that all manufacturing
processes for this material occur in the United States. As used in this specification, a
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manufacturing process is any process that modifies the chemical content, physical
shape or size, or final finish of a product beginning with the initial melding and mixing
and continuing through the bending and coasting stages. A manufactured steel or iron
product is complete only when all grinding, drilling, welding, finishing and coating have
been completed. If a domestic product is taken outside the Untied States for any
process, it becomes foreign source material. When using steel and iron as a component
of any manufactured product incorporated into the project (e,g., concrete pipe, pres-
stressed beams, corrugated steel pipe, etc.), these same provisions apply, except that
the manufacturer may use minimal quantities of foreign steel and iron when the cost of
such foreign materials does not exceed 0.1 % of the total Contract amount or $2500,
which ever is greater.
These requirements are applicable to all steel and iron materials incorporated into
the finished work, but are not applicable to steel and iron items that the Contractor uses
but does not incorporated into the finished work. Provide a certification from the
producer of steel or iron, or any product containing steel or iron as a component, stating
that all steel or iron furnished or incorporated into the furnished product was
manufactured in die Untied States in accordance with the requirements of this
specification and the Buy America provisions of 23 CFR 635.410, as amended. Such
certification shall also include (1) a statement that the product entirely within the United
States, or (2) a statement that the product was produced within the United States
except for minimal quantities of foreign steel and iron valued at $(actual value). Furnish
each such certification to the Engineer prior to incorporating the material into the
project When FHWA allows the use of foreign steel on a project, furnish invoices to
document the cost of such material, and obtain the Engineer's written approval prior to
incorporating the material into the project
5. Change Orders
See Exhibit H, General Terms and Conditions, Section 10. Changes in the
Work, Article, 10.2 Change Order, Collier County Contract - Seeattachedcontrad
page.GC-CM-l-10, highlighted.
6. Claims
See Exhibit H, General Terms and Conditions, Section 11. Claims and
Disputes, Collier County Contract - See attached contract page GC-CA-H-11
highlighted,
7. Contractor Purchased Equipment for State or Local Ownership
Provision excluded from this contract
8. Debarment and Suspension (Collier Countv Purchasinq Policv)
The Board shall grant authority to County staff to suspend and/or debar vendors,
contractors, consultants and other interested and affected persons from active
participation in obtaining County contracts. The purpose of any such action shall be to
protect the County's interests and the integrity of the County's contracting process. The
suspension and debarment processes shall be considered to be separate from and in
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addition to the award evaluation and vendor performance evaluation processes
authorized elsewhere in this policy
Definition of Terms: For the purposes of this section, the following terms have been
defined as follows:
Affiliate refers to associated business entities or individuals that control or could
control the contractor or are controlled by the contractor or could be controlled by the
contractor.
Civil Judgment refers to a judgment or finding of a civil offense by any court of
competent jurisdiction,
Contractor means any individual or legal entity that:
a. Directly or indirectly (e.g.; through an affiliate), submits offers for or is
awarded, or reasonably may be expected to submit offers for or be
awarded, a County contract for construction of for procurement of
commodities and services, including professional services; or
b. Conducts business, or reasonably may be expected to conduct business,
with the County as an agent, surety, representative or subcontractor of
another contractor.
For the purposes of this section, the terms "vendor" and "consultant" shall have the
same meaning as "contractor" and the term "sub consultant" shall have the same
meaning as the term "subcontractor".
Conviction means a judgment or conviction of a criminal offense, felony or
misdemeanor, by any court of competent jurisdiction, whether entered upon a verdict or
a plea, and includes a conviction entered upon a plea of no 10 contendere.
Debarment means action taken by the County to exclude a contractor from County
contracting and County-approved subcontracting for a reasonable, specified period as
provided herein.
Preponderance of the Evidence means proof by information that, compared with
that opposing it, leads to the conclusion that the fact at issue is more probably true than
not.
Subcontractor: Any individual or legal entity that offers or agrees to provide
commodities or services to a party deemed to be a contractor under this section.
Suspension refers to action taken by the Purchasing/General Services Director
(hereinafter referred to as "the PGS Director'~ to temporarily disqualify a contractor from
County contracting or County-approved subcontracting.
Suspension: The Purchasing/General Services Director shall have the authority to
suspend a contractor, subcontractor or person from consideration for award of contracts
if there appears to be a reasonable basis for debarment as set forth under Section
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XXXIX If a suspension precedes a debarment, the suspension period shall be
considered in determining the debarment period. The suspension period shall not
exceed three months without the approval of the County Manager. A decision to
suspend by the Purchasing/General Services Director shall be considered final and
conclusive with no right of appeal.
Debarment:
Causes for Debarment: The prospective causes for debarment include one or more
of the following:
a. Conviction for commission of a criminal offense as an incident to obtaining
or attempting to obtain a public or private contract or subcontract, or in the
performance of such contract or subcontract.
b. Conviction under state or federal law of embezzlement, theft, forgery,
bribery, falsification or destruction of records, receiving stolen property, .or any
other offense indicating a lack of business integrity or business honesty which
currently, seriously and directly affects responsibility as a contractor.
c. Conviction under state or federal antitrust laws arising out of the
submission of bids, proposals or other competitive offers.
d. Violation(s) of county contract(s) provisions, which is (are) deemed to
be serious and to warrant debarment, including the failure, without good cause,
to perform in accordance with the terms, conditions, specifications, scope,
schedule or any other provisions of the contract(s).
e, Refusal to provide bonds, insurance or other required coverages and
certifications thereof within a reasonable time period.
f. Refusal to accept a purchase order, agreement or contract, or perform
accordingly provided such order was issued timely and in conformance with the
solicitation and offer received.
g. Presence of principals or corporate officers in the business of concern,
who were principals within another business at the time when the other business
was suspended or debarred within the last three years under the provisions of
this section.
h. Violation of the ethical standards set forth under applicable state or
county laws.
i. Debarment of the contractor by another public agency
j. Any other cause deemed to be so serious and compelling as to
materially affect the qualifications or integrity of the contractor.
Debarment Procedure:
a. The county department requesting the debarment action shall submit to
the PGS Director a written complaint setting forth the reason(s) for seeking
debarment and shall identify a recommended debarment period.
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b. The PGS Director shall review the complaint, verify whether it is compliant
with the provision of this policy, direct any appropriate changes and forward the
complaint to the contractor.
c. The contractor shall review the complaint and shall provide a written
response (with supporting documentation) to each allegation, The response
shall be provided to the PGS Director within 10 (ten) business days of receipt of
the allegations submittal. In the event that the contractor fails to respond to the
complaint within the prescribed time period, the complaint, as forwarded to the
contractor, shall become an effective debarment decision without further appeal.
d. In the event that the contractor files a timely and complete response to the
complaint and the debarment action is based upon a conviction, judgment or
other event(s) where there is no significant dispute over material facts, the PGS
Director shall determine the period of debarment on the basis of the undisputed
material information set forth or referenced in the complaint, the contractor's reply
and the parameters set forth in this section. In the event that the Contractor
objects to the PGS Director's decision, the Contractor shall have a maximum of
three business days to file an appeal of the debarment decision with the PGS
Director. The appeal will be forwarded to and considered by the County
Manager (or his designee), who will review the debarment record compiled by
the initiating department and the contractor. Should the County Manager
overturn the PGS Director's decision; the County Manager shall formally cite the
reasons for doing so.
e. In the event that the contractor files a timely and complete reply to the
complaint and where the facts are in dispute, the Purchasing Department will
convene a debarment committee (hereinafter referred to as "the committee'?
consisting of at least three individuals who will review the complaint and the
contractor's reply The County Manager or his designee shall formally appoint
the committee, which will generally consist of county employees, none of whom
shall be a member of the department initiating the complaint. At the discretion of
the County Manager, a member from private industry with a particular area of
relevant expertise may be appointed to the committee, provided that this member
is not a direct or indirect competitor of the firm in question. The Office of the
County Attorney shall appoint a representative to attend the hearing. The
representative shall not be considered a voting member of the committee, but
shall be available to provide legal counsel to the committee as necessary. All
members appointed to serve on the debarment committee shall disclose, to the
PGS Director, or his designee, any actual or prospective conflicts of interest at
the time of appointment or at the time in which the member becomes aware of
the actual or prospective conflict.
f The PGS Director, or his designee, shall chair the committee and serve
as the Purchasing Department's representative to the committee. The
Purchasing representative shall preside over and facilitate the deliberations of
the committee as a non-voting member and serve as the County's liaison to the
Contractor in the debarment process. All voting committee members are
prohibited from having any communication regarding the debarment issue
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outside the committee deliberations with any of the patties involved in the
specific debarment or their representatives until after the committee decision has
been issued or, in the event of an appeal of that decision by the Contractor, until
the conclusion of the appeal process. All committee deliberations are subject to
Section 286.011 F.S,
g, Where the material facts are in dispute, the committee shall evaluate the
evidence, judge the credibility of witnesses and base its decision upon the
preponderance of the evidence. Should the contractor fail to appear at the
debarment hearing, the contractor shall be presumed to be unqualified and or
non-responsive and shall be subject to debarment. The committee decision shall
be by a majority vote of those voting members in attendance. The committee
shall be the sole trier of fact. In the event that the committee decides to impose
debarment, the debarment decision will formally include, but not be strictly limited
to the following information:
1) The specific reasons for the debarment;
2) The scope of the debarment; and
3) The period of debarment, including the effective and expiration dates.
The committee's decision shall be issued in writing within 20 business
days of the conclusion of the hearing unless the committee extends this period
for good cause.
h. The PGS Director shall forward the committee's decision to the contractor
and affiliates involved. Should the contractor object to the committee's decision,
the contractor shall have a maximum of three business days to file an appeal of
the debarment decision with the PGS Director. The appeal will be forwarded to
and considered by the County Manager (or his designee), who will review the
debarment record compiled by the initiating depattment, the contractor and the
committee. Should the County Manager ovetturn the committee's decision; the
County Manager shall formally cite the reasons for doing so.
Debarment Period:
a. At its sole discretion, the committee shall determine the period of
debarment. The debarment period shall be commensurate with the severity of
the causers) and in no event shall be the debarment period exceeds five years
without the approval of the Board.
b. At its sole discretion, the committee (having the same or different
composition) may reduce the debarment period upon a written request from the
contractor to do so, based on one or more of the following reasons:
1. Newly discovered material evidence;
2. A reversal of the conviction, civil judgment or other action
upon which the debarment was based;
3. Bona fide change in ownership or management;
4. Elimination of other causes for which the debarment was
imposed; or
GC-CA,I-10
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5. Other reasons that the committee might deem appropriate.
The contractor's request shall be submitted to the PGS Director in
writing and shall be based on one or more of the aforementioned reasons.
c. The decision of the committee regarding a reduction of the
debarment period is final and not subject to appeal.
The Effects of Debarment:
a. Debarred contractors are excluded from receiving County
contracts. Departments shall not solicit offers from, award contracts to, or
consent to subcontractors with debarred contractors, unless the County
Manager or his designee determines that emergency or single source
conditions exist and grants written approval for such actions. Debarred
contractors are excluded from conducting business with the County as
agents, representatives, subcontractors or partners of other contractors.
b. The Purchasing Department shall notify all Board departments of
the final debarment decision and the effects of that decision with regard to
conducting business with the debarred entity(ies) during the debarment
period.
Continuation of Current Contracts:
a. Departments may not renew or otherwise extend the duration of
current contracts with debarred contractors in place at the time of the
debarment unless the PGS Director or his designee determines that it is in
the best interests of the County to allow the contractor to continue or finish
the work within an additional, limited period of time.
b. Debarment shall constitute grounds for terminating an open
agreement with a contractor. However, the contract manager may permit
completion of an open contract(s) provided that the debarred contractor
has performed in a satisfactory manner to date under the open contract(s)
unless otherwise directed by the PGS Director.
Restrictions on Subcontracting:
a. When a debarred contractor is proposed as a subcontractor for any
subcontract subject to County approval, the department shall not consent
to subcontracts with such contractors unless the County Manager or his
designee determines that emergency or single source conditions exist,
thus justifying such consent and approves such decision.
b. The County shall not be responsible for any increases in contract
costs or other expenses incurred by a contractor as a result of rejection of
proposed subcontractors pursuant to subsection 6.a provided that the
subcontractor was debarred prior to the submission of the applicable bid or
proposal offer.
The Scope of Debarment:
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Debarment applies to all officers, principals, directors, partners, qualifiers, divisions or
other organizational elements of the debarred contractor, unless the debarment
decision is limited by its terms to specific divisions, organizational elements or
commodity/services. The committee's decision includes any existing affiliates of the
contractor if they are specifically named and are given written notice of the proposed
debarment and an opportunity to respond. Future affiliates of the contractor are subject
to the pre-existing terms of the committee's decision.
EXHIBIT "P"
DECLARATION OF DEBARMENT
The bidder, in accordance with Section XXIX of the prevailing Collier County Purchasing
Policy, (known as "Debarment and Suspension") shall sign the appropriate declaration
under this exhibit. In doing so, the undersigned hereby declares that:
Name of Business
1. They are a prospective contractor, vendor, affiliate, or otherwise interested or
affected party as defined under Section XXIX of the Collier County Purchasing
Policy.
2. They are not nor have not been debarred or suspended by any public entity within
the last five (5) years of the date of this submission.
3. Signature of this declaration constitutes a material representation of fact upon which
reliance was placed when this submission was entered and evaluated. Further,
should it subsequently be determined that the signatory knowingly or unknowingly
rendered an erroneous declaration; the County shall reserve the right to reject the
bid offer associated with this declaration and/or suspend/debar the bidder/signatory.
4. They shall provide immediate written notice to the person to whom this proposal is
submitted if at any time they learn that its declaration was erroneous when submitted
or has become erroneous by reason of changed circumstances.
5. Should the proposed agreement be entered into, they shall not knowingly enter into
any subcontract or supplier agreement with a person or entity who is debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this
agreement, unless otherwise authorized by the Collier County Purchasing/General
Services Director.
The bidder shall sign the appropriate declaration below and comply with any
accompanying requirements set forth therein:
(A) I hereby declare that my firm nor its principals is not presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any public agency.
Name(s) and Title(s) of Authorized Representative(s)
GC.CA.I-12
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Name of Business
Authorized Signature(s)
Date
(B) I am unable to declare that my firm is in compliance with one or more statements
contained within this declaration and I shall attach an explanation for determination
by the Collier County Purchasing Director.
Name(s) and Title(s) of Authorized Representative(s)
Name of Business
Date
Authorized Signature(s)
9. Disadvantaged Business Enterprises
(Florida Department of Transportation Guidelines)
Disadvantaged Business Enterprise Program:
General: Prior to award of the Contract, have an approved DBE Affirmative Action
Program Plan filed with the Equal Opportunity Office. Update and resubmit the plan
every three (3) years. No Contract will be awarded until the Department approves the
Plan. The DBE Affirmative Action Program Plan and commitment to carry out the Plan
must be incorporated into and become a part of the awarded Contract. Failure to keep
these commitments will be deemed noncompliance with these Specifications and a
breach of the Contract. Take all necessary and reasonable steps to ensure that FDOT
Certified Disadvantaged Business Enterprises, as defined in 40 CFR Part 26 and DOT
Rule Chapter 14-78, have the opportunity to participate in, compete for and perform
subcontracts. Do not discriminate on the basis of age, race, color, religion, national
origin, sex or disability in the award and performance of DOT assisted Contracts.
Plan Requirements: Include the following in the DBE Affirmative Action Program
Plan:
(a) A policy statement, expressing a commitment to use DBEs in all aspects
of contracting to the maximum extent feasible. The policy making body
must issue a policy statement signed by the chairperson, which
expresses its commitment to utilize DBEs, outlines the various levels of
responsibly, and states the objectives of the program. Circulate the policy
statement throughout the Contractor's organization
(b) The designation of a Liaison Officer within the Contractor's organization,
as well as support staff, necessary and proper to administer the program,
and a description of the authority, responsibility, and duties of the Liaison
Officer and support staff. The Liaison Officer and staff are responsible for
developing, managing, and implementing the program on a day-to-day
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basis for carrying out technical assistance activities for DBEs and for
disseminating information on available business opportunities sot that
DBEs are provided an equitable opportunity to participate in Contract let
by the Department.
Use techniques to facilitate DBE participation in contracting activities which include,
but are not limited to:
1. Soliciting price quotations and arranging a time for the review of plans,
quantities, specifications, and delivery schedules, and for the
preparation and presentation of quotations.
2. Providing assistance to DBEs in overcoming barriers such as the
inability to obtain bonding, financing, or technical assistance.
3. Carrying out information and communication programs or workshops
on contracting procedures and specific contracting opportunities in a
timely manner, with such programs being bilingual where appropriate.
4. Encouraging eligible DBEs to apply for certification with the
Department.
5. Contacting Minority Contractor Associations and city and country
agencies with programs for disadvantaged individuals for assistance in
recruiting and encouraging eligible DBE contractors to apply for
certification with the Department.
DBE Records and Reports: Submit the Anticipated DBE Participation Statement at or
before the Pre-Construction Conference. Report monthly, through the Equal Opportunity
Reporting System on the Department's Website, actual payments, retainage, minority
status, and work type of all subcontractors and major suppliers. The Equal Opportunity
Office will provide instructions on accessing this system. Develop a record keeping
system to monitor DBE affirmative action efforts which include the following:
(a) the procedures adopted to comply with these Specifications;
(b) the number of subordinated Contracts on Department projects awarded to
DBEs;
(c) the dollar value of the Contracts awarded to DBEs;
(d) the percentage of the dollar value of all subordinated Contracts to DBEs
as a percentage of the total Contract amount;
(e) a description of the general categories of Contracts awarded to DBEs.
(f) The specific efforts employed to identify and award Contracts to DBEs.
Upon request, provide the records to the Department for review.
All such records are required to be maintained for a period of five (5) years
following acceptance of final payment and have them available for
inspection by the Department and the Federal Highway Administration.
10. Equal Employment Opportunity
(Florida Department of Transportation Guidelines and US Department of Labor
Emplovment Standards)
Equal Employment Opportunity Requirements:
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Equal Employment Opportunity Policy: Accept as the operating policy, the
following statement which is designed to further the provision of equal opportunity to all
persons without regard to their age, race, color, religion, national origin, sex, or disability
and to promote the full realization of equal employment opportunity through a positive
continuing program:
"It is the policy of this Company to assure that applicants are employed, and that
employees are treated during employment, without regard to their age, race, religion,
color national origin, sex or disability. Such action must include: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of payor other forms of compensation; and selection for training,
including apprenticeship, pre-apprenticeship, and/or on-the-job training."
Equal Employment Opportunity Officer: Designate and make known to the
Department's contracting officers and equal employment opportunity officer (hereinafter
referred to as the EEO Officer) who must be capable of effectively administering and
promoting an active Contractor program employment opportunity and who must be
assigned adequate authority and responsibility to do so.
Dissemination of Policy: All members of the Contractor's staff who are authorized
to hire, supervise, promote, and discharge employees, or who recommend such action,
or who are substantially involved in such action ,will be made fully cognizant of, and will
implement, the Contractor's equal employment opportunity policy and contractual
responsibilities.
Recruitment: When advertising for employees, include in all advertisements for
employees the notation "An Equal Opportunity Employer".
Personnel Actions: Establish and administer wages, working conditions,
employee benefits, and personnel actions of every type, including hiring, upgrading,
promotion, transfer, demotion, layoff, and termination without regard to age, race, color,
religion, national origin, sex, or disability.
Follow the following procedures:
1. Conduct periodic inspections of project sites to ensure that working conditions
and employee facilities do not indicate discriminatory treatment of project
site personnel.
2. Periodically evaluate the spread of wages paid with each classification to
determine any evidence of discriminatory wage practices.
3. Periodically review selected personnel actions in depth to determine
whether there is evidence of discrimination. Where evidence if found,
promptly take corrective action. If the review indicates that the discrimination
may extend beyond the actions reviewed, such corrective action must
include all affected persons.
4. Investigate all complaints of alleged discrimination made in connect with
obligations under this Contract, attempt to resolve such complaints, and
take appropriate corrective action. If the investigation indicates that the
discrimination may affect persons other than the complainant, such
GC-CA-I-15
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corrective action must include such other persons. Upon completion of each
investigation inform every complainant of all of the avenues of appeal.
Subcontracting: Use the best efforts to ensure subcontractor compliance with their
equal employment opportunity policy.
Records and Reports: Keep such records as are necessary to determine
compliance with the equal employment opportunity obligations. The records kept will be
designed to indicate the following:
1. The number of minority and non-minority group members employed in each
work classification on the project.
2. The progress and efforts being made in cooperation with unions to increase
minority group employment opportunities (applicable only to Contractors
who rely in whole or in part on unions as a source of their work force).
3. The progress and efforts being made in locating, hiring, training, qualifying,
and upgrading minority group employees as deemed appropriate to comply
with their Equal Employment Opportunity Policy.
4. The progress and efforts being made in securing the services of minority
group subcontractors or subcontractors with meaningful minority group
representation among their employees as deemed appropriate to comply
with their Equal Employment Opportunity Policy.
All such records must be retained for a period of three years following completion of
the contract work and be available at reasonable times and places for inspection by
authorized representatives to the Department and the Feral Highway Administration.
Upon request, submit to the Department a report of the number of minority and non-
minority group employees currently engaged in each work classification required by the
Contract work.
Executive Order 11246, As Amended
Executive Order 11246-Equal Employment Opportunity
SOURCE: The provisions of executive Order 11246 of September 24, 1965, appear
at 30 FR 12319, 12935,3 CFR, 1964-1965 Comp., p. 339, unless otherwise noted.
Under and by virtue of the authority vested in me as President of the United States
by the Constitution and statutes of the United States, it is ordered as follows:
Part I-Nondiscrimination in Government Employment
[Part I superseded by EO 11478 of August 8, '69, 34 FR 12985, 3 CFR, 1966-1970
Comp., p. 803]
Part II-Nondiscrimination in Employment by Government Contractors and
Subcontractors
GC-CA-I-16
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Subpart A-Duties of the Secretary of Labor
SEC. 201. The Secretary of Labor shall be responsible for the administration and
enforcement of Parts II and III of this Order. The Secretary shall adopt such results and
regulations and issue such orders as are deemed necessary and appropriate to achieve
the purposes of Parts II and III of this Order.
[Sec. 201 amended by EO 12086 of October 5, 1978,43 FR 46501,3 CFR, 1978
Comp., p. 230]
Subpart B-Contractor's Agreements
Sec. 202. Except in contract exempted in accordance with Section 204 of this
Order, all Government contracting agencies shall include in every Government contract
hereafter entered into the following provisions:
During the performance of this contract, the contractor agrees as follows:
1) The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The
contractor will take affirmative action to ensure that applicants are employed, and
the employees are treated during employment, without regard to their race, color,
religion, sex, or national origin. Such action shall include, but not be limited to the
following: employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of payor other forms of
compensation; and selection for training, including apprenticeship. The contractor
agrees to post in conspicuous places available to employees and applicants for
employment, notices to be provided by the contracting officer setting forth the
provisions of this nondiscrimination clause.
2) The contractor will, in all solicitations or advancements for employees placed by
or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, or
national origin.
3) The contractor will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or
understanding, a notice, to be provided by the agency contracting officer,
advising the labor union or worker's representative of the contractor's
commitments under Section 202 of Executive Order No. 11246 of September 24,
1965, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
4) The contractor will comply with all provisions of Executive Order No. 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
5) The contractor will furnish all information and reports required by Executive Order
No. 11246 of September 24, 1965, and by the rules, regulations, and orders of
the Secretary of Labor, or pursuant thereto, and will permit access to his books,
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records, and accounts by contracting agency and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules, regulations,
and orders.
6) In the event of the contractor's noncompliance with the nondiscrimination clauses
of this contract with any of such rules, regulations, or orders, this contract may
be cancelled, terminated, or suspended in whole or in part and the contractor
may be declared ineligible for further Government contracts in accordance with
procedures.
7) The contractor will include the provisions of paragraphs (1) through (7) in every
subcontract or purchase order unless exempted by rules, regulations, or orders
of the Secretary of Labor issued pursuant to Section 204 of Executive Order No.
11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The contractor will take such action with respect to any
subcontract or purchase order as may be directed by the Secretary of Labor as a
means of enforcing such provisions including sanctions for noncompliance:
Provided, however, that in the event the contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such
direction, the contractor may request the United States to enter into such
litigation to protect the interest of the Untied States. [Sec. 202 amended by EO
11375 of October 3, 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684, EO
12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230]
Sec. 203. (a) Each contractor having a contract containing the provisions prescribed
. in Section 202 shall file, and shall cause each of his subcontractors to file, Compliance
Reports with the contracting agency or the Secretary of Labor as may be directed.
Compliance Reports shall be file within such times and shall contain such information as
to the practices, policies, programs, and employment policies, programs, and
employment statistics of the contractor and each subcontractor, and shall be in such
form, as the Secretary of Labor may prescribe.
(b) Bidders or prospective contractors or subcontractors may be required to state
whether they have participated in any previous contract subject to the provisions of this
Order, or any preceding similar Executive Order, and in that event to submit, on behalf
of themselves and their proposed subcontractors, Compliance Reports prior to or as an
initial part of their bid or negotiation of a contract.
(c) Whenever the contract or subcontractor has a collective bargaining agreement or
other contract or understanding with a labor union or any agency referring workers to
providing or supervising apprenticeship or training for such workers, the Compliance
Report shall include such information as to such labor union's or agencies practices and
policies affecting compliance as the Secretary of Labor may prescribe. Provided, that to
the extent such information is within the exclusive possession of a labor union or an
agency referring workers or providing or supervising apprenticeship or training and such
labor union or agency shall refuse to furnish such information to the contractor, the
contractor shall so certify to the Secretary of Labor as part of its Compliance Report and
shall set forth what efforts he has made to obtain such information.
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(d) The Secretary of Labor may direct that any bidder or prospective contractor or
subcontractor shall submit, as part of his Compliance Report, a statement in writing,
signed by an authorized officer or agent on behalf of any labor union or any agency
referring workers or providing or supervising apprenticeship or other training, with which
the bidder or prospective contractor deals, with supporting information. To the effect that
the signer's practices and policies do not discriminate on the grounds of race, color,
religion. sex or national origin, and that the signer either affirmatively cooperate in the
implementation of the policy and provisions of the Order or that it consents and agrees
that recruitment, employment, and the terms and conditions of employment under the
proposed contract shall be in accordance with the purposes and provisions of the order.
In the event that the union, or the agency shall refuse to execute such a statement, the
Compliance Report shall so certify and set forth what efforts have been made to secure
such statement and such additional factual material as the Secretary of Labor may
require.
[Sec. 203 amended by EO 11375 of October 13, 1967, 32 FR 14303, 3 CFR,
10966-1970 Comp., p. 684; EO 12086 of October 5, 1978,43 FR 46501,3 CFR, 1978
Comp., p. 230]
Sec. 204 (a) The Secretary of Labor may, when the Secretary deems that special
circumstances in the national interest so require, exempt a contracting agency from the
requirement of including any or all of the provisions of Section 202 of this Order in any
specific contract, subcontract, or purchase order.
(b) The Secretary of Labor may, by rule or regulation, exempt certain classes of
contracts, subcontractors, or purchase orders (1) whenever work is to be or has been
performed outside the Untied Sates and no recruitment of workers within the limits of
the United States is invoiced; (2L for standard commercial supplies or raw materials;
(3) involving less than specified amounts of money or specified numbers of workers; or
(4) to be the extent that they involve subcontracts below a specified tier.
(c) Section 202 of this Order shall not apply to a Government contractor or
subcontractor that is a religion corporation, association, educational institution, or
society, with respect to the employment of individuals of a particular religion to perform
work connected with the carrying on by such corporation, association, educational
institution, or society of its activities. Such contractor and subcontractors are not
exempted or excused from complying with the other requirements contained in this
Order.
(d) The Secretary of Labor may also provide, by rule, regulation, or order, for the
exemption of facilities of a contractor that are in all respects separate and distinct from
activities of the contractor related to the performance of the contract: provided, that such
an exemption will not interfere with or impede the effectuation of the purposed of this
Order: and provide further, that in the absence of such an exemption all facilities shall
be covered by the provisions of this Order.
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[Sec. 204 amended by EO 13279 of December 9,200267 FR 77141, e CFR, 2002
Comp., p. 77141-77144]
Part C-Powers and Duties of the Secretary of Labor and the Contracting
Agencies
Sec. 205 The Secretary of Labor shall be responsible for securing compliance by all
Government contractors and subcontractors with this Order and any implementing rules
or regulations. All contracting agencies shall comply with the terms of this Order and
any implementing rules, regulations, or orders of the Secretary of Labor. Contracting
agencies shall cooperate with the Secretary of Labor and shall furnish such information
and assistance as the Secretary may require.
[Sec 205- amended by EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978
Comp., p. 230]
Sec 206 (a) The Secretary of Labor may investigate the employment practices of
any Government contractor or subcontractor to determine whether or not the contractual
provisions specified I Section 202 of this Order have been violated. Such investigation
shall be conducted in accordance with the procedures established by the Secretary of
Labor.
(b) The Secretary of Labor may receive and investigate complaints by employees or
prospective employees of a Government contractor or subcontractor which allege
discrimination contrary to the contractual provisions specified in Section 202 of this
Order.
[Sec 206 amended by EO 12086 of October 5mm 1978,43 FR 46501,3 CFR, 1978
Comp., p. 230]
Sec 207 The Secretary of Labor shall use hislher best efforts, directly and through
interested Federal, State, and local agencies, contractors, and all other available
instrumentalities to cause any labor union engaged in work under Government contracts
or any agency referring workers or providing or supervising apprenticeship or training
for or in the course of such work to cooperate in the implementation of the purposes of
this Order. The Secretary of Labor shall, in appropriate cases, notify the Equal
Employment Opportunity Commission, the Department of Justice, or other appropriate
Federal agencies whenever it has reason to believe that the practices of any such labor
organization or agency violate Title VI or Title VII of the Civil Rights Act of 1964 or other
provision of Federal law.
[Sec 207 amended by EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978
Comp., p. 230]
Sec 208 (a) The Secretary of Labor, or any agency, officer, or employee in the
executive branch of the Government designated by rule, regulation. Or order of the
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Secretary, may hold such hearings, public or private, as the Secretary may deem
advisable for compliance, enforcement, or educational purposes.
(b) The Secretary of Labor may hold, or cause to be held, hearing in accordance
with subsection of this Section prior to imposing, ordering, or recommending the
imposition of penalties and sanctions under this Order. No order for debarment of any
contractor from further Government contacts under Section 209(6) shall be made
without affording the contractor an opportunity for a hearing.
Subpart D-Sanctions and Penalties
Sec 209 In accordance with such rules, regulations, or orders as the Secretary of
Labor may issue or adopt, the Secretary may:
(1) Publish, or cause to be published, the names of contractors or unions which it
has concluded have complied or have failed to comply with the provisions of this
Order or of the rules, regulations, and orders of the Secretary of Labor.
(2) Recommend to the Department of Justice that, in cases in which there is
substantial or material violation or the threat of substantial or material violation of
the contractual provisions set forth in Section 202 of this Order, appropriate
proceedings be brought to enforce those provisions, including the enjoying,
within the limitations of applicable law, of organizations, individuals, or groups
who prevent directly or indirectly, or seek to present directly or indirectly,
compliance with the provisions of this Order.
(3) Recommend to the Equal Employment Opportunity Commission or the
Department of Justice that appropriate proceedings be instituted under Title VII
of the Civil Rights Act 0 1964.
(4) Recommend to the Department of Justice that criminal proceedings be brought
for the furnishing of false information to any contracting agency or to the
Secretary of Labor as the case may be.
(5) After consulting with the contracting agency, direct the contracting agency to
cancel, terminate, suspend, or cause to be cancelled, terminated or suspended,
any contract, or any portion or portions thereof, for failure of the contractor or
subcontractor to comply with equal employment opportunity provisions of the
contract. Contracts may be cancelled, terminated, or suspended absolutely or
continuance of contracts may be conditions upon a program for future
compliance approved by the Secretary of labor.
(6) Provide that any contracting agency shall refrain from entering into further
contracts, or extensions or other modifications of existing contracts, with any
non-complying contractor, until such contractor has satisfied the Secretary of
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Labor that such contractor has established and will carry out personnel and
employment policies in compliance with the provisions of this Order.
(b) Pursuant to rules and regulations prescribed by the Secretary of Labor, the
Secretary shall make reasonable efforts, within a reasonable time limitation, to
secure compliance with the contract provisions of this Order by methods of
conference, conciliation, mediation, and persuasion before proceedings shall be
instituted under subsection (a)(2) of this Section, or before a contract shall be
cancelled or terminated in whole or in part under subsection (a)(5) of this
Section.
[Sec 209 amended by EO 12086 of October 5, 1978, 43FR 46501, 3 CFR, 1978 Comp.,
p.230]
Sec 210 Whenever the Secretary of Labor makes a determination under Section
209, the Secretary shall promptly notify the appropriate agency. The agency shall take
the action directed by the Secretary and shall report the results of the action it has taken
to the Secretary of Labor within such time as the Secretary shall specify. If the
contracting agency fails to take the action directed within thirty (30) days, the Secretary
may take the action directly.
[Sec 210 amended by EO 12086 of October 5, 1978,43 FR 46501,3 CFR, 1978
Comp., p. 230]
Sec 211 If the Secretary shall so direct, contracting agencies shall not enter into
contracts with any bidder or prospective contractor unless the bidder of prospective
contractor has satisfactorily complied with the provisions of this Order or submits a
program for compliance acceptable to the Secretary of Labor.
[Sec 211 amended by EO 12086 of October 5, 1978,43 FR 46501,3 CFR, 1978
Comp., p. 230]
Sec 212 When a contract has been cancelled or terminated under Section 209(a)(5)
or a contractor has been debarred from further Government contracts under Section
209(a)(6) of this Order, because of noncompliance with the contract provisions specified
in Section 202 of this Order the Secretary of Labor shall promptly notify the Comptroller
General of the Untied States.
[Sec 212 amended by EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978
Comp., p. 230]
Subpart E-Certificates of Merit
Sec 213 The Secretary of labor may provide for issuance of a United States
Government Certificate of Merit to employers or labor unions, or other agencies which
are or may hereafter be engaged in work under Government contracts, if the Secretary
is satisfied that the personnel and employment practices of the employer, or that the
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personnel, training, apprenticeship, membership, grievance and representation,
upgrading, and other practices and polices of the labor union or other agency conform
to the purposes and provisions of this Order.
Sec 214 Any Certificate of Merit may at any time be suspended or revoked by the
Secretary of Labor If the holder thereof, in the judgment of the Secretary, has failed to
comply with the provisions of this Order.
Sec 215 The Secretary of Labor may provide for the exemption of any employer,
labor union, or other agency from any reporting requirements imposed under or
pursuant to this Order if such employer, labor union, or other agency has been awarded
a Certificate of Merit which has not been suspended or revoked.
Part III - Nondiscrimination Provisions in Federally Assisted Construction
Contracts
Sec 301 Each executive department and agency, which administers a program
involving Federal financial assistance shall require as a condition for the approval of any
grant, contract, loan, insurance, or guarantee thereunder, which may involve a
construction contract, that the applicant for Federal assistance undertake and agree to
incorporate, or cause to be incorporated, into all construction contracts paid for in whole
or in part with funds obtained from the Federal Government or borrowed on the credit of
the Federal Government pursuant to such grant, contract, loan, insurance, or
guarantee, or undertaken pursuant to any Federal program involving such grant,
contract, loan, insurance, or guarantee the provisions prescribed for Government
contracts by Section 202 of this Order or such modification thereof, preserving in
substance the contractor's obligations thereunder, as may be approved by the
Secretary of Labor, together with such additional provisions as the Secretary deems
appropriate to establish and protect the interest of the United States in the enforcement
of those obligations. Each such applicant shall also undertake and agree (1) to assist
and cooperate actively with the Secretary of Labor in obtaining the compliance of
contractors and subcontractors with those contract provisions and with the rules,
regulations and relevant orders of the Secretary, (2) to obtain and to furnish to the
Secretary of Labor such information as the Secretary may require for the supervision of
such compliance, (3) to carry out sanctions and penalties for violation of such
obligations imposed upon contractors and subcontractors by the Secretary of labor
pursuant to Part II, Subpart D, of this Order, and (4) to refrain from entering into any
contract subject to this Order, or extension or other modification of such a contract with
a contractor debarred from Government contracts under Part II, Subpart D, of this
Order.
[Sec 301 amended by OE 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978
Comp., p 230]
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Sec 302 (a) "Construction contract" as used in this Order means any contract for the
construction, rehabilitation, alteration, conversion, extension, or repair of buildings,
highways, or other improvements to real property.
(b) The provisions of Part II of this Order shall apply to such construction contracts,
and for purposes of such application the administering department or agency shall be
considered the contracting agency referred to therein.
(c) The term "applicant" as used in this Order means an applicant for Federal
assistance or, as determined by agency regulation, other program participant, with
respect to whom an application for any grant, contract, loan, insurance, or guarantee is
not finally acted upon prior to the effective date of this Part, and it includes such an
applicant after he/she becomes a recipient of such Federal assistance.
Sec 303 (a) The Secretary of Labor shall be responsible for obtaining the
compliance of such applicants with their undertakings under this Order. Each
administering department and agency id directed to cooperate with the Secretary of
Labor and to furnish the Secretary such information and assistance as the Secretary
may require in the performance of the Secretary's functions under this Order.
(b) In the event an applicant fails and refuses to comply with the applicant's
undertakings pursuant to this Order, the Secretary of Labor may, after consulting with
the administering department or agency, take any or all of the following actions: (1)
direct any administering department or agency to cancel, terminate, or suspend in
whole or in part the agreement, contract or other arrangement with such applicant with
respect to which the failure or refusal occurred; (2) direct any administering department
or agency to refrain form extending any further assistance to the applicant under the
program with respect to which the failure or refusal occurred until satisfactory assurance
of future compliance has been received by the Secretary of Labor from such applicant;
and (3) refer the case to the Department of Justice or the Equal Employment
Opportunity Commission for appropriate law enforcement or other proceedings.
(c) In no case shall action be taken with respect to an appliance pursuant to clause
(1) or (2) of subsection (b) without notice and opportunity for hearing.
[Sec 303 amended by EO 12086 of October 1978, 43 FR 46501, 3 CFR, 1978 Comp., p
230]
Sec 304 Any executive department or agency which imposes by rule, regulation or
order requirements of nondiscrimination in employment, other than requirements
imposed pursuant to this Order, may delegate to the Secretary of Labor by agreement
such responsibilities with respect to compliance standards, reports, and procedures as
would tend to bring the administration of such requirements into conformity with the
administration of requirements imposed under this Order: Provided, that actions to
effect compliance by recipients of Federal financial assistance with requirements
imposed pursuant to Title VI of the Civil Rights Act of 1964 shall be taken in conformity
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with the procedures and limitation prescribed in Section 602 thereof and the regulations
of the administering department of agency issued thereunder.
Part IV Miscellaneous
Sec 401 The Secretary of Labor may delegate to any officer, agency, or employee
in the Executive branch of the Government, any function or duty of the Secretary under
Parts II and III of this Order.
[Sec 401 amended by EO 12086 of October 5,1978,43 FR 46501,3 CFR, 1978
Comp., p 230]
Sec 402 The Secretary of Labor shall provide administrative support for the
execution of the program known as the "Plans for Progress."
Sec 403 Executive Orders Nos. 10590 (January 19, 1955), 10722 (August 5, 1957),
10925 (March 6, 1961), 11114 (June 22, 1963 and, 11162 (July 28, 1964), are hereby
superseded and the President's Committee On Equal Employment Opportunity
established by Executive Order No. 10925 is hereby abolished. All records and property
in the custody of the Committee shall be transferred to the Office of Personnel
Management and the Secretary of Labor, as appropriate.
(b) Nothing in this Order shall be deemed to relieve any person of any obligation
assumed or imposed under or pursuant to any Executive Order superseded by this
Orders. All rules, regulations, orders, instructions, designations, and other directives
issued by the President's Committee 0 Equal Employment Opportunity and those
issued by the heads of various departments or agencies under or pursuant to any of the
Executive orders superseded by this Order, shall, to the extent that they are not
inconsistent with this Order, remaining in full force and effect such directives to
provisions of the superseded orders shall be deemed to be references to the
comparable provisions of this Order.
[Sec 403 amended by EO 12107 of December 28, 1978,44 FR 1055, 3 CFR, 1978 Comp.,
p 264]
Sec 404 The General Services Administration shall take appropriate action to revise
the standard Government contract forms to accord with the provisions of this Order and
of the rules and regulations of the Secretary of Labor.
Sec 405 This Order shall be come effective thirty (30) days after the date of this
Order.
11. Equipment Rental Rates
(8-1 Florida Department of Transportation Guidelines)
GC-CA-I-25
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The limitations set forth in 8-1, concerning the amount of work that may be sublet,
do not apply to work performed by equipment rental agreement. However, for any work
proposed to be performed by equipment rental agreement, notify the Engineer in writing
of such intention before using the rented equipment, and indicate whether the
equipment will be rented on an operated or non-operated basis. Include with the written
notice a listing and description of the equipment and a description of the particular work
to be performed with such equipment. As an exception to the above requirements, the
Department will not require written notice for equipment to be rented (without operators)
from an equipment dealer or from a firm whose principal business is the renting or
leasing of equipment.
The operators of all rented equipment, whether rented on an operated or a non-
operated basis are operators are subject to all wage rate requirements applicable to the
project. When renting equipment without operators, the Contractor shall carry the
operators on his own payroll. For equipment that is rented on a non-operated basis, and
when required by the Contract or requested by the Engineer, furnish payrolls from the
lessor with the names of the operators shown thereon.
When a lessor provides rentals of equipment on an operated basis that exceed
$10,000, such lessor is subject to any Equal Employment Opportunity requirements that
are applicable to the project.
12. Foreign Contractor and Supplier Restriction
(Florida Department of Transportation Guidelines and US Department of Labor
Emplovment Standards)
For Federal-aid Contracts, only use steel and iron produced in the United States, in
accordance with the Buy America provisions of 23 CFF 635.410, as amended. Ensure
that all manufacturing process for this material occur in the United States. As used in
this specification, a manufacturing process is any process that modifies the chemical
content, physical shape or size, or final finish of a product, beginning with the initial
melding and mixing and continuing through the bending an coating stages. A
manufactured steel or iron product is complete only when all grinding, drilling, welding,
finishing and coating have been completed. If a domestic product is taken outside the
United States for any process, it becomes foreign source material. When using steel
and iron as a component of any manufactured product incorporated into the project
(e.g., concrete pipe, prestressed beams, corrugated steel pipe, etc.), these same
provisions apply, except that the manufacturer may use minimal quantities of foreign
steel and iron when the cost of such foreign materials does not exceed 0.1 % of the total
Contract amount or $2,500, whichever is greater. These requirements are applicable to
all steel and iron materials incorporated into the finished work, but are not applicable to
steel and iron items that the Contractor uses but does not incorporate into the finished
work. Provide a certification from the producer of steel or iron, or any product
containing steel or iron as a component, stating that all steel or iron furnished or
incorporated into the furnished product was manufactured in the United States in
accordance with the requirements of this specification and the Buy America provisions
GC-CA+26
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of 23 CFR 635.410, as amended. Such certification shall also include (1) a statement
that the product was produced entirely within the United States, or (2) a statement that
the product was produced within the United States except for minimal quantities of
foreign steel and iron valued at $(actual value). Furnish each certification to the
Engineer prior to incorporating the material into the project. When FHWA allows the
use of foreign steel on a project, furnish invoices to document the cost of such material,
and obtain the Engineer's written approval prior to incorporating the material into the
project.
13. Incentive/Oisincentive Clauses
(Collier County Policy)
The County desires to expedite construction on this Contract to minimize the
inconvenience to the traveling public and to reduce the time of construction. In order to
achieve this, an incentive-disincentive provision is established for the Contract. The total
"incentive payment" or disincentive deduction shall not exceed $
The County will pay the Contractor an "incentive payment" in the amount of $
for each calendar day the actual completion date precedes the Original Contract Time
and subject to the conditions precedent set forth below. The term "Original Contract
Time" as used in this Article will mean the number of calendar days established for
completion of the work in the Contract on the date the Contract was executed. The term
"calendar day" as used in this Article will mean every day shown on the calendar.
Calendar days will be consecutively counted from commencement of Contract Time
regardless of weather, weekends, holidays, suspensions of Contractor's operations,
delays or other events as described herein. For purposes of the calculation and the
determination of entitlement to the "incentive payment" stated above, the Original
Contract Time will not be adjusted for any reason, cause or circumstance whatsoever,
regardless of fault, save and except in the instance of a catastrophic event (i.e.,
hurricane or a declared state of emergency).
The parties anticipate that delays may be caused by or arise from any number of events
during the course of the Contract, including, but not limited to, work performed, work
deleted, change orders, supplemental agreements, delays, disruptions, differing site
conditions, utility conflicts, design changes or defects, time extensions, extra work, right
of way issues, permitting issues, actions of suppliers, subcontractors or other
contractors, actions by third parties, shop drawing approval process delays, expansion
of the physical limits of the project to make it functional, weather, weekends, holidays,
suspensions of Contractor's operations, or other such events, forces or factors
sometimes experienced in highway construction work. Such delays or events and their
potential impacts on performance by the Contractor are specifically contemplated and
acknowledged by the parties in entering into this Contract, and shall not extend the
Original Contract Time for purposes of calculation of the "incentive payment" set forth
above. Further, any and all costs or impacts whatsoever incurred by the Contractor in
accelerating the Contractor's work to overcome or absorb such delays or events in an
effort to complete the Contract prior to expiration of the Original Contract Time,
GC-CA-I-27
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regardless of whether the Contractor successfully does so or not, shall be the sole
responsibility of the Contractor in every instance.
In the event of a catastrophic event (i.e., hurricane or a declared state of emergency)
directly and substantially affecting the Contractor's operations on the Contract, the
Contractor and the County shall agree as to the number of calendar days to extend the
Original Contract Time so that such extended Original Contract Time will be used in
calculation of the "incentive payment". In the event the Contractor and County are
unable to agree to the number of Calendar Days to extend the Original Contract Time,
the County will unilaterally determine the number of calendar days to extend the
Original Contract Time reasonably necessary and due solely to such catastrophic event
and the Contractor shall have no right whatsoever to contest such determination, save
and except that the Contractor establishes that the number of calendar days determined
by the County were arbitrary or without any reasonable basis. However,
notwithstanding anything above to the contrary, upon the Contractor's written request
being made directly to the Project Manager, with copies provided to both the Resident
Construction Engineer and the District Construction Engineer, the County reserves unto
the Project Manager, in his sole and absolute discretion, according to the parameters
set forth below, the authority to make a determination to either fully enforce the above
provisions with no modification, modify the "Original Contract Time" by moving it, or both
modify the "Original Contract Time" by moving it and also modify the "incentive amount"
by reducing it.
No modification of this "Incentive-Disincentive" provision will be considered by the
Project Manager for any impacts, whatsoever, beyond the reasonable control of the
Contractor, for which the effect results in a time extension of less than 15% of the time
remaining in the period from the first day of occurrence of such impact to the expiration
of the "Original Contract Time". Furthermore, as to any such impact, for which the effect
results in a time extension of 15% or more of the time remaining in the period from the
first day of occurrence of such impact to the expiration of the "Original Contract Time,"
no modification of this "Incentive-Disincentive" provision will be considered by the
Project Manager unless the Contractor clearly establishes that it has continuously from
the beginning of the project aggressively, efficiently and effectively pursued the
achievement of the "incentive payment". This would include the utilization of any and all
reasonably available means and methods to overcome all impacts and accelerate the
work so as to still achieve the "incentive payment", and that, but for this impact, the
Contractor would have otherwise earned the "incentive payment" provided in the original
Contract. Also, to the extent the request is not submitted in writing to the Project
Manager within not less than twenty (20) calendar days prior to the expiration of the
"Original Contract Time," the Contractor must also continue to aggressively, efficiently,
and effectively pursue the completion of the "Incentive-Disincentive" work. This would
include the utilization of any and all reasonably available means and methods to
overcome all impacts and accelerate the work, until a determination is made by the
Project Manager or twenty (20) calendar days has expired since such written request
was received by the Project Manager. There shall be no right of any kind on behalf of
GC-CA-I-28
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the Contractor to challenge or otherwise seek review or appeal in any forum, of any
determination made by the Project Manager under this provision.
The Contractor shall have no rights under the Contract to make any claim arising out of
this incentive payment provision except as is expressly set forth in this Article.
As conditions precedent to the Contractor's ~ntitlement to any "incentive payment" the
Contractor must:
(1) Deliver in-hand to the County any and all claims, in full accordance with Exhibit "H"-
General Terms and Conditions, Section 11 - Claims and Disputes
(2) Actually complete the Contract and obtain final acceptance by the County prior to
expiration of the Original Contract Time.
(3) No later than 60 days after final acceptance by the County, the Contractor must
either (a) elect to be paid the "incentive payment" pursuant to (4) below, or (b) notify the
County in writing that the Contractor is electing to be paid the "incentive payment" and is
reserving one or more outstanding claims for final and fully binding determination in
accordance with Exhibit "H" - General Terms and Conditions, Section 11 - Claims and
Disputes.
(4) The Contractor shall notify the County in writing, within 60 days after final
acceptance of the Contract by the County, that the Contractor elects to be paid the
"incentive payment" which the Contractor is eligible to be paid based on the actual final
acceptance date, and such written notice shall constitute a full and complete waiver,
release and acknowledgment of satisfaction by the Contractor of any and all claims,
causes of action, issues, demands, disputes, matters or controversies, of any nature or
kind whatsoever, known or unknown, against the County, its employees, officers,
agents, representatives, consultants, and their respective employees, officers and
representatives, the Contractor has or may have, including, but not limited to, work
performed, work deleted, change orders, supplemental agreements, delays, disruptions,
differing site conditions, utility conflicts, design changes or defects, time extensions,
extra work, right of way issues, permitting issues, actions of suppliers or subcontractors
or other contractors, actions by third parties, shop drawing approval process delays,
expansion of the physical limits of the project to make it functional, weather, weekends,
holidays, suspensions of the Contractor's operations, extended or unabsorbed home
office or job site overhead, lump sum maintenance of traffic adjustments, lost profits,
prime mark-up on subcontractor work, acceleration costs, any and all direct and indirect
costs, any other adverse impacts, events, conditions, circumstances or potential
damages, on or pertaining to, or as to or arising out of the Contract. This waiver, release
and acknowledgment of satisfaction shall be all-inclusive and absolute, save and except
any routine County final estimating quantity adjustments.
Should the Contractor fail to actually complete the Contract and obtain final acceptance
by the County prior to expiration of the Original Contract Time, or should the Contractor,
having timely completed the Contract and obtained final acceptance by the County prior
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to expiration of the Original Contract Time but having failed to timely request the
"incentive payment" for any reason, and including but not limited to the Contractor
choosing not to either reserve one or more outstanding claims in accordance with
Exhibit "H" - General Terms and Conditions, Section 11 - Claims and Disputes for final
and fully binding determination as set forth in (3)(b) above, or to fully waive, release and
acknowledge satisfaction as set forth in (4) above, the Contractor shall have no right to
any payment whatsoever under this Article. Notwithstanding the Contractor's election or
non-election of the "incentive payment" under this provision, the disincentive provision
applies to all circumstances where the work in the Contract is not finally accepted by the
Allowable Contract Time.
Completion and acceptance of the Contract for purposes of this Article shall be in
accordance with Exhibit "H" - General Terms and Conditions, Section 20 - Completion.
Should the Contractor fail to complete the Contract on or before expiration of the
Allowable Contract Time, as adjusted in accordance with Exhibit "H" - General Terms
and Conditions, Section 9 - Contract Time and Time Extensions, the County shall
deduct liquidated damages for each calendar day completion exceeds the Allowable
Contract Time, from the monies otherwise due the Contractor. The term "Allowable
Contract Time" as used in this Article shall mean the Original Contract Time plus
adjustments pursuant Exhibit "H" - General Terms and Conditions, Section 9 - Contract
Time and Time Extensions. This deduction shall be the disincentive for the Contractor's
failing to timely complete the Contract. Liquidated damages remain in effect and is
applicable in accordance with Section 5 of the Construction Agreement. In the event
the Contractor elects to exercise this "incentive payment" provision, should this
provision conflict with any other provision of the Contract, the Contract shall be
interpreted in accordance with this provision.
14. Indian Preference On Federal-aid Projects
Provision excluded from this contract.
15. FHWA-1273
(Florida Department of Transportation Policy)
Required Contract Provisions Federal-Aid Construction Contracts
Required Contract Provisions Federal-Aid Construction Contracts
I. General
II. Nondiscrimination
III. Nonseqreqated Facilities
IV. Payment of Predetermined Minimum Waqe
V. Statements and Payrolls
VI. Record of Materials. Supplies. and Labor
VII. Sublettinq or Assiqninq the Contract
VIII. Safety: Accident Prevention
IX. False Statements Concerninq Hiqhway Proiects
X. Implementation of Clean Air Act and Federal Water Pollution Control Act
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XI. Certification Reqardinq Debarment, Suspension Ineliqibility, and Voluntary
Exclusion
XII. Certification Reqardinq Use of Contract Funds for Lobbyinq
Attachments
Employment Preference for Appalachian Contracts (included in Appalachian
contracts only)
GENERAL
1. These contract provisions shall apply to all work performed on the contract
by the contractor's own organization and with the assistance of workers under the
contractor's immediate superintendence and to all work performed on the contract
by piecework, station work, or by subcontract.
2. Except as otherwise provided for in each section, the contractor shall
insert in each subcontract all of the stipulations contained in these Required
Contract Provisions, and further require their inclusion in any lower tier subcontract
or purchase order that may in turn be made. The Required Contract Provisions shall
not be incorporated by reference in any case. The prime contractor shall be
responsible for compliance by any subcontractor or lower tier subcontractor with
these Required Contract Provisions.
3. A breach of any of the stipulations contained in these Required Contract
Provisions shall be sufficient grounds for termination of the contract.
4. A breach of the following clauses of the Required Contract Provisions may
also be grounds for debarment as provided in 29 CFR 5.12:
. Section I, paragraph 2;
. Section IV, paragraphs 1, 2, 3, 4, and 7;
. Section V, paragraphs 1 and 2a through 2g.
5. Disputes arising out of the labor standards provisions of Section IV
(except paragraph 5) and Section V of these Required Contract Provisions shall not
be subject to the general disputes clause of this contract. Such disputes shall be
resolved in accordance with the procedures of the U.S. Department of Labor (DOL)
as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause
include disputes between the contractor (or any of its subcontractors) and the
contracting agency, the DOL, or the contractor's employees or their representatives.
6. Selection of labor: During the performance of this contract, the
contractor shall not:
a. discriminate against labor from any other State, possession, or territory of
the United States (except for employment preference for Appalachian contracts,
when applicable, as specified in Attachment A), or
b. employ convict labor for any purpose within the limits of the project unless
it is labor performed by convicts who are on parole, supervised release, or
probation.
II. NONDISCRIMINATION
(Applicable to all Federal-aid construction contracts and to all related subcontracts
of $1 0,000 or more.)
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1. Equal Employment Opportunity: Equal employment opportunity (EEO)
requirements not to discriminate and to take affirmative action to assure equal
opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35,
29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by
the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall
constitute the EEO and specific affirmative action standards for the contractor's
project activities under this contract. The Equal Opportunity Construction Contract
Specifications set forth under 41 CFR 60-4.3 and the provisions of the American
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29
CFR 1630 are incorporated by reference in this contract. In the execution of this
contract, the contractor agrees to comply with the following minimum specific
requirement activities of EEO:
The contractor will work with the State highway agency (SHA) and the
Federal Government in carrying out EEO obligations and in their review of his/her
activities under the contract.
a. The contractor will accept as his operating policy the following statement:
"It is the policy of this Company to assure that applicants are employed, and that
employees are treated during employment, without regard to their race, religion,
sex, color, national origin, age or disability. Such action shall include: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of payor other forms of compensation; and selection for training,
including apprenticeship, preapprenticeship, and/or on-the-job training."
2. EEO Officer: The contractor will designate and make known to the SHA
contracting officers an EEO Officer who will have the responsibility for and must be
capable of effectively administering and promoting an active contractor program of
EEO and who must be assigned adequate authority and responsibility to do so.
3. Dissemination of Policy: All members of the contractor's staff who are
authorized to hire, supervise, promote, and discharge employees, or who
recommend such action, or who are substantially involved in such action, will be
made fully cognizant of, and will implement, the contractor's EEO policy and
contractual responsibilities to provide EEO in each grade and classification of
employment. To ensure that the above agreement will be met, the following actions
will be taken as a minimum:
Periodic meetings of supervisory and personnel office employees will be
conducted before the start of work and then not less often than once every six
months, at which time the contractor's EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by the EEO Officer.
a. All new supervisory or personnel office employees will be given a
thorough indoctrination by the EEO Officer, covering all major aspects of the
contractor's EEO obligations within thirty days following their reporting for duty with
the contractor.
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b. All personnel who are engaged in direct recruitment for the project will be
instructed by the EEO Officer in the contractor's procedures for locating and hiring
minority group employees.
c. Notices and posters setting forth the contractor's EEO policy will be placed
in areas readily accessible to employees, applicants for employment and potential
employees.
d. The contractor's EEO policy and the procedures to implement such policy
will be brought to the attention of employees by means of meetings, employee
handbooks, or other appropriate means.
4. Recruitment: When advertising for employees, the contractor will include
in all advertisements for employees the notation: "An Equal Opportunity Employer."
All such advertisements will be placed in publications having a large circulation
among minority groups in the area from which the project work force would normally
be derived.
The contractor will, unless precluded by a valid bargaining agreement,
conduct systematic and direct recruitment through public and private employee
referral sources likely to yield qualified minority group applicants. To meet this
requirement, the contractor will identify sources of potential minority group
employees, and establish with such identified sources procedures whereby minority
group applicants may be referred to the contractor for employment consideration.
a. In the event the contractor has a valid bargaining agreement providing for
exclusive hiring hall referrals, he is expected to observe the provisions of that
agreement to the extent that the system permits the contractor's compliance with
EEO contract provisions. (The DOL has held that where implementation of such
agreements have the effect of discriminating against minorities or women, or
obligates the contractor to do the same, such implementation violates Executive
Order 11246, as amended.)
b. The contractor will encourage his present employees to refer minority
group applicants for employment. Information and procedures with regard to
referring minority group applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and employee benefits
shall be established and administered, and personnel actions of every type,
including hiring, upgrading, promotion, transfer, demotion, layoff, and termination,
shall be taken without regard to race, color, religion, sex, national origin, age or
disability. The following procedures shall be followed:
The contractor will conduct periodic inspections of project sites to insure
that working conditions and employee facilities do not indicate discriminatory
treatment of project site personnel.
a. The contractor will periodically evaluate the spread of wages paid within
each classification to determine any evidence of discriminatory wage practices.
b. The contractor will periodically review selected personnel actions in depth
to determine whether there is evidence of discrimination. Where evidence is found,
the contractor will promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed, such corrective action shall
include all affected persons.
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c. The contractor will promptly investigate all complaints of alleged
discrimination made to the contractor in connection with his obligations under this
contract, will attempt to resolve such complaints, and will take appropriate corrective
action within a reasonable time. If the investigation indicates that the discrimination
may affect persons other than the complainant, such corrective action shall include
such other persons. Upon completion of each investigation, the contractor will
inform every complainant of all of his avenues of appeal.
6. Training and Promotion:
The contractor will assist in locating, qualifying, and increasing the skills of
minority group and women employees, and applicants for employment.
a. Consistent with the contractor's work force requirements and as
permissible under Federal and State regulations, the contractor shall make full use
of training programs, i.e., apprenticeship, and on-the-job training programs for the
geographical area of contract performance. Where feasible, 25 percent of
apprentices or trainees in each occupation shall be in their first year of
apprenticeship or training. In the event a special provision for training is provided
under this contract, this subparagraph will be superseded as indicated in the special
provision.
b. The contractor will advise employees and applicants for employment of
available training programs and entrance requirements for each.
c. The contractor will periodically review the training and promotion potential
of minority group and women employees and will encourage eligible employees to
apply for such training and promotion.
7. Unions: If the contractor relies in whole or in part upon unions as a source
of employees, the contractor will use his/her best efforts to obtain the cooperation of
such unions to increase opportunities for minority groups and women within the
unions, and to effect referrals by such unions of minority and female employees.
Actions by the contractor either directly or through a contractor's association acting
as agent will include the procedures set forth below:
The contractor will use best efforts to develop, in cooperation with the
unions, joint training programs aimed toward qualifying more minority group
members and women for membership in the unions and increasing the skills of
minority group employees and women so that they may qualify for higher paying
employment.
a. The contractor will use best efforts to incorporate an EEO clause into each
union agreement to the end that such union will be contractually bound to refer
applicants without regard to their race, color, religion, sex, national origin, age or
disability.
b. The contractor is to obtain information as to the referral practices and
policies of the labor union except that to the extent such information is within the
exclusive possession of the labor union and such labor union refuses to furnish such
information to the contractor, the contractor shall so certify to the SHA and shall set
forth what efforts have been made to obtain such information.
c. In the event the union is unable to provide the contractor with a
reasonable flow of minority and women referrals within the time limit set forth in the
collective bargaining agreement, the contractor will, through independent
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recruitment efforts, fill the employment vacancies without regard to race, color,
religion, sex, national origin, age or disability; making full efforts to obtain qualified
and/or qualifiable minority group persons and women. (The DOL has held that it
shall be no excuse that the union with which the contractor has a collective
bargaining agreement providing for exclusive referral failed to refer minority
employees.) In the event the union referral practice prevents the contractor from
meeting the obligations pursuant to Executive Order 11246, as amended, and these
special provisions, such contractor shall immediately notify the SHA.
8. Selection of Subcontractors, Procurement of Materials and Leasing
of Equipment: The contractor shall not discriminate on the grounds of race, color,
religion, sex, national origin, age or disability in the selection and retention of
subcontractors, including procurement of materials and leases of equipment.
The contractor shall notify all potential subcontractors and suppliers of
his/her EEO obligations under this contract.
a. Disadvantaged business enterprises (DB E), as defined in 49 CFR 23,
shall have equal opportunity to compete for and perform subcontracts which the
contractor enters into pursuant to this contract. The contractor will use his best
efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with
meaningful minority group and female representation among their employees.
Contractors shall obtain lists of DBE construction firms from SHA personnel.
b. The contractor will use his best efforts to ensure subcontractor compliance
with their EEO obligations.
9. Records and Reports: The contractor shall keep such records as
necessary to document compliance with the EEO requirements. Such records shall
be retained for a period of three years following completion of the contract work and
shall be available at reasonable times and places for inspection by authorized
representatives of the SHA and the FHWA.
The records kept by the contractor shall document the following:
1. The number of minority and non-minority group members and women employed
in each work classification on the project;
2. The progress and efforts being made in cooperation with unions, when
applicable, to increase employment opportunities for minorities and women;
3. The progress and efforts being made in locating, hiring, training, qualifying, and
upgrading minority and female employees; and
4. The progress and efforts being made in securing the services of DBE
subcontractors or subcontractors with meaningful minority and female
representation among their employees.
The contractors will submit an annual report to the SHA each July for the
duration of the project, indicating the number of minority, women, and non-minority
group employees currently engaged in each work classification required by the
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contract work. This information is to be reported on Form FHWA-1391. If on-the-job
training is being required by special provision, the contractor will be required to
collect and report training data.
III. NONSEGREGATED FACILITIES
(Applicable to all Federal-aid construction contracts and to all related subcontracts
of $10,000 or more.)
a. By submission of this bid, the execution of this contract or subcontract, or
the consummation of this material supply agreement or purchase order, as
appropriate, the bidder, Federal-aid construction contractor, subcontractor, material
supplier, or vendor, as appropriate, certifies that the firm does not maintain or
provide for its employees any segregated facilities at any of its establishments, and
that the firm does not permit its employees to perform their services at any location,
under its control, where segregated facilities are maintained. The firm agrees that a
breach of this certification is a violation of the EEO provisions of this contract. The
firm further certifies that no employee will be denied access to adequate facilities on
the basis of sex or disability.
b. As used in this certification, the term "segregated facilities" means any
waiting rooms, work areas, restrooms and washrooms, restaurants and other eating
areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots,
drinking fountains, recreation or entertainment areas, transportation, and housing
facilities provided for employees which are segregated by explicit directive, or are, in
fact, segregated on the basis of race, color, religion, national origin, age or disability,
because of habit, local custom, or otherwise. The only exception will be for the
disabled when the demands for accessibility override (e.g. disabled parking).
c. The contractor agrees that it has obtained or will obtain identical
certification from proposed subcontractors or material suppliers prior to award of
subcontracts or consummation of material supply agreements of $10,000 or more
and that it will retain such certifications in its files.
IV. PAYMENT OF PREDETERMINED MINIMUM WAGE
(Applicable to all Federal-aid construction contracts exceeding $2,000 and to all
related subcontracts, except for projects located on roadways classified as local
roads or rural minor collectors, which are exempt.)
General:
All mechanics and laborers employed or working upon the site of the work will be
paid unconditionally and not less often than once a week and without subsequent
deduction or rebate on any account [except such payroll deductions as are
permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the
Copeland Act (40 U.S.C. 276c)] the full amounts of wages and bona fide fringe
benefits (or cash equivalents thereof) due at time of payment. The payment shall be
computed at wage rates not less than those contained in the wage determination of
the Secretary of Labor (hereinafter "the wage determination") which is attached
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hereto and made a part hereof, regardless of any contractual relationship which may
be alleged to exist between the contractor or its subcontractors and such laborers
and mechanics. The wage determination (including any additional classifications
and wage rates conformed under paragraph 2 of this Section IV and the DOL poster
(WH-1321) or Form FHWA-1495) shall be posted at all times by the contractor and
its subcontractors at the site of the work in a prominent and accessible place where
it can be easily seen by the workers. For the purpose of this Section, contributions
made or costs reasonably anticipated for bona fide fringe benefits under Section
1 (b)(2) of the Davis-Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics
are considered wages paid to such laborers or mechanics, subject to the provisions
of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular
contributions made or costs incurred for more than a weekly period (but not less
often than quarterly) under plans, funds, or programs, which cover the particular
weekly period, are deemed to be constructively made or incurred during such
weekly period. Such laborers and mechanics shall be paid the appropriate wage
rate and fringe benefits on the wage determination for the classification of work
actually performed, without regard to skill, except as provided in paragraphs 4 and 5
of this Section IV.
Laborers or mechanics performing work in more than one classification
may be compensated at the rate specified for each classification for the time
actually worked therein, provided, that the employer's payroll records accurately set
forth the time spent in each classification in which work is performed.
a. All rulings and interpretations of the Davis-Bacon Act and related acts
contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this
contract.
1. Classification:
The SHA contracting officer shall require that any class of laborers or
mechanics employed under the contract, which is not listed in the wage
determination, shall be classified in conformance with the wage determination.
a. The contracting officer shall approve an additional classification, wage rate
and fringe benefits only when the following criteria have been met:
1. the work to be performed by the additional classification requested is not
performed by a classification in the wage determination;
2. the additional classification is utilized in the area by the construction industry;
3. the proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage determination; and
4. with respect to helpers, when such a classification prevails in the area in
which the work is performed
b. If the contractor or subcontractors, as appropriate, the laborers and
mechanics (if known) to be employed in the additional classification or their
representatives, and the contracting officer agree on the classification and wage
rate (including the amount designated for fringe benefits where appropriate), a
report of the action taken shall be sent by the contracting officer to the DOL,
Administrator of the Wage and Hour Division, Employment Standards
Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an
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authorized representative, will approve, modify, or disapprove every additional
classification action within 30 days of receipt and so advise the contracting officer or
will notify the contracting officer within the 30-day period that additional time is
necessary.
c. In the event the contractor or subcontractors, as appropriate, the laborers
or mechanics to be employed in the additional classification or their representatives,
and the contracting officer do not agree on the proposed classification and wage
rate (including the amount designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the views of all interested
parties and the recommendation of the contracting officer, to the Wage and Hour
Administrator for determination. Said Administrator, or an authorized representative,
will issue a determination within 30 days of receipt and so advise the contracting
officer or will notify the contracting officer within the 30-day period that additional
time is necessary
d. The wage rate (including fringe benefits where appropriate) determined
pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers
performing work in the additional classification from the first day on which work is
performed in the classification.
2. Payment of Fringe Benefits:
Whenever the minimum wage rate prescribed in the contract for a class of
laborers or mechanics includes a fringe benefit which is not expressed as an hourly
rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as
stated in the wage determination or shall pay another bona fide fringe benefit or an
hourly case equivalent thereof.
a. If the contractor or subcontractor, as appropriate, does not make
payments to a trustee or other third person, he/she may consider as a part of the
wages of any laborer or mechanic the amount of any costs reasonably anticipated in
providing bona fide fringe benefits under a plan or program, provided, that the
Secretary of Labor has found, upon the written request of the contractor, that the
applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor
may require the contractor to set aside in a separate account assets for the meeting
of obligations under the plan or program.
3. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers:
Apprentices:
1. Apprentices will be permitted to work at less than the predetermined rate for
the work they performed when they are employed pursuant to and individually
registered in a bona fide apprenticeship program registered with the DOL,
Employment and Training Administration, Bureau of Apprenticeship and Training, or
with a State apprenticeship agency recognized by the Bureau, or if a person is
employed in his/her first 90 days of probationary employment as an apprentice in
such an apprenticeship program, who is not individually registered in the program,
but who has been certified by the Bureau of Apprenticeship and Training or a State
apprenticeship agency (where appropriate) to be eligible for probationary
employment as an apprentice.
2. The allowable ratio of apprentices to journeyman-level employees on the job
site in any craft classification shall not be greater than the ratio permitted to the
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contractor as to the entire work force under the registered program. Any employee
listed on a payroll at an apprentice wage rate, who is not registered or otherwise
employed as stated above, shall be paid not less than the applicable wage rate
listed in the wage determination for the classification of work actually performed. In
addition, any apprentice performing work on the job site in excess of the ratio
permitted under the registered program shall be paid not less than the applicable
wage rate on the wage determination for the work actually performed. Where a
contractor or subcontractor is performing construction on a project in a locality other
than that in which its program is registered, the ratios and wage rates (expressed in
percentages of the journeyman-level hourly rate) specified in the contractor's or
subcontractor's registered program shall be observed.
3. Every apprentice must be paid at not less than the rate specified in the
registered program for the apprentice's level of progress, expressed as a
percentage of the journeyman-level hourly rate specified in the applicable wage
determination. Apprentices shall be paid fringe benefits in accordance with the
provisions of the apprenticeship program. If the apprenticeship program does not
specify fringe benefits, apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable classification. If the Administrator
for the Wage and Hour Division determines that a different practice prevails for the
applicable apprentice classification, fringes shall be paid in accordance with that
determination.
4. In the event the Bureau of Apprenticeship and Training, or a State
apprenticeship agency recognized by the Bureau, withdraws approval of an
apprenticeship program, the contractor or subcontractor will no longer be permitted
to utilize apprentices at less than the applicable predetermined rate for the
comparable work performed by regular employees until an acceptable program is
approved.
a. Trainees:
1. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at
less than the predetermined rate for the work performed unless they are employed
pursuant to and individually registered in a program which has received prior
approval, evidenced by formal certification by the DOL, Employment and Training
Administration.
2. The ratio of trainees to journeyman-level employees on the job site shall not
be greater than permitted under the plan approved by the Employment and Training
Administration. Any employee listed on the payroll at a trainee rate who is not
registered and participating in a training plan approved by the Employment and
Training Administration shall be paid not less than the applicable wage rate on the
wage determination for the classification of work actually performed. In addition, any
trainee performing work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed.
3. Every trainee must be paid at not less than the rate specified in the approved
program for his/her level of progress, expressed as a percentage of the journeyman-
level hourly rate specified in the applicable wage determination. Trainees shall be
paid fringe benefits in accordance with the provisions of the trainee program. If the
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trainee program does not mention fringe benefits, trainees shall be paid the full
amount of fringe benefits listed on the wage determination unless the Administrator
of the Wage and Hour Division determines that there is an apprenticeship program
associated with the corresponding journeyman-level wage rate on the wage
determination which provides for less than full fringe benefits for apprentices, in
which case such trainees shall receive the same fringe benefits as apprentices.
4. In the event the Employment and Training Administration withdraws approval
of a training program, the contractor or subcontractor will no longer be permitted to
utilize trainees at less than the applicable predetermined rate for the work performed
until an acceptable program is approved.
b. Helpers:
Helpers will be permitted to work on a project if the helper classification is
specified and defined on the applicable wage determination or is approved
pursuanttothe conformance procedure set forth in Section IV.2. Any worker
listed on a payroll at a helper wage rate, who is not a helper under a approved
definition, shall be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed.
4. Apprentices and Trainees (Programs of the U.S. DOT):
Apprentices and trainees working under apprenticeship and skill training
programs which have been certified by the Secretary of Transportation as promoting
EEO in connection with Federal-aid highway construction programs are not subject
to the requirements of paragraph 4 of this Section IV. The straight time hourly wage
rates for apprentices and trainees under such programs will be established by the
particular programs. The ratio of apprentices and trainees to journeymen shall not
be greater than permitted by the terms of the particular program.
5. Withholding:
The SHA shall upon its own action or upon written request of an authorized
representative of the DOL withhold, or cause to be withheld, from the contractor or
subcontractor under this contract or any other Federal contract with the same prime
contractor, or any other Federally-assisted contract subject to Davis-Bacon
prevailing wage requirements which is held by the same prime contractor, as much
of the accrued payments or advances as may be considered necessary to pay
laborers and mechanics, including apprentices, trainees, and helpers, employed by
the contractor or any subcontractor the full amount of wages required by the
contract. In the event of failure to pay any laborer or mechanic, including any
apprentice, trainee, or helper, employed or working on the site of the work, all or
part of the wages required by the contract, the SHA contracting officer may, after
written notice to the contractor, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds until such
violations have ceased.
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6. Overtime Requirements:
No contractor or subcontractor contracting for any part of the contract work
which may require or involve the employment of laborers, mechanics, watchmen, or
guards (including apprentices, trainees, and helpers described in paragraphs 4 and
5 above) shall require or permit any laborer, mechanic, watchman, or guard in any
workweek in which helshe is employed on such work, to work in excess of 40 hours
in such workweek unless such laborer, mechanic, watchman, or guard receives
compensation at a rate not less than one-and-one-half times his/her basic rate of
pay for all hours worked in excess of 40 hours in such workweek.
7. Violation:
Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of
the clause set forth in paragraph 7 above, the contractor and any subcontractor
responsible thereof shall be liable to the affected employee for hislher unpaid
wages. In addition, such contractor and subcontractor shall be liable to the United
States (in the case of work done under contract for the District of Columbia or a
territory, to such District or to such territory) for liquidated damages. Such liquidated
damages shall be computed with respect to each individual laborer, mechanic,
watchman, or guard employed in violation of the clause set forth in paragraph 7, in
the sum of $10 for each calendar day on which such employee was required or
permitted to work in excess of the standard work week of 40 hours without payment
of the overtime wages required by the clause set forth in paragraph 7.
8. Withholding for Unpaid Wages and Liquidated Damages:
The SHA shall upon its own action or upon written request of any authorized
representative of the DOL withhold, or cause to be withheld, from any monies
payable on account of work performed by the contractor or subcontractor under any
such contract or any other Federal contract with the same prime contractor, or any
other Federally-assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as provided in the clause
set forth in paragraph 8 above.
v. STATEMENTS AND PAYROLLS
(Applicable to all Federal-aid construction contracts exceeding $2,000 and to all
related subcontracts, except for projects located on roadways classified as local
roads or rural collectors, which are exempt.)
o. Compliance with Copeland Regulations (29 CFR 3):
The contractor shall comply with the Copeland Regulations of the
Secretary of Labor which are herein incorporated by reference.
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1. Payrolls and Payroll Records:
Payrolls and basic records relating thereto shall be maintained by the
contractor and each subcontractor during the course of the work and preserved for a
period of 3 years from the date of completion of the contract for all laborers,
mechanics, apprentices, trainees, watchmen, helpers, and guards working at the
site of the work.
a. The payroll records shall contain the name, social security number, and
address of each such employee; his or her correct classification; hourly rates of
wages paid (including rates of contributions or costs anticipated for bona fide fringe
benefits or cash equivalent thereof the types described in Section 1 (b)(2)(B) of the
Davis Bacon Act); daily and weekly number of hours worked; deductions made; and
actual wages paid. In addition, for Appalachian contracts, the payroll records shall
contain a notation indicating whether the employee does, or does not, normally
reside in the labor area as defined in Attachment A, paragraph 1. Whenever the
Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages
of any laborer or mechanic include the amount of any costs reasonably anticipated
in providing benefits under a plan or program described in Section 1 (b)(2)(B) of the
Davis Bacon Act, the contractor and each subcontractor shall maintain records
which show that the commitment to provide such benefits is enforceable, that the
plan or program is financially responsible, that the plan or program has been
communicated in writing to the laborers or mechanics affected, and show the cost
anticipated or the actual cost incurred in providing benefits. Contractors or
subcontractors employing apprentices or trainees under approved programs shall
maintain written evidence of the registration of apprentices and trainees, and ratios
and wage rates prescribed in the applicable programs.
b. Each contractor and subcontractor shall furnish, each week in which any
contract work is performed, to the SHA resident engineer a payroll of wages paid
each of its employees (including apprentices, trainees, and helpers, described in
Section IV, paragraphs 4 and 5, and watchmen and guards engaged on work during
the preceding weekly payroll period). The payroll submitted shall set out accurately
and completely all of the information required to be maintained under paragraph 2b
of this Section V. This information may be submitted in any form desired. Optional
Form WH-347 is available for this purpose and may be purchased from the
Superintendent of Documents (Federal stock number 029-005-0014-1), U.S.
Government Printing Office, Washington, D.C. 20402. The prime contractor is
responsible for the submission of copies of payrolls by all subcontractors.
c. Each payroll submitted shall be accompanied by a "Statement of
Compliance," signed by the contractor or subcontractor or his/her agent who pays or
supervises the payment of the persons employed under the contract and shall
certify the following:
1. that the payroll for the payroll period contains the information required to
be maintained under paragraph 2b of this Section V and that such information is
correct and complete;
2. that such laborer or mechanic (including each helper, apprentice, and
trainee) employed on the contract during the payroll period has been paid the full
weekly wages earned, without rebate, either directly or indirectly, and that no
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deductions have been made either directly or indirectly from the full wages earned,
other than permissible deductions as set forth in the Regulations, 29 CFR 3;
3. that each laborer or mechanic has been paid not less that the applicable
wage rate and fringe benefits or cash equivalent for the classification of worked
performed, as specified in the applicable wage determination incorporated into the
contract.
d. The weekly submission of a properly executed certification set forth on the
reverse side of Optional Form WH-347 shall satisfy the requirement for submission
of the "Statement of Compliance" required by paragraph 2d of this Section V.
e. The falsification of any of the above certifications may subject the
contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231.
f. The contractor or subcontractor shall make the records required under
paragraph 2b of this Section V available for inspection, copying, or transcription by
authorized representatives of the SHA, the FHWA, or the DOL, and shall permit
such representatives to interview employees during working hours on the job. If the
contractor or subcontractor fails to submit the required records or to make them
available, the SHA, the FHWA, the DOL, or all may, after written notice to the
contractor, sponsor, applicant, or owner, take such actions as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds.
Furthermore, failure to submit the required records upon request or to make such
records available may be grounds for debarment action pursuant to 29 CFR 5.12.
VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR
O. On all Federal-aid contracts on the National Highway System, except
those which provide solely for the installation of protective devices at railroad grade
crossings, those which are constructed on a force account or direct labor basis,
highway beautification contracts, and contracts for which the total final construction
cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor
shall:
Become familiar with the list of specific materials and supplies contained
in Form FHWA-47, "Statement of Materials and Labor Used by Contractor of
Highway Construction Involving Federal Funds," prior to the commencement of work
under this contract.
a. Maintain a record of the total cost of all materials and supplies purchased
for and incorporated in the work, and also of the quantities of those specific
materials and supplies listed on Form FHWA-47, and in the units shown on Form
FHWA-47.
b. Furnish, upon the completion of the contract, to the SHA resident engineer
on Form FHWA-47 together with the data required in paragraph 1 b relative to
materials and supplies, a final labor summary of all contract work indicating the total
hours worked and the total amount earned.
1. At the prime contractor's option, either a single report covering all contract
work or separate reports for the contractor and for each subcontract shall be
submitted.
VII. SUBLETTING OR ASSIGNING THE CONTRACT
O. The contractor shall perform with its own organization contract work
amounting to not less than 30 percent (or a greater percentage if specified
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elsewhere in the contract) of the total original contract price, excluding any specialty
items designated by the State. Specialty items may be performed by subcontract
and the amount of any such specialty items performed may be deducted from the
total original contract price before computing the amount of work required to be
performed by the contractor's own organization (23 CFR 635).
"Its own organization" shall be construed to include only workers
employed and paid directly by the prime contractor and equipment owned or rented
by the prime contractor, with or without operators. Such term does not include
employees or equipment of a subcontractor, assignee, or agent of the prime
contractor.
a. "Specialty Items" shall be construed to be limited to work that requires
highly specialized knowledge, abilities, or equipment not ordinarily available in the
type of contracting organizations qualified and expected to bid on the contract as a
whole and in general are to be limited to minor components of the overall contract.
1. The contract amount upon which the requirements set forth in paragraph 1 .
of Section VII is computed includes the cost of material and manufactured products
which are to be purchased or produced by the contractor under the contract
provisions.
2. The contractor shall furnish (a) a competent superintendent or supervisor
who is employed by the firm, has full authority to direct performance of the work in
accordance with the contract requirements, and is in charge of all construction
operations (regardless of who performs the work) and (b) such other of its own
organizational resources (supervision, management, and engineering services) as
the SHA contracting officer determines is necessary to assure the performance of
the contract.
3. No portion of the contract shall be sublet, assigned or otherwise disposed
of except with the written consent of the SHA contracting officer, or authorized
representative, and such consent when given shall not be construed to relieve the
contractor of any responsibility for the fulfillment of the contract. Written consent will
be given only after the SHA has assured that each subcontract is evidenced in
writing and that it contains all pertinent provisions and requirements of the prime
contract.
VIII. SAFETY: ACCIDENT PREVENTION
O. In the performance of this contract the contractor shall comply with all
applicable Federal, State, and local laws governing safety, health, and sanitation (23
CFR 635). The contractor shall provide all safeguards, safety devices and protective
equipment and take any other needed actions as it determines, or as the SHA
contracting officer may determine, to be reasonably necessary to protect the life and
health of employees on the job and the safety of the public and to protect property in
connection with the performance of the work covered by the contract.
1. It is a condition of this contract, and shall be made a condition of each
subcontract, which the contractor enters into pursuant to this contract, that the
contractor and any subcontractor shall not permit any employee, in performance of
the contract, to work in surroundings or under conditions which are unsanitary,
hazardous or dangerous to his/her health or safety, as determined under
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construction safety and health standards (29 CFR 1926) promulgated by the
Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and
Safety Standards Act (40 U.S.C. 333).
2. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the
Secretary of Labor or authorized representative thereof, shall have right of entry to
any site of contract performance to inspect or investigate the matter of compliance
with the construction safety and health standards and to carry out the duties of the
Secretary under Section 107 of the Contract Work Hours and Safety Standards Act
(40 U.S.C. 333).
IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
In order to assure high quality and durable construction in conformity with
approved plans and specifications and a high degree of reliability on statements and
representations made by engineers, contractors, suppliers, and workers on Federal-
aid highway projects, it is essential that all persons concerned with the project
perform their functions as carefully, thoroughly, and honestly as possible. Willful
falsification, distortion, or misrepresentation with respect to any facts related to the
project is a violation of Federal law. To prevent any misunderstanding regarding the
seriousness of these and similar acts, the following notice shall be posted on each
Federal-aid highway project (23 CFR 635) in one or more places where it is readily
available to all persons concerned with the project:
NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY
PROJECTS
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any
State or Territory, or whoever, whether a person, association, firm, or corporation,
knowingly makes any false statement, false representation, or false report as to the
character, quality, quantity, or cost of the material used or to be used, or the quantity
or quality of the work performed or to be performed, or the cost thereof in
connection with the submission of plans, maps, specifications, contracts, or costs of
construction on any highway or related project submitted for approval to the
Secretary of Transportation; or
Whoever knowingly makes any false statement, false representation, false
report or false claim with respect to the character, quality, quantity, or cost of any
work performed or to be performed, or materials furnished or to be furnished, in
connection with the construction of any highway or related project approved by the
Secretary of Transportation; or
Whoever knowingly makes any false statement or false representation as to
material fact in any statement, certificate, or report submitted pursuant to provisions
of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended
and supplemented;
Shall be fined not more that $10,000 or imprisoned not more than 5 years or
both."
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X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER
POLLUTION CONTROL ACT
(Applicable to all Federal-aid construction contracts and to all related
subcontracts of $100,000 or more.)
By submission of this bid or the execution of this contract, or subcontract, as
appropriate, the bidder, Federal-aid construction contractor, or subcontractor, as
appropriate, will be deemed to have stipulated as follows:
o. That any facility that is or will be utilized in the performance of this
contract, unless such contract is exempt under the Clean Air Act, as amended (42
U.S.C. 1857 et seq., as amended by Pub.L. 91-604), and under the Federal Water
Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub.L.
92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR
15) is not listed, on the date of contract award, on the U.S. Environmental Protection
Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20.
1. That the firm agrees to comply and remain in compliance with all the
requirements of Section 114 of the Clean Air Act and Section 308 of the Federal
Water Pollution Control Act and all regulations and guidelines listed thereunder.
2. That the firm shall promptly notify the SHA of the receipt of any
communication from the Director, Office of Federal Activities, EPA, indicating that a
facility that is or will be utilized for the contract is under consideration to be listed on
the EPA List of Violating Facilities.
3. That the firm agrees to include or cause to be included the requirements
of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and
further agrees to take such action as the government may direct as a means of
enforcing such requirements.
XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION
o. Instructions for Certification - Primary Covered Transactions:
(Applicable to all Federal-aid contracts - 49 CFR 29)
By signing and submitting this proposal, the prospective primary
participant is providing the certification set out below.
a. The inability of a person to provide the certification set out below will not
necessarily result in denial of participation in this covered transaction. The
prospective participant shall submit an explanation of why it cannot provide the
certification set out below. The certification or explanation will be considered in
connection with the department or agency's determination whether to enter into this
transaction. However, failure of the prospective primary participant to furnish a
certification or an explanation shall disqualify such a person from participation in this
transaction.
b. The certification in this clause is a material representation of fact upon
which reliance was placed when the department or agency determined to enter into
this transaction. If it is later determined that the prospective primary participant
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knowingly rendered an erroneous certification, in addition to other remedies
available to the Federal Government, the department or agency may terminate this
transaction for cause of default.
c. The prospective primary participant shall provide immediate written notice
to the department or agency to whom this proposal is submitted if any time the
prospective primary participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
d. The terms "covered transaction," "debarred," "suspended," "ineligible,"
"lower tier covered transaction," "participant," "person," "primary covered
transaction," "principal," "proposal," and "voluntarily excluded," as used in this
clause, have the meanings set out in the Definitions and Coverage sections of rules
implementing Executive Order 12549. You may contact the department or agency to
which this proposal is submitted for assistance in obtaining a copy of those
regulations.
e. . The prospective primary participant agrees by submitting this proposal
that, should the proposed covered transaction be entered into, it shall not knowingly
enter into any lower tier covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this
covered transaction, unless authorized by the department or agency entering into
this transaction.
f. The prospective primary participant further agrees by submitting this
proposal that it will include the clause titled "Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"
provided by the department or agency entering into this covered transaction, without
modification, in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
g. A participant in a covered transaction may rely upon a certification of a
prospective participant in a lower tier covered transaction that is not debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals. Each participant
may, but is not required to, check the nonprocurement portion of the "Lists of Parties
Excluded From Federal Procurement or Nonprocurement Programs"
(Nonprocurement List) which is compiled by the General Services Administration.
h. Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render in good faith the certification
required by this clause. The knowledge and information of participant is not required
to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
i. Except for transactions authorized under paragraph f of these instructions,
if a participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to other remedies
available to the Federal Government, the department or agency may terminate this
transaction for cause or default.
GC-CA-I-47
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Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion--Primary Covered Transactions
10. The prospective primary participant certifies to the best of its knowledge
and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
department or agency;
b. Have not within a 3-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(Federal, State or local) transaction or contract under a public transaction; violation
of Federal or State antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State or local) with commission of any of the offenses
enumerated in paragraph 1 b of this certification; and
d. Have not within a 3-year period preceding this application/proposal had
one or more public transactions (Federal, State or local) terminated for cause or
default.
11. Where the prospective primary participant is unable to certify to any of the
statements in this certification, such prospective participant shall attach an
explanation to this proposal.
Instructions for Certification - Lower Tier Covered Transactions:
(Applicable to all subcontracts, purchase orders and other lower tier transactions
of $25,000 or more - 49 CFR 29)
I. By signing and submitting this proposal, the prospective lower tier is
providing the certification set out below.
m. The certification in this clause is a material representation of fact upon
which reliance was placed when this transaction was entered into. If it is later
determined that the prospective lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal
Government, the department, or agency with which this transaction originated may
pursue available remedies, including suspension andlor debarment.
n. The prospective lower tier participant shall provide immediate written
notice to the person to which this proposal is submitted if at any time the prospective
lower tier participant learns that its certification was erroneous by reason of changed
circumstances.
o. The terms "covered transaction," "debarred," "suspended," "ineligible,"
"primary covered transaction," "participant," "person," "principal," "proposal," and
"voluntarily excluded," as used in this clause, have the meanings set out in the
Definitions and Coverage sections of rules implementing Executive Order 12549.
GC-CA-I-48
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You may contact the person to which this proposal is submitted for assistance in
obtaining a copy of those regulations.
p. The prospective lower tier participant agrees by submitting this proposal
that, should the proposed covered transaction be entered into, it shall not knowingly
enter into any lower tier covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this
covered transaction, unless authorized by the department or agency with which this
transaction originated.
q. The prospective lower tier participant further agrees by submitting this
proposal that it will include this clause titled "Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"
without modification, in all lower tier covered transactions and in all solicitations for
lower tier covered transactions.
r. A participant in a covered transaction may rely upon a certification of a
prospective participant in a lower tier covered transaction that is not debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals. Each participant
may, but is not required to, check the Non-procurement List.
s. Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render in good faith the certification
required by this clause. The knowledge and information of participant is not required
to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
t. Except for transactions authorized under paragraph e of these
instructions, if a participant in a covered transaction knowingly enters into a lower
tier covered transaction with a person who is suspended, debarred, ineligible, or
voluntarily excluded from participation in this transaction, in addition to other
remedies available to the Federal Government, the department or agency with
which this transaction originated may pursue available remedies, including
suspension andlor debarment.
*****
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion--Lower Tier Covered Transactions:
21. The prospective lower tier participant certifies, by submission of this
proposal, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency.
22. Where the prospective lower tier participant is unable to certify to any of
the statements in this certification, such prospective participant shall attach an
explanation to this proposal.
XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR
LOBBYING
GC-CA-I-49
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(Applicable to all Federal-aid construction contracts and to all related
subcontracts which exceed $100,000 - 49 CFR 20)
o. The prospective participant certifies, by signing and submitting this bid or
proposal, to the best of his or her knowledge and belief, that:
No Federal 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 employee of any Federal 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, loan, or cooperative agreement.
a. If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or
employee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
1. This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed by
31 U.S.C. 1352. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
2. The prospective participant also agrees by submitting his or her bid or
proposal that he or she shall require that the language of this certification be
included in all lower tier subcontracts, which exceed $100,000 and that all such
recipients shall certify and disclose accordingly.
ATTACHMENT A - EMPLOYMENT PREFERENCE FOR APPALACHIAN
CONTRACTS
(Applicable to Appalachian contracts only)
3. During the performance of this contract, the contractor undertaking to do
work which is, or reasonably may be, done as on-site work, shall give preference to
qualified persons who regularly reside in the labor area as designated by the DOL
wherein the contract work is situated, or the subregion, or the Appalachian counties
of the State wherein the contract work is situated, except:
To the extent that qualified persons regularly residing in the area are not
available.
a. For the reasonable needs of the contractor to employ supervisory or
specially experienced personnel necessary to assure an efficient execution of the
contract work.
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b. For the obligation of the contractor to offer employment to present or
former employees as the result of a lawful collective bargaining contract, provided
that the number of nonresident persons employed under this subparagraph 1 c shall
not exceed 20 percent of the total number of employees employed by the contractor
on the contract work, except as provided in subparagraph 4 below.
4. The contractor shall place a job order with the State Employment Service
indicating (a) the classifications of the laborers, mechanics and other employees
required to perform the contract work, (b) the number of employees required in each
classification, (c) the date on which he estimates such employees will be required,
and (d) any other pertinent information required by the State Employment Service to
complete the job order form. The job order may be placed with the State
Employment Service in writing or by telephone. If during the course of the contract
work, the information submitted by the contractor in the original job order is
substantially modified, he shall promptly notify the State Employment Service.
5. The contractor shall give full consideration to all qualified job applicants
referred to him by the State Employment Service. The contractor is not required to
grant employment to any job applicants who, in his opinion, are not qualified to
perform the classification of work required.
6. If, within 1 week following the placing of a job order by the contractor with
the State Employment Service, the State Employment Service is unable to refer any
qualified job applicants to the contractor, or less than the number requested, the
State Employment Service will forward a certificate to the contractor indicating the
unavailability of applicants. Such certificate shall be made a part of the contractor's
permanent project records. Upon receipt of this certificate, the contractor may
employ persons who do not normally reside in the labor area to fill positions covered
by the certificate, notwithstanding the provisions of subparagraph 1c above.
7. The contractor shall include the provisions of Sections 1 through 4 of this
Attachment A in every subcontract for work which is, or reasonably may be, done as
on-site work.
16. Liquidated Damages
See Construction Agreement, Section 5B. Contract Time and Liquidated
Damages, Collier County Contract - See attached contract section pages GC-
CA.
17. Local Hiring Preference
Provision excluded from this contract.
18. Lobbying Certification
(Florida Department of Transportation Policy)
"The undersigned hereby certifies, to the best of his or her knowledge and belief,
that:
(a)No Federal 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 either
directly or in-directly an officer or employees of any state or federal agency, a
GC-CA-I-51
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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 any
cooperative agreement, and the extension, continuation, renewals, amendment, or
modification of any Federal contract, grant, loan or cooperative agreement.
(b) If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee
of any agency, a member of Congress, and officer or employee of Congress, or an
employee of a member of Congress in connection with this Federal contract, grant
loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-L "Disclosure Form to Report Lobbying", in accordance with its
instructions.
(c) The undersigned shall require that the language of this certification be
included in the award documents for all sub-awards at all tiers (including
subcontracts, sub-grants, and contracts under grants, loans, and cooperative
agreements) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into the transaction imposed by
section 1352, title 31, US Code. Any person(s) who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each failure."
19. Award and Execution of Contract (Method of construction (or method
of bidding). See Section 12, Part B. Instruction to Bidders, 12.2. - See
attached contract page GC-IB-5 highlighted.
20. Non-collusion Provision
(Florida Department of Transportation Guidelines)
The undersigned hereby certifies, to the best of his or her knowledge and belief,
that on behalf of the person, firm, association, or corporation submitting the bid
certifying that such person, firm association, or corporation has not, either directly of
indirectly, entered into any agreement, participated in any collusion, or otherwise
taken any action, in restraint of free competitive bidding in connection with the
submitted bid. Failure to submit the executed statement as part of the bidding
documents will make the bid non-responsive and not eligible for ward consideration.
21. Owner Force AccounUCost Effective Justification
Provision excluded from this contract
22. Patented/Proprietary Materials
Provision excluded from this contract
23. Prevailing Minimum Wage
GC-CA-I-52
16 a 13
For this contract, payment of predetermined minimum wages applies. The
U.S. Department of Labor Wage Rates applicable to this Contract are listed in
Wage Rate Decision Number(s) FL, as modified up through ten days prior to the
opening of bids.
Obtain the applicable General Decision(s) (Wage Tables) through the United
States Department of Labor website(www.wdol.gov) and ensure that employees
receive the minimum wages applicable. Review the General Decisions for all
classifications necessary to complete the project.
General Decision Number: FL080039 02/08/2008 FL39
Superseded General Decision Number: FL20070039
State: Florida
Construction Type: Highway
Counties: Brevard, Collier, Hernando, Hillsborough, Lee,
Manatee, Martin, Orange, Osceola, Pasco, Pinellas, Polk,
Sarasota, Seminole and St Lucie Counties in Florida.
EXCLUDING CAPE CANAVERAL AIR FORCE STATION, PATRICK AIR FORCE
BASE, KENNEDY SPLACE FLIGHT CENTER AND MELABAR RADAR SITE
HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building
structures in rest area projects, & railroad construction;
bascule, suspension & spandrel arch bridges; bridges designed
for commercial navigation; bridges involving marine
construction; & other major bridges.
Modification Number Publication Date
o 02/08/2008
* SUFL 1993-01208/01/1993
Rates Fringes
BRICKLAYER (Manhole).............$ 9.02
CARPENTER........................$ 9.71
Concrete Finisher................$ 8.91
ELECTRICIAN......................$ 13.42
FENCE ERECTOR....................$ 7.75
Form Setter......................$ 7.76
Guardrail erector................$ 7.95
Ironworkers:
Reinforcing.................$ 12.37
Structural..................$ 6.60
Laborers:
Asphalt Raker...............$ 7.23
GC-CA-I-53
16B13
Pipelayer..................$ 8.01
Unskilled...................$ 6.60
N/A..............................$ 7.34
Painters:
Blaster.....................$ 10.72
Power equipment operators:
Asphalt Distributor.........$ 7.39
Asphalt Paving Machine......$ 8.23
Asphalt Plant Operator......$ 6.83
Asphalt Screed..............$ 7.68
Backhoe.....................$ 9.00
Boom-Auger..................$ 9.40
Bulldozer...................$ 8.42
Concrete Curb Machine.......$ 8.50
Concrete Groover/Grinder....$ 9.00
Concrete Joint Saw..........$ 9.97
Concrete Mixer Operator.....$ 6.63
Concrete Paving Finish
Machine.....................$ 8.50
Concrete Pump Op............$ 13.00
Crane, Derrick, or Dragline.$ 11.53
Earthmover..................$ 7.78
Fork Lift...................$ 7.63
Front End Loader............$ 8.00
Gradall.....................$ 8.76
Grade Checker...............$ 6.60
Guardrail Post Driver.......$ 10.78
Mechanic....................$ 9.52
Milling Machine Grade
Checker.....................$ 7.03
Milling Machine.............$ 8.76
Motor Grader................$ 9.54
Mulching Machine............$ 6.70
Oiler, Greaseman............$ 7.21
Pavement Striping Machine. ..$ 11.04
Paving Striping Machine
Nozzleman...................$ 7.50
Piledriver Leadsman.........$ 9.75
Piledriver Operator.........$ 10.82
Power Subgrade Mixer........$ 7.63
Rollers:
Finish....................$ 7.24
Rough......................$ 6.70
Self-Prop., Rubber Tire....$ 7.01
Scraper.....................$ 7.33
Sign Erector................$ 13.27
GC-CA-I-54
16 B 13
Small tool..................$ 7.33
Tractors:
80 HP or less..............$ 6.60
Light......................$ 6.76
Over 80 HP.................$ 10.62
Trenching Machine...........$ 8.00
Widening Spreader Machine...$ 7.52
Traffic Controller
TRAFFIC CONTROL SPECIALlST..$ 7.15
TRAFFIC SIGNALIZATION:
Installer..................$ 9.70
Mechanic...................$13.25
Truck drivers:
Lowboy......................$ 8.02
Multi-Rear Axle.............$ 6.97
Single Rear Axle............$ 6.70
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
----------------------------------------------------------------
----------------------------------------------------------------
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
----------------------------------------------------------------
In the listing above, the "SU" designation means that rates
listed under the identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
----------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
GC-CA-I-55
16813
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for summaries of surveys,
should be with the Wage and Hour Regional Office for the area in which the survey was
conducted because those Regional Offices have responsibility for the Davis-Bacon
survey program. If the response from this initial contact is not satisfactory, then the
process described in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal process described here, initial
contact should be with the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, NW.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by
the action) can request review and reconsideration from the Wage and Hour
Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, NW.
Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position
and by any information (wage payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal
directly to the Administrative Review Board (formerly the Wage Appeals Board). Write
to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, NW.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
24. Progress Payments
See Exhibit H, Article 4. Progress Payments, Collier County Contract-
See attached contract section pages GC-CA-H.
25. Prohibition Against Convict Produced Materials
GC-CA-I-56
16813
(Florida Department of Transportation Guidelines)
Source of Supply-Convict Labor (Federal-Aid Contracts Only): Do not use
materials that were produced after July 1, 1991, by convict labor for Federal-aid
highway construction projects unless the prison facility has been producing convict-
made materials for Federal-aid highway construction projects before July 1, 1987.
Use materials that were produced prior to July 2, 1991, b convicts on Federal-
aid highway construction projects free from the restrictions placed on the use of
these materials by 23 U.S.C. 114. The Department will limit the use of materials
produced by convict labor for use in Federal-aid highway construction projects to:
(1) materials produced by convicts 0 parole, supervised release, or probation
from a prison or,
(2) materials produced in a qualified prison facility.
The amount of such materials produced for Federal-aid highway construction
during any 12-month period shall not exceed the amount produced in such facility
for use in such construction during the 12-month period ending July 1,1987.
26. Public Agencies in Competition with the Private Sector
The County does not allow other Public Agencies to compete with or bid on
construction projects against the private sector.
27. Publicly Owned Equipment
The County does not allow Contractors the use of publicly owned
equipment.
28. Records Retention
Establishment and Maintenance of Accounting Records: Records of costs
incurred under terms of this Agreement shall be maintained and made available
upon request to the Department at all times during the period of this Agreement and
for five (5) years after final payment is made. Copies of these documents and
records shall be furnished to the Department upon request. Records of costs
incurred includes the Agency's general accounting records and the project records,
together with supporting documents and records, of the Agency and all
subcontractors performing work on the project and all other records of the Agency
and subcontractors considered necessary by the Department for proper audit of
costs. If any litigation, claim or audit is started before the expiration of the five (5
year period, the records shall be retained until all litigation, claims, or audit findings
involving the records have been resolved.
Costs Incurred for the Project: The Agency shall charge to the project account
all eligible costs of the project. Costs in excess of the latest approved schedule of
funding or attributable to actions which have not received the required approval of
the Department shall not be considered eligible costs.
GC-CA-I-57
16 B 1 ~
Documentation of Project Costs: All costs charged to the project, including any
approved services contributed by the Agency or others, shall be supported by
properly executed payrolls, time records, invoices, contracts or vouchers evidencing
in proper detail the nature and propriety of the charges.
29. Salvage Credits
Provision excluded from this contract.
30. Standardized Changes Conditions Contract Clauses - Differing site
conditions. (i) During the progress of the work, if subsurface or latent physical
conditions are encountered at the site differing materially from those indicated in the
contract or if unknown physical conditions of an unusual nature, differing materially
from those ordinarily encountered and generally recognized as inherent in the work
provided for in the contract, are encountered at the site, the party discovering such
conditions shall promptly notify the other party in writing of the specific differing
conditions before the site is disturbed and before the affected work is performed.
(ii) Upon written notification, the engineer will investigate the conditions, and
if it is determined that the conditions materially differ and cause an increase or
decrease in the cost or time required for the performance of any work under the
contract, an adjustment, excluding anticipated profits, will be made and the contract
modified in writing accordingly. The engineer will notify the contractor of the
determination whether or not an adjustment of the contract is warranted.
(iii) No contract adjustment which results in a benefit to the contractor will be
allowed unless the contractor has provided the required written notice.
(iv) No contract adjustment will be allowed under this clause for any effects
caused on unchanged work.
Suspensions of work ordered by the engineer. (i) If the performance of all
or any portion of the work is suspended or delayed by the engineer in writing for an
unreasonable period of time (not originally anticipated, customary, or inherent to the
construction industry) and the contractor believes that additional compensation
and/or contract time is due as a result of such suspension or delay, the contractor
shall submit to the engineer in writing a request for adjustment within 7 calendar
days of receipt of the notice to resume work. The request shall set forth the reasons
and support for such adjustment.
(ii) Upon receipt, the engineer will evaluate the contractor's request. If the
engineer agrees that the cost andlor time required for the performance of the
contract has increased as a result of such suspension and the suspension was
caused by conditions beyond the control of and not the fault of the contractor, its
suppliers, or subcontractors at any approved tier, and not caused by weather, the
engineer will make an adjustment (excluding profit) and modify the contract in
writing accordingly. The contractor will be notified of the engineer's determination
whether or not an adjustment of the contract is warranted.
(iii) No contract adjustment will be allowed unless the contractor has
submitted the request for adjustment within the time prescribed.
GC-CA-I-58
16813
(iv) No contract adjustment will be allowed under this clause to the extent
that performance would have been suspended or delayed by any other cause, or for
which an adjustment is provided or excluded under any other term or condition of
this contract.
Significant changes in the character of work. (i) The engineer reserves the
right to make, in writing, at any time during the work, such changes in quantities and
such alterations in the work as are necessary to satisfactorily complete the project.
Such changes in quantities and alterations shall not invalidate the contract nor
release the surety, and the contractor agrees to perform the work as altered.
(ii) If the alterations or changes in quantities significantly change the
character of the work under the contract, whether such alterations or changes are in
themselves significant changes to the character of the work or by affecting other
work cause such other work to become significantly different in character, an
adjustment, excluding anticipated profit, will be made to the contract. The basis for
the adjustment shall be agreed upon prior to the performance of the work. If a basis
cannot be agreed upon, then an adjustment will be made either for or against the
contractor in such amount as the engineer may determine to be fair and equitable.
(iii) If the alterations or changes in quantities do not significantly change the
character of the work to be performed under the contract, the altered work will be
paid for as provided elsewhere in the contract.
(iv) The term "significant change" shall be construed to apply only to the
following circumstances:
(A) When the character of the work as altered differs materially in kind or
nature from that involved or included in the original proposed construction; or
(B) When a major item of work, as defined elsewhere in the contract, is
increased in excess of 125 percent or decreased below 75 percent of the original
contract quantity. Any allowance for an increase in quantity shall apply only to that
portion in excess of 125 percent of original contract item quantity, or in case of a
decrease below 75 percent, to the actual amount of work performed.
31. Standard Specifications and Plans
See Exhibit M, Plans and Specifications, Collier County Contract
32. State Preference
Provision are excluded from this contract.
33. State/Local Owned/FurnishedlDesignated Materials
Provisions are excluded from this contract.
34. Subcontracting
See Exhibit H, General Terms and Conditions, Section 33. Subcontracts, Collier
County Contract - See attached contract section pages GC-CA-H.
35. Termination of Contract
GC-CA-I-59
16 B 13
See Exhibit H, General Terms and Conditions, Section 18. Termination
for Default and Section 19. Termination for Convenience and Suspension, Collier
County Contract - See attached contract section pages GC-CA-H.
36. Time Extensions
See Exhibit H, General Terms and Conditions, Section 9. Contract Time
and Extensions, Collier County Contract - See attached contract section pages
GC-CA-H.
TITLE VI (See LAP Manual Chapter 16 Section 16.3 items 5 & 6)
The Sub-recipient or Contractor, in accordance with Title VI of the Civil Rights Act of
1964, 78 Stat. 252, 42 U.S.C. 200d to 200d-7 and Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Non-discrimination in Federally-assisted programs of the Department of Transportation
issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure
that in any contract entered into pursuant to this advertisement, disadvantaged business
enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids
in response to this invitation and will not be discriminated against on the grounds of
race, color, national origin, sex, age, disability in consideration for an award.
While performing this contract, the contractor - for itself, its assignees, and successors
in interest (hereinafter referred to as the "contractor") - agrees to the following:
1. Compliance with Regulations: The contractor will comply with the Regulations
on nondiscrimination in Federally-assisted programs of the U.S. Department of
Transportation ("USDOT") Title 49, Code of Federal Regulations, Part 21. The
recommendations may be amended from time to time, (from here on referred to as the
Regulations). They are incorporated here by reference and made a part of this contract.
2. Nondiscrimination: In work performed during the contract, the Contractor will not
discriminate on the grounds of race, color, or national origin in the selection and holding
of subcontractors. This includes obtaining materials and leases of equipment. The
contractor will not participate either directly or indirectly in the~discrimination prohibited
by section 21.5 of the Regulations. This includes employment practices when the
contract covers a program set forth in Appendix B of the Regulations.
3. Solicitations for Subcontractors, Including Procurements of Materials and
Equipment: In all solicitations either by competitive bidding or negotiation made by the
contractor for work to be performed under a subcontract, the contractor will inform each
potential subcontractor or supplier of the contractor's obligations under this contract and
the Regulations relative to nondiscrimination on the grounds of race, color, or national
origin. The solicitations includes obtaining materials or leases of equipment,
GC-CA-I-60
16813
4. Information and Reports: The contractor will provide all information and reports
required by the Regulations or directives. It will also permit access to its books, records,
accounts, other sources of information, and its facilities that are determined by the
(Recipient) or the (Name of Appropriate Administration) to be important to ensure
compliance with such Regulations, orders and instructions. In some cases, another
entity possesses the information required of a contractor and refuses to give the
information. Here, the contractor will confirm the lack of information with the (Recipient),
or the (Name of the Administration) as appropriate, and will explain its efforts to obtain
the information.
5. Sanctions for Noncompliance: In the event that the contractor does not comply
with the nondiscrimination provisions of this contract, the (Recipient) should enforce
contract sanctions as it or the (Name of Appropriate Administration) may determine to
be appropriate. Sanctions may include, but are not limited to:
a. Withholding of payments to the contractor under the contract until the
contractor complies, and/or
b. Cancellation, termination or suspension of the contract, in whole or in part.
6. Incorporation of Provisions: The contractor should include the terms of
paragraphs
(1) through (6) in every subcontract, including procurements of materials and leases
of equipment, unless exempt by the Regulations, or directives issued modifying the
Provisions. The contractor will take action with on any subcontract or procurement
that the (Recipient) or the (Name of Appropriate Administration) directs in order to
enforce provisions including sanctions for non-compliance. However, if a contractor
becomes involved in, or is threatened with, litigation with a subcontractor or supplier
because of such direction, the contractor may ask the (Recipient) to enter into such
litigation to protect the interests of the (Recipient). Also, the contractor may ask the
United States to enter into such litigation to protect the interests of the United States.
CERTIFICATION OF NONSEGREGATED FACILITIES - 41 CFR PART 60-1.8
Notice to Prospective Federally Assisted Construction Contractors
1. A Certification of Non-segregated Facilities shall be submitted prior to the award of a
federally-assisted construction contract exceeding $10,000 which is not exempt from
the provisions of the Equal Opportunity Clause.
2. Contractors receiving federally-assisted construction contract awards exceeding
$10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be
required to provide for the forwarding of the following notice to prospective subcontractors
for supplies and construction contracts where the subcontracts exceed $10,000 and are
not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for
making false statements in offers is prescribed in 18 U.S.C. 1001.
Notice to Prospective Subcontractors of Requirements for Certification of
Non-Segregated Facilities
GC-CA-I-61
16813
1 A Certification of Non-segregated Facilities shall be submitted prior to the award of a
subcontract exceeding $10,000, which is not exempt from the provisions of the Equal
Opportunity Clause.
2 Contractors receiving subcontract awards exceeding $10,000 which are not exempt
from the provisions of the Equal Opportunity Clause will be required to provide for the
forwarding of this notice to prospective subcontractors for supplies and construction
contracts where the subcontracts exceed $10,000 and are not exempt from the provisions
of the Equal Opportunity Clause. NOTE: The penalty for making false statements in
offers is prescribed in 18 U.S.C. 1001.
CERTIFICATION OF NONSEGREGATED FACILITIES
The federally-assisted construction contractor certifies that she or he does not maintain or
provide, for his employees, any segregated facilities at any of his establishments and that
she or he does not permit his employees to perform their services at any location, under his
control, where segregated facilities are maintained. The federally-assisted construction
contractor certifies that she or he will not maintain or provide, for his employees,
segregated facilities at any of his establishments and that she or he will not permit his
employees to perform their services at any location under his control where segregated
facilities are maintained. The federally-assisted construction contractor agrees that a
breach of this certification is a violation of the Equal Opportunity Clause in this contract.
As used in this certification, the term "segregated facilities" means any waiting rooms, work
areas, restrooms, and washrooms, restaurants and other eating areas, timeclocks, locker
rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or
entertainment areas, transportation, and housing facilities provided for employees which
are segregated by explicit directives or are, in fact, segregated on the basis of race, color,
religion, or national origin because of habit, local custom, or any other reason. The
federally-assisted construction contractor agrees that (except where she or he has obtained
identical certifications from proposed subcontractors for specific time periods) she or he will
obtain identical certifications from proposed subcontractors prior to the award of
subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal
Opportunity Clause and that she or he will retain such certifications in his files.
GC-CA-I-62
16813
EXHIBIT J
TECHNICAL SPECIFICATIONS
GC-CA-J-1
16813
EXHIBIT K
PERMITS
GC-CA-K-1
16813
EXHIBIT L
STANDARD DETAILS
GC-CA-L-1
16813
EXHIBIT M
PLANS AND SPECIFICATIONS
GC-CA-M-1
16813
EXHIBIT N
CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
GC-CA-N-1
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
16814
Print on pink paper. Attach to original document. Original document~ ~hOllld be hand delivered 10 the Board Ot1lcc. The cornpldcd routing slip and original
documents arc 10 be forwarded to the Board Office only after the Haeud has taken action on the item 'j
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infomlatitlll needed. If the document is already complete with the
exception of the Chairman's signature, dmw a line through routing lines #1 thrOll,11 t14, complete the checklist, and forward 10 Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routino order)
1.
2.
3.
4. Jeffrey A Klatz10w, County Attorney County Attorney JAK 12-8-08
5. Sue Filson, Executive Manager Board 0 r County Commissioners ( V"j(e- lJ'~' ~~fLJ(.~.A ) l
..J /OIlQ-'" '-
6. Minutes and Records Clerk of Court's Office ~,,? v
PRIMARY CONTACT INFORMATION
a-\"\o'l
(The primary contact is the holder orthe original document pending Bee appl"Ov;l1. Nomlally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in tile event one of the addressees above, including Sue Filson, need to contact stalffor additional or missing
information. All original documents needing the Bee Chairman's signature are tu be delivered to the Bee office only after the Bee has acted to approve the
item.)
Name of Primary Staff Diana DeLeon, Contract Technician Phone Number 252-8375
Contact Purchasing Dcpt.
Agenda Date Item was 12-2-08 Agenda Item Number 16.B.14
Approved by the BCC
Type of Document Assumption Agreement Number of Original Two
Attached Documents Attached
I.
INSTRliCTlONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro fiate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the Bee
Chairman and Clerk to the Board and possihly State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other artics exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval ufthe
document or the final negotiated contract date whichever is applicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing shp
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the Bee's actions arc nullified. Be aware of your deadlincs~
The document was approved by the BCC on 11-18-08 and all changes made during
the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan es, if a Jicable.
Yes
(Initial)
JAK
N/A(Not
A licable)
2.
3.
4.
5.
6.
JAK
JAK
JAK
JAK
JAK
[: Fomlsl County Formsl Bee Forms! Original Documents Routing Slip WWS Origill;]1 903.04, Rcvi~(;d 1?C)'(l5, Revised 2.24.0')
08-PRC-0 1044/2
16814
MEMORANDUM
Date: December 10, 2008
To: Diana DeLeon
Purchasing Department
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Assumption Agreement: Vulcan Material Company
Attached, please find one original as referenced above (Agenda Item
#16BI4) approved by the Board of County Commissioners on
Tuesday, November 18,2008.
The Minutes and Records Department has kept one of the original
documents for the Board's permanent records.
If you should have any questions, please contact me at 252-8411.
Thank you.
Enclosures
ASSUMPTION AGREEMENT
16814
This Assumption Agreement is made and entered into as of p,., (' " ... 0,,-r :2 ~008, by
and between Vulcan Materials Company ("Vulcan"), and Collier County, a political ~ubdivision
of the State of Florida ("County").
WHEREAS, on October 9, 2007, the Collier County Board of County Commissioners
entered into Agreement 07-4167 for "Purchase of Lime Rock and Fill Material, Fixed Term
Contract" with Florida Rock Industries, Inc. (attached hereto as Exhibit A, and hereinafter
referred to as the "Agreement"); and
WHEREAS, Vulcan hereby represents to Collier County that by virtue of an asset
purchase agreement, Vulcan is the successor in interest to Florida Rock Industries, Inc. in
relation to the Agreement; and
WHEREAS, the parties wish to formalize Vulcan's assumption of rights and obligations
under the Agreement, effective as of the date first above written.
NOW THEREFORE, IN CONSIDERATION of the mutual promises in this Assumption
Agreement, and for other good and valuable consideration, the receipt and sufficiency of which
are acknowledged by the parties, it is agreed as follows:
I. Vulcan accepts and assumes all rights, duties, benefits, and obligations of the
Contractor under the Agreement, including all existing and future obligations to pay and perform
under the Agreement.
2. Except as expressly stated, no further supplements to, or modifications of, the
Agreement are contemplated by the parties.
3. Notice required under the Agreement to be sent to Supplier shall be directed to:
SUPPLIER:
Vulcan Materials Company
14341 Alico Road
Fort Myers, FL 33913
Attention: Alan N. Orvin, District Sales Manager
5. The County hereby consents to Vulcan assumption of the Agreement. No waivers
of performance or extensions of time to perform are granted or authorized. The County will treat
Vulcan as the Contractor for all purposes under the Agreement.
IN WITNESS WHEREOF, the undersigned have executed and delivered this Assumption
Agreement, effective as of the date first above written.
I
FOR COLLIER COUNTY:
ATTEST:
DWIGHT E. BROCK, Clerk
~~~i~
'",^tt~P'\Y ~ InIM ,
" , , ~
"'. f. ," "'.'.,, "Y."~\ ,<.,o/ti",1 {1
~ ~ 1 '4~':"""""''''', ~",.oI!\.'t
~ ' oJ'!
'f.
FOR ViJJL(:AN MATERIALS COMPANY:
By: ~/2)~
Alan N. Orvin, District Sales Manager
Date:
/1- jLj-{) X
Approv
and legal sufficiency:
16914
BOARD OF COUNTY COMMISSIONERS
COLLIE COUNTY, FLORIDA
../
Attest:
Corporate Secretary
Date:
/1-/'1-0'</
2
Bid No 07-4167 "Purchase of lime tCk & Fiil Material, Fixed Term Contract" .
16B ,,"
Co~r County
~
COLLIER COUNTY GOVERNMENT
CONTRACT INSURANCE
REQUIREMENTS
TYPE LIMITS ICheckl
X Workers' Compensation Statutory limits of Florida Statutes 440 and Federal Government
Statutory limits and Reauirements
X Emolover's liability X $500,000 $1,000,000
Commercial General liability $500,000 per occurrence X $1,000,000 per occurrence
(Occurrence Form) bodily injury and property bodily injury and property
patterned after the current damage damage
ISO form with no limiting
endorsements.
Business Automobile $500,000 per occurrence X $1,000,000 per occurrence
Insurance bodiiy injury and property bodily injury and property
damaae damane
Pollution liability Insurance $500,000 per occurrence $1,000,000 per occurrence
bodiiy injury and property bodily injury and property
damaae damaae
Builders Risk Insurance OWNER Will Purchase-Reolacement Cost- All Risks of loss
I I
INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor/Consultant
shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities,
damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to
the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the
ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the
performance of this Agreement. This indemnification obligati on shall not be construed to negate, abridge
or reduce any other rights or remedies which otherwise may be avaiiable to an indemnified party or person
described in this paragraph. This section does not pertain to any incident arising from the sole negligence
of Collier Countv.
Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE-The
"Certificate Holde~' should read as follows:
Collier County
Board of County Commissioners
Naples, Florida
No County Division, Department, or individual name should appear on the Certificate. No other format will
be accentable. Thirty (30) Days Cancellation Notice required on Agreements. The contract name and number shall be
included on the certificate of insurance.
Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial
Generalliabilitv and/or Airoort liabilitv where renuired.
BIDDER'S AND INSURANCE AGENT STATEMENT:
We understand the insurance requirements contained in these specifications, and that
the evidence of said insurance may be required within five (5) business days of the
award of bid.
Bidder
Insurance Agency
Signature of Bidder
Signature of Bidder's Agent
11
Bid No 07-4167 "Purchase of Li'ROCk & Fill Material, Fixed Term contract'-
16814
ot/~/JJf{L-
THIS SHEET MUST BE SIGNED BY VENDOR
Board of County Commissioners
Collier County, Florida
Purchasing Department
BIDDERS CHECK LIST
IMP 0 R TAN T: Please read carefully, sign in the spaces indicated and return
with your bid response. Bidder should check off each of the following items as the
necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. The payment terms have been indicated.
5. Any required drawings, descriptive literature, etc. have been included.
6. Any delivery information required is included.
7. If required, the amount of bid bond has been checked, and the bid bond or
cashiers check has been included.
8. Any addenda have been signed and included.
9. The mailing envelope has been addressed to:
Purchasing Director
Collier County Government Center
Purchasing Building "G"
3301 East Tamiami Trail
Naples, Florida 34112
10. The mailing envelope must be sealed and marked with:
. Bid Number
. Bid Title
. Opening Date
11. The bid will be mailed or delivered in time to be received no later than the
specified openinq date and time. (Otherwise bid cannot be considered.)
ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON
THE OUTSIDE OF THE COURIER PACKET.
Florida Rock Industries Ine
Comp~ame
P/ / ZJ~ //rr(...~ ~^.
Signature & Title /
~ - , f -c'
Date
~'-b\\ ~
12
Bid No 07-4167 "Purchase of lim.OCk & Fill Material, Fixed Term contracre
16B14
BID RESPONSE FORM
FROM: Florida Rock Industries Inc
Board of County Commissioners
Collier County Government Center
Naples, Florida 34112
RE: BID No. 07-4167 -- "Purchase of Lime Rock and Fill Material, Fixed Term
Contracf'
Dear Commissioners:
The undersigned, as bidder, hereby declares that he has examined the specifications
and informed himself fully in regard to all conditions pertaining to the furnishing of lime
rock and fill material as per the attached specifications. The Bidder further declares
that the only persons, company or parties interested in this Bid or the Contract to be
entered into as principals are named herein; that this Bid is made without connection
with any other person, company or companies submitting a Bid; and it is all respects fair
and in good faith, without collusion or fraud.
The Bidder proposes and agrees, if this Bid is accepted, to contract with the County
furnish work in full, in complete accordance with the attached specifications, according
to the following unit prices:
Any discounts or terms must be shown on the Bid Form. Such discounts, if any, will be
considered and computed in the tabulation of the bids. In no instance should terms for
less than 15 days payment be offered.
Prompt Payment Terms: 0 %
Days; Net 2!L Days
Addenda received (if applicable): #1
#2
#3
Bid continued on next page....
13
Bid No 07-4167 "Purchase of Limtock & Fill Material, Fixed Term Contract" .
16814
BID RESPONSE (Continued)
PICKUP
PICKUP LOCATIONS
DESCRIPTION
PER CU. YO
PER TON
Lime rock, Uncrushed $ $ N/A
Sunniland Mine Loaded into Vehicles
Highway 29 $10.75
Sunniland Lime rock, Crushed $
Loaded into Vehicles
Stabilizer $ $ N/A
Fort Myers Quarry
14341 Alico Road Rock #89, 3/8" $ $16.40
rare Myers, ~'L 33913
" " Rock #57, Y:z" - Yo" $ $15.80
Rip-Rap (6"-12") $ $ N/A
" " Screenings $ $14.00
Sand Fill $ $ N/A
Sunniland Mine
Highway 29
Sunniland Overburden Fill $ $5.75
Witherspoon Mine
11655 w SR78
Moorehaven, FL 3347/..1 $ $ B. 65
asonry Sand
Alternate Bid Item
Unit
Cost
Deposit for Transponder
Each
$ N/A
Bid continued on next page. . . . . . . . . .
14
Bid No 07-4167 "Purchase of Lim.l,ck & Fill Material, Fixed Term Contract" .
LOCATIONS
BID RESPONSE Continued)
DELIVERED
DESCRIPTION
PER cu. YO
16B14
PER TON
$ NIl'.
$ NIl'.
$
NIl'.
Lime rock, Uncrushed $
Loaded into Vehicles
Delivery: Days ARO
$
NIl'.
Lime rock, Crushed $
Loaded into Vehicles
Delivery: Days ARO
$
NIl'.
Stabilizer
Delivery:
$
Days ARO
$
NIl'.
Rock #89, 3/8"
Delivery:
$
Days ARO
$
NIl'.
Rock #57, y," - y.," $
Delivery: Days ARO
$
NIl'.
Rip-Rap (3" - T') $
Delivery: Days ARO
$
NIl'.
Screenings
Delivery:
$
Days ARO
15
Sand Fill
Delivery:
$
Days ARO
Overburden Fill
Delivery:
$
Days ARO
Bid continued on next page. . . . . . .
Bid No 07-4167 "Purchase of lim.ock & Fill Material, Fixed Term contracre
16814
BID RESPONSE CONTINUED
The service to be furnished by us is hereby declared and guaranteed to be in conformance with the
specifications of the County. The undersigned do agree that should this Bid Response be accepted, to
execute the form of contract and present the same to the County Purchasing Director for approval within
fifteen (15) days after being notified of the awarding of the Contract.
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 13th day of
August, 2007 in the County of Lee, in the State of Florida
Florida Rock Industries Inc
Firm's Complete Legal Name
14341 Alico Road
(Address)
Fort Myers. FL 33913
(City, State, ZIP)
Phone No. 239-454-2831
Fax No. 239 4~4 6146
By: Alan N Orvin/ ~<:)
Typed and Written Signature
District Sales Manaqer
Title
Check one of the following:
o Sole Proprietorship CI
[)?'Corporation or P.A. State of r t..-
O limited Partnership
o General Partnership
.....**..****************'it****************************************"'***********"'*********"'***************
ADDITIONAL CONTACT INFORMATION
Send Payments To:
(REQUIRED ONLY if different from above)
Contact Name Jeanne Hodqe
Title A/R Supervisor
Florida Rock Industries Inc
(Company Name used as Payee)
PO Box 102835
(Address)
Atlantal FA 30368-2835
(City State ZIP)
Phone No. 904-735-1781 Ext 380
FAX No. 904-791-1821
Email address:JeanneH@flarock.com
Office Servicing Collier County Account
/Place Orders/Request Supplies
(REQUIRED ONLY if different from above)
14341 Alico Road
(Address)
Contact Name Nicole Berry
Tille Sales Associate
Phone No.
FAX No.
Email Add ress:
Fort Myersl FL 33913
(City, State, ZIP)
239-454-2831
239-454-6146
nicoleaberry@aol.com
NOTE: If you choose to Bid, please submit an
ORIGINAL and ONE COPY of your Bid Pages.
16
Donna Fiala
District 1
Frank Halas
District 2
Tom Henning
District 3
Fred W. Coyle
District 4
Jim Coletta
District 5
Pl3~ o/~I!t~ yt~ yt~
3301 East Tamiami Trail. Naples, Florida 34112 - 4977
(239) 252-8097 . Fax (239) 252-3602
16815
December 2, 2008
Lee County Board of County Commissioners
Old Lee County Courthouse
2120 Main Street,
Fort Myers, Florida 33901
Dear Commissioners:
This letter is to express our interest in working with your Transit Department to establish
a route connecting Lee and Collier County Transit systems. On December 2, 2008,
Collier County Board of County Commissioners took Board action to show their support
for a transit connection linking Collier County with Lee County.
Lee and Collier County Transit staff have had preliminary discussion regarding route
alignment and the estimated cost to operate. A proposed route running south along US 41
from Coconut Point Mall to Immokalee Road/North Collier Hospital, where the route could travel
east to Creekside Way following Creekside back to US 41, is being considered with the following
observations:
. The proposed Route could connect with Routes I A & 1 B providing an alternative transfer
location for riders coming from or going to Lee County. LeeTran will adjust schedule
accordingly.
. The proposed Route will operate days and times when connections between systems are
possible including limited Sunday service.
. Both Lee and Collier transit systems will be responsible for the development, operation and
maintenance of bus shelters and passenger amenities within their jurisdiction.
Coordination with both local boards would be required to finalize this service cormection. An inter-
local agreement would be required to operate the service which would include, but not limited to,
the following operational aspects:
. Vehicles - Agreement will identifY what vehicle type, including spares will be operated on
the route. LeeTran agrees to operate a smaller vehicle with no advertisement when
possible.
. Funding - Capital and operating expenses will be identified, including sources of funds.
16815
. Shelters - ~~h transit system will be responsible for the development, operation and
maintenance of bus shelters and passenger amenities. Both systems will coordinate to post
bus stop information along the route.
. Fares - Establishment of fare structures and passes. It is recommended that both
jurisdictions charge the same fare for this route. Additional coordination would be needed
on honoring passes.
. ADA Paratransit Service - Agreement that each jurisdiction's system will be responsible
for trips based on where they originate.
. Performance Measures and Criteria for Success - Each jurisdiction will be required to
report on perfOlmance measures for the established route in order to meet the service
development grant requirements.
. Branding/Outreach - Each jurisdiction should coordinate marketing of the established
route including developing informational materials and branding the service in order to
promote ridership.
We recommend that both systems run an independent bus for this proposed route so that
each jurisdiction can begin the service on its own time frame. This will enable both
transit systems to report through the National Transit Database the passenger boardings
and vehicle revenue miles data to insure continued Federal funding. The community will
be better served with 2 buses running this proposed route.
Collier County looks forward to working with you on this Transit connection.
S;'JI>A-
<
Tom Henning, Chairman
Collier County Board of County Commissioners
cc: Commissioner Fiala, Vice Chairman, District I
Commissioner Halas, District 2
Commissioner Coyle, District 4
Commissioner Coletta, District 5
10 BeL .
ORIG. INAL DOCUMENTS CHECKLI. ST .&. R. OUTING SLIP .t/. f
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ?::]l(fj
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE . . .
(Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The
i~~f~:~)d routing slip and original documents are to be forwarded to the Board Office only after the Board halao alfnln 6
ROUTING SLIP , . . .'
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, a,nd/or information needed. If the document is
already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the
checklist, and forward to Sue Filson (line #5).
Route toAddressee(s) Office Initials Date
(List in routing order)
I.
2.
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is tlJe person whocreatedlprepared the executive
summary. Primary contact information is needed in the event one ofthe addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairmari's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.
Name of Primary Staff Margaret Bishop
Contact
Agenda Date Item was 12/2/08
Ap roved by the BCC
Type of Document
Attached
6. Minutes and Records
Clerk of Courts Office
PRIMARY CONTACT INFORMATION
Phone Number.
Agenda Item Number
Agreement
Number of Original
Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
appro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office ofthe County Attorney. This includes signature pages from ordinances,
resolutions, etc. sighed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibly State Officials.)
All handwritten strike"throughand revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final negotiated contract date whichever is a plicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 12/2/08 and all changes made during the
meeting have been incorporated in the attached document. The County Attorney's Office
has reviewed the changes, if applicable.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip
WWS Original 9.03.04
I.
2;
3.
4.
5.
6.
(239) 252-5857
l6B 16
Yes
(Initial)
N/A (Not
A licable)
?N~
?1tt{t1
/Jv{'!l.
Pvl'tl
~~
1Nt~.
Item #1681612-2-08 Agmt. w/Naples Lakes Country Club HOA
Page lofl
Ann P. Jennejohn
16816
From: BishopMargaret [MargaretBishop@colliergov.net]
Sent: Tuesday, January 27,20099:25 AM
To: Ann P. Jennejohn
Subject: RE: Item #16B1612-2-08 Agmt. w/Naples Lakes Country Club HOA
Hello Ann,
I spoke with Jeff Klatzkow and he said we did not need the witness signatures. Yes it needs to be recorded.
Thank you,
Margaret A. Bishop, P.E.
Senior Project Manager
Stormwater Management Section
2885 South Horseshoe Drive
Napies, FL 34104
(239) 252-5857 (phone)
(239) 252-6050 (fax)
From: Ann P. Jennejohn [mailto:Ann,Jennejohn@collierclerk.com]
Sent: Tuesday, January 27, 2009 9:13 AM
To: BishopMargaret
Subject: Item #16B16 12-2-08 Agmt. wjNaples Lakes Country Club HOA
<<Item #16B16 12-2-08 BCC Mtg..pdf>>
Hi Margaret,
We have your agreement between the County and the Naples Lakes Country Club HOA in our office
and I had two quick questions for you.
1. Does it matter that on page 4 (of 4) there are no witness signatures?
2. Agreements withe County are often recorded.
Would you like this document recorded?
Please get back to me when you have a free moment.
Thank you, have a good one!
Ann
Clerk to the Board
Minutes & Records Department
239-252-8406 (Fax: 239-252-8408)
ann.j ennej ohn@collierclerk.com
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. instead, contact this a,/jice by telephone or in writing
1/27/2009
4254570 OR: 4422 PG: 2884
RECORDBD in OFFICIAL RECORDS of COLLIER COUNTY, FL
01/27/2009 at 10:27AK DWIGHT E. BROCK, CLERK
EXT 8406 REC FBB 35.50
COPIES 4.00
Retn:
CLERK TO THE BOARD 16B 16
rDOFFICE_ 4TH nOOJR
THIS AGREEMENT is made and entered into this ~day of ~ , 2008 by
and between NAPLES LAKES COUNTRY CLUB HOMEOWNERS ASSOCIATION,
INC., a Florida corporation (hereinafter "Association"), whose mailing address is 4784 Inverness
Club Drive, Naples, Florida 34112, and COLLIER COUNTY, A POLITICAL
SUBDIVISION OF THE STATE OF FLORIDA, (hereinafter "County"), whose mailing
address is 3301 Tamiami Trail East, Naples, Florida 34112.
AGREEMENT
WHEREAS, County is enhancing two parcels ofland totaling 109.3 acres in Sections 9
and 15, Township 50 South, Range 26 ~ast, in Collier County, Florida as mitigation of the Lely
Area Stormwater Improvement Project; and
WHEREAS, the enhancement consists of treatment of exotics, supplemental planting of
selected wetland areas and long term maintenance; and
WHEREAS, the County also desires to improve the property to include a pathway,
parking facility, observation platform and vegetation management plan; and
WHEREAS, at the request of Association, County agrees to fund the installation of a 6-
foot chain link fence, decorative fence, shrub or a combination of fence and shrub a distance of
3000 linear feet on the northern end of Association's property.
NOW THEREFORE, in consideration of the above premises which are incorporated
within and made part of this Agreement, and in further consideration of the mutual covenants set
forth below, and other good and valuable consideration, acknowledged by the parties to be
sufficient, just and adequate, the parties hereto do agree as follows:
1. The Association shall install and maintain a 6-foot chain link fence, decorative
fence, shrub or a combination of fence and shrub a distance of 3000 linear feet on the northern
end of Association's property.
2. The Association shall be responsible for obtaining all required permits for the
installation of the fence, decorative fence, shrub or a combination of fence and shrub prior to
commencement of installation of the fence, decorative fence, shrub or a combination of fence
and shrub.
3. The County will pay the Association upon completion of the fence, decorative
fence, shrub or a combination of fence and shrub installation in accordance with the following:
A. The County shall pay the Association the actual cost of the fence, decorative
fence, shrub or a combination of fence and shrub up to the sum of $47,500. Said
reimbursement shall be made within thirty (30) days of receipt and approval by
the County of appropriate verification as stated below.
Page 1 of 4
OR: 4422 PG: 2885
16816
B. The Association or its designee, shall: (a) provide the County copies of all
invoices or other documentation for approval. Payment( s) shall be approved upon
satisfactory review by the County. (b) provide a letter from the Association,
signed by the President, stating that the fence, decorative fence, shrub or
combination of fence and shrub has been installed to the satisfaction of the
Association and requesting the County to reimburse the Association for the
invoice( s) for purposes specified in paragraph 1. In no way shall the amount to be
paid exceed $47,500.
C. The Association shall obtain at least three (3) written price quotes from vendors
qualified in installing chain link fences, decorative fences, and/or shrubs and shall
select its preferred top three (3) quotes based upon price, reputation ofthe vendors
and other relevant criteria. The Association will accept the written quote provided
by the lowest bidder of the top three (3) quotes selected by the Association.
D. Association will provide copies of the written price quotes to County upon
submission of its final billing documents following installation of the fence and/or
shrub(s). County shall not be responsible for paying vendors and shall not be
involved in the selection of subcontractors or vendors. Association agrees to
disclose any relationship between Association and the subcontractors or vendors,
including, but not limited to, similar or related employees, agents, officers,
directors, shareholders and/or members.
4. Association shall maintain records, books, documents, papers and financial
information pertaining to work performed under this Agreement. Association agrees that the
County, or any of its duly authorized representatives, shall, until the expiration of three (3) years
after final paymFlnt under this Agreement, have access to, and the right to examine and photocopy
any pertinent books, documents, papers, and records of the Association involving transactions
related to this Agreement.
5. Association shall not assign, convey, or transfer in whole or in part its interest in
this Agreement without the prior written consent of the County.
6. County shall not be responsible for maintenance of the fence, decorative fence,
shrub or combination of fence and shrub specified in paragraph 1.
7. Association agrees to protect, defend, indemnify and hold the County harmless
from any and all claims, actions, causes of action or liabilities including attorney's fees and costs
arising from or in any way connected with the use of the funds or the selection, purchase,
delivery, installation, maintenance or use of the fence by the Association, its agents, employees,
members or any third party.
8. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
Page 2 of 4
OR: 4422 PG: 2886
9. Any notice required by this Agreement shall be addressed to the parties at the
addresses set forth below:
IF TO THE ASSOCIATION:
Naples Lakes Country Club Homeowners Association, Inc.
4784 Inverness Club Drive
Naples, FL 34112
16B16
IF TO THE COUNTY:
Collier County
c/o Margaret A. Bishop, P.E.
Stormwater Management Section
2885 South Horseshoe Drive
Naples, FL 34104
10. This Agreement shall become effective upon approval by the Collier County
Board of Commissioners and shall remain effective for one year. The Association may request
an extension of this term in writing at least thirty (30) days prior to the expiration of this
Agreement, and the County may agree by amendment to this Agreement to extend the term for an
additional one year.
11. This Agreement represents the entire Agreement between the parties, and no
promise, representation, warranty or covenant not included in this Agreement or any such
referenced agreements has been or is being relied upon by either party. No modification or
amendment of this Agreement shall be of any force or effect unless made in writing and executed
and dated by both parties.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed on
the day and year first above written.
ATTEST:
DWIGHT E,. BROCK, Clerk
.' ~ 1;~:?Ii'O
.......~..... (~.{\
.... C:.".
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Chairman
c:.
B
'".':,. <.," ':~ ': b~ y Clerk
A "!'-,' ''(f ) , "Qfi/' .:.':
, .... ,IS;. \ .,,..,
fI:A.., ,."....~,!i. .,.,
. '.^," ai;" ,~.!;.' .
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Item# llQbliq
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Page 3 of4
1
,
*** OR: 4422 PG: 2887 ***
16B16
Witnesses:
NAPLES LAKES COUNTY CLUB
HOMEOWNERS ASSOCIATION, INC.
Sign:
By0~~ Vai:vL
"J>A}/:&ff L ,e. (i/,AL.sl, , President '
Print name:
Sign:
Print name:
Appr ved as to form and
legal uffi e cy:
J effre
Count
Page 4 of 4
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI} 6 c 1
. TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMl\1ISSIONERS OFFICE FOR SIGNATURE
Prim on pin!: paper. Altld1 to origillal "~~, Origillal "~m~N sIIou1d be hand delivered to l11e Board Ollie... ~campldod routing !lip lU1d originnJ
"~~N", to befutwardt:d.to l11e BoardOtlicl: onlya/le"lbc Board has <:ili:D.actiozI.OI1l11e itom.) . . ... .
. . ROUTING SLIP ,'" . .
Camplcle nl1Iling Iizu::J 11 t!Imugllll4 as ~ fur addiliaW siguam=, dat=, a:rJIjfor iDromwiOl1 =deL/f l11e "~,;,~;. i.s '"=dy campi... with <he
donofthe~'ssi dnw.line t!lmu roulin _#1 tbroa 114, lelel11echeckJi.st; mdfbrward to S....FiJ.soa (Iine#:l).
Route to Addressee{s) . Office Initials Date
(Li.st ill routin order)',.._
L
PRIMARY CONTACT INFORMATION
(The primary -- i.s l11e bolder o( <he origiDal "~~~, peuding Bee approval. NonnalIy l11e primary eon= i.s <he pc:son who <=l!I:dIpn:pm:d <lie cxccwive
SlUlIIZWY. Primary eon= iDfurmalion is _ ill <lie eVC2l' """ 0( <lie -== llbove, iDclwling S... RlsoD. oced to cpo= sat! fur addilioaal or orissing
iDfomwioa. All origiDal documcors ceeding<lle Bce Clairmaa', sill"'lIIte "" 10 be delivered 10 l11e Bee office ouJy after lbc BCe has JICIl:d ID approve !be
ia:m.l
Name of Primary SlJIff
Contact
Agenda D~ Item was
roved b the BCC
Type of Document
Altached
\....
2.
3.
4.
5. Sue FIlson. Executive Manager
Board of County Commissioners
6. .Minutes and Records
Cleric of Coun's Office
,sue.:.Jim ZimmenYl
De.c.e.mbcx ~ J QOD5S
Inter! 0 c:cJ A ~-h
PlOne Number
Agenda Item Number
Number of Original
Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "'N/ A" in the Not Applicable column. whichever is
1.. Original document has been sigDedfmitialcd for legll! sUfficiency. (All documents to be
signed by the Chairman, with the exception of most Jettcrs. must be reviewed ami signed
liy the Office of the County AJ1Dmey. This includes signatUre pages from orrIin.n=.
r=olutions. etc. signed by the Cannty AJ11Jrney's Offic:e ami signature pages from
contracts. agret'"".nts. etc. dIat have been fully executed by all parties except the BCC
0Iairman ami CIc:rk to the Board ami I State Qflicials.)
2. All baIldwritten.strilre-tbrough and revisions have been initialed by the County 4tto=y.' s
Office ami all other ardes the BCC Cbainnan and the Clc:rk to the Board
3. The Cbaiopan's signature II:ne date has been entered as the date ofBCC approval of the
doc:ument or the final De tiated contract date whichever is Iicable.
4. "Sign here" tabs are placed on the appropriate pages indiC3ting where the Chairman's
si ami initials are r
5. In ri10st cases (some contracts are an exception), the original document ami this routing slip
should be provided to Sue Filson in the BCC office within 24 00= ofBCC approval.
Some documents are time sensitive ami require 'forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
6. The doc:ument was approved by the BCC on (enter date) and all changes
made dnriDg the meeting have been incorpo in the attached document. The
Coon Attorn's Office bas reviewed the es. if a licable.
J5:< - ;}fod-
I~ C I
3
Yes N1A(Not
(Initial) licable)
~
vO.
N
.,'
l: FonnsI Counsy FonnsI Bee FonnsI OriginllJ Docmncus Rncoztg Slip WWS Original 9.03.04, Revised 1.26.05. Remod 2.24.0'
MEMORANDUM
Date:
December 10, 2008
To:
Sue Zimmerman
Real Estate Services
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Interlocal Agreements with City of Naples and Collier
County School District
Attached please find three (3) original document, as referenced
above (Agenda Item #16Cl), approved by the Board of County
Commissioners on Tuesday, December 2, 2008.
Please forward for recording and return the fully executed oril!:inal
to the Minutes and Records Department so that it may be kept as part
of the Board's permanent record.
If you should have any questions, please contact me at 252-8411.
Thank you.
Attachments (3)
16CZ
16Cl
INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND CITY OF NAPLES
FOR DEBRIS REMOVAL
THIS INTERLOCAL AGREEMENT is made and entered into this ~ day of
\.Jf'CP mb'.r
, 2008, by and between Collier County, a political subdivision of the State of
Florida, hereafter referred to as "County," and the City of Naples, a municipal corporation, hereafter
referred to as "City."
WITNESSETH:
WHEREAS, the Collier County Solid Waste Management Department is responsible for
planning and administering the debris recovery and removal operation in the aftermath of a severe
weather event; and
WHEREAS, during a debris recovery mission, County staff is given the direction to pick up
debris that is reimbursable through the Federal Emergency Management Agency, hereafter referred
to as "FEMA"; and
WHEREAS, during these events, some incorporated areas are covered as part of the debris
recovery effort, such as Everglades City, the City of Marco Island, and some portions of the City of
Naples; and
WHEREAS, several thousands of dollars may be expended by the County to collect,
monitor, and dispose of debris in these areas; and
WHEREAS, the County has a concern that there may be an incident or occasion where
FEMA may not reimburse the County for its work and effort.
NOW, THEREFORE, in consideration of the premises and the mutual covenants and
agreements of the parties, the parties hereto agree as follows:
1. Term. The term of this annual agreement is from June 1, 2008, through May 31, 2009, and
shall automatically renew each year unless terminated as provided herein.
2.
Responsibilities.
16Cl
A. County. The County agrees to:
a. Following the occurrence of a natural disaster in which Collier County becomes
eligible for reimbursement by FEMA for the cleanup and removal of disaster debris,
the County will undertake to remove disaster debris from both the unincorporated
and portions of the incorporated areas of the county;
b. County staff and contractors shall use their best efforts to remove only debris that is
eligible for reimbursement by FEMA.
B. City. The City agrees to:
a. Should the City wish to have debris removed that the County has determined to be
ineligible for State or FEMA reimbursement, the City agrees to reimburse the
County no later than thirty (30) days from the invoice date for the removal not
reimbursed and disposal ofthis ineligible debris;
b. Should some debris removed from the City be deemed ineligible for reimbursement
by the State or FEMA, the City will reimburse the County for the cost of the removal
not reimbursed and disposal of this debris no later than thirty (30) days from the
invoice date;
c. Should FEMA or State not reimburse the County 100% for eligible debris, the City
. will reimburse the County for the percentage excluded by the State and FEMA.
d. Following a natural disaster, the City will inform Collier County if the City does not
wish to have debris removed from the city by the Collier County Waste Management
Department.
3. Termination. This Agreement may be terminated by thirty (30) days notice by regular U.S.
mail to the parties at the following locations:
County:
Collier County Board of County Commissioners
Solid Waste Management Department
3301 E. Tamiami Trail
Naples, Florida 34112
City:
City of Naples
Public Works Department - Utility Division
380 Riverside Circle
Naples Florida 34102
4. Miscellaneous. This Agreement shall be governed and construed under the laws of the State
of Florida.
llPlo1
_ _..'___M__._'m____.~_
16Cl
5. Entire Agreement. This Agreement is the entire agreement between the parties and contains
all the terms agreed upon.
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the date
first written above.
ATTEST:
~'<1~'~, ~-
:4,(' 'l\Ju"'...,",C ~~
Approval as to form and legal Sufficiency:
/ . .'j () \
lii,\ \, . (:)\
Robert D. Pritt, City Attorney
ATTEST;,..,. ..
DWIQH'tRBR'bCK, CLERK
,,-..,' . v,
~~~~
c' test4~)to.Ch4I,.... I
, illA_t......" ,
ApprovaHts to form and legal Sufficiency:
~Be~
Assistant County Attorney
CITY OF NAPLES
BOARD OF COUNTY COMMISSIONERS
OF COLLIE CO Y, FLORIDA
, CHAIRMAN
f\debris\interlocal\interlocal agreement debris removal city of naples\lI-3-08
16Gl
INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND THE SCHOOL
DISTRICT OF COLLIER COUNTY FOR DEBRIS REMOVAL
THIS INTERLOCAL AGREEMENT is made and entered into this ~ day of
j)e.Cf'mbe'f , 2008, by and between Collier County, a political subdivision of the State of
Florida, hereafter referred to as "County," and the School District of Collier County, Florida,
hereafter referred to as "District."
WITNESSETH:
WHEREAS, the Collier County Solid Waste Management Department is responsible for
planning and administering the debris recovery and removal operation in the aftermath of a severe
weather event; and
WHEREAS, during a debris recovery mission, County staff is given the direction to pick up
only the debris that is reimbursable through the State and Federal Emergency Management Agency,
hereafter referred to as "FEMA"; and
WHEREAS, after these severe weather events, the District may request debris pick up as
part of the County debris recovery effort; and
WHEREAS, several thousands of dollars may be expended by the County to collect,
monitor and dispose of debris in these areas; and
WHEREAS, the County has a concern that there may be an incident or occasion where
FEMA may not reimburse the County for its work and effort.
NOW, THEREFORE, in consideration of the premises and the mutual covenants and
agreements of the parties, the parties hereto agree as follows:
I. Term. The term of this annual agreement is from July 1,2008, through June 30, 2009, and
shall automatically renew each year unless terminated as provided herein.
2.
Responsibilities.
16Cl
A. County. The County agrees to:
a. Following the occurrence of a natural disaster in which Collier County
becomes eligible for reimbursement by the State and/or FEMA for the
cleanup and removal of disaster debris, the County will undertake to remove
disaster debris from both the unincorporated and portions of the incorporated
areas of the county;
b. County staff and contractors shall use their best efforts to remove only debris
that is eligible for reimbursement by the State and/or FEMA.
B. District. The District agrees to:
a. Should the District provide written notice to the County to have debris
removed that the County has determined to be ineligible for State or FEMA
reimbursement, the District agrees to reimburse the County (at the County's
actual cost) no later than sixty (60) days from the invoice date for the
removal not reimbursed and disposal of this ineligible debris;
b. Should some debris removed from the District be deemed ineligible for
reimbursement by the State or FEMA, the District will reimburse the County
for the actual incurred cost of the removal not reimbursed and disposal of this
debris no later than sixty (60) days from the invoice date;
c. Should FEMA or State not reimburse the County 100 percent for eligible
debris, the District will reimburse the County for the percentage excluded by
the State and FEMA.
3. Termination. This Agreement may be terminated by thirty (30) days notice by regular U.S.
mail to the parties at the following locations:
County:
Collier County Board of County Commissioners
Solid Waste Management Department
3301 E. Tamiami Trail
Naples, Florida 34112
District:
The School District of Collier County
Director of Purchasing
5775 Osceola Trail
Naples, Florida 34109-0919
4. Miscellaneous. This Agreement shall be governed and construed under the laws of the State
of Florida.
5. Entire Agreement. This Agreement is the entire agreement between the parties and contains
all the terms agreed upon.
16Cl
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the date
first written above.
ATTEST:
De~~;~~nt
Richard Withers, School Board Attorney
"~
ATTEST: .' '0 , .!,~ "
DWIGHJ;E. BRoCt<l>CLERK.
r{:. ._~'i~~n ~
~~
AtVst ntl1' 0l.11"NrI s
S i Q#is:tl;'r~ ., .
Approval as ro:f<5rm and legal Sufficiency:
y
THE SCHOOL BOARD OF COLLIER
COUNTY
By: ~dtA ,~
DA ABBOTT, CHAIR
BOARD OF COUNTY COMMISSIONERS
OF COLLI R CO JY, FLORIDA
AIRMAN
~6Cl
INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND THE SCHOOL
DISTRICT OF COLLIER COUNTY FOR DEBRIS REMOVAL
THIS INTERLOCAL AGREEMENT is made and entered into this ~ day of
DE'I'fmm.r , 2008, by and between Collier County, a political subdivision of the State of
Florida, hereafter referred to as "County," and the School District of Collier County, Florida,
hereafter referred to as "District."
WITNESSETH:
WHEREAS, the Collier County Solid Waste Management Department is responsible for
planning and administering the debris recovery and removal operation in the aftermath of a severe
weather event; and
WHEREAS, during a debris recovery mission, County staff is given the direction to pick up
only the debris that is reimbursable through the State and Federal Emergency Management Agency,
hereafter referred to as "FEMA"; and
WHEREAS, after these severe weather events, the District may request debris pick up as
part of the County debris recovery effort; and
WHEREAS, several thousands of dollars may be expended by the County to collect,
monitor and dispose of debris in these areas; and
WHEREAS, the County has a concern that there may be an incident or occasion where
FEMA may not reimburse the County for its work and effort.
NOW, THEREFORE, in consideration of the premises and the mutual covenants and
agreements of the parties, the parties hereto agree as follows:
I. Term. The term of this annual agreement is from July 1,2008, through June 30, 2009, and
shall automatically renew each year unless terminated as provided herein.
2. Responsibilities.
J6Cl
A. County. The County agrees to:
a. Following the occurrence of a natural disaster in which Collier County
becomes eligible for reimbursement by the State and/or FEMA for the
cleanup and removal of disaster debris, the County will undertake to remove
disaster debris from both the unincorporated and portions of the incorporated
areas of the county;
b. County staff and contractors shall use their best efforts to remove only debris
that is eligible for reimbursement by the State and/or FEMA.
B. District. The District agrees to:
a. Should the District provide written notice to the County to have debris
removed that the County has determined to be ineligible for State or FEMA
reimbursement, the District agrees to reimburse the County (at the County's
actual cost) no later than sixty (60) days from the invoice date for the
removal not reimbursed and disposal of this ineligible debris;
b. Should some debris removed from the District be deemed ineligible for
reimbursement by the State or FEMA, the District will reimburse the County
for the actual incurred cost of the removal not reimbursed and disposal ofthis
debris no later than sixty (60) days from the invoice date;
c. Should FEMA or State not reimburse the County 100 percent for eligible
debris, the District will reimburse the County for the percentage excluded by
the State and FEMA.
3. Termination. This Agreement may be terminated by thirty (30) days notice by regular U.S.
mail to the parties at the following locations:
County:
Collier County Board of County Commissioners
Solid Waste Management Department
3301 E. Tamiami Trail
Naples, Florida 34112
District:
The School District of Collier County
Director of Purchasing
5775 Osceola Trail
Naples, Florida 34109-0919
4. Miscellaneous. This Agreement shall be governed and construed under the laws of the State
of Florida.
5. Entire Agreement. This Agreement is the entire agreement between the parties and contains
all the terms agreed upon.
16Cl
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the date
first written above.
ATTEST:
fZ..2A
tendent
Appro s to form and legal Sufficiency:
;1. . W'p/
Richard Withers, School Board Attorney
\ (\,Tt~1;: l'~
~~
~..'..~:." . L
" At t it:>to Ctl4 ,,..... .
'I, " .:'
-:. s i.\ln(\..~"~ on I '
. ....1. ..'
Approval as to form and legal Sufficiency:
Jennifer A. Belp
Assistant County
THE SCHOOL BOARD OF COLLIER
COUNTY
By: ~~ t1r~
DA ABBOTT, CHAIR
BOARD OF COUNTY COMMISSIONERS
OF COLLIER CO TY, FLORIDA
CHAIRMAN
,,':
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 160-1
. TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO .
THE BOARD OF COUNTY COMMISSIONERS OFFlCE FOR SIGNATURE
i'l:im CD pink papct. Atcld1to origiD:1l ~, 0rigiD:1l rl~m_" 3bDuJd be !wid ddivered. to Il1c Board Office.. Thc-comp/.eb:d routing !lip ",d original
d~-" = to ilefocwarded.to Il1c BoatdOflia: onJy!l!!l!:tboBoatdlw t:lkelLaaUm.CIllIl1c item.) . . . .'. ..
. '. . . ROUTING SLIP . ....
eoa;plooo l'lJItting lines tl tbroaah 114 as ~ far addilicaaI signam=, dates, and/or intixmadon lIC:ded..lt Il1c rl~_~ is .J=dy complcto wilh Il1c
'CD ofll1c""""""". . dn....1ine tbraa lOlIlin lines#llhroa /14, Iclz.Il1c cbccl:Jist; md forward to SIltFiJsal1 (Iino1l5).
Route to Addressee(s) . Office Initials Date
(Il.tillraulin anlcr)' ';.'"
I.
3.
2.
4.
5. Sue FIlson, Executive Manager
Board of County Commissioners
6. Minutes and Records
Clerk: of Court's Office
PRIMARY CONTACT. INFORMATION
('!be primary -= is Il1c bolder of Il1c arigiDal dac:lmu:ll, p.....g Bce 'l'proVlll. NamIlI.lly Il1c primary CCIllClCC is tbo peso. woo cre:uodIpropared Il1c =dve
summary. Primary cca.racr: iDfarmuiOl1 is uccdt:d ill the evClt ODe of the ~cr::s above. incJuding Sue FUson. aced to c:oa.tu:t SC1ff foraddirioa.a.l or I2:1issius
iDfamwioa. All arigiD:1l c!cc:um=lS nc:cdini'" Bce CIuIir-m;m', nglll1lUnl "" to bc delivered. lD Il1c Bee office only oilor... Bee Iw aCII:d lD IpplOVcll1c
item..)
Name of Primary SbJif
ConlaC!
Agenda Date Item was
ved b the ECC
Type otDocumcm
.A "',.hed
8ue;.,0lm i(1)fYI
. d.) d.Co~
Pllone Number
Q :1~ ~b;l~
) J
Agenda Item Number
Number of Original
Documents AtlaChed
I
INSTRUCTIONS & CHECKLIST
InitiaI the Yes column or marlc"NJA" in theNOI Applicable column, whichever is
Yes N1A(Nol
(Initial) licable)
1.. Original .!n.-.,m"!lt has been sigDedl"mitialed fur legal stifficiency. (All documents to be
signed by the. Chairman. with the exception of most letters; must he reviewed and signed
liy the Office of the County A1mmey. This iIlcludes signalllre pages from ordinances.
resolutions. ele.. signed by the County A1mmey's Office and signalllre pageS from 01._
COnlrads. agreemenlll, eu:. that have been fnIly =uted by all parties exceplthe ECC O' (J
0Iairman and CIed: to the Eoatd and I Stale Oflicials.) . . .
2. Alllwldwrittcn.strila:-throagh aDd revisions ba... been initialed by the County A1:rrJrney: s
Office and all other atties I the ECC Chairman aDd the Clerlc to the Boatti
3. TheChampn's signalllre line date has been entered as the date ofBCC approval oithe
doc:ament or the final no liared contract date wbichever is licable.
4. "Sign here" labs are placed on the appropriate pages indicating where the Chairman' s
si' and initials are
5. In most cases (some conttacts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BeC office within 24 hours oiECC approval.
Some ~'"'''!ItS are time sensitive and ceqnire forwarding to TaIlah.assee within a certain ' N A
time frame or the ECC's actions are nullliied. Be.ware of our deadlines!
6. The doc:ument was approved by lbe Bee on (enter date) and all changes %'.
made during the meeting have been Incorpora in the attached docnment. The
COUD Attorn's OfliOl has renewed !he os, if a liable..
~ l'otrmI Couacy _ Bee _ Original Jlocmncm:l Rooting Slip WWS DrigimJ 9.03.04, Revisod 1.26.(}j. R,vesod U4.0~
MEMORANDUM
Date:
January 28, 2009
To:
Sue Zimmerman
Real Estate Services
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Interlocal Agreement Between Collier County and the
City of Marco Island for Debris Removal
Attached is the original document, referenced above (Agenda Item
#16Cl), approved by the Board of County Commissioners on
Tuesday, December 2, 2008.
After recording please return the original to the Minutes and
Records Department.
If you should have any questions, please contact me at 252-8411,
Thank you.
,16Cl
16Cl
INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND CITY OF
MARCO ISLAND FOR DEBRIS REMOVAL
THIS INTERLOCAL AGREEMENT is made and entered into this M ~y of
','o.h 100C(:'-'"
0- Cl.n.\la ~ ' 200f, by and between Collier County, a political subdivision of the State of
Florida, herea er referred to as "County," and the City of Marco Island, a municipal corporation,
hereafter referred to as "City,"
WITNESSETH:
WHEREAS, the Collier County Solid Waste Management Department is responsible for
planning and administering the debris recovery and removal operation in the aftermath of a
severe weather event; and
WHEREAS, during a debris recovery mission, County staff is given the direction to pick
up debris that is reimbursable through the Federal Emergency Management Agency, hereafter
referred to as "FEMA"; and
WHEREAS, during these events, some incorporated areas are covered as part of the
debris recovery effort, such as Everglades City, the City of Marco Island, and some portions of
the City of Naples; and
WHEREAS, several thousands of dollars may be expended by the County to collect,
monitor, and dispose of debris in these areas; and
WHEREAS, the County has a concern that there may be an incident or occasion where
FEMA may not reimburse the County for its work and effort.
NOW, THEREFORE, in consideration of the premises and the mutual covenants and
agreements of the parties, the parties hereto agree as follows:
I. Term, The term of this annual agreement is from June 1,2008, through May 31, 2009,
and shall automatically renew each year unless terminated as provided herein.
2, Responsibilities,
A. County, The County agrees to:
a, Following the occurrence of a natural disaster in which Collier County becomes
eligible for reimbursement by FEMA for the cleanup and removal of disaster
debris, the County will undertake to remove disaster debris from both the
unincorporated and portions of the incorporated areas of the county;
u"___'__>~"'__'~' ..."~____.,,-__.~_...""_'_
'i! (,~, '~
... !. .
A. '-'..' \..i./ J,
b, County staff and contractors shall use their best efforts to remove only debris that
is eligible for reimbursement by FEMA,
B, City, The City agrees to:
a. Should the City wish to have debris removed that the County has determined to be
ineligible for State or FEMA reimbursement, the City agrees to reimburse the
County no later than thirty (30) days from the invoice date for the removal not
reimbursed and disposal of this ineligible debris;
b. Should some debris removed from the City be deemed ineligible for
reimbursement by the State or FEMA and their respective formal determination of
ineligibility, the City will reimburse the County for the cost of the removal not
reimbursed and disposal of this debris no later than thirty (30) days from the
invoice date;
c. Should FEMA or State not reimburse the County 100% for eligible debris, the
City will reimburse the County for the percentage excluded by the State and
FEMA.
d. Following a natural disaster, the City will inform Collier County if the City does
not wish to have debris removed from the city by the Collier County Waste
Management Department.'
3, Termination. This Agreement may be terminated by thirty (30) days notice by regular U.S.
mail to the parties at the following locations:
County:
Collier County Board of County Commissioners
Solid Waste Management Department
3301 E. Tamiami Trail
Naples, Florida 34112
City:
City of Marco Island
Public Works Director
50 Bald Eagle Drive
Marco Island, Florida 34145
4. Miscellaneous. This Agreement shall be governed and construed under the laws of the State
of Florida.
5. Entire Agreement. This Agreement is the entire agreement between the parties and contains
all the terms agreed upon,
16Cl
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
date first written above.
ATTEST:
h~%g
AP~O j ~7ffiCienCy:
Alan L. Gabriel, City Attorney
. .~'?f. C~T/"n
ATTEST:'P.."::.,;>",
. . ,
DWIGt:ai~ k
~ (/;1.:....
. . ~'..." '\ , ' .1 .
Attest " to a.a ,,..... ,
Appr<J\t~ll:ffoQtllgnd legal Sufficiency:
~CLh ~ '
'- ...A....)
Jennife A. Belpe ~
Assistant County A ey
CITY OF MARCO ISLAND
By:
S
; The City shall have the right to undertake the initial debris removal. at its discretion, upon which the City may apply to
FEMA directly for reimbursement.
, City Manager
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By @. ~
DONNA FI:U~H~
16C
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
. TO ACCOl\1P ANY ALt, ORIGINAL DOCUMENrsSENTTO ,
. THE BOARD OF COUNTY COl\l!MISSIONERS OFFICE FOR SIGNATURE
'Prlnt OIl pink paper. AttId1 to arigin:!ltf""""'''''t: Origin:!l tf()Mtm...,~ 3houIdbo handdcliveredto, the Board Office.. 'l'hc-complded routing 3lip and original
tf"..",.,,~~ are to be. fotwudcd to the Board. 0fIicc only alter tlle .Board has t1i:z:ucnOl1.ontfle it.em..} . , , .,... .. .
,:'::. . " ' , . . .' . , " " ROUTING SLIP ".' "-~.' '::
". '.~1etc routing lincdltbrcughl4 as appropriao: fol'additilJ1ahi~ dates, andforiafoImatiOllneedcd..Iftbe ~""fis ~c:omplctl: withtbe'
" dOll of'the ~'s '. chaw I line lbrou 1'lllIlin lined! thron #4.. lete. the c:hec:klist and fotwardto Sue-FiIsozl (lind5). .
" :.: Route to Addressee(s) . Office Initials .' Date
(I.i:stinrautin order)' , ..:,.."..... '; , "
1.'
.: ..(
3.
4.
,,"
?~
,/'
. /./
s. . Sue FIlson, Executive Manager
Board of County Commissioners
6. Minutes and Records
Clerk of Court's Office
1
.. -
~
'. ) l.'RIMARYCONTACT'INFORMATION ,
(The primary COI1tId: is the bolqer of the original ~pl!llding :ace approwL Non:iw1y the primary COIIl:IC: is rbc pCl30n who ~ rbc executive
summ:uy. Primary COIlClCt iD:formatiOIl is needed ill rbc event 0IIe of rbc addre:u=s ahoy", mclw:ling Suo Rlson. .ae:d'to c:pl1tl1Ct sra:ff for addilillllllL or missing
int'arm:lIiou. All origiDal ~~""lS needing cbe BCC OWrmml's signarurc:IrC to be dcfivc:ed to lfJc Bee office onty after tbC BCc has adcd to approve the
ill:m. )
Name of Primary Staff PI1<Jne Number
Contact CLh
Agenda Date Item V'ia$ Agenda Item Number
roved b the Bce
Type of Document Number of Original
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yos column or mark '"NI A" in the No~ApplicablecolUIIlD. whichever is
-. .
1.. Originalciocumenth.a$beensigncr:lrmitialedfor legal sUfficiency. (All documents to be
signed by the. Chairman, with the exception ofD20st letters; must be reviewed and signed
oy the Office of the County AtrtJmey.'This includes si~tui-e pages from ordinances.
resolutions, etc. sigaed by the Co~ Attorney's Office and signature pageS from '
contracts, agreements, etc.. that have been falIYexecuted by all parties except the, BCC
Chainnanand Clerk to the Board and ssibl State Officials.)
2. All.bandwritten.strike-tilroaghand rcvisigns have been initialed by the County ~y.'s
Officcand aU other attics the BCC Chaixman andthc Clerk to the Board
3. The Chainpa.n's signature Iinedatc has been entered as the dateofBCC approval of the
document or the final ~ tiated contract date whichever is licable.
4. "Sign here.. tabs are placed On the appropriate pageS indicating where the Chairman's
si . and initials arc' ,
s. In most easCS(somccontracts arc an exception), the original docnment and this routing slip,
should be provided to SueFiIson in thcBCCoffice within 24 hours of:BCC. approval.
Some documents are time sensitive and require forwaIdiIlg to Ta.lIah.assce within a c,ertain
timeframc or the BeC's actions arc nullified. Be aware of our deadlines!
o. The docmnent was approved by the BeC on . (enter date) and aU ~es
made during the meeting have beenincorporared in eattached docmnenL The.
CoUll, Attorn 's Offiahas reviewed the es. if a licabJe.
, Y cs N/A (Not
(Iniiw) liable)
,0' .
1fr
-N/A
1: Foaml Cowu:y~BeCFormsl orlginalDoc:umems Rowing Slip WWS Original 9.03.04. Revised 1.26.05. Re~ 2.24.0$
16C 1
MEMORANDUM
Date:
February 26,2009
To:
Sue Zimmerman
Real Estate Services
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Interlocal Agreement Between Collier County and the
City of Everglades for Disposal of Debris
Attached is the original document, referenced above (Agenda Item
#16Cl), approved by the Board of County Commissioners on
Tuesday, December 2, 2008.
After recording please return the original to the Minutes and
Records Department.
If you should have any questions, please contact me at 252-7240.
Thank you.
it
16C
INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND CITY OF
EVERGLADES FOR DEBRIS REMOVAL
THIS INTERLOCAL AGREEMENT is made and entered into this f 3-IA day of
Febn~, 2009, by and between Collier County, a political subdivision of the State of
Florida, hereafter referred to as "County," and the City of Everglades, a municipal corporation,
hereafter referred to as "City."
WITNESSETH:
WHEREAS, the Collier County Solid Waste Management Department is responsible for
planning and administering the debris recovery and removal operation in the aftermath of a severe
weather event; and
WHEREAS, during a debris recovery mission, County staff is given the direction to pick up
debris that is reimbursable through the Federal Emergency Management Agency, hereafter referred
to as "FEMA"; and
WHEREAS, during these events, some incorporated areas are covered as part of the debris
recovery effort, such as Everglades City, the City of Marco Island, and some portions of the City of
Naples; and
WHEREAS, several thousands of dollars may be expended by the County to collect,
monitor, and dispose of debris in these areas; and
WHEREAS, the County has a concern that there may be an incident or occasion where
FEMA may not reimburse the County for its work and effort.
NOW, THEREFORE, in consideration of the premises and the mutual covenants and
agreements of the parties, the parties hereto agree as follows:
1. Term. The term of this annual agreement is from June 1,2008, through May 31,2009, and
shall automatically renew each year unless terminated as provided herein.
16C 1
2. Responsibilities.
A. County. The County agrees to:
a. Following the occurrence of a natural disaster in which Collier County becomes
eligible for reimbursement by FEMA for the cleanup and removal of disaster debris,
the County will undertake to remove disaster debris from both the unincorporated
and portions of the incorporated areas of the county;
b. County staff and contractors shall use their best efforts to remove only debris that is
eligible for reimbursement by FEMA.
B. City. The City agrees to:
a. Should the City wish to have debris removed that the County has determined to be
ineligible for State or FEMA reimbursement, the City agrees to reimburse the
County no later than thirty (30) days from the invoice date for the removal not
reimbursed and disposal of this ineligible debris. The rate charged to the City for
debris removal will be no more than the County has been charged by its contractor;
b. Should some debris removed from the City be deemed ineligible for reimbursement
by the State or FEMA, the City will reimburse the County for the cost of the removal
not reimbursed and disposal of this debris no later than thirty (30) days from the
invoice date;
c. Should FEMA or State not reimburse the County 100% for eligible debris, the City
will reimburse the County for the percentage excluded by the State and FEMA.
d. Following a natural disaster, the City will inform Collier County if the City does not
wish to have debris removed from the city by the Collier County Waste Management
Department.
3. Termination. This Agreement may be terminated by thirty (30) days notice by regular U.S.
mail to the parties at the following locations:
County:
Collier County Board of County Commissioners
Solid Waste Management Department
3301 E. Tamiami Trail
Naples, Florida 34112
City:
City of Everglades
Post Office Box 110
Everglades City, Florida 34139
4. Miscellaneous. This Agreement shall be governed and construed under the laws of the State
of Florida.
16C 1
5. Entire Agreement. This Agreement is the entire agreement between the parties and contains
all the terms agreed upon.
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
date first written above.
ATTEST:
~~
legal Sufficiency:
, City Attorney
"
" .... f
"-":.}
CITY OF EVERGLADES
~
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:_ /L___ d44.
DO~~~IALA, CHAIRMAN
16Cl
MEMORANDUM
Date:
March 18, 2009
To:
Dan Rodriguez, Director
Solid Waste Management
From:
Ann J ennej 000, Deputy Clerk
Minutes & Records Department
Re:
Interlocal Agreement between Collier County
and Everglades City for Debris Removal
Enclosed you will find a copy of the document referenced above
. (Agenda Item #16Cl), approved by the Board of County Commissioners
at their meeting held on Tuesday, December 2, 2008.
I have also sent Mayor Sammy Hamilton of Everglades City a Certified
Copy of the agreement for his records.
The original document will be held for the Board's Official Record.
If you should have any questions, please contact me at 252-8406.
Thank you.
Enclosure
~m_.
16Cl
MEMORANDUM
Date:
March 18, 2009
To:
Sammy Hamilton, Jr.
Everglades City Mayor
Prom:
Ann JennejoOO, Deputy Clerk
Minutes & Records Department
Re:
Interlocal Agreement between Collier County
and Everglades City for Debris Removal
Enclosed for your records, please find a certified copy of the recorded document
referenced above, that was approved by the Collier County Board of County
Commissioners during their meeting held on Tuesday, December 2, 2008.
If you should have any questions, please feel free to contact me at 252-8406.
Thank you.
Enclosure
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16Cl
INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND CITY OF
EVERGLADES FOR DEBRIS REMOVAL
THIS INTERLOCAL AGREEMENT is made and entered into this 13iA day of
Fe.bn1('4-' 2009, by and between Collier County, a political subdivision of the State of
Florida, hereafter referred to as "County," and the City of Everglades, a municipal corporation,
hereafter referred to as "City."
WITNESSETH:
WHEREAS, the Collier County Solid Waste Management Department is responsible for
planning and administering the debris recovery and removal operation in the aftermath of a severe
weather event; and
WHEREAS, during a debris recovery mission, County staff is given the direction to pick up
debris that is reimbursable through the Federal Emergency Management Agency, hereafter referred
to as "FEMA"; and
WHEREAS, during these events, some incorporated areas are covered as part of the debris
recovery effort, such as Everglades City, the City of Marco Island, and some portions of the City of
Naples; and
WHEREAS, several thousands of dollars may be expended by the County to collect,
monitor, and dispose of debris in these areas; and
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~ WHEREAS, the County has a concern that there may be an incident or occasion where
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~ ~ IS 5agreements of the parties, the parties hereto agree as follows:
1. Term. The term of this annual agreement is from June 1,2008, through May 31,2009, and
shall automatically renew each year unless terminated as provided herein.
2.
Responsibilities.
OR: 4433 PG: 2083
16Cl
A. County. The County agrees to:
a. Following the occurrence of a natural disaster in which Collier County becomes
eligible for reimbursement by FEMA for the cleanup and removal of disaster debris,
the County will undertake to remove disaster debris from both the unincorporated
and portions of the incorporated areas of the county;
b. County staff and contractors shall use their best efforts to remove only debris that is
eligible for reimbursement by FEMA.
B. City. The City agrees to:
a. Should the City wish to have debris removed that the County has determined to be
ineligible for State or FEMA fi~imbursement, the City agrees to reimburse the
County no later than thirty (30) days from the invoice date for the removal not
reimbursed and disposal of this ineligible debris. The rate charged to the City for
debris removal will be no more than the County has been charged by its contractor;
b. Should some debris removed from the City be deemed ineligible for reimbursement
by the State or FEMA, the City will reimburse the County for the cost of the removal
not reimbursed and disposal of this debris no later than thirty (30) days from the
invoice date;
c. Should FEMA or State not reimburse the County 100% for eligible debris, the City
will reimburse the County for the percentage excluded by the State and FEMA.
d. Following a natural disaster, the City will inform Collier County if the City does not
wish to have debris removed from the city by the Collier County Waste Management
Department.
3. Termination. This Agreement may be terminated by thirty (30) days notice by regular U.S.
mail to the parties at the following locations:
County:
Collier County Board of County Commissioners
Solid Waste Management Department
3301 E. Tamiami Trail
Naples, Florida 34112
City:
City of Everglades
Post Office Box 110
Everglades City, Florida 34139
4. Miscellaneous. This Agreement shall be governed and construed under the laws of the State
of Florida.
*** OR: 4433 PG: 2084 ***
16Cl
5. Entire Agreement. This Agreement is the entire agreement between the parties and contains
all the terms agreed upon.
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
date first written above.
ATTEST:
~~
legal Sufficiency:
, City Attorney
CITY OF EVERGLADES
~
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:_L~ d4~
DONNA FIALA, CHAIRMAN
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLJ 6 c 2.
. TO ACCOl\1PANY ALL. ORIGINAL DOCUMENTS SENT TO
. . THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
.l'rlnt OIl pink paper. Attu:h to origin:ll-~_r Original_~m_.. 3bouJd be !wid delivered. to <be Bcant Otlice. Thtcompl<ted rowillg ilip ..d original
-~-.. "'" to be.tbrwm!ed III <be BozzdOflio:: only ~<be B08Id has llLl:maction.on <be itcm.) . .. .
'. '. ROUTINGSLIP .
C=plderculinglino:r #L lbmugh#4,. 'P\lRl{lliaO: fiJraddilial2lsignaa=, <lata, 3lIdIorinfcmwiOll_l!the~_;'is alrc>iycomplClO wi'" the
lion of<be n..m-", . dnwalin. tbron rowiII lined! tbron 114, Idlo <be cbecklist; md forward toSucFilroD (lincffl.
Route to Addressee{s) . Office Initials Date
. inrowin anIt:r), "'"
L
PRIMARY CONTACT. INFORMATION
('!be prim;ry -- is <be balder of <be origiDal dc<:umca, p.....g BCe approvaL Nonimny <be primary COlll:Ia " me pcaon wba c=tcdIprcpucd me cxCC1lliv.
SDDIIZZ:Iry. Primary COIUaa: iDiarmarion is nccdcd in lbe event oae: of tbc addressees ~bove. including Sue MIscn. lIeed [Q c:ant1ct staff for <ldditicma.l. or missing
iDfctmalioa. All original-=" ocoding!bc Bce Chairm:ul's sigilli""" "" to be delivered. to tile SCC office oaly lIfter!bc BCe has 0Cll:d to approve !bc
ill:m..)
Name of Primary Staff 1'\1I_
Contact I'~r I
Agenda Date Item was
ved b the BCe
Type of Document
Attached
.....
2.
3.
4.
5. Sue FIlson. Executive Manager
Board of County Commissioners
6. Minutes and Records
Cleric of Court's Office
umber of Original
Documents Attached
Phone Number
Agenda Item Number
lNSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "NI A" in the Not Applicable colllIlm. whichever Is
1.. Original document Iw been sigoed/'mitiaLed for legal sUfficiency. (All documents to be
signed by the Chairman, with the exceptioo of most letters; must be reviewed and signed
liy the Office at the County ArtDrney. This includes signature pages from ordinanceo.
resolutious. etc. signed by the County Allcroey's Office and signature pages from
contracts. agreements, etc. that have been tiIlIy executed by all parties except the BCC
Chairman and CIc:rk to the Board and I State Officials.)
2. All handwrittca.strikc-tbroagb and n:visioos have b= initialed by the County 4=cY.' s
Office and all other artics t the BCC Cbainoao and the Clerk to the Board
3. The Cba.mpao's sigoatllre line date has b= entered as the date ofBCC approval of the
docmneat or the tinaI DC tiated cootract date whichever is licable.
4. "Sign bcn:" tabs are placed on the appropriate pages indicating when: the Chairman' s
si and initials are
5. In Iilost cases (some contracts are an =cption), the original document and thIs routing slip
should be provided to Sue Filson in the BCC ofli"" within 24 hatD'S ofBCC approval
Some docomcDtS are time sensitive and require forwarding to TalIabassee within a certain
time frame or the BCC's actions arc oullfficd. B. aware of our deadlines!
6. The do.....~~ot was approved by the BeC 00 (eater date) and all changes
made during the meeting have been Iacorporated in the attached document. The
Conn Attorn s Office has reviewed the es, if a liable.
dc9-e9~
/4?c... ~
C'>n~
Yes
(Initial)
N/A(Not
Iicable)
IJIA.
t FomW Comuy FomW Bce ForsmI Original Doomu:oa Roorins Slip WWS Original 9.03.04. lU:vi>cd 1.26.05. Revmd 2.24.05
INDEMNIFICA nON
HOLD HARMLESS
AND
TEST MONITORING WELL LICENSE AGREEMENT
l6C2
THIS INDEMNIFICATION, HOLD HARMLESS AND MONITORING WELL
LICENSE AGREEMENT (the "Agreement") executed by and between the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT,
("Indemnitor"), and the CITY OF MARCO ISLAND FLORIDA, a Florida municipal
corporation (the "Indemnitee").
Wherever used herein the terms "Indemnitor" and "Indemnitee" include all the parties to this
instrument and their respective heirs, legal representatives, successors or assigns.
RECITALS
WHEREAS, Indemnitor and Indemnitee are in the process of negotIatlllg the
drilling/construction of, the maintenance of, and the scheduled observation/analysis of
test/monitoring wells on certain property owned by the City of Marco Island, as more
particularly described in the attached Exhibit "A" (the "Property"); and
WHEREAS, Indemnitor wishes to enter upon the Property for the sole purpose of the
drilling/construction of, the maintenance of, and the scheduled observation/analysis of
monitoring wells on the Property and Indemnitee has agreed to such testing (the "Testing");
and
WHEREAS, Indemnitor shall request authorization from the Indemnitee regarding the
location and number of the new test/monitoring wells to be constructed on the Property
before the start of the Testing on the Property.
NOW, THEREFORE, in consideration of the swn of Ten Dollars ($10.00) and such
other valuable consideration the receipt and sufficiency of which is hereby acknowledged,
Indemnitor and Indemnitee agree:
I. Recitals. The parties acknowledge and agree that the Recitals above are true and correct
and incorporated herein by this reference.
2. Access. Indemnitor shall have that period (the "Testing Period") which shall begin on
the date this Agreement is signed by the Indemnitee and end ten (10) years thereafter,
within which to perform and conduct the Testing on the Property. The parties to this
Agreement reserve the right to extend the Agreement for additional time periods at a later
date, at the parties' mutual discretion. During the Testing Period, Indemnitor and
Indemnitor's agents, employees or representatives shall have full and complete access to
F:\SE WellfieJd.Mi11er Boulevard.Marco site\Collier Indm Hold Hann Agr (Rev 5 1208) (2),doc
--.'.'------.----
16C;'
the Property from and after the date hereof during business hours and upon at least
twenty-four (24) hours prior notice for the purpose of conducting the Testing.
Accordingly, Indemnitor agrees to conduct the Testing in a manner designed to minimize
disruption ofIndemnitee's enjoyment and use of the Property. Indemnitor covenants that
it shall repair any damages to the Property caused by reason of such access at
Indemnitor's expense. Indemnitor shall promptly provide Indemnitee with true and
correct copies of any and all reports, studies and reviews reflecting and concerning the
results of the Testing.
3. Indemnification and Hold Harmless. Subject to the limitation set forth in g768.28, Florida
Statutes, the Indemnitor shall indemnify, defend and hold harmless Indemnitee from and
against any liabilities whatsoever, occasioned wholly or in part by the negligence of the
Indemnitor or its employees, for injury to or death of person(s) and property damage
arising or resulting in connection with any activity associated with work or service under
this Agreement.
Upon completion of the Testing by Indemnitor or any termination of this Agreement, this
section and the obligations thereof shall not terminate but shall continue in full force and
effect, and be applicable to all Testing performed by Indemnitor prior to the date of such
termination.
4. Sell or Transfer of the Propertv. In the event that Indemnitee chooses to sell or transfer
the Property, the Agreement shall terminate no later than thirty (30) days following notice
of any such sale or transfer and Indemnitor shall forfeit all future Testing on the Property.
5. Temporary License. The Indemnitee grants the Indemnitor a temporary license to enter
the Property to carry out the Testing. The temporary license to enter the Property is
limited by terms and conditions of this Agreement.
6. Miscellaneous Provisions.
a. Indemnitor and Indemnitee hereby acknowledge that they have fully reviewed this
Agreement and its attachments and have had the opportunity to consult with legal
counsel of their choice; have participated in the negotiating and drafting of this
Agreement and that this Agreement shall not be construed against any party as if
they were the drafter of this Agreement.
b. No modification of this Agreement shall be binding on Indemnitor or Indemnitee
unless reduced to writing and signed by duly authorized representative of the
Indemnitor and Indemnitee.
c. In the event a court of competent jurisdiction determines any sentence, provision,
paragraph or section of this Agreement to be null and void, the remaining parts of
this Agreement shall continue in full force and effect as though such sentence,
provision, paragraph or section had been omitted from the Agreement.
d. This Agreement incorporates and includes all negotiations, correspondence,
conversations, agreements, or understanding applicable to the matters contained
2
16C2
herein, and Indemnitor and the Indemnitee agree that there are no commitments,
warranties or understandings concerning the subject matter of this Agreement that
is not contained in this document. Accordingly, it is agreed that no deviation
from the terms hereof shall be predicated upon any prior representation or
agreements whether oral or written.
e. This Agreement shall be deemed to have been executed and entered into within
the State of Florida. Accordingly, any dispute arising hereunder shall be
governed, interpreted and construed according to the laws of the State of Florida.
Venue for any legal action initiated to interpret construe or enforce this
Agreement shall be in Collier County, Florida.
f. No delay or failure on the part of any party to exercise any right or remedy
accruing to such party upon the occurrence of an event of default or violation
shall affect any such right or remedy or be held to be an abandonment thereof or
preclude such party from the exercise thereof at any time during the continuation
of any event of default or violation. No waiver of a single event of default or
violation shall be deemed to be a waiver of any subsequent event of default or
violation.
g. All notices, demands, requests, consents, approvals, and other communications
(collectively, "Notices"), required or permitted to be given hereunder, shall be in
writing and sent by facsimile (or similar device) and by either: (i) registered or
certified air mail, postage prepaid, return receipt requested; or, (ii) special
delivery service (e.g. Federal Express, DHL, UPS, etc.); addressed to the party to
be so notified as follows:
If to Indemnitor:
Board of County Commissioners of Collier County and as Ex-
Officio the Governing Board of the Collier County Water-
Sewer District
c/o Collier County Real Property Management
3301 Tamiami Trail East
Naples, Florida 341 12
Attention: Marlene J. McLaughlin
Facsimile: (239) 252.8876
Telephone: (239) 252.8991
If to Indemnitee:
City of Marco Island
Public Works Department
50 Bald Eagle Drive
Marco Island, Florida 34 I 5
Attention: Rony Joel, P.E., DEE.
Facsimile: (239) 389-4359
Telephone: (239) 389-5000
3
16C2
Each Notice sent in accordance with the requirements of this section shall be
deemed effectively given upon actual receipt Each person designated herein to
receive any Notice or a copy thereof may change the address at which, or the
person to whom, Notice or a copy thereof is to be delivered, by Notice given in
accordance with the requirements of this section.
h. The Agreement shall inure and be binding upon the parties hereto and their
respective successors and assigns.
I. The Indemnitor and Indemnitee hereby knowingly, voluntarily and intentionally
waive the right they may have to a trial by jury in respect of any litigation based
upon the Agreement or arising out of, under or in connection with any other
Agreement contemplated to be executed in conjunction herewith, or any course of
conduct, course of dealing, statements (whether verbal or written) or actions of
any party. This provision is a material inducement for the parties entering into
this Agreement
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement
on the respective dates under each signature.
AS TO INDEMNITOR:
DATED: ~~a, aceS
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
..,,,"""""',
.",""...,'j . ~ ~l .)"
, ,'" \'., . .. . . . "~' ~ ,~. ~
({;:~;} ; - . ~ . .:'
~\j~"
Attest' '.. ~J ~= ~l rk
1191latn'0Il."
APPROVED AS TO FORM AND
SUFFICIENCY:
BY \c.u~h;';:::"
Jennifer A. BelpetllO,
Assistant County Attorney
4
AS TO INDEMNITEE:
DATED:
ATTEST:
Laura Litzan, City Clerk
APPROVED AS TO FORM AND
SUFFICIENCY:
BY:
Alan L. Gabriel,
City Attorney
CITY OF MARCO ISLAND,
a Florida municipal corporation
BY:
16C2
,City Manager
5
EXHIBIT "A"
THE PROPERTY
The Southeast Y. of Section 35, Township 50 South Range 27 East, Collier County, Florida.
6
16C2
16C3
MEMORANDUM
Date:
December 10, 2008
To:
Dianna Perryman, Contract Specialist
Purchasing Department
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Agreement: "Transportation and Recycling of Electronics
for Collier County"
Contractor: American Electronic Recycling, LLC
Attached please find one (1) original document of each amendment, as
referenced above, (Agenda Item #16C3), approved by the Board of
County Commissioners on Tuesday, December 2, 2008.
An original has been retained in the Minutes and Records Department and
one has been sent to the Finance Department.
If you should have any questions, please contact me at 252-8411.
Thank you.
Attachments (I)
ITEM NO.: ~ ~~l.& 01 [:I...tJ
@
OFFICWErRfCEIVED:
LtlUNIY ATTORNEY 1 6 C 3
.OEC-4 rH2:32
FILE NO.:
ROUTED TO:
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
From: Dianna Perryman., Contract Specialist
Purchasing Department, Extension 4270
~~~-D~
C(Y16-
f t q, . Cl Dc:;..L
Date: December 2, 2008
To: Office of the County Attorney
Attention: Jeff Klatzkow
Re: Agreement: "Transportation and Recycling of Electronics for Collier
County"
Contractor: American Electronic Recycling, LLC
BACKGROUND OF REQUEST:
This contract was approved by the BeC on December 2, 2008; Agenda
Item 16.C.3
This item has not been previously submitted.
ACTION REQUESTED:
Agreement review and approval.
OTHER COMMENTS:
Jeff, please forward to the Chairman of the Board of County
Commissioners for signature after approval. If there are any questions
concerning the document, please contact me. Purchasing would appreciate
notification when the documents exit your office. Thank you.
C: Danette Huff, Solid Waste
www.sunbiz.org - Department of State
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Florida Limited Liability Company
AMERICAN ELECTRONICS RECYCLING, LLC
Filing Information
Document Number L04000070618
FEI Number 201679766
Date Filed 09/28/2004
State FL
Status ACTIVE
Last Event AMENDMENT
Event Date Filed 01/21/2005
Event Effective Date NONE
Principal Address
77 MILFORD DRIVE, SUITE 219
HUDSON OH 44236
Changed 01/21/2005
Mailing Address
1500 INDEPENDENCE BLVD
SU ITE 260
SARASOTA FL 34234
Changed 05/01/2007
Registered Agent Name & Address
BDB AGENT CO
5355 TOWN CENTER ROAD
SU ITE 900
BOCA RATON FL 33486 US
Address Changed: 11/17/2005
Manager/Member Detail
Name & Address
Title MGRM
ALFORD, BOLLEN (TRIP)
1500 INDEPENDENCE BLVD, STE 260
SARASOTA FL 34234
Annual Reports
Report Year Filed Date
2006 04/20/2006
http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in~doc_number=L04000070...11114/2008
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2007
2008
05/01/2007
08/07/2008
Document Images
08lQ7/2008" ANNUAL REPORT
Q5LQli2QQZ=-ANN1U\lJ3EPDJlI
Q4L20/2006,,_AHNUALI3_EI'QJ3I
01/21/2005 -- Amenqment
01/14/2005 -- ANNUAL REPORT
10/21/21)04 -- NaJI1eChaoge
Q~I~8J2QQ'l'cEIQ[iqg I"imiteql"ial)ility
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11/14/2008
MEMORANDUM
16C3
TO: Ray Carter
Risk Management Department
FROM: Dianna Perryman, Contract Specialist
Purchasing Department
DATE: December 2,2008
RE: Review of Insurance for Agreement: "Transportation and
Recycling of Electronics for Collier County"
Contractor: American Electronic Recycling, LLC
This Contract was approved by the BCC on December 2, 2008; Agenda Item
16.C.3
Please review the Insurance Certificates for the above-referenced contract. If
everything is acceptable, please forward to the County Allorney for further
review and approval. Also, please advise me when it has been forwarded.
Thank you. If you have any questions, please contact me at extension 4270.
dod/DP
DATE RECEIVED
DET 0 3 2008
RISK M,:,NAGEMHP
/'
~):.'
,\~1A,t ~.
'(j3r:~Y'~.j'1Df
/ I i
. I'
C: Danelle Huff, Solid Waste
16C3
AGREEMENT
Transportation and Recvclin!! of Electronics for Collier County
")"L~ "-
THIS AGREEMENT, made and entered into as of this 0( day of I)~ r " ~,\)", , 2008, by and
between American Electronic Recycling, LLC, 1500 Independence Blvd., Suite 260, Sarasota, Florida
34234 hereinafter called the "Contractor" and Collier County, a political subdivision of the State of
Florida, Collier County, Naples, hereinafter called the "County":
1. COMMENCEMENT: This Agreement shall commence after receipt of the Notice to Proceed, in
the fonn of a letter from the Project Manager or his designee. The contract shall be for a one (I) year
period, and tenninating one (1) year from that date. The County reserves the right to renew said contract,
with the consent of the Contractor, for three (3) additional one (I) year periods under the same tenns and
conditions.
2. STATEMENT OF WORK. The Contractor shall provide recycling and de-manufacture of
electronics, hereinafter "Work" in accordance with the tenns and conditions of Attachment A,
Contractor's proposal referred to herein and made an integral part of this agreement. This Agreement
contains the entire understanding between the parties and any modifications to this Agreement shall be
mutually agreed upon in writing by the Contractor and the County, in compliance with the County
Purchasing Policy and Administrative Procedures in effect at the time such services are authorized.
3. COMPENSATION: All services identified in this Agreement will be provided by the Contractor at
zero (0) cost to the County.
Additional services as required shall be mutually agreed upon in writing by the Solid Waste Department
Director or his designee, and Contractor.
4. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership
between the County and the Contractor or to constitute the Contractor as an agent of the County.
5. PERMITS, LICENSES, AND TAXES: In compliance with Section 218.80, Fla. Stats, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such
penn its issued by the County shall be processed internally by the County. All non County penn its
necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The
Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In
addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of
Florida, and the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons employed by the
Contractor.
6. TERMINATION: If Contractor's perfonnance is not satisfactory to the County, the County may
tenninate this Agreement immediately for cause. The County shall be sole judge of non-performance and
of non-satisfactory perfonnance, and may detennine same in its sole discretion. The County may
tenninate this Agreement for convenience with a seven (7) day written notice. The County's exercise of
the right to terminate shall not release the Contractor from its obligation to pay damages incurred by the
County or the State of Florida due to any breach by the Contractor.
In the event that the Contractor suspends business, or if Contractor is declared to be in default of this
Agreement, the County reserves the right to reclaim any or all Electronics in Contractor's possession or
control.
16C3
7. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex,
color, creed or national origin.
8. INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General Liabilitv: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liabi]ity.
This shall include Premises and Operations; Independent contractors; Products and Completed
Operations and Contractual Liability. (Occurrence Fonn) patterned after the 1985 I.S.o. form with
no ]irniting endorsements.
B. Workers' ComDensation: Insurance covering all employees meeting Statutory Limits m
compliance with the applicable state and federal laws.
C. Automobile Liabilitv: Coverage shall have minimum limits of$],OOO,OOO.
SDecial Requirements: Collier County shall be listed as the Certificate Holder and included as an
"Additiona] Insured" on the Comprehensive Genera] Liability Policy.
Current, valid insurance policies meeting the requirement herein identified shall be maintained by
Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days
prior to any expiration date. There shall be a 30 day notification to the County in the event of cancellation
or modification of any stipulated insurance coverage.
Contractor shall provide County with certificates of insurance meeting the required insurance provisions.
9. NO IMPROPER USE OF COUNTY FACILITIES: The Contractor will not use, nor suffer or
permit any person to use in any manner whatsoever, County facilities for any improper, immoral or
offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance,
rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or
adopted. In the event of such violation by the Contractor or if the County or its authorized representative
shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend this Agreement. Should the Contractor fail to correct any such violation,
conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice
of such violation, conduct, or practice, such suspension shall continue until the violation is cured. The
Contractor further agrees not to commence operation during the suspension period until the violation has
been corrected to the satisfaction of the County.
10. CONTRACT ADMINISTRATION: This Agreement shall be administered on behalf of the County
by the Solid Waste Management Department.
11. SUBCONTRACTORS AND OTHER END-MARKET PARTICIPANTS: Within a reasonable
time ,defined as at least ten (10) days prior to performing the Work, Contractor shall furnish to County a list
of all subcontractors, and of all buyers of electronics or components or materials thereof, which Contractor
intends to involve when Contractor performs Work. On this list, Contractor will describe the part which each
subcontractor or buyer may play in the performance of the Work. Concurrently with furnishing of the list,
Contractor will provide all insurance certificates and evidences of Permits that this Agreement requires under
Section 5 with respect to such finns or persons. The requirements of this paragraph shall apply on a
continuing basis throughout the term of this Agreement, such that Contractor continually updates the list to
add and delete subcontractors and buyers as needed, within a reasonable time in advance of their involvement
in the Work.
2
16C3
Further special requirements apply to end-market participants. The Contractor shall identify in writing to
the County and to Department of Environmental Protection (DEP), a reasonable time in advance of use
or transaction, (i) all processing / recycling / disposal subcontractors Contractor uses for disposal and/or
recycling of cathode ray tube and other electronics, lead-bearing or mercury-bearing components, and
other residuals, or to otherwise provide an end market for equipment (monitors, TVs, CPUs, printers,
phones, etc.), recovered components (chips, drives, circuit boards, batteries, etc.) or recovered materials
(ferrous metal, nonferrous metal, cones, leaded glass, plastic, etc.) and (ii) all other end-market
participants to whom Contractor intends to transfer possession or title to electronics or materials or
components thereof, and in each case shall describe the particular function involved. Hereafter, all of
these persons may be referred to as "end-market participants"
Neither the County nor DEP shall have any obligation to review any of these end-market participants, but
if the County and/or DEP choose to do so, Contractor will cooperate to facilitate that review, which may
include a compliance audit at the end-market participant's facilities. Contractor's use of end-market
participants shall be subject to non-objection by the County and DEP, that is, Contractor shall not use any
end-market participant to which the County and/or DEP objects.
When Contractor identifies an end-market participant to County and to DEP, Contractor shall
concurrently furnish proof of agreements by which the end-market participant will perform its intended
function, in the form of (i) letters of agreement/contract, or sworn affidavits, on subcontractor letterhead,
or (ii) copies of other agreements/contracts. These documents must in each case indicate scope of
agreement, dates and signatures, and shall include the specific materials/components involved, the time
period for which the agreement or affidavit is valid, and a general description of the type of disposition
(precious metal recovery, sale to repair facility, resale to public, secondary lead smelter, etc.). If materials
are being exported, documentation must indicate that the materials are being bought for a reasonable,
commercial value, that is, for more than a token value.
Contractor shall report to County if an end-market participant is not (or is no longer) going to be used in the
performance of the Work, whether due to objection under this Section II or other reasons.
If changes are proposed in the arrangements Contractor has with an end-market participant, Contractor shall
promptly notify County and DEP in writing a reasonable time prior to the change. Implementation and
continued effectiveness of the change, as it affects electronics or any components or materials thereof, is
subject to non-objection by County and DEP.
12. MAINTENANCE OF RECORDS /AUDIT / ACCESS TO RECORDS. The Contractor shall
maintain books, records, documents and other evidence ("Records"), directly pertinent to performance of the
Work in accordance with all applicable laws, industry standards, generally accepted accounting principles
and practices consistently applied and any reasonable requirements which County may request in writing
from time to time. The County, DEP, the State, the Federal government and any of their authorized
representatives shall have access to all Records for the purpose of inspection, audit and copying, during the
term of this Agreement and for so long as the materials are retained. All Records shall be retained for at least
three (3) years following Agreement completion. In addition, the Contractor shall retain materials
concerning hazardous waste generated from the Electronics for a period of at least ten (10) years or such
longer period of time as may be required by law or industry practice. If Work is subcontracted, Contractor
shall require each subcontractor to maintain, retain and allow access to Records to the same extent as would
be required of Contractor under this section 12.
13. INDEMNIFICATION: To the maximum extent permitted by Florida law, Contractor shall
indemnify and hold harmless owner, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of Contractor or anyone
employed or utilized by the Contractor in the performance of this Agreement. This indemnification
3
16C3
obligation shall not be construed to negate, abridge or reduce any other rights or remedies which
otherwise may be available to an indemnified party or person described in this paragraph. This paragraph
shall not be construed in any way to alter the State's waiver of sovereign immunity or extend the parties
liability beyond the limits established in Section 768.28, Florida Statutes.
14. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the
Contractor is fonnally acknowledging without exception or stipulation that it is fully responsible for
complying with the provisions of the Immigration Refonn and Control Act of 1986 as located at 8 U.S.C.
1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to
comply with the laws referenced herein shall constitute a breach of this agreement and the County shall
have the discretion to unilaterally tenninate this agreement immediately.
15. MISCELLANEOUS
A. The Contractor or the County may upon initiation of either party arnend this Agreement in
writing to cure any ambiguity, defect, omission or to grant any additional powers, or to
confer additional duties which are consistent with the intent and purpose of this Agreement
subject to mutual agreement of such amendment by both parties.
B. Contractor represents and warrants either (i) that neither it nor any person or organization
affiliated with it is on the convicted vendor list following a conviction for a public entity crime,
or (ii) that neither it nor any person or organization affiliated with it was so placed on that list
within the last 36 months.
C. The failure of County at any time to require perfonnance by the Contractor of any provisions
hereof shall in no way affect the right of County thereafter to enforce same. Nor shall waiver
by the County of any breach of provisions hereof be taken or held to be a waiver of any
succeeding breach of such provision or as a waiver of any provision itself.
D. The Contractor shall notify the County within forty-eight (48) hours of notice of any legal or
regulatory actions, or notices of violations taken against the Contractor or subcontractors
utilized within the scope of this Agreement.
E. Within ten (10) days of approval of the Agreement, the Contractor shall submit a complete list
of all I) Consent Orders, 2) Notices of Violation, and 3) Warning Notices, the Contractor and
each subcontractor has received in the United States, for the three (3) years prior to submission.
F. If any provision of this Agreement is or becomes unenforceable as a matter of law, it shall
invalidate only to extent of the unenforceability, and it shall not invalidate any other provision
of this Agreement.
G. Contractor understands and agrees that its agreement hereunder is with the County, and that the
DEP is not liable for any payments, expenses or liabilities under this Agreement.
H. The Contractor may not assign or delegate this Agreement or any of its rights or duties
hereunder without the prior written consent of County.
16. NOTICES. All notices from the County to the Contractor shall be deemed duly served if by hand, by
fax, e-mail, or mailed by registered or certified mail to the Contractor at the following Address:
B.A. (Trip) Alford
American Electronic Recycling, LLC
1500 Independence Blvd., Suite 260
Sarasota, Florida 34234
Phone: 941-751-6141, Fax: 941-751-9843
4
16C3
All Notices from the Contractor to the County shall be deemed duly served if by hand, by fax, e-mail, or
mailed by registered or certified mail to the County to:
Collier County Government Center
Attn: Steve Carnell, Purchasing and General Services Director
Purchasing Department - General Services Building
3301 Tamiami Trail, East
Naples, Florida 34112
Phone: 239-252-8371, Fax: 239-732-0844
The Contractor and the County may change the above mailing address at any time upon giving the other
party written notification. All notices under this Agreement must be in writing.
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
'.r
^
BOARD OF COUNTY COMMISSIONERS
COLLIER C UNTY LORIDA
c?!/1.
:ATTEST: tJi..
Dw; t E.:Brod4,::clerk of Courts
~c
~~Pd:".I~ftC {C5
" ': .' (Seal)
Attest d, to COdln14n I
slgnature OIl,.
American Electronic Recycling, LL
Contractor
7w~~()J~+fo_(~
First Witness
~,C \I\U. e- ( 'Ms+i {'- (4(
TypelPrint Witness Name
~e~~~vtl-
~ojOw\ 6/1~<>((:ie..';I("
Type/Print Witness Name
By:
~. A. A-U---o~D
Typed Signature
r='i2.f'S IU Elf'! T
Title
Approved as to form and
Legal sufficiency:
~ft;l~
Seelt T .ad, Cd 'e6\') (jy8erle
Beputy County Attorney
hS6:,sfanr
Item# 1 ~(' 3
Agenda (~ld.loi
Date ~
Date \d-1u)r. ~
Rec,~\~I~
~W-'-
Deputy Clerk
5
ATTACHMENT-A
Contractor's Proposal
16C3
American Electronics Recycling, LLC is submitting a proposal for transportation and recycling of
electronics from Collier County.
Electronics will be collected at:
. Collier County Landfill, 3730 White Lake Blvd, Naples, FL 34117
. Naples Recycling Center, 2640 W Enterprise Ave, Naples, FL 34104
. Immokalee Transfer Station, 700 Stockade Road, Immokalee, FL 34142
. Other sites may be added as necessary
SCOPE OF WORK:
The American Electronics Recycling (AER) will provide each of the sites listed above with an adequate
number of storage and transport containers to hold electronics and safely transport them to their recycling
facility, i.e. one (I) forty (40) yard open top box per week.
AER will provide pick up and exchange of these containers from the Collier County Landfill at minimum
every week or on an as -needed basis. As needed to be determined by Collier County.
AER will have each load weighed at either the Collier County Landfill or the lrnmokalee Transfer Station
AER will recycle the electronics collected at each of the sites listed above which will provide a certificate
of recycling to Collier County Solid Waste Management Department
AER is capable of expanding the above list services to other sites as needed for future growth within
Collier County
AER will provide a recycling facility tour if requested by Collier County SWMD
AER will ensure security process to include, but not limited to:
. Labeling and tracking of loads from the time of pick-up throughout the entire recycling process
. Removing the asset and customer identification tags from each item
. Performing sanitization, or overwrites, on each item to purge the data
. Degaussing all hard drives, floppy disks, magnetic tape, and other IT media
. Video monitoring of drives and other IT media throughout the shredding process
. Data destruction on optical media
. Controlled access to secure areas in which sensitive hardware can be held under extra protection
while the material is assessed and the data is destroyed
. Providing a Certificate of Destruction to Collier County
. Ensure that the electronics will not be sent out of country for processing
AER will comply with all applicable laws, rules, and regulations
AER will provide all documentation as required by applicable EP A, DOT, Florida DEP, and Collier
County Florida, to include but not limited to:
. Recycling Manifests
. Waste Manifests
. Shipping Papers
. Registration, Permits, Insurance, Certificate of Liability, OSHA Training, Fire Department
Facility Approval
. Detailed per load invoicing to Include Pounds of Material Received
6
. Semi Annual Report
AER will charge a fee of $0.00 cents per pound to Collier County; this includes all the above services,
entire loads electronic materials placed in containers. Loads will not be palletized.
l6C3
7
16C3
ACORD,. CERTIFICA TE OF LIABILITY INSURANCE DATE (MM/OD/YVYY)
11/21/2008
PRODUCER (330)650-1948 FAX: (330)650-1074 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Carriage Insurance Group ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
44 Clinton Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Hudson OH 44236 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Wes tfield Insurance Co. 24112
American Electronic Recycling, LLC INSURER B: Cincinna ti Insurance 10677
The Pro trade Group, LLC INsuRERc:Westfield National 24120
77 Milford Dr. Suite 219 INSURER 0:
Hudson OH 44236 INSURER E
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 INSUR~~~~IT~~:~~S:L~' ~~ l THE POLICIES DESCRIBED HER~,I~~IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES
INSR ADD'L p~}.l.~~a~gg~~ Pg~fJf~~I~~N
TYPE OF INSURANCE POLICY NUMBER LIMITS
~NERAL LIABILITY EACH OCCURRENCE $ 1,000,000
X COMMERCIAL GENERAL LIABILITY s~~~g~J9E~~J~~n""\ $ 500,000
A I CLAIMS MADE [!] OCCUR CMM3186490 4/17/2008 4/17/2009 MED EXP (An one =" $ 10,000
- PERSONAL & ADV INJURY $ 1,000,000
- r,ENERAL Ar,r,REr,ATE $ 2,000,000
iil'L AGG~EnE LIMIT AnE~ PER: PROD CTS - ~nMPlnp Mc:r; $ 2,000,000
X POLICY Pf8i LaC
~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
2<- ANY AUTO (Eaaccident)
A - ALL OWNED AUTOS CMM3186490 4/17/2008 4/17/2009 BODILY INJURY
(Per person) $
- SCHEDULED AUTOS
- HIRED AUTOS BODILY INJURY
(Per accident} $
- NON-OWNED AUTOS
- PROPERTY DAMAGE $
(Pereccident)
~RAGE L1ABIUTY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN r=-AAr~ $
AUTO ONLY' AGO $
~ESSJUMBRELLA LIABILITY S 5,000,000
X OCCUR D CLAIMS MADE AGGREGATE $ 5,000,000
$
B ~ ~EDUCTIBLE CCC1l54042 4/17/2008 4/17/2009 $
RETENTlnN ..
C WORKERS COMPENSATION AND I TVX~$'T~Il~C: I I OJ~"
EMPLOYERS' LIABILITY 500,000
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? WCP3l88714 4/17/2008 4/17/2009 E.L. DISEASE- EA EMPLOYE $ 500,000
If yes, describe under $ 500,000
SPECIAL PROVISIONS below E.L. DISEASE" POLICY LIMIT
OTHER
DESCRIPTION OF OPERATiONS/LQCATiONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
certificate holder is listed as an additional insured,
CERTIFICATE HOLDER
CANCELLATION
Collier County Government
The Purchasing Building
3301 East Tamiami Trail
Naples, FL 34112
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
INSURER ITS AGENTS OR REPRESENTATIVES,
AUTHORIZED REPRESENTATIVE
William Landess/JULI ~~d!;~;_COT>~-:'-"--~-
@ACORDCORPORATION 1988
ACORD 25 (2001108)
p""" 1 "f?
IJoJc:.n?1; """'" "O~
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
16D1
Print on pink paper. Attach to original document. Original document" should be hand delivered to the Board Otlicc The completed TOuting slip and original
documents are to be forwarded to the Board Otlice only after the Board has takt;ln action on the item.)
ROUTlNG SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or inti::mnation needed. If the document is already complete with U1C
excention of the Chairman's sipnature, draw a line throuph routinp- lines # I throUP"ll #4, comnlelc the checklist, and forward to Sue Filson (line#5)
Route to Ad~)ressee(s) Office Initials Date
(List in routim! order
I .Frank Ramsey Housing and Human Service '11- 12/2/08
2. Chairman Tom Henning BCC
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval Normally the Plimary contact is the person who createdlprepan:d the executive
summary. Primary contact information is needed in the event one of the addressees above, inclLlting Sue Filson, need to cmtact statl' !(If additional or missing
information. All original documents needing the Bee Chairman's signature are to be delivered \(\ the BCe otlice only alter the HCC has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was 12/2/2008
A roved b the BCC
Type of Document
Attached
Frank Ramsey, Housing Manager
Phone Number
252-2336
16D -I
Yes
(Initial)
N/A(Not
A licable)
Agenda Item Number
Agreemenl
P l i'll~.~
Number of Original
Documents Attached
11-
nla
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. <All documents to be
signed by the Chairman, with the exception of most letters, must be revic\\'cd and signed
by the Office of the County Attorney. This includes signature pages Irom ordinances,
resolutions, etc. signed by the County Attomey's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk 10 the Board
The Chairman's signature line date has been entered as the date of BCe approval of the
document or the fmal ne 'otiated contract date whichever is ap licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require fOlwarding to Tallahassee within a cC11ain
time frame or the BCC's actions are nullified. Be aware of our deadlines.!
The document was approved by the BCC on 12/2/2008 and all changes made during
the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan es, if a) licable.
71-.
W-.
~
I: Forms/ County Fonns/ Bee Forms/ Original Documents Routing Slip WWS Origin<ll 9.03.1)4. Rcvised 1.26.05. Revised 2.24.05
2.
3.
4.
5.
6.
Return to
4238273 OR: 4411 PG: 2912
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY. FL
12/05/2008 at 09:19AM DWIGHT B. BROCK. CLBRK
RBC FBi 35.50
cams 4.00
-~
\1
\)
Frank Ramsey
Collier County HHS
3301 E. Tamiami Trail
Naples, Florida 34112
File# 09-038-IF
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BXT 7240
16D1
This space for recording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this 2nd day of December, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Raudel Gutierrez and Magnolia
Pimentel" (OWNER), collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply.
2. The legal description of the dwelling unit is attached as Exhibit "A."
3. The term of this Agreement is from the date set forth above until the impact fee is repaid.
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the
sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead
exemption; or d) the first occurrence of any sale or transfer of any part of the affected real
property, and in any such event the deferred impact fees shall be paid in full to the COUNTY
not later then the closing of the sale, or not later then the effective date of the transfer. As set
forth in Exhibit "B," the amount of the deferred impact fees is Nineteen Thousand Three
Hundred Seventv Two and 461100 Dollars ($19,372.46). Repayment shall include any
accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in
no event shall it exceed twenty-five percent (25%) of the total fee amount.
5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
OR: 4411 PG: 2913
terminate upon the recording of a release or satisfaction of lien in the public records 0~h6 D 1
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same.
7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance,
or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are
then in default and immediately due and payable. The COUNTY shall be entitled to recover
all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing
this Agreement, plus interest at the then maximum statutory rate for judgments calculated on
a calendar year basis until paid.
8. This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the OWNER'S successors and assigns in interest.
9. This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written.
Attest:. '..' -. .
DWIGHT-E. BR6cK, Clerk
~,' - .. . ,..C'<
"'~k
~.'.'.~1;."
,if). "
~/~tte' . .' , Deputy Clerk
";"'~ ,~$ to CIl.s I".. t
........ll\", OR I n
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, LORIDA,
r
OR: 4411 PG: 2914
WITNESSES AS TO BOTH SIGNATURES
Witnesses:
OWNER:
~5',
Rau el Gutierrez
16Dl
Print Name
Wi~ss.~S:
/'
(' ~/"'v-
Print Name
_____7
~/
/!../(.'1..f,lq
&-
~'~A _~/~
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agreement was acknowledged before me this ~ day of I1.JD ",,,,.,,t-c , ,
2008, by f1ud./ 6" /, m u: t Ifa'!, rho is personally known to me or has produced
T /--..do--" {) "<J Ide "<",,,, (-- as proof of identity.
\\\\\lUllII"'II
",\\ LORA.. ~"'"
~::-~~~O--f;'R.':..~~~
~mI<.JAL SE)I,.~~
= ~: M~ Corom. expires ~ i
3 : AUgust 29. '1010: i
" . No 00 5911338 : I
\. -... .' !C"
~,.d1):... .~'1,!,:-~,":.~~~
Approved a~~~tOf f,,~,'\\\
~1ilI"lIn
and legal sufficiency:
~c:r~gv?/ ~ ~
Signature of Person Taking AcknowleClgment
C~~
/
Colleen Greene
Assistant County Attorney
R,oomme", APPZO".I:.
I " c' ~ =) ,J
M cy Krumbine; MP A
Director
Collier County Housing and Human Services
*** OR: 4411 PG: 2915 ***
EXHIBIT "A"
16D1
LEGAL DESCRIPTION
Lot 169, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through
77, inclusive, of the Public Records of Collier County, Florida
STREET ADDRESS
13429 Covenant Road, Naples, Florida 34114
EXHIBIT "B"
IMP ACT FEE BREAKDOWN
Type of Impact Fee
Amount Owed
A. EMS Impact Fee
B. Correctional Facilities Impact Fee
C. Library Impact Fee
D. Community Parks Impact Fee
E. Regional Parks Impact Fee
F. Educational Facilities System Impact Fee
G. Road Impact Fee
H. Government Buildings Impact Fee
I. Law Enforcement Impact Fee
1. Sewer System Impact Fee
K. Water System Impact Fee
TOTAL IMPACT FEES
$100.59
$62.08
$368.18
$750.00
$1,659.00
$2,862.00
$6,059.00
$410.00
$171.61
$3,515.00
$3,415.00
$19,372.46
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
16D2
Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be torwarded to the Board Otlice only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infomlation needed. Ifthe document is already complete with the
exception of1he Chairman's signature, draw a line through routing lines # I through #4, complete the checklist. and fo)\.vard to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routine: order)
l.Frank Ramsey Housing and Human Service 71- 12/2/08
2. Chairman Tom Henning BCC
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary conta;t is the holder of the original document pending BCe approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of tile addressees above, inc1Lrling Sue Filson, need to emtact statf for additional or missing
information. All original documents needing the BeC Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve (he
item.)
Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252-2336
Contact
Agenda Date Item was 12/2/2008 Agenda Item Number 16D -2-
ADDroved bv the BCC
Type of Document Agreement AA-tt~ Number of Original 1
Attached - Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chainnan and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chaitman' s
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 12/2/2008 and all changes made during
the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chao es, if a licable.
Yes
(Initial)
NIA(Not
A licable)
2.
3.
4.
5.
6.
11-
-u
W--
"11-
T'--
nla
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05. Rcvised2.2405
Return to
4238274 OR: 4411 PG: 2916
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY. FL
1110511008 at 09:19AM DWIGHT B. BROCK. CLBRK
RBC FBI
coms
35.50
4,00
Frank Ramsey
Collier County IHIS
3301 E. Tamiami Trail
Naples, Florida 34112
File# 09-034-IF
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BIT 1140
26D2
\~
\ '
\)
This space for recording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this 2nd day of December, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Tomas E. Payero Madera" (OWNER),
collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply.
2. The legal description of the dwelling unit is attached as Exhibit "A."
3. The term of this Agreement is from the date set forth above until the impact fee is repaid.
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the
sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead
exemption; or d) the first occurrence of any sale or transfer of any part of the affected real
property, and in any such event the deferred impact fees shall be paid in full to the COUNTY
not later then the closing of the sale, or not later then the effective date of the transfer. As set
forth in Exhibit "8," the amount of the deferred impact fees is Nineteen Thousand Three
Hundred Seventv Two and 46/100 Dollars ($19,372.46). Repayment shall include any
accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in
no event shall it exceed twenty-five percent (25%) of the total fee amount.
5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
OR: 4411 PG: 2917
16D2
terminate upon the recording of a release or satisfaction of lien in the public records of the
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same.
7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance,
or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are
then in default and immediately due and payable. The COUNTY shall be entitled to recover
all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing
this Agreement, plus interest at the then maximum statutory rate for judgments calculated on
a calendar year basis until paid.
8. This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the OWNER'S successors and assigns in interest.
9. This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written.
Attest:
DWIGHT E. BROCK, Clerk
~J4~p~{~y ~L
.' At.test "f'to;;C~ Clerk
"' "'9n~~ORt.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
B'
o~
"..t
-(,t',:.'
WITNESSES
OR: 4411 PG: 2918
16D2
Witnesses:
OWNER:
.~ (Yj/rLOJJ- p C~
Tomas E. Payero Madera
Print Name
OWNER:
Witnesses:
/.. _/
~"7//
Print Name /V,?(4.?0
STATE OF FLORIDA)
COUNTY OF COLLIER)
The fore oing Agreement was acknowledged before me this ----'--- day of JOJu"bd
2008, by 0>>'\0.. -., ~& J,,~ who is personally known to me or has produced
as proof of identity.
\,\\\III'Ull1,
~,~ LORA.. """of
[N~~~a'68~;(~,,"
...<-. .0-
~ : My Carom. Expires ~ S
: : August 29, 2010: :
'So .. No. 00 590338: $
, . . ...
.".. ,~!IIO
~ <P. '~B\.\V." ~ $
Approved a~?~ ...: o~"""""
.!Jt.L.S...DF f~ "
and legal sufm;""l'o1'I...,,"'"
:-.~ ,I
/
Signature of Person Taking Acknowl
C(Q~P1>>-~
Colleen Greene
Assistant County Attorney
Recommend Approval:,
l' /
.L;:;;m~i;;,dA JJ'
Director
Collier County Housing and Human Services
*** OR: 4411 PG: 2919 ***
EXHIBIT "A"
16D2
LEGAL DESCRIPTION
Lot 168, Trail Ridge, according to the plat thereot: as recorded in Plat Book 44, Pages 71 through
77, inclusive, of the Public Records of Collier County, Florida
STREET ADDRESS
13425 Covenant Road, Naples, Florida 34114
EXHIBIT "B"
IMP ACT FEE BREAKDOWN
Type of Impact Fee
Amount Owed
A. EMS Impact Fee
B. Correctional Facilities Impact Fee
C. Library Impact Fee
D. Community Parks Impact Fee
E. Regional Parks Impact Fee
F. Educational Facilities System Impact Fee
G. Road Impact Fee
H. Government Buildings Impact Fee
1. Law Enforcement Impact Fee
J. Sewer System Impact Fee
K. Water System Impact Fee
TOTAL IMPACT FEES
$100.59
$62.08
$368.18
$750.00
$1,659.00
$2,862.00
$6,059.00
$410.00
$171.61
$3,515.00
$3,415.00
$19,372.46
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1
. . THE BOARD OF COUNTY COMMISSIONERS OFFIC~ FOR SIGNATURE 6 D ~
Print on pmk paper. Attach to ongmal document Ongmal documents should be hand dehvercd to the Board Ofhcc, The completed routll1g slIp and orig J
documents are to be forwarded to the Board Oft1ce only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures. dates, and/or infonnation needed. If the document is already complete with the
excention afthe Chainnan's signature, draw a line throu!?h routing lines # 1 throuvh #4, comnlete the checklist, and forward to Sue Filson (line#5)'
Route to Ad~\ressee(s) Office Initials Date
(List in routin" order
I.Frank Ramsey Housing and Human Service '-#-. 12/2/08
2. Chairman Tom Henning BCC
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary cont..::1 is the holder of tile original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of1he addressees above, inclwing Sue Filson, need to cmtact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BeC has acted to approve the
item.
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Frank Ramsey, Housing Manager
Phone Number
252-2336
16D_3
Yes
(Initial)
N/A (Not
A licable)
1212/2008
Agenda Item Number
W-
n/a
Agreement
-e lue"
Number of Original
Documents Attached
'1L
7i-
1: Forms! COlmty Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a TO riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk io the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval ofthe
document or the fmal ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require fOlwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 12/2/2008 and all changes made during
the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan es, if a licable.
2.
3.
4.
5.
6.
Return to
4238275 OR: 4411 PG: 2920
RBCORDBD In OFFICIAL RBCORDS of COLLIBR COUNTY. FL
12/05/2008 at 09:19AM DWIGHT B. BROCK, CLBRK
RBC PEE 35.50
COPIBS 1,00
Frank Ramsey
Collier County "US
3301 E. Tamiami Trail
Naples. Florida 34112
\J
File# 09-037-IF
Retn:
CLBRK TO THB BOARD
INTBROmCB ITH PLOOR
BIT 7210
1603
'VI
~.
This space for recording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this 2nd day of December, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Joseph Wilson Dorcelus" (OWNER),
collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
I. This Lien Agreement is made pursuant to Chapter 74 ofthe Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply.
2. The legal description of the dwelling unit is attached as Exhibit "A."
3. The term of this Agreement is from the date set forth above until the impact fee is repaid.
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the
sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead
exemption; or d) the first occurrence of any sale or transfer of any part of the affected real
property, and in any such event the deferred impact fees shall be paid in full to the COUNTY
not later then the closing of the sale, or not later then the effective date of the transfer. As set
forth in Exhibit "B," the amount of the deferred impact fees is Nineteen Thousand Three
Hundred Seventv Two and 46/100 Dollars ($19,372.46). Repayment shall include any
accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in
no event shall it exceed twenty-five percent (25%) of the total fee amount.
5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
OR: 4411 PG: 2921
16D~
terminate upon the recording of a release or satisfaction of lien in the public records of the ....
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same.
7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance,
or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are
then in default and immediately due and payable. The COUNTY shall be entitled to recover
all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing
this Agreement, plus interest at the then maximum statutory rate for judgments calculated on
a calendar year basis until paid.
8. This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the OWNER'S successors and assigns in interest.
9. This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written.
Attest:
DWIGi:l:q:,I;lROCK, Clerk
~~;b~~l~C
..I'. " '. c'.:' Dt<puty Clerk
. . Attest-.as to C1iIll'11lb1 ,
" s I'Qh~'ur..'olll .
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNT ,FLORIDA,
OJ,',''
Witnesses:
OWNER:
: lD6(Ph LV - JJe> f2c~
losep Wilson Dorcelus
OR: 4411 PG: 2922
16D3
WITNESSES
Print Name '
OWNER:
Witnes~es:
/7 /Ac7"'''~
P'rint Name
7 //
'4:::bPj;--
IL-!)",/(;( doc" 7~'-:t"u
.
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agreement was acknowledged before me this ~ day of /J()(lt'ilt.b'N
2008, by j O'-X~ lul~ CD 1)." l '- l u ), who is personally known to me or has produced
as proof of identity.
\",UItI'N""",
ft}~~~
.::~. E 1,..-0:
-.....ucomm xp . .-
.. . ",y . O. -
: : AulJust 29. 201 : ;
~ ... No. 00 59033&: ~
~ . . ~~
Approve(t':D""....f~\..\~.:...~ $
,~.... 0....,'..
and legal SUm~,i',::~~OJ': f~\\\\\
(!~~
Colleen Greene
Assistant County Attorney
L
') ),
'/ &/P~- ~-7'~ '~
Signature of Person Taking Acknowl gment
Recommend Approval:
I
j(,
e, PA
y'\...-............- "
~___1-'
,
arcy Krumbi
Director
Collier County Housing and Human Services
xxx OR: 4411 PG: 2923 xxx
EXHIBIT "A"
16D3
LEGAL DESCRIPTION
Lot 173, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through
77, inclusive, of the Public Records of Collier County, Florida
STREET ADDRESS
13447 Covenant Road, Naples, Florida 34114
EXHIBIT "B"
IMP ACT FEE BREAKDOWN
Type of Impact Fee
Amount Owed
A. EMS Impact Fee
B. Correctional Facilities Impact Fee
C. Library Impact Fee
D. Community Parks Impact Fee
E. Regional Parks Impact Fee
F. Educational Facilities System Impact Fee
G. Road Impact Fee
H. Government Buildings Impact Fee
1. Law Enforcement Impact Fee
J. Sewer System Impact Fee
K. Water System Impact Fee
TOTAL IMP ACT FEES
$100.59
$62.08
$368.18
$750.00
$1,659.00
$2,862.00
$6,059.00
$410.00
$171.61
$3,515.00
$3,415.00
$19,372.46
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
16D4
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Otlicc. The completed routing slip ,md original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exccotion oflhe Chairman's sienature, draw a line throue:h rautin!! lines #1 throulZh #4, cOffinlete the checklist, and forward to Sue Filson (line#5),
Route to Addressee(s) Office Initials Date
(List in routing order)
I.Frank Ramsey Housing and Human Service --=1f- 12/2/08
2. Chairman Tom Henning BCC
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary canta;t is the holder of the original document pending BCe approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one ofdlC addressees above, inc1Lrling Sue Filson, need to cmtact staff for additional or missing
information. All original documents needing the Bec Chairman's signature are to be delivered to the Bce office only after the Bec has acted to approve the
item.
Name of Primary Staff Frank Ramsey, Housing Manager
Contact
Agenda Date Item was 12/2/2008
A roved b the BCC
Type of Document Agreement
Attached
Phone Number
Agenda Item Number
Number of Original
Documents Attached
252-2336
16D-Y.
Yes
(Initial)
N/A(Not
A licable)
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a TO riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Bo d and ossibl State Officials.)
All handwritten strike-throug and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 12/2/2008 and all changes made during
the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan es, if a IicabIe.
?L
n/a
2.
3.
4.
5.
6.
11-
~
1: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Return to
4238276 OR: 4411 PG: 2924
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY. FL
12/05/2008 at 09:19AM DWIGHT B. BROCK, CLBRK
RBC m 35.50
coms 4.00
,}
Frank Ramsey
Collier County HUS
3301 E. Tamiami Trail
Naples. Florida 34112
\;
File# 09-036-IF
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BIT 7240
16D4
This space for recording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this 2nd day of December, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Osiel Quintana and Magdalys Camejo"
(OWNER), collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the tenus of the Ordinance
shall apply.
2. The legal description of the dwelling unit is attached as Exhibit "A."
3. The tenu of this Agreement is from the date set forth above until the impact fee is repaid.
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the
sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead
exemption; or d) the first occurrence of any sale or transfer of any part of the affected real
property, and in any such event the deferred impact fees shall be paid in full to the COUNTY
not later then the closing of the sale, or not later then the effective date of the transfer. As set
forth in Exhibit "B," the amount of the deferred impact fees is Twentv Six Thousand Two
Hundred Four and 83/100 Dollars ($26,204.83). Repayment shall include any accrued
interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no
event shall it exceed twenty-five percent (25%) of the total fee amount.
5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
OR: 4411 PG: 29~5
terminate upon the recording of a release or satisfaction of lien in the public records ofie6 D 4
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary docwnentation evidencing same.
7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance,
or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are
then in default and immediately due and payable. The COUNTY shall be entitled to recover
all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing
this Agreement, plus interest at the then maximum statutory rate for judgments calculated on
a calendar year basis until paid.
8. This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the OWNER'S successors and assigns in interest.
9. This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written.
,.
Attest: .> '
OWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER C UNT ,FLORIDA,
~uwf ~Sf4k-
. . ..... PrJenuty. Clerk
Attest " to ""a I'WI4II .
S lQnature or, I'
OR: 4411 PG: 2926
WITNESSES AS TO BOTH SIGNATURES
OWNER~/~
d/
. <:-<.-
16D4
Witnesses/:1 ~~ Af
Print Name~e l='vue \t\. \
Osiel Quintana
~c)'-/Yk.J-
7-~,-",/C
I
OWNER:
Witnesses:
;;?z,;,..,p
Print Name
~;,
':F
~",.
Magdal
/
STATE OF FLORIDA)
COUNTY OF COLLIER)
/
The foregoing Agreement was acknowledged before me this ----t.- day of ^ b Ii (/11 hej
2008, by C>,,<z \ GLJ'''\UH''~ !\'\o.'.t\'" who is personally known to me or has produced
~'l- = 0 ''\:Y \"'"''<'1''' as proof of identity.
\\\"'1111111,,
~,,\...\ \...0 RA.. -/""'"
[N~~~~~~
SO: . -.01.
:. t.l9\tel . .-
=~. ..IV carom. \"'. ':
- .~, "9 20 u' -
= . ~gu'\" 8' "
;. ... NO.OO 59033 .: ~ i
"" r, .!:J ~
~ .. PU'B\..\';"-'~$
Approved at-'Rt'-f9Y? . . f\..O,"~
and legal suffi'6f~lUI~f,\,\\"\
, ~ /
/ ~-
'/ /./:.!P?-?7C4: ~....::....-:,~
Signature of Person Taking Acknow edgment
Recom. mend APprorl:
/
QtR~~~
o leen Gre ne
Assistant County Attorney
rcy Krumbine, A
Director
Collier County Housing and Human Services
,{
*** OR: 4411 PG: 2927 ***
EXHIBIT "A"
16D4
LEGAL DESCRIPTION
Lot 5, Block 9, Naples Manor Addition, according to the Plat thereof as recorded in Plat Book 3,
pages 67 and 68, Public Records of Collier County, Florida
STREET ADDRESS
5318 Carlton Street, Naples, Florida 34113
EXHIBIT "B"
IMP ACT FEE BREAKDOWN
Type of Impact Fee
Amount Owed
A. EMS Impact Fee
B. Correctional Facilities Impact Fee
C. Library Impact Fee
D. Community Parks Impact Fee
E. Regional Parks Impact Fee
F. Educational Facilities System Impact Fee
G. Road Impact Fee
H. Government Buildings Impact Fee
I. Law Enforcement Impact Fee
J. Sewer System Fee
K. Water System Fee
TOTAL IMP ACT FEES
$100.59
$113.53
$460.23
$935.00
$2,068.00
$8,228.00
$6,359.00
$725.00
$285.48
$3,515.00
$3.415.00
$26,204.83
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
J6DS
Print on pink paper. Attach to original document. Original documents should be hand dclivcn:d to the Board Office The completed routing slip and original
document~ are to he forwarded to the Board Office only after the Board has takxn action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exceotion of the Chairman's signature, draw a line through routing lines # 1 through #4, complete the checklist and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routine: order)
l.Frank Ramsey Housing and Human Service Tf- 12/2/08
2. Chairman Tom Henning BCC
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INF'ORMATION
(The primary conta::t is the holder of the original document pending BCe approvaL Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, indlrling Sue Filson, need to cmtact staff for additional or missing
information. All original documents needing the BeC Chairman's signature are to be delivered to the BCe office only after the BCe has acted to approve the
item.)
Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252-2336
Contact
Agenda Date Item was 12/2/2008 Agenda Item Number 16D -S"
Approved bv the BCC
Type of Document Agreement Lit 11. ll..AO- Number of Original I
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters. must be rev iewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the fma1 ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require for\varding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of 'our deadlines'
The document was approved by the BCC on 12/2/2008 and all changes made during
the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan es, if a lieable.
Yes
(Initial)
N/A(Not
A Ii cable)
2.
3.
4.
5.
6.
1l
yt,
7L
n/a
1i
7-f-
I: Forms! COWlty Formsl Bee Forms! Original Documents Routing Slip WWS Original 9.0:-1.04, Revised 1.26.05, Revised 2.24 05
Return to
4238277 OR: 4411 PG: 2928
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY. FL
1210512008 at 09:19AM DWIGHT B. BROCK, CLBRK .
RBC m 35.50
cams 4.00
Frank Ramsey
Collier County HUS
3301 E. Tamiami Trail
Naples, Florida 34112
Retn:
CLBRK TO THB BOARD
INTBROmCB 4TH FLOOR
BXT 7240
16D5
File# 09-03S-IF
J--
I
"\.
J
This space for recording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this 2nd day of December, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Damian Luizaga and Maria Luizaga"
(OWNER), collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply.
2. The legal description of the dwelling unit is attached as Exhibit "A."
3. The term of this Agreement is from the date set forth above until the impact fee is repaid.
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the
sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead
exemption; or d) the first occurrence of any sale or transfer of any part of the affected real
property, and in any such event the deferred impact fees shall be paid in full to the COUNTY
not later then the closing of the sale, or not later then the effective date of the transfer. As set
forth in Exhibit "B," the amount of the deferred impact fees is Nineteen Thousand Three
Hundred Seventv Two and 46/100 Dollars ($19,372.46). Repayment shall include any
accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in
no event shall it exceed twenty-five percent (25%) of the total fee amount.
5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
OR: 4411 PG: 2929
16D5
terminate upon the recording of a release or satisfaction of lien in the public records of the
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same.
7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance,
or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are
then in default and immediately due and payable. The COUNTY shall be entitled to recover
all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing
this Agreement, plus interest at the then maximum statutory rate for judgments calculated on
a calendar year basis until paid.
8. This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the OWNER'S successors and assigns in interest.
9. This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written.
Attest: , . "",r,.
DWIGHT\KB;R~K, Clerk
~q'JJ4A;'P~1 ~
~. ,: ,Deputy Clerk
c' ....'0..'
".'4,tteStHt.ll Chalnll4n ,
~i(jA' tu... on,.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUN Y, FLORIDA,
r
OR: 4411 PG: 2930
WITNESSES AS TO BOTH SIGNATURES
Witnesses:
J
16D5
Print Name
c
Witt1Jss9:
~~ uk,~
Print Name No"."",
:2<--
-4
(,., 7<'7:1
OWNER:
4 < ---,'.
L . . jU~~/bt, .)
Maria Jl,uizaga . .
STATE OF FLORIDA)
COUNTY OF COLLIER)
2008,
The foregoing Agreement wfls acknowledged before me this --"-- day of Ai I d, 1/ i t d ,
by j){(Pl/LVI jUIZL"I"c! fA"- , who is personally known to me or has produced
- t L II) as proof of identity.
\\\\UUII""I
~~~T(~""T
~~~~i"N01-~~~
... . I~ ~.v :.A ~
S : "'yc. ....n.~
:- ,. ~ 0111", .,101..
:: : M'gIJ"<.'~~lJh :~:
_,ft- 00.'1) '9"11 ".,. .
-:~.. . sgQ.cVfo .0::
':.;y-..o '331" I
Approvea,*~~ ... l
and legal t~~~~\O~.'"
C~~
Colleen Greene
Assistant County Attorney
, '
, )
. /
/
/
{ "'~;r'
ignature of Person Taking Acknowledgment
",,';moo' APP\", ( .
~i; K:~b~~d Ml> A
Director
Collier County Housing and Human Services
*** OR: 4411 PG: 2931 ***
EXHIBIT "A"
16D5 ~
LEGAL DESCRIPTION
Lot 57, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77,
inclusive, of the Public Records of Collier County, Florida
STREET ADDRESS
13505 Koinonia Drive, Naples, Florida 34114
EXHIBIT "B"
IMP ACT FEE BREAKDOWN
Type ofImpact Fee
Amount Owed
A. EMS Impact Fee
B. Correctional Facilities Impact Fee
C. Library Impact Fee
D. Community Parks Impact Fee
E. Regional Parks Impact Fee
F. Educational Facilities System Impact Fee
G. Road Impact Fee
H. Government Buildings Impact Fee
1. Law Enforcement Impact Fee
1. Sewer System Impact Fee
K. Water System Impact Fee
TOTAL IMPACT FEES
$100.59
$62.08
$368.18
$750.00
$1,659.00
$2,862.00
$6,059.00
$410.00
$171.61
$3,515.00
$3,415.00
$19,372.46
16El
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLtI>
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Plio! on pink paper. Attach to original document. Original documcnb should be hand delivered to the Board Office. The completed routing slip and original
documents are to be fOlWarded to the Board Office only aft('r the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. Ifthc document is already complete with the
exc tion of the Chairman's si nature, draw a line throu h routin ines #1 throu h #4, co Jete the checklist, and forward to Sue Filson line #5 .
Route to Addressee(s) Offic Initials Date
List in routin order
1.
--
1/15/09
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approvaL Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
infonnation. All original documents needing the Bee Chairman's signature are to be delivered to the Bee otTice only after the Bee has acted to approve the
item.
2.
3.
252-8400
16-E-I
Yes
(Initial
JAK
4. Jeffrey A. Klatzkow
County Attomey
N/A
JAK
JAK
N/A
JAK
5. Sue Filson, Executive Manager
Board of County Commissioners
I: Forms! County Forms! BCe Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised] .26.05, Revised 2.24,05
((matter _ numbem/({document_ numbem
6. Minutes and Records
Clerk ofComt's Office
Name of Primary Staff Jeffrey A. Klatzkow
Contact
Agenda Date Item was December 2, 2008
A roved b the BCC
Type of Document
Attached
Phone Number
Agenda Item Number
f.eases for
Number of Original
Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is appropriate.
1.
Original document has been signed/initialed for legal sufficiency. CAll documents to be signed by the
Chairman, with the exception of most letters, must be reviewed and signed by the Office of the
County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the
County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully
executed by all parties except the Bee Chairman and Clerk to the Board and possibly State
Officials.
All handwritten strike-through and revisions have been initialed by the County Attorney's Office and
all other arties exec t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the document or
the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and
initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip should be
provided to Sue Filson in the BeC office within 24 hours of Bee approval. Some documents are
time sensitive and require forwarding to Tallahassee within a certain time frame or the BCes actions
are nullified. Be aware of our deadlines!
The document was approved by the BCe on December 2. 2008 and all changes made during
the meeting have been incorporated in the attached document, The County Attorney's Office
has reviewed the chao es, if a licable. .
2
3.
4.
5.
6.
MEMORANDUM
Date:
January 27,2009
To:
Michael Dowling, Property Management Specialist
Real Property Management
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2009-347
Enclosed for your records, please find a copy of the document referenced
above (Agenda Item #16El), adopted by the Board of County Commissioners
on Tuesday, December 2, 2008.
If you should have any questions, please contact me at 252-8406.
Thank you.
16El
16El
MEMORANDUM
Date:
January 27, 2009
To:
Scott Teach, Deputy County Attorney
County Attorney's Office
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2009-347
Enclosed for your records, please find a copy of the document referenced
above (Agenda Item #16El), adopted by the Board of County Commissioners
on Tuesday, December 2, 2008.
If you should have any questions, please call me at 252-8406.
Thank you.
Enclosure
Ci.'). ~ f"" 1...
,Ii I . t
MEMORANDUM
Date:
January 29,2009
To:
Jay Cross, Executive Assistant
Clerk of Courts Administration
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2008-347: Board acknowledging the County's
Tax Collector, Clerk of Courts, Sheriffs Office and Supervisor
of Elections have directly entered into leases for branch offices
and/or warehouse space in which County business is conducted
Attached for your records, please find a certified (1) copy of the resolution
referenced above, (Agenda Item #16El) adopted by the Board of County
Commissioners on Tuesday, December 2, 2008.
The original resolution is being retained for the record.
If you should have any questions, please contact the Minutes and Records
Department at 252-8406.
Thank you.
J F.f 1 w
MEMORANDUM
Date:
January 29,2009
To:
Claude Haynes
Deputy Tax Collector
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2008-347: Board acknowledging the County's
Tax Collector, Clerk of Courts, Sheriffs Office and Supervisor
of Elections have directly entered into leases for branch offices
and/or warehouse space in which County business is conducted
Attached for your records, please find a certified (1) copy of the resolution
referenced above, (Agenda Item #16E 1) adopted by the Board of County
Commissioners on Tuesday, December 2, 2008.
The original resolution is being retained for the record.
If you should have any questions, please contact the Minutes and Records
Department at 252-8406.
Thank you.
16E1
MEMORANDUM
Date:
January 29,2009
To:
Kevin Rambosk, Sheriff
Sheriff's Department
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2008-347: Board acknowledging the County's
Tax Collector, Clerk of Courts, Sheriffs Office and Supervisor
of Elections have directly entered into leases for branch offices
and/or warehouse space in which County business is conducted
Attached for your records, please find a certified (1) copy of the resolution
referenced above, (Agenda Item #16El) adopted by the Board of County
Commissioners on Tuesday, December 2, 2008.
The original resolution is being retained for the record.
If you should have any questions, please contact the Minutes and Records
Department at 252-8406.
Thank you.
'1i r r 1 4
Ii ~J. it" ,.,.'
,~...... '-. ,
MEMORANDUM
Date:
January 29,2009
To:
Jennifer Edwards
Supervisor of Elections
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2008-347: Board acknowledging the County's
Tax Collector, Clerk of Courts, Sheriffs Office and Supervisor
of Elections have directly entered into leases for branch offices
and/or warehouse space in which County business is conducted
Attached for your records, please find a certified (1) copy of the resolution
referenced above, (Agenda Item #16El) adopted by the Board of County
Commissioners on Tuesday, December 2, 2008.
The original resolution is being retained for the record.
If you should have any questions, please contact the Minutes and Records
Department at 252-8406.
Thank you.
RESOLUTION 2008 - 347
16El
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, ACKNOWLEDGING THAT THE COLLIER COUNTY TAX
COLLECTOR, THE CLERK OF COURTS, THE SHERIFF'S OFFICE, AND THE
SUPERVISOR OF ELECTIONS HAVE INDEPENDENTLY ENTERED INTO LEASES
FOR BRANCH OFFICES AND/OR STORAGE SPACE IN WHICH LIMITED COUNTY
BUSINESS IS CONDUCTED.
WHEREAS, it is within Ihe sole purview of the Board of County Commissioners 10 enter into lease
agreements in order to conduct County business on behalf of the County's Constitutional Officers; and
WHEREAS, the Collier County Tax Collector, Ihe Clerk of Courts, Ihe Sheriff's Office and the
Supervisor of Elections have directly entered into lease agreements for branch offices and/or storage space at the
following locations:
Tax Collector: 12668 East Tamiami Trail, Naples, Florida (Lease attached)
50 South Wilson Boulevard, Naples, Florida (Lease attached)
Everglades City Hall
City of Naples City Hall (Lease Attached)
2348 Immokalee Road, Naples, Florida (Previously recognized under Resolution 95 -368)
8771 Tamiami Trail North (Letter from Guy Carlton acknowledging use of space)
Clerk of Courts: 12668 East Tamiami Trail, Naples, Florida (Lease attached)
50 South Wilson Boulevard, Naples, Florida (Lease attached)
Everglades City Hall
Cily of Naples City Hall (Lease Attached)
2348 Immokalee Road, Naples, Florida (Previously recognized under Resolution 95 -368)
Sheriff's Office: Professional Development Center, 615 Third Avenue South
Records Storage - various locations
Supervisor ofEleclions:
Jim's Stowaway, 3527 Radio Road, Naples, Florida (Lease attached)
Flinn Storage, 3427 Progress Avenue, Naples, Florida (Lease attached)
WHEREAS, the Board of County Commissioners acknowledges thai the Collier County Tax Collector
and the Clerk of Courts perform limited County business in these branch locations.
NOW THEREFORE, BE IT RESOLVED BV THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that Ihe Board of County Commissioners hereby recognizes that certain
County funclions are conducted by the Tax Colleclor and Clerk of Courts, in order to conduct Counly business
at the leased premises allhe locations listed above, and that Ihe Board finds such direct lease arrangements by
the Tax Collector and Ihe Clerk of Courts to be in the best interests oflhe citizens of Collier County and require
no further action by the Board.
BE IT FURTHER RESOLVED that this Resolution shall take effect upon adoption.
16E1
THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same, this 4D
day of D~be1L ,2008.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
.'
BY:~ .-&J..t~O(. .
Deputy Clerk ..'. .
Attest':.. to QI.~<'
1191lltri ClCllo ..' .
, Chairman
Jeffre
Count
rm and legal sufficiency:
.....
Item # \1a.EL
~~ \ (y()-i)~
l/~t)
MEMORANDUM
Date:
December 5, 2008
To:
Rhonda Cummings, Contract Specialist
Purchasing Department
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Contract No.: 08-5017
"Annual Contract for Countywide Exotic Vegetatrofi-
Removal"
Contractor: DeAngelo Brothers, Inc., Resource
Restoration, Inc., Earth Balance Corp. and
Environmental Aquatic Control, Inc.
Enclosed please find four (4) original contracts, as referenced above,
(Agenda Item #16E2), approved by the Board of County Commissioners
on Tuesday, December 2,2008.
An original is being kept in the Minutes and Records Department as part
of the Board's permanent records.
If you should have any questions, please contact me at 252-8411.
Thank you.
Enclosures (4)
16[2
16E2
i
.y " I "","0
lite oj ~ ,,-UUD
BOa!!l orC0dnw C~lJmmissioners
ITEM NO.: E.2,
BCC Meeting December 2, 2008
Date: December 3, 2008
To: Commissioner Tom Henning
From: Rhonda Cummings
Contract Specialist
Administrative Services Division
Re: Contract Amendment #A-l
08-5017 Annual Contract for Countywide Exotic Vegetation Removal
ACTION REQUESTED:
Please sign where indicated and have the Clerk attest then forward
one copy each to Rhonda Cummings, Purchasing.
Thank you.
EXHIBIT A -1 Contract Amendment # 08-5017
"Annual Contract for Countywide Exotic Vegetation Removal"
16E2
This amendment, dated II , 2008 to the referenced agreement shall be by and between
the parties to the original a reement, DeAngelo Brothers, Inc. d/b/a Aquagenix to be referred to
as "Contractor" and Collier County, Florida, to be referred to as "County".
Statement of Understanding
RE: Contract #08-5017 "Annual Contract for Countywide Exotic Vegetation Removal"
The following change to the above referenced agreement has been mutually agreed to by the
Contractor and the County: The additions to the existing language in the Agreement are shown
herein by underlining: deletions from the Agreement are shown by ,trikethmughs.
3. COMPENSA nON: As the County identifies certain services it wishes Contractor to
provide pursuant to the terms of this Agreement, the County shall request a quotation from
ORe er mere Celltraeters all of the firms under contract for such services, said quotation to
be in compliance with the terms of this Agreement. If the parties reach an agreement
with respect to such Services, including, but not limited to the scope, compensation
and schedule for performance of those Services, a Pmcaase Order work order shall
be prepared which incorporates the terms of the understanding reached by the parties
with respect to such Services.
All other terms and conditions ofthe agreement shall remain in force.
IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date(s) indicated below.
Accepted: Nor eJ..l ber /7
,2008
CONTRA TOR:
DeAnge 0 rothers, Inc. dl.
By:
".
A T;rEST:
OWNER:
e<P&i l~~
D' ight E.Btock,'Clerk
nest' u to ell"! I !"1I4n ,
1191'i1l':jJl"t,\ 'j(i. 'f
BOARD OF COUNTY
COMMISSIONERS
COLLIER CO TY,
n
By:
EXHIBIT A -1 Contract Amendment # 08-5017
"Annual Contract for Countywide Exotic Vegetation Removal"
16E2
This amendment, dated , 2008 to the referenced agreement shall be by and between
the parties to the original agreement, Resource Restoration, Inc., to be referred to as "Contractor"
and Collier County, Florida, to be referred to as "County".
Statement of Understanding
RE: Contract #08-5017 "Annual Contract for Countywide Exotic Vegetation Removal"
The following change to the above referenced agreement has been mutually agreed to by the
Contractor and the County: The additions to the existing language in the Agreement are shown
herein by underlining; deletions from the Agreement are shown by strikethreughs.
3. COMPENSATION: As the County identifies certain services it wishes Contractor to
provide pursuant to the terms of this Agreement, the County shall request a quotation from
eRe sr mere CSRtmetors all of the [inns under contract for such services, said quotation to
be in compliance with the terms of this Agreement. If the parties reach an agreement
with respect to such Services, including, but not limited to the scope, compensation
and schedule for performance of those Services, a PHrehase Order work order shall
be prepared which incorporates the terms of the understanding reached by the parties
with respect to such Services.
All other terms and conditions of the agreement shall remain in force.
IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date(s) indicated below.
Accepted: U'-'U \ v';
,2008
CONTRACTOR:
Resource Restoration, Inc.
.,---:>
By: ~~~
1:x ". ~ -:v' "", \- 0 .r
,
Print Name and Title
,r., ..
e)",..', d (., \
\
~~
' -,~'ght ~..Broc~"~l~i ' ,
~,~est ni1.O c.aa Irl1WJ1 .
Ifwturo 0111.'
OWNER:
BOARD OF COUNTY
COMMISSIONERS
COLLIER C NTY,
EXHIBIT A -1 Contract Amendment # 08-5017
"Annual Contract for Countywide Exotic Vegetation Removal"
This amendment, dated Jtt,y-; /7. 2008 to the referenced agreement shall be by and between
the parties to the original agreement, Earth Balance Corporation to be referred to as "Contractor"
and Collier County, Florida, to be referred to as "County".
16E2
Statement of Understanding
RE: Contract #08-5017 "Annual Contract for Countywide Exotic Vegetation Removal"
The following change to the above referenced agreement has been mutually agreed to by the
Contractor and the County: The additions to the existing language in the Agreement are shown
herein by underlining; deletions from the Agreement are shown by ,trikethreughs.
3. COMPENSA nON: As the County identifies certain services it wishes Contractor to
provide pursuant to the terms of this Agreement, the County shall request a quotation from
eRe or mere COlltraetors all of the firms under contract for such services, said quotation to
be in compliance with the terms of this Agreement. If the parties reach an agreement
with respect to such Services, including, but not limited to the scope, compensation
and schedule for performance of those Services, a Pmcaase Order work order shall
be prepared which incorporates the terms of the understanding reached by the parties
with respect to such Services.
All other terms and conditions of the agreement shall remain in force.
IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date(s) indicated below.
Accepted: ~ 17
,2008
CONTRACTOR:
Earth Balance Corporation
By: 2;c~~ ~
Authorized Signatory
WA/C'/.r T&;ftVUY ;!#'1~ /2 k'
Print Name and Title ~~ rr ~
OWNER:
Wigilt\E. Broc!,., Ci!i'l'k
AtUst uto WJ41r"ll4l1 ,
- ,t,;n.tlri.:.... f
;i\ .
BOARD OF COUNTY
COMMISSIONERS
COLLIER C TY LORIDA
Tom Henning, man
A r ed as to form ~ )
gal SUffPCY: /{~L-
ssistant County Attorney
EXHIBIT A -. Contract Amendment # 08-5017
"Annual Contract for Countywide Exotic Vegetation Removal"
16E2
This amendment, dated AI"I (1f , 2008 to the referenced agreement shall be by and between
the parties to the original agreement, Environmental Aquatic Control, Inc., to be referred to as
"Contractor" and Collier County, Florida, to be referred to as "County".
Statement of Understanding
RE: Contract #08-5017 "Annual Contract for Countywide Exotic Vegetation Removal"
The following change to the above referenced agreement has been mutually agreed to by the
Contractor and the County: The additions to the existing language in the Agreement are shown
herein by underlining; deletions from the Agreement are shown by strikethroughs.
3. COMPENSA nON: As the County identifies certain services it wishes Contractor to
provide pursuant to the terms of this Agreement, the County shall request a quotation from
ORe er mere COAtraeters all of the firms under contract for such services, said quotation to
be in compliance with the tenns of this Agreement. If the parties reach an agreement
with respect to such Services, including, but not limited to the scope, compensation
and schedule for performance of those Services, a PHrehase Order work order shall
be prepared which incorporates the terms of the understanding reached by the parties
with respect to such Services.
All other terms and conditions of the agreement shall remain in force.
IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date(s) indicated below.
Accepted: M V o-l'll/l. ('6
,2008
CONTRACTOR:
::Viro~JS_~)_
Authorized Signatory
/1. (e fof.i1-1.<. !leG 'CSv(2..T'v-', V, c<<._ f(Z,z.S'/)>........-'T
. Print Name and Title '
. C
ATTES,'!':,' ". "
~td"~~~L
DWli\t E. Brock, C11\\rk ,
~SlH, .to' Ch~ 1nl4i1 S
I"~tur. 0111 ~
OWNER:
BOARD OF COUNTY
COMMISSIONERS
COLLIER C TY
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 F 2
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to Oliginal document. Original documents ~hould be hund delivered to the Bonnl Office "["he completed routing slip and original
documents arc to be forwarded to the Board Oftice only after the Bourd has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signature,;, dates, and/or information needed. If the document is already complete with the
exceotion of the Chairman's signature, draw a line through routing lines #\ through #4, complete the checklist, and fonvard to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
-~
....-.-..'---
3. -- --
-'
4. Jennifer A. Be1pedio, Assistant County County Attorney .~:r t\B 12/04/08
Attorney
5. Sue Filson, Executive Manager Board of COllllty Cormnissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BeC Chairman's signature are 10 be delivered to the BCe office only after the BCC has acted to approve the
item.)
Name of Primary Staff Artie Bay Phone Number 252-8459
Contact
Agenda Date Item was 12/02/08 Agenda Item Number 16F2
Approved by the BCC
Type of Docurneut Subgrant Agreement Contract No.:09CI Number of Original 4 -- M&R-- Need a114
Attached CFDA No.: 97.067 Documents Attached originals back. (Ex!
8459 -- Thank you)
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark UN/A" in the Not Apphcable column, whichever is appropriate.
1.
Original document has been signedlinitialed for legal sufficiency_ (All documents to be signed by the
Chairman, with the exception of most letters, must be reviewed and signed by the Office of the
County Attorney. This includes signature pages from ordinances, rcsolutions, etc. signed by the
County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully
executed by all parties except the BeC Chairman and Clerk to the Board and possibly State
Officials,
All handwritten strike~through and revisions have been initialed by the County Attorney's Office and
all other artics exec t the BeC Chainnan and the Clerk tu the Board
The Chairman's signature line date has been entered as the datc of Bec approval of the document or JAB
the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the <lppropriate pages indicating where the Chairman's signature and JAB
initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip should be
provided to Sue Filson in the Bee office within 24 hours of nee approval. Some documents are
time sensitive and require forwarding to Tallahassee withlll a certain time frame or the BCe's actions
are nullified. Be aware of your dcadlines!
The document was approved by the Bee on 12/02/08 and all changes made during the meeting JAB
have been incorporated in the attached document. The Connty Attorney's Office has reviewed
the chan es. if a Ucable.
2,
N/A
3.
4,
5.
NlA
6.
I: Fonnsl County Forms/ Bee Fonns/ Original Documents [{outing Slip WWS Original 9.03.04. Revised 1.2(),()5, Revised 2.24_05
"matter _Ilumbem/Hdocument_ number>>
16F 2 '1
MEMORANDUM
Date:
December 5, 2008
To:
Artie Bay
EMS, Operations Analyst
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Sub grant Agreement - Contract #09Cl, CFDA #97.067
Attached please find four (4) original document referenced above, (Agenda Item
#16F2) approved by the Collier County Board of County Commissioners on
Tuesday, December 2, 2008.
Please forward a fully executed original to the Minutes and Records
Department for the Board's Records.
If you have any questions, please call me at 252-8411.
Thank you.
16F2
Contract Number:09CI
CFDA Number: 97.067
FEDERALLY-FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management,
with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Collier County
(hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to
provide the services identified herein; and
B. The Division has received these grant funds from the State of Florida, and has tile authority to
subgrant these funds to the Recipient upon the terms and conditions below; and
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Recipient agree to the following:
(1) SCOPE OF WORK.
The Recipient shall perform tile work in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
(2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES
The Recipient and the Division shall be governed by applicable State and Federal laws,
rules and regulations, including those identified in Attacllment B.
(3) PERIOD OF AGREEMENT.
This Agreement sllall begin September 1, 2008, and shall end 18 months after the date
of execution, but no later than May 31.2010, unless terminated earlier in accordance with the provisions
of Paragraph (12) of this Agreement.
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes
which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to
the original of this Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the
federal Common Rule: Uniform Administrative Requirements for State and Local Governments" (53
Federal Register 8034) or OMB Circular No. A-110. "Grants and Agreements with Institutions of Higher
Education. Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost
Principles for State and Local Governments," OMB Circular No. A-21 , "Cost Principles for Educational
I
16F2
Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement
is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be
subject to Federal Acquisition Regulations 31.2 and 931.2.
(b) The Recipient shall retain sufficient records to show its compliance with the terms of
this Agreement, and the compliance of all subcontractors or consultants paid from funds under this
Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division
or its designee, the State Chief Financial Officer or the State Auditor General access to the records upon
request. The Recipient shall ensure that audit working papers are available to them upon request for a
period of five years from the date the audit report is issued, unless extended in writing by the Division.
The five year period may be extended for the following exceptions:
1. If any litigation, claim or audit is started before the five year period expires,
and extends beyond the five year period, the records shall be retained until all litigation, claims or audit
findings involving the records have been resolved.
2. Records for the disposition of non-expendable personal property valued at
$5,000 or more at tile time it is acquired shall be retained for five years after final disposition.
3. Records relating to real property acquired shall be retained for five years after
the closing on the transfer of title.
(c) The Recipient shall maintain all records for the Recipient and for all subcontractors or
consultants to be paid from funds provided under this Agreement, including documentation of all program
costs, in a form sufficient to determine compliance with the requirements and objectives of tile Budget
and Scope of Work - Attachment A - and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to
be paid from funds provided under this Agreement, shall allow access to its records at reasonable times
to the Division, its employees, and agents. "Reasonable" shall ordinarily 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 Division.
(6) AUDIT REQUIREMENTS
(a) The Recipient 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 tllis Agreement.
(b) These records shall be available at reasonable times for inspection. review, or audit
by state personnel and other personnel authorized by the Department or the Division. "Reasonable" shall
ordinarily mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall provide the Department with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under this
Agreement.
2
.i1 6 ,f ')
~
(d) If the Recipient is a State or local government or a non-profit organization as defined
in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in
Federal awards in its fiscal year. the Recipient must have a single or program-specific audit conducted in
accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement shows
the Federal resources awarded through the Division by this Agreement. In determining the Federal
awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including
Federal resources received from the Division. The determination of amounts of Federal
awards expended should be in accordance with the guidelines established by OMB Circular A-133, as
revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of
OMB Circular A-133. as revised, will meet the requirements of this paragraph.
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient
shall fulfill the requirements for auditee responsibilities as provided in Subpart C of OMB Circular A-133,
as revised.
If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the
event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and chooses to
have an audit conducted in accordance with the provisions of OMB Circular A-133. as revised, the cost of
the audit must be paid from non-Federal funds.
(e) Send copies of reporting packages for audits conducted in accordance with OMB
Circular A-133, as revised, and required by subparagraph (d) above, when required by Section .320 (d),
OMB Circular A-133, as revised, by or on bellalf of the Recipient to:
The Division at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallallassee. Florida 32399-2100
[also send an electronic copy to aurilla.parrish@dca.state.fl.us]
and
Division of Emergency Management
Bureau of Response
2555 Shumard Oak Boulevard
Tallallassee, Florida 32399-2100
The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (submit the number of
copies required by Sections .320(d)(1) and (2). OMB Circular A-133, as revised), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10t" Street
Jeffersonville, IN 47132
3
16F 2 ,
Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB
Circular A-133, as revised.
(f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall send
a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any
management letter issued by the auditor, to the Division at the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[also send an electronic copy to aurilla.parrish@dca.state.f1.us)
and
Division of Emergency Management
Bureau of Response
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) By the date due, send any reports, management letter, or otller information required
to be submitted to the Division pursuant to this Agreement in accordance with OMB Circular A-133,
Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General, as applicable.
(h) Recipients should state the date that the reporting package was delivered to the
Recipient when submitting financial reporting packages to the Division for audits done in accordance with
OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General,
(i) If the audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to
the Division of all funds not spent in accordance with these applicable regulations and Agreement
provisions within thirty days after tile Division has notified the Recipient of such non-compliance.
U) The Recipient shall have all audits completed by an independent certified public
accountant (IPA), either a certified public accountant or a public accountant licensed under Chapter 473,
Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The
audit must be received by the Division no later than nine months from the end of the Recipient's fiscal
year.
(7) REPORTS
(a) The Recipient shall provide the Division with quarterly reports and a close-out report.
These reports shall include the current status and progress by tile Recipient and all subrecipients and
subcontractors in completing the work described in the Scope of Work and the expenditure of funds under
this Agreement, in addition to any other information requested by the Division.
4
16F2
(b) Quarterly reports are due to the Division no iater tllan 30 days after the end of each
quarter of the program year and shall be sent each quarter until submission of the administrative close-
out report. The ending dates for each quarter of the program year are March 31, June 30, September 30
and December 31.
(c) The close-out report is due 60 days after termination of this Agreement or 60 days
after completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division, the Division may withhold further payments until they are completed or
may take other action as stated in Paragraph (11) REMEDIES. "Acceptable to tile Division" means that
the work product was completed in accordance with the Budget and Scope of Work.
(e) The Recipient shall provide additional program updates or information that may be
required by the Division.
(8) MONITORING.
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that
time schedules are being met, tile Schedule of Deliverables and Scope of Work are being accomplislled
within the specified time periods, and other performance goals are being achieved. A review shall be
done for each function or activity in Attachment A to tllis Agreement, and reported in the quarterly report.
In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring
procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or
other procedures. The Recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Division. In the event that the Division or the
Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to
comply with any additional instructions provided by the Division or the Department to the Recipient
regarding such audit. The Recipient further agrees to comply and cooperate with any inspections,
reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor
General. In addition, the Division will monitor the performance and financial management by the
Recipient tllroughout the contract term to ensure timely completion of all tasks.
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla.
Stat., the Recipient is solely responsible to parties it deals with in carrying out the terms of this
Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties
arising from the work performance under this Agreement. For purposes of this Agreement, Recipient
agrees that it is not an empioyee or agent of the Division, but is an independent contractor.
(b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28,
Fla. Stat., agrees to be fully responsible for its negligent or tortious acts or omissions which result in
5
16F2
claims or suits against the Division, and agrees to be liable for any damages proximately caused by the
acts or omissions to tile extent set forth in Section 768.28, Fla. Stat. Nothing herein is intended to serve
as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein
shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third
parties in any matter arising out of any contract.
(10) DEFAULT.
If any of the following events occur ("Events of Default"), all obligations on the part of the
Division to make further payment of funds shall, if the. Division elects, terminate and the Division has the
option to exercise any of its remedies set forth in Paragraph (11). However, the Division may make
payments or partial payments after any Events of Default without waiving the rigllt to exercise such
remedies, and without becoming liable to make any further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient
fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous
agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its
obligations under tllis Agreement;
(b) If material adverse changes occur in the financial condition of the Recipient at any
time during the term of this Agreement, and the Recipient fails to cure this adverse change within thirty
days from the date written notice is sent by the Division.
(c) If any reports required by this Agreement have not been submitted to the Division or
have been submitted witll incorrect, incomplete or insufficient information;
(d) If tile Recipient has failed to perform and complete on time any of its obligations
under this Agreement.
(11) REMEDIES.
If an Event of Default occurs, then the Division may, after thirty calendar days written
notice to the Recipient and upon the Recipient's failure to cure witllin those thirty days. exercise anyone
or more of the following remedies, either concurrently or consecutively:
(a) Terminate this Agreement. provided that the Recipient is given at least thirty days
prior written notice of the termination. The notice shall be effective when placed in the United States, first
class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address in
paragrapll (13) herein;
(b) Begin an appropriate legal or equitable action to enforce performance of this
Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Require that the Recipient refund to the Division any monies used for ineligible
purposes under the laws, rules and regulations governing the use of these funds.
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(e) Exercise any corrective or remedial actions, to include but not be limited to:
1. request additional information from the Recipient to determine the reasons for
or the extent of non-compliance or lack of performance,
2. issue a written warning to advise that more serious measures may be taken if
the situation is not corrected,
3. advise the Recipient to suspend. discontinue or refrain from incurring costs for
any activities in question or
4. require the Recipient to reimburse the Division for the amount of costs incurred
for any items determined to be ineligible;
(f) Exercise any other rights or remedies which may be available under
law.
(g) Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in
this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive
any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the
Division for any other default by the Recipient.
(12) TERMINATION.
(a) The Division may terminate this Agreement for cause after thirty days written notice.
Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations,
failure to perform on time, and refusal by the Recipient to permit public access to any document. paper,
letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended.
(b) The Division may terminate this Agreement for convenience or when it determines, in
its sole discretion, that continuing the Agreement would not produce beneficial results in line with the
further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement. The amendment will state tile effective date of the
termination and the procedures for proper closeout of the Agreement.
(d) In tile event that tllis Agreement is terminated, the Recipient will not incur new
obligations for tile terminated portion of the Agreement after tile Recipient has received the notification of
termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after
receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the
Division because of any breacll of Agreement by the Recipient. The Division may, to the extent
authorized by law. withhold payments to the Recipient for the purpose of set-off until the exact amount of
damages due the Division from the Recipient is determined.
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(13) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative named below, at
the address below, and this notification attached to the original of this Agreement.
(b) The name and address of the Division contract manager for this Agreement is:
Nikki Hines
2555 Shumard Oak Bouievard
Tallahassee, Florida 32399-2100
Telephone: 850-413-9894
Fax: 850-488-7842
Email: nikki.hines@em.myflorida.com
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
_Jeff Page, Chief
_2705 S. Horseshoe Drive
_Naples, FL 34104
Telephone:_ 239-252-8459
Fax:_239-252-3298
Email:_JeffPage@colliergov.net_
(d) In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative
will be provided as outlined in (13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement. a copy of the
unsigned subcontract must be forwarded to the Division for review and approval before it is executed by
the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by
the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and
regulations. and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of
whatever nature arising out of the subcontractor's performance of work under this Agreement, to the
extent allowed and required by law. The Recipient shall document in the quarterly report the
subcontractor's progress in performing its work under this Agreement.
For each subcontract, the Recipient shall provide a written statement to the Division as to
wllether that subcontractor is a minority vendor. as defined in Section 288.703, Fla. Stat.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully.
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(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments, the language of the attachments shall control, but only to the extent of
the conflict or inconsistency.
(c) Tllis Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A - Budget and Scope of Work
Attachment B - Program Statutes and Regulations
Attachment C - Justification of Advance
Attachment D - Warranties and Representations
Attachment E - Certification Regarding Debarment
Attachment F - Statement of Assurances
(17) FUNDING/CONSIDERATION
(a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for
costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $9,000,
subject to the availability of funds.
(b) Any advance payment under this Agreement is subject to Section 216.181 (16),
Fla.Stat.. and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph
(12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash
needs of the Recipient within the first three months of the contract term. For a federally funded contract,
any advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash
Management Improvement Act of 1990. If an advance payment is requested below, the budget data on
which the request is based and a justification statement shall be included in this Agreement as
Attachment C. Attachment C will specify the amount of advance payment needed and provide an
explanation of the necessity for and proposed use of these funds.
An advance payment of $ is requested
(c) After the initial advance, if any, payment sllall be made on a reimbursement basis as
needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
If the necessary funds are not available to fund this Agreement as a result of action by the United
States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or
under subparagraph (20)(h) of this Agreement, all obligations on the part of the Division to make any
further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty
days of receiving notice from the Division.
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(18) REPAYMENTS
All refunds or repayments due to the Division under this Agreement are to be made payable to
the order of "Department of Community Affairs", and mailed directly to the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Division for
collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the
returned check or draft, whichever is greater.
(19) MANDATED CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all tile
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any later submission or response to a Division request, or in any submission or response to fulfill the
requirements of this Agreement. All of said information, representations, and materials is incorporated by
reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division
and with thirty days written notice to the Recipient. cause the termination of this Agreement and tile
release of the Division from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision
of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision
shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other
provision of this Agreement.
(c) Any power of approval or disapproval granted to the Division under the terms of this
Agreement sllall survive the term of tllis Agreement.
(d) This Agreement may be executed in any number of counterparts, anyone of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public
Law 101-336, 42 U.S.C. Section 12101 et sea.), which prollibits discrimination by public and private
entities on the basis of disability in employment, public accommodations, transportation. State and local
government services, and telecommunications.
(f) Those who have been placed on the convicted vendor list following a conviction
for a public entity crime or on the discriminatorv vendor list may not submit a bid on a contract to provide
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 of a 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
10
16F 2
consultant under a contract with a public entity, and may not transact business witll any public entity in
excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list
or on the discriminatory vendor list.
(g) Any Recipient which is not a local government or state agency, and which
receives funds under this Agreement from the federal government, certifies, to the best of its knowledge
and belief, that it and its principals:
1. are not presently debarred, suspended. proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
2. Ilave not, within a five-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state or local) transaction or contract under public
transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft. forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
3. are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
19(9)2. of this certification; and
4. have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
If the Recipient is unable to certify to any of the statements in this certification, then the Recipient
shall attach an explanation to this Agreement.
In addition, the Recipient shall send to the Division (by email or by facsimile transmission)
the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary
Exclusion" (Attachment G) for each intended subcontractor which Recipient plans to fund under
this Agreement. The form must be received by the Division before the Recipient enters into a
contract with any subcontractor.
(h) The State of Florida's performance and obligation to pay under tllis Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216. Fla. Stat. or the Florida Constitution.
(i) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
Ul Any bills for travel expenses shall be submitted in accordance with Section 112.061,
Fla. Stat.
(k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient
refuses to allow public access to all documents, papers, letters or other materiai subject to the provisions
of Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement.
11
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(I) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount.
(m) 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 contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e) of the INA. Such vioiation 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 Division.
(n) The Recipient is subject to Florida's Government in the Sunshine Law (Section
286.011, Fla. Stat. ) with respect to the meetings of the Recipient's governing board or the meetings of
any subcommittee making recommendations to the governing board. All of these meetings shall be
publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available
to the public in accordance with Cllapter 119, Fla. Stat.
(0) All unmanufactured and manufactured articles, materials and supplies which are
acquired for public use under this Agreement must have been produced in the United States as required
under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost.
(20) LOBBYING PROHIBITION
(a) No funds or other resources received from tile Division under this Agreement may be used
directly or indirectly to influence legislation or any other official action by the Florida Legislature or any
state agency.
(b) The Recipient certifies, by its signature to this Agreement. that to the best of his or
her knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf
of the Recipient, to any person for influencing or attempting to influence an officer or employee 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, loan or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying."
12
~,6F2 11
3. The Recipient shall require that this certification be included in the award
documents for all subawards (including subcontracts, subgrants. and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less tllan $10,000 and not
more than $100,000 for each such failure.
(21) COPYRIGHT. PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA.
ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE
OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF
FLORIDA.
(a) If the Recipient has a pre-existing patent or copyright, the Recipient sllall retain all
rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise.
(b) If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected with it, the Recipient shall refer the
discovery or invention to the Division for a determination whether the State of Florida will seek patent
protection in its name. Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books, manuals, films, or otller copyriglltable
material are produced. the Recipient shall notify the Division. Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Recipient to the State of
Florida.
(c) Within thirty days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relating to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The Recipient sllall retain all rights and entitlements to any
pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property
exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which
accrue during performance of the Agreement.
(22) LEGAL AUTHORIZATION.
The Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has autllorized the execution and acceptance of this Agreement.
The Recipient also certifies that the undersigned person has the authority to legally execute and bind
Recipient to the terms of this Agreement.
13
(23) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as
16F2
Attachment F.
IN WITNESS WHEREOF. the parties hereto have executed this Agreement.
RECIPIENT: OlLlER
By:
Name and title: Tom Henning
/ I rI'
Date: j.'). .')IC,)
FID# .::;(1- 1,.,::)()()5S 3
NTY
Chairman of the Board of County Commissioners
STATE OF FLORIDA
DIVISION OF EMERGENCY MANGEMENT
" r,
.~'r'i'k"'/"c,'
~.'" "
"Q .,' , :.
, .
~
"
Attest as
sIgnature
,. .,.
toChal~.'t
on I...' ,
'.
,
By:
Name and Title: W. Craiq Fuqate. Director of the Division of Emerqencv Manaqement
Date:
'iN as to form ~
14
16F2'f
EXHIBIT - 1
THE FOllOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS
AGREEMENT:
NOTE: If the resources awarded to the Recipient are from more than one Federal program, provide the
same information shown below for each Federal program and show total Federal resources awarded.
Federal Program
Federal agency: Department of Homeland Security
Catalog of Federal Domestic Assistance title and number: 97.067
Award amount: $9,000
THE FOllOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES
AWARDED UNDER THIS AGREEMENT:
NOTE: If the resources awarded to the Recipient represent more than one Federal program, list
applicable compliance requirements for each Federal program in the same manner as shown below.
Federal Program:
List applicable compliance requirements as follows:
1. Recipient is to use funding to perform eligible activities as identified in the Office of Grants and
Training Fiscal Year 2008-2009 State Homeland Security Grant Program (SHSGP). consistent
with the Department of Homeland Security State Strategy.
2. Recipient is subject to all administrative and financial requirements or will be in violation with the
terms of the agreement.
NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding
agency may elect to use language that requires the Recipient to comply with the requirements of
applicable provisions of specific laws, rules, regulations, etc. For example, for Federal Program 1, the
language may state that the Recipient must comply with specific laws, rules, or regulations that pertain to
how the awarded resources must be used or how eligibility determinations are to be made. The State
awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to.
15
16F2
NOTE: Section .400(d) of OMS Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes,
require that the information about Federal Programs and State Projects included in Exhibit 1 be provided
to the Recipient.
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Revised Attacbment A
Budget and Scope of Work
Proposed Program Budget
Below is a general budget which outlines eligible categories and their allocation under this award. The Recipient is to utilize the "Proposed
Program Budget" as a guide for completing the "Budget Detail Worksheet" below.
.. No more than 3% of the total award may be expended on Management and Administration costs by the Recipient.
.. At the discretion of the Recipient. funds allocated to Management and Administration (as described in the "Proposed Program
Budget") may be put towards Programmatic costs instead.
*' The transfer of funds between planning, training, exercises and management & administration is permitted, fOf this contract only,
whereas management & administration costs do not exceed 3% of the Recipient's total award.
Grlnt R..lpl..t Ag...,. Cateaory Amo..t A11_ted
Planning
Training $8,994
FY 2008 State Homeland Security Grant Exercises
Program -Issue 59: Community Collier County EMS Equipment
Emergency Response Team (CERT)
Management and Administration
(The dollar amount which corresponds to 3% of the total N/A
allocation is shown in the column on the right.)
Total Award
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16F2
Budget Detail Worksheet
The Recipient is required to provide a completed budget detail worksheet, to the Division, which accounts for the total award for issue 59:
Community Emergency response Team (CERT) as described in the "Proposed Program Budget".
[f any changes need to be made to the "Budget Detail Worksheet", after the execution of this contract, contact the contract manager listed in this
contract via email or letter.
Budget Detailed Worksbeet
ElIatble Activities
Allowable Plannloa Colts Quantity Unit Cost Totaleo.t
Public Education/Outreach 500 .61 305
Develop and implement homeland security support programs and adopt ongoing
DHS national initiatives, including State Preparedness Reports
Develop and enhance plans and protocols
Develop or conduct assessments
Establish, enhance, or evaluate CERT -related volunteer programs
Hiring of full or part-time staff or contractors/consultants to assist with planning
activities (not for the purpose of hiring public safety personnel fulfilling
traditional public safety duties)
Conferences to facilitate planning activities
Materials required to conduct planning activities
TraveL/per diem related to planning activities
Overtime and backfill costs - Payment of overtime expenses will be for work
performed by award (SAA) or sub-award employees in excess of the established
work week (usually 40 hours) related to the planning activities for the
development and implementation of the programs under CERT.
Allowlble Training Costs
Quantity Unit Cost Total Cost
Overtime and backfill funding for emergency preparedness and response
personnel attending FEMA-sponsored and approved training classes and
technical assistance programs.
Grantees may also use grant funds to cover overtime and backfill expenses for
part-time and volunteer emergency response personnel participating in FEMA
trainimr.
Training Workshops and Conferences - Grant funds may be llSed to plan and
conduct training workshops or conferences to include costs related to planning,
meeting space and other meeting costs, facilitation costs, materials and supplies,
travel, and training plan development.
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l6F2'
Full or Part-Time Staff or Contractors/Consultants - Full or part-time staff
may be hired to support training-related activities. Payment of salaries and
fringe benefits must be in accordance with the policies of the state or local
unites) of government and have the approval of the state or the awarding agency, 1 .,500 1,500
whichever is applicable. The services of contractors/consultants may also be
procured by the state in the design, development, conduct, and evaluation of
CBRNE training. The applicant's fonnal written procurement policy or the
Federal Acquisition Regulations (FAR) must be followed.
Travel- Travel costs (i.e., airfare, mileage, per diem, hotel, etc.) are allowable
as expenses by employees who are on travel status for official business related
to the planning and conduct oftbe training project(s) or for attending QDP-
sponsored courses. These costs must be in accordance with state law as
highlighted in the OJ? Financial Guide. States must also follow state 1 682 682
regulations regarding travel. If a state or territory does not have a travel policy
they must follow federal guidelines and rates, as eXplained in the OJ? Financial
Guide. For
further information on federal law pertaining to travel costs please refer to
htto'//www .oio.usdoi. e:ov/Financiale:uide
Supplies - Supplies are items that are expended or consumed during the course
of the planning and conduct of the training project(s) (e.g., copying paper, 50 20 1,000
gloves, tape, and non-sterile masks).
Tuition for higher education
Other Items - These costs include the rental of space/locations for planning and 50 14 700
conducting training, badges, etc.
AJIo_1t Blordie C....
Exercises specifically designed for or that include participation from non-governmental entities and the general public are allowable
activities and may include testing public warning systems, evacuation/shelter in-place capabilities, family/schoollbusiness preparedness,
and participating in table-top or full scale emergency responder exercises at the local, State, or national level, to include Top Officials
Exercise (TOPOFF). More information listed at htto:/lhseeo.dhs.20v
Quantity Unit Cost Total Cost
Exercise Planning Workshop - Grant funds may be used to plan and conduct
an Exercise Planning Workshop to include costs related to planning, meeting
space and other meeting costs, facilitation costs, materials and supplies, travel
and exercise plan development.
Full or Part-Time Staff or Contractors/Consultants - Full or part-time staff
may be hired to support exercise-related activities. Payment of salaries and
fringe benefits must be in accordance with the policies of the state or local
unit(s) of government and have the approval oftbe state or the awarding agency, 1 500 900
whichever is applicable. The services of contractors/consultants may also be
procured to support the design, development, conduct and evaluation of CBRNE
exercises. The applicant's formal written procurement policy or the Federal
Acquisition Regulations (FAR) must be followed.
Overtime and backfill costs - Overtime and backfill costs associated with the
design, development and conduct of CBRNE exercises are allowable expenses.
Grantees may also use grant funds to cover overtime and backfill expenses for
part-time and volunteer emergency response personnel participating in FEMA
exercises.
Implementation of HSEEP (Homeland Security Exercise and Evaluation
Program)
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16F2
Travel- Travel costs (i.e., airfare, mileage, per diem, hotel, etc.) are allowable
as expenses by employees who are on travel status for official business related
to the planning and conduct of the exercise project(s). These costs must be in
accordance with state law as highlighted in the OJP Financial Guide. States I 409 409
must also follow state regulations regarding travel. If a state or tenitory does not
have a travel policy they must follow federal guidelines and rates, as explained
in the OJ? Financial Guide. For further information on federal law pertaining to
travel costs please refer to http://www.ojp.usdoj.gov/financialguide
Supplies - Supplies are items that are expended or consumed during the course
of the planning and conduct aCthe exercise project(s) (e.g., copying paper,
gloves, tape, non-sterile masks, and disposable protective equipment).
Other Items - These costs include the rental of spa cello cations for exercise
planning and conduct, exercise signs, badges, etc.
EDalblolqulplllOlll ~u11ltloD COil>
The table below highlights the allowable equipment categories for this award. A comprehensive listing of these allowable equipment
categories, and specific equipment eligible under each category, can be found on the web-based Authorized Equipment List (AEL) at:
htto://www.rkb.us
. Register on the website (optional)
. Log into the website
. Select the SEU AEL tab
. Select AEL Only
. To identifY items within the eligible categories, select the box that reads "List Contains All Items Click Here to Customize by
Grant". Then uncheck all the grants listed except for Citizen Corps Program (CCP) and select the Customize Button. The CCP
includes CERT activities.
If you wish to purchase a piece of equipment from any of the eligible categories listed below for CERT, indicate the "AEL item number"
and "title", in the emDtv soace orovided below that catellorv,
e.g., "AEL Item Number" Here, "Title" Here Quantity Unit Cost Total Cost
[01) Personal Protective Equipment (limited to Respimtory Protection
Equipment: Disposable Respirator and PPE Accessories Eye Protection and 50 69,95 3,498
other Accessori~)
[03] CBRNE Operational and Search and Rescue Equipment Technology
[04] Infonnation Technology
[OS] Cyber Security Enhancement
[6] Interoperable Communications Equipment
[09] Medical
[10] Power
[12] CBRNE Incident Response Vehicles
[19] CBRNE Logistical Support Equipment
r-~
[21] Other Authorized Equipment
20
16~
"
<
I!IlIlbl. MallapDlIllI ~ Admlnlalrallou CoIIt(_lend Q..1IlIIy Uull Coot Total COlt
odtninlJtradoo..... nlay lIOt exceed 3% orlbo Rel:lpietll', total.ward)
Hiring of fuU~time or part-time staff or contractors/consultants:
- To assist with the management of the FY 2008 CERT
- To assist with design, requirements and the implementation of the
FY 2008 CERT
.. To assist with the implementation and administration of the State
Homeland Security Strategy, as it may relate to the FY 2008 CERT
Hiring oCfuU-time or part-time staff or contractors/consultants and
expenses related to:
- CERT pre~application submission management activities and application
requirements.
- Meeting compliance with reporting/data collection requirements, including
data calls.
Development of operating plans for information collection and processing
necessary to respond to DHS/ODP data calls.
Overtime and backfill costs - Overtime expenses are defined as the result of
personnel who worked over and above their normal scheduled daily or weekly
worked time in the performance of this award ~ approved activities. Backfill
Costs also called "Overtime as Backfill" are defined as expenses from the result
of personnel who are working overtime in order to perform the duties of other
personnel who are temporarily assigned to grant activities - approved activities
outside their core responsibilities. Neither overtime nor backfill expenses are the
result of an increase of Full- Time Equivalent (FTEs) employees. These costs
are allowed only to the extent the payment for such services is in accordance
with the policies of the state or unit(s) of local government and has the approval
of the state or the awarding agency, whichever is applicable. In no case is dual
compensation allowable. That is, an employee of a unit of government may not
receive compensation from their unit or agency of government AND from an
award fora single period oftirne (e.g., I :00 pm to 5:00 pm), even though such
work may benefit both activities. Fringe benefits on overtime hours are limited
to Federal Insurance Contributions Act (FICA), Workers' Compensation and
Unemnloument Comnensation.
Travel expenses
Meeting-related expenses (For a complete list of allowable meeting-related
expenses, please review the OJ? Financial Guide at
http://www.ojp.usdoj.gov/financialguide).
Acquisition of authorized office equipment, including personal computers,
laptop computers, printers, LCD projectors, and other equipment or software
which may be required to support the implementation of the homeland security
strategy.
The following are allowable only within the contract period:
.. Recurring fees/charges associated with certain equipment, such as cell
phones, faxes, etc.
.. Leasing and/or renting of space for newly hired personnel to administer
programs within FY 2008 CERT.
TOTAL 8,994
21
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SCOPE OF WORK
Funding is provided to perform eligible activities as identified in the Domestic Homeland Security ~ Federal Emergency Management Agency
National Preparedness Directorate Fiscal Year 2008, Community Emergency Response Team (CERT), consistent with the Department of
Homeland Security State Strategy. Eligible activities are outlined in the Scope ofWark for each category below:
I. Categories and Eligible Activities
Issue 59: Citizen Corps (Community Emergency Response Team)
FY 2008 Community Emergency Response Team (CERT), allowable costs are divided into the following categories: planning,
training, exerdses, equipment and Management and Administration. Management and administration costs may not exceed 3%
of the Recipient's total award.
A. Planning
. Public education and Outreach.
. Developing and implementing homeland security support programs and adopting DHS national initiatives.
. Developing related terrorism prevention activities.
. Developing and enhancing plans and protocols.
. Developing or conducting assessments.
B. Training
Funds may be used to enhance the capabilities of State and local emergency preparedness and response personnel through
development of a State homeland security training program.
Allowable training-related costs include:
. Establishment of support for, conduct of, and attendance at preparedness training programs within existing training
academies/institutions, universities, or junior colleges. Preparedness training programs are defined as those programs
related to prevention, protection. response, and or recovery from natural, teclmical, or manmade catastrophic
incidents, supporting one or more Target Capabilities in alignment with national priorities as stated in the Goal.
Examples of such programs include but are not limited to CBRNE terrorism, critical infrastructure protection, cyber
security. and Community preparedness.
. Overtime and backfill costs associated with attendance at G&T~sponsored and approved training classes and
technical assistance programs. SHSP may also be used for training Community in awareness, prevention, protection,
response, recovery skills.
Training courses are listed at www.firstresoonderstrainine:.tlOV
c. Exercises
Funds may be used to design, develop, conduct, and evaluate exercises that
. Provide homeland security preparedness personnel and volunteers a venue to practice prevention, protection,
response, and recovery activities;
. Evaluate prevention and response plans, policy, procedures, and protocols, including NIMS and NRP;
. Assess the readiness of jurisdictions to prevent and respond to terrorist attacks.
. Encourage coordination with surrounding jurisdictions in prevention, protection, response, and recovery activities;
. Facilitates implementation of HSEEP, including developing and maintaining a self.sustaining State Homeland
Security Exercise and Evaluation Program that is modeled on the national HSEEP.
Exercises conducted must be managed and executed in accordance with the Homeland Security Exercise and Evaluation
Program (HSEEP). HSEEP Volumes I.III contain guidance and recommendations for designing, developing, conducting,
and evaluating exercises. Volume IV contains sample exercise materials and documents. All four volumes can be found at
hUn: Ilhseen .dhs .IZOV.
Exercises specifically designed for or that include participation from non.govemmental entities and the general public are
allowable activities and may include testing public warning systems, evacuation/shelter in-place capabilities,
family/school/business preparedness, and participating in table-top or full scale emergency responder exercises at the local.
State, or national level, to include Top Officials Exercise (TOPOFF). More infonnation listed at htto:/ihseeo.dhs.,&.QY
All tabletop exercises (TIXs), drills, functional exercises (FEs), and full-scale exercises (FSEs) will be evaluated and
perfonnance based. An After Action Report (AAR) and Improvement Plan will be prepared and submitted to the State
following every TIX, drill, FE, and FSE. AAR/IPs must be provided to the State within 30 days following completion of
each exercise (see HSEEP Volume II, Appendix A).
22
,-
:)~
!~'7-'
D. Equipment: FY 2008 CERT funds may be used for equipment acquisition from the FY 2008 Authorized Equipment
List (AEL). The FY 2008 AEL is available in its entirety online through the Responders Knowledge Base (RKB) at
htto://www.rk~.
Authorized equipment for CERT includes the following:
. Personal Protective Equipment
. CBRNE Operational and Search and Rescue equipment
. Information Technology
. Interoperable Communications Equipment
. Cyber Security Enhancement Equipment
. Medical
. Power
. CBRNE Incident Response Vehicles
. CBRNE Logistical Support Equipment
. Other Authorized Equipment
E. Management and Administration - no more than 3% of each sub-recipient's total award may be expended on
Management and Administration costs.
1. Hiring of full-time or part-time staff or contractors/consultants:
. To assist with the management of the FY 2008 CERT
. To assist with design, requirements and the implementation of the FY 2008 CERT
. To assist with the implementation and administration of the State Homeland Security Strategy, as it
may relate to the FY 2008 CERT
2. Hiring of full-time or part-time staff or contractors/consultants and expenses related to:
o Meeting compliance reporting/data collection requirements, including data calls
3. Development of operating plans for information collection and processing necessary to
respond to DHS data calls.
4. Overtime and backfill costs ~ Overtime expenses are defined as the result of personnel who worked over and
above their normal scheduled daily or weekly worked time in the performance of the award - approved activities.
Backfill Costs also called "Overtime as Backfill" are defined as expenses from the result of personnel who are
working overtime in order to perform the duties of other personnel who are temporarily assigned to training -
approved activities outside their core responsibilities. Neither overtime nor backfill expenses are the result of an
increase of Full- Time Equivalent (ITEs) employees. These costs are allowed only to the extent the payment for
such services is in accordance with the policies of the state or unites) of local government and has the approval of the
state or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an
employee of a unit of government may not receive compensation from their unit or agency of government AND from
an award for a single period of time (e.g., 1:00 pm to 5:00 pm), even though such work may benefit both activities.
Fringe benefits on overtime hours are limited to Federal Insurance Contributions Act (FICA), Workers'
Compensation and Unemployment Compensation.
s. Travel expenses
M88t1ng~related expenses (For a complete list of allowable meeting-related expenses, please review the
OJP Financial Guide at httD://www.oio.usdoLaov/financialauide).
6. Acquisition of authorized office equipment, Including:
. Personal computers
. Laptop computers
. Printers
. LCD projectors, and
. Other equipment or software which may be required to support the implementation of the homeland
security strategy
7. The following are allowable only within the periOd of performance ofthe contract:
. Recurring fees/charges associated with certain equipment, such as celt phones, faxes, etc.
. Leasing and/or renting of space for newly hired personnel to administer programs within the FY 2008 CERT.
F. Unautborized Expenditures
. Expenditures for items such as general-use software (word processing, spreadsheet, graphics, etc.)
. General-use computers and related equipment
. General-use vehicles
23
16F2
. Licensing fees
. Weapons systems and ammunition
. Construction or renovation of facilities that would have been reasonably necessary due to non.terrorist threats
. Activities unrelated to the completion and implementation of the CERT
. Other items not in accordance with the Authorized Equipment List or previously listed as allowable costs
. Funding may not be used to supplant ongoing, routine public safety activities of state and local emergency
responders, and may not be used to hire staff for operational activities or backfill
G. Overtime aod Backfill Guidance
. Overtime: Expenses incurred by those personnel who, as a result of FEMA-approved activities, are performing
over and above their normal, scheduled work hours or work week.
. Backfill (also called Overtime as Backfill): Expenses incurred by those personnel who are working over and
above their normal, scheduled work hours, or work week, in order to perfonn the duties of other personnel who
are temporarily assigned to FEMA-approved activities outside their core responsibilities. The OJP OC does not
distinguish between Overtime and Overtime as Backfill ~ they are both viewed as overtime regardless of
whether the individual has performed more hours in their normally assigned place of duty or if the overtime
accrued as a result of being re-assigned to a different place of duty. Overtime and backfill do not result in an
increase of full.time employees (FTEs).
II. National Preparedness Initiatives
A. National Incident Management System (NIMS)
NIMS provides a consistent nationwide approach for federal, state, territorial, tribal, and local governments to work
effectively and efficiently together to prepare for, prevent, respond to, and recover from domestic incidents, regardless of
cause, size or complexity. Since FY 2008 is a critical year for initial NIMS adoption, the Recipient should start now by
prioritizing FY 2008 preparedness assistance (in accordance with the eligibility and allowable uses of the grant) to
facilitate its implementation.
1. Minimum FY 2008 NIMS Compliance Requirements
. Incorporating N1MS into existing training programs and ex.ercises;
. Completion of the NIMCAST tool;
. Ensuring that federal preparedness funding supports NIMS implementation (in accordance with the
eligibility and allowable uses of the grants);
. Incorporating NIMS into emergency operations plarming;
. Promotion of mutual aid agreements; and,
. Institutionalizing the use of the Incident Command System (ICS).
2. Local units of government should support NIMS implementation by:
. Having relevant personnel complete the NIMS Awareness Course:
These independent study courses are available on8line and will take between forty-five minutes to three
hours to complete. The course is available on the Emergency Management Institute web page at:
htto://traininl! fema.l!ov
. Formally recognizing NIMS and adopting NIMS principles and policies. The NIC will provide
sample language and templates to assist in fonnally adopting NIMS through legislative and/or
executive/administrative means.
. Establish a NIMS baseline by determining which NIMS requirements are already satisfied. The
NIC is developing a web-based self-assessment system, the NIMS Capability Assessment Support Tool
(NIMCAST) to evaluate their incident response and management capabilities. The NIC is currently
piloting the NIMCAST with a limited numberofstate:s. Upon completion of the pilot, the NIC will
provide all potential future users with voluntary access to the system.
3. FY 2008 Requirements
In order for the State to receive FY 2008 preparedness funding, the compliance requirements described above
must be met. Additional information about NIMS compliance and resources for achieving compliance will be
forthcoming from the NIC. The NIC web page, httD'//www.fema.l!ov/nims, will be updated regularly with
NIMS information and implementation guidance.
Note: FY 2008 CERT (via Community Corps Program) Program Grant Guidance can be found at www.dhs.aovorwww.rkb.us
B. National Preoaredness System lNPS)
24
16F2
The NPS provides a tool to assist jurisdictions, agencies, and organizations at all levels to plan for, assess, and track
capabilities in a shared environment. It integrates various efforts to provide the comprehensive picture of preparedness and
progress toward achieving the Goal. Recipients are responsible forland required to report data into this developing system.
III. Reporting Requirements
A. Bencbmarks
1. All funds shall be obligated within the first 6 months of the date of execution of the contract by both parties, no later than
May 31. 2009.
2. No less than 50% of the funds shall be spent within the first 12 months from the date of execution of the contract, no later
than November 30, 2009.
3. 100% of the funds shall be spent within 18 months from the execution of the contract, no later than May 31, 2010.
4. Any unobligated funds will be de.obligated at the end of this period and are subject to reallocation to other prioritized
projects.
5. Extensions to the period of performance will be considered only through formal requests to FDEM with specific and
compelling justifications why an extension is required. All requests for extensions are subject to review and will not
automatically be granted.
B. The following information and documentation must be provided in the Form 1 report due prior to ???? DATE, 2008:
1. One-page summary of meeting held between applicant and their corresponding County Emergency
Management Office to discuss the CERT program.
2. A revised budget.
3. A timeline for key activities during period of sub-grant. to include at a minimum:
a. Official registering as a CERT by receiving official support from local authorized
representative and submitting request on the National Citizen Corps Website.
b. Strategy and methodology for recruitment of members.
C. Procurement of all materials and supplies to operate the CERT program and to support
public education and outreach activities.
d. Estimated number of publications distributed to the public.
e. Estimate number of people trained in community preparedness and family safety measures,
to include first aid, emergency preparedness. and general safety precautions.
f. Plans to maintain CERT members, indicating how they can be used to supplement
emergency management activities in disaster and non..<Jisaster situations.
g. Plans to utilize CERT in expanded program activities.
h. Completion of the CERT Questionnaire
6. The following will be provided in all subsequent quarterly progress reports:
1. Documentation of registration as an official CERT.
2. A list of materials and supplies purchased for the CERT program funded under this sub.grant.
3. A list of publications distributed to the public and funded under this agreement.
4. Roster(s) of volunteers trained during the grant period. Roster should include. at a minimum: name of
member and date training completed, and for new Citizen Corps Councils: Name of council. location
coverage, contact information, including e-mail address and phone number.
5. Sample copies of any materials (e.g. news releases, brochures, videos. notices, letters. pictures or the like)
produced to promote the CERT program under this sub-grant and courtesy copies of other program
promotional items.
6. A list of other CERT activities related to this sub-grant.
7. Total amount of grant funds used to date and for what activities
C. To submit with the quarterly report, a report of Community Emergency Response Team activation for emergency or non-
emergency situations. Report should detail date. councH name. number of CERT members activated, brief description of
activity. This will include situations where CERT members have augmented a community's emergency management
capability.
25
16F2
Reporting Periods
A. Ouarterlv Programmatic Reoortiol!:
The Quarterly Programmatic Report is due within 30 calendar days after the end of the reporting periods (March 31, June
30, September 30 and December 31) for the life of this contract. Quarterly reports with the appropriate documentation as
listed in Part II.S and C shall be submitted to the Department for approval. In addition, all invoices for expenses incurred
to perform the work and prepare the products should be submitted. Ifa report(s) is delinquent, future financial
reimbursements will be withheld until the Recipient's reporting is current.
. All instructional materials, classroom supplies, and instructional tools (i.e. fire extinguisher) must be purchased
and a request for payment for these items must be received no Jaterthan DATE. Failure to comply may result in
a tennination of this agreement.
. Programmatic/ Technical conference calls will be held quarterly on a schedule to be announced. These
conference calls are mandatoI)' and attendance of these conference calls will be taken through role call. Failure
to attend these calls may result in a termination of this agreement.
. Recipient agrees to perform the project identified in said application utilizing the funds provided under this
agreement. Matching Funds must meet program requirements.
Proorammatic enortino chedu e
Reporting Period Report due to OEM no later than
July I through September 30 September 30, 2008
October I through December 31 December 31, 2008
January I through March 31 March 31, 2009
April I through June 30 June 30, 2009
July 1 through September September 30, 2009
R S
B. Prollrammatic RenortiDIl
After the end of each reporting period, for the life of the contract, the recipient will complete their Biannual Strategic
[mplementation Report in the Grants Reporting Tool (GRT) httns';/www.renortinQ".ododhs.Q"ov The reporting periods are
January I~June 30 and July I-December 31. Data entry is scheduled for December I and June I respectively.
C. Reimbursement Reouests:
A request for reimbursement may be sent to your contract manager for review and approval at anytime during the contract
period. The Recipient should include the category's corresponding line item number in the "Detail of Claims" form. This
number can be found in the "Proposed Program Budget". A line item number is to be included for every dollar amount
listed in the "Detail of Claims" fonn.
D. Close-out Prollrammatic Reoortinll:
The Close-out Report is due to the Florida Division of Emergency Management no later than 60 calendar days after the
contract is either completed or the contract has expired.
E. Monitorinll:
26
l('J t}
-
Florida Division of Emergency Management
US Department of Homeland SKurity Grants Program
Grant Monitoring Process
Florida has enhanced the state and local capability and capacity to prevent, prepare and respond to terrorist threats since 1999 through
various funding sources including federal grant funds. As the steward of the State Homeland Security Grant Program funds, projects
and equipment the Florida Division of Emergency Management (FDEM) has a responsibility to track and monitor the status of the
grant activity and items purchased.
The monitoring process detailed in this document is designed to assess a recipient agency's compliance with applicable state and
federal guidelines. The FDEM is responsible for monitoring the financial, programmatic and capability portion of the grant to include
equipment procurement and compliance with applicable SHSGP grant guidance and statutory regulations.
Monitoring is accomplished utilizing various methods including desk monitoring and on4site visits. There are two primary areas
reviewed during monitoring activities 4 financial and programmatic/capability. Financial monitoring is the review ofrecoros
associated with the purchase and disposition of property, projects and contracts. Capability review is the observation of equipment
purchased, protocols and other associated records. Various levels of financial and programmatic review may be accomplished during
this process.
Desk monitoring is defined as the review of projects, fmancial activity and technical assistance between the program office and the
applicant via e.mail and telephone. Site visits are defined as actual visits to the recipient agency's location by a team or members of
the FOEM or their designee, to actually observe records, procedures and equipment.
Freouencv of annual monitorinll activity:
Each year the POEM will identify up to 50% of sub~grantees for site visit monitoring. It is important to note that although a given
grant has been closed successfully, it is still subject to either desk or on.site monitoring.
Enroll.e. of areas that may be examined include:
Management and administrative procedures
Grant folder maintenance
Equipment accountability and sub. hand receipt procedures
Program for obsolescence
Status of equipment purchases
Status of training for purchased equipment
Status and number of response trainings conducted to include number trained
Status and number of exercises
Status of planning activity
Anticipated projected completion
Specific difficulties completing the project.
Agency NIMS/ICS compliance documentation
In certain circumstances, the POEM may request additional monitoring/information if the activity, or lack there of, on the part of the
specific recipient has generated questions from the region, the sponsoring state agency or the FOEM leadership. The method of
gathering this information will be detennined on a case-by.case basis.
Oesk monitoring is an on-going process. Agency recipients will be required to participate in desk top monitoring on an annual basis
and as determined by the FDEM. The agency recipients will compete and submit the desk top monitoring within 14 business calendar
days of receipt. This contact will provide an opportunity to identify the need for technical assistance (T A) and/or a site visit if the
FOEM determines that a recipient is having difficulty completing their project.
As difficulties/deficiencies are identified, the respective region or sponsoring agency will be notified by the program office via email.
Information will include the grant recipient agency name, year and project description and the nature of the issue in question. Many of
the issues that arise may be resolved at the regional or sponsoring agency level. Issues that require further T A will be referred to the
FOEM for assistance. Examples ofTA include but are not limited to:
,.. Equipment selection or available vendors
,.. Eligibility of items or services
,.. Coordination and partnership with other agencies within or outside the region or discipline.
Site Visits
Site visits will be conducted by the FOEM or their designated personnel. Site visits will be scheduled in advanced with the recipient
agency POC designated in the grant agreement. Monitoring questionnaires will be provided in advance of the visit.
The FOEM will also conduct coordinated financial and gran
27
16[2
All findings related to the capability review will be documented and maintained within the FDEM.
Site Visit Protocol
The following outlines the monitoring protocol for the FDEM:
The site visits will begin with those grantees that are currently spending or have completed spending for that federal fiscal year
(FFY). Site visits may be combined when geographically convenient. There is a site visit checklist to assist in the completion of all
required tasks.
Site Visit PreDaration
A letter will be sent to recipient agency Point of Contact (POC) stating the purpose of the site visit and sent at least 30 calendar days
before the planned arrival date. FDEM personnel will call within the next 10 calendar days to schedule an appointment to review the
grantee's program.
The physical location of any equipment located at an alternate site should be confirmed with a representative from that location and
the address should be documented in the grantee folder before the site visit.
The appointment should be confirmed with the grantee in writing (email is acceptable) and documented in the grantee folder.
Any personnel from the FDEM attending the site visit will review the grantee's corresponding folder(s) before the visit. Prior to the
visit, individual roles will be identified for the site visit. Copies of applicable documents will be made and distributed to the site visit
team at a minimum oftive (5) calendar days before the visit. A reminder e-mail should be sent to all team members and the recipient
POC one business day in advance of the site visit.
Site Visit
Once FDEM personnel have arrived at the site, an orientation conference will be conducted. During this time, the purpose of the site
visit and the items FDEM intends to examine will be identified. If financial monitoring visit will be conducted, they will then explain
their objectives and will proceed to perform the financial review.
FDEM personnel will review all files and supporting documentation. Once the supporting documentation has been reviewed, a
tour/visuaVspot inspection of equipment will be conducted.
Each item should be visually inspected whenever possible. Bigger items (computers, response vehicles, etc.) should have an asset
decal (information/serial number) placed in a prominent location on each piece of equipment as per recipient agency requirements.
The serial number should correspond with the appropriate receipt to confirm purchase. Photographs should be taken of the equipment
(large capitol expenditures in excess of$l ,000. per item).
If an item is not available (being used during time of the site visit), the appropriate documentation must be provided to account for that
particular piece of equipment. Once the tour/visual/spot inspection of equipment has been completed, the FDEM personnel will then
conduct an exit conference with the grantee to review the findings.
Other programmatic issues can be discussed at this time, such as missing quarterly reports, payment voucher/reimbursement,
equipment, questions, etc.
Post Site Visit
FDEM personnel will review the site visit worksheet as a team and receive notes from the Financial Review Team, if applicable.
Within 30 calendar days of the site visit, a monitoring report will be generated and sent to the grantee explaining any issues and
corrective actions required or recommendations. Should no issues or findings be identified, a monitoring report to that effect will also
be generated and sent to the grantee. The grantee will submit a Corrective Action Plan within a timeframe as determined by the
FDEM. The Site Visit Worksheet, report and photographs will then be included in the grantee's file along with any documents
distributed at the site visit by the grantee.
K. Programmatic Point of Contact
Contractual Point of Contact Programmatic Point of Contact
Contract Manager, Nikki Hines Program Manager, Tina Mazanek
FDEM FDEM
2555 Shumard Oak Blvd. 2555 Shumard Oak Blvd.
Tallahassee. FL 32399-2100 Tallahassee, FL 32399~2l00
(850413-9894 (850)410-1599
nikki.hin~~~.mvf1orida.com Tina,mazanek{a).em.mvflorida.com
L. Contractual Responsibilities
. The FDEM shall determine eligibility of projects and approve changes in scope of work..
. The FDEM shall administer the financial processes.
28
16F2
Attachment B
Program Statutes and Regulations
1) 53 Federal Register 8034
2) Section 1352, Title 31, US Code
3) Chapter 473, Florida Statutes
4) Chapter 215, Florida Statutes
5) E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements
28 CFR, Part 66, Common rule,
6) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
7) Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975
8) Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470).
Executive Order 11 593
9) Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.)
10) Title I of the Omnibus Crime Control and Safe Streets Act of 1968,
11) Juvenile Justice and Delinquency Prevention Act, or tile Victims of Crime Act
12) 28 CFR applicable to grants and cooperative agreements
13) Omnibus Crime Control and Safe Streets Act of 1968, as amended.
14) 42 USC 3789(d), or Victims of Crime Act (as appropriate);
15) Title VI of tile Civil Rights Act of 1964, as amended;
16) Section 504 of the Rehabilitation Act of 1973. as amended;
17) Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990);
18) Title IX of the Education Amendments of 1972;
19) Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations,
20) 28 CFR Part 42, Subparts C,D,E, and G
21) Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
29
l6F2
Attachment C
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment
is requested, budget data on which the request is based must be submitted. Any advance payment
under this Agreement is subject to s. 216.181(16), Florida Statutes. The amount which may be
advanced shall not exceed the expected cash needs of the Recipient within the initial three months of
the Agreement.
[ ] ADVANCE REQUESTED
Advance payment of $ is requested. Balance of
payments will be made on a reimbursement basis. These funds
are needed to pay staff, award benefits to clients, duplicate forms
and purchase start-up supplies and equipment. We would not be
able to operate the program without this advance.
[X I NO ADVANCE REQUESTED
No advance payment is requested.
Payment will be solely on a
reimbursement basis. No additional
information is required.
ADVANCE REQUEST WORKSHEET
If you are requesting an advance, complete the following worksheet
(A) (8) (C) (D)
FFY FFY FFY Total
DESCRIPTION 2005.2006 2006.2007 2007.2008
1 INITIAL CONTRACT AllOCATION
2 FIRST THREE MONTHS CONTRACT
EXPENDITURES'
3 AVERAGE PERCENT EXPENDED IN FIRST
THREE MONTHS
(Divide line 2 by line 1.)
,
First three months expenditures need only be provided for the years In which you requested an advance. If
you do not have this information, call your consultant and he or she will assist you.
MAXIMUM ADVANCE AllOWED CAlUlATION:
X $
Cell D3 DEM Award
(Do not include any match)
=
MAXIMUM
ADVANCE
REQUEST FOR WAIVER OF CALCULATED MAXIMUM
[ ] Recipient has no previous DCAlDEM contract history. Complete Estimated Expenses chart and
Explanation of Circumstances below.
] Recipient has exceptional circumstances that require an advance greater than the Maximum
Advance calculated above.
30
16F2
Complete Estimated Expenses chart and Explanation of Circumstances below. Attach additional
pages if needed.
ESTIMATED EXPENSES
BUDGET CATEGORY 2008.2009 Anticipated Expenditures for First Three Months of
Contract
ADMINISTRATIVE COSTS
- (Include SecondarY Administration.l
PROGRAM EXPENSES
TOTAL EXPENSES
ExDlanation of Circumstances:
31
16F2
Attachment 0
Warranties and Representations
Financial Manaoement
Recipient's financial management system shall provide for the following:
(1) Accurate. current and complete disclosure of the financial results of this project or program
(2) Records that identify the source and use of funds for all activities. These records shall
contain information pertaining to grant awards, authorizations, obligations, unobligated
balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient
shall safeguard all assets and assure that they are used solely for autllorized purposes.
(4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever
appropriate, financial information sllould be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the
provisions of the applicable cost principles and the terms and conditions of this Agreement.
(6) Cost accounting records that are supported by backup documentation.
Comoetition.
All procurement transactions shall be conducted in a manner to provide open and free competition. The
Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors tllat
may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor
performance and eliminate unfair competitive advantage. contractors that develop or draft specifications,
requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded
from competing for such procurements. Awards shall be made to the bidder or offer or whose bid or offer
is responsive to tile solicitation and is most advantageous to the Recipient, considering the price, quality
and other factors. Solicitations shall clearly set forth all requirements tllat the bidder or offer or must fulfill
in order for tile bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected
wilen it is in the Recipient's interest to do so.
Codes of conduct.
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
conflict of interest would be involved. Sucll a conflict would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for
an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anytlling of monetary value from contractors, or parties to subcontracts. The standards of
conduct shall provide for disciplinary actions to be applied for violations of such standards by officers,
employees, or agents of the Recipient.
32
16F2
Business Hours
The Recipient shall Ilave its offices open for business, with the entrance door open to the public, and at
least one employee on site, from _8:00 a.m. - 5:00 p.m.
Licensino and Permittino
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all of the particular work for which they are hired by the Recipient.
33
16F2
Attachment E
Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion
Subcontractor Covered Transactions
(1) The prospective contractor of the Recipient, , certifies. by
submission of this document, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the Recipient's contractor is unable to certify to the above statement, the prospective
contractor sllall attach an explanation to this form.
SUBCONTRACTOR:
By:
Signature
Recipient's Name
Name and Title
Division Contract Number
Street Address
City, State, Zip
Date
34
16F2
Attachment F
Statement of Assurances
The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies,
guidelines and requirements, including OMS Circulars No. A-21 , A-11 0, A-122, A-128, A-87; E.O. 12372
and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66,
Common rule, tllat govern tile application, acceptance and use of Federal funds for this federally-assisted
project. Also the Applicant assures and certifies that:
1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons
displaced as a resuit of Federal and federally-assisted programs.
2. It will comply with provisions of Federal law which limit certain political activities of employees of a
State or local unit of government whose principal employment is in connection with an activity financed in
whole or in part by Federal grants. (5 USC 1501, et seq.)
3. It will comply witll the minimum wage and maximum hours provisions of the Federal Fair Labor
Standards Act.
4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others. particularly
those with whom they have family, business, or other ties.
5. It will give tile sponsoring agency or the Comptroller General, through any authorized representative,
access to and the right to examine all records. books, papers, or documents related to the grant.
6. It will comply with all requirements imposed by tile Federal sponsoring agency concerning special
requirements of law, program requirements, and other administrative requirements.
7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the
accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of
Violating Facilities and that it will notify tile Federal grantor agency of the receipt of any communication
from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is
under consideration for listing by the EPA.
8. It will comply witll tile flood insurance purchase requirements of Section 1 02(a) of the Flood Disaster
Protection Act of 1973, Public Law 93-234,87 Stat. 975, approved December 31.1976, Section 102(a)
requires, on and after March 2, 1975. the purcllase of flood insurance in communities where sucll
insurance is available as a condition for the receipt of any Federal financial assistance for construction or
acquisition purposes for use in any area that Ilas been identified by the Secretary of the Department of
Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial
assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster
assistance loan or grant, or any other form of direct or indirect Federal assistance.
9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and
Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic
Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or
eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36
CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such
35
16F2
properties and by (b) complying with all requirements established by the Federal grantor agency to avoid
or mitigate adverse effects upon such properties.
10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable
provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the
Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the
provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for
Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations.
11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements
including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part
22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence
Systems Operating Policies; Part 30, Intergovernmental Reviewof Department of Justice Programs and
Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61,
Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management
and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance
Programs.
12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the
Omnibus Crime Control and Safe Streets Act of 1968, as amended. 42 USC 3789(d), or Victims of Crime
Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the
Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA)
(1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of
Justice Non-Discrimination Regulations, 28 CFR Part 42. Subparts C,D,E, and G; and Department of
Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
13. In the event a Federal or State court or Federal or State administrative agency makes a finding of
discrimination after a due process hearing on the Grounds of race. color, religion, national origin, sex, or
disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil
Rights, Office of Justice Programs.
14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the
application is for $500.000 or more.
15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19,
1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of
the Coastal Barrier Resources System.
16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-
Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at
28 CFR Part 67 Sections 67.615 and 67.620.
36
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 F 4-
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documem" should be hand delivered to the Board Ollicc. The completed routing slip and original
documents are to be forwarded to the Board Ortiee only after the Board has lakl~n action on the i[cm.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate tor additional signatures, dates, and/or infonnation needed. If the document is already complete with the
fth Ch " d I h h \ # \ h h #4 \ h h kl d ~ d S F'\ I #
exceptIOn 0 e amnan S SIgnature, raw a me t rougn routlllg lUes t rougn , comPlete tee ec. 1St, an orwar to ue 1 son ( me 5)
Route to Addressee(s) Office Initials Date
(List in routine: order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one ofthc addressees above. including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCe Chairman's signature an:: 10 be delivcn::d 10 the Bee office only after the Bee has acted to approve the
item.)
Name of Primary Staff John Yonkosky Phone Number 252-8088
Contact
Agenda Date Item was 12/2/08 Agenda Item Number 16P-f
Approved by the BCC
Type of Document Resolution ()g/3~\S Number of Original I
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column. whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman. with the exception of most letters. must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State OtTicials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties except the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the Bee office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the Bee on 12/2/08 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
Yes
(Initial)
Yes
N/ A (Not
A licable)
2.
3.
4.
5.
6.
N/A
Yes
Yes
Yes
Yes
I: Formsl County Forms! Bce Fonns/ Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05
Date:
To:
From:
Re:
MEMORANDUM
December 5, 2008
John Yonkosky, Budget Director
Management & Budget Office
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Resolutions 2008-348
Attached, for your records you will find one copy of the Resolution, as
referenced above, Agenda Item #16F4 adopted by the Board of County
Commissioners on Tuesday, December 2, 2008.
If you should have any questions, please call 252-841 1.
Thank you.
Attachment
16F4
RESOLlTION NO. 08- 348
16
!'~"
/"
'';~..
A RESOLl!TION PlIRSUANT TO SECTION 129.06(2). FLORIDA STATUTES,
TO AMEND THE BLDGET FOR THE 2008-09 FISCAL YEAR.
WHEREAS, Section 129.06(2), Florida Statutes, provides that the Board of County Commissioners (hereinafter also referred to as "Board") at any
time within a fiscal year may amend a budget for that year, and provides the procedures therefore; and
WHEREAS, the Board ofCoumy Commissioners of Collier County, Florida, has received copies of budget amendments which provide fix hut are not
limited to: revenue from grants, donations or contributions, or insurance proceeds J()f a designated purpose; and
WHEREAS, the Board ha<; detcnnined that it is appropriate to amend the Budget for Fiscal Year 2008.09 by resolution pursuant to Section 129.06.
Florida Statutes.
NOW, THEREFORE, BE IT RESOLVED HV THE HOARD OF COUNTY COMMISSIONERS OE COLULR COUNTY, FLORIDA, that the budget
amendments to the FY 2008-09 Budget described below are approved and hereby adopted and the FY 2008-09 Budget is so amended.
FUND
BUDGET
AMENDMENT
NUMBER
INCREASE
(DECREASE)
RECEIPT
INCREASE
(DECREASF)
EXPENDITURE
INCREASE
(DECREASE)
RESERVES
EXPLANATION FOR
APPROPRIATION
121 09-059(111l8/08-16DIO)
$96.000
$96,000
Recognize funds from Challenge Grant for homeless assistance.
BE [T FURTHER RESOLVED that the Clerk is hereby ordered and directed to spread this Resolution in full among the minutes of this meeting for permanent
record in his office.
This Resgl\ll~aAopted this 2nd day of [)ecemher, 2008, after motion, second and majority vote.
.~ . . ~
,
ATTEST:. .~-~(>
DWIGItT E, ifJ.l'Oqi., Clci'k;,.' ,;.
~~!r~~~ ,
, .) I ita'ture on I .
Appr~e.d as to form . bga sufficiency:
TOMH
je
~-,--- ..-..,..--~_. "'--....~""'..i
ilom)l ,-Uae-i
;~~t~lda I ~I :AId?
~~~~
-D:-:pl!t';i Cle:k -
-1-
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 G 3
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board OtTtce. The completed routing slip and original
documents arc to be forwarded to the Board O/lice nol)' after the Board ha<; taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate tor additional signatures, dates, and/or information needed. If the document is already complete with the
execntion of the Chairman '5 signature, draw a line throu"h routing lines # 1 through #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
l.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
(The primary contact is the holder of the original document pending BCe approvaL Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needt,;d in the event one of the addressees above, including Sue Filson, nced to contact statT for additional or missing
information. All original documents needing the Bce Chairman's signature are to he delivered to the BCe office only atter the BCC has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
Approved by the BCC
Type of Document
Attached
PRIMARY CONTACT INFORMATION
&AJI'i /.-f""..f.....)
I--a./,,/J.,"j'
Phone Number
Agenda Item Number
r:, C
C~(<- ""'.............1
i3nk"f bJd
Number of Original
Documents Attached
t.t S..../
1.
~
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Ottice of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney.s Ottice and signature pages trom
contracts, agreements, etc. that have been fully executed by all parties except the Bee
Chairman and Clerk to the Board and ossibl State Officials.)
All handWTitten strike-through and revisions have been initialed by the County Attorney's
Ottice and all other parties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are re uired.
In most cases (some- c9.ntr:,!~arcan exception), the original document and this routing slip
should be provide3 to Sue Filson in'the BeC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be a ar of your deadlines!
The document was approved by the BCC un /2 0' (enter date) and all changes
made during the meeting have been incorporated In the attached document. The
Count Attoroe 's Office has reviewed the chao es, if a licable.
2.
3.
4.
5.
6.
':U.l :, 57'! :U J rd-.7 0
/6 r; '3
..1 .f c..ct.
Yes
(Initial)
N/A (Not
A plicable)
1::5"'/
BS'1
-t?~i'
'8 <; 1'1
:gs-0
Rs~
I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
l6G 3
"
MEMORANDUM
Date:
February 11, 2009
To:
Bradley Muckel, Operations Mgr.
Immokalee CRA
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
CRA Resolution 2008-349
Attached please find one (I) copy of the document referenced above, (Agenda
Items #16G3 (BCC), which was approved by the Board of County
Commissioners on Tuesday, December 2, 2008.
The Minutes and Records Department has retained an original documents for
the Official Record of the Board of County Commissioners.
If you have any questions, please call me at 252-7240.
Thank you.
Enclosure
16G 3
CRA RESOLUTION NO 08 -349
A RESOLUTION OF THE COLLIER COUNTY COMMUNITY REDEVELOPMENT
AGENCY RELATING TO THE IMMOKALEE COMMUNITY REDEVELOPMENT
AGENCY COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM PROVIDING
FOR AN APPLICATION WITH ATTACHMENTS.
WHEREAS, on July 30, 2002, the Board of County Commissioners of Collier
County, Florida (BCC) adopted Ordinance No. 2002-38, the "Collier County
Redevelopment Grant Program Ordinance" creating a Site Improvement Grant and
Impact Fee Assistance Grant for the Bayshore/Gateway Triangle Redevelopment Area;
and
WHEREAS, on July 22, 2008 the BCC amended Ordinance No. 2002-38 in order
to create a Commercial Fayade Improvement Grant Program within the Immokalee
Community Redevelopment Area (CRA) using a portion of the funds in the
Redevelopment Trust Fund; and
WHEREAS, the Immokalee CRA desires to include the following documentation
as part of its Commercial Fayade Improvement Program:
1. Fayade Grant Application (attached hereto as Exhibit B);
2. Fayade Grant Recipient Agreement (attached hereto as Exhibit C);
3. Lessee Agreement (attached hereto as Exhibit D);
4. Applicant Commitment of Resources Form (attached hereto as Exhibit E);
5. Project Summary & Evaluation Form (attached hereto as Exhibit F);
6. Payment Request Form (attached hereto as Exhibit G).
NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY
COMMUNITY REDEVELOPMENT AGENCY that:
SECTION 1 Adoption.
The Commercial Fayade Improvement Program Recipient Documents attached hereto
as Exhibits B, C, 0, E, F, and G are hereby established, created and adopted in
accordance with the provisions of Collier County Ordinance No. 2008-40, "Fayade
Grant Program for the Immokalee Community Redevelopment Area" attached hereto as
Exhibit A.
SECTION 2 Administration.
After the BCC allocates grant funding for the fiscal year, the CRA Board shall approve
an award of grant to applicant for the grant, and approve payment upon completion of
work by the applicant. The CRA delegates the administration of the grant program to the
Executive Director and Immokalee Local Redevelopment Advisory Board to include but
not be limited to: the application process, review and recommendation of recipients,
monitoring grant progress, and recommending grant payment upon completion of work.
- I -
l6G 3
The recipients of any grant funds shall be required to execute the attached Grant
Recipient Agreement (attached hereto as Exhibit C).
SECTION 3 Severability.
If any section or portion of this Resolution proves to be invalid or unlawful or
unconstitutional it shall not be held to invalidate or impair the validity force or effect on
any other section or part of this Resolution.
SECTION 5 Effective Date.
This Resolution shall become effective immediately upon passage and adoption.
This Resolution adopted after motion second and majority vote this :J r,.<( day
of -Dt'",,<,,.,.~-e~ 2~.
ATTEST:.
DWIGHT E BROCK
~ -... 1\11.
BY::/ ~.:
,/ . . .
'(Deputy Clerk..'
_*' ... c;I*'
~.IJ.
/
COMMUNITY REDEVELOPMENT
AGENCY OF COLLIER COUNTY,
FLORIDA
~ 1_
BY: ' ~~..,~ __~A~
D NA FIALA, CHAIRMAN
Approved as to Form and Legal
Sufficiency
12la~A';' A1"J. )()hJdJ"f -~
Marj ie M. Student-Stirling
Assistant County Attorney
- 2 -
Ibli }
Agenda Item No. 16G3
December 2, 2008
Page 5 of 21
I M..."."..M. '.. .....~.O...... ",~,,;,'''l.', ~..:~. C"~"" .'
...>......'" "" .:' ,'" ........ ............... ............" ..........,......:... ..... :.".........<::..
" : ..0F: ..; : ::<if,. >." :.:,':' >." .......... ': :', ,......:. :'.' "" ", ;.':', :,. '.
... .. .... ...... ..: .... :.'m'... ..
Community Redevelopment Agency
j The place to Call Home!
EXHIBIT A
Commercial Facade Improvement
Program
Policies and Procedures
March 2008
310 Alachua Street
Immokalee, FL 34142
16G 3
Agenda Item No. 16G3
December 2, 2008
Page 6 of 21
Section 1 - Prol!ram Purpose and Benefits
The lmmokalee Community Redevelopment Agency's Commercial Facade Improvement
Program allows for the use of Community Redevelopment Agency (CRA) grant funds, in
conjunction with private investments, for general improvements to the exterior of commercial
structures located within the boundaries of the Immokalee Urban Designated Area.
The intent of the Commercial Facade improvement Program is to increase commercial
occupancy rates and property values within the CRA while revitalizing the overall appearance of
the lmmokalee Urban Designated Area. To accomplish this objective, the Program assists
commercial property owners and tenants to restore or renovate the exteriors of their structures,
thereby improving the area's physical charactcristics and enhancing the visual quality and
attractiveness of the environment, which will lead to increased investment, occupancy and
property values.
Eligible applicants can receive grant funding up to $20,000 using a one-half (Y2)-to-one match
with equal applicant funding for facade improvements to commercial structures. To illustrate, if
a grant amount of $20,000 is requested, the applicant must provide funding in an amount of at
least $10,000 toward redevelopment of the project as wcll.
All facade improvements must be consistent with the Immokalee Community Redevelopment
Plan, immokalee Area Master Plan, and the Land Development Code.
CRA staff will review applications for completeness and detennine if funding is to be
recommended. Grant funds will be distributed only upon completion of improvements and
submittal of all receipts, invoices and required documentation to CRA staff. Applicants must be
willing to maintain the renovations and improvements for at least five years. The Grantee shall
not be liable to the CRA for repayment of the grant funds provided the Grantee complies with all
conditions set forth in the Grant Agreement. Should the Grantee transfer, sell, divest itself of its
interest in the subject property, or fail to maintain the renovations and improvements during the
five-year period following receipt of the grant funds, the CRA shall be entitled to reimbursement
of the grant funds as follows:
Elapsed Time Amount Due eRA
o to one year after grant funds received 100%
One year after grant funds received 80%
Two years after grant funds received 60%
Three ycars after grant funds received 40%
F our years after grant funds received 20%
Five years after grant funds received 0%
Grant funding is awarded on a first-come, first-served basis. Based on the amount of funding
requested, applications must be approved by the appropriate entity (CRA, CRA Executive
Director or designee) before work can begin on the improvements. Grants will not be awarded
for work previously completed or that is in the process of being completed.
16G 3
Agenda Item No. 16G3
December 2, 2008
Page 7 of 21
Section 2 -Community Redevelooment Area Boundaries
The Immokalee Urban Designated Area Boundaries are reflected on the map attached.
Section 3 - Elil!ible Exoenses
I. Facade improvements, such as storefronts, display windows, painting (in conjunction
with other improvements), and exterior architectural or security lighting.
2. Removal of elements that cover original architectural design and details.
3. Signage.
4. Addition and/or replacement of awnings/doors/windows.
5. Overall replacement of architectural elements that have structural deficiencies.
6. Painting, as part of a more comprehcnsivc improvement project.
7. New stucco and stucco bands.
8. Electrical work directly related to the exterior of the building or the installation of
approved signage.
9. Professional design and engincering services related to structural renovation, new
construction and signage.
10. Landscaping and irrigation (subject to approval of a Landscape Plan).
II. Demolition required to facilitatc approved facade improvements.
12. Vinyl soffit and fascia, as part of more extensive project improvements.
13. Roof improvements.
14. Improvements that enhance access, such as handicapped ramps and sidewalks.
15. Decorative fencing.
16. Improvements to parking facilities.
17. Storm water enhancements.
18. Statues and fountains.
Section 4 - Inelil!ible Exoenses
I. Physical or visual removal of architecturally important features.
2. Installation of aluminum or vinyl siding.
3. Painting, when not associated with other improvements.
4. Permitting fees.
5. Any labor performed by a non-licensed contractor.
6. Improvements constructed prior to execution of final agreement with the CRA.
7. Routine maintenance activities that are part of normal property ownership.
8. Repairs performed to correct Code violations.
9. Improvements to a property that has any judgment liens, is not current on all mortgage
and tax obligations, and has any Code violations.
10. New construction.
II. Renovations to properties that are exclusively residential.
12. Renovations to properties that have non-conforming uses.
13. Interior renovations.
Section 5 - Prol!ram Criteria
2
loG 3
Agenda Item No. 16G3
December 2, 2008
Page 8 of 21
] . The structure to be improved must be within the boundaries of the lmmokalee Urban
Designated Area.
2. Applicants must demonstrate that all necessary financing required to complete the project
has been secured and that the applicant is providing matching funds that are at least one-
half(Yz) of the amount of the grant amount being requested.
3. Applicants must have received the requisite CRA, CRA Executive Director or designee
approval prior to commencement of improvements.
4. All necessary permits and approvals must be obtained from Collier County before work
is commenced. All work is to be performed to the satisfaction of the Collier County
Building Department officials, and all site and landscaping work is to be performed in
compliance with the Land Development Code and all applicable County ordinances and
regulations.
5. A licensed contractor must perform the work; proof of licensure and insurance is
required.
6. Applicants must agree to maintain the improvements for at least five years. The CRA,
CRA Executive Director or designee, as applicable, must approve any changes proposed
to the improvements.
7. The property must be free from any judgment liens, and all mortgage and tax obligations
must be current.
8. There may be no more than one approval for project funding per fiscal year. A "project"
is defined as a single or set of enhancement/renovation activities for an eligible property.
9. The total amount of grant funds available for anyone property under this Program is
$20,000. Any subsequent applications for the same property in future ycars will be
treated cumulatively for purposes of determining funding eligibility.
Section 6 - Evaluation Criteria
Grant funds are limited and will be awarded on a first-come, first-served basis. Because one of
the primary objectives of the Commercial Facade Improvement Program is to eliminate blighted
conditions and improve the visual impact of the redevelopment area, competed applications will
be evaluated using the following criteria:
1. Consistency with the goals, objectives, policies and principles of the Immokalee
Community Redevelopment Plan and the Immokalee Area Master Plan.
2. Adjacency of the project to a recent or proposed redevelopment project.
3. Likelihood that the project will result in the occupancy of a prcsently vacant building.
4. The amount of funds that the applicant pledged to match leveraged against CRA funds.
5. The extent to which the project encourages a secure and convenient environment for
patrons and employees.
6. Receipt of previous facade improvement grant awards (first-time applicants will have
priority over repeat applicants).
Section 7 - Aoolication Procedures
3
16G 3
Agenda Item No. 16G3
December 2, 2008
Page 9 of 21
A property owner or tenant that is interested in participating in the Commercial Facade
Improvement Program must submit a completed and signed application, along with supporting
documentation, to:
The lmmokalee Community Redevelopment Agency
310 Alachua Street
lmmokalee, FL 34142
In addition to other supporting documents, applicants are required to submit quotes from two
licensed contractors with the application.
CRA staff will review applications for completencss and for compliance with Program criteria.
Applications that are incomplete may be returned for additional information. Projects that do not
comply with Program criteria will not be considered for funding.
A wards of funding will be based on the lowest qualified bid. The applicant may elect to choose a
contractor other than the one with lowest qualified bid but shall be responsible for all costs
exceeding the lowest qualified bid. Under all circumstances, the contractor performing the work
must be licensed, insured and have worker's compensation insurance.
It is recommended that applicants retain the services of a registered architect, or similarly
qualified design professional to prepare plans, drawings, renderings and construction
specifications for their projects. Fees for services provided by a registered architect or similarly
qualified design professional may be counted towards the applicant's Program match.
The CRA will not be responsible in any manner for the selection of a contractor. An applicant
should pursue all activities necessary to determine contractor qualifications, quality of
workmanship, and reputation. The applicant will bear full responsibility for reviewing the
competence and abilities of prospective contractors and secure proof of licensing and insurance
coverage.
Commercial Facade Improvement Program grant applications can be obtained from the
lmmokalee Community Redevelopment Agency, 310 Alachua Street, [mmokalee, FL 34142.
4
16G 3
Agenda Item No. 16G3
December 2, 2008
Page 10 of 21
Pre-Application Meeting
If desired, CRA staff will review the applicant's conceptual plans in an informal setting,
including discussion of the eligibility criteria, Program requirements, proposed project
scheduling, and consistency of the proposal with the intent of the Program. At this stage, staff
can offer assistance with the completion of the application form and provide limited technical
and architectural guidance on the project proposal. At the conclusion of the pre-application
meeting, staff will provide the applicant with a general determination as to whether the proposed
project is likely to qualify to receive Program funds and whether the applicant is sufficiently
prepared to move on to the application stage.
Required Submissions
Items required for submission include:
1. A completed and signed application form.
2. At least four 4" by 6" color photographs of the existing building exterior, showing all
sides of the building, with emphasis on the area to be improved.
3. Rcnderings or conceptual drawings of the project when completed.
4. Two bids from licensed contractors detailing the following:
a. Description of the materials to be used and the construction procedure: and.
b. Itemized cost estimate of the project.
5. A legal description of the property.
6. Proof of property ownership and, if a tenant, a copy of the lease.
7. If the property is leased, the property owner must also be a party to the grant application
and grant agreement.
8. Documentation from all lending institutions verifying all mortgage payments on the
property are current and that the lending institutions will provide updated information
upon request by the CRA, CRA Executive Director, or designee.
9. Documentation indicating that all property tax payments are current.
10. Proof of property insurance.
Application Approval
The CRA Executive Director or designee will approve or deny grant applications of $10,000 or
less. Projects in excess of $10,000 will be forwarded to the CRA Advisory Board and the CRA
Board with a recommendation from CRA stafT for funding approval or denial. All applicants will
receive written notification regarding approval or denial of their application. If an applicant's
proposal is approved by the CRA Executive Dircctor/designee or the CRA, as applicable, the
applicant will receive written notification of the approval, which will include a funding
agreement listing the amount of matching funds that are approved.
Documentation of Applicant's Required Match
The applicant will be required to document the type and source of the matching funds on the
application submitted to the CRA. Verification of the funding sources will be required before
final approval of the grant application.
At the discretion of the CRA Executive Director or designee, or the CRA, structural repairs
directly related to the building's facade that were completed within six months prior to the date
of the grant application MA Y be used as part or all of the applicant's required match.
5
16G 3
Agenda Item No. 16G3
December 2, 2008
Page110f21
Construction Start
After the grant agreement has been executed, the applicant may award the construction contract
and secure all necessary construction permits. The owner/tenant must issue a "Notice to
Proceed" to the contractor and apply for a building permit within 60 days of executing the grant
agreement. Construction must begin within 90 days of execution of the grant agreement and be
completed within 12 months of the execution of the grant agreement. Extensions may be granted
at the discretion of the CRA Executive Director or designee, contingent upon the applicant's
demonstrating just cause for such an extension.
Modifications to the approved final plans or changes to the construction documents, which
produce visible differences in the approved facade design, will require review and approval by
the CRA and/or CRA staff. Failure to receive such approval shall invalidate the grant agreement,
and the agreement will be deemed terminated. In the event the agreement is terminated, and if
any grant funds have been disbursed to the applicant by the CRA as provided below, the
disbursed funds shall become immediately due and payable to the CRA.
Disbursements
Generally, approved projects will receive reimburscment funding upon complction of the project
and submission of all required receipts, invoices and documcntation. For projects in excess of
$10,000 (grant and applicant match combined), where thc applicant cannot secure full funding
for the project, the Executive Director of the CRA may approve the partial payment of grant
funds once a project has reached agreed-upon milestones. In these cases, the applicant and the
CRA will reach an agreement before construction begins on the tcrms and conditions of such a
milestone and the amount of the partial payment. However. grant funds cannot be used to
reimburse the applicant for any work done on the building prior to the date of a fully executed
Grant Agreement between the applicant and the eRA.
Funds will be disbursed by a check payable to the applicant (1) upon certification of completion
by a County Building Official, or as agreed to with the CRA Executive Director; (2) CRA staff
verification that the work was completed as proposed in a satisfactory and professional manner;
and (3) submission of all receipts and rcquired documentation, including contractor invoicing,
and evidence of payment of funds for reimbursement and match, to CRA staff. Funds will not be
disbursed on projects that are not in accordance with the approved plans.
The lmmokalee CRA will make the final determination as to whether the project is complete.
Applicants must provide verification, satisfactory to the CRA, of all project costs, including
contractor invoicing, and evidence of payment of funds for reimbursement and match, before
grant funds can be disbursed.
Application Process Summary
I. Applicant submits a complete application to the CRA office.
2. CRA staff reviews application for completeness, accuracy and eligibility.
3. CRA staff presents recommendation to the CRA Executive Director and/or CRA, as
appropriate.
6
16G 3
Agenda Item No. 16G3
December 2, 2008
Page 12 of 21
4. Upon approval, the applicant will be notified in wntmg of the amount of the grant
awarded and the documentation that must be provided before funds are released.
Section 8 - Disclosures
The CRA expressly reserves the right to reject any or all applications or to request additional
information from any or all applicants. The CRA retains the right to amend the program
guidelines and application procedures without notice. The CRA also retains the right to display
and advertise properties that receive grant funding.
Section 9 - Contact Information
Questions on how to complete the application or on the viability of a proposed project should be
directed to CRA staff at 239.252.2310 or 2313.
7
SEPTEMBER 2006
IMMOKALEE, FLORIDA 0
"'
Mile.
COMMUNTY R~DEV[LOFM[NT >.RE,'
MMOKAL,,[L'RBAI'IBO:JNDARY
ENTERPRLS~ 78NF.41'IOl ~ ,.EnFRAI..EMP01/VFRMF"T 7CNF
RLRPlARE,~OFCR TIC.~L ECCNOMI COHCEq"
16G 3
Agenda Item No. 16G3
December 2, 2008
Page 13 of 21
INCENTIVE PROGRAM AREAS
IMMOKALEE. FLORIDA
16G 3
Agenda Item No. 16G3
December 2, 2008
Page 14 of 21
EXHIBIT B
IMMO~LEE C&A
Community Redevelopment Agency
iThe pl"ce to c"11 Home'
Immokalee eRA I Commercial FaG.ade Improvement Grant Application
Commercial Facade Grant Application (Detach and submit to eRA office.)
Applicant Information
Grantee Name
Grantee Address
Site Address
Daytime Phone
Alternate
Phone
E-Mail Address
Do you own or lease the property? I
I Occupational License No. I
(if applicable
Project Information
Describe the existing conditions of the site (attach additional sheets if necessary).
Outline the proposed improvements in detail (attach additional sheets if necessary).
IU:QIIRI"I> \ II \( II~""" IS ~RO~I \I'I'II( '"" I:
I) Olll' l'slJlII.llc (',H.'II 11'011I 1\\0 (01111.1(101 S tor c.H'1I pi Oll'll. I IlL'''' 1...()11I1.1I.-I\\I".l!..!.1il h... II,>lo.-d Illll1l \)1111111..
d,It,lb,j"\.'
2) HlISlllCSS ()\\ lIel'S; ('()P~ of Ol'l'upatiullallll'clISl',
eRA STAFF:
1) Attach two color photos of each project to be
performed.
2) Attach Property Appraiser ill.
Estimated cost of improvements:
Maximum grant award:
$
$
16G 3
Agenda Item No. 16G3
December 2, 2008
Page 15 0121
EXHIBIT C
COMMERCIAL FACADE IMPROVEMENT PROGRAM RECIPIENT AGREEMENT
THIS AGREEMENT ENTERED this _ day of
between the Collier County Community Redevelopment
(hereinafter referred to as "CRA") and
as "GRANTEE").
, _ by and
Agency (CRA) (lmmokalee)
(hereinafter referred to
WIT N E SSE T H:
WHEREAS, in Collier County Ordinance No. 2002-38, as amended July 22, 2008, by
Ordinance 2008-40, the Board of County Commissioners delegated authority to the CRA to
award and administer CRA programs and awards including contracts with business GRANTEES
within the boundaries of the Immokalee CRA for CRA grants; and
WHEREAS, the CRA Commercial Facade Improvement Program (hereinafter referred to
as the Fa.;ade Program) allows for the use of CRA funds, in conjunction with private
investments, for certain improvements to commercial structures located within the boundaries of
the Immokalee CRA; and
WHEREAS, the intent of the Facade Program is to increase commercial occupancy rates
and property values within the CRA while revitalizing the overall appearance of the Immokalee
Area; and
WHEREAS, GRANTEE has applied for a fa.;ade grant in the amount of
do liars;
and
WHEREAS, the CRA has determined that GRANTEE meets the eligibility requirements
and was approved for a Fa.;ade Program award in the amount of dollars on
("CRA Approval").
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
other valuable consideration, the parties agree as follows:
1. GRANTEE acknowledges to the CRA that GRANTEE has received a copy of the
Fa.;ade Program, that GRANTEE has read the Fa.;ade Program Policies and Procedures
document, and that GRANTEE has had ample opportunity to discuss the Fa.;ade Program with
GRANTEE'S counselor advisor. GRANTEE further acknowledges to the CRA that GRANTEE
understands and agrees to abide by all of the terms and conditions of the Fa.;ade Program.
GRANTEE agrees to the terms and conditions of the Fa.;ade Program attached hereto as Exhibit
A and incorporated herein by reference.
-1-
16G 3
Agenda Item No. 16G3
December 2, 2008
Page 16 of 21
2.
GRANTEE
IS the
record
owner of property described
as:
3. GRANTEE has agreed to make certain improvements to the property pursuant to
the Fayade Program application submitted to the CRA dated attached hereto as
Exhibit B and incorporated herein by reference.
4. CRA has approved an award to GRANTEE in the amount of $
administered pursuant to the tenns of this Agreement based on an estimated cost of $
to be
5. Unless prior disclosure is included in the grant application, no GRANTEE, or any
immediate relativc of GRANTEE, shall serve as a contractor or subcontractor for the
construction of the improvements and no GRANTEE or any immediate relative of GRANTEE,
shall receive compensation for labor for the construction of the improvements. An immediate
relative of GRANTEE shall include mother, father, brother, sister, aunt, uncle and cousin or
family member by marriage to include mother-in-law, fathcr-in-law, brothcr-in-Iaw and sister-in-
law. GRANTEE has verified that all contractors who have provided bids for the approved work
are actively licensed by Collicr County and GRANTEE agrees that all labor will be performed
only by the lowest bidding contractor.
6. GRANTEE agrces to obtain all necessary permits and submit any required plans
to the Collier County Community Development and Environmental Services Division. Upon
completion of the work, GRANTEE shall submit a closeout package to the CRA which will
include all applicable (electrical, structural, fire, plumbing, ctc.) final inspection veritication
from Collier County Building Inspection Division. The CRA, through its staft~ shall confirm that
the improvements were constructed pursuant to the tenns of this agreement approved by the
CRA and shall create a final report to include digital color photographs of the project before and
after completion.
7. Within forty-five (45) days after confirmation that the improvements were
constructed pursuant to the terms of the approved application, GRANTEE shall be issued a
check in the amount of the award. However, if GRANTEE fails to make the improvements
pursuant to the terms of this agreement, including construction start within 90 days of execution
of the grant agreement and completion within 12 months of the exccution ofthc grant agreement,
the award shall be deemed revoked and GRANTEE shall be entitled to no funding.
8.
of Florida.
This Agreement shall be governed and construed pursuant to the laws of the State
9. This Agreement, along with its incorporated attachments, contains the entire
agreement of the parties and their representatives and agents, and incorporates all prior
understandings, whether oral or written. No change, modification or amendment, or any
- 2-
16G 3
Agenda Item No. 16G3
December 2, 2008
Page 170121
representation, promise or condition, or any waiver, to this Agreement shall be binding unless in
writing and signed by a duly authorized officer of the party to be charged.
10. This Agreement is personal to GRANTEE, and may not be assigned or transferred
by GRANTEE or to GRANTEE'S respective heirs, personal representatives, successors or
assigns without the prior written consent of the C RA.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year
first written above.
GRANTEE(s):
(1)
Witness Signature
By:
Printed/Typed Name
Printed/Typed Name
(2)
Witness Signature
By:
PrintedfTyped Name
PrintedITyped ]\;ame
ATTEST:
DWIGHT E. BROCK, Clerk
COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY
By:
, Deputy Clerk
DONNA FIALA, Chairman
Approved as to form and
legal sufficiency:
Marjorie Student-Stirling
Assistant County Attorney
This Agreement is to be signed and witnessed AFTER eRA staff has found the application to be complete.
- 3-
166 3
EXHIBIT 0
Agenda Item No. 16G3
December 2, 2008
Page 18 of 21
IMMOKALEE CIl.A
Community Re4evdoplllent Agency
iThc: pbce to ul! Homel
Immokalee eRA I Commercial FaGade Improvement Grant Application
Lessor / Owner Authorization for Improvements
I, ' owner of the property located at
, understand that , who has a valid
lease for the above listed property, authorize said tenant to complete the improvements listed under
Section 2 of the completed Commercial Fayade Improvement Grant application and to request
reimbursement funds from the Collier County Community Redevelopment Agency.
Signature of Owner Date
Signature of Owner Date
(if jointly owned)
STATE OF:
COUNTY OF:
The foregoing Lessor / Owner Authorization Form was executed before me this day
of ,200_ by . owner of the property located at
who:
_ is personally known by me
OR
_ who has produced as proof of ident ity.
Affix notarial seal
Notary Public (Signature)
Print Name of Notary Public
Commission No:
My Commission expires:
16G 3
Agenda Item No. 16G3
December 2, 2008
Page 19 of 21
EXHIBIT E
IMMOKAJ..." CI<A
(OfnrnUllity Redevelopmentt\.jenc,/
iTh: Piau:: to Cdll Home!
Immokalee eRA I Commercial Fa\;ade Improvement Grant Application
Applicant Commitment of Resources
1/ we, , owner(s) / tenant(s) of the
commercial property located at , have the funding and all
other capability necessary to begin the site improvcments listed above and have the ability to
complete all improvements within one year of the approval of the improvement grant by the Collier
County Community Redevelopment Agency. I / we further affirm that payment for all work on
approved improvements will come from accounts in my / our name(s) or the name(s) of entities
registered in the State of Florida which I / we have incorporated or otherwise registered with the
state (verification is required). Payment for improvements by from persons or entities not a party to
this Grant Application is grounds for disqualification.
Signature of Tenant (if leased) Date
Signature of Tenant (ifleased) Date
(if jointly leased)
Signature of Owner Date
Signature of Owner Date
(if jointly owned)
EXHIBIT F
16G 3
Agenda Item No. 16G3
December 2, 2008
Page 20 of 21
lMMO~jU;: C@.A
Community Redevelopment A<jency
i The Pbce to Call Home!
Immokalee eRA I Commercial Facade Improvement Grant Project Summary & Evaluation
Grantee Project Summary & Evaluation (attach additional sheets as necessary)
Proiect Summary
Describe the improvements made.
List all vendors / contractors providing materials or services for this proiect with contact information.
Vendor I Service Provider Phone Number or Address or Website
Grantee Signature Date
Grantee Signature Date
CRA Staff: Color photos of completed project from site, visit must be attached to this report.
16G 3
EXHIBIT G
Agenda Item No. 16G3
December 2, 2008
Page 21 of 21
IMMO~UEE C~
Community Rdevelopment Agency
iThe Place to Call Home'
Immokalee eRA I Commercial FaGade Improvement Grant Project Payment Request
Payment Request
On , the Collier County Community Redevelopment
Agency approved funding in the amount of $ to cover a portion of the costs listed
below through the Commercial Fayade Improvement Grant program:
Improvement Cost
Total
I hereby eonfirm that all items listed above have been completed as outlined in the Commercial Fayade
Improvement Grant application submitted to the CRA and authorized by the CRA. Therefore, I am
requesting the approved funding in the total amount of $ as approved by the CRA.
Grantee Signature Date
The foregoing Payment Request Form was executed before me this day of
,200 ~ by ,
owner of the property located at , who:
~ is personally known by me
OR
~ who has produced as proof of identity.
Affix notarial seal
Notary Public (Signature)
Print Name of Notary Public
Commission No:
My Commission expires:
IMPORTANT NOTE: NO REIMBURSEMENT WILL BE PROVIDED WITHOUT ATTACHING THE
FOLLOWING: (I) VENDOR/CONTRACTOR INVOICE I RECEIPT Mill (2) COPY OF CANCELLED
CHECK OR CREDIT CARD VALIDATION TO GRANTEE'S ACCOUNT FOR EVERY
REIMBURSABLE EXPENSE.
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
December 2, 2008
l6Jl
I. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Minutes:
I) Airoort Authoritv:
Minutes of September 8, 2008.
2) Bavshore/Gatewav Triangle Local Redevelopment Advisorv Board:
Minutes of October 7,2008; October 7,2008 Goals & Objectives
Workshop for FY 2009.
3) Collier Countv Code Enforcement Board:
Minutes of September 25,2008.
4) Collier Countv Planning Commission:
Agenda of November 6, 2008 REVISED.
Minutes of September 18,2008.
5) Development Services Advisorv Committee:
Minutes of October 8, 2008.
6) Environmental Advisorv Council:
Agenda of September 3,2008; October I, 2008.
Minutes of September 3, 2008; October 1,2008.
7) Forest Lakes Roadwav and Drainage Advisorv Committee:
Agenda of October 8, 2008.
Minutes of June 11,2008 No quorum; September 10, 2008.
8) Historical! Archaeological Preservation Board:
Minutes of September 17, 2008.
9) Immokalee Beautification Advisorv Committee:
Agenda of September 24, 2008,
Minutes of September 24, 2008.
10) Land Acquisition Advisorv Committee:
Agenda of November 11,2008.
Minutes of October 13, 2008.
11) Pelican Bav Services Division Board:
A) Clam Bay Committee: Minutes of May 21,2008.
12) Public Vehicle Advisorv Committee:
Minutes of October 6, 2008.
13) Rural Lands Stewardship Area Review Committee:
Minutes of October 14, 2008; October 28,2008.
B. Other:
I) Code Enforcement Special Magistrate:
Minutes of October 17,2008.
1611
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COLLIER COUNTY AIRPORT AUTHORITY
MINUTES OF REGULAR MONDAY, SEPTEMBER 8, 2008 MEETING
~.,,,:;,v t,:h';1IJi;;Sioners
MEMBERS Steve Price Michael Klein Frank Secrest Lloyd Byerhof
PRESENT: Jim Murray Dave Gardner Byron Meade
STAFF: Theresa Cook Jim Kenney Debi Mueller Bob Tweedie
Debbie Brueggeman Heidi Ashton-Cicko
PUBLIC: Robert Breeder Marvin Courtright Tad Szymanski
I. MEETING CALLED TO ORDER
Meeting called to order at I :00 p.m. A quorum was present throughout the meeting.
III. APPROVAL OF AGENDA
Mr. Meade made a motion to approve the agenda. Mr. Gardner seconded, and the
Agenda was approved by a 7-0 vote.
IV. APPROVAL OF JUNE 9, 2008 MINUTES
Mr. Byerhofmade a motion to approve the August 11,2008 minutes. Mr. Murray
seconded, and the August II, 2008 minutes were approved by a 7-0 vote.
V. FINANCE REPORT - APRIL 2008
There were no questions regarding the July 2008 finance report. No action required.
VI. WORK ORDER/AGREEMENTS STATUS REPORT
The work order status report provides an update of the outstanding work orders and
contracts/agreements, including payments made to date. No action required.
VII. EXECUTIVE DIRECTOR'S REPORT
The Executive Director updated the Authority on the following items:
F ederal Aviation Administration (FAA) and Florida Department of Transportation
(FDOT). Annual meetings with the FAA and FDOT to discuss projects and funding will
be scheduled over the next several of weeks.
Marco Island Executive Airport. Discussions are underway with the City of Marco and
Fiddlers Creek to acquire fill material for the taxiway project, which will require
approximately 264,000 cubic yards of fill material. The closing on the acql!isitio~ ofthe
2.73 acres from WCllndustries has been delayed because ofWCI's Cha~~'fMmng. .-!
Following the acquisition of the 2.73 acres from WCI, the design of the is!ng/apronQ. -DJ.-u'6
expansion will need to be revised to incorporate the 2.73 acres. The design ~lb / 0 AI
taxiway is due by December 2008. Item #: If I I-'r
" "."s to
CCAA Minutes September 8, 2008
16 tUPage21
Immokalee Regional Airport. A Brownfield coalition is being formed in order to take
advantage of potential federal funding opportunities. The Authority has received a
"Letter of Conditions" for the $495,000 USDA grant for the 20,000 square foot
manufacturing facility, and USDA Rural Development has allocated funds for the
project. Collier Enterprises has temporarily put the Tradeport DR! on hold because of the
current state of the economy. The Site Development Plan (SDP) for the Apron expansion
should be through the County permitting process by the end of September. Collier
Enterprises is currently working on an appraisal of the 103 acres required for the near-
term extension of Runway 9/27.
Everglades Airpark. The Authority is waiting on a permit from the South Florida Water
Management District (SFWMD) for the south taxiway. Bids for the T-hangar building
are due on September 12, 2008.
VIII. OLD BUSINESS
Mr. Meade made a motion to approve Resolution No. 08-40 approving and authorizing
the Authority's Executive Director to execute URS Corporation Southern Work Order #
URS-FT-3889-08-06 in the amount of$51,866 for engineering services required for a
Site Development Plan (SDP) for a 20,000 square foot manufacturing facility at the
Immokalee Regional Airport, contingent upon award of the United States Department of
Agriculture Rural Business Enterprise Grant in the amount of$495,000. Mr. Murray
seconded, and Resolution No. 08..40 was approved unanimously.
IX. NEW BUSINESS
A. Airport Land Use Review. The Authority discussed land use and zoning regarding
land surrounding airports. Most of the land surrounding the Immokalee Regional
Airport is currently zoned agriculture or industrial. The Airport Authority's input
would be solicited for any requests by the land owners for zoning changes of any
property adjacent to the airport.
B. Executive Director's Performance Evaluation for fiscal year 2008. The Collier
County Airport Authority's Executive Director's Employment Agreement specifies
that Theresa Cook shall automatically receive the generally applicable Cost of Living
Adjustment (COLA) approved by the BCC each respective fiscal year. Mr. Gardner
made a motion that, remaining consistent with the County, a pay increase for the
Executive Director be equal to the COLA being granted County employees, and that
the Executive Director be granted a service award of one (1) additional week of
vacation for fiscal year 2009 that can be taken in time only and cannot be sold back to
the County. Mr. Meade seconded, and the Authority unanimously approved one (1)
additional week of vacation for the Executive Director in fiscal year 2009 that cannot
be sold back to the County.
C. Mr. Meade made a motion to reschedule the October meeting of the Collier County
Airport Authority from October 13, 2008 to October 6,2008. Mr. Secrest seconded,
and the motion to reschedule the October meeting for October 6, 2008 passed
unanimously.
Y- \,1dministration\AA Board\/'v/inutes\FY 20081()9-()8~()8 minules.docx
CCAA Minutes September 8, 2008
16 (1 A 1
Page 3
X. PUBLIC COMMENT
Mr. Courtright provided the Authority with a proposal for Hummingbird Flight Service
LLS, commercial aeronautical activities, at the !mmokalee Regional Airport.
XI. ADJOURNMENT
The meeting was adjourned "without objection."
Y:lAdministrationlAA Board\Minufes\09-08-08 minutes.docx
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THE BA YSHORE/ GATEWAY T RIANGLE REDEVELOPMEN1H~~N~~
r:1-'F~\/~AlMMUNITY REDEVELOPMENT AGE~ e 9 '1')./
R,,,,,, , "..", t~~169 BAYSHORE DRIVE, NAPLES, FL 34112 PHONE 239.643.1115 FAX 239.7759.9
NOVsAfsmg~E/GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT LOCAL ADVISORY BOARD
"",." .,...... p,"""'''''''''''' MINUTES OF THE OCTOBER 7,2008 MEETING
The meeting of the Bayshore/Gateway Triangle Community Redevelopment Advisory Board was called
to order by Chairman Mr. Lindsey Thomas at 6:05 p.m. at the CRA Office Meeting Room 4069 Bayshore
Drive.
1. Roll Call - Present: Advisory Board Members: Lindsey Thomas, Chuck Gunther, Steve Main,
Karen Beatty and Ron Fowle. Excused Absence: Maurice Gutierrez, Jill Barry, Bruce Preble and
Bill Neal.
CRA Staff Present - David Jackson, Executive Director, Jean Jourdan, Project Manager, Sue
Trone, Operations Analyst and Shirley Garcia, Operations Coordinator.
Countv Staff Present - Marjorie Student-Stirling, Assistant County Attorney.
2. Adoption of Aoenda - Chairman Thomas asked if there were any additions or corrections to the
published agenda. Hearing none he asked for a motion to approve the agenda: Motion Ms
Beatty. Second: Mr. Main. Approved 5-0.
3. Adoption of Minutes - Chairman Thomas asked for a motion to approve the September 8, 2008
Workshop and Regular Meeting minutes: Motion: Mr. Main. Second: Mr. Fowle. Approved 5-0.
4. Executive Director:
a. Presentation - Code Enforcement - Mr. Jackson introduced Patricia Petrulli, Mario Bono,
Joe Mucha and Thomas Keegan from Collier Code Enforcement to give and update on
CRA area activities. Mr. Bono expressed concern over vacant properties and vagrants.
As more properties become short sales and foreclosures, more houses will be
unattended, thus possible targets for vandalism. Mr. Mucha described his activities in
property maintenance and that two trailers and two houses were scheduled for
demolition. Mr. Keegan discussed the decrease in 911 calls to law enforcement and
boarding certificates issued to two sites in the CRA. Mr. Thomas thanked the group for
their presentation and the work they are doing for the community.
b. Proiect Updates:
I. Board Attendance - Mr. Jackson handed out a Board attendance log and
pointed out the CRA By Laws that states a Board member shall not miss 2/3rds
of any fiscal year meetings, or miss two consecutive meetings without and
acceptable excuse.
il. Residential Infill Update - Ms Jourdan gave an update on the infill RFP issued
last month. Kaye Homes was the only submission received and the committee
agreed to enter into discussions to arrive at an acceptable agreement to build
homes on CRA-owned lots. The final agreement will go through the Attorney
and then to the CRA Board. Me Jourdan also updated the Board on appraisals
received on lots of interest to the CRA. Property values continue to fall, and two
appraisals were $45,000 and $47,000 for similar sized lots in the same
neighborhood. The owner of two lots offered to the CRA will not sell them at the
appraised value. Ms Jourdan informed the Board that at their request, she will
advertise an RFP for builders to quotes construction prices on two CRA-
provided floor plans on a CRA-owned lot. When the RFP is answered, the
results will be brought to the CRA-AB. Misc. Caffes:
Date: l~-VJ--D~
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October 7, 2008 CRA~AB Minutes
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iii. CRA Grant Modification - Ms. Trone stated that the revised and new CRA grant
proposals were being reviewed by the County Attorney's Office. At this time no
significant changes had been recommended and she expected them to be
approved by the CRA Board in October.
iv. Strand Case Appeal - Mr. Jackson advised the Board that there was motion
filed to rehear the Florida Supreme Court's Strand case reversal. He will keep
the Board informed.
2
5. Old Business:
a. CRA Debt Capacitv Review. Mr. Jackson discussed a 2007 memorandum from Public
Financial Management (PFM) who is the County's financial consultant. In that memo, a
determination of the CRA's debt capacity was outlined. In the Board's packet was a
September 2008 memo from PFM stating that the since the Stand Case has been
reversed, and based on the economy and County AA rating, the CRA could resend and
RFP for a line of credit. The Board concurred that an updated analysis should be
conducted, and that if the CRA was going to RFP for additional debt capacity as in a line
of credit, it should be for the maximum amount.
6. New Business:
a. Site Improvement Grant Approval - 2737 Shoreline Drive. Ms Trone advised the Board
of a grant application to improve a single-family home with upgraded windows and
doors, storm shutters and expansion of an existing driveway. The CRA's portion of the
project would be $7,676 as a 33% matching grant. Motion to approve and forward to the
CRA Board: Mr. Main. Second: Mr. Fowle. Approved 5-0.
b. Security Fencing for CRA-Owned Property. Ms Garcia briefed the Board on recent clean
up activity on the CRA's 17 acre parcel. From time to time vagrants have to be evicted
and their mess cleaned up at a recurring cost to the CRA. Three quotes for install
fencing were obtained and Ms Garcia recommended approval of the lowest quote that
met specifications to Carter Fence Company in the amount of $3,425.00 for a 36 month
lease. Motion to approve: Mr. Main. Second: Ms Beatty. Approved 5-0.
c. Trianqle Pond Fundinq Discussion. Mr. Jackson advised the Board that two meetings
have occurred with County Stormwater Department and that he had an informal
discussion with Mr. Norm Feder, Transportation Division Administrator. An e-mail trail
was provided to the Board in their packets that showed and interest in completing the
Pond's Phase II if the CRA helped with funding. In Board discussion there was concern
on documenting a commitment from the County to repay the CRA in the next year.
Assistant County Attorney Student-Stirling advised the Board that there would most
likely be an inter-local agreement executed between the CRA and BCC. Motion to go
forward with the recommendation to the CRA Board to consider executing an inter-local
agreement with the BCC to loan the amount of TIF needed to cover the "to be
determined" shortfall in the BCC budget and repaid to the CRA form the FY2010 BCC
general fund: Ms Beatty. Second: Mr. Fowle. Approved 5-0.
d. Executive Director Annual Evaluation Letter. Mr. Thomas showed the Advisory Board a
letter he drafted to send to the CRA Board on the occasion of the Executive Director's
annual performance evaluation. Motion to approve the Advisory Board Chairman to send
the letter on behalf of the Advisory Board: Mr. Gunther. Second Mr. Main. Approved 5-0.
e. Set Goals III Workshop Date. Ms Beatty suggested the Board meet at 5PM on their
regular meeting date of November 4th to review the goals, objectives and strategies that
are to be revised by the staff. The board members agreed and asked staff to advertise
the workshop to the public.
October 7,2008 CRA-AS Minutes
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7. Citizen Comments. Mr. Thomas asked if there were any comments from the public in the
audience. Mr. Rick Sawiki about the Pond Phase II work and what it entailed. Ms Vicktoria
Nicklos asked to see the design of the residential infill houses.
8. Adiournment: The regular meeting was adjourned at 7:25 pm.
~ed by Lindsey Thomas, CRA-AS Chairman.
October 7, 2008 eRA-AB Minutes
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Tf,HE BAYSHOREjGATEWAY TRIANGLE REDEVELOPMENT~I~:NL~ ~J.I /~
'2 COMMUNITY REDEVELOPMENT AGE~MNng -1'lJ....1
i; 4069 BAYSHORE DRIVE SUITE 1 NAPLES, FL 34112 PHONE 239.643.1115 FAX 239etJyte56
:eA'tSHORE/GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AGENCY LO oR e
,BoARD MINUTES OF THE OCTOBER 7, 2008 GOALS & OBJECTIVES WORKSHOP FOR FY2009
THe 2009 Goals and Objectives Workshop II for the Bayshore/Gateway Triangle Community
Redevelopment Agency Advisory Board was called to order by Chairman Mr. Lindsey Thomas at 5: 15
p.m. at the CRA Office Meeting Room 4069 Bayshore Drive.
1. Roll Call: Present: Advisory Board Members: Lindsey Thomas, Chuck Gunther, Karen
Beatty, Steve Main and Ron Fowle. Bruce Preble. Excused Absence: Bruce Preble, Bill
Neal, Jill Barry and Maurice Gutierrez.
CRA Staff Present: David Jackson, Executive Director, Jean Jourdan, Project Manager,
Sue Trone, Operations Analyst and Shirley Garcia, Operations Coordinator.
2. CRA-AB Chairman Welcome and Remarks. Mr. Thomas welcomed the audience and
related how important it was for everyone to participate in this second goal setting
session.
3. Overview of CRA Accomplishments 2008. Ms Trone gave a powerpoint presentation
that summarized the work of the advisory board form the September workshop. The
Board's work was reformatted into a Goal-Objective-Strategy framework.
4. Board Discussion. The goals worksheet was discussed thoroughly. Board inputs were
for the staff to eliminate redundancy where it occurs and rework the objectives to
include measurable and timed criterion. Mr. Thomas asked that the board return in
November to review the revised documents.
5. Chairman's Closing Remarks. Mr. Thomas thanked everyone for their time, effort and
contribution to the goal session. He invited all to stay for the regular meeting to follow.
6. Adiournment: Mr. Thomas adjourned the workshop at 6:00 PM.
A
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ed by Lindsey Thomas, CRA-AB Chairman.
Mise Corres:
]ate
October 7,2008 eRA-AS Workshop Minutes
16 j""l A '% /
September~, 2008
RANSCRIPT OF THE MEETING OF THE
CODE ENFORCEMENT BOARD
Naples, Florida
September 25, 2008
RECEIVED
NOli 0 4 2008
Fiala
Halas
Henning
coyle
COletta
B02tr1J uf COlHltv Co,nmissloners
LET IT BE REMEMBERED, that the Collier County Code
Enforcement Board, in and for the County of Collier, having
conducted business herein, met on this date at 9:00 a.m. in REGULAR
SESSION at Community Development Services, 2800 North.
Horseshoe Drive, Naples, Florida, with the following members
present:
CHAIRMAN:
Gerald Lefebvre
Larry Dean
Kenneth Kelly
Edward Larsen
Richard Kraenbring
Lionel L'Esperance
George Ponte
Robert Kaufman
ALSO PRESENT:
Diane Flagg, Code Enforcement Director
Jean Rawson, Attorney for the CEB
Jennifer Waldron, Code Enforcement InvestigativeM~u~:visor
Date: l 'd---Dd.- -~
Page 1 ltem#: lloI (1)A~
Copies to
1611A ~
September 25, 20~
CHAIRMAN LEFEBVRE: I'd like to call the Code Enforcement
Board meeting to order.
The respondents may be limited to 20 minutes for case
presentation unless additional time is granted by the board.
Persons wishing to speak at any agenda -- -- on any agenda item
will receive up to five minutes, unless the time is adjusted by the
chairman.
All parties participating in the public hearing are asked to
observe Roberts Rules of Order and speak one at a time so that the
court reporter can record all statements being made.
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 being based.
Neither Collier County nor the Code Enforcement Board shall be
responsible for providing the record.
If there's anyone that would like to stipulate their case, there's a
room across the hall that's available for discussion with the code
enforcement.
And also, ifthere's anyone that would like to speak, please come
forward and talk to Jennifer right here on the left, so that we can
address you at the time of the case that you want to speak about.
Thank you.
And can I have the roll call.
MS. WALDRON: Mr. Ed Larsen?
MR. LARSEN: Present.
MS. WALDRON: Mr. George Ponte?
MR. PONTE: Here.
MS. WALDRON: Mr. Gerald Lefebvre?
MR. LEFEBVRE: Here.
MS. WALDRON: Mr. Kenneth Kelly?
,
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September 25, 2008
MR. KELL Y: Here.
MS. WALDRON: Mr. Larry Dean?
MR. DEAN: Here.
MS. WALDRON: Mr. Lionel L'Esperance?
MR. L'ESPERANCE: Here.
MS. WALDRON: Mr. Richard Kraenbring?
MR. KRAENBRING: Present.
MS. WALDRON: And Mr. Robert Kaufman?
MR. KAUFMAN: Here.
CHAIRMAN LEFEBVRE: And the agenda? Changes?
MS. WALDRON: For the record, Jen Waldron, Collier County
Code Enforcement Investigative Supervisor.
We do have some changes to the agenda this morning.
CHAIRMAN LEFEBVRE: If you can go slowly, because--
MS. WALDRON: I will.
The first change will be under No. 4.A. We are adding a request
for continuance, which was number C.6, BCC versus Andres Reyes
Trust.
The next will be an addition under 4.A. It will be 4.A.2, BCC
versus Caribe Investments. This is a motion for extension of time.
Under 4.B, stipulations, we would like to move C.1 0 as 4.B.1,
BCC versus Richard and Judith Sizer.
MR. KRAENBRING: That's going to be a stipulation?
MS. WALDRON: Stipulation, yes.
4.B.2 will be BCC versus Empire Developers Group, LLC,
which is C -- 4.C.2 currently. Will be 4.B.2.
4.B.3 will be BCC versus Roberto Reyes, which is currently
4.C.9.
That's it.
CHAIRMAN LEFEBVRE: Can I have a motion to approve the
agenda?
MR. LARSEN: So moved.
Page 4
16 I I se~emb225, 2008
CHAIRMAN LEFEBVRE: And do I hear a second?
MR. DEAN: Second.
MR. PONTE: Second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
MR. KRAENBRING: Raise your hand when you second.
CHAIRMAN LEFEBVRE: Approval of the minutes for August
22nd, 2008. May I have a motion?
MR. LARSEN: So moved.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. PONTE: I'll second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: And we'll move on to --
MR. KELLY: One abstention.
CHAIRMAN LEFEBVRE: We'll move on to the public
hearings, motions. And the first one will be BCC versus Richard and
Lisa Kames.
MS. STUDENT-STIRLING: For the record, Marjorie
Student-Stirling, Assistant County Attorney.
I understand from staff that this letter that went out for the notice
Page 5
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-September~, 2008
apparently was not delivered.
The gentleman was informed bye-mail, but he did not show up.
Technically it's a technicality, but we think we should re-notice him
by certified mail so, you know, we have absolutely good notice and
there's no technicalities.
CHAIRMAN LEFEBVRE: Any discussion, questions?
MR. KRAENBRING: I make a motion that we approve the
rehearing.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. L'ESPERANCE: Second the motion.
CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
MS. WALDRON: Can I make a suggestion? I'm not sure that
you want to approve the rehearing or just continue the motion for
rehearing.
MR. LARSEN: What was the application?
MS. WALDRON: It was a motion for rehearing.
You just want to continue it till next month?
MS. RAWSON: I don't think you want to grant the --
MS. WALDRON: Right.
MS. RAWSON: -- rehearing. She's right.
MS. WALDRON: You don't want to grant the rehearing, which I
think is what you just did.
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SePtember~, 2008
MR. KRAENBRING: So I'll remove that and we'll go with the
county's recommendation to just continue it.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. PONTE: I'll second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
MR. KRAENBRING: Thank you.
CHAIRMAN LEFEBVRE: And the next one would be Andres;
is that correct?
MS. WALDRON: Sure, you can do that one next.
MR. LARSEN: It's BCC versus Reyes Trust Andres. It's under
C.6.
CHAIRMAN LEFEBVRE: Motion to continue, correct?
MS. STUDENT-STIRLING: Yes. Again, Mr. Chairman,
members ofthe board, Marjorie Student-Stirling, again, Assistant
County Attorney.
This property has recently changed hands, so it's being continued
so we can properly notifY the current property owner.
CHAIRMAN LEFEBVRE: Can you please state your name and
MR. REYES: My name is Andres Reyes.
CHAIRMAN LEFEBVRE: And you were the previous owner; is
that correct?
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September 25, 2008
MR. REYES: Yes, sir.
(Speaker was duly sworn.)
CHAIRMAN LEFEBVRE: And is that correct, you sold it a
couple days ago, or --
MR. REYES: I never buy this property. I'm not a previous
owner in this property.
CHAIRMAN LEFEBVRE: Okay.
MS. STUDENT-STIRLING: For the record, I'd rather not get
into the merits of the matter here. Suffice it to say, two days ago a
deed was recorded from this gentleman to a subsequent purchaser, so
we knew to notify them. And we should not be getting into the merits
without the current owner present --
CHAIRMAN LEFEBVRE: Okay, very good.
MS. STUDENT-STIRLING: -- and properly noticed.
CHAIRMAN LEFEBVRE: Okay. Do I hear a motion to
continue to --
MR. KRAENBRING: Make a motion to continue.
MS. WALDRON: We would like to continue till November.
CHAIRMAN LEFEBVRE: Till November.
MS. WALDRON: Uh-huh.
CHAIRMAN LEFEBVRE: Okay, so two meetings from now.
Do I hear a motion to continue until November?
MR. KRAENBRING: Make a motion to continue till November.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. DEAN: I'll second the motion.
CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
Page 8
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~ep;e~bet15, 2008
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
Okay, the next one will be for a motion for extension of time.
BCC versus Pry of Naples, LLC.
Maybe they're in the other room.
MR. KRAENBRING: Do we have a representative from the
county?
MS. WALDRON: Yeah, he's coming.
CHAIRMAN LEFEBVRE: Yeah, Kitchell Snow's coming.
Trying to be two places at once?
MR. SNOW: Yes, sir.
(Speakers were duly sworn.)
MR. COOK: My name is William R. Cook, Jr. I'm representing
the Hess Corporation today.
And we're here today to ask for a time extension. We -- there are
several signs on the property that need to be permitted. We have the
J.D. sign permitted, but two wall signs had to be permitted. And I was
only aware of the one being permitted -- needing a permit for it.
So I'd like to request a 60-day extension to get those other ones
permitted.
MR. LARSEN: What's the county's position?
MR. SNOW: For the record, Supervisor Kitchell Snow.
I have been in contact with the respondents. They have been
diligent on what they're trying to do. We believe the -- along with the
board's approval with the time is fine. Sixty days would be fine, as
long as the board approves that.
CHAIRMAN LEFEBVRE: Do I hear any discussion?
MR. PONTE: I have a question.
We've already given 60 days before, and now we're going
another 60 days. That's 120 days. What's so complicated about the
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1 6 J S~tem~er 2~ 2008
sign?
MR. SNOW: Sir, a lot of times they're going to have to get a
sign company, which he's doing, or maybe change the sign, change
copy on the sign, figure out where they can put the sign. They may
even have to change the sign because it may not be allowed to be there
specifically.
So that's why we need to do -- this is in conjunction with the
original. They've done the pole sign but this is a wall sign. They had
two. They can only have one. They've got to change it and figure out
how they want to do that, which requires engineered drawings and
other problems. So they're starting the process all over again. 1 don't
know how far -- 1 believe they're pretty far along.
MR. COOK: Yes, sir, we --1 have the drawings for one of the
signs, but 1 was unaware that the other sign of the building had to be
changed.
And actually 1 submitted the sign package in on the 5th of
September, but was told that the second sign had to be permitted as
well, so I'm waiting for those drawings to be done.
MR. PONTE: Thank you.
CHAIRMAN LEFEBVRE: Any further questions of the board?
MR. KAUFMAN: Has the fine been paid yet?
MR. SNOW: Operational costs is what you're talking about?
MR. KAUFMAN: Yes. That was due in 30 days, according to--
MR. COOK: That was an $89.43 one? Yes, 1 paid that, sir.
CHAIRMAN LEFEBVRE: Do I hear a motion?
MR. LARSEN: 1 move to approve the extension of time.
MR. KRAENBRING: I'll second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
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September1'S,2008
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
MR. SNOW: We thank the board.
CHAIRMAN LEFEBVRE: Next case will be Caribe
Investments of Naples.
And is the respondent present?
(No response.)
(Speaker was duly sworn.)
MS. FLAGG: Mr. Chair, I will offer that we did receive a phone
call that some folks showed up at the BCC chambers, so it may be that
they're on their way here. I don't know about them in particular.
CHAIRMAN LEFEBVRE: Do we want to push this back a little
bit and give them some time to see if they --
MS. RAWSON: I would.
CHAIRMAN LEFEBVRE: Okay.
MR. KELLY: Mr. Chair, if it's easier, I'm in favor of granting
the extension. There is a letter that accompanies the request, and it
looks pretty reasonable to me.
I think they're just safeguarding the fact that they might be
running a little close to the time that we originally gave them, and
they're just asking for a slight extension. So if it pleases the rest of the
board if we grant it now, we might save the placement in the agenda.
CHAIRMAN LEFEBVRE: What time frame are you
recommending?
MR. KELLY: Well, they're saying that it's supposed to be done
somewhere around the 18th. However, we're giving them to the 24th.
So they're not even sure that they're going to not comply. I think
another 30 days would be reasonable, given the fact that it is going to
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~eptember 2),"2008
be close.
MR. KRAENBRING: Does the county have a position on this?
MR. LETOURNEAU: We have no objection. They're not--
there's nobody occupying the two units at this moment, so it's not
really any kind of a health or safety factor.
And they did have a change on their permit on September 10th I
think they had to deal with too, so I think they're being pretty much
aboveboard with this request.
MR. KRAENBRING: Mr. Kelly, do you have a motion on the
floor?
MR. KELLY: Sure, I'll make a motion that we grant a 30-day
extension on the original order.
MR. KRAENBRING: Second.
MR. DEAN: I'll second the motion.
CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion is approved.
MR. LETOURNEAU: Thank you.
CHAIRMAN LEFEBVRE: The next one will be on -- we're
moving on to stipulations.
MR. KELLY: Can I just real quick, I have a question. Going
back to -- before we leave and go to the stipulation section, back on
the original request for rehearing, on the Andres Reyes Trust, was that
a hearing that we did here and there was an order entered? Because if
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September 25, 2008
there was, wouldn't --
MS. WALDRON: No.
MR. KELLY: -- it be a rehearing?
MS. WALDRON: Therewasnohearingyet.
MR. KELLY: Oh, there wasn't? Okay, very good.
CHAIRMAN LEFEBVRE: And on to stipulations.
First one will be BCC versus Richard and Judith Sizer.
(Speakers were duly sworn.)
MS. O'FARRELL: Good morning. For the record, Susan
O'Farrell, Environmental Specialist for Collier County Code
Enforcement.
This is in reference to Case No. 2007100109, with violation of a
deficient required buffer between the vehicular use area and the
right-of-way.
Its violation is located at 2090 J&C Boulevard, Naples, Florida.
Service was given on March 5th when the property was posted,
along with the courthouse.
It was also sent by certified mail, which was signed for on March
28th, 2008.
Now I'd like to present the stipulation that is agreed to by Mr.
Sizer and the county, whereby Mr. Sizer agrees to a violation existed,
and he will pay the operational costs incurred in the case.
The violation has been abated.
MR. KELLY: I make a motion that we accept the stipulated
agreement.
CHAIRMAN LEFEBVRE: Has everyone read it first?
I have a motion, do I have a second?
MR. PONTE: I'll second.
MR. LARSEN: Hold on.
MS. O'FARRELL: And I have copies of the abatement, if you'd
like to see them.
MR. KRAENBRING: 1 think the one thing that we all can say is
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that the operational costs need to be paid within 30 days. Is that
something we can enter into that stipulation? It's only $87, but still.
MR. KELLY: That's standard now. So I'll amend the motion to
accept the stipulated agreement with the addition that the op. costs be
paid within 30 days.
MR. DEAN: Second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion is passed.
MS. O'FARRELL: Thank you.
CHAIRMAN LEFEBVRE: Next stipulation will be Empire
Developers Group, LLC.
(Speakers were duly sworn.)
MR. BALDWIN: Good morning. For the record, Investigator
Patrick Baldwin, Collier County Code Enforcement.
This is in reference to Case No. CESD20080007919. It's dealing
with the violation of disturbed land in Vita Toscana. It has not been
hydro-seeded and they're now creating dust. That's located at Folio
No. 00186000005. It's south ofOlde Cypress, just north of
Immokalee Road.
Personal service was given on 7/1/08 to a Maria Gutezzia
(phonetic.)
Now I'd like to present the stipulation agreement that we've
entered in.
Page 14
16s!p~m~er15, 2~8
The Board of County Commissioners, Collier County, Florida,
versus Empire Developers Group, LLC stipulation agreement.
The violation noted in reference of notice of violation are
accurate and I stipulate to their existence. The violations are that of
sections of the Florida Building Code 2004 Edition, Chapter I
Permits, Section 22-26, subsection 105.5.5 and 04-41, the Collier
County Land Development Code, as amended, Sections
4.06.04A.1.a.vii(a-d), and they are described as the elevated lots in
Vita Toscana have not been hydro-seeded and now are creating dust.
Therefore it is agreed that both parties, the respondent shall: Pay
operational costs in the amount of $88.43 incurred in the prosecution
of this case.
And number two: They abate all violations by hydro-seeding all
disturbed land in Vita Toscana within 14 days of this hearing or a fine
of $180 will be assessed until the violation is abated.
And B: The respondent must notifY the code enforcement
investigator when the violation has been abated in order to conduct a
final inspection to confirm abatement.
CHAIRMAN LEFEBVRE: We do have someone from the
public that would also like to speak about this case too; is that correct?
MS. WALDRON: Yes.
CHAIRMAN LEFEBVRE: Before we make a motion, I'd like to
hear it.
MR. KELLY: Actually, I have a question.
CHAIRMAN LEFEBVRE: Go ahead.
MR. KELLY: Investigator, did you say that was a fine of$180
flat fee, or is it $180 per day?
MR. BALDWIN: $180 per day.
MS. WALDRON: We do have a speaker. Ms. Diane Ebert, if
you'd like to come forward.
MS. EBERT: All the community is--
CHAIRMAN LEFEBVRE: If you could--
Page 15
1 RpL~~ 25, ~08
(Speaker was duly sworn.)
CHAIRMAN LEFEBVRE: If you can please state your name.
If you could pull the mic down to you so we could hear you.
THE COURT REPORTER: Spell your last name, please.
MS. EBERT: Yes, E-B-E-R-T. Diane Ebert from Olde Cypress.
All that we really wanted is to have the whole area hydro-seeded.
They have known this since last November. And the people would be
very happy if they just plain hydro-seed the whole thing. That's all we
request.
CHAIRMAN LEFEBVRE: That's what we have in the
stipulation, and that's what they've agreed to at this point. Thank you
very much.
If you can step up, have a couple -- if you can bring the mic up so
we can hear you.
If you could state your name for the record and also -- you're not
Mr. Slavich, I know that, so --
MR. FRALEY: That is correct. I'm Gene Fraley, Vice-president
of Empire Builders.
THE COURT REPORTER: Mr. Fraley, could you spell your
last name, please.
MR. FRALEY: F-R-A-L-E- Y.
CHAIRMAN LEFEBVRE: And do you have the authority to --
MR. FRALEY: Yes, I do.
CHAIRMAN LEFEBVRE: -- agree to the stipulation? Okay.
Any questions?
(No response.)
CHAIRMAN LEFEBVRE: Anyone else have any questions?
(No response.)
MR. KRAENBRlNG: No, it seems to me 14 days, is that good
for the -- for you, ma'am?
MS. EBERT: That's fine.
MR. KRAENBRING: All right.
Page 16
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~ePtember~5, 2c3s
CHAIRMAN LEFEBVRE: Do I hear a motion?
MR. KELL Y: I'm more concerned as to whether or not you can
get it done in 14 days. Do you have a contractor lined up and ready to
go?
MR. FRALEY: Yes, we do.
CHAIRMAN LEFEBVRE: Do I hear a motion?
MR. LARSEN: I'll make a motion that we accept the stipulation
agreement as so proposed and as executed by the county and by the
respondent.
MR. L'ESPERANCE: I'll second that.
CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Thank you.
Next stipulated agreement will be BCC versus Roberto Reyes.
Swear the parties in, please.
(Speakers were duly sworn.)
MS. PEREZ: Just for the record, Mr. Gallegos is going to help
the respondent translate.
(Interpreter was duly sworn.)
MS. WALDRON: Can we request that everyone please make
sure to speak into their microphones also.
CHAIRMAN LEFEBVRE: Go ahead, Investigator.
MS. PEREZ: Good morning. For the record Senior Investigator
Christina Perez.
This case is in reference to Case No. 2007090686, dealing with
the violation of an expired pool permit.
Page 17
16 tS~tJ!ber 3, 2008
,t" , _
Location of the violation was at 3330 33rd Ave. Northeast in
Naples, Florida, 34120.
Notice of violation was given on September 24th of2007 to the
Respondent Roberto Reyes.
We met this morning here at today's hearing and we agreed to
come into stipulation with the county.
The stipulation reads as follows: The respondent agrees to pay
the operational costs in the amount of$87.87 incurred in the
prosecution of this case. And also to obtain a Collier County building
permit for a pool and all inspections through certificate of completion
within 120 days of the date of this hearing or a fine of $200 a day will
be imposed until the violation is abated.
Or obtain a demolition permit for the pool and all inspections
through certificate of completion within 120 days of the date of this
hearing or a fine of $200 a day will be imposed until the violation is
abated.
Also, that the respondent must notify code enforcement within 24
hours of abatement of the violation and request the investigator
perform a site inspection to confirm abatement -- compliance, I'm
sorry.
Would you like me to repeat the number two?
THE COURT REPORTER: No, thank you.
CHAIRMAN LEFEBVRE: One question I have is what stage of
completion is this pool at now? Does it have a fence around it, a cage,
is it secure?
MS. PEREZ: The entire property has a fence around the
property, and that has a valid permit.
There's only two inspections, which is a final inspection and site
drainage, which we discussed. And he said that maybe within the next
month he would be able to complete that.
CHAIRMAN LEFEBVRE: All right, 120 days seems like a long
time, and $200 a day fine seems like a lot, if it's not a health and safety
Page 18
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Septembd25, 2008
issue. And he seems pretty close to being done.
You know, ifthere wasn't a fence protecting it or so forth, then I
could see a $200 a day fine, but personally I feel that that might be a
little bit excessive.
MS. PEREZ: And just for the record, this is the second permit
that has expired for Mr. Reyes, so this new permit that he would apply
would be the third permit that he would be applying for. So which is
why, you know, we give him the sufficient amount of time for him to
be able to complete it. But then, you know, because of the fact that
this would be the third permit that's being obtained.
MR. KRAENBRING: The pool's completed?
MS. PEREZ: Besides those two inspections, yes, which would
be a final -- there's a final pool inspection and a site drainage
inspection.
MR. KRAENBRING: So it's just a failure to get the inspections.
MS. PEREZ: To finish those two, yeah.
CHAIRMAN LEFEBVRE: Any other questions of the board?
MR. KELLY: I'm interested to hear what George thinks about
the time.
MR. PONTE: I think the time is long and I think the fine is high
for something that's near completion.
MR. KRAENBRING: Can I ask the county why 120 days -- is
that the amount of time you think is necessary in order to get these
inspections?
MS. PEREZ: There's -- he still has to do some work, according
to what he told me, especially with the site drainage. He has a narrow
lot and he has to make a retaining wall. So that's -- you know. And he
was expressing to me that he's just had a lot of financial hardships,
which is why he hasn't been able to complete that.
MR. KRAENBRING: Well, then, you know, just sort of -- my
thought is that if 120 days is fine, there's no health and safety issue
here, he's got to take care of some landscaping, and then the $200 fine
Page 19
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September 25,2008
actually pushes him to get it done. So I'm kind of thinking that the
county's position is correct.
MR. L'ESPERANCE: I would agree with your statement.
MR. LARSEN: I just want to ask, this pool, it's a residential
pool, correct?
MS. PEREZ: Yes.
MR. LARSEN: Okay. And it's behind a house?
MS. PEREZ: Yes.
MR. LARSEN: And is the house occupied?
MS. PEREZ: Yes.
MR. KRAENBRING: It's occupied by the --
MS. PEREZ: By the owner.
MR. KRAENBRING: Okay.
MR. LARSEN: And there are the applicable safety fences, or
not?
MS. PEREZ: He has a fence throughout the whole property with
a gate in the front.
MR. KAUFMAN: Does the pool have water in it?
MS. PEREZ: Yes.
MR. KAUFMAN: Are they using it?
MS. PEREZ: Yeah, that would be something that you would
have to ask him.
MR. DEAN: This is a single-family dwelling, right?
MS. PEREZ: Yes, it is a single-family home in the Estates.
MR. DEAN: Thank you.
MR. KRAENBRING: Do we want to hear from the respondent?
MR. LARSEN: Mr. Chairman?
THE INTERPRETER: What would you like me to ask him?
CHAIRMAN LEFEBVRE: Do you have a direct question for
him?
MR. LARSEN: Are you using the pool currently?
THE INTERPRETER: He said yes.
Page 20
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sePteler 25, zt')'08
MR. LARSEN: What is the additional work that you have to do
before you can get the inspections?
THE INTERPRETER: According to what he said, he said the
landscaping -- with what she said about the drainage wall, I don't
know, he said something about some drainage wall similar to what she
said.
MS. PEREZ: Retaining wall.
CHAIRMAN LEFEBVRE: Retaining wall.
THE INTERPRETER: Retaining wall.
CHAIRMAN LEFEBVRE: Is that correct?
THE INTERPRETER: Yeah, that's what he said. That's what he
needs to finish.
MR. LARSEN: And is he going to be able to finish it within 120
days?
THE INTERPRETER: He said yes, he should be able to finish it
in 120 days.
MR. LARSEN: Thank you. I have no further questions.
CHAIRMAN LEFEBVRE: Do I hear a motion?
MR. KRAENBRING: Just the one thing. Just please let this
gentleman know the severity of the fine. I mean, Mr. Chairman, just
-- I think he needs to know that -- I'd like to hear him say that--
CHAIRMAN LEFEBVRE: Well, that's part of the stipulated
agreement.
MR. KRAENBRING: Right.
CHAIRMAN LEFEBVRE: But he does understand that there
will be a $200 fine -- if we do agree to the stipulation -- after 120
days, $200 fine every day per day.
THE INTERPRETER: He says he understands.
CHAIRMAN LEFEBVRE: We'd also like to see operational
costs paid within 30 days of this hearing.
MR. PONTE: Mr. Chairman, I would just like to suggest to the
board that we consider reducing the fine. Just a matter of consistency.
Page 21
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September 25, 2008
$200 a day fine whether imposed in fact or not is on the books. And
-- our books. And I just think it's a very severe fine, harsh fine for a
pool in your backyard that's near completion. I don't think the fine
should be anything like that.
MR. KELL Y: I have a question for the respondent.
CHAIRMAN LEFEBVRE: Go ahead, Mr. Kelly.
MR. KELLY: Sir, do you have either an alarm system on the
doors and windows going to the pool or a security fence around the
pool to stop children from going into it?
THE INTERPRETER: No, he says he doesn't. And he says he
doesn't have no kids.
MR. KELLY: Florida Building Code 2001 requires either one of
those as a prevention to go into -- for drowning purposes.
MR. L'ESPERANCE: I believe I heard testimony from the
county that there is a fence around the property, however.
MR. KELLY: However, there needs to be one around the pool --
MR. L'ESPERANCE: Correct.
MR. KELLY: -- ifthere's a cage. Or an alarm system. So it
might constitute a health and safety issue.
MR. L'ESPERANCE: Good point.
MR. KRAENBRING: And I think that will be picked up at the
inspections.
George, with all due respect, I think that, you know, there is a
health and safety issue here, potentially. And, you know, when the
Chairman calls us to make a motion, I'll make a motion that we --
MR. PONTE: Okay, I understand that. And now with the health
and safety issue there, I agree with the fine level.
But if! could hear the stipulation again. Was there anything in
the stipulation about erecting a fence or a gate or an electronic device
to protect the pool?
MS. PEREZ: Well, it's like Mr. Kenny (sic) had said, you know,
the -- it's a part of the building code so they would have to be required
Page 22
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September 25, 208'lf
by the county before a C.O. is issued.
MR. PONTE: Does the respondent -- is the respondent aware of
the fact that he's going to have to build another fence?
MR. KRAENBRING: I don't think it's so much another fence,
George, as that the gates have to have certain safety.
MR. PONTE: Right. Well, the gate's on the fence, right?
MR. KRAENBRING: Right.
MR. KELLY: But in order to get the final inspection, he would
have to have some sort of items of --
MR. PONTE: Well, just so we're not back here in 120 days and
he's saying, well, now I've got to put up a fence, they've told me I have
to put up a fence and now I need another 120 days.
Let's get it all done at the same time.
MR. KRAENBRING: We don't want to be reading the building
code into these orders.
I make a motion that we accept the stipulation as presented by the
county and the respondent.
CHAIRMAN LEFEBVRE: Do I --
MR. L'ESPERANCE: Second.
CHAIRMAN LEFEBVRE: -- hear a second?
All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Any nays?
MR. PONTE: (Indicating.)
CHAIRMAN LEFEBVRE: One nay.
We're going to move on to hearings.
The next -- the first hearing is BCC versus Florida Metal
Page 23
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September 25, ~08
Masters, Inc.
(Speakers were duly sworn.)
MS. WALDRON: This is in reference to Department Case No.
2007090640.
F or the record, the respondent and the board were sent a packet
of evidence, and we would like to enter the packet of evidence as
Exhibit A.
CHAIRMAN LEFEBVRE: Do I hear a motion?
MR. KRAENBRING: Make a motion that we accept the packet.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. PONTE: Second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELL Y: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
MS. WALDRON: Violation of Ordinances 04-41, as amended,
the Collier County Land Development Code, Section 10.02.03(B)(5).
Description of violation: Airplane fuselage, granite, marble slabs
and dumpster in parking area intended for vehicular parking, violating
Site Development Plan 99-125.
Location/address where violation exists: 4443 Arnold Avenue,
Naples, Florida, 34104.
Name and address of owner/person in charge of violation
location: Florida Metal Master, Inc. Jill Palmer-Trapasso, registered
agent, 3609 Cottage Club Lane, Naples, Florida, 34105.
Date violation first observed: September 20th, 2007.
Date owner/person in charge given notice of violation: Received
by certified mail on March 19th, 2008.
Page 24
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September 25, 20J
Date on on/by which violation to be corrected: April 14th, 2008.
Date of reinspection: April 25th, 2008.
Results of reinspection: Noncompliant airplane fuselage, granite,
marble, stone slabs and dumpster remain at 4443 Arnold A venue,
Naples, Florida, 34104.
At this time I would like to call on Code Enforcement
Investigator Heinz Box.
MR. BOX: Good morning, gentlemen. For the record, my name
is Investigator Heinz Box from Collier County Code Enforcement.
This is in reference to Case No. 2007090640. And this is dealing
with violations of a site development plan 99-125, which is having an
aircraft stored over parking spaces designated for employee and
customer parking at 4443 Arnold Avenue, here in Naples.
A notice of violation was given and delivered on March 19th of
2008 by certified mail. And gentlemen, the reason that we're here
today is to determine whether or not a violation of the site
development plan exists by having an airplane fuselage parked over
parking spaces.
Ordinance 04-41, Section 4.05.01(A) states that every building or
use must provide off-street parking for the occupants, employees and
visitors and customers and patrons.
Section of the LDC 04-41, Section 1O.02.03(B)(5) states that a
violation of the terms identified in the approved site development plan
shall constitute a violation of this code.
We received this complaint on September 20th of'07, and on that
day Supervisor Capasso, who's my supervisor, and myself went to this
property, which is in the Industrial Park right across the street.
We advised Mr. Trapasso, who was the owner of the property, of
the nature ofthe complaint, and we observed several slabs of marble
and an aircraft fuselage covering the designated parking spaces at this
location.
The marble and granite slabs have since been removed, but there
Page 25
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September 25, 2008
is a dumpster that is blocking one ofthe entrances at 4443 Arnold.
On October 1 st of 2007 Investigator Manager David Scribner,
Susana Capasso and I met with Mr. Trapasso at our office. During the
meeting we explained the violations and discussed the options for
correcting.
Okay, at this time what I'd like to do is enter into evidence two
photographs.
CHAIRMAN LEFEBVRE: First of all, have the parties all been
sworn in?
THE COURT REPORTER: Yes.
MR. KELLY: I make a motion that we accept this as evidence
A.
MR. DEAN: I'll second that.
CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
MR. LARSEN: Mr. Flood, have you seen the photographs?
MR. FLOOD: No, sir.
MR. LARSEN: Give them to Mr. Flood.
CHAIRMAN LEFEBVRE: Mr. Flood should see them first.
MR. BOX: Just for the record, I have these items labeled B-1
and B-2. One's a photograph, a GIS photograph of the property, and
the other is a photograph of the aircraft fuselage.
MR. LARSEN: Do you have any objections, Mr. Flood?
MR. FLOOD: No objection.
MR. KRAENBRING: That's an airplane.
MR. BOX: Okay, I'll continue here.
Page 26
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September 25, 200~
During our meeting with Mr. Trapasso, he indicated that he
wanted to keep the plane and that he had not yet decided what he
wanted to do with it, but he definitely knew that he wanted to keep it.
He said he was also willing to do whatever it would take to come
into compliance. And this was on October 21 st.
On October 5th of '07 I went and attempted personal service of
notice of violation at 4443 Arnold Avenue, but I was unsuccessful.
The notice of violation was sent certified mail and the return
receipt was received on the 15th of October.
Occasional follow-ups showed no signs of progress towards
compliance and removal of this airplane, and revised notices of
violation were sent out via certified mail to the registered agent of this
property, who is Jill-Palmer Trapasso, Michael Trapasso and Steven
Trapasso. And the U.P.S. tracking confirm shows that it was delivered
on March 19th of2008.
And the reason that I sent another notice of violation out was that
the ownership in the initial notice of violation was incorrect.
Since that time I've done various site visits out to this location
and there's been no compliance.
And on May 7th I prepared the statement of violations and
request for the hearing.
One other thing I'd like to submit as evidence.
CHAIRMAN LEFEBVRE: Has the respondent seen this?
MR. BOX: No.
These will be listed as C-1 and C-2, copies of the site
development plan.
CHAIRMAN LEFEBVRE: Any objection?
MR. FLOOD: No, sir.
CHAIRMAN LEFEBVRE: Do I hear a motion to accept this as
Exhibit B from the county?
MR. PONTE: Make a motion to accept.
CHAIRMAN LEFEBVRE: All those in favor -- second, sorry.
Page 27
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Septem~er 2.5./2008
Second?
MR. KELLY: I'll second.
MR. KRAENBRING: I'll second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
MR. BOX: Just for clarification, C-l that I gave you is the actual
SDP, okay. And it's a little hard to see the parking spaces marked
there with all the other overwriting on it.
And C-2 is the irrigation plan, and you can clearly see where the
parking spaces are. Okay.
MS. RAWSON: When you gentlemen finish with exhibits, be
sure you give them to the court reporter, since you've introduced them
into evidence.
CHAIRMAN LEFEBVRE: Yes. You can just pass them back,
at least one of them back.
MR. BOX: I'll continue here.
The initial hearing for this matter was July 31 st of 2008. It was
continued at Mr. Flood's request, who's representing Mr. Trapasso.
On August 13th Counsel Peter Flood, Michael Trapasso, Ross
Gochenaur, my supervisor, Susana Capasso and I met at the code
enforcement office to discuss the violations and options for abatement.
One thing I'd like to remind you is that the reason that we're here
today is to determine whether or not this airplane can stay on this
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September 2<2008
property. In my mind it's clearly in violation of the site development
plan. And my main concern with this is the safety issue. God forbid if
there's a fire there, how are fire apparatuses going to get in there or
EMS people to get in there to save that property if there is a fire in
there?
As for my recommendations --
CHAIRMAN LEFEBVRE: Well, no, not yet.
Are you all set?
MR. BOX: Yes.
CHAIRMAN LEFEBVRE: Mr. Flood?
MR. FLOOD: Yes, my name is Peter Flood. I was retained by
Mr. Trapasso who owns the Florida Metal Masters, Inc.
I think it's important for the board to understand what my client
does for a living. I think it's also important to understand that he is in
an industrial area with industrial zoning, that certain things are
allowed in that industrial zoning. I've supplied a copy of that with my
packet in regards to the general industrial section.
I'd like to read into the record what that specifically indicates as
set forth in the code. General industrial shall mean a use for the
purpose of basic processing, manufacturing of materials or products,
predominently from extracted or raw materials or products for the
purpose of storage of or manufacturing process using flammable or
explosive materials, storage of manufacturing processes that
potentially involve hazardous or commonly recognized offensive
conditions.
Also used for the purpose of manufacturing predominantly from
previously prepared materials or finished products or parts including
processing, fabrication, assembly, treatment, packaging and incidental
storage, sales and distribution of such products.
My client is in the metal business, sheet metal business, okay?
He manufactures, he processes sheet metal. One of the reasons he
bought this plane -- he did buy the plane from Collier County
Page 29
16 L~e~ber J, 2008
Mosquito Control. Is that correct?
He initially thought he could take the plane and rehab it. When
he got into the project he understood that he could not rehab it because
of the cost.
He currently is in the process of right now planning on either
cutting the plane up, utilizing the material on the plane in his
processes and for his plane; is that correct?
So I think that's important in regards to what we have here. Now,
Mr. Heinz is correct, we had a meeting on August 13th, 2008. Mr.
Gochenaur came from the zoning department.
One of the things I specifically asked Mr. Gochenaur was to
interpret the violation as set forth.
Attached to our package is his response in regards to reading
several sections he interprets that there is a violation.
It's our position that my client, who by the way has two full-time
employees and one part-time employee. Has what, 11 parking spaces?
MR. TRAPASSO: Thirteen.
MR. FLOOD: Thirteen parking spaces.
He's not a retail operation, he's not a wholesale operation, he's an
industrial shop where people or a truck backs in, unloads and removes.
And he ships and receives. There's not people coming and going.
There may be an occasional salesman coming and going. That's
important.
So I asked Mr. Gochenaur to specifically point out where it states
in our Land Development Code where parking -- the differential
between parking and storage.
And I would submit to this board if in fact that my client is in
violation of the Land Development Code, every other person is in
violation. If parking places are only supposed to be used for parking,
they can't be used for storage; i.e., you can't take a recreational vehicle
and put it in a parking spot and call that parking. You can't take a boat
and put it in there and call it parking. You can't go by the Sprint
Page 30
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September 25, 2008
building on Davis and have commercial trailers sitting there for
months at a time. Is that parking or is it storage?
My client actively works on this plane. He doesn't work on it
every day, he works at it on the weekends. He's parting it out. That's
his business.
Is it blocking or impeding his employees? No.
These other matters that Heinz is discussing in regards to the
fabrication of the materials, he has corrected all that. The slabs are
removed. He went down and got his occupational permit for
additional equipment and machinery brought in there. That was not
only for fabrication of marble, it was also for fabrication of steel. It's
a water jetting machine, $60,000 machine.
Our position is, is that my client can utilize his space for the
temporary storage of this plane while he's disassembling it.
County's position is no, it's for parking of motor vehicles only.
And I would submit to this board, you can ride around every
industrial area in this county and you can look at people putting in
their parking spaces things that are stored there.
Ifmy client were to bring in a 40-foot semi trailer, for example,
and it needs to have the sheet metal redone on it and it takes him three,
four weeks or it takes him a month and a half or two months and he
parks it in the parking place, is that parking or is that storage?
I didn't write the Land Development Code. Mr. Gochenaur didn't
write the Land Development Code. It's not specific.
How is my client supposed to understand a Land Development
Code that Mr. Gochenaur can't even interpret himself and seeing it
takes him three sections to come up with it?
If you read the facts that was sent to Mr. Trapasso, nowhere in
there does it specifically say that the parking places in an industrial
area cannot be used for storage. Doesn't say that. That's just an
interpretation.
My client pays approximately $20,000 a year in taxes. He's in an
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industrial area. He's over there trying to make a living. The reason he
went into the industrial area is because he wanted to utilize that
properly zoned land for this specific business. It's the only place in
town you can utilize it. Fabrication of raw materials, sheet metal,
bending, all this.
So we would submit to the board that they have not submitted
their burden or met their burden in regards to any violation.
Keep talking about the Land Development Code. That was when
he originally built this building. What was that, nine years ago or
eight years ago? He went in there, these were for parking places.
Sure they're for parking places. Go to the Budweiser dealership, drive
by there on your way home tonight, okay? They're slow. They've got
vehicles and they've got trucks stored all over their parking places.
Go by the U.P.S. shop, they've got them stored all over the
places. Is that storage or is it parking? I don't know. But I know one
thing, it's not in the Land Development Code. It's not specifically set
forth that a person in an industrial zoned area cannot utilize his
parking to put some sort of structure or some sort of vehicle or some
sort of truck or something out there that he's working on. I mean, it
just doesn't fit.
So that's our position.
Would you like to say anything?
MR. TRAPASSO: My name is Mike Trapasso. I'm the president
of Florida Metal Masters.
And our property is gated and fenced in. The parking area is used
as a transfer area on a daily basis for us to do business. We have
trucks coming in, unloading, and trucks loading up pulling out.
Many times these are large items. We put them in the parking
lot. They're private parking spaces. We own the spaces. Some of the
spaces we choose to use as storage, some we park cars in.
For Collier County to come in and try to micromanage what I do
in my private fenced-in gated property, industrial zoned, is absurd.
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Every time I move something around, they're going to come in
and give me a ticket? Is that what Collier County is all about as far as
code enforcement?
And I just -- I've had it. I'm really fed up with the Land
Development Code they're trying to pin me on here. Which has to do
with new construction, by the way. The pieces of code they're citing
is new construction code.
And it really has nothing to do -- we're not bothering anybody,
there are no complaints on how we operate.
And, you know, the fenced-in gated as far as a hazard to the
community, I don't see that flying. This thing has an eight-foot high
fence with barbed wire, and the gate is closed at night.
And I just ask the board to realize this is an industrial property
and what zoning do I need to do the kind of work I do if I can't do it in
industrial? Where do I go?
MR. FLOOD: One last thing the board has to understand. This
plane has no gasoline, has no engines, it's just a fuselage.
Also what the board has to realize is that the initial complaint on
this action came from an individual from Tampa, Florida. Didn't even
come from Collier County.
CHAIRMAN LEFEBVRE: I'm going to close the public
hearing.
Any questions from the board?
MR. DEAN: I just had one question. Is that parking lot, is it
open to the public at all? Or do you have to --
MR. TRAPASSO: The gate is open. Anybody can pull in
during business hours.
There -- if you were to go there right now you would see 10
marked parking spaces available for parking. The plane takes up three
spaces. It's not in the way, it's not near the building, it doesn't impede
any commerce in and out of the building.
As Mr. Flood stated, my traffic is truck traffic in and out. Very
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little vehicular traffic other than that.
There's only two full-time employees, one part-time employee.
We do not have a parking problem and parking does not overflow into
the right-of-way.
MR. PONTE: I have a question.
CHAIRMAN LEFEBVRE: Hold on a second. I think the
county has something else to say; is that correct?
MR. BOX: Yes, just a question here ofMr. Flood and his client.
How long has that airplane been parked there?
MR. FLOOD: Two years.
MR. BOX: Two years. Okay. So that wouldn't be considered
temporary storage then, would it?
MR. FLOOD: Temporary storage could be 10 years, could be 15
years, it could be 20 years, it could be five minutes.
MR. LARSEN: I believe the County Attorney wants to--
MR. PONTE: I do have a question and that is regarding the
fuselage.
Does it block easy access to the building by emergency response
vehicles?
MR. TRAPASSO: No, it does not. The fuselage is at the center
-- if you look at the site development plan that was passed around,
those spaces away from the building where there's eight spaces going
up to the road, it's in that section there. So it's not in the way of the
main drive entering the building or the overhead.
MR. PONTE: Thank you.
MR. L'ESPERANCE: Mr. Chairman, I have one more question.
Is the fuselage adequately tethered to the ground in case of high
winds?
MR. TRAPASSO: The fuselage is bolted down to the ground.
CHAIRMAN LEFEBVRE: And County Attorney?
MR. BOX: I have to say that I didn't notice that when I was out
there, and that was one of my main concerns also was the fact that,
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you know, how this thing would hold up to high winds, whether or not
it would be a big projectile flying across that parking lot and
damaging someone else's property.
CHAIRMAN LEFEBVRE: County Attorney?
MS. STUDENT-STIRLING: Thank you. Again for the record,
Marjorie Student-Stirling, Assistant County Attorney.
I just want to point out that our Land Development Code has
parking requirements in it for all commercial and industrial zoned
areas. And if memory serves me correctly, in this area it's one space
for 500 square feet of building area.
And then what happens when a person comes in to get their site
development plan, it is a graphic representation of code requirements.
So that site plan shows the number of required parking spaces that the
county approved.
And again, as -- the stated violation of the terms of the site
development plan is considered a violation of the code.
r would offer that, you know, parking spaces, just general
definition, doesn't include long-term storage of materials. And I
would also further argue even if you go to several commercial parking
areas in town, they'll say no overnight parking permitted, so that
there's no issue about storage of anything in the parking area.
I would submit that there is a remedy for this problem in our
Land Development Code, and that would be for this gentleman and his
company to seek a parking exemption from the board, which would
relieve him of the need for the number of parking spaces that are
shown on the site plan. And Code Enforcement Board isn't really the
agency to get parking exemptions. That's either the Board of County
Commissioners or the Board of Zoning Appeals. Thank you very
much.
MR. LARSEN: I have a question for the County Attorney before
she leaves.
If! understand correctly, it's a violation of Ordinance 04-41,
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correct?
MS. STUDENT-STIRLING: The violation -- well, the violation
is in 1 0.02.03(B)( 5).
MR. LARSEN : Well, it says violation of Ordinance 04-41, as
amended --
MS. STUDENT-STIRLING: Yes, that's the Land Development
Code.
MR. LARSEN: -- of the Land Development Code, Section
1O.02.03(B)(5), correct?
MS. STUDENT-STIRLING: Uh-huh.
MR. LARSEN: Did you have an opportunity to see the e-mail
from Mr. Gochenaur dated Wednesday, August 13th, 2008 to Susana
Capasso and Heinz Box?
MS. STUDENT-STIRLING: That's not in my packet.
MR. LARSEN: Because I believe Mr. Flood referred to this.
And it says, Section 2.3.13 of the previous LDC states the required
off-street parking can't be reduced or changed to any other use unless
the use served is discontinued.
Then it goes on to say, although this language failed to appear in
the current LDC, Ordinance 04-41, recitals of 04-41 state that the
recodification does not substantially alter in any way the prior existing
LDC text.
And if I understand Mr. Flood's argument is that if you're going
to have a statute to enforce the statute, it has to be clear. And his
statement just that recodification doesn't alter a prior statute isn't
sufficient in this case. I wanted to get your opinion on that.
MS. STUDENT-STIRLING: Okay. My opinion stands as I
stated it, that it's sufficiently clear in my mind citing the
10.02.03(B)(5) referencing the site development plan. He noticed
what the require -- what a site development plan shows, and that site
development plan is a graphic representation of code requirements for
that particular use. I rest my case.
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MR. LARSEN: Mr. Flood, your understanding of the language
that I guess is contained in this e-mail, amI correct in assuming that
what you're saying is that basically since that original language about
changing of the off-street parking wasn't included in the LDC it's not
applicable?
MR. FLOOD: That's correct.
And the other thing I'm saying is that the -- if you read his
original site plan, it is not modified.
MR. LARSEN: I'm not asking you about the statute, sir. I
understand about that.
MR. FLOOD: I don't think the statute is applicable at this point.
MR. LARSEN: The current LDC.
MR. FLOOD: That's correct.
MR. LARSEN: And why is that, because of the industrial
zoning?
MR. FLOOD: That's correct.
MR. LARSEN: And why is that so special as compared to other
manufacturing or residential?
MR. FLOOD: Because let me -- can I just finish my point?
My point is the basis for their argument is that he has modified
his original site plan. He's not modified his original site plan.
Modification of a site plan indicates that you're going to be
removing parking places. Okay, we're talking about use, how he's
utilizing the parking places. They're indicating just because he's using
them, putting the plane on it, he's taking away those parking places
and thereby unilaterally modifYing his site plan. That's not what he's
doing. That's what they're hanging their hat on.
If he was to take those parking spaces and put some sort of
structure on them where he was to eliminate -- come in and dig them
up and build another structure or building on them, that would be
modification of his original site plan. He's not modifYing the number
of parking spaces in his site plan. We're talking about use.
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And that's when we had the meeting with Ross, that's what I
emphasized with Ross. How he uses his parking places in my opinion
is not a modification of his site plan. Is it storage, is it parking? How
he uses those parking spots does not indicate whether or not he's in
violation of his original site plan. That's our argument. Our argument
IS use.
Their argument is by him storing the plane there he's violating his
original site plan by taking those parking spaces up with the storage of
his plane. That's their argument.
Our argument is he can bring stuff in and out of there, put them
in those parking spaces ifhe's working on them. That doesn't
constitute a violation of the Land Development Code in regards to his
site plan. If that's the case, every person in the industrial section is in
violation.
MR. LARSEN: All right, thank you very much.
CHAIRMAN LEFEBVRE: Any other questions?
MR. TRAPASSO: Can I make a short statement?
If you look --
CHAIRMAN LEFEBVRE: We already closed the public
hearing and we're at the point of asking --
MR. LARSEN: I think you should let him speak.
CHAIRMAN LEFEBVRE: We've already closed the public
hearing.
Any other questions?
(No response.)
CHAIRMAN LEFEBVRE: Do I hear a motion?
MR. KRAENBRING: I think we should just open it up for
discussion.
CHAIRMAN LEFEBVRE: Open it for discussion.
Who would like to go first?
MR. LARSEN: Well, I think the crux ofthe matter is whether or
not under the current rules and regulations storage on top of a parking
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September 25, 2008
spot actually, you know, violates the code. Whether or not you have
to use a designated parking space for parking of vehicles or whether or
not you can use it for other purposes such as the temporary storage of
equipment or material.
MR. PONTE: I don't think it's clear. And if it's not clear and
you have a violation --
MR. LARSEN: Well, what I'm troubled about is that in the
e-mail it says, this language failed to appear in the current LDC,
which in the prior language is more restrictive.
MR. KRAENBRING: You know, I don't like to sit on precedent,
but in previous cases where we've had people use parking for storage,
we have ruled in favor of the county.
I remember one person in particular, one case where they were
storing marble slabs and, you know, they were inside their fence and it
really wasn't an eyesore to me, but we did find that it was a use of
storage rather than for parking.
And at that point I think we had a situation where the employees
needed to park in the street because they couldn't park, you know,
where that marble was stored.
With all due respect to, you know, Mr. Flood's comment about,
you know, his temporary storage 10 years or 15 years, two years is
more than temporary storage in my mind.
CHAIRMAN LEFEBVRE: Right.
Also the respondent stated that it is tied down, the plane is tied
down. And to me that doesn't sound like it's temporary. It's making it
more permanent than temporary.
MR. L'ESPERANCE: How would this board feel about giving a
temporary allowance for this fuselage to be there, giving a specific
date for it to be finished, parting out, sold and then not in that location
anymore.
MR. KELLY: I don't think we're the venue to allow a temporary.
However, I agree with maybe granting a little bit of leniency in the
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time frame to allow them to continue to pursue possibly amending
their site development plan.
Maybe they can get a special use for those parking spaces that
are being utilized now.
I just think it's funny because 30 years from now maybe we
might have this discussion whether an airplane is transportation and
moveable and all that kind of stuff.
But I agree, I don't think that this constitutes a temporary storage.
I f it was a trailer that could be used at will or a recreational vehicle or
a boat that could be -- that is trailered, I think that's a little bit
different. I wouldn't consider that storage, I consider that something
that could be moved in and out and used for parking.
In this case I don't see it that way.
MR. PONTE: Well, but the respondent has said he is using it.
He's cannibalizing it. And eventually it won't be there.
MR. KELLY: However, parking spaces are not allowed to be
utilized to temporarily store anything. So, for instance, a delivery
truck was to come back up into an industrial location and off-load
goods and supplies. They have to be transferred directly into the
building. They can't be just put into a parking space, blocking those
parking spaces temporarily. Not for five minutes. I mean, that's not
what parking spaces are designed for. They're designed for
transportation and vehicles and trailer and equipment and so forth.
MR. PONTE: The County suggested that the respondent might
solve the problem by applying for a parking exemption. And if that be
the case, maybe we ought to consider giving him time to apply for a
parking exemption.
MR. KELLY: I agree.
CHAIRMAN LEFEBVRE: The other thing is, you're looking at
this picture with the plane in it. There's a car there and it doesn't look
like it's even in one of the parking spaces. So the argument that there's
enough parking spaces even with this plane doesn't appear to be so in
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this picture.
I think I would agree also with giving a time period to go ahead
and try to get the parking exemption.
MR. KRAENBRING: What's the likelihood that the county will
grant the parking exemption?
MR. BOX: Good question.
MR. KRAENBRING: Because if we grant them this -- if the
county grants them this exemption then, you know, does that open up
-- maybe Ms. Stirling can come up and address that.
Because if they are granted this exemption, then is that going to
just open up for other businesses to also cite this as a precedent?
MS. STUDENT-STIRLING: The Board of Zoning Appeals or
Board of County Commissioners, as the case may be, looks at these
matters on a case-by-case basis, and every situation's different. So I
wouldn't be that concerned about the precedent.
Insofar as in trying to determine whether or not they will grant it,
they will review the facts against the appropriate criteria in the code
and make a determination at that time.
MR. KRAENBRING: So as I understand it, it is your position
that really this isn't the venue for this.
MS. STUDENT-STIRLING: No, it's not the venue to reduce the
number of spaces.
But the other things that you brought up, and I guess your
attorney could advise you, but, you know, I think you do have some
latitude as to when the violation is abated and things like that, so --
and come crafting a sort of stipulation, if you will, with --
MS. RAWSON: Basically you can only determine if a violation
exists. You can't grant, you know, any kind of variances, you can't do
any of that. You just determine if a violation exists. And if you think
it does and you think he can maybe cure it some other way, that's up
to him. You can't order him how to do it, you can just give him so
many days to do it.
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MR. KRAENBRING: I think the other thing, just as a note to
other members of the board, is if this were a boat, we probably
wouldn't be sitting here listening to this. It's just an unusual item to be
stored.
MR. FLOOD: That's correct.
MR. KRAENBRING: May I ask the respondent, how long do
you think that the fuselage will be there? I mean, is it something that
you're going to maintain forever, is it a trademark for you, or --
MR. TRAPASSO: No, no, we're in the process of working on it.
And I'm not really sure if I'm going to part it out or turn it into a limo.
And that's where I'm at with it right now.
And this is what I do. This is metal fabrication type work.
MR. KRAENBRING: Do you have a sense of how much time
you would need in order to turn this into a limo or part it out or --
MR. TRAPASSO: It could be six months or a year.
MR. KRAENBRING: Can you give us -- what would you say?
MR. TRAPASSO: I'm really not sure exactly. I mean, I don't
want to be pinned down --
MR. KRAENBRING: You don't have any set plans for it at this
point?
MR. TRAPASSO: I'm working on it. I have plans for it. But as
far as how long it's going to take, I mean, it's a hobby. I can't, you
know, specially say when it will be complete.
MR. KRAENBRING: Okay.
MR. L'ESPERANCE: Sir, is this a hobby directly related to your
business?
MR. TRAPASSO: Yes, it is. It's -- I'm in the metal fabrication
business, and this is a metal structure which we're working on. We're
probably the only company around that has the equipment to do what
we're doing to it. And it's part of the business right now.
MR. BOX: May I say something?
MR. KRAENBRING: Please.
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CHAIRMAN LEFEBVRE: Yes.
MR. BOX: This thing's been sitting out here two years now.
And the only thing that's holding the airplane together are the rust and
the rivits. Okay, I haven't seen any work done on that airplane since I
started this case, which has been about a year ago, a little over a year
ago. And for this gentleman to sit here and tell you that it's a part of
his metal fabricating business is just untrue.
CHAIRMAN LEFEBVRE: I'm going to --
MR. DEAN: I'd like to make a motion that a violation does exist.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. L'ESPERANCE: Second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Any nays?
MR. LARSEN: Nay.
MR. KRAENBRING: Nay.
MR. FLOOD: For clarification, the violation exists as set forth in
the notification of the violation; is that the violation? Is that the
specific section?
CHAIRMAN LEFEBVRE: Yes, sir.
MR. FLOOD: Thank you.
CHAIRMAN LEFEBVRE: Do you have the vote?
THE COURT REPORTER: I have two nays.
CHAIRMAN LEFEBVRE: Correct.
Actually, Mr. Kaufman cannot vote.
MR. BOX: Gentlemen, I just want to read the recommendations.
Can I do that real quick for the record?
CHAIRMAN LEFEBVRE: We're not--
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MR. KELLY: We might have more questions.
MR. BOX: I don't think they're going to want to leave.
CHAIRMAN LEFEBVRE: Okay. Respondents? Mr. Flood?
MR. FLOOD: Yeah, we're listening.
CHAIRMAN LEFEBVRE: We're not done yet.
MR. FLOOD: Yeah, we understand.
MR. BOX: Recommendation on this case is that the Code
Enforcement Board order the respondent to pay all operational costs in
the amount of $87.44, and that the -- incurred in the prosecution of
this case and abate all violations by applying for an administrative
parking reduction, APR, within 15 days of this hearing.
And once approved, the respondent must submit plans for an
insubstantial change to a site development plan within 30 days from
the APR date. Or, the respondent needs to remove the airplane
fusilage, the granite and marble -- which has already been moved --
and the dumpster, which is still blocking one of his entrances, from the
designated parking areas within 15 days of this hearing or be fined
$100 a day for each day the violation remains.
The respondent must notify the code enforcement investigator
when the violation has been abated in order to conduct a final
inspection to confirm compliance.
CHAIRMAN LEFEBVRE: Wasn't it stated, Jean, you said that
we could not tell them what to do to get it corrected?
MS. RAWSON: Right. You just have to tell them abate the
violations within so many days.
MR. DEAN: Right.
MS. RAWSON: Now, if it was a permit, you can give them so
long to get a permit.
CHAIRMAN LEFEBVRE: Let me see the --
MS. RAWSON: This is a little different.
MR. KELLY: What's the op. cost?
MR. BOX: $87.44.
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September 25, 2008
CHAIRMAN LEFEBVRE: This is a little different, meaning?
MS. RA WSON: He's going to have to get -- apply for -- what
does APR stand for?
MR. BOX: Administrative parking reduction.
MR. KRAENBRING: Within 15 days of the hearing.
MR. BOX: In essence what we're doing is we're giving him an
option to either do that or remove it.
CHAIRMAN LEFEBVRE: Or we could just say within a certain
amount of time.
MR. KRAENBRING: Well, the one thing is that -- I know
everybody else has to look at this again, but they're asking that the
plane be removed within 15 days if -- they have to apply for the
parking reduction or remove the plane within 15 days. I think it
would be tough to remove that plane within 15 days.
MR. DEAN: I just feel it's such a big item that 60 days should be
fine. And then he has that amount of time to do what he needs to do.
MR. KRAENBRING: Yeah. I mean, we're out of hurricane
season. I don't think this thing's going to be flying around.
CHAIRMAN LEFEBVRE: How long?
MR. KRAENBRING: 60, 90 days?
MR. KELL Y: I was looking at one year.
MR. KRAENBRING: Yeah. I don't --
MR. DEAN: Well, the respondent said he could -- six months is
one of his targets to --
MR. KRAENBRING: Right. So let's come up with a date or a
time frame.
CHAIRMAN LEFEBVRE: How long does it take to get an
APR; do you know?
MR. BOX: No, I don't.
MR. PONTE: You know, we just gave someone 120 days to
correct a swimming pool problem.
MR. BOX: I was just told by my supervisor the application
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September 25, 2008
process takes two weeks.
MR. KRAENBRING: Right. And that's what's in the
recommendation of the county is not that he obtain it, it's that he file
for it.
MR. BOX: Right.
MR. KRAENBRING: But still, that's a short time frame.
MR. BOX: I was just going to say, keep in mind it's been out
there for a couple years already.
MR. KELLY: And open ended.
MR. DEAN: But it's come to a head now, so I think that 60 days
is -- or excuse me, six months is fine, too. That's my opinion.
Because now he knows he has to do something with the plane
and it's not a small item. It's not like a boat, so --
MR. L'ESPERANCE: I would feel comfortable going with the
county's recommendations as stated.
CHAIRMAN LEFEBVRE: I'll have everyone review the
recommendation one more time and then see if someone wants to
make a motion.
MS. FLAGG: Mr. Chair, while you're doing that, we've been
asked to pull the mics closer to us, because they're still having trouble
hearing us.
MR. LARSEN: I think the county's recommendation is fine
except for number three, which is the removal, should they choose that
option, within 15 days. I'd feel more comfortable giving them 30
days.
CHAIRMAN LEFEBVRE: I think even that, maybe a little -- I
think that may even be a little short.
MR. PONTE: Yes. We have to keep in mind, if you're removing
it, you have to remove it to some place.
CHAIRMAN LEFEBVRE: Or dismantle it.
MR. PONTE: So the time has to be --
MR. BOX: My understanding was it was gotten from the airport.
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So that's probably where it's going to end up going.
MR. LARSEN: Unless he disassembles it.
MR. KRAENBRING: Yeah, we shouldn't be making that
supposition.
MR. BOX: I understand that.
MR. KRAENBRING: We can't tell this person what to do with
it.
MR. KELLY: I haven't seen the recommendation yet, but from
what I remember was it kind ofleaves an open-ended time frame. It
specifically grants a certain amount of time for a submittal but no time
thereafter, in case the submittal process drags on.
MR. KRAENBRING: WelI, I think it will be back in front of us
again if it --
MR. KELLY: Well, technically ifhe submits and spends the
next year going back and forth with -- in meetings and hearings and
postpones and delays, he's still technically in compliance with our
order, if that would be the case.
So for the board's consideration, I'd like to just throw a motion
out there.
MR. KRAENBRING: Please.
MR. KELLY: I make a motion that a violation exists as cited in
the charging documents.
Number two, the respondent is to abate the violation within 180
days or a fine of $1 00 per day will be assessed.
Number three, pay operational costs of $87.44 within 30 days.
And number four, notifY code enforcement within 24 hours of the
violation being abated.
MR. LARSEN: All right, I think we already had the motion on
whether or not a violation exists. Other than that first point.
MR. KELLY: I'm sorry, do you always start your orders offwith
a violation existed as --
MS. RAWSON: I think you already voted that it does exist. So
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what you're doing now is making a recommendation that -- and in
understand it, you're just saying 180 days to abate the violation,
period.
MR. KELLY: Correct.
MS. RAWSON: However he does it is--
MR. LARSEN: Right, I would second that motion.
MR. DEAN: Operational costs is $88.44, right?
CHAIRMAN LEFEBVRE: Or $87.44.
MR. DEAN: Was it 877
MR. BOX: Yes, 87.44.
MR. DEAN: Thank you.
MR. KRAENBRlNG: Just as a note, this is going to allow him
to either do something with the plane or go ahead and get the
reduction in the parking.
MR. KELLY: Correct.
MR. KRAENBRlNG: Is that what we all understand it to be?
MR. L'ESPERANCE: That's comfortable with me.
CHAIRMAN LEFEBVRE: I have a first and I have a second.
I'd like to take a vote.
All those in favor?
MR. KRAENBRlNG: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
MR. BOX: Thank you, gentlemen.
CHAIRMAN LEFEBVRE: Mr. Flood, do you want to -- if you
Page 48
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September 25, 2008
can come up to the mic and -- do you understand that?
MR. FLOOD: We're all set.
CHAIRMAN LEFEBVRE: The next case will be BCC versus
James Hargraves.
And before we start this, would you like a break?
THE COURT REPORTER: I would love a break, thank you.
CHAIRMAN LEFEBVRE: Okay. Excuse me. Before we start
this case, if we can just take a five-minute recess.
MR. KRAENBRING: Give her 10.
CHAIRMAN LEFEBVRE: All right, 10 minutes, 10 minutes.
(Recess.)
CHAIRMAN LEFEBVRE: I'd like to call this meeting back to
order.
The next case is BCC versus James Hargraves.
(Speakers were duly sworn.)
MR. MARTINDALE: Good morning. For the record--
MS. WALDRON: Hold on.
This case, they're requesting -- the respondents are requesting a
continuance due to the fact that they've just obtained a new attorney.
So I'm not sure if you want to go through the whole reading
everything off of the case.
MR. KRAENBRING: So this constitutes a change in the
agenda?
CHAIRMAN LEFEBVRE: This would be another change, but
let's hear.
MR. FLOOD: Yes. Board, I was just retained by Mr. Hargraves
yesterday afternoon. He came in. And I've reviewed the file, I've had
a chance to talk to Mr. Martindale.
This is a substantial violation in regards to -- I'm sure everybody
is aware of what it is in their packet in regards to the violation. It's a
non-permittable addition onto a home in regards to some setbacks.
I talked to Mr. Martindale and what we'd like to do is request a
Page 49
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September 25, 2008
30-day continuance for the fact that there appears to be some conflict
between what is in the county records and what has been represented
and so forth --
CHAIRMAN LEFEBVRE: Well, I don't want to get into the
case.
MR. FLOOD: Well, I'm just stopping right there.
And that's the reason for the continuance, so I can get that
information and then sit down with Mr. Martindale and the staff and
go over it and see ifthere's some sort of resolution or some way we
can resolve this prior to coming back for a hearing.
That's the tend -- the way I handle these things, or try to handle
them.
CHAIRMAN LEFEBVRE: Is this the first time this was on the
agenda, this case? Or was it --
MR. MARTINDALE: No, sir, I believe it was on a prior agenda.
I wasn't -- I was on leave at the time it was, and it was --
MS. RAWSON: It was continued in August to September.
CHAIRMAN LEFEBVRE: Okay. Was that because you were
out? I'm just trying to recollect.
MR. MARTINDALE: I don't know. I wasn't here.
MR. HARGRAVES: Well, that and the lawyer we had didn't
realize he was coming to court and he went to Michigan. So he wasn't
here to represent us.
MR. LARSEN: All right. Well, you know, I think under the
circumstances it's only fair that we give a continuance. You know,
give Mr. Flood an opportunity to get up to speed on the file. So I'd be
inclined to do that.
MR. L'ESPERANCE: If that's in the form ofa motion, I would
tender my second on that.
MR. LARSEN: So I so move that we grant the 30-day
continuance -- is that correct, Mr. Flood?
MR. FLOOD: That would be perfect. I'd appreciate that.
Page 50
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Sept~lfer 25:, 2008
CHAIRMAN LEFEBVRE: It would be a continuance to our
October 31st, I think that's when our next meeting is, correct?
MS. RAWSON: Halloween.
MR. KRAENBRING: I just ask the county, are there any health
or safety issues here?
MR. MARTINDALE: Not that I could ascertain, sir.
MR. KRAENBRING: Very good, thank you.
MR. KELLY: And do you want to waive service, Mr. Flood?
MR. FLOOD: Yeah, I'll waive service. They can send me in.
CHAIRMAN LEFEBVRE: And where is the meeting going to
be held? Is it going to be here? I just want to make sure, since we're
in a different location today, I want to make sure we know--
MR. FLOOD: That was interesting this morning.
MR. KRAENBRING: Diane, are we--
MS. WALDRON: I believe that the meeting is here.
MR. KRAENBRING: Oh, it's here again next month?
MS. WALDRON: I believe so.
CHAIRMAN LEFEBVRE: If that changes, can you -- since this
is his notice, can you please --
MS . WALDRON: I'll send him a courtesy copy of the --
MR. FLOOD: I'll check with Mr. Martindale.
MS. WALDRON: -- notice of hearing anyway.
MR. FLOOD: He and I will be conversing on this.
CHAIRMAN LEFEBVRE: We have a motion, we have a
second. Do I hear a vote? All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
Page 51
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Septemb~r 2J008
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
MR. FLOOD: Thank you.
CHAIRMAN LEFEBVRE: We'll see you next meeting.
MR. KRAENBRING: Diane, are we going to be meeting here
more frequently, or is this a--
MS. FLAGG: Sir, the reason that you all are meeting here today
is that there is one group that bumps this board, which is the Board of
County Commissioners. So during this time of the year they're
scheduling looking at property values and so that board is meeting in
the boardroom. So--
MR. KRAENBRING: I didn't know where it was going to be.
Just a question.
MS. FLAGG: It's only -- right, it's only when that board is in
session that we'll be meeting here.
MR. KRAENBRING: It's actually more convenient for me to
meet here, but --
MR. L'ESPERANCE: The coffee's free.
CHAIRMAN LEFEBVRE: The next hearing is BCC versus
Angelo B. and Diane M. Campanello. I'm not sure I said that
correctly.
(Speakers were duly sworn.)
MS. WALDRON: This is in reference to Department Case No.
2007080375, the BCC versus Angelo B. and Diane M. Campanello.
F or the record, the respondent and the board were sent a packet
of evidence and we would like to enter the packet of evidence as
Exhibit A.
MR. KELLY: Make a motion we accept the packet.
MR. LARSEN: Has the respondent seen the evidence?
MRS. CAMPANELLa: No.
MS. WALDRON: It's the packet that was sent to them in the
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mail.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. DEAN: Second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
MS. WALDRON: This is violation of Ordinance -- Florida
Building Code, 2004 Edition, Section 105.1, permit application.
Description of violation: Electrical wires run through backyard
to wooden posts with electrical outlet and water pump. Pipes run to
and from water pump. Improvements made without obtaining
building permits.
Location/address where violation exists: 141 First Street, Naples,
Florida, 34113.
Name and address of owner/person in charge of violation
location: Angelo B. and Diane M. Campanello, residing at 141 First
Street, Naples, Florida, 34113.
Date violation first observed: August 3rd, 2007.
Date owner/person in charge given notice of violation:
September 12th, 2007.
Date on/by which violation to be corrected: October 13th, 2007.
Date of reinspect ion: November 15th, 2007, and July 16th, 2008.
Results of reinspection: Violation remains.
At this time I would like to call Code Enforcement Investigator
Azure Sorrels.
Page 53
16 1 t:~teiter 2~ 2008
MS. SORRELS: Good morning. For the record Investigator
Azure Sorrels, Collier County Code Enforcement.
This is in reference to Case No. 2007080375, dealing with a
violation of unpermitted electrical ran throughout back yard to
electrical recepticals on a wooden post.
Service was given on September 12th, 2007. The NOV was
posted at the property and at the courthouse.
I would like to present case evidence in the following exhibits:
Exhibit B, which has four pictures dated 8/3 of '07.
CHAIRMAN LEFEBVRE: Have the respondents seen the
pictures?
MS. SORRELS: Yes, they have. They have copies.
CHAIRMAN LEFEBVRE: Is that correct, sir?
MR. CAMP ANELLO: I guess.
CHAIRMAN LEFEBVRE: Do I hear a motion to accept the
exhibit?
MR. KELLY: Make a motion that we accept.
MR. DEAN: I'll second that.
CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
MS. SORRELS: On August 1st, 2007, I received a complaint
stating electrical wires running through the back yard, underground
for lights, camera and had not been permitted.
Page 54
16 I JePt~be~5, 2008
On the 3rd of August of2007, I made a site visit with Collier
County Sheriffs Office Mike Nelson. Talked to the next door
neighborhood who allowed me to enter his back yard so I could see
into Mr. Campanello's back yard.
I observed in Mr. Campanello's back yard a wooden post. And if
you look at your pictures, you'll see the wooden post. On those posts
are electrical receptacles that are mounted on it. You can see the
conduit running up from the ground, up the posts to the receptacles.
I could also see another wooden post in the far back of the
property that was by the water pump as well had electrical receptacles
on it.
Upon research through our different programs, I searched for any
permits that had been obtained for this type of installation of
electrical, and I did not find any permits.
On the 23rd of August, 2007, I attempted personal service with--
to Mr. Campanello with the sheriffs office, and he was not
cooperative.
On the 12th of September I made another site visit and 1 posted
the property with the notice of violation. I also posted the courthouse.
Mr. Campanello had come out but was not cooperative with me.
Conducted several rechecks, no permits were issued, no contact
has been made to either respondent in regards to this violation.
On the 21 st of August, 2008, I gave one last attempt to contact
Mr. Campanello, left a message. No contact was made regarding the
violations.
On the 8th of September, 2008, Investigator John Connetta
posted the property with a notice of hearing.
As of now, the violation still remains.
MR. KELLY: I've got a question of the County real quick.
CHAIRMAN LEFEBVRE: Go ahead.
MR. KELLY: What year was the home built?
MS. SORRELS: Pardon?
Page 55
te9tdnJer ~5, 2~8
MR. KELL Y: What year was the home built?
MS. SORRELS: That I cannot answer, sir. I might have it on the
property card. Give me one second.
MR. KELLY: That's okay. If you want to let the respondents
go, I can ask that later.
CHAIRMAN LEFEBVRE: Go ahead.
MR. HAMILTON: Good morning. My name is Philip
Hamilton. I'm a local attorney and I represent the Campanellos. And
I just got on the case this week.
At any rate, with respect to the charge against the Campanellos
that they're unlawfully violating 015.1 wherein it's stated that
electrical and plumbing stuff was observed, ladies and gentlemen, my
client --
MR. L'ESPERANCE: Get closer to the microphone.
MR. HAMILTON: Oh, I'm sorry.
My clients obtained a permit from Collier County in '97, of
which I have a copy, for the installation of the items that the pictures
disclose.
My clients are ready to testify to the effect that the building
permit was approved, finalized. They did pay the Charles Nelson
electrical contractor approximately $675 to do this. And the county
approved it.
And the items that you're being asked to be considered a
violation were placed therein and approved by Collier County in 1997.
Now, my client is ready and willing -- my clients are ready and
willing to testify to that effect. We do have a copy of the permit. And
the permit states -- well, at least --
MR. KRAENBRING: Would you like to put that into evidence?
MR. HAMIL TON: It stated that the electrical items were
permitted that you see in these pictures.
MR. KRAENBRrNG: Would you like to enter that into
evidence?
Page 56
1611 M ;)
September 25, 2008
MR. HAMILTON: Yes, I would. But I have to find the last
page of the permit. r do apologize.
MS. SORRELS: To answer Mr. Kelly's question, the house was
built in 1995.
MR. HAMILTON: I have a three-pager. I only have one item
right here.
MR. CAMP ANELLO: I might have it.
MR. HAMILTON: Okay. That's all I have. I'd like to enter it
into evidence, but I don't have 18 copies.
MR. LARSEN: Why don't you show it to the County first and
then --
CHAIRMAN LEFEBVRE: Right. Then it can be passed around
to us.
MR. HAMIL TON: All right.
MR. LARSEN: And I'm sorry, is it Mr. Philip Campbell?
MR. HAMIL TON: Philip Hamilton.
MR. LARSEN: Hamilton?
MR. HAMIL TON: Philip Hamilton, yes.
I was ready to come here to ask for a continuance today because I
just got on the case, but -- oh, well.
MR. KRAENBRfNG: I make a motion that we accept this into
evidence.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. LARSEN: I second it.
CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
Page 57
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September 25, ~08
MR. HAMIL TON: So I'm asking today that this board dismiss
the charge against my clients based on the fact that the charges are not
acceptable. In fact, they did in '97 comply with the Collier County
code by asking Collier County to approve these items. And they were
approved.
MR. LARSEN: Officer Sorrels, have you had an opportunity to
look at this?
MS. SORRELS: I just did, sir.
MR. LARSEN: Do you have any comment on it?
MS. SORRELS: I do, sir.
That permit that they have that you have in your hand, the
973616, I have pulled off of microfilm. And that permit does not
apply to the back yard.
And I have copies of the layout and everything that was planned
to be permitted. And what I have here, it says project name is yard
lighting, post light and ground lights. And of course it's at the address
of 141 First Street.
T have the application here that shows that it's electrical. I also
have the certificate of completion. But the most important part is T
have the plan showing exactly what is permitted.
MR. LARSEN: And have you shown that to Mr. Hamilton?
MS. SORRELS: No, T have not. I did not know that they were
going to present this permit as being a permit for the electrical in the
back.
MR. LARSEN: Why don't we show that --
CHAIRMAN LEFEBVRE: Absolutely.
MR. LARSEN: -- to Mr. Hamilton.
MR. HAMIL TON: I've seen that as part of my investigation.
However, my clients are ready and are prepared to testifY that the
items in the back yard were approved by the county, and it was part
and parcel of the entire transaction. And that's our presentation.
MR. KAUFMAN: You have to accept that into evidence.
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September 25, 2oos3
CHAIRMAN LEFEBVRE: Once they look at it.
MS. SORRELS: If! could just go ahead and mention, while
they're looking at that, the actual description of the work was electrical
for yard lighting and a light post, not for electrical receptacles that you
can plug things into, power cords.
MR. LARSEN: I don't quite understand what you're saying in
regard to electrical outlets that you have to plug things in. How does
that relate to what your violation is?
MS. SORRELS: Pardon?
MR. LARSEN: How does that relate to the violation?
MS. SORRELS: The violation is the electrical that's ran through
the back yard to the wooden post that has the receptacle outlets on
them. The permit -- the '97 permit only applies to the yard lighting
that's in the front yard.
MR. KELLY: I make a motion we accept the respondents'
packet B.
MR. KRAENBRING: The county's.
CHAIRMAN LEFEBVRE: County's.
MR. KELLY: Well, this one --I'm sorry, county's.
CHAIRMAN LEFEBVRE: This is county's.
MR. KELL Y: County.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. KRAENBRING: Second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
MR. CAMP ANELLO: Am I allowed to speak a moment?
Page 59
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September 25, 200S'"
CHAIRMAN LEFEBVRE: Go ahead.
MR. CAMP ANELLO: I've been in Collier County since 1971.
1981 I married my wife. We've enjoyed living in Collier County. But
as an activist, still today the code enforcement investigators harass the
public, they enter without consent.
MS. SORRELS: Objection. This has nothing to do with the
case.
MR. CAMP ANELLO: Excuse me, I am speaking. I think I have
my motion to speak at the time of the board.
CHAIRMAN LEFEBVRE: Okay, sir.
MR. CAMP ANELLO: I would like to show you evidence at a
later time, this investigator spending numerous time --
. MS. SORRELS: Objection, this has nothing to do with the case.
MR. CAMP ANELLO: -- in front of my home with a sheriffs
deputy bending over while the deputy was behind his wheel for a good
hour and 30 minutes --
MS. SORRELS: Board, I ask you guys --
MR. CAMP ANELLO: -- off my security camera.
MS. SORRELS: -- object to this.
MR. CAMP ANELLO: Is that how we pay our tax dollars, when
a code enforcement investigator makes out to waste our tax dollars, as
well as the sheriffs department --
CHAIRMAN LEFEBVRE: Sir.
MR. HAMILTON: Mr. Campanello, please.
MR. CAMP ANELLO: I would just like to say this: I am being
totally harassed. I have evidence in that box to show pictures of
health, safety and welfare that have been ignored by my neighbor next
door.
CHAIRMAN LEFEBVRE: We're talking about your case
specially.
MR. CAMP ANELLO: Okay. Well, this is where it all started
from.
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September 25,2('1'08
Mr. Mudd has blocked my rights to speak to Commissioner
Donna Fiala through Azure Sorrels, the citizen liaison. And I am
hoping to have a meeting with the new director to show her why code
enforcement --
CHAIRMAN LEFEBVRE: That's totally separate. If you have
any evidence regarding your case, we're glad to hear it.
MR. CAMP ANELLO: Once things are approved and signed off
by public record, I'm being harassed here. Thank you.
MR. HAMIL TON: Mr. Campanello, would you tell the board,
did you have those items in the back yard put in there independently,
or was that part of the permit?
MR. CAMP ANELLO: That was part of the work being done. I
had already purchased $8.00 (sic) worth of material. That day we had
rain when it was installed. And he said, I will put it in, being that the
labor and everything was all consistent.
But during the rain he could not put that on the back side of it. It
has all been documented. And it says here, even though noted on the
Invoice No. 2236 from Nelson Electric, receptacles -- I can't think of
the other word in the code violations -- were installed of the same time
under Permit No. 97361.
Now, I think there should be an investigation put on every
investigator of code enforcement for not thoroughly looking into the
codes. When a consumer gets a permit by law of this county and they
do not thoroughly look into their computers when they change
computer data bases. She didn't do her job correctly.
MR. LARSEN: I actually have a question of Officer Sorrels.
Officer Sorrels, the violation states that there are electrical wires
run through the back yard to the wooden posts with electrical outlets
and water pump.
Where do these electrical wires originate?
MS. SORRELS: Sir, I wish I could answer that for you. But
since Mr. Campanello is not cooperative and does not leave (sic) us on
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September 25, :ztf'08
his property, I could not investigate completely to where they go to to
the structure, the main principal or to an electrical panel or anything of
that nature. All I can see is that there's conduit coming from the
ground supplying the electrical wires to the post.
MR. LARSEN: All right. And pipes run to and from the water
pump?
MS. SORRELS: I should have clarified when we began. When I
had done that originally, I was underneath (sic) the assumption that
the plumbing would need a permit.
However, I have spoken with a plumbing structural inspector
plan review person that said it would not -- because it's above ground.
So the plumbing is not an issue, it's just the electrical.
MR. LARSEN: Okay. And then finally it says improvements
made without obtaining a building permit, right?
MS. SORRELS: Correct.
MR. LARSEN: Okay. Now, this permit, which was proffered
by the respondent, you were aware of that permit?
MS. SORRELS: Yes. The '97 permit?
MR. LARSEN: That's correct.
MS. SORRELS: Correct, yes, I was.
MR. LARSEN: And what is your understanding of why that
permit was issued? Specifically why was that permit issued?
MS. SORRELS: The permit was issued for the yard lighting and
the light post in the front yard.
MR. LARSEN: Okay. And that's separate and distinct from the
electrical wires that run through the back yard to the wooden post with
the electrical outlets and water pump in the photograph?
MS. SORRELS: That is correct.
MR. LARSEN: All right. So it's the County's position that
they're two separate. That permit didn't allow the work in the back
yard.
MS. SORRELS: Correct. And that's what shows on the site plan
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September 25, 2008
that was submitted with the permit application, showing just
specifically what that permit covered, which was the landscape lights
and the light pole in the front.
MR. LARSEN: All right. And you had four photographs here.
One shows a pole with a thermometer on it and two electrical outlets
on the top. And that's specifically what you're referring to?
MS. SORRELS: That is correct, sir.
MR. KRAENBRING: Are the wires laying on the ground or
they're underground?
MS. SORRELS: For the pole that's -- the wooden pole, that post
that's in the center of the back yard has conduit going up the front of
it, which would be housing the wiring.
MR. KRAENBRING: But for it coming from the house--
MS. SORRELS: That I could not answer, sir.
MR. LARSEN: All right. And there is a separate red pipe which
looks like it's got black wire into it, and that's what you feel is the
water pump?
MS. SORRELS: Correct, that is what I feel is the water pump.
And then the power cord plugging into the receptacle on top ofthe
wooden post.
MR. LARSEN: And in your review of the county records you
didn't find any kind of permit in regard to that?
MS. SORRELS: No, sir, I did not.
MR. LARSEN: All right. Thank you, I have no further
questions of the officer.
MR. HAMIL TON: Excuse me, Mr. Campanello wants to say
one more thing.
MR. LARSEN: All right. Just--
CHAIRMAN LEFEBVRE: Go ahead, sir. If it's relating to the
case, that's fine.
MR. CAMPANELLa: Yes, when the inspector came out to our
house, it was raining. He had to stay under the eight-foot eave up
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16 J r A ~
September 25, 20a(
against the wall of our home. And he looked at everything. And he
says, it's fine, I'll sign you off.
Now, the reason why that stormwater pump is in the rear yard is
because of a next door neighbor bringing in 47 truck loads of fill dirt,
which I have evidence, to cause -- I think it's the word blocking of a
stormwater drainage. He has also bought two properties which now
he owns three. There is no culvert storm water drain pipe to allow
stormwater flow --
CHAIRMAN LEFEBVRE: That's not relevant to this case.
MR. CAMP ANELLO: I am dumped with water.
And that plug is only plugged in during and after a hurricane and
it's removed.
CHAIRMAN LEFEBVRE: That is not -- go ahead.
MR. KAUFMAN: I have a question.
MR. L'ESPERANCE: Closer to the microphone.
MR. KAUFMAN: This layout that is part of the building permit
from 1997 --
MS. SORRELS: Correct.
MR. KAUFMAN: -- this was submitted by the electrical
contractor at that time?
MS. SORRELS: That is correct.
MR. KAUFMAN: Have you ever seen this before today?
MR. CAMP ANELLO: Yes, I have. The gentleman is no longer
in business, he's been retired.
CHAIRMAN LEFEBVRE: Anything else from the respondent?
(No response.)
CHAIRMAN LEFEBVRE: I'm going to close the public
hearing.
Anymore questions from the board?
MR. LARSEN: I just want to be clear that basically as part of
the county's package they cited Section 105.1 which requires
application to the building officials and obtaining the required permits
Page 64
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September 25, 2008
for electrical work. And I want to make sure that's what, you know, is
the basis of the violation. Is that correct?
MS. SORRELS: That is correct.
MR. LARSEN: I just want to read that into the record.
105.1, any owner or authorized agent who intends to construct,
enlarge, alter, repair, move, demolish or change the occupancy of a
building or structure or to erect, install, enlarge, alter, repair, remove,
convert or replace any electrical, gas, mechanical or plumbing system,
the installation of which is regulated by this code, or to cause any such
work to be done, shall first make application to the building official
and obtain the required permit.
And it's the County's position that was not done; is that correct?
MS. SORRELS: That is correct.
MR. LARSEN: Okay, thank you.
CHAIRMAN LEFEBVRE: Any other questions of the board?
MR. KRAENBRING: Just a comment, I guess. I hate to say it's
much ado about nothing, but I'm kind of seeing it that way.
We have to rely on the County's record, and there is no record of
this being on that original permit. It may have been missed. You
know, it may have been an error of the previous inspector, you know,
back in 1997. But I think that we have to rely on a written record.
It seems to me it would be a simple thing of just getting a permit
and having this thing inspected and having it approved and being done
with it.
I'd like to think that you're not being persecuted. That's really not
part of the case. But I would say how much is a permit for this thing
going to cost? You know, a few dollars and get it done and be done
with it.
MS. SORRELS: I could not answer that accurately, I'm sorry.
MR. KRAENBRING: That's just sort of my opinion as to what
I'm seeing here.
CHAIRMAN LEFEBVRE: Any other?
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MR. KELLY: I have a comment.
If you were to go out today and contract to, let's say, for instance,
have storm shutters put up on your windows and you said, you know
what, I want you to leave this side of the house open because I feel for
whatever reason I can't afford it or I don't want it at this time, but work
commenced and a permit was pulled and the original spec showed that
you were going to do all but one side of the house and at the last
minute you decided, you know what, I'm going to throw in this last
side of the house, I'm going to bite the bullet and I'm going to get it all
done since you're here.
All of that would just be umbrellaed under the original permit.
There wouldn't necessarily need to be a change if the inspector came
out, saw the original layout, saw the work that was done additionally
and approved it. And if he signed off, he's approving all the work
done.
I don't see it much different in this case to where they originally
had a diagram for work to be done on the front of the house, the
customer went out, bought some of the materials needed to do one
more additional post in the back and he threw it in as part of the
original permit and it was signed off.
And that we have proof of, both as an invoice showing that the
contractor did that additional work, and the signature card showing
that the inspector signed it off. I think it was above-board and that
there is no violation.
MR. L'ESPERANCE: Mr. Chairman, have we closed the public
hearing? Is this now under discussion?
CHAIRMAN LEFEBVRE: Yes.
MR. LARSEN: You know, I would tend to agree with my
colleague, except for the fact that the diagrams in the county records
indicate that the work that was originally approved was for the front
yard, it wasn't work in the back yard. And I don't think it's reflected
anywhere in the county records that any work was authorized,
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September 25, 2008
inspected or approved in regard to the rear yard. And that's my
concern.
And seeing that basically there's a water condition back there,
there's unimproved electrical, that there might be a health and safety
issue in regard to this.
MR. L'ESPERANCE: I would echo that comment.
MR. LARSEN: And what I'm concerned is that the County
hasn't had an opportunity to inspect this to ensure that there isn't an
ongoing problem.
Now, you know, I agree that latitude has to be given to the
citizenry in regard to projects that were undertaken in the Nineties and
things like that which have existed for a number of years. But still, I
think that we would be remiss if we didn't ensure that the county had
an opportunity to at least inspect and approve work, whether it was
done by a licensed contractor or otherwise.
And I think in this particular case I'm more inclined to find that a
violation did exist, and just allow them an opportunity to go and get,
you know, a permit and have the county go out there and inspect and
sign off on it so -- to make sure that problems do not arise in the
future.
CHAIRMAN LEFEBVRE: I actually have one more question of
the respondent.
When was the fill for your next door neighbor put in?
MR. CAMP ANELLO: Over the years when we took possession
of our land since 1997, I'd noticed this neighbor was operating a
business without a current occupancy license --
CHAIRMAN LEFEBVRE: No, I asked when was the fill, the 47
dump truck loads of fill put in?
MR. CAMP ANELLO: That started in 1997. They were coming
in Sunday nights --
CHAIRMAN LEFEBVRE: Through when?
MR. CAMPANELLO: Up until the time of his building being
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permitted.
MRS. CAMPANELLa: Till 2003.
MR. CAMPANELLa: 2003 I would say, yes.
Prior to all that, that's why I have all that stormwater. He already
elevated --
CHAIRMAN LEFEBVRE: That was my only question.
MR. KELL Y: The respondent also testified that the pump is
actually a plug-in pump. So it is not hardwired. It's just something
that's plugged in the receptacle.
And I'd be concerned that we might be causing double jeopardy
on the respondent. If it was originally signed off, there was a permit
and inspector (sic) and the inspection says final electrical, meaning the
entire property. That to me says it's been approved.
MS. SORRELS: May I say something?
MR. LARSEN: Well, it seems to me that basically -- and this is
a key question that was just asked by the Chairman.
I mean, basically if these permits were applied back in '97 and
the dump truck work was started to be -- you know, which occurred,
you know, in '97 going forward and the pump was originally installed
to address that issue, that it possibly was installed or done after, you
know, permits were originally, you know, pulled.
CHAIRMAN LEFEBVRE: That's my point. If the dirt was
installed over a period of five or six years, the issue that he stated prior
that it was installed because of the fill, the house wasn't built until
2003 and the fill wasn't installed. So that would possibly show that
after the fill was installed up until 2003 when the pump was installed
at a later period.
MR. KELLY: I've got one more question then for Azure.
When you pull an electrical permit, are you required to specifY
exactly all the electrical outlets and lines that you're going to put in --
MS. SORRELS: Yes.
MR. KELLY: -- at the time?
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MS. SORRELS: Yes.
MR. KELLY: So the fact that this wasn't shown would mean
that the inspector probably never even looked at it in the first place.
MS. SORRELS: Correct.
MR. LARSEN: So, you know, my inclination of course is to find
that a violation did exist. And, you know, when the opportunity
presents itself, that's the motion I'd be making.
CHAIRMAN LEFEBVRE: Mr. Kaufman, you have a comment?
MR. KAUFMAN: Since--
CHAIRMAN LEFEBVRE: If you could bring your mic close.
MR. KAUFMAN: Since you haven't had access to the building,
you wouldn't know whether there's a GFI breaker in there?
MS. SORRELS: Correct. I do not know any of that, correct.
MR. CAMP ANELLO: There is. There is. I can assure you that.
I will have code enforcement come onto my property with counsel
present, if need to be.
CHAIRMAN LEFEBVRE: Any other comments from the
board?
MR. KRAENBRING: I just think what you just said is probably
what we're looking at. If -- just allow them to come onto your
property, you know, and if a permit needs to be pulled, then fine.
MR. CAMP ANELLO: I'll be more than happy to get the permit.
MR. KRAENBRING: That seems to be the answer.
MRS. CAMP ANELLO: But we don't want Azure Sorrels on our
property .
MR. CAMP ANELLO: Yeah, there was a conflict there with my
wife. My wife's going through a severe depression effect. She might
be having surgery --
MR. KRAENBRING: You don't want this --
MR. CAMP ANELLO: I don't want her because of her --
MR. KRAENBRING: You can work that out with the county.
MR. CAMP ANELLO: There is employee harassment, and I do
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September 25,2008
know that's under investigation.
MR. LARSEN: That's far afield.
MR. KRAENBRING: Yeah, that's far afield.
MR. LARSEN: I move to strike.
MR. KRAENBRING: I would --
CHAIRMAN LEFEBVRE: Do I hear a motion?
MR. LARSEN: I move to find that a violation did exist when the
-- when the violation was originally issued.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. KRAENBRING: I'll second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes, there is a violation.
Do I hear a recommendation?
MS. SORRELS: Yes, sir. Collier County recommends that the
respondents pay the operational cost of$86.78 that was incurred in the
prosecution of this case; obtain all required Collier County building
permits/inspections/certificate of completion within 30 days of this
hearing or $100 per day fine will be imposed for each day the
violation remains.
The respondent also has the ability to obtain a demo permit,
remove electrical, obtain inspections and certificate of completion
within 30 days of this hearing or $100 per day fine will be imposed for
each day the violation remains.
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qeptember 25,1'008
And the final would be the respondent must notifY code
enforcement within 24 hours of abatement for an inspection to
confirm.
MR. LARSEN: All right. Number one, it says obtain all
required Collier County building permits, inspections and certificate
of completion within 30 days of this hearing. Is that practical to have a
certificate of completion within 30 days?
MS. SORRELS: I would believe yes. This is not something
that's going to be very detailed in pulling a permit. It's -- you know,
it's a minor electrical through the back yard.
Submit the permit. Once the permit's obtained -- the work's
already done. All they have to do is then call for an inspection. And
if it passes, they'll receive the certificate of completion. If there's
something that holds up it from being passed, they have time to fix it
and then obtain another inspection.
CHAIRMAN LEFEBVRE: I'd just like to see that operational
costs are paid within 30 days also.
Any other comments?
MR. LARSEN: How much are the operational costs?
MR. DEAN: 86.78.
MR. LARSEN: 86.78.
I would just think that basically, you know, the 30 days may be a
little too short in time.
MR. KRAENBRING: I think that -- let me just ask something of
Diane.
There seems to be some animosity here between, you know, the
County and the respondent. We don't want to tell you how to do your
business, but is it possible that someone else is going to be able to go
out there and --
MR. DEAN: See, now, I don't agree with that statement, sir,
because for the simple reason she was doing her job. And I think if
she got on the property to start with, we wouldn't be here.
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MR. KRAENBRING: I'm just saying--
MR. DEAN: So -- but she's doing her job and that's her territory,
so --
MR. L'ESPERANCE: I don't think we should second guess the
MR. DEAN: And it's not up to us to make that decision.
MR. L'ESPERANCE: -- management ofthe code enforcement
board employees.
CHAIRMAN LEFEBVRE: One person at a time.
MR. L'ESPERANCE: I don't think we should second guess the
management of the code enforcement board employees.
MR. LARSEN: I have to agree with Mr. Morgan (sic).
MR. KRAENBRING: Okay. I'm just trying to say, you know, if
the situation can be diffused, then --
MR. DEAN: That's not our--
MR. KRAENBRING: As I said, I don't want to tell people how
to do their job, but obviously there's some animosity here, and I think
we all just want to get along.
As far as the time frame is concerned, are we looking at allowing
it more time?
MR. LARSEN: I'm just concerned with the current state of
affairs where there's been budget cuts in the county and, you know,
there may be delays in inspections and permits, I think 30 days is a bit
short.
CHAIRMAN LEFEBVRE: What is the time frame that you're
looking for?
MR. LARSEN: I would say 45 days. That would give them a
full month and a half.
And I'd feel comfortable making a motion to approve the
recommendation.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. DEAN: I'll second that.
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fe~e~~~r t~, 20~
CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
MR. CAMPANELLO: Can Ijust put one comment on record,
please, for my protection as a homeowner?
Due to South Florida Storm water, I have requested them to come
out to see why my neighbor could dump all his storm water onto my
land and cause health issues.
CHAIRMAN LEFEBVRE: That's irrelevant to this case.
MR. CAMP ANELLO: Well, I'd like to find out to see if Diane
Flagg would have her presence with my attorney --
CHAIRMAN LEFEBVRE: You can talk to her after --
MR. CAMP ANELLO: -- to get this all resolved. Because this is
harassment by county employees.
MR. HAMILTON: That's okay.
Thank you.
MR. KELL Y: Gerald, also you're going to clarifY that that was
the acceptance of the county with 30 days for the op. costs and 45
days instead of 30 for the time frame?
CHAIRMAN LEFEBVRE: Correct.
You understand, sir, you have 30 days to pay the operational
costs.
MR. CAMP ANELLO: I'll do it right now.
CHAIRMAN LEFEBVRE: 86.78. And then 45 days to go
ahead and get permits and the CO.
MR. CAMP ANELLO: I'll do it right now. But the exception is if
there's water back there in the next storm, am I supposed to leave it
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September 25, '200s-'
there to have it inspected why all this water came onto my land?
MR. HAMIL TON: Come on.
CHAIRMAN LEFEBVRE: We're done.
MR. HAMIL TON: We're done.
MS. SORRELS: Thank you, gentlemen.
MR. HAMIL TON: Thank you.
MR. CAMP ANELLO: Health, safety and welfare by the judge --
I mean by the county --
CHAIRMAN LEFEBVRE: Sir, that's it.
Can I have the package from --
MS. RAWSON: Be sure you guys give all the exhibits to the
court reporter. I see she doesn't have a lot on her desk.
CHAIRMAN LEFEBVRE: Next case will be BCC versus Susan
B. Williams.
Is the respondent present?
(Speaker was duly sworn.)
MS. WALDRON: This is in reference to Department Case No.
2007060820, BCC versus Susan B. Williams.
F or the record, the respondent and the board were sent a packet
of evidence and we would like to enter the packet of evidence as
Exhibit A.
CHAIRMAN LEFEBVRE: Do I hear a motion?
MR. KELLY: I make a motion to accept the packet.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. DEAN: Second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
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September 25, 200(
MR. L'ESPERANCE: Aye.
MS. WALDRON: Violation of Ordinance 04-41, Collier County
Land Development Code, as amended, Section 1O.02.06(B)(l )(a),
1O.02.06(B)(l)( e), 10.02.06 (B)(l)( e )(i).
Description of violation: Remodel of the bathroom, adding a
bathtub and removing a closet and shower without Collier County
building permits.
Location/address where violation exists: 1705 Tarpon Bay Drive
South, Naples, Florida, 34119.
Name and address of owner/person in charge of violation
location: Susan B. Williams, 18519 Bear Creek Terrace, Leesburg,
Virginia, 20176.
Date violation first observed: 10/16/07.
Date owner/person in charge given notice of violation: October
16th, '07.
Date on/by which violation to be corrected: November 15th, '07.
Date of reinspect ion: 6/4/08.
Results of reinspection: Violation remains.
At this time, I would like to call Code Enforcement Board
Investigator Patrick Baldwin.
MR. BALDWIN: Good morning. For the record, Investigator
Patrick Baldwin, Collier County Code Enforcement.
This is in reference to Case No. 2007060820, and it's dealing
with the violation of unpermitted remodel of the bathroom, adding a
bathtub and removing a closet. And it's actually to put the shower
from one side of the room over to the other room.
And it's located at 1705 Tarpon Bay Drive South, Naples,
Florida.
Service was given on 10/16/07. The green card was delivered to
Leesburg, Virginia on 10/22/07.
I would like to present my case evidence and the following
exhibits. I have two photographs that were taken on 10/16/07 of the
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September 25,2008
bathroom. They are B-1 and B-2.
CHAIRMAN LEFEBVRE: Do I have a motion to accept Exhibit
A (sic) from the county?
MR. KELL Y: Motion to accept Exhibit B.
MR. PONTE: Second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion is approved.
MR. BALDWIN: I also have C-l, composite C-l. And that
would be a signed statement by Building Inspector John Clements.
And also the master plan of the Caymans Community. And that
should be included there as well.
CHAIRMAN LEFEBVRE: Oh, it's included here? Okay.
MR. LARSEN: How did this come to the attention of the
county?
MR. BALDWIN: This was brought forth -- it came in by the
building department. It was a former inspector, a plan reviewer for
plumbing and mechanical, Dick Schmidt. He came in and brought it
to my attention.
He lives in the community and the house was being sold, and he
went in there, or someone went in there, and found that the house does
not look like all the other ones in the development.
So after pulling the master plans, it was determined that yes, the
bathroom is different, and it was remodeled sometime after.
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The house was C.O.'d in 9/8/2003. The final plumbing happened
on 8/21/2003. Then John Clements has that signed statement there.
He's the one that signed off on the bathroom at that time.
The house was bought on 9/22/08 (sic). And Susan B. Williams
is the one that bought the house. She -- prior to having purchased the
house, she asked for some changes made to the bathroom. They were
made. Unfortunately WCI did not pull the permits for those additions,
remodeling of the bathroom and the bathtub and the showers.
MR. LARSEN: All right. So it's a WCI community.
MR. BALDWIN: Correct.
MR. LARSEN: And WCI did the work and they didn't pull the
permits, and she went in there -- and Ms. Williams bought the condo
and then put it up on the market, and somebody saw that the bathroom
wasn't properly configured and it came to the county's attention.
MR. BALDWIN: Correct. Which she is unaware that WCI
never pulled the final permits.
MR. LARSEN: And have you had communication with Ms.
Williams?
MR. BALDWIN: Yes, off and on. For the last year we have had
communication.
The last time I spoke to her back in January she stated that she
was trying to get a contractor to pull the permits. But she travels back
and forth. Apparently she has an important job and she hasn't been
down there since. I have made several phone calls since then and she
has not returned my phone call, so that's why we're here today.
MR. LARSEN: All right. And you've looked over the county
records and when WCI originally filed for the permits. Basically it
was configured in a different form.
MR. BALDWIN: Correct. That's why I submitted with the C-l
the master plan ofthe house. It shows the closet and the bathroom to
the right. And when you look at the photographs looking in, there's
clearly a whirlpool/bathtub, no closet, and the shower is over to the
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September 25, 2008
left with a small closet.
MR. LARSEN: So this person is caught in the middle.
MR. BALDWIN: Correct.
MR. KRAENBRING: So when the house was built, it was built
with this alteration.
MR. BALDWIN: When the house was originally built, it was
built to the master plan that WCI submitted to the county. After it was
C.O.'d on 9/8/2003, after it was C.O.'d, sometime between then and
9/22 the remodel of the bathroom took place.
MR. KRAENBRING: WCI performed this remodel?
MR. BALDWIN: To the best of my knowledge, yes.
MR. DEAN: You know, a lot oftimes a buyer will get a credit to
finish, because it looks like a nice tile floor bathroom, and it's not a
common thing that they would provide. So they give them a credit
and then they go to their own contractor and finish it.
So it doesn't mean WCI did it, it means they might have had their
own contractor do it.
MR. KAUFMAN: When did you say she purchased this
property?
MR. BALDWIN: 9/22/08 (sic).
MR. KAUFMAN: You sure that's -- 9/22/08?
MR. BALDWIN: I'm sorry, 9/22/07, correct, sir. 9/22/07.
MR. KAUFMAN: She didn't buy it yesterday.
MR. BALDWIN: Right. Sorry.
CHAIRMAN LEFEBVRE: 9/22/03.
MR. BALDWIN: Again, let me make a correction. She
purchased the property in 9/22/03, roughly 14 days after the house
was C.O.'d on 9/8/2003.
MR. LARSEN: This is a familiar quandary where we have a
large builder like WCI who mayor may not be responsible for the
reconfiguration which deviated from the plans. And a homeowner
who of course is, you know, not a full-time resident of Collier County.
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September 25;1008
But the problem is that basically we have an unapproved
improvement to the property. And, you know, without proper permits
and inspections, we do not know if it was done correctly or not. So it
appears that to my mind at least that a violation does exist.
CHAIRMAN LEFEBVRE: Any other comments from the
board?
MR. DEAN: Well, let me just add to that. I feel the same way,
because of the fact that I know out there that a lot of builders will give
a credit to a buyer that wants to finish it in a more professional
manner, more expensive tile. So they give them a credit. So I've
known some cases like this.
CHAIRMAN LEFEBVRE: But this is a little more than tile.
This is something that a homeowner would probably not do
afterwards. Because there's issues with the slab and everything. You
would have to dig up the slab and so forth. That's usually not what a
credit is given to. Like you said, a credit is given for tile and so forth.
Being in the business, I know that.
But to reconfigure walk-in closets and moving a tub, that would
be more than likely done prior to someone taking occupancy.
And unfortunately it's the owner's responsibility to make sure it's
correct.
MR. LARSEN: Right. And that's the problem we have with Ms.
Williams. She was probably acting in good faith, was not aware that
permits were not obtained, but she is the owner and she is ultimately
responsible. And it's unfortunate, but that's the law.
So I would make a motion to find that a violation does in fact
exist.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. PONTE: I will second.
MR. DEAN: I'll second the motion.
CHAIRMAN LEFEBVRE: All those in favor?
MR. DEAN: Aye.
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September 25, 2008
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Any nays.
MR. KRAENBRING: Nay.
MR. LARSEN: Recommendation?
MR. BALDWIN: That the CEB order the respondent to pay all
operational costs in the amount of $87.44 incurred in the prosecution
of this case within 30 days of this hearing and abate all violations by:
One, applying for and obtaining all Collier County after-the-fact
building permits for improvements. Must execute all issued permits
so as to obtain all required inspections through to issuance of a
certificate of completion within 120 days of this hearing or a fine of
$200 a day will be imposed until the violation is abated.
Two: Or in the alternative, must obtain a Collier County
demolition permit for the removal of all non-permitted additions and
improvements, remove all material from the property, and to request
all inspections through the issuance ofthe certificate of completion
and so as to restore the premises to the state of compliance within 120
days of this hearing or a fine of $200 a day will be imposed until the
violation is abated.
Three: The respondent must notify the code enforcement
investigator when the violation has been abated in order to conduct a
final inspection to confirm abatement.
CHAIRMAN LEFEBVRE: A comment. Is there any way to get
around the after-the-fact permit fees, due to the fact that this was not
even remotely in her control? Is that at all possible?
MR. BALDWIN: I believe that would be up to the building
department.
CHAIRMAN LEFEBVRE: Building department, okay.
Page 80
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September "25, 2ds
And I think that the $200 a day is quite excessive.
Any other comments from the board?
MR. PONTE: I agree with you about the fine.
MR. LARSEN: Well, I don't know if the term excessive is
appropriate. If you're asking it to be reduced, perhaps you can provide
a number to which you think it might be more appropriate.
MR. PONTE: I think $] 00 would be much more appropriate.
CHAIRMAN LEFEBVRE: I think $100 is still a little bit on the
high side, but I would be --
MR. KELLY: I would think $50. And, you know, if they're four
times the amount that I see as appropriate, I would consider that
excessive.
MR. KRAENBRING: $50 is exactly what I was thinking. And
120 days is fine.
My sense of it is that this probably will just go right through.
Probably professional work is probably done by the builder and
somehow she's caught in the paperwork here.
MR. LARSEN: Well, I think I'd support a motion for $100 per
day.
CHAIRMAN LEFEBVRE: Just another I guess statement of
fact. She may be able to provide some documentation showing that
these changes were asked of the builder. Usually that is written in like
a sales purchase contract. Or there may be some kind of plan that she
can provide to show that she -- this is the way she wanted the
bathroom configured.
So maybe going to the building department with that, showing
that WCI did the work, that might streamline the building process, I
would think.
MR. LARSEN: She might be able to go back to WCI and ask.
Well, they're in some kind of reorganization, I think.
CHAIRMAN LEFEBVRE: Right.
MR. LARSEN: I don't think that would work.
Page 81
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---';J. "4 l;"
Septe~ber J5, 2088
CHAIRMAN LEFEBVRE: But usually something of this
magnitude to be changed would be written down somewhere. And
usually it's changed in a -- some kind of format.
But we have a motion. Do we have a second?
MR. KRAENBRING: Actually, we --
MR. LARSEN: I don't know if we have a motion.
MR. KRAENBRlNG: Yeah, I make a motion that we accept the
county's recommendations, with the change to the fine being $50 per
day on both items number one and two.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. KELLY: Second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRlNG: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
MR. BALDWIN: Thank you.
CHAIRMAN LEFEBVRE: Next case will be BCC versus Israel
and Delma Gallegos.
(Speakers were duly sworn.)
MS. WALDRON: This is in reference to Case No. 2007060101.
F or the record, the respondent and the board were sent a packet
of evidence, and we would like to enter the packet of evidence as
Exhibit A.
MR. KELL Y: Make a motion we accept the packet.
CHAIRMAN LEFEBVRE: Do I hear a second?
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Septembef25, 2008
MR. PONTE: Second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
MS. WALDRON: Violation of Ordinance 04-41, as amended,
the Collier County Land Development Code, Sections
1 0.02.06(B)(1 )(a), 1 0.02.06(B)(I)( e), and 1 0.02.06(B)( e )(i).
Description of violation: Multiple additions built onto structure
without first obtaining proper Collier County permits.
Location/address where violation exists: 1318 Pair Street,
Imokalee, Florida, 34142.
Name and address of owner/person in charge of violation
location: Israel and Delma Gallegos, 1318 Pair Street, Immokalee,
Florida, 34142.
Date violation first observed: June 1st, 2007.
Date owner/person in charge given notice of violation: June 8th,
2007.
Date on/by which violation to be corrected: July 8th, 2007.
Date of reinspection: June 26th, 2008.
Results of reinspection: Violation remains.
At this time, I would like to call Code Enforcement Investigator
Jon Musse.
MR. MUSSE: Good morning. For the record, Investigator
Jonathan Musse, Collier County Code Enforcement.
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September 25, 2~
This is in reference to Case No. 2007060101 dealing with the
violation of unpermitted --
CHAIRMAN LEFEBVRE: Speak a little more slowly, please.
MR. MUSSE: I apologize.
Located at 1318 Pair Street, Imokalee, Florida, 34142.
Personal service and notice of violation was given on June 8th,
2007.
I would like to present case evidence in the following exhibits:
B-1 through 10. Property owner did get copies.
CHAIRMAN LEFEBVRE: Do I hear a motion?
MR. DEAN: Motion to accept.
MR. KELLY: Second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
MR. MUSSE: On June 1st, 2007, received this case as a
complaint stating that the property owner added onto the structure
without first obtaining permits.
Upon my arrival observed construction debris on the ground, and
also observed obvious additions on both sides and rear of mobile
home, and addition to the shed that was converted into a guest house
for migrant workers.
Spoke to a gentlemen that was working under the bus and asked
him ifhe was the property owner. He stated that he was a tenant that
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September 25, 20~
lived in the rear of the property, but the owner lives in the main house.
I then spoke to Delma Gallegos and explained the complaint.
She stated that she wasn't aware of any unpermitted additions,
but her husband might know something but he isn't home at this time.
I then gave her my card with my contact information and asked
for her husband to give me a call as soon as possible.
Conducted some research on the property and was only able to
find one permit. Permit No. 75-1930, for a 14 by 25 room (sic)
addition onto a mobile home.
If you look at the picture of the aerial shot, the orange is the
actual mobile home. To the side is the shed. That was the original
structure_
Right over here -- on the property card it did not state what
exactly was permitted. All it gave me was measurements, 14 by 25.
I asked the property owner. He couldn't remember because it
was such an old permit. So I took measurements of this structure and
it added up to 14 by 25. We're assuming that that's the permitted
structure, addition.
And the rest of the property is unpermitted.
June 8th, 2007, on-site I spoke with Israel Gallegos and
explained the violation. He informed me that he has placed his son in
charge of his property and asked me if I could wait for him to arrive.
About 15 minutes later I met with Jacob Gallegos, son of the
property owner. I explained the violation and informed him that he
would need to get -- go to the building and permitting department and
obtain a permit for all the additions, if permissible.
Notice of violation was served and signed by Jacob Gallegos,
who stated earlier that he lives at this residence.
September 4th, 2007, violation remains, no permits have been
issued at this time. Called Jacob Gallegos. He stated that he went to
the building and permitting office and was still confused on how to
obtain a permit for the additions.
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I decided it would be best to schedule a meeting with Mr.
Gallegos in the building and permitting department.
September 12th, 2007, received an e-mail from Carol Stachura
from permitting and building. Invited me for a permit meeting on
September 14th.
September 14th, 2007, met with Maria Rodriguez of permitting
and Jacob Gallegos in the Immokalee office. She informed him that
he would need to obtain engineered drawings for all the unpermitted
additions and obtain permits for them, if permissible.
If permit could not be obtained he would have to obtain the demo
permit and remove the additions that are in violation.
Mr. Gallegos stated that he will speak with his father and make a
decision.
October 26th, 2007, went on the site, took current pictures of the
violation. Spoke with Israel Gallegos. Asked if we could take
pictures of inside the unpermitted additions. He stated -- from inside
of the house.
He said that he doesn't feel comfortable without the presence of
his son. He attempted to get in contact with his son but wasn't able to
get ahold of him.
Case was scheduled to appear before the Board of County
Commissioners on November 12th, 2007.
November 12th, 2007, case was presented before the Board of
County Commissioners. The board recommended code enforcement
to hold off on sending this case to the Code Enforcement Board for at
least six months and have the property owner get in contact with Rick
Heers ofIHOPE to see if they're eligible to get a new mobile home.
Continue to monitor the property with the violation remaining.
September 12th, posted notice of hearing on the property and
courthouse. Conducted a site inspection September 23rd. Violation
remains, no permit has been issued.
That concludes my --
Page 86
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September 25, 2008
CHAIRMAN LEFEBVRE: Go ahead, sir.
MR. JACOB GALLEGOS: Yeah, we realize that we're in
violation. We understand all that. I've worked -- I haven't worked
closely with Mr. Jim Coletta when we went to the Board of County
Commissioners. He said he would work with us. I've gone out to the
Chamber of Commerce, I've met with him a couple of times -- well,
few times within the last eight months.
I've met with Mr. Rick Heers. IHOPE is saying they don't have
funding just yet to help us out, because it's kind of like a little
complicated situation. My dad doesn't -- he didn't work for the
county, he didn't have ajob to where he can reach into a 401-K and
take care of this matter within six to 12 months.
So what we're asking is, or what I'm asking is, is there any way
we could get a little bit more time? Because I talked to Mr. Rick
Heers, which is in charge ofIHOPE. We know we're in violation, we
understand that. We want a little more time to see iflHOPE can help
him out.
He -- currently he's employed by me, because I own a small
business in lmmokalee. I'm a new small business owner. I pay his
medical bills, I pay everything for him. So it's more of a financial
crisis than not wanting to get this corrected.
I'm asking for more time, see ifIHOPE can help him out.
CHAIRMAN LEFEBVRE: How much time are you looking
for?
MR. JACOB GALLEGOS: Okay, I had one scenario. I was
asking to see ifI could get to next May, and let me explain why I say
that.
He had a large family. I have a lot of brothers and sisters. I've
gone to Plan B and I've gone to them, I've gotten with them and I said
hey, look, this is the situation. This is where he's at.
And before I get to that, I had to sell my house back in May of
last year to move in with him to help him out, the medical situation
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with him and my mom and all that. So I pay most of his bills, his
water bill, everything for him.
I've gone Plan B. I would hope to get to next May. And I say
this -- this is why I say that. Because tax season comes in. I've gotten
two quotes from Freeman and Freemen Construction and YEI, another
company, about demolition. Because one of the choices is either
demo some of the building and get the rest of it engineered. The
costing is anywhere from 10 to $15,000. And I don't have money to
pull that out right now just to write a check to someone, you know,
within this time frame. I know I'm not going to have that money. So I
was hoping till next May, you know.
And after that, whatever happens happens. Because income tax
season comes in. I've asked my brothers and sisters, said hey, can
everyone individually give me $1,000 so I can take care of this matter.
Whether it's demo, whatever our option is at that time.
If -- best case scenario is IHOPE steps in and helps us out. You
know, I've spoken to Jim Coletta a couple times, a few times down at
the Chamber of Commerce in lmmokalee, and he said, you know, just
to keep talking and working with Rick Heers.
So that's kind of where we're at.
MR. LARSEN: Mr. Chairman, may I ask a question of the
respondent?
CHAIRMAN LEFEBVRE: Absolutely, yes.
MR. LARSEN: Okay. From what I gathered from the officer's
testimony was there was originally a mobile home here?
MR. JACOB GALLEGOS: Right.
MR. LARSEN: And was it your father that built up and around
the mobile home?
MR. JACOB GALLEGOS: Yeah. Him and his brothers, yes.
MR. LARSEN: Okay. And when they built around the mobile
home, what, did they add on living space, storage space? What kind
of space did they add to the mobile home?
Page 88
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MR. JACOB GALLEGOS: Well, first it was living -- well, he
can answer it but, I mean, I've lived there most of my life. Most of it
was say you build a storage space. Well, when you have a large
family -- see, he had nine kids. There's nine of us. And then his
brothers. You're talking about 1975. And out in lmmokalee, I mean, I
can just -- I know how it is today. I can just imagine how it was back
in 1975.
It became living space because, you know, nine kids, all of a
sudden you have 15 people in the household, 20 people in the
household. It's a different situation back in 1975 than it is today.
So it was first built as storage space, but as time moved on all of
a sudden it became a bedroom. Because that's--
MR. LARSEN: And is there electrical service to those rooms?
MR. JACOB GALLEGOS: Yeah. Most of them there is.
MR. LARSEN: And do you know who did that electrical
service?
MR. JACOB GALLEGOS: Who's that --
MR. ISRAEL GALLEGOS: Sam Baker.
MR. JACOB GALLEGOS: Sam Baker. He used to be a
contractor out there in lmmokalee.
MR. LARSEN: And is there plumbing, water service to that?
MR. JACOB GALLEGOS: Just to the restroom. Not to the
rooms or anything like that, just to the restroom.
MR. LARSEN: All right. And is it only family members that
are living there now, or are there non-family members?
MR. JACOB GALLEGOS: No, it's just me and my kids and my
mom and dad.
MR. LARSEN: Okay.
CHAIRMAN LEFEBVRE: From the investigator's testimony,
he did say that he spoke to a person who stated that he was a tenant in
one of the units there.
MR. MUSSE: I have spoken to Mr. Gallegos about that and
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September 25, 2CJ'l'lS
informed him that since it's an unpermitted structure, he's not allowed
to have any migrants living in there, and he has removed them.
MR. JACOB GALLEGOS: It was a few guys that does odd jobs
for me, for my business, you know, the farm workers and stuff like
that. They did -- they would live there. You know, I would give them
a break. So that's -- I mean, it's a large house. I'm not going to sit
here and say it's not. I'm not here to say no, I'm not in violation. I
know I'm in violation. I'm just trying to buy some time to -- you know,
it's a big financial cost, I don't -- to get an engineer. I've started to
work with Freeman and Freeman now. And, you know, I'm just -- I'm
hoping --
CHAIRMAN LEFEBVRE: Any other questions from the board?
MR. KRAENBRING: I would just say that it's apparent from the
county and the respondent that a violation does exist. It's just going to
be a matter of when we get the county's recommendations how much
time we can afford this gentleman to --
CHAIRMAN LEFEBVRE: Are you making a motion?
MR. KRAENBRING: -- correct it.
I make a motion a violation does exhibit.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. PONTE: I second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
Page 90
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September 25, 2008
County recommendation.
MR. MUSSE: The county recommends respondent to pay
operational costs in the amount of $86.45 within 30 days of this
hearing incurred in the prosecution of this case, and abate all
violations by: Obtain a Collier County building permit for all the
additions and obtain all inspections, certificate of completions within
120 days of this hearing or a fine of $200 a day will be imposed until
violation is abated.
Or obtain a Collier County demolition permit, inspections and
certificate of --
THE COURT REPORTER: Slow down, please.
MR. MUSSE: Still too fast? I'm sorry.
Obtain a Collier County demolition permit, inspections and
certificate of completions within 120 days of the hearing or a fine of
$200 per day will be imposed until violation's abated.
Respondent must notifY code enforcement within 24 hours of
abatement of the violation and request the investigator to perform a
site inspection to confirm compliance.
MR. KELLY: I have a comment for the board. A little insight.
As chairman of the Affordable Housing Commission, I am familiar
with IHOPE's application. I can't tell you obviously the status of it,
but that they have submitted for funds.
There's also DR! or Disaster Recovery Initiative funds that are
available to Collier County, and there's of course SHIP funds. And
one of the most active parts of the Housing and Human Services
Department is the rehab program.
Depending on income qualifications, there are a number of
avenues that the respondents can take to try to help this situation.
However, all of them are going to take a significant amount of time;
much more than the 120 days suggested.
MR. DEAN: You know, I think most ofthe time we care a lot
about health and safety issue. And it's always on our minds, and I
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September 25,2008
know as we talk all the time, because there's some additions put on
there, there's some wiring done, and you're always worrying about a
fire if it's not done properly. That's always my main concern.
So -- and I'm sure that the board members have that same
concern, as we all do. So -- and that would be my main concern that
-- your statement. I'd be happy to help you, but I just have a problem
with safety issue. Thanks.
MR. KRAENBRING: Mr. Kelly, what do you think would be an
appropriate time frame, considering your insight knowledge of these
funding?
MR. KELLY: Well, obviously it all rests on whether or not he
qualifies for any of those programs.
But I can tell you, we're going into a new cycle. If funds are
appropriated he probably would not be able to use them for at least six
months and then probably another six months after that before
construction could be completed.
CHAIRMAN LEFEBVRE: What is the board's -- any other
board members?
MR. L'ESPERANCE: We have to keep in mind that no matter
what the time period or time frame is we have on this particular
recommendation from the county, that it can always come back to us
after the accomplishment or not accomplishment of the construction
process, and we can mitigate this order.
CHAIRMAN LEFEBVRE: Any other comments from the
board?
MR. PONTE: No, I think we have to take very seriously the
professional opinion and observations made by our colleague, who is
on several boards.
And I would think then that one year is not unrealistic in this
case. And I think the $200 fine per day is excessive in this case. It's
just unrealistic.
MR. LARSEN: I agree that the $200 per day is unrealistic. I do
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September 25, 20~
agree.
My concern, however, is basically they have a history of having
migrant workers in the house. That, you know, this has been going on
quite a while. It seems like it's a substantial violation.
We do not know if they quality for these different programs. I'm,
you know, flexible on 120 days, but I would not like to see this go out,
you know, so far that we lose track of it.
MR. PONTE: Well, the only point is that Ken has mentioned
that you would not have funding for at least six months; is that
correct?
MR. KELLY: That's correct.
MR. DEAN: I'd like to add one thing. Don't forget, the first
violation was June, '07. This is September, '08, you know. And
nothing -- it still remains, so -- they were notified over a year ago and
it's still the same way.
MR. L'ESPERANCE: I don't think we should lose our sense of
urgency when it comes to the safety and welfare issue that you were
speaking of earlier. And if we extend this too long, I think we reduce
the amount of urgency and concern we have over the safety and
welfare issue. And again, we can come back and revisit this when
something is accomplished.
MR. LARSEN: Yes, I agree. And I appreciate Mr. Morgan (sic)
pointed out that the original violation was observed on June 1st, 2007.
CHAIRMAN LEFEBVRE: I think six months. Then if they
come in front of us again in six months and see what the progress is
would be a good way to keep them in front of us.
And also reducing the fine from 200 to maybe $100 a day.
MR. LARSEN: I agree with that. I do. I think that's a fair--
CHAIRMAN LEFEBVRE: Do I hear someone making a
motion?
MR. KELLY: Well, if they're asking till May, do you want to
give them until the end of May? That's just another month and a half
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September 25,2008
or so.
MR. JACOB GALLEGOS: Please?
CHAIRMAN LEFEBVRE: We can possibly give them until our
May hearing.
MR. LARSEN: I think that's fair, sure. I believe that's an
appropriate suggestion. I do not know when the May hearing is, but I
guess we can just say until the date specified in May for this board.
CHAIRMAN LEFEBVRE: Jean, we usually give a date specific
instead of --
MS. RAWSON: We do.
CHAIRMAN LEFEBVRE: -- meeting specific.
MS. RAWSON: I can only guess what Thursday that would be
in May, but I'm sure they haven't worked out the schedule yet. They're
very efficient, but --
MR. LARSEN: Oh, they wouldn't be coming back on the
calendar in May, would they?
MS. RAWSON: They might. It would be May 21st.
CHAIRMAN LEFEBVRE: So if we give -- that would be about
seven months out, eight months out?
MR. KELLY: Seven and a half.
CHAIRMAN LEFEBVRE: Give them eight months out and --
MR. LARSEN: That's fine.
CHAIRMAN LEFEBVRE: -- that would give them past our
May meeting, correct?
MR. LARSEN: And your suggested motion was $100 per day?
CHAIRMAN LEFEBVRE: It wouldn't be my motion, it would
be someone else's.
MR. PONTE: It was my suggestion.
CHAIRMAN LEFEBVRE: It was Mr. Ponte's suggestion.
MR. LARSEN: It would be $100? Okay.
CHAIRMAN LEFEBVRE: Do I hear a motion?
MR. LARSEN: I guess Mr. Ponte, do you want to make the
Page 94
le~eLbt 25~00s3
motion?
MR. PONTE: I think you have it all right there.
MR. LARSEN: Okay. I'd make a motion that the penalty be
imposed -- or the recommendation of the county be amended to give
the respondent until May 21 st, 2009 in order to obtain the building
permit or to obtain a Collier County demolition permit be extended
until May 21 st. And that a fine of $1 00 per day be imposed until the
violation is abated. I so move.
MR. L'ESPERANCE: I'll so second.
CHAIRMAN LEFEBVRE: The respondent must notity the code
enforcement investigator within 24 hours of the abatement in order to
MR. LARSEN: Right, all other parts of the recommendation,
with the exception that the operational cost be paid within 30 days
remain the same.
MR. L'ESPERANCE: Second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRING: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Any nays?
MR. DEAN: Nay.
CHAIRMAN LEFEBVRE: One nay.
MR. KELLY: Also, if! may, I'd like to add that invite the
respondents to participate in an open house down at the Housing and
Human Services Division. And I've written the date and the time on
the back of this, if you'd like to pass it on.
MR. JACOB GALLEGOS: Appreciate that.
CHAIRMAN LEFEBVRE: All right, next case will be BCC
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September 25, 2008
versus D.C. KerckhotfCompany.
MR. KELLY: Jean, I need one of those handy-dandy forms, as I
need to recuse myself. Kerckhoffs our customer.
MR. L'ESPERANCE: And I need to recuse myself also, so we'll
need two, Jean.
CHAIRMAN LEFEBVRE: Mr. Kaufman will be voting on this
case and this case only.
MS. WALDRON: For the record, also, they have agreed to a
stipulation agreement.
CHAIRMAN LEFEBVRE: Okay. Well, we're able to break Mr.
Kitchell Snow of talking too fast so --
MR. SNOW: My reputation precedes me.
(Speaker was duly sworn.)
CHAIRMAN LEFEBVRE: Mr. Kraenbring is going to be
stepping out for a minute. He's not feeling well.
So would it be proper that he not vote until the next --
MS. RAWSON: So let's be sure we have a--
CHAIRMAN LEFEBVRE: We have a quorum.
MS. RAWSON: -- quorum.
CHAIRMAN LEFEBVRE: Yes, we do. We have four.
MR. DEAN: Five.
CHAIRMAN LEFEBVRE: Five. Thank you. I can't count.
Five voting members. So we should be fine.
MR. SNOW: For the record, Investigator Kitchell Snow.
This is Case No. 2007090683.
We have reached an agreement between the county and
respondent as follows: They're to pay operational costs in the amount
of$91.07 incurred in the prosecution of the case within 30 days.
And two: A, to submit for and obtain an improved site
development plan within 180 days of the date of the hearing or a fine
of $250 a day will be imposed until such time the site development
plan is obtained, or cease utilizing said property by removing all
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September 25, 2008
storage, machinery, sheds, et cetera, and return the property to its
original state within 180 days of the date of the hearing or a fine of
$250 a day will be imposed until said property is returned to its
aforementioned state.
And 2-B is: The respondent must notifY the code enforcement
investigator within 24 hours when the violation has been abated in
order to conduct a final inspection to confirm abatement.
MR. LARSEN: Supervisor Snow, what is the violation?
MR. SNOW: The property is being utilized without first
obtaining a site development plan. He's rented the property for quite
some time, but it's never been approved for any use. It's vacant
industrial. And he needs to have a site development plan to use that.
MR. LARSEN: And what is he using it for?
MR. SNOW: Usually storage of machinery, storage of product.
And he does have some unpermitted sheds on there.
Depending on what he wants to do with that property is going to
determine how long the site development plan's going to take, what
his engineer submits.
My initial feeling is the 180 days is okay, but I have advised him
and his counsel that if they approach the 120, 140-day mark and they
don't see a whole lot of progress because of the submittal process, then
we request them to come back to the board to resubmit for more time
to accomplish this. But 180 days is sufficient.
MR. LARSEN: Where is Elsa Street, Naples?
MR. SNOW: It's in the Industrial Park, sir, up off of Pine Ridge.
MR. PONTE: I have a question for you, Investigator.
In the order to correct the violations, you asked the respondent to
cease and desist business activities, but that's not here in this stipulated
agreement.
So 180 days seems very lenient indeed to me if the order to
correct violation was going to be cease and desist business activity.
MR. SNOW: Well, sir, we're asking him to -- as long as he's
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.. , , "
submitting for the site development plan, and he has submitted
already, he has applied, so he's in that process. So either he has to
continue with that process or remove anything he's got on there. He's
not actually conducting business from that site, he's using it for
storage. He's got some sheds on there. So technically he could
remove all that off of there and it would be fine.
He's not having customers come on that. That's for employees.
He's just storing product on there. He has a couple sheds and he has
machinery on there.
MR. PONTE: Okay, thank you.
MR. LARSEN: Do I read this correct? What is the size of the
property? It seems -- a legal subdivision, it says 100 acreage?
(Mr. Kraenbring enters the boardroom.)
MR. SNOW: Let me look, sir. It is a large parcel on there.
It's 2.45 acres.
MR. LARSEN: 2.45 acres.
MR. SNOW: And again, depending on his utilization, what he
wants to utilize that for, is going to determine how long and how
expensive his site development plan is going to take. And he has
applied already. He applied in February for the site development plan.
But it's just no progress on it.
MR. LARSEN: And during this period of time, what is going to
be the status of the activity on the property?
MR. SNOW: It continues in the same status. It's got the sheds
on there.
And again, this is typical when they are applying for a site
development plan. The county allows them to continue to utilize that
property, as long as they're progressing toward an end.
MR. LARSEN: And the nature of the activity is heavy
machinery and storage?
MR. SNOW: Storage. Storage of product, machinery. He's got
a few sheds on there.
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September !5, 2008 .
And again, there's no customer contact. There doesn't look to be
any electricity on the back of that property. He purchases -- he's got a
property in the front. It would be landlocked, except that he owns that
property in the front so he has access directly to that property.
MR. LARSEN: And there's no problem with the property in the
front, this is just --
MR. SNOW: No, this is just the property in the rear.
MR. LARSEN: So there is no problem with ingress or, you
know, exit from the property?
MR. SNOW: No. No, sir.
MR. LARSEN: It all goes through his.
MR. SNOW: No, that's fine. The property in front is in
compliance, it's just the property in the rear.
MR. LARSEN: Okay. And the stipulation is where?
CHAIRMAN LEFEBVRE: (Handing.)
MR. KAUFMAN: Is there any reason for a stipulation to show
$250?
MR. SNOW: That's a -- it's a land use issue. And this case has
gone on quite some time. Again, we're talking February when the
application was submitted.
And we don't want to impose any undo hardship on any client.
It's just a little incentive to go ahead and let's get this done. Let's get
this over with and continue on with business. We don't want him to
stop doing business. We don't desire to have any undo hardship on
any respondent.
Again, this is just to let him know we've got to get this done. 180
days is sufficient time. But if he runs into some roadblocks, he can
always come back before this board and say I need more time. And
the board has always been more lenient in that venue.
MR. LARSEN: Mr. Kerckhoff, this is fine with you? You think
you'd be able to do this within the time period?
MR. KERCKHOFF: I hope so. $250 is a lot to pay. We've been
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September 25, 2008
using the property for the same purpose for about 20 -- almost 20
years.
MR. LARSEN: And you feel that you can get the site
development plan and everything together within 180 days?
MR. KERCKHOFF: From what I understand today, this is -- I
hope I can.
MR. LARSEN: Okay. All right.
Well, in that case, basically I'd make a motion to approve the
stipulation between the county and the respondent as so proposed.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. DEAN: I'll second the motion.
CHAIRMAN LEFEBVRE: All those in favor?
MR. DEAN: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. KAUFMAN: Aye.
MR. LARSEN: Thank you.
MR. SNOW: Thank the board.
CHAIRMAN LEFEBVRE: Do you need a break again?
MR. LARSEN: We're going on to old business now.
THE COURT REPORTER: I wouldn't mind five minutes.
CHAIRMAN LEFEBVRE: Fine.
(Recess.)
CHAIRMAN LEFEBVRE: I'd like to call the Code Enforcement
Board meeting back to order.
And under old business, motion for imposition of fines and liens,
BCC versus Jeffrey Macasevich.
(Speaker was duly sworn.)
MS. WALDRON: This is in reference to Code Enforcement
Case No. 2006100314.
F or the record, the respondent is not present.
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J1. c,; 'LSeptember 2~2008
On March 27th, 2008, the Code Enforcement Board issued a
finding of fact, conclusion of law and order, and that order is attached
for your review.
The respondent was found in violation and the respondent has not
complied with the board's orders from March 27th, 2008.
At this time the county is recommending imposing a lien for the
fine at a rate of $150 per day for the period between July 27th, 2008 to
August 4th, 2008 for a total of nine days and a total of $1,800.
Operational costs in the amount of $264.18 have not been paid.
MR. PONTE: Jen, I have a question. With the operational costs
is -- I know that there's been a change and we're going to talk about
that in the workshop, but is there -- should this operational cost then
be reduced?
MS. WALDRON: I think that might be a question better for
Jean. Since this was ordered, I'm taking it directly off of the orders
that are recorded.
MS. RAWSON: This is a case that appeared before you on
March 27th. And that's before the change. And on that day you
ordered operational costs. So I think it's already in the order.
MR. LARSEN: Is the calculation of the damages of$I,800
correct?
MR. KELLY: The damage calculation is wrong. However, the
amount is correct. And the reason why is because item number three
has a fine of $200 per day, not 150. So the final calculation I believe
is correct.
MR. LARSEN: All right. Let's see here.
MR. KELLY: Item number three under the order, second page.
MS. WALDRON: Yeah, that should state $200 a day instead of
150. Which would be the correct amount for 1,800.
MR. LARSEN: All right, number three on the order dated the
2nd day of April, 2008, if the respondent shall not comply with
paragraph one of the order of the board by July 26th, 2008, then there
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September 25,2008
will be a fine of200 per day for each day the violation remains.
So the recommendation of the county is now changed to fines at
a rate of $200 per day for the period between July 27th, 2008 to
August 4th, 2008, a total of nine days for the total of $1 ,800. And
fines continue to accrue; is that correct?
MS. WALDRON : Yes.
CHAIRMAN LEFEBVRE: Do I hear a motion?
MR. KRAENBRING: I make a motion that we impose the fine.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. LARSEN: Second.
CHAIRMAN LEFEBVRE: All in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
Next one will be BCC versus Mary Edwards. And Ms. Edwards
is going to come up to the table here right next to Jean.
Are you able to hold the mic? Not a problem? Okay, very good.
(Speakers were duly sworn.)
MS. WALDRON: This is in reference to Code Enforcement
Case No. 2006080127.
For the record, the respondent is present.
On March 27th, 2008, the Code Enforcement Board issued a
finding of fact, conclusion of law and order, and that order is attached
for your review.
The respondent was found in violation and the respondent has not
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September 25, 2008
complied with the board's orders from March 27th, 2008.
At this time the county is recommending imposing a lien for the
fine at a rate of $200 per day for the period between July 27th, 2008 to
September 8th, 2008, 44 days, for the total of $8,800.
Operational costs in the amount of$303.13 have not been paid.
And at this time, Investigator Ambach would like to just speak to
the case, please.
MR. AMBACH: Thank you. For the record, Investigator
Christopher Ambach, A-M-B-A-C-H, Collier County Code
Enforcement.
I'd just like to let the board know that on September 23rd, myself
and Supervisor Suzanna Capasso met with a housing department
representative, Tammy Hammer, and she's informed us that Ms.
Edwards has applied for and has been approved for a new modular
home under the Residential Rehabilitation Program, and she's working
towards abatement as we speak.
And again, once the violation has been abated, she can come
back in front of the board at that time. But she is -- she's been in
contact and they're working very closely with her. So we're very
happy.
MR. L'ESPERANCE: She's been in contact with who again?
MR. AMBACH: With Tammy Hammer, the DR! rehabilitation
specialist through the Housing Department for the Residential
Rehabilitation Program.
MR. L'ESPERANCE: Thank you.
CHAIRMAN LEFEBVRE: And was a time frame given on
when this may be abated?
MR. AMBACH: They didn't -- no. Not a specific time frame,
no.
MR. KELL Y: There could be a major issue here. They're not
going to get a loan from the government ifthere's any type oflien
against the property. It could halt this whole thing right in its tracks.
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I would like to see ifthere's any way county could pull this and
maybe see how the application process goes for a month or two before
we continue. Because if she's been approved, then they go to find this
lien, it would stop it.
MS. WALDRON: We would be--
MR. LARSEN: Let me ask a question of the officer first.
You stated that she's been approved for a new modular home?
MR. AMBACH: That's correct.
MR. LARSEN: And a new modular home would be placed
where?
MR. AMBACH: On the existing property.
MR. LARSEN: And that means the old modular home would be
taken away?
MR. AMBACH: The old mobile home, sir.
MR. LARSEN: Old mobile home will be taken away.
MR. AMBACH: That's correct. As far as I know, I'm not sure if
Ms. Edwards has made a decision as to whether or not she's going to
actually go forward with that.
MR. LARSEN: And the violation initially was that basically she
had not obtained an enclosure permit for the enclosure attached to the
current mobile home?
MR. AMBACH: That's correct.
MR. LARSEN: Okay. And that would be a moot point ifshe
gets a new home?
MR. AMBACH: That would be correct.
MR. LARSEN: Then I agree with Mr. Kelly. Should we place a
lien against this property, you know, Ms. Edwards would probably
have a major problem down the road from a title point of view.
CHAIRMAN LEFEBVRE: Ms. Flagg would like to speak.
MS. FLAGG: Mr. Chair, the County would very much support a
continuance on this case.
MR. LARSEN: For how long?
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September 25, 2008
MS. RA WSON: I think the easiest way for you guys to do it is
just ask the County if they would just pull it off.
Because you're here because you want to impose a lien, a fine.
And if you don't hear it, you know, then leave it up to Ms. Flagg to
decide when she wants to put it back on.
CHAIRMAN LEFEBVRE: Ms. Edwards, I guess --
MR. LARSEN: Is that what the County wants to do?
MS. FLAGG: That would be fine.
CHAIRMAN LEFEBVRE: Would you like to speak at all?
MS. EDWARDS: No. I don't have anything to say, really,
except that I live on an extremely fixed income and I got this property
as an inheritance from my father. And what he did previous, I have no
idea. I know that that part has been built on that trailer, at least part of
it, for 35 years.
CHAIRMAN LEFEBVRE: And you have applied and you've
been approved and you plan on moving forward and so forth?
MS. EDWARDS: Yes.
CHAIRMAN LEFEBVRE: And do you understand what we
were just discussing right now?
MS. EDWARDS: I certainly do. Both Lisa and Tammy have
been in contact with me all the time.
CHAIRMAN LEFEBVRE: But you do understand the
conversation we just had was that we were going to possibly decide to
pull it from today and then at some time in the future bring it back and
hopefully --
MS. EDWARDS: I totally understand.
CHAIRMAN LEFEBVRE: -- that time in the future will be
when you have a new mobile home and everything can be taken care
of at that point.
MS. EDWARDS: I totally understand you.
CHAIRMAN LEFEBVRE: We don't want to place a lien on
your property which may hinder you getting approval or final
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September 15,2008
approvals and getting your mobile home. So that's where we stand
right now.
MS. EDWARDS: I'd rather you wouldn't do that also.
CHAIRMAN LEFEBVRE: Okay. So let's -- do I hear a motion
to --
MR. KELLY: I move to continue.
MR. KRAENBRING: I don't think we need a motion. It's just
going to --
MR. DEAN: Well, it's on the agenda. You've got to pull it, no?
CHAIRMAN LEFEBVRE: There's no motion that needs to be
made?
MS.RA WSON: I don't think you can decide what they put on
the agenda. If they take it off the agenda and tell you that we're not
going to hear it today, it's really up to them.
MR. DEAN: But it's on there now, though, so we can still--
MS. WALDRON : We're not going to hear this today.
MS. RAWSON: Okay, well --
CHAIRMAN LEFEBVRE: You'd like to withdraw the case.
MS. WALDRON: Yes, we'd like to withdraw this case at this
time.
MR. DEAN: That's what I like to hear. Okay. It's withdrawn.
MR. LARSEN: I'd like to thank the officer for his candor in this
matter. I mean, he was very protective of the taxpayer citizen in this
regard.
MR. AMBACH: Thank you very much.
CHAIRMAN LEFEBVRE: You all set? Have a great day.
MS. EDWARDS: You too, all of you.
CHAIRMAN LEFEBVRE: Just watch out backing up. There's a
bigger object behind you than --
MS. EDWARDS: I'll do a rotation.
CHAIRMAN LEFEBVRE: All right. The next one is BCC
versus 6240 Collier Group, Inc.
Page 106
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~p'tembt'r 25, 2008
(Speakers were duly sworn.)
MS. WALDRON: This is in reference to Case No. 2007080153.
For the record, the respondent is not present.
On May 22nd, 2008, the Code Enforcement Board issued a
finding of fact, conclusion of law and order, and that order is attached
for your review.
The respondent was found in violation, and the respondent has
not complied with the board's orders from May 22nd, 2008.
At this time, the County is recommending imposing a lien for the
fine at a rate of $150 a day for the period between August 20th, 2008
through August 29th, 2008, nine days, for the total of $1 ,350.
The operational costs in the amount of537.93 have not been
paid.
CHAIRMAN LEFEBVRE: And I take it there's no
representative.
Go ahead.
MS. O'FARRELL: I recommend the same. This is the County's
recommendation.
Because Mr. Gillama (phonetic) did call me last night at 6:00 and
said that he didn't have the money to do it and he would let me know
when it was done. So I haven't had any contact with him whatsoever
since the hearing until last night at 6:00.
MR. L'ESPERANCE: Describe to me again the nature of the
business or the location, please.
MS. O'FARRELL: 6240 Collier Boulevard is part of a shopping
center. It includes the Goodyear -- I'm sorry, Firestone, a tattoo shop,
a couple of other places.
And there's a buffer that screens it between the adjacent
single-family home residences. So what he's been asked to do is
replace that buffer.
The shrubs that he planted are doing fine. However, probably 70
percent of the trees have died.
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September "5, 2008
MR. L'ESPERANCE: Thank you.
CHAIRMAN LEFEBVRE: Do I hear a motion?
MR. KRAENBRING: Make a motion to impose the fine.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. L'ESPERANCE: Second.
MR. DEAN: I'll second the motion.
CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
MS. O'FARRELL: Thank you.
CHAIRMAN LEFEBVRE: Any new business?
Consent agenda.
And I guess the next thing would be request to forward cases to
county .
MR. KELLY: It's already been consented.
Just real quick, the 31st, is it definitely going to be back here?
MS. FLAGG: Yes.
MR. DEAN: Halloween night, huh?
MS. WALDRON : Wear your costume.
CHAIRMAN LEFEBVRE: I'm already wearing it.
MS. WALDRON: I didn't want to say that.
MR. DEAN: 6:00 p.m.
CHAIRMAN LEFEBVRE: I guess the only thing left is to
adjourn. Do I hear a motion?
Page 108
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September 2( 2008
MR. DEAN: Motion to adjourn.
CHAIRMAN LEFEBVRE: Do I hear a second.
MR. KELLY: Second.
MR. PONTE: Second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Lunchtime.
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 12:10 p.m.
/
COLLIER COUNTY CODE ENFORCEMENT BOARD
~~' / ....../
r:'I:~~I:~~ -
I
These minutes approved by the board on
or as corrected
as presented
Transcript prepared on behalf of Gregory Reporting Service, Inc., by
Cherie' R. Nottingham.
Page 109
16/1.. .1
RECEIVED H{I:S
i~OV D j 2008 AGENDA Henning
. RevISed Coyle
COLLIER d)~~~o;;r~~~~~~~o~~MMISSION WILL MEET AT 830 A.M., T~8~~~A~~EMBER 6, 2008, IN
THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY
GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA:
NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY
ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN
ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10
MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN.
PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED
IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM
OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE,
WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL
BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF
SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN
PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF
THE RECORD AND WILL BE AVAILABLE FOR PRESENT A TlON TO THE BOARD
OF COUNTY COMMISSIONERS IF APPLICABLE.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC 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.
L PLEDGE OF ALLEGIANCE
2. ROLL CALL BY SECRETARY
3. ADDENDA TO THE AGENDA
4. PLANNING COMMISSION ABSENCES
5. APPROVAL OF MINUTES - SEPTEMBER 18,2008, REGULAR MEETING
6. BCC REPORT- RECAPS - SEPTEMBER 23, 2008, REGULAR MEETING
7. CHAIRMAN'S REPORT
8. CONSENT AGENDA ITEMS
A. Petition: CU-2006-AR-II046, VI Ltd, Limited Partnership, represented by Richard Yovanovich of
Goodlette, Coleman, Johnson Yovanovich & Koester, P.^', requesting a Conditional Use for the Moraya
Bay Beach Club to allow a private club in the Residential Tourist (RT) zoning district and the Vanderbilt
Beach Resort Tourist Overlay district (VBRTO) of the Collier County Land Development Code (LDC), as
specified in Sections 2.03.02.E for the RT Zoning District and 2.03.07.1.. for the VBRTO. The proposed
private club will be located within the residential building. The snbject property, consisting of 4.96+ acres, is
located at I I 125 Gulf Shore Drive, on the corner of Gulf Shore Drive and Blnehill Avenue, in Section
29, Township 48 South, Range 25 East, Collier County, Florida. (Coordinator: Kay Deselem, AICP)
B. Petition: CU-2007-AR-12619, K.O,V,A.C Enterprises, LLC, represented by Tim Hancock, AICP, of
Davidson Engineering, is requesting a Conditional Use for a refuse system in twtI_n4v_stria~ (I) zoning district,
as specified per the Collier County Land Development Code (LDC) Subsectl'!Wl'2.~'C.16. The +/- 3.73-
acre subject property is located at 1995 Elsa Street, Section I I, Township 4'b~~th, Range 25 E~ Collier
County, Florida. (Coordinator: John-David Moss, AICP) .-\:+- OJ. ~
Item#:~t-
enpieS to
]
16f]J\
TRANSCRIPT OF THE MEETING OF THE
COLLIER COUNTY PLANNING COMMISSION
Naples, Florida
September 18, 2008
4
'--'
September 18, 2008
n
1",,\
,-,,\ n-
,I..~' ,,: ,.c\
'" .~. ~ '" ~,- _!
LET IT BE REMEMBERED, that the Collier County Planning Commission, in and for the County of Collier, having
conducted business herein, met on this date at 8:30 a.m. in REGULAR SESSION in Building "F" of the Government Complex,
East Naples, Florida, with the following members present:
CHAIRMAN:
Mark Strain
Donna Reed-Caron
Tor Kolflat
Paul Midney
Bob Murray
Brad Schiffer
Robert Vigliotti
David J. Wolfley
ALSO PRESENT:
Jeffrey Klatzkow, County Attorney
Joseph Schmitt, CDES Director
Ray Bellows, Zoning & Land Development Review
Thomas Eastman, Director of Real Property, School District
Page 1
Fiala ~'
Halas .
Henning
Coyle V
Coletta :qr /
Misc. Corres:
Date:
Item #
Copies to
16/1 A 4
September 18, 2008
CHAIRMAN STRAIN: Good morning everyone. Welcome to the September 18th meeting of the Collier County
Planning Commission.
Will you please rise for the Pledge of Allegiance.
(Pledge of Allegiance was recited in unison.)
Item #2
ROLL CALL BY SECRETARY
CHAIRMAN STRAIN: Okay, roll call by the secretary.
COMMISSIONER CARON: Mr. KolfIat?
COMMISSIONER KOLFLA T: Here.
COMMISSIONER CARON: My. Schiffer?
COMMISSIONER SCHIFFER: I'm here.
COMMISSIONER CARON: Mr. Midney is absent. Ms. Caron is here.
Mr. Strain?
CHAIRMAN STRAIN: Here.
COMMISSIONER CARON: Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: Here.
COMMISSIONER CARON: Mr. Murray?
COMMISSIONER MURRAY: Here.
COMMISSIONER CARON: Mr. Wolfley?
COMMISSIONER WOLFLEY: Here.
COMMISSIONER CARON: And Mr. Eastman.
MR. EASTMAN: Here.
COMMISSIONER CARON: Thank you.
Item #3
ADDENDA TO THE AGENDA
CHAIRMAN STRAIN: Okay. And we have a lot of agenda issues this morning. First of all, this is probably the longest
agenda I've seen in the many years I've been on this board. I can certainly tell you we'll be here all day for a number of reasons.
But at 4:30 today we will be leaving. We have a budget hearing we have to clear the room for the BCC. They need time
to prepare the room. So at 4:30 this meeting will be suspended if need be or continued or hopefully adjoumed by then.
With that in mind, there are some other issues on the agenda that we need to take into consideration. Today's meeting,
when it does adjourn, is supposed to go right into the LDC hearing that was continued from last week.
Regardless of when we adjourn this meeting today or continue it, we will have to open that meeting up. And if it's late in
the day, we'll open it, continue it and close it.
But for those people who are interested in that meeting, if we were to get through today's agenda by 3 :00, then we
would move into the LDC issues that would start with the preserves and stonnwater in preserves first
We would start where we left off on the agenda we were handed out last week, not the agenda that was passed out to the
planning commission by e-mail last night That was in error. I had told staff not to use that agenda. Somehow they used it instead.
The way we're going to work this is, at 3:00, as long as we have an hour and a halfleft in the day, we will go into one of
those major subjects, which is preserves or stonnwater in preserves. If it's past 3:00 when we finish with our regular meeting, then
we'll skip those two and we'll go into some of the shorter ones that won't necessarily take an hour or two to get through.
That's how we'll handle the LDC issue when we get to it, if we get to it today.
There also is another issue I'd like to bring up in regards to the LDe, and that's the shape factor ratio.
My. Schmitt, you had suggested to me that staff still wanted to debate that further. Is that a true statement?
MR. SCHMITT: Well, I would not use the word debate. What I'd like to do is get with the stakeholders. I've directed
my Engineering and Environmental Services Director, Bill Lorenz, to get with some ofthe stakeholders, primarily those who are
here who addressed concerns, and to discuss the best way to create some -- or to at least put into the code some defmitive
specifications or specificity to allow -- to facilitate interpretation ofthat what is called the largest and most contiguous. At least to
try and to help define that.
Page 2
16T1A h
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September 18, 2008
And so Bill is working with the stakeholders. We are looking to bring something back to you for consideration. But you
all would have to ask to have that come back to you. You've already voted for denial, and it would have to be a recommendation
to reconsider that item. We'd bring it back for your discussion.
CHAIRMAN STRAIN: Well, I think the goal of this board is always to do what's most productive for the community
and for the Board of County Commissioners.
For us not to consider something that you're going to want to discuss with the BCC, it would only be frustrating,
because they would really want our -- I would assume they would want our input on it
So rather than have the whole thing go around the circle and then come back to us by them, if this is going to happen,
then why don't we just reconsider it at a point you have the language redrawn, the stakeholders involved, and a proper notice
provided. As long as there's no legal problem with that issue.
MR. KLATZKOW: No.
And Joe, correct me if I'm wrong, but the compo plan requires that there be LDC rules to implement this.
MR. SCHMITT: Yes.
MR. KLA TZKOW: And it's not going to be reconsideration, because it's not going to be the same exact LDC provision.
My understanding, Joe, is that there's going to be some tweaks to it at least?
MR. SCHMITT: Yeah. Well, they voted denial. We would bring that on back with changes. I guess whatever you
determine that as.
MR. KLA TZKOW: So it's not a reconsideration, it would be in essence a new amendment for you to consider.
MR. SCHMITT: A new amendment
And Bill's already been in touch with Tim Hancock, probably get in touch with Doug Lewis and some of the others.
And the effort here certainly is to -- we're attempting to create the code to define the parameters for the industry. Right now there's
just -- it's too subjective.
And that's -- one of the problem areas is largest most contiguous definition, what does it mean and how do you apply it.
And we'll see if we can narrow that down a bit I think the industry has a great interest in trying to do that So --
CHAIRMAN STRAIN: Okay. And for the benefit of going to the board above us receiving something with our input,
it's much more productive for us to then reconsider -- to have it come back or have it corne to us as it normally would and we'll
have to chew it up again, so --
MR. SCHMITT: And Mr. Strain, at the -- my guidance as well is if it doesn't make it into this cycle, we'll continue to
work that. I mean, that's how important this is. And we need to get it right
CHAIRMAN STRAIN: Okay. Me Murray?
COMMISSIONER MURRAY: Ifit's a new amendment, does it have to be advertised"
MR. SCHMITT: It's advertised already. We just advertise the section ofthe code. So the advertising is not the problem
here, it's just the process in going through it and then creating the language.
COMMISSIONER MURRAY: Well, the reason I asked is because we denied it.
MR. SCHMITT: Yeah.
COMMISSIONER MURRAY: And you're coming back with something that we perceive as--
MR. SCHMITT: Right, it would be a reconsideration for all intent and purposes, yes.
CHAIRMAN STRAIN: Okay, next item would be our items that are going to be continued on today's agenda.
And let's see, we have Item 9(E), which is the potable water sub-element. That's continued indefinitely.
And we have Item 9(K), Longshore Lake Foundation, Inc. That's continued to 11120/08. So if any members of the
public are here for those two issues, they won't be heard today.
Other items on our agenda that are of interest, on 9(F), we're rehearing ABC Liquors. It isn't actually a rehearing, it's a
whole new hearing. But the issue there is ones of our stipulations is something that the applicant, although they thought at the time
they could live with is not apparently working for them.
(Commissioner Midney enters the boardroom.)
CHAIRMAN STRAIN: So they went back and had another NIM and came back here before us all over again.
And by the way, let the record show Mr. Midney just showed up.
Now, the reason I'm bringing this up is you did not receive new packages on this information. That's why you didn't. It
was really no different than the previous one.
Staff I guess has since created an executive summary which will be passed out today, but the effect of that will be
basically what I've just mentioned.
Also, on Item 8(C), a consent agenda item, which is the Moraya Bay bathrooms, for lack of better definition, there was
no really stipulations on that except that a request to clarify the -- where the bathroom went into the RT zoning district and make
sure something was worked out so that could happen. So therefore, we're going to get a verbal presentation on that today for the
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consent agenda.
And the last thing is the 4:30 ending. As I said earlier, we'll have to make sure we're out of here by 4:30 for the BCe.
Other than that, I have no other changes or suggestions to the agenda. Does anybody else?
(No response.)
Item #4
PLANNING COMMISSION ABSENCES
CHAIRMAN STRAIN: Okay, planning commission absences. Our next meeting will be the 26th of this month,
assuming today's regular meeting does not get continued. If we get continued, it most likely will be the 25th. But we'll deal with
that later.
Let's start with the 26th. How many people on this panel know they will not be able to be here next Friday?
COMMISSIONER MIDNEY: (Indicating.)
CHAIRMAN STRAIN: Mr. Midney, okay. So that means we have a quorum. So we're good to go for that date.
Item #5
APPROVAL OF MINUTES - AUGUST 7, 2008 REGULAR MEETING; AUGUST 13,2008 LDC MEETING
CHAIRMAN STRAIN: Approval of minutes. There's two sets of minutes for approvaL The first one I'll be seeking a
motion for recommendation of approval is August 2nd, 2008 regular meeting.
Is--
COMMISSIONER KOLFLA T: So moved.
CHAIRMAN STRAIN: -- there a motion to approve?
CHAIRMAN STRAIN: Mr. Kolflat made the motion. Seconded by?
COMMISSIONER WOLFLEY: (Indicating.)
CHAIRMAN STRAIN: Mr. Wolfley.
Discussion?
(No response.)
CHAIRMAN STRAIN: All in favor, signifY by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER WOLFLEY: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER KOLFLAT: Aye.
CHAIRMAN STRAIN: Aye.
Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries.
The next set of minutes is August 13th, 2008, the LDC meeting. Is there a motion to approve?
COMMISSIONER CARON: Motion to approve.
COMMISSIONER VIGLIOTTI: (Indicating.)
CHAIRMAN STRAIN: Made by Commissioner Caron, seconded by Mr. Vigliotti.
Discussion?
(No response.)
CHAIRMAN STRAIN: All in favor, signifY by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER WOLFLEY: Aye.
COMMISSIONER MURRAY: Aye.
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September 18, 2008
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER KOLFLA T: Aye.
CHAIRMAN STRAIN: Aye.
Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries 8-0.
Item #6
BCC REPORT - RECAPS -- NOT A V AILABLE AT THIS TIME
CHAIRMAN STRAIN: Ray, we don't have any BCC report? Although they did have an interesting meeting last
week.
MR. BELLOWS: Yeah, we do have some recaps, if you want.
CHAIRMAN STRAIN: Sure. It says not available on my thing, that's why--
MR. BELLOWS: I think the paper copy's not available, but I have a verbal one, if you'd like.
CHAIRMAN STRAIN: That's great.
MR. BELLOWS: On September 9th, the Board ofCOlmty Commissioners heard the PUD amendment for
Shadowwood. That was approved on the summary agenda. As well as the conditional use for the A vis Budget Truck Rental on
the summary agenda.
The board also approved on its regular agenda the PUD rezone for Tamiami Crossings and its companion item, the--
and that was approved 4- I, with Commissioner Coyle opposed.
And the PUD amendment for Artesa Pointe was approved 5-0.
CHAIRMAN STRAIN: Okay, thank you.
Item #8A
CPSP-2007-7
CHAIRMAN STRAIN: And with that we'll go into our -- well, the Chairman's report, I spoke enough on the agenda. So
we'll move right into the consent agenda items.
And we have four of them. So let's start with the first one, 8(A), wich is CPSP-2007, which is the Public School
Facilities Element.
Are there any corrections, clarifications or questions concerning that consent agenda item?
(N 0 response.)
CHAIRMAN STRAIN: Well, I have one. Is Michelle here?
Hi, Michelle.
MS. MOSCA: Hi. For the record, Michelle Mosca, Comprehensive Planning staff
CHAIRMAN STRAIN: I've called you many times to give you a heads up but I kept getting your voice mail and I really
hate voice mails, because that means you've got to try to fmd me afterwards and that's nearly impossible.
On Page 3, we have an underlined area that talks about the expiration ofthe SBR interlocaI agreement between the
county and the school district.
MS. MOSCA: Yes.
CHAIRMAN STRAIN: About two-thirds of the way down there's a line that starts with the parenthetical two. Until the
county, in coordination with the school district, is able to establish a new process for the development of siting criteria.
Now, if you look where that paren. two is, just above it, it talks about number one, which says, such time as the new or
amended SBR is adopted to address site development of the existing map sites and future sites approved.
I understand the issue on future sites. But the existing map sites, if you turn to Page 8 under Policy 5.14 and you go to
B, the fourth line said, these sites are consistent with the loeational criteria established by the SBR interlocal agreement as
contained in the FLUE.
Now, my issue is if we have something in three that seems to say that if this thing expires, they may not be consistent
anymore, but in Page 8 under B we have a document that says they already are deemed consistent. Is that a conflict?
MS. MOSCA: I don't believe it's a conflict. What we're trying to achieve here is to try to apply the SBP ILA, the School
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Board Review ILA provisions to those existing map sites and any additional sites that are approved under that ILA.
Now, in the future what we will try to do is work with the school district in order to come up with new locational criteria
that's consistent with the statute.
Right now the specifics regarding off-site infrastructure and so forth is deferred until a later time until the site plan
comes in.
What we'd like to do is look at all of the future plans for water, sewer, transportation and so forth, and look at school
types, elementary, middle and high, and try to locate or site those schools where best appropriate.
CHAIRMAN STRAIN: Well, we currently have a map that shows where the future sites and existing future sites--
existing future is contradictory, but that's kind of what they are. Schools aren't built but the sites for them are planned, or at least
they've been acknowledged on this map.
MS. MOSCA: Yes.
CHAIRMAN STRAIN: Will any of this documentation remove the approval of those sites for those locations shown on
the map?
MS. MOSCA: No.
CHAIRMAN STRAIN: Okay, that was my concern. Because right now we've acknowledged them, they're there, I want
to make sure they stay there and no one gets made less because of this language.
MS. MOSCA: Right
If! can just clarifY. In the Future Land Use Element, as well as the other master plans, it's sort of!ike a contingency.
The locatioual criteria is contingent upon compliance with that school board review interlocaI agreement But yet we found that
those sites that have been approved under that agreement are consistent with the Iocational criteria within the GMP.
CHAIRMAN STRAIN: By being consistent, you're only talking in regards to the establishment of level of service
criteria, right? 1 mean, they can -- the sites are okay as long as the roads and infrastructure have some way of getting to those sites.
MS. MOSCA: And we do need that mechanism to address that when -- address those items when in fact the school
district comes in for their site plan.
CHAIRMAN STRAIN: Okay, that's what I needed cleared up.
Any other questions on the consent item for the school facilities only?
(No response.)
CHAIRMAN STRAIN: Is there a motion to recommend approval of Item 8(A), CPSP-2007-7 ou the consent agenda?
COMMISSIONER MURRAY: So moved.
COMMISSIONER WOLFLEY: (Indicating.)
CHAIRMAN STRAIN: Mr. Murray made the motion, seconded by Mr. Wolfley.
Any discussion?
(No response.)
CHAIRMAN STRAIN: All in favor, signifY by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER WOLFLEY: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER KOLFLA T: Aye.
CHAIRMAN STRAIN: Aye.
Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries.
MS. MOSCA: Thank you.
CHAIRMAN STRAIN: Thank you.
Item #8B
PETITION: PUDA-2008-AR-13063, SILVER LAKES PUD
CHAIRMAN STRAIN: Next one is the Silver Lakes. That's a petition we heard last time. It's in our consent agenda for
fmalization.
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Okay, I didn't have any markups in mine. Does anybody have any objections to Silver Lakes?
(No response.)
CHAIRMAN STRAIN: Is there a motion to approve the consent agenda item for Silver Lakes --
COMMISSIONER MURRAY: I'll move that
CHAIRMAN STRAIN: -- PUDA-2008-AR-13063?
COMMISSIONER WOLFLEY: (Indicating.)
CHAIRMAN STRAIN: Mr. Murray made the motion, Mr. Wolfley seconded.
Discussion?
(No response.)
CHAIRMAN STRAIN: In all in favor, signifY by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER WOLFLEY: Aye.
COMMISSIONER MURRAY: Aye.
COMMJSSIONER VIGLIOTTI: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER KOLFLA T: Aye.
CHAIRMAN STRAIN: Aye.
Anybody opposed"
(No response.)
CHAIRMAN STRAIN: Motion carries 8-0.
Item #8C
PETITION: CU-2008-AR-1320 L MORAY A BAY BEACH CLUB
CHAIRMAN STRAIN: Next petition I understand, Kay, you're going to tell us verbally where we're at--
MS. DESELEM: Yes, good morning. For the record, Kay Deselem, Principal Planner in Zoning.
For Item 8(e), what was discussed as a stipulation in actuality can't be a stipulation, so there's no other ordinance or
resolution to bring to you.
It was basically a direction to the petitioner, asking them to make sure that the board had an agreement drafted and
approved prior to action on the actual petition that was being considered in 8(C).
And I understand in speaking with the petitioner that they do have an agreement they're working on. They don't have it
to the board yet, but they are working on it.
The actual language was, according to the minutes, prior to the time this went forward to the board, there would be an
agreement drafted and presented that would establish how that piece of property that is in the R T zoning is to be handled.
So since it has to be done prior to board action, we couldn't put it as stipulation, so there's nothing to bring to you, other
than an update that they are working on something.
CHAIRMAN STRAIN: Understand. And I certainly agree with your reasoning.
Will you make sure the board is informed of this condition so that they know to be looking for that?
MS. DESELEM: Indeed.
CHAIRMAN STRAIN: Because that piece of property that goes over onto private property, if we don't get an
agreement on that, we could be approving something that is in jeopardy and subject to that agreement. I'd hate to have the tables
turned so someone has more negotiating power than less.
MS. DESELEM: Indeed, there will be something in the executive summary that goes to the board explaining the
situation.
CHAIRMAN STRAIN: Mr. Yovanovich, did you have a comment"
MR. YOV ANOVICH: I should clarifY for you the timing, if that will help. There already is an agreement that was on
the last board's agenda. It was continued to address some contractual issues regarding the actual design and permitting costs
related to the restrooms.
But that same agreement deals with the actual conveyance of the sliver necessary. So it's already been to the board. It
was continued to address a few last minute items that came up. So the board's well aware of it, if that helps any.
CHAIRMAN STRAIN: Thank you.
Thank you, Kay.
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September 18, 2008
Any other questions on consent agenda Item Petition CU-2008-AR-13201?
(No response.)
CHAIRMAN STRAIN: Is there a recommendation for approval?
MR V1GLIOTTI: So moved.
COMMISSIONER WOLFLEY: (Indicating.)
CHAIRMAN STRAIN: Mr. Vigliotti. Seconded by Mr. Wolfley.
Discussion?
(No response.)
CHAIRMAN STRAIN: All in favor, signifY by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER WOLFLEY: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER KOLFLA T: Aye.
CHAIRMAN STRAIN: Aye.
Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion cames 8-0.
Item #8D
PETITION: CU-2008-AR-13060, NAPLES BAPTIST CHURCH, INC.
CHAIRMAN STRAIN: The last item on our consent agenda is Petition CU-2008-AR-13060, the Naples Baptist
Church.
And we received a memo from county staff. It was a little bit confusing. I think we have a clarification from Nancy this
morning.
MS. GUNDLACH: Yes. Good morning, Commissioners. I'm Nancy Gundlach, Principal Planner with Zoning and Land
Development Review.
And I do have a handout for you. It is the resolution in its entirety. And I'm going to ask that you turn to the very last
page, which is Exhibit D, and it's the conditions for approval.
Commissioners, if you turn to the very last page, item two, we have our final language regarding the construction ofthe
road to the Naples Baptist Church.
And it says, prior to vertical construction, and that is agreed to by transportation, Naples Baptist Church or its
successors and assigns shall construct to county standards a 20-foot wide roadway and a four-foot wide paved shoulder from
Immokalee Road to the subject property.
And that is the agreed upon language between transportation, county attorney and in accordance with your motion.
CHAIRMAN STRAIN: Nancy, we had stipulated, based on the memo you provided, which I'm assuming is accurate
because I haven't had time to go back and check the record, that we're looking at a 24-foot rural paved roadway.
Transportation says they want a 20-foot rural paved roadway with a four-foot wide paved shoulder. Now that's still 24
feet
MS. GUNDLACH: Correct
CHAIRMAN STRAIN: And it's rural. Is there a huge difference between the two?
MS. GUNDLACH: I don't think so. But it's probably best to ask transportation if they think there's a difference.
CHAIRMAN STRAIN: Well, the only reason I'm asking this was ifit was a stipulation and we're changing it on the
consent agenda, 1 want to make sure if it's not substantive to a point where it would require us to have another action. So thank
you.
MS. GUNDLACH: Thank you.
MR GREENE: Michael Greene, Transportation Planning.
It is the same thing. The change is in striping. If you asked for a 24-foot roadway, the outer edge of pavement striping
would be allowing two 12-foot lanes. And asking a 20-foot road, you'd have two I O-foot lanes with the four-foot paved shoulder
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that's outside of the edge of pavement striping.
CHAIRMAN STRAIN: Okay. And I remember the issue, and I believe we actually used the width because we wanted
to have that additional four feet
Ms. Ashton?
MS. ASHTON: Good morning, Planning Commission. For the record, Heidi Ashton, Assistant County Attorney.
The item number two that's on your visualizer, that is the language that I read into the record at the last meeting. And the
representative for the owner agreed to that.
CHAIRMAN STRAIN: Okay. Now I'm a little confused by the staff memo then, because the memo says our stipulation
said something different So apparently one of you is right
Regardless, the applicant has no problems with number two?
MS. GUNDLACH: That's correct, Commissioner.
CHAIRMAN STRAIN: There's no sense of beating a dead horse. We'll just be done with it
Anybody else have any issues?
COMMISSIONER MURRAY: No.
COMMISSIONER WOLFLEY: No.
CHAIRMAN STRAIN: Okay, is there a motion to recommend approval --
COMMISSIONER MURRAY: So moved.
CHAIRMAN STRAIN: -- as handout dictates?
Mr. Murray made the motion?
COMMISSIONER MURRAY: Yes, I did.
COMMISSIONER WOLFLEY: (Indicating.)
CHAIRMAN STRAIN: Seconded by Mr. Wolfley.
Discussion?
(No response.)
CHAIRMAN STRAIN: All in favor, signify by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER WOLFLEY: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER KOLFLA T: Aye.
CHAIRMAN STRAIN: Aye.
Anybody opposed0
(No response.)
CHAIRMAN STRAIN: Motion carries.
Cherie', am I going too fast? I saw that smile. Usually you're being polite. I'll try to be a little more carefuL
Item #9A (Continued discussion to later in the meeting)
PETITION: PUDZ-2006-AR-I0294, NAPLES CHURCH OF CHRlST,INC.
CHAIRMAN STRAIN: Okay, now we'll go into our regular advertised public hearings. First one is 9(A), Petition
PUDZ-2006-AR-I0294, Naples Church of Christ, Inc., being presented by Wayne Arnold. It's on the east side of Livingston
Road, approximately .6 miles south of Pine Ridge.
This was one we had started at our last meeting. The applicant agreed to a continuation to today because we were at the
4:30 hour of our last meeting date.
With that in mind, if there's anybody wishing to participate in this, please rise to be sworn in by the court reporter.
(Speakers were duly sworn.)
CHAIRMAN STRAIN: Are there disclosures on the part of the planning commission?
Ms. Caron?
COMMISSIONER CARON: Yes, I had a conversation yesterday with Mr. Yovanovich.
CHAIRMAN STRAIN: Okay, Mr. Murray, then Mr. Wolfley.
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September 18, 2008
COMMISSIONER MURRAY: I too.
CHAIRMAN STRAIN: Mr. Wolfley?
COMMISSIONER WOLFLEY: Same.
CHAIRMAN STRAIN: I believe I did, but I've completely forgotten what we talked about There's been so mucb going
on this past week with this agenda, I'm getting them mixed up.
But anyway, I'm sure I had a conversation. I'm think Mr. Arnold was in that one of them as welL
With that, I'll ask anything I may have asked then hopefully again today.
Mr. Y ovanovich, it's all yours.
MR. YOV ANOVICH: Thank you. I think where we left off is there were eight items that needed to be addressed. I
don't think you took a vote on any of those.
But we have addressed them basically all in the documents that I think you've received but for the removal of the
interconnection, which we know we need to take off. But since there wasn't the formal vote yet on the interconnection, we did not
yet revise that exhibit to remove the interconnection between us and Positano Place.
If we can, we could just check off through the staff report The first one was that we removed the staff recommended
playground --
CHAIRMAN STRAIN: Well, let me get this straight, though. When we left last time, we listed these but we had not
debated amongst ourselves --
MR. YOVANOVICH: Right
CHAIRMAN STRAIN: -- whether we each agreed to them or wanted them that way. So what you're reading off is what
the list was --
MR. YOVANOVICH: Right
CHAIRMAN STRAIN: -- not what was agreed to.
MR. YOV ANOVICH: Correct
CHAIRMAN STRAIN: Okay.
MR. YOV ANOVICH: And we -- I think the major one was the -- how are we going to define the recreational uses that
could occur on the CF residential piece. And they were the outdoor. And that's on Page 2 of the revised document I'll put a
strikethrough and underlined on the visualizer.
Up higher, Ray.
And that number four is how we were addressing what can occur on that site. We can have water management facilities,
parking and recreational uses accessory to the church and schooL That will be occurring on the other parcel designated in the
PUD.
And then we make it very clear that no ballfields, courts or other similar recreational uses may be constructed.
And then we put hours of limitations that no outdoor recreational use may occur beyond 9:00 p.m.
So that was our way of identifYing what can occur on the property and limit the hours when it can occur.
I think that was really the only issue that we were to come back to you with proposed language on. And the rest ofthe
items were -- I think you were getting ready to debate when we left off.
CHAIRMAN STRAIN: Okay. Well, why don't we start with the changes you made in the outdoor recreation. I know [
have some comments, but ['II defer to my other board members.
Anybody?
COMMISSIONER WOLFLEY: You're referring just to the playground thing or the whole?
CHAIRMAN STRAIN: Well, I thought we ought to start with the outdoor recreation, since Richard just went into that
Do you have any questions on the outdoor recreation, Mr. Wolfley?
COMMISSIONER WOLFLEY: No.
CHAIRMAN STRAIN: Richard, I do. You're making it a principal use, and you're taking it out of the -- it's still
remaining in the accessory use category as well.
My concern with it being a principal use is you could open that property up independently for a recreational use without
any other use on the property. It could be freestanding.
MR. YOV ANOVICH: Yeah, but it has to be in support of the church facility that will be constructed on the other piece,
okay. It can't be a standalone. We could not -- we could not do anything that was unrelated to the church that happens on the other
piece. Church and schooL
CHAIRMAN STRAIN: And the reason you have it in as an accessory use is if you develope the site, you want to be
able to have those as accessory to the --
MR. YOV ANOVICH: If we develop the site as any of the other uses, residential, ALF, whatever, we wanted to have
those types of accessory uses related to the residential ALF uses that could develop on that piece.
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September 18, 2008
CHAIRMAN STRAIN: Okay. And you have -- the reading that I have, and it's the same here, no outdoor recreational
use may occur beyond 9:00 p.m.
MR. YOVANOVICH: Right.
CHA1RMAN STRAIN: Okay. Beyond 9:00 p.m. but before what time in the morning" Why don't we use sunrise to
sunset.
MR. YOV ANOVICH: Well, the sunset issue is there are some structures that exist on the property, I think that you're
probably aware of those structures. I belive there's a barn and there's some other houses--
CHAIRMAN STRAIN: I built them.
MR. YOVANOVICH: Yeah.
And they have withstood the test of time, so you did a nice job.
COMMISSIONER CARON: No sucking up.
MR. YOV ANOVICH: I know. I try not to be so obvious, but sometimes you can't help it.
They do now -- they have church activities out there now. They'll have dinners out there and it -- that will extend past
sunset.
And honestly, we wanted to make sure that, you know, sunset happens, we can continue on with the dinners and make
sure that by 9:00 p.m. we thought was a reasonable period of time to make sure we were all off that property and wouldn't be
interfering with any neighbors' enjoyment of their homes.
CHAIRMAN STRAIN: Well, if you say before -- beyond 9:00 p.m., before what time then? I mean, it's got to have
another --
MR. YOV ANOVICH: That's fine. I mean, if you want to put sunrise -- is that fine? Sunrise to no later than 9:00 p.m?
No earlier than sunrise and no later than 9:00 p.m.
CHAIRMAN STRAIN: We'll certainly discuss the timing.
Mr. Murray"
COMMISSIONER MURRAY: Does that mean that ifthey're having a sunrise service that they can't gather until the
sunrise? I'm not being cute either. I'm trying to --
MR. YOV ANOVICH: I understand. I mean, we're hoping at some -- you know, you cannot cover everything in the
PUD document. We would hope that something like that would not--
COMMISSIONER MURRAY: But it should be understood that sunrise in that sense is -- that's the actual ceremony.
MR YOV ANOVICH: Yes, sir.
CHAIRMAN STRAIN: Richard, remember Cocohatchee? On that particular one we had uses that you brought a long
20-item list or 22-item list in that qualified as I guess passive recreational uses on the east side of Vanderbilt Beach Road,
something to that effect. But I remember how that came about. We asked you for a list of what you intended to do there and you
provided it.
My notes last time, we asked you to provide a list of principal outdoor recreational facilities. I went through, I couldn't
find the list. What I found was what you think are excluded, but I haven't found what you thought you're including.
MR. YOV ANOVICH: Well, at the end of the meeting I believe what I said is we were going to defme this as, and I
wrote -- I read some language that would say no -- it would be no formal courts and no lighted facilities would occur. And I asked
if we were on the right track and we got nods, so we thought we were supposed to define it by what couldn't happen instead of
what could happen on the site.
Because frankly, you know, recreational uses, how long could that list be" It could be forever. And I thought the
concerns were these formal courts, formalized activities. And we tried to define it better by what can't happen to protect the
community than what could happen.
CHAIRMAN STRAIN: Okay. I think the primary concern we were having with the residential community to the north,
we wanted to make sure that whatever you did there wasn't too distracting to that community.
Mr. Vigliotti?
MR. VIGLIOTTI: Mr. Yovanovich, you realize that everything you can use can only be in conjunction with church and
church facilities.
MR. YOVANOVICH: Correct.
COMMISSIONER VIGLIOTTI: So that will limit you quite a bit right there.
CHAIRMAN STRAIN: How?
COMMISSIONER VIGLIOTTI: Well, they won't be able to do a school without the church or other--
CHAIRMAN STRAIN: A school -- no, let's say a recreational facility. What recreational facility couldn't they tie to that
church activity?
They could say riding horses, they have church members who want to do that. They have ball parks because they want
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September 18;'1008
to play baIL Those are not religious activities, those are what they'll claim are accessol)' to the church --
MR. YOV ANOVICH: And that's why we said no ball fields and we said, you know, so that--
CHAIRMAN STRAIN: What is it you're trying to include in here"
MR. YOV ANOVICH: Well, what we're trying to do is provide the flexibility to come out there and if they want to have
an impromptu either barbeque or an impromptu, not an -- you know, an impromptu softball game, an impromptu dodge ball
game, have kids out there actually exercising in relation to the school, yes, we want to be able to have that happen.
But we didn't want to take it to the next level where we would actually construct the soccer field or a softball field, or a
-- so it became more ofa, you know, repeat, you're going to have this all the time type of activity. We didn't want to discourage
things that happen at church outings typically.
CHAIRMAN STRAIN: I think Me. Vigliotti's comment is relative to what we most would assume, that it would have to
be related to the church, as it says.
I'mjust wondering what isn't then considered related in the eyes of how someone would want to argue it
Me. Midney?
MR. MIDNEY: Well, my comment is similar. I remember when I was growing up in churches, we used to have softball
games and stuff afterwards. I don't see why they can't have courts or some things to encourage some recreation, as long as it ends
before 9:00 in the evening.
CHAIRMAN STRAIN: Okay. Any other comments?
(No response.)
CHAIRMAN STRAIN: Okay. Well, are there any comments about the whole questions of the applicant at whole at this
time?
Mr. Wolfley?
COMMISSIONER WOLFLEY: Mine sort of involves the interconnection that was discussed, and along with the
200-unit ACLF or the 75 multi-family units, and with the fence or wall that was to go two-thirds from Livingston Road down the
property that was discussed last time.
I don't think that the 74-unit multi-family unit is compatible. I think that if that's put in, then there's a case to be struck
for having an interconnection between Positano Place and also then to wall off between the church facility and the multi-family
unit.
All that could be done away with if we just kept it to a 200-unit ACLF. No interconnection would be needed. I don't
believe a wall would be needed between the two units. And then the only wall and the buffer that would be needed would be
between Positano Place and this land, this property.
I am just totally not in favor of the 74 multi-unit -- multi-family unit And I think the property and the surrounding area
would be much better served by the 200-unit ACLF only.
CHAIRMAN STRAIN: Okay. Any other questions of the applicant?
(No response.)
CHAIRMAN STRAIN: Are there any members of the public, Ray, wishing to speak that you know of? We did talk to
people last time. Are there any people this time"
COMMISSIONER MURRAY: Someone wishes to speak.
CHAIRMAN STRAIN: Well, let's wait and see if we have registered speakers first
MR. BELLOWS: Yes, we have two speakers. Scott Mello and Michael R. Cox.
CHAIRMAN STRAIN: Okay, if you'd like to come up and use either speaker. You have five minutes. Or hopefully you
can try limiting it to that
MR COX: I am Michael R. Cox. I am a resident ofPositano and the Vice-President of the master board of directors.
I was the -- one ofthe people at the neighborhood meeting. And I thought that it went vel)' welL We were kind of
specific on no interchange with Positano; we are a gated community.
We are no different than anybody else right now that has a new development We have lots of our own problems
because of the state of the economy.
We're hoping that you will-- and we're for this church-related, school-related, 100 percent My past histol)' is building
YMCA's and Hospice facilities. I have told them I would volunteer my time as much as it's needed to help them meet this end,
which I think would be a great service on this land.
Only concern we have is we don't want traffic through Positano. We have enough problems. We'd like a wall on that
north side to eliminate lights in people's units, et cetera, because we have plenty to sell and plenty of our own problems, and we
don't want them to encourage any more than we already have.
Other than that, I think the basic use of the property, I agree with Mr. Wolfley that on the back side we'd like to see no
residents back in -- I can't imagine that can help anything right now. And [ think it's going to be a long time in the future before it's
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going to help anything.
But we are certainly 100 percent supportive of the church school type things. And I would personally volunteer lots of
time and they know that
So we just want to make sure that you could do anything to help us be able to secure what we set out to do in Positano
from the beginning.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: What about the ALF, are you in favor of that use on the back portion of the property? The
assisted living?
MR. COX: I talked to Mr. Murrell, who's on their board of directors, I believe, and also an attorney. I would like to see
the church school go so well that they didn't have to use that I know these times are difficult And doing a lot offundraising for
Ave Maria, I know it's difficult The stock market hasn't been too kind to us lately and looks like it's going to be a while before
that rebounds.
But we would prefer them to be school and church on the entire piece of property. But I understand that if the church
and school couldn't go without some additional funding from the back side, as long as it serves the needs, what we call community
needs, which I think this would be, as opposed to an apartment complex or something like that, we would go along with that, if
that's what they had to do. But we would certainly prefer it to be 100 percent schooVchurch.
CHAIRMAN STRAIN: Any other questions?
(No response.)
CHAIRMAN STRAIN: Sir, I have one.
You've heard our discussion on the outdoor recreational uses. Do you have any issues or concerns there?
MR. COX: If what he says is correct -- I'd like to have them define it just a little bit better. Because building YMCA's,
it's relatively easy to define.
If they're not going to build anything and are told you can never build any permanent fields, I think it would likely never
become a problem. But once you talk about fields, you usually talk about lights, and then you have all those related problems.
So if they prohibit the building of any field in the future, where it's just going to be we're going to mow the grass and use
whatsever there, I think that would be -- and we would trust that because of the mission they have at hand that they would be
conscious of the neighborhood next to them on the north.
CHAIRMAN STRAIN: Okay, we'll discuss that with the applicant Thank you.
MR. COX: Thank you.
CHAIRMAN STRAIN: Anybody else?
(No response.)
CHAIRMAN STRAIN: Thank you, sir.
Any other speakers, Ray"
MR. BELLOWS: Michael Cox -- that was--
COMMISSIONER WOLFLEY: Scott Mello.
MR. BELLOWS: Oh, Scott Mello.
MR. MELLO: Good morning, Commissioners. Scott Mello, Positano Place.
I just -- without going into everything I said at the last meeting, I just wanted to reiterate the safety of the wall that's
going to be going on the north side between the church and Positano.
And I'd also -- like Mr. Wolfley had said, the 74 units, I mean, the Positano people are definitely in favor of helping
other people in assisted living. The one thing that we are totally against is the 74 units, the commercial that could probably bring
more traffic into Livingston and then probably more foreclosures and bankruptcies into our county.
But we're also definitely against the interconnection there because we are a gated community and we pay a lot of money
to keep us gated, and with the repairs and everything else.
Now, if we're going to go gated in the back, then that's definitely a whole lot of money that would have to be brought to
Positano to see ifthere was a way that traffic could get a road back there. But I don't see how it's possible unless they carne do\\'11
the side of the north wall that would be built
But I know our members are definitely -- they purchased units in there for 200, $300,000, and they purchased into a
gated, private community. So that's one thing that we would definitely not want to see.
And as far as the wall, with the activities going on till 9:00 and the parking areas that the church is going to need, we do
have four buildings that face that property directly, so the parking issue of people coming in and out with trucks and cars, those
lights are defmitely going to affect our residents. We're only a three-story mid-rise condominium.
So that's one thing that that's going to affect about 88 units out 01'330. So that may be a big issue for them.
But like I said earlier, we are in favor. And it shows on the minutes as far a~ the safety of the wall. lfwe just put up a
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chainlink or a bush, we're going to have kids from the church or from the school, if they ever come in, walking back and forth. We
do have a small playgroWld so there might be kids that want to use our playgroWld wbile they're ll)'ing to -- their parents are at
church or anything else.
So without blocking up the difference between those two properties, we're definitely going to have trespass issues and
things like that And we also don't want our people to have to trespass on their property either. So we just want to keep them
separated.
Thank you.
CHAIRMAN STRAIN: Thank you.
Okay, are there any other public speakers on this matter?
(No response.)
CHAIRMAN STRAIN: Richard, do you have a moment? I know you do.
MR. YOV ANOVICH: Do you know something I don't know?
CHAIRMAN STRAIN: You heard some of the comments. What do you think about dropping the 74 multi-family
units?
MR. YOV ANOVICH: Well, I'd like to address them collectively instead of individually.
CHAIRMAN STRAIN: Okay, we will address them individually, also--
MR. YOV ANOVICH: I know, but I mean, I'd like to -- what I'd like to -- fIrSt of all, that's obviously our master plan
imposed on an aerial of what exists today.
As you -- there's already a fence on Positano Place's property. I believe the gentleman who just spoke confmned that at
our last meeting.
If the issue really is light from the cars that will be utilizing the church facilities, we are required to do the buffer, a
hedge that's got to get to five or six feet tall, I believe, with 80 percent opacity in the first year.
We would be willing to enhance the county's required buffer by doubling the number of trees from what's required so
that would provide also an additional site line buffer related to the two uses.
Honestly, if you go throughout the county, including the city boundaries, I think you rarely will see churches walling
themselves away from single-family residential communities.
I'm just a little surprised that we've gotten to this level of concern about people going to church will somehow
negatively impact property values, when you kind of rarely find that
Growing up, we had churches in our neighborhood and we frankly did use the church lacilities to play basketball and
other things. So we don't really see the security issue as the issue, but that's already being addressed by their own chain link fence.
We can address through enhanced landscaping, you know, the concern that they'll see car lights.
But if you look at the layout, they've got their buffer, it would be our buffer with the additional trees, and they have their
own cars that are driving by the entrances to those buildings. So we would like to rather, instead of doing a wall, we would rather
do the enhanced extra trees that I discussed.
Now, regarding the single -- the residential, I would propose a compromise. Instead of listing it is a permitted use, we
list it as a conditional use, which would mean we have to come back through the process when we have specific plans as to what
will be on that site.
The zoning level decision, yes, it would be appropriate Wlder certain circumstances would be addressed today. We'll
come back with those specifics later through the conditional use process. It will come not only to the planning commission but
also have to go to the Board of COWlty Commissioners with the same public input process we go through now.
So shift that from a permitted use to a conditional use. And I think that serves two purposes. J don't want -- we want to
have the flexibility under appropriate circwnstances to have residential back there. And if we can convince this commission to
recommend to the Board of County Commissioners that the specific layout that we'd bring to you with the conditional use is
appropriate, then we hope we can have that approved. Leave the ALF in as a permitted use.
We're just looking for -- you know, who can predict down the road what can happen? We think probably the ALF is the
better alternative, but you just never know.
If it's giving people a heartache to permit residential right now, make us go through another hearing process with a
specific site plan related to that, and hopefully that will address not only the neighbors' concerns but any concerns of anybody on
the planning commission that that mayor may not be an appropriate use.
So I hope globally that addresses both of those concerns that we heard from the residential users to the north.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: So how does that affect your development standards table and --
MR. YOV ANOVICH: Well, we'll have to make the necessary adjustments to take out the reference to residential. And I
understand we'll make those changes and come back hopefully later on in this meeting so we can keep our schedule for the board.
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September 18, 2008
But we would do that, and then we would put in writing the enhanced trees obviously would be needed to be added to
the development commitments.
But we hope that that appropriately addresses both concerns raised by the previous speakers.
CHAIRMAN STRAIN: Okay, Mr. Wolfley?
COMMISSIONER WOLFLEY: No, it doesn't. I don't think it's a compatible use in the area. That's aIL
MR. YOV ANOVICH: You don't think residential under any circumstances is compatible with residential?
COMMISSIONER WOLFLEY: Not a townhome situation, no.
MR. YOV ANOVICH: But it says up to. We could come back with something very different than that. We're asking for
the ability to come to you later on with a specific plan.
COMMISSIONER WOLFLEY: I just think that should the ACLF be put in ultimately, I feel not only is it a great
benefit to the church, but for volunteerism standpoints, it's a great opportunity for the ACLF, from the church parishion -- the
people who attend the church.
It's just too big of an opportunity for the community. An ACLF is certainly needed. It's an aging community.
And then, you know, I don't know where you grew up, about the lights and everything. I grew up in a smaller
community too, but it wasn't Naples. Naples seems to be a little bit different in its restrictions.
But my opinion still stays, and I'm just negatively impacted by the 74-unit multi-family on the property.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: My question's going to relate to mechanism more than anything else, because I want to
be absolutely sure I understand.
I heard what you said and I understood what you said in terms of what you'd like to do.
What would we be voting on now? We don't have a mechanism, words that describe how it would be subject to a
conditional use.
If you go forward with a permitted use of the ALF, where would you insert -- how would you demonstrate that later on
you'd be subject to conditional use? What means would you use?
MR. YOV ANOVICH: We would add a third category in the list of uses. Right now we have permitted and accessory
uses. We would add a third category called conditional uses, and it would be the residentiaL And the Land Development Code
already describes what the process is, is to get an approved -- to get a conditional use approved, we'd follow the LDC provisions
on how to get the conditional use approved.
COMMISSIONER MURRAY: Does that qualifY? Does that -- Ray, does that -- we don't have any implications for
change on that as a result of it coming forward under a certain way"
MR. BELLOWS: For the record, Ray Bellows.
Well, unusual to have a conditional use listed in a PUD. It has been done before.
Basically what we're saying is just like a standard zoning district, there are uses permitted by right and those uses that
can be deemed appropriate subject to review and approval in certain conditions of approval through the conditional use process.
I think what the petitioner is trying to do is get to a point where the overall concept is approved through the approval of
the PUD. But the specifics concerning any of those conditional uses would come back separately and go through the public
hearing process.
I think one of the reasons this is an attractive for the applicant is they don't have to amend the PUD to address market
changes in the future.
CHAIRMAN STRAIN: Ray, isn't the process of conditional use to determine compatibility?
MR. BELLOWS: Yes.
CHAIRMAN STRAIN: So what the objections are that are being expressed by some people is that this may not be
compatible. And what they're saying is okay, we're going to prove to you it is through a conditional use process. And if we can't,
then obviously they won't be given the right to go forward with a conditional use.
And that process they would have to go through is designing a project with appropriate buffers, with appropriate
restrictions, showing anything that has to apply to prove compatibility. They have to take it to a neighborhood informational
meeting, to the people next door and everybody around, come back through the planning commission and come back through the
BCC.
So they're going back through the whole process, ahnost like they are right now --
MR. BELLOWS: Correct.
CHAIRMAN STRAIN: -- for a conditional use.
Mr. Midney then Ms. Caron. Go ahead, Mr. Midney.
MR. MIDNEY: Yeah, I'd like to have them have the option to be able to develop the housing. The ACLF is, you know,
housing for older people. The multi-family would be housing for young couples with children. And it's hard for me to make a case
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September 18, 2008
that, you know, one type of housing is more needed than the other.
I mean, people -- that's a very vulnerable age, you know, people trying to start out I don't see how it would necessarily
be inconsistent.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: Yeah, I think the conditional use is actually a terrific idea, because right now the way this
project is set up, it's sort of church as speculator. And that we don't want
If you bring back the residential as a conditional use, then A, we'll see something other than a blank piece of ground.
You would have to have an actual plan that would show you what their -- they want to put there. And I think we'd be a lot further
along in the process as to whether it was a compatible thing or not
CHAIRMAN STRAIN: Anybody else?
(No response.)
CHAIRMAN STRAIN: Okay, Richard, we are going to walk through the various stipulations one at a time, so we
probably need your input on those. But I have another question to ask you.
This church, do you have any objection to limiting the use ofthe church to their congregation for services?
We have an issue that's come up especially in Golden Gate Estates, especially with the Jehovah's Witnesses that just got
-- unfortunately went through the courts and they got some right to go forward there, negotiated.
And they use their church continuously for outside congregations who drive in, and it becomes a more or less
commercial meeting place.
I'm sure that with the TIS I've seen attached to this document, that isn't anticipated by the traffic generation shown on
that TIS. So I'm assuming then that you have no problem with a restriction limiting it to their congregation for services.
Do you have any issues with that?
MR YOV ANOVICH: Well, honestly, I've not even given that any thought And I don't know that we have.
The issue, Mr. Strain, is -- I mean, I -- I think that's government going frankly a little bit too far in regulating church. I
mean, we're asking for a church use.
Are you saying that ifthe Church of Christ decides to move to another location in Collier County a Presbyterian church
couldn't come in at that point? Are you saying that --
CHAIRMAN STRAIN: No.
MR. YOV ANOVICH: I don't think you're saying that, but are you -- so what you're saying is that if they have church
services at "X" hour on a Sunday, let's say 10:00 a.m. and at noon they want to allow another church to have a church service on a
Sunday at noon, they would no longer be allowed to do that?
Let me give you an example --
CHAIRMAN STRAIN: You're saying a lot of questions but not allowing an answer in between. You can keep
rambling, but eventually I got to have an opportunity to respond to your question --
MR. YOV ANOVICH: I understand. Let me just give you an example, okay, and I'm asking you if this is what you're
trying to get to.
My church, Vanderbilt Presbyterian Church, we have three services during the season, and then we also allow another
church, smaller church, to use our facilities to have their worship service.
Are you trying to prohibit that situation? That's what I'm trying to understand.
CHAIRMAN STRAIN: A church is in my eyes not a commercial enterprise. Now, they may act that way, but I don't
believe they are. I don't believe they put themselves forth as being a commercial enterprise.
They want a church so their parishioners can enjoy a place of worship. I'm all in favor of that, I think that's great. And if
they want to do that as often as they want to go to church, that's fme.
What I have a problem is where they see a need to let other groups come in. I don't mean -- I mean groups like other
churches come in and use the facility that generate more use of the facility that wasn't anticipated, either by the neighborhood or
by the traffic TIS that you submitted.
Now, if -- I can get transportation to comment on that, but when I see a TIS that shows a peak hour on a Sunday for a
particular use in a church, it doesn't mean that it's going to go beyond that point to other continuous operation like some other
churches have gotten into. Either they're a church for their parishioners or they're a commercial enterprise on more of like an
establishment that wants to open their doors on a fee basis or however they do it for others to use.
I'm not sure what this is, and I'm asking for it to be defmed.
MR. YOV ANOVICH: Well, I don't -- I don't think that a church -- first of all, this is not an easy process to go through,
and it's not an inexpensive process to go through to get a church approved.
If there are other smaller churches out there that can serve the community differently than this particular church does in
how they worship or how they -- whatever, why would we not want to give that church an opportunity to use an existing church
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September 18, 2008
facility to further the overall mission" Because there are a lot of different denominations out there, there are a lot of different
faiths out there.
This is a house of worship, okay. It doesn't -- why can't another group -- why couldn't Presbyterians and Baptists share
the same building is what I'm suggesting.
CHAIRMAN STRAIN: Okay, I have -- and I'm not saying they can't But I'm saying if that's what your intention is, I
want it clearly knO\Wl. I want the neighborhood to know that you're not going to be just there on Sundays, you could be there to
whatever hours now you're opening it up to. And I want transportation to acknowledge it doesn't change the TIS.
Because in looking at the TIS, it seems it's only Sunday that you show an activity that's going to generate a peak hour.
Now, if that's going to happen at other times during the week, I certainly think this community needs to know it and I think the
neighbors would like to know it too.
And that also then falls into other things like a wall. And maybe there is a wall more needed now if you're going beyond
the normal Sunday services where you're going to have people driving in, in the evenings for additional congregational meetings
of any kind.
So it opens up a lot of questions. And if that's what your intentions are, we just need to know it.
MR. YOV ANOVICH: I don't think we ever contemplated not allowing other churches to use the facility.
CHAIRMAN STRAIN: Richard, you have to use the mic.
MR. YOV ANOVICH: I wilL My client is telling me they presently have a Spanish speaking church using their facilities
as -- without rent.
CHAIRMAN STRAIN: Mr. Wolfley, did you have a comment?
COMMISSIONER WOLFLEY: Well, yeah, I was going to -- I can't remember, I failed to bring myoId paperwork.
Was there an hours of operation that--
MR. YOV ANOVICH: No.
COMMISSIONER WOLFLEY: -- that was listed?
MR. YOV ANOVICH: No.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER WOLFLEY: I didn't think so. Now didn't we get into that with the church off Immokalee Road?
CHAIRMAN STRAIN: We've gotten into it many times with many churches. We've gotten into the same subject many
times with many churches.
COMMISSIONER WOLFLEY: Exactly. I mean, why do we have to keep going over it and we don't see it listed on the
new ones?
CHAIRMAN STRAIN: Well, if we didn't ask we wouldn't be going over it. 'That's why I'm bringing it up. I think it
needs to be fleshed out and we need to talk about it.
Mr. Murray"
COMMISSIONER MURRAY: And that's exactly where I want to go with it
The question is, and I tend to favor your -- and I also understand what Mark is doing.
'The complaint that was about that one particular organization was they had many congregations and they would come
and they would be there till 9:00, 10:00, II :00 at night --
COMMISSIONER WOLFLEY: Seven days a week.
COMMISSIONER MURRAY: -- and the whole bit with noise, cars, lights, the whole thing.
We may be able to settle this matter. What's the latest in the evening at any given day that this church will operate
officially in its services? And maybe we can put a time on it that makes sense.
MR. YOV ANOVICH: Can we leave -- I don't think I can get that answered for you by standing at the podiwn. Can we
give me a few minutes to discuss that issue and any other issues that may corne up?
CHAIRMAN STRAIN: Certainly. I'd like to have transportation come up anyway. So whoever wants to address this
issue from transportation, I'd certainly appreciate comments.
MR. CASALANGUIDA: Good morning. For the record, Nick Casalanguida, with Transportation.
CHAIRMAN STRAIN: Nick, have you seen the TIS for this project?
MR. CASALANGUIDA: Yes, we have.
CHAIRMAN STRAIN: Okay. Based on the TIS, when did you anticipate traffic being utilized on this site to the
maximwn extent that the site is being designed for?
MR. CASALANGUlDA: For the purposes of the church, it's Sunday morning traffic.
CHAIRMAN STRAIN: If the traffic were to change and go beyond that by the use of other congregations in different
hours of the days of the week or whatever, would that have any change to your concerns over traffic?
MR. CASALANGUIDA: If they were to provide impacts between the peak hours, we count traffic where those impacts
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September 18, 2008
would be, you know, reviewed to get background traffic, it would.
So if they did church service between 4:00 and 6:00 p.m. during the week day where we have concurrency, we have not
reviewed that for impacts.
CHAIRMAN STRAIN: If they did it any other hour, it doesn't bother you?
MR. CASALANGUIDA: That's not the way our concurrency system in Policy 5. I reviews traffic impacts.
The only other issue would be I guess is that even without seeing the traffic impact statement with the submittal that was
submitted the first time, there's still sufficient capacity on Livingston Road through the review of GMP 5. I to accommodate the
church in the p.m. peak hour. That section of roadway does have capacity.
CHAIRMAN STRAIN: Okay, thank you, sir.
MR. CASALANGUIDA: You're welcome.
CHAIRMAN STRAIN: Mr. Schiffer"
COMMISSIONER SCHIFFER: And mark, I'm not really having that much trouble with the mixed use of it. One of the
green concepts we look at in buildings is multi use of buildings, better use of resources.
The last growth management bill by the state asked us to look at efficiency as one of our parameters, and I think this is a
good example of it.
If this would prevent another church from being built essentially, it would be good on the green side of the line.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: Would you like me to read what we stipulated for the Naples Baptist Church, just to
refresh everybody's memory?
CHAIRMAN STRAIN: Sure.
COMMISSIONER CARON: It says, the uses shall be limited to church services in a parsonage. In this case -- in that
case day care was prohibited. We're talking something different here.
The church services shall be limited to Sunday, Wednesday evenings, religious holidays and a maximum of20 special
events per year.
Bible study shall be excluded from this limitation.
CHAIRMAN STRAIN: Okay. Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: I'm uncomfortable with getting too restrictive. I think the church needs some
flexibility. And as Brad said, we want to try and maximize each piece of property we have. And I don't think the church is going
to cause a problem.
CHAIRMAN STRArN: Mr. Midney, then Mr. Wolfley, then Ms. Caron.
MR. MIDNEY: I'd kind oflike to echo that. I know in Immokalee we have a problem with churches not able to find
buildings. And it's, you know, fairly common for one church to use another church just because it is expensive, you know, to get a
church.
CHAIRMAN STRAIN: Mr. Wolfley, then Ms. Caron.
COMMISSIONER WOLFLEY: Exactly, I feel the same way. But gosh dam it, disclose it, you know, to traffic and to
everybody else what the intentions are.
If you're going to use it seven days a week, then say it. That's aiL Or if you're going to use it four days a week or three
days a week. If you're going to have operations between 8:00 a.m. and 9:00 p.m., just disclose it so that we can make sure that
everybody's on board. That's aIL
MR YOV ANOVICH: You know, we're not hiding anything. I mean, I think the implication that we didn't disclose.
Churches, I would bet you that quite a number of churches do allow other faiths to use their facilities and that churches don't only
operate Sunday morning.
You know, churches do have sometimes evening services. Do you have -- you know, the problem is what do you call a
service? If we have a church dinner and we open it up with prayer, and the minister decides to talk 10 minutes about whatever the
topic, do I now have a worship service that occurred on a Tuesday night and have I now violated the PUD law?
It becomes very complicated to define what is or is not a worship service. I don't know what the North Baptist Church
agreed to and I don't think it's relevant If they wanted to agree to it, that's fine. Are you now telling me that the Boy Scouts can't
have troop meetings except on certain days of the week? We can't have Girl Scout meetings there? You know, we can't have other
things --
CHAIRMAN STRAIN: Richard, before you go off, I said outside congregations. Boy Scouts aren't a religious
congregation. Girl Scouts aren't a religious congregation. My comment was outside congregations.
Now, I don't know if anybody else is questioning any different than that, but that's all I questioned. So if you still want
to talk about Boy Scouts and Girl Scouts, go right ahead, but that's not an issue --
MR. YOV ANOVICH: Other outside congregations is common. It happens. I don't think it's a problem. I'm sorry if
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there's a church that has created a problem in the past, but I don't think that we should start regulating evel)'body for the worst
case scenario.
There are noise ordinances, and if they are creating problems, we need to address it that way.
CHAIRMAN STRAIN: We have a I,OOO-page LDC that's changed multiple times a year to regulate to the worst case
scenario, just so you know.
Ms. Caron?
COMMISSIONER CARON: Well, I was just going to comment that there is no limitation on Sunday. I mean, they can
run a service eveI)' hour on Sunday, according to what we approved for the Naples Baptist Church. There's absolutely no
limitation. And it doesn't limit who can be in that congregation either. So I don't think it's quite as restrictive as you like to make it
out
MR. YOV ANOVICH: Well, I'm just asking how restrictive do you want to make it be.
And don't forget, there has been a traffic analysis done for a school and day care during the week.
So that analysis -- there has been an impact analysis of what will happen during the week.
CHAIRMAN STRAIN: The gentleman from Positano Place, would you mind coming up to the microphone and letting
me ask you one question?
Since you represent the project next door that would be most affected by this, I know you went through neighborhood
information meetings where you asked a lot of questions, and you heard this meeting, and I know you and your representative at
least were at the last meeting.
This additional use that could go on here, this unlimited use, if they wanted to bring in other congregations, does that
pose any concern to your organization?
MR. COX: Well, having built YMCA's all around the country, one of the things we would always have to face is we
might do Red Cross training 00 a given night We always had to make sure that we protected the neighborhood.
We want a wall across the north side and we want them to say they're going to do it and we want you to make them do
it. That's what we think ought to happen.
And then we think we can live -- if they do it normally, it's not uncommon for a church to get $50 a week for the Scouts
to meet to help pay for the cleanup of the church and things. We were not opposed to that, as long as they'll be willing to say, you
know, maybe give us some -- I think what you're trying to do is to say you've left it kind of wide, could you narrow it down just a
little bit for us. And we would feel the same thing.
But the biggest concern we have other than the wall is we don't want anybody coming through Positano. And I want
them to say, I would like them to take out any single family, and I'd like them to say that we're never going to ever try to get into
Positano.
We have our own problems. We've talked about that at the neighborhood meeting. We want that specifically. And I'd
like him to stand up here and say we're going to take our traffic in and out on our own and we're going to put a wall up on the
north side.
And I believe that if they follow the Lord's blessing, that they will in fact use the church in the right ways. And I am for
them with other not-for-profits, especially not-for-profits. I would be opposed to for-profits coming in here for them to do
anything that helps them pay for their building. But when it comes to the Red Cross, the YMCA, Hospice meetings, anything like
that, we would be 100 percent for that
CHAIRMAN STRAIN: Thank you vel)' much, sir, I appreciate it
Anybody else?
(No response.)
CHAIRMAN STRAIN: Okay, with that, Richard, did you want to have any rebuttal or do you consider what you just
did enough?
MR. YOV ANOVICH: No, I just wanted to make it clear, because this gentleman wasn't here at the last meeting. We
have never asked for that interconnection. We did specifically say at the last meeting we don't want that interconnection. I believe
the planning commission probably -- I think the planning commission agrees with that It was always a staff generated item.
If the planning commission agrees with us, it would come off. So that's never been something we've been asking for.
And I did at the last meeting, but you weren't here. I just want to make sure you knew that
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: Yeah, just one final question. You and I talked, Mr. Y ovanovich, about the word
cumulative in your PUD.
MR. YOV ANOVICH: And I did, I forgot to ask the question. When we say cumulative, we meant 150 students
cumulative in all students, and not each grade.
So it's total students who are pre-K. It's not -- it couldn't get to the 1,500 number we talked about, yes.
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CHAIRMAN STRAIN: So let's get specific on what's being changed on Page 2--
COMMISSIONER CARON: 150 student total enrollment
CHAIRMAN STRAIN: That's up on the third line on the top. Instead of the word cumulative, it would be 150 student
total enrollment
COMMISSIONER CARON: For all those grades.
CHAIRMAN STRAIN: Okay. Richard, is that all you need to say?
MR. YOV ANOVICH: Is that all I need to say?
CHAIRMAN STRAIN: I know you'd like to say more, but have you said enough?
COMMISSIONER MURRAY: I don't think you want to know what he'd like to say.
MR. YOV ANOVICH: No, I -- this is the family hour.
Let me put -- we would like to have a unanimous recommendation out of the planning commission for obvious reasons.
It saves money on the next level of hearings, hopefully.
If the residential as a conditional use is not going to get us the lll1animous vote, then we'll drop the residential. We'll
keep the ALE
COMMISSIONER WOLFLEY: And you're referring to other than the--
CHAIRMAN STRAIN: Mr. Wolfley, did you want to speak, sir? Go ahead.
COMMISSIONER WOLFLEY: I'm sony, I apologize.
And in my comments, I only meant the 74 units. If the two single-family homes would be used by the pastor or
something or staff of the church, I don't have a problem with that
MR. YOV ANOVICH: And that's what I meant Because that's where I -- I thought that -- it would be number one as the
COMMISSIONER WOLFLEY: I'd hate --
MR. YOV ANOVICH: -- principal use would go away.
COMMISSIONER WOLFLEY: -- seeing those two homes get torn down. That would just be a travesty.
CHAIRMAN STRAIN: They should be lifted up and moved and resold or something like that, yeah.
MR. YOV ANOVICH: You can't tear them down. They're built too welL
COMMISSIONER WOLFLEY: Gotta be moved.
COMMISSIONER MURRAY: Aren't they historical monwnents?
MR. YOV ANOVICH: They probably are. They probably are.
So that would eliminate number one.
COMMISSIONER WOLFLEY: So just need to be clear here. You are saying the ACLF only, if you decide to go that
way.
MR. YOV ANOVICH: Yes, sir, the ALF would stay in.
CHAIRMAN STRAIN: But David, let me say something to you. This property was originally I understand going to be
part of a residential community. It's surrounded by residential. There's no reason residential couldn't work here.
The only concern is, is how would it affect the neighboring property. They actually could benefit from a well done
residential project The proof in that would be the process of a conditional use that the applicant's offering.
The neighboring property owners would have a huge say in what happens there simply by their attendance of these
meetings, the neighborhood infonnation meeting. And they may find out that it actually benefits them to have something other
than a non-residential here because it may increase property values, depending if the need in time forward is there.
I'm not saying we should give it to them today, but I think the reasonableness of a conditional use really provides the
opportunity to scrutinize it and make sure if it is something workable to the people to the north, they have an absolute say in it,
they will be attending -- they could attend all the meetings, they would have neighborhood infonnationaI meetings to be involved
with.
So to me, under those conditions I think that's a way to go. But I'm just one.
Go ahead.
COMMISSIONER WOLFLEY: And they're at a hearing, and what would the other hearing -- the next hearing, the
conditional use hearing could go the same as this. It was meant to be residential, so just -- matter of fact, double the size of the
townhome. I mean, you know, so, anyway --
CHAIRMAN STRAIN: I don't know. I'm sony, I didn't understand -- what are you talking about?
COMMISSIONER WOLFLEY: Well, I would think that the conditional use would go the same way as this is going.
CHAIRMAN STRAIN: I don't understand. This is a use for a church.
COMMISSIONER WOLFLEY: That's correct And that's the way I was trying to leave it, that's aiL
CHAIRMAN STRAIN: This is a PUD, though. I mean, a conditional use is a three-step process for public hearings but
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September 18,1008
--okay.
Mr. Vigliotti?
MR VIGLIOTTI: I can't see them actually coming back for a conditional use. I think this will wind up being an ALF.
But if you do want the possibility of some day doing residential, then leave it as a conditional use. You have to come
back through the process, we have another bite at the apple, and you have to start this whole process again. So I think the
conditional use is a great idea and I can't see restricting the hours of the church.
CHAIRMAN STRAIN: Okay, any other comments?
Mr. Schiffer?
COMMISSIONER SCHIFFER: If the school became very successful, you could blend it into this site, correct? You
could use this site to build a better school?
MR. YOV ANOVICH: Well, actually, we -- no, we could only use it for parking, water management and recreational
uses in support ofthe school.
COMMISSIONER SCHIFFER: Okay, so you could never move the school over around to it?
MR. YOV ANOVICH: Not the way it's currently structured.
COMMISSIONER SCHIFFER: All right, thank you.
CHAIRMAN STRAIN: Any other questions before we close the public hearing?
(No response.)
CHAIRMAN STRAIN: Richard, did you finish?
MR. YOV ANOVICH: Yes, sir.
CHAIRMAN STRAIN: Thank you.
With that we'll close the public hearing. Oh, well, before we do that, Ijust remembered a couple of things.
Number one, there are some changes here. Depending on how this comes out most likely, you'll need to come back this
afternoon with some new language so you haven't got to go on consent. So we need to establish that.
Nancy, I don't remember from last time, did you do a presentation last time?
MS. GUNDLACH: I did, but I have some -- excuse me.
I'm Nancy Gundlach, for the record, Principal Planner with Zoning and Land Development Review.
And I do have some comments based on the revised PUD docwnent that was submitted last week that's before you.
There are some changes that I'd like to bring to your attention.
One is that, if we turn over to the deviation page, it's the second to last page, Exhibit E. There's a change in the
deviation. We had a 25-foot wide Type B buffer. It's now down to a IO-foot wide Type A buffer. And staff is not in support of
that. It's a far less buffer, it's basically 10 feet wide with trees 30 feet on center.
And the issue is buffering incompatible land uses, not who owns the property.
Also, I'd like to invite environmental to come up and speak to you regarding -- there's some language under Exhibit A,
under the preserves, which is not consistent with the GMP. So I wanted to bring that to your attention.
CHAIRMAN STRAIN: Well, Nancy, let's go one at a time.
MS. GUNDLACH: Okay.
CHAIRMAN STRAIN: This language that is -- that you're bringing up, let's talk about it first. You're saying the red
language in here -- we have something that was given to us. What you're proposing is different than what was given to us or part
of -- it looks about the same.
MS. GUNDLACH: What was given to you is the same. That just shows -- the red language shows where the change
took place between the docwnent that you reviewed at the first CCPC meeting on September 4th and the document that we are --
that's before us today.
CHAIRMAN STRAIN: And you're objecting to that language.
MS. GUNDLACH: Correct.
CHAIRMAN STRAIN: Okay. Ms. Caron?
COMMISSIONER CARON: What it said last time was that it would be an alternative Type B buffer to allow a 25-foot
Type B buffer. And now it is saying Type B buffer to allow a 10-foot.
So somewhere along the line they've managed to -- we've managed to lose.
CHAIRMAN STRAIN: Okay, but could you put the site plan back on. Because isn't this the piece between the--
MS. GUNDLACH: Yes.
CHAIRMAN STRAIN: Between the CFR and the CF?
MS. GUNDLACH: Correct.
CHAIRMAN STRAIN: Okay. So as long as they own and control the CFR and the CF, why do we even need a buffer
for to begin with?
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September i8,2008
COMMISSIONER WOLFLEY: That's what I --
COMMISSIONER VIGLIOTTI: Yeah.
MS. GUNDLACH: Okay, ifthey develop the n if they own the back tract, if they develop it with residential, the
purpose of the minimum landscape buffering is to buffer between incompatible uses such as an ACLF, a multi-family residential
project, and a church and schooL
CHAIRMAN STRAIN: But if they own it and they've got to develop it and they got to sell it and utilize it as an ACLF
that's viable and a -- or if they were to get a conditional use, if that's the way this board goes for the multi-family, wouldn't they
have to do whatever they got to do to make it compatible so that people would buy there?
MS. GUNDLACH: Well, they're asking for permission not to meet the minimum code requirement, which makes it
compatible.
CHAIRMAN STRAIN: What makes it compatible, the minimum code requirement?
MS. GUNDLACH: Those are some graphics from a minimum code presentation that I did a couple of years ago.
Can you show both images, Ray.
The image at the bottom is a I O-foot wide buffer. And what we'd be receiving between the church and the back tract
would just be a 10-foot wide buffer with trees 30 feet on center. That's the current language that's proposed.
The minimum code requirement is a 25-foot-wide buffer, and it looks more similar to the image at the top which shows
a double row of trees and a hedge. That's the difference.
CHAIRMAN STRAIN: Okay, but the language that's proposed would only happen if the church owned and developed
both properties, right? Based on the language that they've inserted?
MS. GUNDLACH: Correct. And they could be different uses.
CHAIRMAN STRAIN: Right. But they own them both, right?
MS. GUNDLACH: Correct.
CHAIRMAN STRAIN: Okay. Mr. Vigliotti?
MR. VIGLIOTTI: Are you saying you want this buffer no matter what they do with that piece next door, or only if they
do develop the piece?
MS. GUNDLACH: It only -- the buffer would only come in if they develop the piece.
MR. BELLOWS: As residentiaL
MR. VIGLIOTTI: As residential?
MR. BELLOWS: We don't care if it's another CF use.
CHAIRMAN STRAIN: Okay, but then wouldn't that be an issue we would discuss then during -- ifany conditional use,
ifthat's how this --
MR. BELLOWS: That's true, if you go that route. This was prior to that CU discussion.
CHAIRMAN STRAIN: So deviation number two is not needed unless we put the alternative conditional use n unless
they proceed with the alternative conditional use.
MR. BELLOWS: Yeah.
CHAIRMAN STRAIN: So for all intents and purposes, we're probably going to do one of either two things: We're
either going to eliminate the multi-family or we're going to put it through a conditional use. In either regard, deviation number two
then is irrelevant.
Is that a fair statement?
MS. GUNDLACH: That's fair.
MR. YOV ANOVICH: I don't think so--
CHAIRMAN STRAIN: Okay, then let's just eliminate deviation number two.
MR. YOV ANOVICH: Well, let me ask this question first, because you may be right.
We kept the ability to do an assisted living facility, okay? Is an assisted living facility considered residential for
purposes of buffering between uses?
Because what we want -- I want to make sure it's clear, because if we own the -- everything and we decide to build a
church-related assisted living facility, we say we shouldn't have to have the buffer between us, it's related to the church, we think
they're compatible uses, we're owning it, we're operating it, or one of our affiliates is owning and operating it. That's when our
deviation would apply.
Ifwe sold it to a third-party developer of an assisted living facility, the language says the code-required buffer would
apply.
So what we were trying to say is if we decided as a church to do an assisted living facility, we think this minimum buffer
is all we really need, it's integrated into the church, we don't see them as incompatible uses. And it all comes down to how do you
define an assisted living facility.
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September 18, 2008
,
f
And I think it kind of goes both ways, and I think that's appropriate, because it is, it's kind of quasi-institutional,
quasi-residential under the code. So I just want to -- that's why I don't necessarily want to get rid ofthat language.
CHAIRMAN STRAIN: Okay. Go ahead, Ms. Caron, then Mr. Murray.
COMMISSIONER CARON: I think Mr. Yovanovich is right, I think we need to keep two in there so that if it's not part
of a church facility, whatever gets developed back there, then they are required to meet the code.
MR. BELLOWS: For the record, Ray Bellows.
I just don't have a problem with that The ALF is basically a community facility use.
I think our concern was if it's developed residential, we would like that As long as it's clear in that regard, and we can
address that if we go through the conditional use route at that time.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: Mr. Yovanovich, question having to do with the development overall where that
boundary line would be. Will the surface area be -- once developed, will the surface area be pervious or impervious along that line
where the buffer is being questioned? Abutting on either side.
In other words, would one be able to distinguish a buffer, obviously through the trees, but you would have grass
surrounding the area, or do you have -- Nancy put up there an illustration of impervious on both sides and a buffer. Is that the way
that it's going to look when you folks finish?
MR. YOV ANOVICH: I doubt on the ALF side that they'll be immediately adjacent I don't think you'll have that
situation.
COMMISSIONER MURRAY: I don't think so either.
MR. YOV ANOVICH: I think we do have some parking on the rear ofthe CF piece--
COMMISSIONER MURRAY: You would have parking--
MR. YOV ANOVICH: -- and there would be grass and then you would go into the assisted living facility parcel.
COMMISSIONER MURRAY: On the church side. And using Nancy's illustration that's on here, let's make believe the
one on the left is where the church side is. Is that what you perceive, you would have that type of parking, impervious parking all
the way up to that point?
MR ARNOLD: If! might jump in, I'm Wayne Arnold, lIying to address that
I think what we're -- part ofthe issue, and Rich addressed this last meeting, the question was whether or not we needed a
buffer today. We're in for site plan approval for the church. Staff had requested a landscape buffer between the church and the
vacant CF and R tract
And the question was, did we really need it? We didn't think we did. We came back and adjusted the deviation to 1Iy to
address that situation that we heard the planning commission discuss. That was really that of ownership.
I can't tell you today, Mr. Murray, what that will look like. Ijust know in our site plan right now that we've designed
that's in for review, we have along the back ofthe church building a drive isle and some parking. It terminates at roughly the
bOWldary you see there between the two tracts. And what's there and remaining are the two single-family homes, lawn area and
vegetation.
So there's not a discernible planted 10-foot-wide buffer that we would necessarily need under today's scenario.
Ifwe came back in with an assisted living facility, I think there would be some complementary landscaping. I just don't
know that it needs to necessarily be 25 feet wide or any, depending on how we rearrange the site and how we make it function
with the church.
COMMISSIONER MURRAY: I understand you. I guess what I was hearing ultimately boiling down to is a question of
whether or not it's a third-party ALF versus the church. Perhaps that can be a stipulation in here.
Because I agree, I don't know that the issue of a boundary immediately --
MR ARNOLD: And I think one ofthe things that I was just mentioning to Rich, maybe that deviation needs to be
restructured so that there is no buffer required between the tracts unless it's developed by a third party, ifthat's the direction we're
headed. And I can come back, and we've got the computer, we can address some language with you as we come back.
COMMISSIONER MURRA Y: That's better.
MR. VIGLIOTTI: I agree.
CHAIRMAN STRAIN: Okay, I'd like to get this one moved to a point where we can leave it by break so the applicant
can start working on a rewrite for this afternoon.
Nancy, did you have any more you wanted to--
MS. GUNDLACH: Yes, Ijust wanted to remind you that staff is not supporting deviation number three, which has to
do with the walls.
And the deviation basically eliminates all the walls that are required on this property to buffer it from the adjacent
residential properties.
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September 18, 2008
COMMISSIONER CARON: Okay, but is there a concern in the wall being eliminated from the eastern and southern
boundary?
MS. GUNDLACH: There is.
CHAIRMAN STRAIN: By who?
MS. GUNDLACH: As I described last time when I was out at the BalmoraI site, which is the development to the south,
all the houses along the south property line are built. And you can see right through from their front yards all the way to Positano
Place. So certainly there is going to be a view of the church.
CHAIRMAN STRAIN: Okay. Will the representatives of Balmoral please come up to the speaker.
Nancy, were they given public notification oftoday's meeting"
MS. GUNDLACH: Yes.
CHAIRMAN STRAIN: Okay. Anything else you bave?
MS. GUNDLACH: Just I'd like to invite environmental up. They need to clarifY some language about open space that is
not consistent with tbe Growth Management Plan.
MS. MASON: Good morning. For the record, Susan Mason, with Engineering and Environmental Services Review.
I did just briefly speak also witb Wayne Arnold on tbis, and I believe wbat you can confirm with him, that when I
explained our concerns tbat they could agree with them.
It's what I had mentioned at tbe last meeting, that even with the cbanges it just needs to be clear that any of tbe uses that
they're proposing in tbe preserves shall not impact the minimum required vegetation. That's required by botb Growth
Management Plan language and the LDC.
And also, requested that they remove open space activity, since that's not consistent with preserve uses. It can include
things like lawns, courtyards, atriums, things like tbat. And I believe they don't have a problem with taking out open space activity
and clarifYing that the -- any uses won't impact the minimwn required vegetation.
CHAIRMAN STRAIN: Could you show us where tbe open space activity language is, please?
MR. ARNOLD: Mr. Strain, if! might -- Wayne Arnold -- jump in.
It appears under revised -- under the preserve tract language on Page 4, under item now nwnber two, was previously
number three. And then again under accessory uses Wlder number three.
Tbose are both set up so that it refers back to some standard language as approved by the BZA.
And I think that Susan's concern was the reference to related open space activity, rather than just any other conservation
use, because of concern that we might try to turn this into yards or something.
I don't tbink tbat's an issue for us. If that addresses ber concerns, I think we can delete tbat language. We're only getting
any of this if we go back to the board anyway, so it could very well be a moot point. But nonetbeless, if that's the issue.
And then her second point was if you look at the accessory use language that was revised, under the first one that
mentions boardwalks there's a phrase at the end that says, as long as any clearing required to facilitate these uses does not impact
the minimlUTI required native vegetation.
I think in my discussion witb Susan, sbe would like tbat language moved so tbat it applies to all principal and accessory
uses, so tbat it's not just under tbat one. And I don't bave a problem with that
CHAIRMAN STRAIN: Okay. Wayne, did you bring your computer witb you--
MR. ARNOLD: I did.
CHAIRMAN STRAIN: -- or somehow you're going to be doing all this?
MR ARNOLD: Yes.
CHAIRMAN STRAIN: Because as you do it, could you do a--
MR. ARNOLD: Strikethrough.
CHAIRMAN STRAIN: Yeah, striketbrough version so we can see the changes. And that way it will certainly belp out.
MR. ARNOLD: Yes.
MS. GUNDLACH: Commissioners, I just bave one more piece of information tbat I need to share with you.
I did receive a pbone call from a resident ofPositano Place, and tbey left a voice mail message tbat tbey were opposed
to this project.
CHAIRMAN STRAIN: And tbe name oftbat person?
MS. GUNDLACH: I don't recall the name of that person.
CHAIRMAN STRAIN: Thank you.
Okay, any other questions of staff?
(No response.)
CHAIRMAN STRAIN: Tbe applicant?
(No response.)
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September 18, 2008
CHAIRMAN STRAIN: We've heard public speakers, so now we'll close the public hearing and we'll talk about the
motion fIrst and then take a vote on it.
I'll read my list and I certainly would appreciate the planning commission members to discuss, and we'll take a
consensus before we go to vote.
Number one is the staff recommendation that the playground be removed -- yeah, the staff recommendation for the
playground, that that be removed. Does anybody have a problem with that"
MR VIGLIOTTI: No, it should be out.
CHAIRMAN STRAIN: Number two, remove the interconnection. Does anybody have a problem with that?
COMMISSIONER WOLFLEY: No, we don't want it
CHAIRMAN STRAIN: Number three, here's the fun one. This is the one where there shall be a 200 ACLF unit or 74
multi-family units. There will not be a mixture of the two. The issue of course is whether the 74 multi-family units should be listed
as a CU or struck altogether.
Mr. Vigliotti?
MR. VIGLIOTTI: I believe we should do it as a conditional use. This gives us all the preventative we need. And as I
said, we get another bite at the apple.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: I echo Mr. Vigliotti's--
CHAIRMAN STRAIN: Mr. Schiffer"
COMMISSIONER SCHIFFER: Yeah, my point was when I first saw this, this would be a good site for affordable
housing, but I do think the conditional use process should be involved with that, so --
CHAIRMAN STRAIN: Mr. Midney?
MR. MIDNEY: Agree.
CHAIRMAN STRAIN: Anybody else? Mr. Vigliotti?
MR. VIGLIOTTI: I'd just like to ask one thing, I don't know ifi!'s appropriate now. But the wall that we're talking
about, if we decide we need it at the conditional use, we can require it then, correct?
CHAIRMAN STRAIN: Require it any time you want, yeah. We're going to discuss the wall specifically when we--
yeah, certainly.
Mr. Wolfley?
COMMISSIONER WOLFLEY: Well, I'm going to remain the contrarian then regarding the 74-unit multi-family.
CHAIRMAN STRAIN: Well, I certainly don't see the need to strike it I think a conditional use is more than adequate.
It's unfortunate, Mr. Wolfley, if you're going to force us into--
COMMISSIONER WOLFLEY: I'm not forcing.
CHAIRMAN STRAIN: Well, yeah, you are, because the applicant's going to want to do it that way.
I don't understand your reasoning. This is a residentially zoned area in the first place. It's in the urban area. It was
residential at one time in the past And the conditional use provides everybody with equal protection that they have here today.
But obviously you've got your mind made up and we'll just move fOIWard.
Mr. Vigliotti?
MR. VIGLIOTTI: Mr. Wolfley, after today they have no rights to build it When they leave here today, if we do a
conditional use they have no rights, they can't build it
If they so decide down the road they might want it, well, they've got to start all over again. And by all means they have
to come before us.
COMMISSIONER WOLFLEY: I agree that -- and I'm totally in favor of the property without 74 units. That's aiL
COMMISSIONER VIGLIOTTI: Well, they're not getting them.
COMMISSIONER WOLFLEY: Huh?
MR. VIGLIOTTI: They're not getting the 74 units.
COMMISSIONER WOLFLEY: Okay.
CHAIRMAN STRAIN: Okay. The wall between the CF tract and the CFR tract shall only be required if there's a
non-related land use. And we've just talked about the language that would kick in if it was sold to another entity.
Does anybody have any problem with that issue?
(No response.)
CHAIRMAN STRAIN: Okay, number five, provide a list of principal outdoor recreational facilities. I think that's been
vetted.
Does anybody have any more concerns?
COMMISSIONER MURRAY: Should it be as they wanted it, as what's not going to be applicable?
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CHAIRMAN STRAIN: Well, as we've discussed, you know, what they provided, right--
COMMISSIONER MURRAY: Is that the way--
CHAIRMAN STRAIN: Unless you want to suggest something else, Mr. Murray?
COMMISSIONER MURRAY: No, I wanted to be clear. I just want to be clear.
CHAIRMAN STRAIN: Number six, Exhibit F, list of developer commitments, Item 2(A), environmental. Remove fIrst
two sentences and keep the last sentence.
I'm not sure what that is, so let's l1y to fInd out
MR. YOV ANOVICH: I think we did that on the draft you saw.
CHAIRMAN STRAIN: Okay, that's been done in that prior one?
MR. YOV ANOVICH: Yes, sir.
CHAIRMAN STRAIN: Okay, number seven, Exhibit A, pennitted uses, preserve tract Add a sentence that the land use
cannot be reduced to overall acreage. We've heard that agreed to.
And remove the open space activity. We heard that agreed to.
Anybody have any comments"
(No response.)
CHAIRMAN STRAIN: Number eight, a wall is required along the north property line. Staffs deviation, or the
requested deviation by the applicant removes the wall from the north, eastern and southern boundaries. This would put it back in
on the north property line.
Does anybody have any issues with that?
Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: Yeah, I'm not so sure they need it unless they do either an ALF or the 74 units. I don't
-- can't see why they would do it now. There's no activity there at all.
COMMISSIONER WOLFLEY: Well, they're removing it from--
CHAIRMAN STRAIN: Mr. Wolfley, did you have a comment?
COMMISSIONER WOLFLEY: I was just saying, didn't they say that it was not necessary on the south, east and -- east,
I think you said?
CHAIRMAN STRAIN: Well, the deviation's requesting that there not be a wall on the north, east and southern
boundaries.
The discussion last time was to leave it omitted from the east and southern but require it on the northern because the
people from Positano Place have come in and expressed a concern.
COMMISSIONER WOLFLEY: Yes, that's right
CHAIRMAN STRAIN: Does anybody have a problem with leaving it in on the north"
Mr. Vigliotti just expressed a concern about the area involving the multi-family and ACLF potential.
MR VIGLIOTTI: Right In other words, where I'm going is if they do the ALF or ifthey do the multi-family, of course,
then they would probably require -- defInitely require a wall. I don't see the need for a wall at this time.
CHAIRMAN STRAIN: Ms. Caron, then Mr. Schiffer.
COMMISSIONER CARON: That's not where they're talking about the wall.
COMMISSIONER VIGLIOTTI: I'm talking the north wall.
COMMISSIONER CARON: Yeah, but they're talking about a wall from Livingston to where that pink area or orange
area. It's along the church and school portion, not the back portion.
MR. YOV ANOVICH: Yeah, I thought staff supported, J'm sony, the deviation basically from here all the way around.
It was just from this point west that staff was -- because of the width of the preserve here in combination of their preserve, they
felt a wall was not necessary. I think that's what staff said in their staff report.
MS. GUNDLACH: No, that's not what we said in our staff report. The only place where we're not requiring a wall is
where there's one currently existing at Balmoral Place.
And I can show you -- the wall currently exists -- I'll show you on this graphic -- from here to here, if you can see that
CHAIRMAN STRAIN: Okay. But I think what we're trying to say -- fIrst of all, I understand, Mr. Vigliotti, your
concern about if this goes with a development in the back.
The problem is what they're going to put back there probably is more of a reason to have a wall than the development
Because what they're going to put back there are outdoor activities that could have a wide range of actions. And for Positano to
have protection from that additional noise and meeting, whatever else would occur, ball fIelds, whatever they are, for that
remaining piece of the property, that would solidifY the northern boundary as a solid wall. And personally, I don't see a problem
with that
The eastern side I see no need for it, and the southern side absolutely not because of that long Florida Power and Light
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easement. Plus there's a partial wall already there where the residential are, so --
MR. VIGLIOTTI: So then I'll not make an issue over it because I'm really concerned about getting a unanimous vote
and I don't want to make that a deal breaker.
CHAIRMAN STRAIN: Youjust gave Mr. Wolfley what he needed. You're not a good negotiator, sir.
COMMISSIONER SCHIFFER: Since Bob folded, I mean, I didn't really from a design standpoint see the benefit of the
wall, what they're going to get. It's a six-foot-high wall, correct?
It's a six-foot-high waIL The Balmoral are multi-story buildings, correct?
CHAIRMAN STRAIN: Positano to the north --
COMMISSIONER SCHIFFER: Positano, I mean. They're three-story. I mean--
MR. YOV ANOVICH: I think they're three.
COMMISSIONER SCHIFFER: Yeah. So, I mean, I'm from a -- I don't know what protection you're getting other than
to keep somebody from walking from one side to the other. And a masonry wall is an expensive way to do that.
So, I mean, I'll go along with everybody for the same logic of -- but I don't see what we're gaining out of this thing other
than the expense of a masonry wall.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: Positano stated that they are a gated community. Does that mean there is a wall or a fence
along that boundary?
MR. YOV ANOVICH: It's my understanding that they have a chain link fence along their southern boundary.
COMMISSIONER CARON: All the way from the front to the back?
MR. YOVANOVICH: Yes, I think he just nodded yes.
COMMISSIONER CARON: All right. And they have their own landscaping.
MR. YOV ANOVICH: Yes, ma'am.
COMMISSIONER CARON: And you have offered an enhanced landscape on your side--
MR. YOVANOVICH: Correct.
COMMISSIONER CARON: -- is that correct?
All the way to where your preserve kicks in?
MR. YOVANOVICH: Yes.
And if I could just call your attention to Page 12 of 14 of the initial staff report. I think that's where they said as long as
the preserve was ] 00 feet wide there would be no need for a wall. And that's on the Arlington -- which is Positano, to the north,
Arlington to the east, which is -- and then BalmoraI to the south.
Because there is already a wall, as Nancy pointed out. And then you have their big preserve where their wall ends.
That's how I read Page 12 of 14.
COMMISSIONER MURRAY: I don't think you need a waiL
COMMISSIONER SCHIFFER: Mark, let me--
CHAIRMAN STRAIN: Go ahead, Mr. Schiffer.
COMMISSIONER SCHIFFER: And Rich, if you don't build the wall-- or if you do have to build the wall, you won't
build the enhanced landscape.
MR. YOV ANOVICH: You know, I don't -- there's so much money we can spend. No, there's no reason--
COMMISSIONER SCHIFFER: So the point I'm making is that I think that the development to the north, especially
three-story, would be much more benefitted by trees up in the air blocking the view to the ground than they would be by a wall
that really protects a limited view.
CHAIRMAN STRAIN: Well, if you all remember the Jehovah's Witness case and the neighbors there, the whole issue
was involving that wall between the Jehovah's site and the neighbors to the west.
The wall was needed not because of a view from above or anything else but because of the headlights, the car alanns,
the noise and everything else that was happening.
They appealed our decision and the decision of the Board of County Commissioners and took it to court.
I read the outcome of the court case, and I hope the county attorney's office has got some recollection of it, but it's my
understanding that the judge instituted the wall as a requirement in their settlement ofthat case.
We have a same situation here. We have neighbors to the north who are not going to -- I agree, the chain link fence and
the higher trees give you some visual buffer, but I think the headlights lower to the ground and the noise from the car alanns and
everything else, and especially with a facility that's not going to regulate how often it's to be used now, provide a protection to the
north that enhances compatibility.
So I personally think the wall's a good thing to have on the northern boundary.
Mr. Murray?
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COMMISSIONER MURRAY: These are multi-story buildings to the north, Positano? How -- three-story? A lot of
people live there? They have cars? They have car alarms? They come, they go, their IighlS shine. I think we're talking about -- l'lI
let the court then require it. I can't support a wall there. Not at this point.
CHAIRMAN STRAIN: Okay, any -- what do we have with the wall then?
Mr. Wolfley, what's your thought on the wall? Just yes or no.
COMMISSIONER WOLFLEY: I don't have a real hang-up about a wall, no.
CHAIRMAN STRAIN: What do you mean no, no wall required or--
COMMISSIONER WOLFLEY: No wall required.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: I thought I made my point, no wall on that.
CHAIRMAN STRAIN: Well, then I don't -- okay, Mr. Murray, I was trying to be -- go down the -- Mr. Vigliotti?
MR. VIGLIOTTI: I don't see a need for the wall either.
CHAIRMAN STRAIN: I do.
Ms. Caron?
COMMISSIONER CARON: No, I don't see the need for the waIL
CHAIRMAN STRAIN: Mr. Midney?
MR. MIDNEY: No waiL
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: No waiL Enhanced landscape.
CHAIRMAN STRAIN: Mr. Kolflat?
COMMISSIONER KOLFLA T: WaiL
CHAIRMAN STRAIN: Okay, two walls--
COMMISSIONER WOLFLEY: Mr. Chair? I'm sorry, I'm ill for a week here, I'm surprised I'm here. But no, I am in
favor of the wall along where the church -- where the road is that turns in. I'm sorry, I'm weak -- yes, I'm in favor of the wall there.
CHAIRMAN STRAIN: Okay, there's five that don't see the need for the wall and three that do.
Mr. Schiffer?
COMMISSIONER SCHIFFER: No, go ahead. I'm sorry.
CHAIRMAN STRAIN: Well, that brings us to a split vote on that issue. We have apparently a 7-1 vote that would
occur on the multi-family issue.
Richard, do you have a suggestion that you -- as a solution, or obviously you would rather leave a -- have the one person
on the multi-family go along with the majority and the three in the minority on the wall go along with the majority there too. But
do you have any compromise you want to try?
MR. YOV ANOVICH: I don't know that there -- we understand your -- you're not taking a vote right now?
CHAIRMAN STRAIN: No, we're just trying to get to a vote.
MR. YOV ANOVICH: We're going to come at some point -- there'll be a break, right, and we're supposed to craft
language based upon what we hear is the discussion. And that will come back, and at that point we hear what the majority is
saying and we hear what the minority is saying, and we'll bring you language that we are going to request that you vote on. Ifthat
works --
CHAIRMAN STRAIN: That works fine.
The next couple of things I want to clean up. The limit on the recreation activities to the parcel to the west -- or to the
east, I'm sorry, was from 9:00 p.m. but not before sunrise.
There was to be no formal recreation facilities and no outdoor lighting. No formal ball fields with back stops and no
outdoor -- all that stuff that building permits are required for kind of thing.
There was discussion about limiting the church to their congregation. That seemed to be in negated by the fact that we
would have a waIL But if we're not going to have a wall, we ought to really discuss whether or not we should limit them to their
uses then. Because that was where rhe -- where I thought we had at least touched on it. Is that -- anybody else have any issue with
that?
Mr. Murray?
COMMISSIONER MURRAY: You indicated that you read the court case and didn't the judge then find in favor of the
congregations having their multi-congregation use?
CHAIRMAN STRAIN: With a waIL
COMMISSIONER MURRAY: Okay, but I thought you were about to embark on a discussion about congregations.
CHAIRMAN STRAIN: I am.
COMMISSIONER MURRAY: So the wall I thought was a separate issue. Now you're bringing the wall back into it
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because of the congregations; am I correct?
CHAIRMAN STRAIN: Right.
J -- when we fIrst talked about the congregations, if -- part of that discussion was that during the issue with the wall there
might be a way to detennine compatibility by allowing the multiple congregations as long as there was more protection to the
property to the north.
COMMISSIONER MURRAY: Well, I had indicated earlier that I thought that the wall was not needed because of the
reasons J made. To tie it now to the congregations I think is a circular argument. I hope not, but maybe it is.
CHAIRMAN STRAIN: Mr. Vigliotti?
MR. VIGLIOTTI: Okay, I can't see what the wall is going to do if we're allowing them for only church-related services.
Does it make a difference what denomination of service is there? By allowing them to bring another denomination, is that forcing
them to put a wall up?
CHAIRMAN STRAIN: No, the additional use to the property. The property right now is slated to be used on Sundays.
If they want to utilize the property seven days a week, multiple hours a day, that's going to have a greater impact on the neighbors
to the north.
That impact should be treated with some compatibility measurement, from my perspective. That compatibility
measurement would have been the waiL If the wall's not there then the limitation for congregations may need to be kicked back in.
MR. VIGLIOTTI: I disagree.
CHAIRMAN STRAIN: Okay, well, that's fIne. I mean, I just -- that's what we're here to do is fInd out who agrees and
who disagrees.
Mr. Schiffer?
COMMISSIONER SCHIFFER: Yeah. I mean, I really have a problem putting restrictions on a house of worship in any
way, so -- and I don't see how a wall-- I know you're relating to the other project. The geometry, the scale of the other project, the
concept of an existing neighborhood there too is totally different than this to me.
CHAIRMAN STRAIN: Mr. Kolllat?
COMMISSIONER KOLFLA T: Yes. Well, my vote as far as the wall was predicated on the fact that I thought we had
established relative to uses. Now, if we're going to open it up to uses, then I think that the wall is absolutely necessary because of
the impact on the neighbors to the north.
CHAIRMAN STRAIN: Okay. Well, we're back to the waIL I guess the congregation viewpoint from everybody here,
the consensus is there should be no limitations on the congregations. I don't agree with that personally because I thought the wall
was going to protect it. But if the wall's not there, I have a problem with the openness to that issue. So that actually brings the wall
into a stronger argwnent now.
The other item -- go ahead, Ms. Caron.
COMMISSIONER CARON: I think, Commissioner Strain, that you have a point in a couple of respects, not only with
uses for the church, but then we seem to be losing sight of the fact that they're also going to have a school there. And a wall, while
I had said that I didn't think it was necessary, a wall may protect during the day noise from that school as welL
So I don't know, I'm tom on this issue of wall or no walL I'm thinking that the language that comes back to us may make
all the difference here.
CHAIRMAN STRAIN: Okay. Well, we're going to certainly have to -- we'll get the language back and discuss it at that
time.
Mr. Schmitt"
MR. SCHMITT: I just want to make it clear from staffs perspective, we're still going to go forward to the BCC
requiring the wall. It's incompatible uses and itls a deviation we don't support.
We'll certainly take your recommendation to the board, but from our perspective, and Nancy I thought made that clear,
we don't support the deviation and we believe that the wall is required.
CHAIRMAN STRAIN: If you don't support the deviation, regardless of what position this board takes, does that still
stay on the consent agenda then?
MR. SCHMITT: No, sir, it will go on the regular agenda.
CHAIRMAN STRAIN: Ijust think the applicant needs to know that before they go into--
MR. SCHMITT: That's why I brought it up.
CHAIRMAN STRAIN: Thank you.
Okay, I think we've had plenty of discussion. I think the applicant, you have direction.
MR. YOV ANOVICH: So I can better advise my client during the interim break on this item, can we talk about the
materials for this wall? Because the way it currently reads, it says masonry.
CHAIRMAN STRAIN: Why don't you come back with suggestions, Richard.
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September 18, icro8
MR YOV ANOVICH: Well, I don't want to waste time talking about -- can I talk about, you know -- can we talk about
a solid wood fence as a possible, or, you know, as one alternative, and then you have these -- you have the fences where you put
the posts in, then you slide in the panel versus -- I just want to know are either two -- are both of those alternatives potentially
viable from your perspective and staffs perspective would be helpful during the break.
CHAIRMAN STRAIN: The issue that you just mentioned about the slide-in, that's made of concrete. Those are solid
walls, those are good walls.
MR YOV ANOVICH: I agree--
CHAIRMAN STRAIN: They're cheaper than masonry--
MR YOV ANOVICH: -- but the code says masonry. The code says masonry, which is a problem.
CHAIRMAN STRAIN: I think there's some flexibility there. I would suggest that if you were to get together with the
gentleman from Positano Place to see if they have any concerns, that certainly would -- their position would weigh heavily with
me. So maybe that would be a help to you.
MR. YOV ANOVICH: And the other issue I need to know is I pointed you out to Page] 2 of 14 in the staff discussion
on the deviation. I want to know if they're not supporting the deviation for the entire boundary or are we just talking about what I
thought we were talking about was the pink area to the west, or are we talking about the entire property now? Because I wasn't
sure what Nancy said.
CHAIRMAN STRAIN: Nancy?
MS. GUNDLACH: I can clarifY that The original staff report says that where there is an existing wall at Balmoral, no
additional wall is required.
And where there are cumulative preserve areas, in other words, there's some preserve area proposed for the Naples
Church of Christ and there's preserve adjacent to it on Positano and Balmorai. If that preserve area is a minimum of I 00 feet wide
and opaque to a height of25 feet, no wall is required.
And I'm thinking of -- think back on Pebblebrook when their preserve didn't offer any sort of opacity. So that's why I
wrote that language in, to protect the adjacent neighbors from the impact of this development
CHAIRMAN STRAIN: Mr. Vigliotti?
MR VIGLIOTTI: Is this -- are we going back to -- are the people from Balmoral here?
CHAIRMAN STRAIN: No. But I think what we've done is provide enough direction so the applicant can address the
issues and come back to us and we can just simply take a vote when he comes back with the revised language.
And if that's satisfactory at this point, I think we beat this one to death enough. We need to take a break for 15 minutes.
Let's come back at 10:35 and we'll resume.
This one will come back to us. Let's start a time around 3 :00 this afternoon, as close to that time as we can, so that
hopefully we can have time before 4:30 to finish up with it
(Briefrecess.)
CHAIRMAN STRAIN: Okay, welcome back everyone from our break.
And now that we've had all that enlightening discussion this morning, welre going to go change gears and move into
GMP amendments.
Item #9B and #9C (Continued discussion to later in the meeting)
CP-2006-7, ITALIAN AMERICAN PLAZA AND CLUBHOUSE COMMERCIAL SUBDISTRlCT
CP-2006-8, AIRPORT/ORANGE BLOSSOM COMMERCIAL SUBDISTRICT
CHAIRMAN STRAIN: And the first one today is 9(B). It's CP-2006-7. It's the Future Land Use Element for adoption
involving the Italian-American Plaza and Clubhouse Commercial Subdistrict at Orange Blossom and Airport Road.
County Attorney, do I need to swear in for GMP adoption?
MR KLA TZKOW: Oh, let's just do it
CHAIRMAN STRAIN: Okay. All those wishing--
MR. KLA TZKOW: Well, I've got to tell you, if they're going to lie to you, let them pay, you know.
COMMISSIONER CARON: Yeah, exactly.
(Laughter.)
CHAIRMAN STRAIN: Although no one's ever followed that up in the past, so let's go -- those wishing to testifY on
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behalf of this item, please rise to be sworn in by the court reporter.
(Speakers were duly sworn.)
CHAIRMAN STRAIN: Disclosures on the part of the planning commission"
COMMISSIONER CARON: I spoke to Mr. Yovanovich yesterday about this.
CHAIRMAN STRAIN: Mr. Murray"
COMMISSIONER MURRAY: Same thing.
CHAIRMAN STRAIN: Mr. Wolfley?
COMMISSIONER WOLFLEY: Ditto.
CHAIRMAN STRAIN: And I know I might have spoke to somebody about it I honestly can't remember. There's just
been too many meetings this week And so I'll assume I spoke to Richard about something and hopefully I'll ask the question
again today.
MR. VIGLIOTTI: I also spoke to Mr. Yovanovich.
CHAIRMAN STRAIN: Okay. With that, we will move to the presentation by the applicant
MR. YOV ANOVICH: I think we left off at the -- you wanted us to get to Mr. Casalanguida the proposed transportation
improvements, together with a projection of probable costs for those improvements, which we did.
I believe Mr. Casalanguida is comfortable with the proposed fix, the conceptual fix, as well as the costs.
The next step -- and we wrote a letter addressing the impacts to 1-75. That was also provided to Mr. Casalanguida.
There is -- you have some, I believe some revised language in front of you to address some revisions that have occurred
since the last meeting. What we talked to -- regarding the Italian-American club parcel, we had talked to transportation staff and
transportation staff didn't have any objections to the clubhouse itself being allowed to go forward at this time without the need for
the improvements, because it's an already allowed use and an existing use on the property and would be serving the existing
membership.
It would be the new 34,000 square feet of office and bank facility that would -- as we drafted it would be not allowed to
get a building pennit until the improvements started, the construction started on the improvements. It would not be allowed to get
a CO. until the improvements were substantially complete.
You have some language in front of you from staff that I think they were trying to get there on that But the -- it's on n
and I hope we're reading from the same thing. This is what Mr. Schmidt just gave to me, Corby just gave to me. It's small Roman
Numeral v. And I think it should end in: Clubhouse facility may be excepted from -- shall be excepted from Subsection B, period.
Above, period, sorry.
The rest of this language, ifit can be demonstrated with absolute certainty --I don't know how you demonstrate
anything to absolute certainty.
CHAIRMAN STRAIN: Richard, before you go too far, and I don't mean to distract you --
MR. YOV ANOVICH: Are you reading from something different?
CHAIRMAN STRAIN: No, we've have to find -- everybody's got to be on the same page. And there's so much paper up
here. Put it on the overhead what page you're using for a moment, and then we'll just try to match up to you.
COMMISSIONER MURRAY: Page 3, I think.
CHAIRMAN STRAIN: Well, it's Page 3 in the staff report that was handed out to us, but apparently he's got something
that's -- what page of what is that?
MR. YOV ANOVICH: Page 2 of Exhibit A -- 2 of Exhibit A. I guess it's the combined language that -- do you have this
document?
CHAIRMAN STRAIN: So far I haven't been able to find it Do you have one?
COMMISSIONER MURRAY: It's the one with the red that Corby gave out earlier.
COMMISSIONER CARON: I think it's what Corby gave us earlier.
CHAIRMAN STRAIN: Oh, yeah.
COMMISSIONER WOLFLEY: Oh, geez.
MR. YOV ANOVICH: And what we're proposing is when you look at that B, I think we should end it at the clubhouse
facility, and it should be shall be excepted from Subsection B. And that's the requirement that you -- we have to do the
transportation-related improvements. Period.
The rest of that language is I don't know how you prove anything to an absolute certainty.
CHAIRMAN STRAIN: I saw that too when it was passed out I don't know either, but --
MR. YOV ANOVICH: So I was n I'm a little -- you know, I don't know that that exists in life. So I'm hoping that we can
stop that at that point, since it's -- the Italian-American Club's been around for a long time and it's to serve its members and -- this
compo plan amendment frankly isn't even related to that use, since it's an already allowed conditional use under the current
Comprehensive Plan designation.
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CHAIRMAN STRAIN: Well, if you were to drop the words absolute certainty, wouldn't that still serve the purpose?
Demonstrated with. So just say demonstrated that the transportation impacts of the facility do not require.
Mr. Schmidt, do you agree with that? Mr. Corby? Corby Schmidt.
MR. SCHMIDT: Yes, Mr. Chairman. Just deleting those three words: With absolute certainty.
CHAIRMAN STRAIN: Any problem with --
MR. SCHMIDT: Corby Schmidt.
CHAIRMAN STRAIN: Any problem with the word shall in use of -- in lieu of may?
(No response.)
CHAIRMAN STRAIN: In the fIrst line, the clubhouse facility shall be excepted instead of may be excepted. That's
what he's asking.
MR. SCHMIDT: Agreed.
CHAIRMAN STRAIN: Thank you.
Richard, go ahead.
MR. YOV ANOVICH: I think that was it from my property owner's perspective.
I know you had some questions that you raised regarding the study to support the other parcel, as far as the market
study.
But I don't think from the Italian-American Club's perspective that it was a -- oh, I'm sony, there's one more page.
It's -- do they have this page as well, Corby?
MR. SCHMIDT: They do.
MR. YOV ANOVICH: Do you want to put that up there"
The last page ofthe handout there's a provision that's added to allow an individual property owner to go forth and build
all of the improvements.
We want a provision that says, for instance, ifthe Italian-American Club builds all the improvements, the remaining
property owners that need those improvements will be required to reimburse us. And that's what that paragraph's intended to say.
So we're just asking for that assurance to be -- we would like the option to be -- instead of having the county build them,
we would like the ability to do it if we need to and then get reimbursed as people come through the development process to the
County.
If they go through a rezone or they come with an SDP or a plat, the county will say okay, your proportionate share of
that is "X" dollars, it's a condition of getting your plat that you pay that money back to whoever built the facilities.
CHAIRMAN STRAIN: Ms. Caron, then Mr. Murray.
COMMISSIONER CARON: So just to the County Attorney, that it is okay for us to stipulate something like that?
CHAIRMAN STRAIN: Mr. Klatzkow, I'd assume that if we were, we'd have to put some caveat in there that it would
be to the extent collected by the county.
COMMISSIONER MURRAY: Yeah.
CHAIRMAN STRAIN: We wouldn't be on the hook for something that we didn't--
MR. YOV ANOVICH: No, we're not asking you to pay it, we're just asking you to say to the person who comes in with
their SDP, you don't pass go unless you pay your fair share.
COMMISSIONER CARON: Understood the intent--
CHAIRMAN STRAIN: Is that government enforcing a private debt?
MR. KLA TZKOW: I'm not sure I'm comfortable with this.
CHAIRMAN STRAIN: Well, we've got a lot of other things to discuss, so maybe you could take a look at that while we
move on with the rest of the issues, and then go from there.
Mr. Murray? Oh, I'm sorry, Ms. Caron wasn!t fmished.
COMMISSIONER CARON: I was just going to say, I think the intent is obviously correct. I'm just not sure we can do
that. So I'm happy that the attorney's going to look at it. Thank you.
CHAIRMAN STRAIN: Mr. Murray?
COMM1SSIONER MURRA Y: And after you pass go on that one, you're talking about the dollars, today's dollars or the
dollars applicable at that point in time?
MR YOV ANOVICH: If we build the improvements, and I think it's estimated right around a million-two, if we spend a
million-two on the actual construction and our share is --
COMMISSIONER MURRAY: Okay, I understand that--
MR YOV ANOVICH: -- whatever it is, they pay for what they should have paid.
We just don't think that it's fair to someone else to get a free ride.
COMMISSIONER MURRAY: I agree.
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CHAIRMAN STRAIN: Mr. Wolfley?
COMMISSIONER WOLFLEY: No, I'm going to let it sit, never mind.
CHAIRMAN STRAIN: Okay. Those are the changes that have been given to us today, and they're in red.
We also had a package that was sent out to us by staff, and it's several pages. Actually, there's another couple of pages
attached to it from applicant's representatives.
We may want to turn to that, if everybody can find the right one. It's titled Supplemental Staff Report. And this one was
a combination supplemental report for 2006-7 and 2006-8. It was in a packet sent out by compo planning early last week.
So if we're all on the same page, what I'd like to do is take a look at that package and see ifthere's any questions from
the planning commission from within that supplemental report, or for that matter the prior report, if there's still something not
answered.
And as a housekeeping matter, David, on Page 2 of that report, paren. six, there's an italicized note at the bottom that
says, as it now appears as part of the supplemental materials provided to you for your September 8th adoption hearing.
I'm not -- can you identifY what -- where it is, because -- I'm on Page 2, parenthetical six, the italicized part towards the
last line. It appears there should have been a supplemental material outlining the staff and transportation staff analysis. And I may
be looking for more than what we got, and we may have gotten just a paragraph to supplement it, but u
MR. SCHMIDT: Actually, you may have received more than you had been looking for. But it is everything, including
the plastic pouches with additional site platted map, the traffic study that was done since your last hearing and provided as part of
that intersection improvement plan to the transportation director and accepted by him during the last days.
And again working backward from those plastic pouches to the point where we reach the new Exhibit A maps, that is
the documentation being referred to in paragraph six.
CHAIRMAN STRAIN: Okay. And did transportation department sign off on it then basically? Is that what Nick's going
to come up and tell us for the record? Because that was one of the remaining items that we had discussed from last time.
MR. CASALANGUIDA: For the record, Nick Casalanguida.
I'd like to walk you through it and explain it to you, if I could, if you don't u
CHAIRMAN STRAIN: Sure.
MR. CASALANGUIDA: -- mind. Okay.
What we had done is work with them with the limitations of right-of-way. They can't acquire right to do a project The
Italian-American Club at the southwest comer has offered to donate right-of-way to accommodate that project
So we said what can we do with the right-of-way that we have? Let's do the traffic analysis, provide it as an exhibit in
costs. They've done that.
They've agreed to modifY the southbound turn lane on Airport Road and provide a turn lane pocket U-turn prior to that
That will eliminate a lot of the traffic issues southbound.
East u thanks, Rich. I know that, thanks.
It's good to have a coach behind you.
Eastbound we added an additional left turn lane, but we didn't close that median to that entrance that's over there
because this project hasn't been publicly vetted. And that's been an issue how we've received through e-mails, that this should be a
public project, the neighbors should have the opportunity to talk about what's going to be constructed and how it impacts them as
well too.
Westbound they add an additional left turn lane as welL
The problem on the west side ofthe intersection is you're limited by right-of-way and you have to merge the traffic
coming eastbound soon, sooner than you'd want to. So that movement gets penalized a little bit.
So what we asked Me. Price to do, as their consultant, is to do the intersection analysis as if nothing happens, and
existing projects would move forward. And it's a mess. You know, Ws a county issue, background traffic, something we'd have to
put in our capital plan at some point in time.
Then we had them analyze it with all the projects potentially come in and with these improvements. And there was a
vast improvement.
Now, the overall intersection level of service is E. It's acceptable. You do have those failing left turn movements
because they're restricted by right-of-way.
So if we publicly vet this, one ofthe comments that may come up is make it a county project, buy a little bit of
right-of-way that you need on the north side and expand that merge lane to the east. And that may be the right thing to do.
But they've done the max they can do with the existing right-of-way and the right-of-way that they controL And it's a
vast improvement from what was there before.
So the issue about collecting money, rm not comfortable with that, because we've ran through this before a little bit with
Naples Nissan. And I suggested some language yesterday and we were trying to get it coordinated in time for the meeting.
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I don't care who builds it, whether it's the county or them. Someone has to build it before they get their final CO. If they
want to build it in advance of the county, there needs to be a private agreement between them and the people around them to do
that, because I don't think we're in a position that we collect that money, similar to what we've done with Naples Nissan.
And the project needs to be publicly bid and publicly vetted. And that's to cover for the people in the area.
So I'm satisfied that what they provided is an overall vast improvement to what's there and, you know, greatly
accommodates their project traffic, but it has to go through public process. So what you see on these plans could change and the
dollars could change.
CHAIRMAN STRAIN: Well, the objective was to meet the intention of what they told us they would do before --
MR. CASALANGUIDA: They did--
CHAIRMAN STRAIN: -- which was to provide. And that's -- if you're satisfied with that, that meets that intent during
the transmittal phase, or at least it should.
The other thing you brought up is you're not satisfied with the language that's been presented to us that's on the board
right now.
Is there language that works?
MR. CASALANGUIDA: I think that last paragraph that we talked about is. In prior they talked about that they wouldn't
get any Certificates of Occupancy prior to construction.
As far as who builds it, I think we can say the county can build it or they can build it, but in no case will CO.'s be issued
Wltil the project's substantially complete.
CHAIRMAN STRAIN: Okay. We need language. If we're going to move something forward from this board, it's got to
have to have language that's been more or less reviewed.
MR. CASALANGUIDA: I think you could take out that last paragraph, because in the prior paragraphs it says that they
don't get to move forward until the project's done.
CHAIRMAN STRAIN: Well, the project being done, meaning they can start -- they have to start construction before
the first building permit and complete before CO.
MR. CASALANGUIDA: That's correct.
CHAIRMAN STRAIN: Now, Naples Nissan. I keep bringing it up because that was a real bad deal.
MR. CASALANGUIDA: Right.
CHAIRMAN STRAIN: Can that happen here?
MR. CASALANGUIDA: No. In the sense that with Naples Nissan, the issue was it wasn't publicly vetted or publicly
bid. But we can require that as part ofthis. I think that was the big issue with Naples Nissan.
CHAIRMAN STRAIN: Okay. And the language to require that public vetting is?
MR. CASALANGUIDA: ] think we can add a paragraph that this project will be put through the public involvement
process. The intersection improvement will be put through the public involvement process, whether it's done privately or publicly,
and that project will be openly bid.
CHAIRMAN STRAIN: Okay, again, we're here today to move this out ofhere. We've been -- this is the second or third
meeting on the same scheduled GMP amendment. And I know everybody's got their problems about the amount of review. We've
got to get this done today. So someone needs to write the language, put it on the screen for approval and the board can take action
on it when we get to that point.
MR. YOV ANOVICH: Me Strain, what this says, and maybe you need to say -- maybe we need to add the following. I
think it should say, in addition a property owner may construct intersection improvements in accordance with the approved
intersection plans and pursuant to an agreement -- and pursuant to a developer contribution agreement with Collier COW1ty.
Nick will then, when we come forward with a developer contribution agreement, insert all the specifics regarding the
bidding process. I don't think you want to get all those specifics into the Comprehensive Plan. I don't think we need that.
But I think if we were to just say, you know, pursuant to -- you know, we'll do this pursuant to a developer contribution
agreement between the property owner and the county, then that would cover it. And then--
MR. CASALANGUIDA: The issue is about the plans. The plans have been reviewed by us but they haven't been
publicly vetted. So when you say pursuant to the plans that have been provided, subject to public comment and approval.
CHAIRMAN STRAIN: Well, okay, let me try it again: In addition, the property owner may construct intersection
improvements in accordance with the approved intersection improvements plan and per a DCA with Collier County that is
reviewed by both the Board of County Commissioners and the Collier County Planning Commission.
Now, does that get you your public process by coming to us for the DCA?
MR. CASALANGUIDA: Sure.
CHAIRMAN STRAIN: And I think that from a board's perspective, if we had a chance to make sure it matches up, it
would help the BCC move it forward as well.
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MR CASALANGUIDA: That's fme. That would work.
CHAIRMAN STRAIN: Okay. Does that work with everybody here?
COMMISSIONER MURRAY: Sounds good.
CHAIRMAN STRAIN: Okay. So Corby, you understand the language"
MR SCHMIDT: I do. But the language requiring the DCA is already in place, so I have another suggestion, and I'll put
it up on screen.
CHAIRMAN STRAIN: Okay.
Mr. Klatzkow, this will probably eliminate the need for you to comment on this whole process, so just to give--
MR KLA TZKOW: I don't know about that
MR SCHMIDT: You'll see on screen staffs handwriting. We've already removed a clause or a phrase from the middle
of this provision so it doesn't imply a partial job or partial work being done. And that is, and contribute a proportionate share of
the cost of the remaining improvements. Already agreed to strike that between staff and the petitioners.
CHAIRMAN STRAIN: But see, Corby, leaving that last portion in provides an ambiguity for the county in order to
monitor in how it's reimbursed and collected, to the extent it's reimbursed and collected. And then when you say proper public
involvement process, it could be a lot of people would assume that maybe by just going to one public meeting it's not as proper as
ifit went to multiple public meetings for review.
So I don't -- I think that language is more flexible than what the applicant already acknowledged wouldn't be a problem
from their particular viewpoint.
MR. SCHMIDT: All right, we'll work on that
CHAIRMAN STRAIN: Okay. Well, the reason that I'm asking is I'd like to get -- we need to get these things resolved.
Otherwise we're just going to keep beating it around for no reason, so -- well, let's move on to the next thing while you're looking
at that, Corby.
On Page 3 of this staff report, the supplemental report, the second paragraph, fourth line from the bottom starts with the
word, compatibility. Then the sentence that starts on that line says, any senior housing facility is not subject to the square footage
limitation but must meet all other provisions of the Collier County Land Development Code.
What are those other provisions that it would meet as far as square footage limitation? Does anybody know"
MR. YOV ANOVICH: I think as you -- senior housing is based on a floor area ratio, not square footage.
CHAIRMAN STRAIN: But is it in the--
MR YOV ANOVICH: It's in the Land Development Code. There's the floor area ratio for -- right now it's at.45 in the
Land Development Code. There's not a square footage associated with that
CHAIRMAN STRAIN: No, I'm fine with the FAR. I know that we are very limited in the amount ofreferences we have
on our LDC to FAR. But if you're confirmed and that's on record that we have a limitation in the LDC for an FAR for the senior
housing facility, which I assume then would be considered a congregate living facility or an ACLF-type facility that's
comparable?
MR. SCHMIDT: It is. They are.
CHAIRMAN STRAIN: Okay. Then I'm not sure how we describe it in the LDC. And if we describe it as an ACLF, as
long as this falls under that umbrella, then I think the problem is resolved.
MR SCHMIDT: It does, and I agree.
CHAIRMAN STRAIN: Okay.
Anybody have any other questions with the supplemental staff report?
(No response.)
CHAIRMAN STRAIN: We have some writing that was received from Hole-Montes in regards to this project It was
also in our packet It was -- followed the supplemental staff report
The only part of it that -- there was a subsection that was added to the back of the very last page of that, the second page
of the applicant's information. It said: However, the construction of20,000 square-foot clubhouse does not require the
construction or the initiation of Orange Blossom Drive/Airport Road intersection improvements.
Now, Corby, that issue you took up in the prior language that we just reviewed and modified; is that correct?
MR SCHMIDT: That is correct And you'll see that as part of Parcel One, Subsection "v".
CHAIRMAN STRAIN: Okay. The supplemental staff report is reviewing both Petition CP-2006-7 and CP-2006-8.
When we opened the meeting up, we only did so for 7.
I know you want us to look at this jointly, so in that regard why don't we clean it up and we'll open up 2006-8 as well for
concurrent discussion.
Is anybody -- those wishing to testifY on hehalf of 2006-8, please rise to be sworn in by the court reporter.
(Speakers were duly sworn.)
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CHAIRMAN STRAIN: Are there any disclosures different for 8 than there were for 7 from the planning commission?
(No response.)
CHAIRMAN STRAIN: Okay, so now with that, the supplemental staff report was written for both, so I'm assuming the
questions anyone may have had with that would have been discussed.
And we also got a separate response from Fishkind and Associates to our request last time in trying to explain why they
used a 2.0 as a basis for their commercial analysis.
Are there any questions involving 2006-8 from the planning commission?
COMMISSIONER MURRAY: You mean we're talking about the Fishkind document yet or what?
CHAIRMAN STRAIN: We're talking about 2006-8, and the Fishkind document was written in response to 2006-8. So
yeah, you can ask about that one, certainly.
COMMISSIONER MURRAY: Because I don't want to jump the gun, but I just want to -- maybe I'll make a comment
and maybe it will generate some conversation.
But I've read this over and I just don't think that it properly answers the questions that were posed.
CHAIRMAN STRAIN: I think your microphone, could you pull it a little closer to you.
COMMISSIONER MURRAY: Oh, I'm sorry, I apologize.
What I was -- I'll make a comment that I think that the -- well intended though it may be, I don't think that it really helps
-- I think it's the intent just to clarifY, I don't think it completely does what we expected.
And my point, I made a question to myself, how valid is this explanation in the current implosion that we're going
through? There are too many variables, as I understood this.
Now, I'm not trying to be critical of it. I understand it's intending to help us. But I just don't feel comfortable that it does
the job that we intended that it should.
I hope that Russell will be able to come up and qualifY it further. General comment.
MR. WEYER: Good morning, Commissioners. For the record, Russ Weyer from Fishkind and Associates.
Mr. Murray, I kind of don't understand what your d
COMMISSIONER MURRAY: I know. I was too vague and I apologize, but this is rather lengthy --
MR. WEYER: I understand.
COMMISSIONER MURRAY: d and you don't have it paginated, so I can't call your attention to a page.
But for instance, there's a lot of variables in here. We then use a variety of models for retail demand. Then you say, it is
at this point in the analysis that caused an anomaly. And then you finally top it offby indicating that the staff have required you to
do such and such and so and so.
So while it's a whole lot of information, and I know that you d it's not mathematics, I understand that. Mathematics are
applicable, but it's not mathematics. But I'm not sure that we can -- I don't get out of it the 2.0. I know you can arrive at that
number, but I don't get at it.
MR. WEYER: Let me give you a little bit of an explanation because--
COMMISSIONER MURRAY: I apologize.
MR. WEYER: No, no, no, no problem.
And I know Commissioner Strain had mentioned, you know, in that last meeting where we talked about New York and
Atlanta and those kind of places, understanding when we're looking out long-term to 2030, we're looking out 20 years.
In a case like that when we're required to do the analysis, we also have to take into account all those lands which are
(sic) not at the moment have any designation or zoning on them in terms of commercial. But they do have commercial overlay.
We are required to count them in terms of potential supply.
So when you do that, what happens -- you'll never approve anything, if you will, because we have to take a look at that.
Let's say we do -- under commercial we have different uses. And let's say we're looking specifically at an office. All those lands
have to be considered office. Well, that in reality is not going to happen when we build out, right?
Retail the same way.
So what happens is, when we do the analysis and that land hasn't been zoned yet and still has the overlay on it, when we
do a commercial office, it would have to be considered office. If we do commercial retail, it would have to be considered
commercial retail.
Consequently, as you get closer to 2030, your allocations are going to get closer to one, as in the case here of this office.
If you looked at the Karate (phonetic) Airport piece, it was .99, which is close to one. And that's because you're closer to
build-out, if you will, because those parcels are taken down.
And let's assume, for instance, if we were looking -- in this case there were 117 parcels that have the potential of being
office, retail, whatever. As you go forward and those become -- and the supply -- or the demand comes along and we turn it to -- it
turns into supply and people are coming forward to you to get that approved, ultimately we will get down to near the end in 2030,
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September 18, 2008
let's say for instance, and your allocations, the demand is going to force those to be certain types of supply in terms of office or
retaiL So then they're defined at that point. That's why you're going to get closer to an allocation of one.
But when you're looking out that far right now, it's really not determinable.
Let me give you another good example. We had to do a needs analysis also for a place out in Golden Gate, the City of
Golden Gate. And the City of Golden Gate has an overlay on it for commercial uses. And right along Golden Gate Parkway there
right now are residential units, which in turn have to be considered commercial when we do our analysis.
Well, who knows if -- are they going to stay residential? Are they going to be torn down and become commercial?
When they get torn down and become commercial, what types of commercial are they going to be? Consequently, that's why we
like to keep that allocation ratio at two.
And as I had mentioned, we've submitted this around the state for other needs or compo plan changes, and the DCA has
accepted between 1.8 and 2.4 going forward.
But as you get closer that build-out, it's going to get closer to one.
COMMISSIONER MURRAY: I understand all of the components. The thing that I guess tripped me up in this regard
was the one statement that you made is that staff was requiring you to treat lands a certain way. And I wondered ifthat in some
respect changed the way your analysis might have come out had you not been restricted.
MR. WEYER: In that case it probably would, because then you wouldn't have to wony about an allocation ratio at that
point. If you kept those lands out of it and actually looked at the true supply demand and what's been zoned and you look at the
population going forward from that point of view, that is correct.
And not just here in Collier County, but in other jurisdictions the same thing happens.
COMMISSIONER MURRAY: A commercial project is -- what's the useful life on a commercial project, 30, 50 years?
Do we know?
MR. WEYER: It all varies with location, it all varies with its actual use. You know, we've seen -- a lot of them when
you say commercial life, you mean are they going to change? They do.
COMMISSIONER MURRAY: No, I mean their improvement. The improvement's life. The useful life of the --
MR. WEYER: Yeah, before they really do any changes to it? Probably 15,20 years before they do a makeover or tear it
down and do something different.
COMMISSIONER MURRAY: 15 to 207
MR. WEYER: Uh-huh.
COMMISSIONER MURRAY: Wow, I thought it was longer.
MR. WEYER: All depends again on the use, and how often it is used.
CHAIRMAN STRAIN: We're on 2007 and 2008 as ajoint application. Any other questions?
(No response.)
CHAIRMAN STRAIN: Russ, when I brought this up as a question, I simply asked, show me where the 2.0 is in a
textual reference from a docwnented source. You haven't provided that. Why?
I mean, I read your analysis, I heard your answer to Mr. Murray.
MR. WEYER: Yes, sir.
CHAIRMAN STRAIN: I mean, from what I read in your analysis, and it says Fishkind believes that to ensure proper
flexibility in a Comprehensive Plan a commercial allocation ratio in the range of2.0 is necessary.
It doesn't show me the ULl or any other known growth patterned facility recommends 2.0 for a municipality such as
ours. That's the docwnentation I was looking for. I wasn't looking for what a paid expert for the applicant wants to tell us, because
they're going to tell us what gets their success. And I don't really believe that's what I need for my analysis of this.
Do you have anything that gives me something other than what your firm believes?
MR. WEYER: Mr. Strain, I don't have that with me, but I will get you information for that. That is correct. And I
apologize for that.
CHAIRMAN STRAIN: Okay. David, this one had come before us in transmittaL Was this the one that had a different
amount of square footage than currently being requested?
MR. WEEKS: That's correct.
CHAIRMAN STRAIN: What was the other square footage; do you recall?
MR. NADEAU: Mr. Chairman, Planning Commissioners, for the record, Dwight Nadeau, RW A.
The original application request came in for 50,000 square feet of commercial and retail. It was subsequently dropped
to 12,000 square feet of professional medical offices in combination with a fairly certain assisted living developer purchasing four
acres of the property.
Subsequently that contract was not maintained, and so we then reapproached the petition such that there would be
40,000 square feet of limited professional and commercial offices, no retail.
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CHAIRMAN STRAIN: Okay. So you originally came in with 50,000, modified that to 12,000 with an ACLF, or
whatever the acronym wants to be used today, and that fell apart between transmittal and adoption. You've come back on
adoption for 40,000 square feet.
MR. NADEAU: That is accurate.
CHAIRMAN STRAIN: Okay. Thank you, sir.
Oh, Ms. Caron?
COMMISSIONER CARON: But ALF is still in there.
MR. NADEAU: The opportunity for the ALF is still in there.
COMMISSIONER CARON: That would be 40,000 plus ALF, the way it reads now.
MR. NADEAU: It could be, yes. But we also have the transportation concurrency limitations as well.
CHAIRMAN STRAIN: Thank you.
I have a question of staff.
Corby, it takes a long time to process a GMP amendment. And I'm not saying that's wrong, because it has to go through
a lot of review by your department. And from my reading of your department, you guys have been pretty strict in the way you
review these things.
We're now into a third rendition of this project from the time it was originally put through for you. I'd like to know why
it's still retained in its current body, since it's changed so much from the original submittal, and how you have maintained your
position on it over those different courses of action.
Because right now the basis that I thought was coming forward was this 2.0 factor. That seemed to be a big issue as a
basis for the analysis that was provided to you. But now welre fmding out there's no basis for the 2.0, at least one hasn't been
presented to date, other than the applicant's expert feels that way, as I assume many experts feel.
So now rm concerned as to what your basis was and how you got to where you are today.
MR. SCHMIDT: It may take some time to explain that.
During the transmittal hearings and with that initial application, staff looked at two very different market studies. Upon
the recommendation from yourselves and from the county board, new studies were prepared for the new mixture of land uses that
omitted the commercial uses. And they also included, those market studies, new fonnulas or new methods.
One of them, and that's the Fishkind method, included the one you've been questioning, the one you've asked for more
information and explanation from.
The opportunity that staff had post-transmittal to look at two new studies together, simply because the two sub-districts
were neighboring and being proposed at the same time, allowed us to use information from both market studies to come to and
draw our conclusions.
The results may not have been the same if we were looking at only one or only the other at different times, or if they
were in different places.
So we took that combination of market studies to come up with our conclusions and our recommendations to you.
CHAIRMAN STRAIN: So even if an applicant under a particular piece of property doesn't make his case as clearly as
he needs to from your department's perspective, if you have files full ofrelated infonnation from somewhere else nearby, you can
utilize that at the times you want to utilize it to then use that to apply to an analysis to his property to give him a favorable
reading?
MR. SCHMIDT: I would not characterize it that way. I have not been around long enough to have that opportunity, nor
do I know that that has been staff practice at all.
Where we've drawn from previous studies, we may have drawn from previous experiences and knowing what to look
for in market studies. And there are some staff and administrative standards along that line.
But here because they were companion items, we did take that opportunity.
CHAIRMAN STRAIN: Okay. I'm still not convinced that the 40,000 with the ACLF is the right mix, and that's where
my concern is. So I wanted to make sure I understood where your process was coming from in order to get there.
Ms. Caron?
COMMISSIONER CARON: Yeah, I'd like to go back to that a little bit as well.
Originally when this first came to us, it came with a recommendation from your office to deny, based on a market needs
analysis that you all had done for us in the county.
MR. SCHMIDT: Well, it was staffs or our review of those materials, yes.
COMMISSIONER CARON: Right. So now that you're looking at these two paid studies, what makes you think that
they're the right answer and your answer initially was the wrong answer?
MR. SCHMIDT: I'm sorry, a number of factors came into play to come up with a different recommendation, including
the intensity of the uses and the impact on the transportation system, how that market study, along with the transportation studies,
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worked at that location.
The demand could not be shown for more commercial space at this -- or at these locations in those first studies. But the
study areas and the demand for more office and services uses completely -- truly a different kind of study, could be shown by the
more recent studies. And I think that was a prime difference between the two.
COMMISSIONER CARON: Okay.
CHAIRMAN STRAIN: Are there any other questions involving the 2007 -- I mean, the 2006-7 or 2006-8 GMP
adoption amendments?
(No response.)
CHAIRMAN STRAIN: Corby, did you fmish the language in that last paragraph that we previously talked about?
MR. SCHMIDT: Nick was unavailable and we'll still be working on that
CHAIRMAN STRAIN: Only reason is, that's got to get resolved in order to move forward.
MR. YOV ANOVICH: I spoke to the County Attorney, and here's what we're suggesting.
Do you have a clean version?
Ignore my chicken -- ignore the chicken scratch, because I didn't realize that it was covered later.
What we're suggesting is this provision would read as follows: An Orange Blossom Drive/Airport Road intersection
improvements plan sufficient to accommodate the project traffic and overall levels of service through intersection design must be
approved prior to any development order approvaL Period.
Delete the other language that dealt with the DCA, because that required -- in a DCA that would require a pro rata share
from everybody in the area.
And then have the condition that says, construction per the approved Orange Blossom Drive/Airport Road Intersection
improvements plan must commence prior to issuance of a building permit for improvements on a parcel and be completed prior to
the issuance of any Certificate of Occupancy.
So the plans have got to be -- either the county's going to build them or we'll enter an agreement with the county to
where we build them, the details of which don't need to be in the compo plan. The condition that they be there is in the compo plan,
but how we don't think needs to be in the compo plan.
And then the other revision I made regarding the clubhouse being exempted from this Section B, with the revisions that
we made prior that everybody agreed to would stay in place.
CHAIRMAN STRAIN: Mr. Murray?
MR. YOV ANOVICH: And then you wouldn't need that last page that we talked about
COMMISSIONER MURRAY: If I recall correctly, though, I think David Weeks indicated that there was something in
the ORC report where because it's a subdistrict, a unique thing that they wanted --
MR. YOV ANOVICH: They wanted us to say how we were going to address, and that's how we would be addressing it
We would prohibit any building permits prior to the plans being under construction.
COMMISSIONER MURRAY: I don't have a problem with the language you just cited, I'm just --I have a recollection
of that. So maybe I'm asking David really what -- am J accurate in that statement?
First of all, that the ORC report that related that, that they want it because it was a subdistrict special, that they wanted it
more clearly defined in the compo plan -- in the compo amendment?
MR. YOV ANOVICH: I think we've done that through the reference to having this construction plan.
COMMISSIONER MURRAY: And you may very well be right All I'm just looking to do is be sure so that we don't
have a second guess later.
MR. WEEKS: David Weeks of the Comprehensive Planning Department
The specific objection from the Department of Community Affairs was indicating that there needed to be data and
analysis to demonstrate that the -- that with these amendments the adopted level of service standard for the transportation
concurrency management area that these projects were located within would be achieved and maintained. So their objection was
-- had to do with the data and analysis.
COMMISSIONER MURRAY: Okay, I was in error then. Okay, thank you.
CHAIRMAN STRAIN: Okay, so where we're at with the -- and by the way, Corby, are we -- when we're discussing this
language, we have it broken down to parcels one and two on the second page. The first page is general to both if it's looked at
jointly; is that correct?
MR. SCHMIDT: It is.
CHAIRMAN STRAIN: Okay. So under the joint page, the changes would be striking of that language as indicated on
the overhead right now. Is that in agreement with your department?
MR. SCHMIDT: It is. Where we leave off with development order approval and pick up again with construction per the
approved.
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September 18, 2008
CHAIRMAN STRAIN: Right. Then in conjunction with the general statement, is that last page now dropping -- that
Subsection B red area that we questioned earlier, is that now sufficient to be dropped? Is the language in the fIrst part sufficient to
cause the last part to be dropped?
MR. SCHMIDT: Fully removed, yes.
CHAIRMAN STRAIN: How are you protecting the full public vetting that Nick was so wanting to make sure the public
had that right in regards to these intersection and road improvements?
MR. SCHMIDT: That discussion took place with Mr. Y ovanovich --
MR. YOV ANOVICH: The way you would be protecting, Mr. Strain, is if the county builds the road. They obviously
have their requirements for going through the design and permitting process, which is a public process.
Ifwe build the road, we'll have to go through the development agreement process with the county where Nick will
require that we go through their -- basically their same process for the design and the construction. And you will fmd that in the
developer contribution agreement if we go forward to build the road.
But the public's protected because we can't go forward without the improvements being under construction.
CHAIRMAN STRAIN: Okay, but Nick, when he came up here, was very pointed stating that the public -- and he
repeated it many times, the public is protected through the public process afforded by what I thought was the DCA. But that
seems not to be the issue here. You're taking the DCA off the table. It can be done more administratively.
MR. YOV ANOVICH: No, it would be -- remember, a DCA always has to go to the Board of County Commissioners.
So it will either be done by the county through their normal public process of -- if they build it -- if they design and build it, there's
a public process the county follows, right"
CHAIRMAN STRAIN: It's not a voting process in front of a board, it's strictly the staff says here's what we're going to
do, do you like it or not. There's no way really to override it if the public doesn't dislike it.
Is there a voting process where the public has input? The outcome can be decided upon by a board other than
transportation administration. Because the DCA provides that process.
MR. YOV ANOVICH: Well, so does the -- the Board of County Commissioners has got to select a design professional
and then they got to approve the construction plans to bid it.
CHAIRMAN STRAIN: It's almost after the fact though.
Nick?
MR. CASALANGUIDA: It's a challenge. When yon go through a 30, 60, 90 process for a public roadway project, if,
you know, a person has a complaint, they vet it to their local commissioner. It goes up the food chain and we document it, there's
a process that goes through. But it's not a voting process where one side ofthe street says I want a turn lane, one side says I don't.
Concerns are brought up, they're documented and recorded. If it wants to go up the chain, it goes to the county manager,
it goes to the commissioners and it's brought back through us to say, why are you building this and what are you doing, and we
explain ourselves. And if they want, they can make it a public petition to the board.
But the idea is that you present the improvement plans to the community. They come out and say, what about this, we
think this is an issue. And our designers go, well let's look at that. We have to respond to them in writing. So it's not just the
private side doing a set of plans going out to build it without anybody having a chance to look at it. That's my only concern.
CHAIRMAN STRAIN: The process that you were espousing to us earlier about public vetting of it so the
neighborhoods could participate, is that process protected in the strikethroughs and language we're looking at here?
MR. CASALANGUIDA: If, if -- this is the one right here?
CHAIRMAN STRAIN: Yes.
You guys need to talk on the record. She's going to have to write down your --
MR. CASALANGUIDA: Commissioner, if they can't get a permit to submit this project, get a CO., my only concerns
is that -- there's nothing that clarifies who does the project on this.
['mjust saying, if there's no language that who'd do this project, then they would have to present something to the
county. So there would be some follow up at that point in time.
CHAIRMAN STRAIN: Nick, can you come up with some language that works for your department?
MR. CASALANGUIDA: What I suggested last time would be that this capital project, this intersection improvement
will be publicly vetted and publicly bid, period.
CHAIRMAN STRAIN: What do you mean publicly vetted and publicly bid?
Let's go -- what's publicly vetted in your mind?
MR. CASALANGUIDA: There'll be a public involvement plan that goes with this. We'd have a public meeting that's
advertised, a publicly advertised meeting for the intersection improvement.
CHAIRMAN STRAIN: And that needs to be added to here then?
MR. CASALANGUIDA: I think it should be added to there.
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September 18, 2008
CHAIRMAN STRAIN: Okay. That's where I'm trying to go, is to get to a point where we can fmd out what needs to be
added to get to the conclusion you --
MR. CASALANGUIDA: There will be a publicly advertised meeting prior to the commencement of the -- prior to the
approval ofthe design plans.
COMMISSIONER MURRAY: Public comment as well? That's the--
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: -- 30, 60, 90--
MR. CASALANGUIDA: Well, you wouldn't 30, 60, 90 --
CHAIRMAN STRAIN: You need the microphone.
COMMISSIONER MURRAY: Yeah, sorry.
That's the 30, 60 -- whatever the number is, the percentage is, that's the design phase.
MR. CASALANGUIDA: For an intersection plan you typically wouldn't do a 30, 60, 90. You'd have one public
meeting for an intersection --
COMMISSIONER MURRAY: Only one. Okay, I didn't realize that.
But you still accomplish essentially the same thing.
MR. CASALANGUIDA: Same thing. Because it's a smaller project, you wouldn't go through that many machinations.
CHAIRMAN STRAIN: Okay. So there would be a publicly advertised meeting prior to design stage. And that gets your
deparbnent the input you need through the public process.
MR. CASALANGUIDA: That's correct.
CHAIRMAN STRAIN: Okay. So that would be added to that paragraph.
MR. CASALANGUIDA: And the next sentence would be the project would be publicly bid.
CHAIRMAN STRAIN: Well, doesn't it have to be?
MR. CASALANGUIDA: Well, if they do it, if they decide to take on the project, I want to make sure it goes through
the public bidding process.
MR. YOV ANOVICH: In the compo plan?
MR. CASALANGUIDA: If you don't want it there, that's--
MR. YOV ANOVICH: I mean, that's the kind of minutia that, you know, who knows what can be in the future as far as
the bidding laws that mayor may not require public bidding if the private sector builds it. I'd hate to hamstring the private sector.
MR. CASALANGUIDA: He's got a good point.
CHAIRMAN STRAIN: Okay. So you're backing off then?
MR. CASALANGUIDA: Yeah, that's fine. As long as it's a public involvement process.
CHAIRMAN STRAIN: Okay, Corby are you clear now on the language that needs to be changed in that paragraph?
MR. SCHMIDT: We believe so. And if you'd like us to go over them individually through the five pages, or four.
CHAIRMAN STRAIN: Well, I can do it. Let me just run through it then.
On B, we're going to accept the strikethrough and add the publicly advertised meeting prior to design stage, a sentence
in there indicating that.
On parcel one, you're going to change the word may to shall in the red in the middle of the page and take with absolute
certainty out.
MR. SCHMIDT: Yes.
CHAIRMAN STRAIN: The rest of the strikethroughs would be assumably accepted. The last page would be dropped,
which is all the red addition to Subsection B above.
MR. SCHMIDT: That's how I have it.
CHAIRMAN STRAIN: Okay. Now, with those changes in mind, we have two applications. We're being asked to
combine those into one for adoption. Would that mean we vote on them together with our recommendations to corrections for
both as were presented here, or we vote on them separately? Is there a preference by the legal department?
MR. KLA TZKOW: If they want to combine them, combine them. If they want them separate, then vote separate.
CHAIRMAN STRAIN: Okay.
MR. YOV ANOVICH: I think what we discussed is you would vote separately, and ifboth passed, the combined
language would be adopted. Otherwise, we would have to deal with them separately -- the revisions would then be applied to the
separate language.
CHAIRMAN STRAIN: Okay, because they're two distinctly different processes here. So let's go with the first one.
After this discussion and with the changes recommended to this document pertaining to 2006-7, is there a motion from
this board, or discussion?
Ms. Caron?
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COMMISSIONER CARON: Wait. You have public speakers.
CHAIRMAN STRAIN: Oh, good point. Do we have --
MR WEEKS: Mr. Chainnan, we have three registered speakers.
CHAIRMAN STRAIN: Good, maybe they can help us resolve this.
MR. WEEKS: First is John Caffery, followed by John Garbo.
CHAIRMAN STRAIN: I apologize for forgetting about you.
MR. WEEKS: And your third speaker and last would be Tyler Day.
MR. CAFFERY: Good morning, Commissioners. My name is John Caffery.
And I want to thank Commissioner Strain for stressing the need for public participation.
I'm a resident of Kay Lagoon Condominium, which is located on Orange Blossom Road, and president of the
Condominium Association.
With this proposed development, I'd like to recommend a right twn only exit on Orange Blossom Road.
Across from the proposed, as far as I understand, exit/entrance is for this exit/entrance -- for this development is the
Collier County exit/entrance, which is both right and left turns.
Right now cars are nudging out into the road just to get out of the library. So to have two left/right exit/entrances
opposite each other or in the similar area at this section of Orange Blossom Road I think will create a major traffic bottleneck.
And it will pose, therefore, a serious traffic safety and congestion problem.
And that's my comment, and thank you.
CHAIRMAN STRAIN: Thank you. And let's follow up with that with Nick.
Nick, the concern is about the right -- having a right turn only at Orange Blossom that's preferred. Is that an issue that--
at what stage would you be addressing that"
MR. CASALANGUIDA: That would be at the design and public comment stage. Because a concern, when you start
closing access points, that vehicle that makes a right who wants to go west has to go to the intersection and make a U-turn.
So if it's not a four or six-lane facility. That's the kind of stuff that they provide a comment and then we go back and we
do the research and we say if you do this, this is what happens, this is our recommendation.
And that's why one comment shouldn't decide what intersection or access points should be like, it should go through the
whole public process and design stage.
CHAIRMAN STRAIN: Okay, hut the weight of this gentleman's concern, would it -- I mean, you would be able -- he
would be able to provide his concerns at a public meeting and you all would take that into consideration and weigh it accordingly
and then provide a response.
MR. CASALANGUIDA: Absolutely. And we'd provide a response and we'd document why that was either meant to
stay or why it should go away and we agree with him.
CHAIRMAN STRAIN: Okay. And his reaction to that, ifit was negative, he then -- his next process would be to take it
to his local commissioner?
MR. CASALANGUIDA: And say I've, you know, got comments from transportation, I disagree with them, I'd like to
get this thing looked at further. And then we'd further look at it, if that was the desire.
CHAIRMAN STRAIN: Okay, thank you.
MR. CASALANGUIDA: You're welcome.
CHAIRMAN STRAIN: Yes, sir.
MR. GARBO: Good morning. John Garbo. I'm the president of the Orange Blossom Pine Ridge Community Alliance.
Really speaking on the same issue.
First, I'd like to say that our organization has no objections with both of the parcels being proposed. You know, growth
is going to continue to happen and there's no issues there.
The same issue that the previous speaker brought up is, is that right turn in and out. And understanding, having listened
to this last time and this morning, maybe we're in afternoon now, that it will be a separate meeting, but I at least want to be on the
record at this point saying that it is a real safety hazard there.
And when we look at the most recent one that I've seen is the intersection of 41 and Vanderbilt, where they just closed
off a very similar situation where you used to be able to come out of the fmancial institutions that are just south of Vanderbilt on
the east side of the road, cross over, go north on 41, however you want to do it.
Well now they've closed that off I'm sure because transportation assumed that it was a safety hazard. Because you had
cars in the middle of the intersection, myself included. And many times, you know, with the drivers we have from different states,
they don't always understand the best way to make those twns.
I think here my biggest concern is, we have the public library. And who uses the public library? Lots of school children,
moms in their vans with young children, our senior citizens. And then 1 look at the proposed usage for these two parcels. We
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could be having medical. Again, we'll probably have our senior citizens in there and again maybe, you know, moms with
childrens (sic). And all of a sudden you have those two cars in that intersection with cars going east and west I think we have a
real safety hazard.
And I understand, even talking to the folks from the Italian-American Club, and fully agree that we're going to have to
go up maybe to Airport and Orange Blossom and make a V-turn. Because that's what we have to do at all these intersections now.
I don't necessarily agree with those either, but that's probably the easiest way, because at least we're doing it at a light
when people are a little more cautious about wbo's making tbe turn left or rigbt versus being in that intersection, if left turns are
allowed to go out of this parcel.
So I appreciate everybody's diligence and hard work on all of tbese projects. Thank you.
CHAIRMAN STRAIN: Thank you, sir.
Next speaker, please.
MR. WEEKS: Final speaker is Tyler Day.
Mr. Chairman, I also want to bring to your attention that I distributed prior to the discussion commencing on these
petitions an e-mail that staff received from Mr. Ed Kant He did speak at your August 29th hearing.
He's a resident down to the west of this project. He's also a professional engineer. And his one-page e-mail is dated
September the 15th of this year. It was sent to Corby Schmidt in our office. And copied on that were a few people, including Nick
Casalanguida at the county and Bob Duane, who's the agent for the petition. I just wanted to put that on the record.
CHAIRMAN STRAIN: Thank you, sir.
Okay, sir, go ahead.
MR. DAY: Thank you. My name is Tyler Day. I'm the former president of the master association at the Villages of
Monterrey. I'm also a vice-president of the Orange Blossom Pine Ridge Community Alliance.
And again, I'm reflecting the same concerns with regards to what John Garbo has said and the other gentleman, and also
in the letter on Ed Kant.
A right-in/right-out fonn of exit and entrance on the exit behind the Italian-American Club is greatly recommended. Not
only would we have a major hazard trying to cross and go west meeting traffic that's coming out of the library, but as John said,
you have elderly people coming out there, perhaps not the best drivers, the mothers with children, a number of people coming out
in there.
And if you look to Page 3 on the Exhibit A that you have here, the section that says -- it's Roman Nwneral II. It says,
vehicle interconnection with parcel one is required, particularly to provide eastbound traffic direct egress onto Orange Blossom
Drive.
I'm not telling you what the language to put in there or the place where to make a comment, but that could be easily
adjusted to particularly provide eastbound traffic a direct egress right in and right out only onto Orange Blossom Drive.
Now, that's one way that this copy can be adjusted to address that And I agree with Mr. Strain, you're trying to get
through this whole thing with the proper amount of copy and the proper corrections, but as those of us who have been here a
second time to express our concerns regarding this, we are the public and we are the ones who are expressing a very deep
concern.
Part of the mission statement of the Orange Blossom Community Alliance is with the safety of Orange Blossom for not
only our residents but anyone who travels east and west on that drive.
So we would strongly urge you to find a way to include that in the language to help prevent major accidents at this
intersection.
Thank you for your time.
CHAIRMAN STRAIN: Thank you, sir.
Nick, I have a --I'm sorry to bother you again, but I've got another question.
MR. CASALANGUIDA: Commissioner, it's never a bother.
CHAIRMAN STRAIN: I hope your mother hears that She's always watching these shows. He tells me she's picking on
me because I pick on him. But I don't think I am.
MR. CASALANGUIDA: She'll pull you by your beard.
CHAIRMAN STRAIN: That paragraph this gentleman just commented about, would it be inappropriate or difficult at
this time to suggest the following: Vehicular interconnection on parcel one is required, particularly to only provide eastbound
traffic direct egress onto Orange Blossom Drive.
Now, what that does is in essence limits it to right out
MR. CASALANGUIDA: I wouldn't want to limit anything until we have a public meeting.
And one of the comments they mentioned was through traffic. I can put a directional pork chop in there so that no
through traffic or left turns can come out, only left turns in can happen over there. So there's a bunch of different things you can
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do.
So that until you have a public meeting, because there's going to be concerns from the library, concerns from the other
neighbors. I guarantee you we will look at that. And if it's a safety concern, docwnented accidents or if a directional is required,
we will do that.
CHAIRMAN STRAIN: I just wanted to ask -- I want to understand, but I also have another question. But thank you for
that.
David, I guess, or Mr. Schmitt. This goes into a compo plan process. Asswning it's successful, that means the property
then has the opportunity to be rezoned for the elements that are approved in the compo plan process.
The rezoning process is another public process, most likely, because it would have to be a PUD. Straight zoning on
these properties is probably impossible.
If they go into a rezone process of any type, that's multiple public hearings. Then after that they have to go through SDP
review, in which time the traffic issues kick in and there's multiple times there to review this. Is that a fair statement?
MR. SCHMITT: All correct.
MR. WEEKS: All correct.
CHAIRMAN STRAIN: Okay. And in the past, the comprehensive stage has really been conceptuaL And we've
basically looked at parcels of property for conceptual zoning ability, but then minutia, the detail, the nuts and bolts that are most
important and that the people are concerned about, usually we see in the subsequent public hearings where those detailed plans
are provided with the traffic counts and the actual uses on the property. Is that the process that we're looking at?
MR. WEEKS: Also correct.
CHAIRMAN STRAIN: Okay. And the reason I wanted to clear that for the record is this is a conceptual hearing on a
zoning, and I've heard you all say that generally the zoning isn't what you're objecting to, you're objecting to the road issue.
The road issue is appropriate. But the timing of that may be when they come in with more defmitive plans and what
they're going to do with these parcels, how they're going to lay them out, and how those intersections intersect with the roadways
coming into them.
So while your complaints are noted and are good to have on the record, may not be appropriate to be able to put the
language as distinctly as you want in here. It's more of a nuts and bolts language.
And that's the only reason I'm pointing all this out is to get that discussion out so you know why -- how we proceed.
Okay, are there any -- now that's all the public speakers?
MR. WEEKS: Yes, sir.
CHAIRMAN STRAIN: Anybody else would like to speak?
(No response.)
CHAIRMAN STRAIN: Are there any comments from the planning admission?
(No response.)
CHAIRMAN STRAIN: If not, we will-- let's take these separately, and we'll entertain a motion. Let's start with the first
one, CP-2006-7. And if you make a motion, please make it pursuant to whatever changes you believe are appropriate.
Anybody have a motion?
Mr. Vigliotti?
MR. VIGLIOTTI: I'll make a motion to approve, but I don't have all the details as --
CHAIRMAN STRAIN: Okay. Well, let's start with parcel one, which is 2006-7. There were two changes, a series of
changes submitted by staff in a handout titled Exhibit A.
Under B there were some strikeouts and red indications of additions.
And then there was a large strike through that was just discussed.
And then finally there was a sentence suggested be added that publicly advertised meeting prior to design stage of the
road work would be implemented as added to that sentence.
Then also part of parcel one, the clubhouse language in red where the may would be changed to shall and the words
with absolute certainty in the second line would be dropped.
Those I believe, plus the red strike through up above and the blue changes that were more or less clean-up. That gets us
through parcel onc.
Mr. Vigliotti, would your motion include those changes as provided and as described?
MR. VIGLIOTTI: Yes, it would.
CHAIRMAN STRAIN: Is there a second?
COMMISSIONER MURRAY: I'll second that.
CHAIRMAN STRAIN: Mr. Murray seconded.
Is there discussion?
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September 18, 20<18
Ms. Caron?
COMMISSIONER CARON: Yeah, I was in the minority at transmittal and I'm sure that I will be in the minority here in
adoption as welL But I will not be voting for this. 1 don't think that it's appropriate to use the GMP as a funding mechanism for
development
I don't -- I think we are relying too heavily on market analyses that have been bought and paid for by invested parties in
order to make changes to our GMP.
I think that these projects all lay within a traffic congestion area, and we are significantly increasing the traffic through
this intersection by allowing this GMP amendment to go through.
The intersection improvements that have been talked about provide only a Band Aid, not a solution to the eventual
failure of Orange Blossom.
And for those reasons, I will be voting against it
CHAIRMAN STRAIN: Okay, are there any other comments on the motion?
(No response.)
CHAIRMAN STRAIN: Okay, we'll call for the vote. All those in favor of the motion as stipulated to recommend
approval, signifY by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER WOLFLEY: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER KOLFLAT: Aye.
CHAIRMAN STRAIN: Aye.
Anybody opposed"
COMMISSIONER CARON: Aye.
CHAIRMAN STRAIN: Motion carries 7-1.
Now, let's go on to parcel two. On parcel two we have the -- some red strike-throughs on the -- on that page and some
blue additions. But not as extensive as the last one. Although the general categories from the last one involving the intersection,
the restrictions on the improvements to the intersection, the timing and the publicly advertised meeting for design I believe would
all be applicable to parcel two on a standalone basis as welL
And Corby is nodding his head affirmatively; is that right?
MR. SCHMIDT: That is right
CHAIRMAN STRAIN: Okay. Discussion on this one? Does anybody have any comments"
(No response.)
CHAIRMAN STRAIN: I have one comment, and that is this thing has seen three changes. The last change was 12,000
square feet plus an ACLF. The first one I believe was 50,000 square feet And now this one is 40,000 square feet plus an ACLF.
I don't believe that both items are warranted. If they want an ACLF with 12,000 square feet, that worked the first time.
As far as I'm concerned, it wouldn't work this time.
If they want to drop this ACLF and stick to 40,000 square feet, in my opinion, that works.
But without those changes, I would certainly not support this particular petition. I don't know what the rest of you think,
but I thought I'd throw that out for discussion.
Ms. Caron?
COMMISSIONER CARON: Well, I did vote for this the last time around, but the only reason that I voted for it the last
time around was because it was a vet)' small amount of commercial space and the focus was on ALF.
I will not support it this time around because ofthat and because of reasons that I stated in the prior one. I question our
use of these market analyses, I have problems with the traffic and the intersection improvements that are --
CHAIRMAN STRAIN: Is there a motion for CP-2006-8, or is there further discussion?
(No response.)
MR. VIGLIOTTI: I will make a motion to approve.
CHAIRMAN STRAIN: Mr. Vigliotti made a motion to approve. Subject to the corrections made on the sheet that's
attached by staff?
COMMISSIONER VIGLIOTTI: Yes.
CHAIRMAN STRAIN: Okay, is there a second to the motion"
COMMISSIONER MURRAY: Second.
CHAIRMAN STRAIN: Seconded by Mr. Murray.
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SeptemberlJ18, 2~
Further discussion?
(No response.)
CHAIRMAN STRAIN: All those in favor ofthe motion, signifY by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: All those opposed to the motion, same sign.
Opposed.
COMMISSIONER CARON: Aye.
COMMISSIONER WOLFLEY: Aye.
COMMISSIONER KOLFLA T: Aye.
CHAIRMAN STRAIN: One, two three. Who's opposed? Mr. Wolfley's opposed, Mr. Strain's opposed, Ms. Caron's
opposed, and Mr. Kolflat's opposed. So the motion is tied 44.
Mr. Klatzkow, is that a --
MR. KLA TZKOW: That's what you have.
CHAIRMAN STRAIN: That's what we have.
MR. KLA TZKOW: Four of you are in favor, four of you are against. Staff report to the board will signifY that
CHAIRMAN STRAIN: And we will not be saving the BCC any time on this one.
Okay. With that, we will take a one-hour lunch and come back here and resume on the GMP's--
MR. WEEKS: Mr. Chairman?
CHAIRMAN STRAIN: Yes, sir.
MR. WEEKS: Before you break.
CHAIRMAN STRAIN: Before we break?
MR. WEEKS: One question, and that's for these two petitions. Do you want these coming back under consent agenda?
CHAIRMAN STRAIN: Yes, sir.
MR. WEEKS: And -- you do?
CHAIRMAN STRAIN: Everything comes back under consent The rare occasion we have to accommodate a tight
schedule, and we've done that when asked in advance. But there's no reason these can't come back.
MR. WEEKS: I was going to ask, would you allow staff to bring these back to you this afternoon?
CHAIRMAN STRAIN : Yeah, I think that's fine. They're minor changes.
Does anybody have any objection to that?
COMMISSIONER MURRAY: No.
COMMISSIONER WOLFLEY: No.
COMMISSIONER VIGLIOTTI: I think it's a good idea.
CHAIRMAN STRAIN: We'll do that this afternoon. And we'll break until 12:45. We'll come back and resume on
2006- 13 at that time.
(Lunch break.)
CHAIRMAN STRAIN: Okay, everyone. Welcome back from lunch. It's 12:45.
And before we left, we had mentioned we were going to resume with 2006-13, the CPSP adoption item.
Before we go into that, the record needs to be made clear in regards to the last item we voted on. There were members
that voted in denial of number 2006-8, and not all of us necessarily made our reasons for denial clear on the record.
Ms. Caron did, I know. Mr. Kolflat was another member, as well as myself, and Mr. Wolfley.
And by the way, for the record, Mr. Wolfley was not feeling well, so he's left for the day. But at least we'll get the
benefit of Mr. Kolflat and myself
Mr. Kolflat, could you state your reasons for not recommending?
COMMISSIONER KOLFLA T: I question the validity of that Fishkind report and the data that was used and the basis
on which it was had.
CHAIRMAN STRAIN: Okay. And my reasons were exactly the same. I don't believe there was sufficient data provided
that showed that both the 40,000 square feet and the ACLF were justified. So that's why I voted no on that recommendation.
Item #9D
CPSP-2006-13, GOLDEN GATE ESTATES
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September 18, '200g-r
CHAIRMAN STRAIN: And with that we'll go to CPSP-2006-I3. This was a multifaceted adoption amendment. A lot
of different issues, clean-up issues on a lot of it.
But there was one issue there had a question from our prior meeting. That was concerning the model homes in Golden
Gate Estates.
And David, I'll let you take it from there.
MR WEEKS: David Weeks, at the Comprehensive Planning Department.
And Mr. Chamnan, as you noted, the only issue that I'm aware of from your August 29th hearing was the issue that you
raised, and it was a good one. Certainly staff appreciates you catching that, the fact that the language being removed as the board
had transmitted results in a hole in the regulations, if you will, in that the Golden Gate master plan would then be silent to how
model homes are treated beyond the three years for a temporary use permit.
Staff had incorrectly advised the board back at transmittal that by simply deferring to the LDC that these model homes
in Golden Gate Estates, which are zoned E, Estates, would be subject to the model home provisions and the Land Development
Code and would be then subject to a conditional use after the three years of a temporary use.
That is not true, based on the plain reading of the model home provision in the LDC.
So staff has proposed language which was sent to you in your supplemental staff report for today's hearing that
addresses that hole, if you wilL
I will go on and say that we believe this adequately addresses the situation. I'll go on to say though, that an LDC
amendment needs to occur subsequent to this plan amendment. And once that occurs, we could come back and modify, if not
completely remove this language that we're adding today.
CHAIRMAN STRAIN: Okay, I've sure looked it over and it does work.
Does anybody else have any concerns?
(No response.)
CHAIRMAN STRAIN: This may be the shortest issue we have today.
COMMISSIONER MURRAY: Move to approve.
CHAIRMAN STRAIN: Are there any public speakers, before I forget? Hopefully not.
MR. WEEKS: No speakers.
CHAIRMAN STRAIN: Okay, Mr. Murray, did you make a motion to approve"
COMMISSIONER MURRAY: I did.
COMMISSIONER CARON: Second.
CHAIRMAN STRAIN: Is there a -- seconded by Ms. Caron.
Discussion?
(No response.)
CHAIRMAN STRAIN: All in favor, signify by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER KOLFLAT: Aye.
CHAIRMAN STRAIN: Aye.
Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries 7-0.
And that wraps up the adoption hearing issues, with the exception of the consent language coming back for items seven
and eight, which we will do after we review the consent items for the church we started with this morning. So that will still happen
yet today.
Go ahead, David.
MR. WEEKS: Just quickly, as always, we'd appreciate if, for those of you that do not wish to keep your binders, if
you'll leave them there where you're sitting, staff will collect those at the end of the hearing. Thank you.
CHAIRMAN STRAIN: Thank you.
Now, it's near I :00 and we haven't even gotthrough half our agenda. We have one, two, three, four, five -- five items to
go, plus three consent items to go.
And I thought rather than have people have to sit here all day, including staff, waiting for the possibility of us discussing
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an LDC amendment, since we would have to cut off at 4:30 anyway, I'd certainly like to suggest to this board that we're not going
to do the LDC today. We'll simply open and close the meeting and defer all the LDC to the 26th. Is that okay with everyone here?
COMMISSIONER MURRAY: It's logicaL
COMMISSIONER VIGLIOTTI: That's fine.
CHAIRMAN STRAIN: Okay. Well, then Mr. Schmitt?
MR SCHMITT: Yeah, since you're talking about LDC, we handed out revisions from our last meeting. You have a
packet Page numbers correspond to your page numbers in your existing book. Those are changes and revisions.
Just -- if you would, just simply substitute those pages for what's in your book. And eventually we'll get to those at some
date, time in the future.
CHAIRMAN STRAIN: Right now it's the 26th. So we'll still try. But we'll open the meeting for the LDC when we
fmish this afternoon, quickly open it, continue it and then we'll reswne on the 26th.
MR SCHMITT: Now, on the 26th, being that we have the whole day, do you want to start right from where we left off?
CHAIRMAN STRAIN: Yes.
MR SCHMITT: And I can't even remember, we'll have to look at --
CHAIRMAN STRAIN: We left off on preserves and then stonnwater management and then into the rest of the issues.
And then the ones that we've sent back for re'mite, we'll just continue on down the list until we get them all done. We've got the
whole day to do it
MR. SCHMITT: There were those four that you had never heard yet Were those the ones that we start with or--
CHAIRMAN STRAIN: No, we start where we left off, the preserves. I'll give you the section nwnber and everything.
It's exactly the list that you all gave us last time.
MR. SCHMITT: Yes.
CHAIRMAN STRAIN: And we'll continue in that order. It would be 3.05.07(H)(I )(h)(i), starting on Page 197. Then
we go to 20 I, Page 201, which is stonnwater. And then groundwater. Then SRA. Then EAC powers and duties and so forth until
we work through the rest of the agenda.
MR SCHMITT: Great
COMMISSIONER MURRAY: Mark, why don't we just make that motion now to continue the--
CHAIRMAN STRAIN: Well, we have to close this hearing I believe and open another one.
COMMISSIONER MURRAY: All right
MR. SCHMITT: And then we would essentially start over with those new -- the four ones you haven't heard yet, and
then eventually we'll get to all the environmental ones.
CHAIRMAN STRAIN: The list that--
MR SCHMITT: Yes.
CHAIRMAN STRAIN: -- was passed out, that's just what we're going to follow, Joe.
Item #9F (Continued discussed to later in the meeting)
PETITION: CU-2007-AR-12419, ABC LlOUORS INC.
CHAIRMAN STRAIN: Okay, with that, we will now go into our next regular hearing item, Petition
CU-2007-AR-12419, ABC Liquors, Inc. It says to increase the maximwn allowable square footage of personal services, video
rental or retail uses. However, this is another hearing on the same one we had previously discussed. It never made it to our
consent agenda and we did not get any new paperwork on this, although I was told staff would have a new staff report of at least a
short nature --
MR. SCHMITT: We do, but I don't even see my staff here yet John-David had a supplemental staff report that we were
to hand out And you did announce it, 12:45.
CHAIRMAN STRAIN: Yep.
Well, without that report we can still move forward, can't we?
MR. SCHMITT: Yes.
CHAIRMAN STRAIN: We know what it's all about
COMMISSIONER MURRAY: Yeah.
CHAIRMAN STRAIN: Okay. All those wishing to testify on behalf of this petition, please rise to be sworn in by the
court reporter.
Richard, are you going to testilY on this one"
(Speakers were duly sworn.)
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September 18, 2008
CHAIRMAN STRAIN: Okay. Well, before we go too far, we may have to -- we might want to continue this to later in
the day --
MR. KLA TZKOW: I'd prefer if staff was here, just so the issue couldn't be raised.
CHAIRMAN STRAIN: Okay, we wouldn't continue it until very long. We'd probably go into the next one, then after
then next one.
Joe, is there's some way if you can find out if John David's even in today?
MR. SCHMITT: He's in. I will fmd out where they're at I don't even see Ray back here yet Ray was sitting in the back.
CHAIRMAN STRAIN: They don't have cell phones?
MR. SCHMITT: I will call back there, yes.
CHAIRMAN STRAIN: You want us to hold up or you want to go into the next one? What's your --
MR. SCHMITT: Next one would be Moraya Bay, if you want to--
CHAIRMAN STRAIN: Let's just go into the Moraya Bay trellis then.
Heidi, sorry. We'll just have to come back. We'll end up deferring this one until after. We'll just rearrange the schedule
by one item.
Item #9G
PETITION: V A-2006-AR-I 1064, VI PARTNERS, L TD AND COLLIER COUNTY PARKS AND RECREATION
CHAIRMAN STRAIN: We'll go into Petition No. G, Petition V A-2006-AR- 11064, VI Partners, Limited, Collier
County Parks and Recreation. It's for the Vanderbilt Beach Residential Tourist Overlay District, and it's for a trellis adjacent to
the building and the public restroom.
All those wishing to testifY on behalf of this, please rise to be sworn in by the court reporter.
(Speakers were duly sworn.)
MR. YOV ANOVICH: But I'm assuming since my staff reviewer is not here for this one either -- I mean, I'd be happy to
present.
CHAIRMAN STRAIN: Well, no. Joe, we don't have the staff person here for this one either. Or for that one, the next
one. Or for that one the one after that. Or for that one the one after that. So we've got six cases we don't have any staff here for. Is
there a reason why we -- are they still working for the county?
MR. SCHMITT: Yes. AlII can say is that they lost track of the agenda because we were doing compo plan amendments.
But they should be here and they should have been ready.
CHAIRMAN STRAIN: The agenda was puhlished a week ago, it hasn't changed.
MR. SCHMITT: I got John Kelly calling back there.
CHAIRMAN STRAIN: Let's take a I O-minute break. At five after] :00 we'll reassess, and we'll keep taking breaks till
someone gets here. And if we can't finish, we'll have to deal with that when it happens. Nothing much I can do with it now. So
five after I :00 we'll resume.
(Short recess.)
CHAIRMAN STRAIN: Okay, thank YOU.
Mr. Schmitt, is John-David going to bother to attend this meeting today?
MR. SCHMITT: He is en route, the best that I could tell. AlII get is his voice mail back there. His voice maiL So--
CHAIRMAN STRAIN: Okay. And Nancy--
MR. SCHMITT: -- we will proceed with the next item.
CHAIRMAN STRAIN: -- you need to watch these meetings a little more closely. The GMP amendment that was
remaining only was a five-minute clean-up of a model site in Golden Gate Estates. You had 22 people waiting for your return. So
I know none of us appreciate that.
All those wishing to testifY on behalf of this petition, and the one we're going to go into because Mr. Moss is not here,
we'll go into Petition 9(G), V A-2006-AR-l! 064, VI Partners, Limited. And it's for the trellis at the Vanderbilt Beach Residential
Tourist Overlay District by the Moraya Bay Club.
All those wishing to testifY on behalf of this, please rise to be sworn in again by the court reporter.
Richard's going to be doubly truthful today.
(Speakers were duly sworn.)
CHAIRMAN STRAIN: Disclosures on the part of the planning commission.
Mr. Vigliotti?
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September 18, 2008
COMMISSIONER VIGLIOTTI: I spoke to Mr. Yovanovich about this situation.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: Sorry, I belive I did, too. I think so.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: I did also.
CHAIRMAN STRAIN: Mr. Schiffer"
COMMISSIONER SCHIFFER: Walking in this morning Rich and I discussed this slightly about the fact -- the need for
a variance for a trellis.
CHAIRMAN STRAIN: And I would bet he brought it up to me at the meeting we had, but I honestly don't remember.
MR. YOV ANOVICH: Pretty much an unremarkable meeting, huh?
CHAIRMAN STRAIN: You know, Richard, you have so much coming in front of us all the time, I can't remember
them aIL
So with that we'll go into your presentation. Go ahead.
Oh, one thing I would like to clarifY for the record. Collier County Parks and Recreation Department has nothing to do
with this; is that correct?
MR YOV ANOVICH: Only to the extent that they're our inunediate neighbor and some of the land actually at some
point will be theirs because of the sliver. But other than that, no.
CHAIRMAN STRAIN: Okay. I would like certainly to understand what that means. But go ahead --
MR. YOV ANOVICH: Well, you know, other than as you can see on the visualizer is a swnmary of what we're
requesting. The shaded building is the public restrooms that we discussed earlier in the hearing.
So we are requesting three variances. And it's because the trellis is considered a structure more than I guess a decorative
feature, for which it really is. So we have to have a setback from the trellis and the residential tower equal to one-half the sum of
the heights of the residential tower and the trellis, which would have meant we needed I believe 50 feet, four inches between the
trellis and the tower.
We are asking for a variance of25 feet, four inches, because we only have 25 feet between the trellis and the tower.
We would also need a variance from the front yard setback. This is, as you know, a corner lot, based upon previous
discussions. So there's a required setback of30 feet from a ITont yard. We have 10 feet, so we're asking for a 20-foot setback for
the trellis -- I mean, a variance for 20 feet to allow a 10-foot setback for the trellis there.
And then again, the building separation issue applies for buildings one-halfthe swn of the building height, which will be
this building, and the trellis. The required distance would be required to be 12 and a half -- I don't know how you have 12 and a
half feet, four inches. I think it's probably 12 feet, probably 10 inches. But we want to reduce that down to a IO-foot separation
between those two structures.
It's basically a decorative trellis to cover a walkway ITom the public drop-off, if that ever gets built, as we discussed at
the last hearing, for people to walk who are coming to this property, to walk under that trellis ultimately to the swimming pooL
That's it. And that's the nuts and bolts ofthe request. If you have any questions, I'd be happy to answer them. And staffl
believe is recommending approval of the requested variance.
CHAIRMAN STRAIN: You had -- in response to my question, you said that the County Parks and Recreation
Department was part of this because the building was going to be on their property. Are you giving that property to the county?
MR. YOV ANOVICH: The only -- the only -- well, yes. The plan is, remember we had this discussion on the public
restrooms.
CHAIRMAN STRAIN: You didn't tell us the process by which you're -- I didn't know if it was going to be an easement,
a dedica -- a deed.
MR. YOV ANOVICH: The agreement that I mentioned earlier on in the meeting provides for a fee simple conveyance
ultimately to the county of a sliver of land.
That would -- I guess at this point they don't technically need to be on the application because they don't own that land
yet. But as you know, there were three petitions winding their way through at the same time. And whether you want them to list it
as an applicant, I don't know that they need to be. I'm just -- they are related, I guess, versus necessarily being an applicant
CHAIRMAN STRAIN: Yeah, but see, if you change the property line to go around that building, you've done no more
than the property line that currently exists up against where the building is. So to say that you have to have an adjoining neighbor
on your report -- I mean, in your application, I can't see the sense of that
MR. YOV ANOVICH: I'm not saying that they need to be an applicant, Mr. Strain, I just want to say there was a
relationship there because of the building and ultimate conveyance of some land.
CHAIRMAN STRAIN: There's a relationship then between any variance and any neighbor. And I would suggest that
we strike --
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September 18, 2008
MR YOV ANOVICH: That's fine --
CHAIRMAN STRAIN: -- the reference to Collier County Parks and Recreation Department
MR. SCHMITT: I was going to say, Mr. Chainnan, based on the way these applications first came in, andjustto
reiterate the history of this for the record, the private beach club and the restroom facility at one time was going to be a separate
building and a shared building.
So all three: The variance, the conditional use for the private beach club and the conditional use for the restroom where
the two applicants, Mr. Y ovanovich's clients and the Parks and Rec, we've already removed Parks and Rec from the private beach
club conditional use that will be corning back. Parks and Rec has no need to be part of this.
And then for the record, as I made clear when we talked about the public restroom facilities, in order to issue a building
pennit, it would have to be a building on a single piece of property. I cannot by state statute have a building cross over a property
line.
So regardless, there has to be an instrument that passes this property from Rich's client to the county, if the county is
going to build this restroom.
So that will be done, regardless of what -- the mechanism to do it, I leave that up to the attorneys. But as far as a site
plan and a building penn it, it has to be one piece of property. It cannot cross over a property line.
CHAIRMAN STRAIN: Any questions--
MR. SCHMITT: Or I guess -- again, for clarification, for the record, we are removing Parks and Rec from this
application.
CHAIRMAN STRAIN: Thank you.
Okay, Mr. Schiffer, then Mr. Koltlat
COMMISSIONER SCHIFFER: Rich, nwnber three, which is a variance to a building on an adjoining property, is that
necessary?
Because normally setbacks control buildings. ['ve never seen a requirement to go across the property line.
MR. YOV ANOVICH: We've been told we needed that variance as well, so we applied for that I don't want there to be
any question about that, so --
COMMISSIONER SCHIFFER: What part of the code are you required to have a distance separation to a building on
another property?
I can wait for staff, if you want
MR. YOV ANOVICH: Thank you.
COMMISSIONER SCHIFFER: I'll do that
The other thing, Rich, because some of these things -- you know, a trellis, and I think they're right, I guess it's a
structure. Would you mind in the resolution actually put the word open trellis? I wouldn't want anybody in the future to interpret
this that you can enclose this trellis. Because we're essentially getting building setbacks allowed and --
MR. YOV ANOVICH: I don't think we'll have an issue with that
COMMISSIONER SCHIFFER: Okay. Because that's the intent, right?
MR. YOVANOVICH: Yes.
COMMISSIONER SCHIFFER: So in the resolution where it says trellis, add the word open in front of it to never
confuse the future that we're allowing a building enclosed.
All right, thanks.
CHAIRMAN STRAIN: Thank you.
Mr. Kolflat?
COMMISSIONER KOLFLAT: Mr. Yovanovich?
MR. YOV ANOVICH: Sir.
COMMISSIONER KOLFLA T: You agree that the trellis is classified as a structure in the LDC, do you not?
MR. YOV ANOVICH: I do.
COMMISSIONER KOLFLA T: Ray, would you mind putting on that overlay that I gave you this morning.
You might back it up a little so you get it all in. Thank you.
On this overlay I've tried to show the three variances that are in the petition. And if you look at the number one there,
that's the trellis to the principal residential structure. And the required setback is 50 feet, four inches. The requested setback is 25
feet. That means a difference of25 feet, four inches, or what we might call an encroachment in the case of setbacks.
That encroachment and difference there is almost twice one-half the amount that the required setback was.
Item two is a trellis to the north property line, and that required setback is 30 feet, according to the LDC. You're
requesting 10 feet, which means an encroachment or a difference of 20 feet between what is required and what is requested.
Under three, which is a trellis to public restrooms, you show required setbacks as 12.5; requested setbacks, 10 feet, or a
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difference of two and a half feet
Do you agree basically with these setbacks as being part of your petition?
MR YOV ANOVICH: I believe that's consistent with what our application said.
COMMISSIONER KOLFLAT: Well, seems like an awful lot of variance requests for something that's going to be
there. In fact, you look at this, you wonder why do we even have setbacks.
MR. YOV ANOVICH: Well, you wonder why a trellis would be considered a structure for purposes of needing to have
these separations.
This is really a decorative feature. I don't really think that the setbacks were really intended to talk about these type of
structures. I think they were talking about if you were to have some other building that was either a principal use on the property
or an accessory use on the property, a real building, not an open-aired trellis like this.
I mean, I just think, you know, this is one of those examples where the code's not perfect, so we're going through a
variance process for an opened air trellis. Because it does technically meet the definition of structure, but we don't think that that's
really what the setbacks were intended to protect against
COMMISSIONER KOLFLA T: But the code does say that it shall be considered a structure.
MR YOV ANOVICH: And I wouldn't be here if it wasn't considered a structure. I wouldn't be asking for the variance.
COMMISSIONER KOLFLA T: Thank you.
CHAIRMAN STRAIN: Okay. Any other questions of the applicant?
(No response.)
CHAIRMAN STRAIN: I have one, Richard. Nwnber two ofthe variance, which laid out in this page says 30 foot to the
north property line. And you're looking for 10 feet And the picture that you had up there previously of the trellis, could you show
that again?
I just want to make sure you're getting -- you're asking for everything you need.
See that little piece of trellis to the left up on the top?
MR. YOVANOVICH: Here?
CHAIRMAN STRAIN: Yes.
That trellis, that line that it sits on appears to be 10 feet from the north -- from that next double line. And the double line
is the edge of the easement, which is 20 feet from the north property line. So that trellis may be less than 30 feet as welL Has that
been looked at to see if there's a problem with it at all?
MR. YOV ANOVICH: I need to see where the road right-of-way ends, because that may n I don't know that the road--
CHAIRMAN STRAIN: I think it ends where the restroom is.
MR YOV ANOVICH: So I don't think ['m tech n I think that becomes a side yard instead of a front yard.
CHAIRMAN STRAIN: Okay, but what's the side yard to the north property line?
MR. YOV ANOVICH: Do you know, Kay?
I need to look at that nwnber.
CHAIRMAN STRAIN: That's all I want to n I want to make sure you're getting -- I mean, I don't think anybody's going
to have a lot ofhcartburn over this one, but I want to make sure that you're getting everything you're asking for so we don't have to
have another meeting.
MR. YOVANOVICH: Yeah, I didn't bring the RT zoning district with me. We need to look at it--
CHAIRMAN STRAIN: While Kay's doing her thing, maybe Ray can check on the side setback to the north property
line for an accessory structure.
If it's SPS, that could pose a little problem.
MR. SCHMITT: There's the property line shown.
CHAIRMAN STRAIN: Right The distance between the property line and that double line I believe is the easement
And the distance between the double line and the single line that the trellis sits on I believe is the landscape buffer.
And if that's the case, that totals about 30 feet, although it's out of scale. ['mjust checking to be sure, Joe.
MR. SCHMITT: I believe that double line is the wall, is it not?
CHAIRMAN STRAIN: Okay, well that would help then.
MR. SCHMITT: The double line is the wall, the decorative waiL
And in fact, it's unfortunate --
COMMISSIONER CARON: Yeah.
MR. SCHMITT: -- with this application we don't have the detailed drawings.
But Rich, is not that double line the wall?
MS. DESELEM: If I could for the record, Kay Deselem--
COMMISSIONER CARON: It's 29 point--
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MS. DESELEM: In working with the petitioner's agents, we did look at that We were measuring from the trellis to the
property line. And the property line is actually shown, and it meets setback for that line. Because we did look at that
Because when it originally was submitted, we had like five or six different variances. In trying to whittle it down, we
determined that that did meet the setbacks.
CHAIRMAN STRAIN: The 29 feet, two and a quarter inches meets the setback.
MS. DESELEM: Yes.
CHAIRMAN STRAIN: Okay, thank you.
Kay, you want to do your presentation?
MS. DESELEM: Sure, if you're ready.
CHAIRMAN STRAIN: I think we fmished with questions of Richard.
MS. DESELEM: For the record, Kay Deselem, Collier County Zoning, Principal Planner.
First, let me apologize for my tardiness. I am sorry. I did think that the compo pI arming things would go longer. And for
that, that was my fault and not watching closer, and I apologize.
As we've already discussed, part of what I was going to tell you was that we are removing the county as a co-applicant
We've already addressed that issue now.
And we do have the staff report on record. It's dated September 18th at the bottom. It is an eight-page document It
explains the purpose and description of the request And in light of the fact that you've seen the companion request to this, you're
probably fairly familiar with it
And it does show graphically in pictures where the trellis is and where the restroom facility is, trying to explain what the
relationship is.
Basically the trellis is being requested on this site to help soften the effects of the proposed restroom facility from those
persons living in the residential tower for Moraya Bay Beach.
That's why in the analysis that staff provided to you, beginning on Page 5 of the staff report, there are various references
to the restroom facility. Because that's an integral part of what this request is about Ifit weren't for the restroom facility, there
would be no need or probably any request for variances to provide a trellis.
But we have provided the recommendations and the analyses in support of our recommendation.
We do have one condition, and that one condition just identities the site plan so it's clear in the record what site plan is
being evaluated for this request
And we don't believe that it's addressed particularly as a variance in the Growth Management Plan, but we don't believe
there's any compatibility issues presented by the trellis or the variances proposed.
And we are recommending approval.
CHAIRMAN STRAIN: Thank you. Any questions of staft'?
Mr. Kolflat, then Mr. Schiffer.
COMMISSIONER KOLFLAT: Kay, could you point on this overhead where the pathway is going down to the beach.
MS. DESELEM: The pathway to the beach on this" I can probably show you on the settlement agreement easier than I
could show you here. If I may use the settlement agreement, this is --
COMMISSIONER KOLFLA T: I was looking physically where it is from this drawing, the access to the beach.
MS. DESELEM: It's truly not labeled on here as such. It's basically the part that's in -- let me show you. You're right, it's
easier to show you.
The portion that is the -- this appears to be what's going to function as the beach accessway.
COMMISSIONER CARON: No.
MR SCHMITT: Outside that waIL
COMMISSIONER SCHIFFER: Bad guess.
MS. DESELEM: Outside the -- oh, you're saying on this side?
MR. SCHMITT: Somewhere in here will be access.
COMMISSIONER KOLFLA T: So it's that portion up in the upper left-hand comer of the illustration?
MR. SCHMITT: That's correct
COMMISSIONER KOLFLA T: Thank you.
MS. DESELEM: Sorry for that
Yeah, we have it on a larger map, hut we don't have it on that smaller exhibit.
COMMISSIONER KOLFLA T: That shows up all right Thank you.
MR. SCHMITT: Mr. Kolllat, actually, you'll go around that restroom, but then there will be -- there will be brick
pavers, and it's outside of that drawing. But it will be behind the restroom, and then it will head directly in that westerly direction
towards the beach.
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September 18, 2008
COMMISSIONER KOLFLA T: But the people using this accessway will not go through the trellis; is that correct?
MR. SCHMITT: The trellis is just for the beach club members and the private residents of the hotel, as far as I
understand.
There's a better picture of the access. The beach access will be there. It will be pavers. It will be a paver walkway.
COMMISSIONER KOLFLA T: And where will the trellis show up on that?
MR. SCHMITT: It will not The trellis, Mr. Yovanovich, is only into the actual private beach club. Private property,
yeah. And then to the pooL That was -- it's nothing more than a decorative feature to somewhat separate the private entrance from
the public access.
COMMISSIONER KOLFLA T: So no one on the public access will traverse under the trellis.
MS. DESELEM: That's correct
COMMISSIONER KOLFLA T: Thank you.
CHAIRMAN STRAIN: Okay, Mr. Schiffer, then Ms. Caron.
COMMISSIONER SCHIFFER: Kay, is there a requirement for setback from buildings on other properties in the code?
MS. DESELEM: It's -- this is a little bit unusual, because we were going to be having the actual restroom facilities right
on the property line. So it's a matter of it's on the property line, but it is a building.
And normally you wouldn't have a building right on the property line. That's why we have the request for the variance
from the setback between the two buildings. Normally they would be separated by much more distance.
COMMISSIONER SCHIFFER: I mean, we have a lot of buildings in the world or property lines, party walls and stuff
like that So there really isn't any need, is there, because the building is on a separate site. So why are we determining the distance
between that?
MR. YOV ANOVICH: A sliver, don't forget
COMMISSIONER SCHIFFER: Well, isn't that gone? Didn't you--
MR. YOV ANOVICH: No, the sliver will actually appear in the comer.
COMMISSIONER MURRAY: I thought that was going to go away.
MR. YOV ANOVICH: We're going to convey a piece of it But right now a sliver of it is actually within our boundary
right here.
So technically I think that would create the need for the variance. It may go away in the future once the conveyance
happens.
But, you know, Mr. Schiffer, if we could just leave it in here to play safe. I don't want any problems in the future where
there could be a chance of people interpreting the code.
COMMISSIONER SCHIFFER: That sounds good.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: Yeah, I just wanted to correct something that Mr. Schmitt had said. And that is this trellis
has nothing to do with the beach club. It has to do with separating the tower residents from the restroom facilities, and that is all
this trellis --
MR. SCHMITT: Yeah, that's--
COMMISSIONER CARON: -- is there for.
MR. SCHMITT: -- what I thought I said. And I apologize if! didn't But it is not public access. The trellis was the
private access to somewhat create this separation between where the public goes and where the private entrance goes into the
private beach club.
CHAIRMAN STRAIN: Okay, are there any other questions of staff at this point?
(No response.)
CHAIRMAN STRAIN: Any other questions of the applicant?
Mr. Kolflat?
COMMISSIONER KOLFLA T: I don't have any questions, but in looking at this, I think there are certain provisions of
the criteria that are not met And since I probably would be voting against approval of this, I'd like to state what those are at this
time for reason -- my reasoning.
CHAIRMAN STRAIN: Mr. Kolflat, before you go too far, we've got to fIrst check with public speakers, then close the
public hearing. And then that will be more appropriate to hold it for then. Okay?
COMMISSIONER KOLFLAT: Fine.
CHAIRMAN STRAIN: Okay. Do we have any public speakers, Ray?
MR BELLOWS: No one has registered.
CHAIRMAN STRAIN: Does the applicant have any comments, rebuttal? Nothing to rebut?
MR. YOV ANOVICH: Nothing additionaL I mean, obviously, I think this is an oddball circumstance. I'm not even sure
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that this is what the code intended to require separations for.
So, you know, it's one of those things that I hope that almost a commonsense approach can be applied to it and you all
can support recommending to the Board of County Commissioners the variances we're requesting.
CHAIRMAN STRAIN: Okay. And with that, we'll close the public hearing.
And Mr. Koltlat, it would be a good time to proceed now if you'd like, sir.
COMMISSIONER KOLFLA T: Thank you.
Well, looking at the code and the criteria relative to special conditions, a provision of the settlement agreement required
the property owner to grant a 20-foot wide public beach access along the property north boundary. Which is true, and that has
been done.
This trellis has no special conditions or circumstances that are peculiar to the land or other structures. Structures
pertaining to the beach club and public restroom were all addressed in two other conditional use petitions.
On another criteria, a literal interpretation of the wning code will not work an unnecessary hardship on the applicant
The beach club and public restroom conditions have already been addressed on two other conditional use petitions and are not
dependent on the installation of the trellis.
Another criteria, the variance is not the minimum variance for, quote, reasonable use of the land, closed quote, because
the subject of the variance is a trellis, which is not a required structure. The trellis is an aesthetic feature that the petitioner wishes
to construct But the trellis is not a crucial element to allow, quote, reasonable use of the land, building or structure, closed quote.
It is an amenity that is proposed to enhance the project
Without the trellis no variances would be required. Yes, a variance by defmition confers some dimensional relief from
the zoning regulations specific to a site.
I do not believe these four criteria have been met and I do not believe this petition should be approved.
CHAIRMAN STRAIN: Okay. Are there any other comments concerning this variance request?
(No response.)
CHAIRMAN STRAIN: Okay, is there a motion for the matter?
COMMISSIONER VIGLIOTTI: I'll make a motion to approve. My reasoning is I don't believe the law was written for
this kind of situation. If they were asking to put a structure up where the trellis is, that would make some kind of sense.
But this is actually a see-through type situation. It's an enhancement, it's not a building. And I don't believe that the law
-- the intent of the law was written for this particular item.
COMMISSIONER MURRAY: Second.
CHAIRMAN STRAIN: Motion made by Mr. Vigliotti, seconded by Mr. Murray.
Is there discussion?
Mr. Schiffer?
COMMISSIONER SCHIFFER: Yeah, I think the problem, and I kind of share the opinion of Rich, is we've let our
Land Development Code -- the concept of setbacks and the concept of yards have all blended together, which is why we have
these kind of problems. This is defmitely something I think was always intended to be in a yard.
CHAIRMAN STRAIN: And I wish to point out, Mr. KolfIat's reasoning is well done. 'The saving grace on this one and
the reason I would support the motion is it's actually an improvement for the neighborhood, it's not a detriment. It doesn't have
any negative, I can only see positive.
So from that basis I'm willing to vote in favor of the motion.
Ms. Caron?
COMMISSIONER CARON: Yeah, I would just like to say to Mr. Kolflat too, I'm usually right there with you. I'm
probably the hardest line on most ofthese variances on this board. But I do see this as a benefit to the overall community and
definitely to the people who buy in the tower.
So I'll support the motion.
CHAIRMAN STRAIN: Okay, any further discussion?
(No response.)
CHAIRMAN STRAIN: Hearing none, all in favor of the motion, signify by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: Aye.
Anybody opposed"
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COMMISSIONER KOLFLA T: Aye.
CHAIRMAN STRAIN: Motion carries -- we're down to 6- I, yeah. Can't remember how many people we have left here.
Thank you.
Item #9F (Continued from earlier in the meeting)
PETITION: CU-2007-AR-12419, ABC LIOUORS,INC
CHAIRMAN STRAIN: Okay, I'd like to go back -- and John-David is here, I'd like to go back to Petition
CU-2007-AR-I24 I 9. And that is ABC Liquors. It's a return of a previous heard element.
We did fmalize our review of that element, but in the process there was an error discovered by the applicant. They're
coming back in to correct the error, much to their credit, because they've gone through the entire system again to get here. And it
was based on one of our stipulations.
So with that in mind, all those wishing to testifY on behalf of this item, please rise to be sworn in by the court reporter.
And Richard, here you go again. When this day's over you will be the most honest man in Collier County.
(Speakers were duly sworn.)
CHAIRMAN STRAIN: Okay, are there disclosures on the part of the planning commission?
Ms. Caron?
COMMISSIONER CARON: I spoke to Mr. Yovanovich on this.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: Mr. Yovanovich covered several items and this was included, I believe.
CHAIRMAN STRAIN: Anybody else?
Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: I believe I also spoke to Mr. Yovanovich on this.
CHAIRMAN STRAIN: Anybody else?
(No response.)
CHAIRMAN STRAIN: And I believe I spoke to both Mr. Yovanovich and Mr. Arnold on this particular one.
So with that in mind, we'll proceed. Go ahead.
MR. MOSS: For the record, John-David Moss, Department of Zoning and Land Development Review.
I just wanted to draw attention to the supplemental staff report that I just distributed.
It basically reiterates what the conditions were that you approved the last time this came before you and discloses the
new condition, which is on the second page, the one that's going to be amended.
I also wanted to draw your attention to the last page, which is a letter that I received from the community following the
second NIM that was held.
MR. SCHMITT: And for staff, we apologize for handing this out, but it was the -- it's the dates that we had and the
timing, and in order to keep this scheduled for the Board of County Commissioners. But this was a rather simple change, as you
well know.
COMMISSIONER SCHIFFER: I have a question.
MR. SCHMITT: If you want to take a few moments to read it or--
COMMISSIONER CARON: Go ahead, Brad.
COMMISSIONER SCHIFFER: One of the concerns we had is the time in which trucks could go there. And the way
you've vvritten this, it says trucks having more than two axles.
The concern is trucks having -- well, I guess there's no thing as a one-axle truck, never mind.
Where's the delivery going to be though? Do you have a site plan showing --
MS. WILLIAMS: I do. And for the record, my name is Heidi Williams. I'm a Certified Planner with Q. Grady Minor &
Associates in Bonita Springs.
And before I get to your question, I'll just explain how we are back here today. Because as you know, we did have your
unanimous support about a month ago for this same petition.
The site is located at 951 and 41 on the northeast comer adjacent to an existing CVS pharmacy.
I'll go ahead and place the conceptual plan.
We followed the appropriate conditional use petition fonnat. We had our neighborhood meeting and came to you with
all the information for our request.
We revised our commitments during that hearing and they are, as John-David pointed out, contained in the
supplemental staff report.
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Subsequent to that hearing, we learned additional infonnation regarding the method of deliveries by our clients, and
needed to clarifY that for the public and for this petition.
In order to do that, in an abundance of caution, we held an advertised -- appropriately advertised neighborhood
infonnation meeting and are here to explain what we explained to the public.
We anticipate that some deliveries made to this site will be delivered by semi trucks or box trucks that have more than
two axles, three-axle trucks. And the only concern we had was the time of delivery and the access to the site.
So we crafted a condition that limits the hours to non rush hour times and non late night, early morning times. Basically
from 9:00 in the morning until 6:00 p.m. -- actually, I'm sorry, that's incorrect. From 9:00 in the morning to 4:00 p.m. And then
after 6:00 p.m. until close, which we expect would be no later than 10:00 p.m. on week days.
And because the concern was the interaction of a semi truck with the traffic that goes past the site at the entrances, we
didn't feel that that interaction would occur on a weekend day, so we didn't limit the hours to non rush hour times on weekends.
We hope all that is captured as written on Page 2 of the supplemental staff report.
We did have one attendee at that meeting, and his concern was the interaction with the rush hour traffic, but also how
the trucks would turn from 95 I .
And our response was that trucks currently deliver to the existing pharmacy site. They've been able to make that work.
We expect that the trucks delivering to this site would also be able to make that work.
We also know that when we come in for a site development plan, we'll have to ensure that turning radiuses are all
appropriate and according to code. So we expect that that concern can be addressed through that proper process.
And I can trace on the site plan the way trucks are traveling the site now and how we expect them to travel after
development of this store.
Currently, deliveries to the CVS Phannacy, we expect that trucks enter from 41, pull behind the CVS, this is their
loading area here, pull past the existing drive-through and then out to 951. They obviously make a right in from 4 I and a right out
on onto 951.
Currently there's no way to take a left on 951. That roadway is blocked fTom making any left turns.
Similarly, the concern expressed was a truck coming up 951 would have a very hard time making basically a
180-degree turnaround to go back into the site. We think it's really unlikely that any trucks would try and attempt that turn. We
expect they would follow the path that trucks are taking now, which is in from 4 I, out from 951.
I think it would be hard to regulate something like that and in a condition. I think it's a matter of practicality that that's
what trucks will be doing. And again, we expect that that's an unfriendly turn., it is today, plus it will be designed with
appropriate engineering standards in the future.
Does that address your concern, Mr. Schiffer?
COMMISSIONER SCHIFFER: My concern really was is where in the building is the delivery door and where will the
truck position itself for that?
MS. WILLIAMS: What we do know is that the entrance, the public entrance will face 951. And I don't have an official
footprint floor plan for this building, but we expect that the trucks will come alongside the building and deliveries will either be
from that side or from a door on the other side.
We don't expect that again any large vehicles will attempt to come through this parking that's in the back nearest to the
residential. That's just not a turn they'll wish to make. So we do expect that they will be alongside the building.
COMMISSIONER SCHIFFER: Then another concern. We're allowing other trucks 24-hour deliveries. The way this is
worded, only delivery trucks -- well, that was where we only allowed the two axles. But there is no control at night for even the
two-axle guys?
MS. WILLIAMS: I agree, the way this is written that probably could be interpreted that way. I don't think it's our
intention to have the nonnal deliveries during the evening hours. We had expressed to the community that wasn't our intention.
And we could revise this to make that clear.
COMMISSIONER SCHIFFER: So if we took out No.5 entirely and, then -- well, you added a new NO.5 anyway. So
you actually -- okay. Can't you just say trucks? Because you're allowing trucks of all axes (sic). And then that way we can control
deliveries for the two-axle trucks.
MS. WILLIAMS: The trucks that would make deliveries that would be beyond the control.. the direct control of the
operations department for our client would be the vendors, like Coca-Cola or the local Budweiser. I think they are the only ones
that would have the two-axle vehicles.
We can certainly.. I don't know that they would.. what times they would expect to make deliveries, but I think they
could work with them to comply with these hours.
COMMISSIONER SCHIFFER: I mean, the concern is if the door is on the back side, which looks like there will be an
employee entrance, probably it will be there where the parking -- I mean, you wouldn't want a truck out there late at night sliding
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up and down its sides and crashing stuff.
MS. WILLIAMS: No, I agree. And I think that's a commitment we made to the residents in our first meeting and in the
second meeting, that we are not interested in creating a disruptive environment.
COMMISSIONER SCHIFFER: Okay, can we somewhere maybe add to that sentence no deliveries between the hours
of, and control that?
CHAIRMAN STRAIN: Well, I mean, the way it's is written now, it says when deliveries can occur. You're saying you'd
rather it have it say when deliveries cannot occur?
COMMISSIONER SCHIFFER: Well, let's see. It's -- well, first of all they exclude trucks less than two axes (sic) the
way it's written --
CHAIRMAN STRAIN: Right, I understand n
COMMISSIONER SCHIFFER: n so we defmiteIy want to get that.
CHAIRMAN STRAIN: Right, so you would strike the part that says having more than two axles. It's just trucks shall
only make deliveries.
COMMISSIONER SCHIFFER: Okay, then it controls it, right?
COMMISSIONER CARON: Right.
COMMISSIONER SCHIFFER: Okay, that's good.
CHAIRMAN STRAIN: Does that work for the applicant?
MR. YOV ANOVICH: Well, we'll have to -- if that's the condition, we'll have to go ahead and convey that. Right now I
believe we're comfortable with the 10:00 p.m. cut-off for any vehicle.
The only question I have is that gap between 4:00 p.m. and 6:00 p.m. for the non semi trucks, I don't know if the client's
comfortable with limiting that gap period. And, you know, they may want to start at 8:00 for the smaller trucks instead of the
semiS.
COMMISSIONER SCHIFFER: Let's try it this way then: Don't -- you know, keep the sentence the way it's written,
which is regulating trucks with greater than two axles. And then add another sentence that says trucks of any axle, no deliveries
will be after, and set up a -- because you're right, because two-axle guys will be coming and going all day.
MR. YOV ANOVICH: So then all trucks, no deliveries beyond
10:00 p.m. Is that --
COMMISSIONER SCHIFFER: Correct. And then --
MR. YOV ANOVICH: We'll add that sentence,
COMMISSIONER SCHIFFER: n we're back at the same problem we had with the church, is when do they start up the
next day n
MR. YOV ANOVICH: Sure.
COMMISSIONER SCHIFFER: n so pick a time for that too.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: That's what I was going to bring up, that little piece oflime in between and why was it
there. Thank you.
CHAIRMAN STRAIN: Anybody else, questions of the applicant at that time?
(No response.)
CHAIRMAN STRAIN: Heidi, can you with a pencil or pointer show me on this plan the two ways that -- where your
trucks n how they would get in and unload and how they move out. You don't have to say a Jot, just point it. I just need n I'm
trying to understand the routing.
MS. WILLIAMS: Okay. We expect trucks to enter from 4 I.
CHAIRMAN STRAIN: Right.
MS. WILLIAMS: And we expect to have them travel behind CVS and exit on 95 I.
CHAIRMAN STRAIN: Okay. And you just pointed that they would use that interconnection that in our last meeting
you suggested you didn't want to accept staffs recommendation, or there was an issue about the interconnection could only be an
agreement with a neighboring property owner.
So now if you're relying upon that interconnection in order to establish truck access that you're now telling us you want
to use, then it can't rely upon the property owners' agreement, it's got to be mandatoI)'.
MR. YOV ANOVICH: Mr. Strain, you're right. What happened was is there was discussion requiring that inter--
actually, there was a site plan that showed both. And what I had asked was that it not be required unless we worked that out --
CHAIRMAN STRAIN: Right.
MR, YOV ANOVICH: -- with a neighbor. If they can't work it out something with the neighbors, they may be changing
their types of delivery vehicles to where it can --
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CHAIRMAN STRAIN: Yeah, but Richard, the last thing I want to do is see this panel say yes to the semi trucks, you
don't work it out, your owner, which you guys will be out of the picture by that time, says I'm going to run trucks in there like I
always intended to and he starts lIying to back in and out of those narrow roadways from the north -- from the west side. That
would be difficult.
MR. YOV ANOVICH: Well, they'll have to, I guess, worst case scenario, and I don't drive a semi, but there's
interconnection between the sites already, which is --
CHAIRMAN STRAIN: The one to the west, northwest. I know you're not good in directions, so the left upper comer of
the page.
MR. YOVANOVICH: Yes.
CHAIRMAN STRAIN: Right, I understand that.
MR. YOV ANOVICH: So there's already interconnection. And so they'll be able to maneuver. They may end up parking
in the very front of the building on a temporary basis.
CHAIRMAN STRAIN: If a -- wait a minute, Rich. Ifa semi truck, two axles or larger, now, that's a bigger truck, that
isn't a bobtail, that's up to 35 feet, that's a bigger truck. He pulls into that driveway and he wants to get down and unload in the
area that was indicated they would be unloading from, they'd have to back down that parking area or they'd have drive forward.
Either way, they'd either have to back in or back out and do a lot of turning movements in the parking lot to the east, or they'd be
backing out into the flow of traffic to the north, neither of which is a safe scenario if that interconnect that is shown to the back of
the CVS Pharmacy isn't attained.
MR. YOV ANOVICH: And I guess what I'm saying, Mr. Strain, is it behooves my client to work out interconnection
with the neighbors in order to use semis; otherwise, they'll have to use smaller trucks for the deliveries.
CHAIRMAN STRAIN: Good. Then you agree then that this semi use will be limited only in the condition you get that
interconnect. Thank you, that works fine.
MR. YOV ANOVICH: I don't know that you necessarily have to do that, Mr. Strain, but I'm just saying--
CHAIRMAN STRAIN: I think we do, Richard.
MR. YOV ANOVICH: And for what reason?
CHAIRMAN STRAIN: Because if you don't get that interconnect and you lIy to cram semis down that narrow pathway,
it's going to be detrimental to the operation of that parking lot and those incoming and outgoing roadways.
How are you going to back in and out of there with a large semi truck?
MR. YOV ANOVICH: Can the semi not park in front of the building instead of on the side of the building?
CHAIRMAN STRAIN: So across the driveway, blocking the people that are parking there getting into --
MR. YOV ANOVICH: They'll end up -- I'm sure if the semi is there first, they'll end up parking on the side parking
spaces. It's a short-term delivery issue, it's not -- they're not there all day.
CHAIRMAN STRAIN: Anybody else have any questions?
COMMISSIONER MURRAY: I would make a comment that I agree with you. While I understand that may, if this
were to go forward that way, may eventuate that way, it's not really good planning.
Why do we not -- what obstacle have we run into that you don't have that agreement with your neighbor?
MR. YOV ANOVICH: I'm sorry')
COMMISSIONER MURRAY: That's okay. What obstacle have we run into that you do not have an agreement with
your neighbor before the fact so that you know that you can do this?
MR. YOV ANOVICH: I can't control the speed at which my neighbor works. We are talking to the neighbor. We don't
have any issues. We're cautiously optimistic that we'll be able to work it out, but I don't have it done yet, and we don't want that to
hold up our ability to go forward with our conditional use.
COMMISSIONER MURRAY: I have to agree with Mark--
MR. YOV ANOVICH: I understand his -- I understand his condition.
COMMISSIONER MURRAY: It's only logicaL
MR. YOV ANOVICH: I understand.
COMMISSIONER MURRAY: Okay, then I'm going to have to agree with him then.
CHAIRMAN STRAIN: Okay, any other questions of the applicant')
(No response.)
CHAIRMAN STRAIN: Richard and Heidi, if you've got nothing else, we can hear staff's report.
MR. MOSS: Thank you, Commissioner. For the record, John-David Moss, Department of Zoning and Land
Development Review.
I would just like to add that the application with the conditions is consistent with the Growth Management Plan and the
LDC.
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,
-~
"
I'd also like to see if you all would clarii)- the new condition of approval that you'd like included, number nine, about
delivery times from 10:00 p.m., if we could possibly provide a time when that ends. So from 10:00 p.m. until, would that be 7:00
in the morning, or --
CHAIRMAN STRAIN: What time does the applicant's nonnal deliveries occur?
Heidi, do you have an answer to that?
MS. WILLIAMS: I think we would be comfortable with 7:00 a.m. as the early limit for all deliveries.
CHAIRMAN STRAIN: So I think the sentence you would probably add is that no deliveries will occur between 10:00
p.m. and 7:00 a.m.
Does that work for Mr. Schiffer?
COMMISSIONER SCHIFFER: Just point out one thing. John, this isn't a number nine, this is actually replacing five.
MR. MOSS: Is it adding onto five or completely replacing five?
COMMISSIONER SCHIFFER: Completely replacing five.
CHAIRMAN STRAIN: The language that you've introduced on the second page of your report would replace the five
on the first page and it would have the additional sentence we just talked about. Is that right --
MR. MOSS: If everyone would look at Exhibit D that's attached. This is the list of conditions that's going to be attached
to the ordinance that's going forward to the BZA.
lfwe eliminate number five, it's going to cause concern I know for the resident who sent the letter saying that he didn't
want any trucks --
CHAIRMAN STRAIN: No, we're not eliminating munber five.
MR. MOSS: Okay, so we're not eliminating it.
CHAIRMAN STRAIN: Number five on the conditions, Exhibit D, remains as you've written it with the exception n I
was talking about your first two pages. You'll now add to that number five no deliveries between the hours of 10:00 p.m. and 7:00
a.m.
MR. MOSS: Okay.
CHAIRMAN STRAIN: That would take care ofthat on your Exhibit D.
Is that right, Brad? Does that get you there?
COMMISSIONER SCHIFFER: Hold on, though. My handout has a different Exhibit D.
Yeah -- okay. Yes, yes, I'm sorry.
CHAIRMAN STRAIN: We would add to that no deliveries between 10:00 p.m. and 7:00 a.m.
COMMISSIONER SCHIFFER: Right
CHAIRMAN STRAIN: Okay, that gets us past number five.
Mr. Murray?
COMMISSIONER MURRAY: I would have to ask, how far away is Falling Waters, the first residence in Falling
Waters from that area?
MR. MOSS: Ifwe can put up the site plan again, you could see it there.
COMMISSIONER MURRAY: I'll get you real quick to the idea that I have as a question. You have bigger n you're
going to have bigger than -- you're going to have travel trailers n you're going to have tractor trailer type of vehicles. They run
their diesels on a common -- you know, they commonly -- they don't shut them off, okay, and they could be noisy.
So I wonder, how far are we away from the first residence over there?
MR. MOSS: I don't know the exact distance. I know that there is going to be a wall separating this use from the
multi-family residential that exists there. And they will also have the transitional screening too.
COMMISSIONER MURRAY: Yeah, I don't like to, you know, put a hammer on commerce, but I think we have to
strike a balance there. I wonder if7:00 a.m. is reasonable.
Those are mostly retirees in that area. I don't know why they have to be woken up at 7:00 a.m. I don't know, is 7:00 a.m.
a fairly common --
CHAIRMAN STRAIN: I think so, Bob.
COMMISSIONER MURRAY: Well, I won't object to it too strenuously, but I thought 7:00 a.m. seems early. But on
the other side, older people like to get up early, so maybe we'll go that way.
CHAIRMAN STRAIN: Okay, are there any--
COMMISSIONER SCHIFFER: Let me say one --
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: And it might cure even Bob's concerns. One of the problems I really do have is you're
not really showing us where the door is, the delivery door. And that would matter.
For example, ifit is the closest part ofthe building to Falling Waters, maybe the concerns Bob has are connect If it is
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on that side between the two buildings, I would never worry about it at any hour.
So the point is you -- and I know I guess you don't know it. Are you in for an SDP now?
MR. YOV ANOVICH: Not yet.
COMMISSIONER SCHIFFER: Okay. That's rare.
MR. YOV ANOVICH: But remember, the -- well, it's a conditional use and we're tied to a developer contribution
agreement and all that stuff.
But remember that you'll have the building itself serving as the buffer for the truck, because the truck will be on the side
adjacent to the building, so you'll have the building itself serving as the buffer.
COMMISSIONER MURRAY: You're sure that it's not going to be on the other side?
MR. YOV ANOVICH: When we went through the last time we committed that the trucks could not park -- where's the
site plan? The site plan?
We committed that the trucks could not park here the last time. It was always here. It was just a question of what size of
the truck. And that's all that really we're back for is the size of the truck.
COMMISSIONER MURRAY: How about fUrther on the long side of the building in the back there?
MR. YOV ANOVICH: Back here?
COMMISSIONER MURRAY: No, sir, go up further. In the back. Bring your pen up. There. In that area there.
MR. YOV ANOVICH: We committed to the parking of the truck here the last time.
COMMISSIONER MURRAY: That's fine. I didn't remember that.
MR. YOV ANOVICH: You remember it that way, Mr. Strain?
CHAIRMAN STRAIN: Yeah. In fact, it's nice that Bob brought it back up because we can add the following criteria:
The delivery entrance will be limited to the side facing 951 or the side facing south towards tbe existing pharmacy.
And you've got either the front or the south of the building, but not the back.
MR. YOV ANOVICH: Well, I mean, if the truck is parked here, does it matter if we have a door here that people are
actually going in and delivering the stuff to?
CHAIRMAN STRAIN: No, but then if the truck -- if the door is back there, what's to stop trucks of any size moving to
the back to unload if they can get away with it?
Why don't we just make sure your door isn't back there, then we never got to worry about it.
MR. YOV ANOV1CH: You know, I'm not an architect, I don't design buildings. I'd just hate to already design the
building at zoning stage when I just don't see that as an issue when we're going to be limiting where we're parking.
CHAIRMAN STRAIN: Well, anybody on the board concerned about it?
COMMISSIONER MURRAY: I am.
CHAIRMAN STRAIN: Well, what about possibly limiting the parking for delivery trucks to those two sides?
MR. YOV ANOVICH: That's what we had agreed to last time.
CHAIRMAN STRAIN: It wasn't in here, I know--
MR. YOV ANOVICH: I know, but we did -- okay, that's fine. But I mean --
COMMISSIONER CARON: It was discussed. I don't know why it didn't make it in as a stipulation. And I don't have
the minutes, so --
CHAIRMAN STRAIN: So parking for delivery vehicles would be limited to the side facing 951 or the side facing south
towards the existing pharmacy.
MR. YOV ANOVICH: Yes. I had to think about the directions--
COMMISSIONER SCHIFFER: I think that's fine. Rich's point is if they put the door itself on the other side, they can
wheel around and go into it without a problem.
CHAIRMAN STRAIN: But the parking and the truck noise that Mr. Murray brought up would be limited to those two
sides.
Are there any other comments, questions ofthe applicant or of staff at this time?
(No response.)
CHAIRMAN STRAIN: Do we have any public speakers, Ray?
MR. BELLOWS: No one has registered.
CHAIRMAN STRAIN: Heidi and John-David, what's going on?
MR. MOSS: Heidi just wanted us to clarify the new condition about trucks making deliveries -- or rather not making
deliveries from 10:00 p.m. until 7:00 a.m. She just wanted to clarify trucks of any size shall not make deliveries.
CHAIRMAN STRAIN: Well, actually, number five, the language we suggested adding would simply say no deliveries
between 10:00 p.m. and 7:00 a.m. Doesn't matter.
MS. ASHTON: What I was asking to clarify was the trucks of any size. Because you referred in the first sentence to
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trucks having more than two axles, and I just wanted to make sure that you weren't limiting the delivery to the trucks to two axles
by clarifYing that the trucks of any size shall not make deliveries between --
CHAIRMAN STRAIN: I think the intent was no deliveries. That means period, no matter how -- air freight them in or
however you want to -- there's no deliveries between 10:00 and 7:00.
COMMISSIONER CARON: So adding that phrase is a good thing.
CHAIRMAN STRAIN: Right. Yeah, I think that works.
COMMISSIONER SCHIFFER: Or the other thing you can do is put our new last sentence first, which says no
deliveries, and then there's a qualifier as the second sentence. Then nobody would be confused to think the qualifier applied to the
second sentence, right?
MS. ASHTON: So you're eliminating the time limitations of the two-axle vehicles in your first--
CHAIRMAN STRAIN: No, no, what he's saying is number five would start out with the following: No deliveries
between 10:00 p.m. and 7:00 a.m. Then we would have the next sentence: Trucks having -- then we would limit the trucks having
two or more axles to those hours in addition to the first sentence.
MS. ASHTON: Whatever you decide with the motion, I just felt it needed to be clarified that you were talking about
trucks of any size and --
CHAIRMAN STRAIN: Brad's suggesting by putting it in the beginning of the paragraph it would take the reference
away of the trucks having an axle as a limitation. It simply is the first statement said, no deliveries period between 10:00 p.m. and
7:00 a.m. Then the sentence kicks in about the trucks as a further definition of that first sentence.
Does that work for you?
MS. ASHTON: Yes.
CHAIRMAN STRAIN: Okay.
MS. ASHTON: I would just ask that at the end that you read in what your changes are at the very end right before the
motion because this is going to the Board of County Commissioners on Tuesday, so there won't be time for it to come back on
consent unless that matter gets continued.
CHAIRMAN STRAIN: Boy, we're going to be doing a lot of stuff today.
This idea of it has to go into consent today, that means you have to have these written up and back to us before we leave
today. So can you do that?
MR. MOSS: Sure.
MR SCHMITT: J.D. will owe me an executive summary as well so I can get it to the board, the fundamental executive
summary. Because this is on the schedule. lfyou recall last time--
CHAIRMAN STRAIN: I do now.
MR. SCHMITT: -- we kept this moving forward because it was, quote, deemed to be a rather simple change. Nothing's
simple.
MR. KLA TZKOW: John, use my offices.
MR. MOSS: Thank you.
CHAIRMAN STRAIN: Okay, here's -- forthe benefit of the planning commission, I think there are three changes we
talked about. I'd like to clarifY them for staff, then we can vote on it, then we can get this done for consent review this afternoon.
Conditions, one, two, three and four stay the same. Condition five starts out with the words no deliveries between 9:00
p.m. and 7:00 a.m., period. And then we go in with the second sentence after that.
MR. MOSS: You mean 10:00 p.m., right?
CHAIRMAN STRAIN: 10:00 p.m. and 7:00 a.m., yes, I'm sony.
Number six would read: The opening of the easternmost inter-parcel access connection depicted on the site plan shall be
contingent upon the agreement by that property owner and CVS Phannacy.
Then the next sentence would say: Trucks larger than two axles are not allowed without the use of this access.
Is everybody okay with that?
(Panel indicating agreement.)
CHAIRMAN STRAIN: Heidi, do you understand that?
MS. ASHTON: Yes.
CHAIRMAN STRAIN: Number seven would stay as written.
Number eight would read: No public entrances shall be pennitted on the eastern/southeastern side of the proposed
building. Then we'd have an additional sentence that said: Parking for delivery vehicles will be limited to the side facing 95 I or
the side facing south towards the existing pharmacy.
I s everybody okay with that?
COMMISSIONER MURRAY: I am.
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COMMISSIONER VIGLIOTTI: Yes.
CHAIRMAN STRAIN: Okay. Those are the conditions of approval. We just modified items one through eight Is there
-- well, Ray, we have no public speakers, right?
MR. BELLOWS: Correct
CHAIRMAN STRAIN: Okay, we'll close the public hearing and entertain a motion.
COMMISSIONER KOLFLA T: Make a motion to approve.
COMMISSIONER MURRAY: So moved.
CHAIRMAN STRAIN: Mr. Kolflat made a motion to approve, seconded by Mr. Murray.
Are your motions subject to the conditions --
COMMISSIONER KOLFLAT: Yes.
CHAIRMAN STRAIN: -- as discussed and amended?
COMMISSIONER KOLFLAT: Yes.
CHAIRMAN STRAIN: Yes. And Mr. Murray--
COMMISSIONER MURRAY: Absolutely.
CHAIRMAN STRAIN: -- yes. Okay.
Any discussion?
(No response.)
CHAIRMAN STRAIN: All in favor of the motion, signifY by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER KOLFLA T: Aye.
CHAIRMAN STRAIN: Aye.
All those opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries 7-0.
This will come back for consent after -- this afternoon after we hear the others that are coming back for consent.
COMMISSIONER KOLFLA T: Mr. Chairman?
CHAIRMAN STRAIN: Yes, sir.
COMMISSIONER KOLFLA T: Don't we need the consent form?
COMMISSIONER CARON: Do we need to redo our conditional use forms?
CHAIRMAN STRAIN: Because if you do, we don't have them, because they were in the other packet
MR. BELLOWS: I don't believe you need to do it again. This was just a clarification of the other approval that you did
back on the original August 7th hearing date.
CHAIRMAN STRAIN: The Petition No. CU-2007-AR-12419 remains the same, but the dates of the hearing would be
different than the dates we signed those conditional use --
MR. BELLOWS: I think we will explain in the executive that it was approved on August 7th, it came back for
clarification on the axle issue today.
MR SCHMITT: It's already in the executive summary. It's already explained. It also explains that staff will present the
results of this meeting verbally to the board on Tuesday.
CHAIRMAN STRAIN: Mr. Klatzkow, do you have any -- is that acceptable')
MR. KLATZKOW: Yes, sir.
CHAIRMAN STRAIN: Thank you.
Okay, with that we will go on to -- well, we're taking a break at 2:30.
Item #9H
PETITION: CU-2007-AR-12357, FIRST CONGREGATIONAL CHURCH OF NAPLES
CHAIRMAN STRAIN: Next petition is CU-2007-AR-12357. It's the First Congregational Church of Naples, presented
by Wayne Arnold. And the address is 6225 Autumn Oaks Lane.
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All those wishing to testifY on behalf of this item, please rise to be sworn in by the court reporter.
(Speakers were duly sworn.)
CHAIRMAN STRAIN: Are there disclosures on the part of the planning commission, anybody?
(No response.)
CHAIRMAN STRAIN: Well, I've had meetings with Me Arnold, I've had meetings with the various members of the
church and their representatives, talking about all aspects of this project, all of which we will certainly be talking about this
mommg.
Okay, Mr. Arnold, it's all yours, sir.
MR. ARNOLD: Thank you.
For the record, Wayne Arnold. I'm here representing the First Congregational Church of Naples. With me is Mike
Delate from our office.
You'll notice that Tim Hancock didn't stand to be sworn, but he's with Davidson Engineering, and they're actually doing
the site development plan for this project, so they're -- depending on some of the questions you may have, it may be necessary to
have Tim talk about those.
Otherwise we have Reverend Wicker and Roland Fandessi, both -- the Reverend and one of the church elders here
representing the church.
Most of you may remember this, it came before you as a comprehensive plan amendment. It was a specific amendment
for this site to allow this site to be used as a transitional conditional use. And that would have been for the church use that we're
back before you today.
As we've progressed through the process, we have entered into the conditional use application for the church. The
conceptual plan has been modified several times, and some of those revisions have been at our request, and others, because we
have been working closely with your transportation staff, if you recall, to deal with this extension of Vale wood Lane South, and it
would have been an Oaks Boulevard reliever through Autumn Oaks Lane.
Those details have progressed, and we now have a very specific design plan, with sidewalk locations and comer clips
that are required in that right-of-way reservation area known.
So the site plan's corne a long way, and the church actually engaged Davidson Engineering to perform and develop that
site development plan for them.
So the conditional use plan that you see in your packet today is vel)' specific and maybe a little bit more detailed than
you normally see for a project of this type.
Again, we've met with the Oakes Neighborhood Association on a couple of different occasions. And I know that the
church members have had ongoing dialogue with them. We have had our neighborhood informational meeting and we held that at
the Baptist Church on Oakes Boulevard. And I think we had two people in attendance at that last meeting.
I understand that the Oakes neighborhood may have a representative here, but I don't see them. It's my understanding
that they're supporting the application.
Again, the application, specifically we requested to have a 300-seat church. I know that one of Mr. Strain's questions
that carne up yesterday was the actual size of the church building itself. The reference to 300 seats has been consistent from day
one but the size of the church building has morphed over time", the church carne further along with their plans.
I think the plan has most of the basics that you normally see. Our access will be off Autumn Oaks Lane. At one point in
time we had contemplated accessing the Valewood extension road, but that's going to be u it's my understanding we'll have a
median divider so we wouldn't have access to the north anyway. So it only makes sense to go out the Autumn Oaks Lane. The
neighborhood has seen that and they offer no objection, to my understanding.
I'm here to answer questions that you may have. There's really not a lot of detail to be discussed here. We don't have an
immediate neighbor, we don't have neighbors that are concerned. And I don't think there are any other letters for the record. I had
heard that one ofthe residents may have written a letter. I've not seen it So ifl'm mistaken, hopefully Melissa Zone can correct
that record.
CHAIRMAN STRAIN: Ray, could you put the site plan on the overhead while we're asking questions? Just makes it
easier to visualize.
Any there any questions of the applicant from the planning commission?
COMMISSIONER SCHIFFER: I do.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: Wayne, on the site plan, and you can see it -- I'll tell you what -- see if Ray u see the
way the striping is on Autumn Oaks Lane? How do people who are going eastbound u do they cross that striping to get in?
MR. ARNOLD: I think you would. I'm not sure that there's -- there's no divider there. I think that's just a representation
of the lines and the turn lanes that will be there to feed that northbound traffic.
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COMMISSIONER SCHIFFER: But they'll be painted solid. You're not legally supposed to --
MR. ARNOLD: It will allow crossing. Mike Delate has been working with your transportation staff. And it's my
lll1derstanding that that eastbolll1d movement would be allowed out of the church onto Autumn Oaks Lane.
COMMISSIONER SCHIFFER: I'm worried about getting into the church, not out of it.
In other words, I'm coming down Autumn Oaks Lane. I see where I can set up to go north on Valewood, but essentially
I'd have to cross those painted stripes to get in.
MR. ARNOLD: To make your left turn into it if you were coming in--
COMMISSIONER SCHIFFER: Right.
MR. ARNOLD: -- from Oakes Boulevard to the west. That would be an allowed movement.
Keep in mind the volume and the peak hours for the church are Slll1day morning, so it's off-peak for your normal traffic
flow.
COMMISSIONER SCHIFFER: But you will paint it that way? I mean, isn't that -- you're not allowed to cross solid
lines I thought anyway.
CHAIRMAN STRAIN: Well, let's get transportation to respond to you.
Nick, or if somebody could answer the question, we'd sure appreciate it.
MR. CASALANGUIDA: For the record, Nick Casalanguida, Transportation.
Traffic coming down south of Vale wood is a free-flow movement, it's not stop controlled. Traffic going west down
Autumn Oaks is stop controlled. Traffic heading east on Autumn Oaks is not stop controlled.
So the traffic control is set up so that the movements south can move freely and the movements west, east -- east to west
can move freely but from west to east cannot, they would be stop controlled.
That line is just the property line that's shown on that sketch, it's not the actual striping line.
CHAIRMAN STRAIN: No, I think what Mr. Schiffer is trying to ask is see the diagonal lines on the western property
line where it meets the center line of the road? Those are like an island -- diagonal island. I know it's not an island, but those
diagonal lines, people would have to cross those to make a left turn into the driveway ofthe church. And he's asking if that's a
permittable --
MR. CASALANGUIDA: No, those would be gored back Those would be taken out and moved back
COMMISSIONER SCHIFFER: Okay. My next question maybe Nick can answer too. Is this Valewood lined up
perfectly with the Valewood across the way?
MR. CASALANGUIDA: It is.
COMMISSIONER SCHIFFER: Okay. I have a question for Wayne, but while Nick's there, if anybody else wants to
talk to him --
CHAIRMAN STRAIN: Anybody else have any transportation issues at this time?
(No response.)
CHAIRMAN STRAIN: No? Thank--
COMMISSIONER CARON: Yeah, I have--
CHAIRMAN STRAIN: Hang on.
Ms. Caron?
COMMISSIONER CARON: I have a question.
In this document it says that you want to waive the need for required preserves on-site. Is that usually your bailiwick?
MR. CASALANGUIDA: No, it's not. The memorandum was done in coordination with the planners. And I've talked to
Mr. Schmitt, there is provision in the GMP to do off-site preserves when a site is tight.
Yeah, off-site mitigation.
COMMISSIONER CARON: Right, llll1derstand. But the way it was worded in here, it sounded like you were making
that determination for --
MR. CASALANGUIDA: No, ma'am.
COMMISSIONER CARON: Okay, thank you.
CHAIRMAN STRAIN: Mr. Koltlat?
COMMISSIONER KOLFLAT: Yes. On Immokalee Road, the LOS is E, correct?
MR. CASALANGUIDA: It's actually existing right now F by board commission because we have restriction due to the
interchange construction.
COMMISSIONER KOLFLAT: Then it also says in the report that this is expected to fail by 2013.
MR. CASALANGUIDA: Well, in that report we have a constrained four-lane facility in that area because we purposely
did that knowing that the interchange being constructed by DOT was going to take a while. When that interchange is fully open
we have an eight-lane section there, and six-lane Immokalee Road there will be okay in front of this project.
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COMMISSIONER KOLFLA T: When is the project supposed to be completed?
MR. CASALANGUIDA: An FDOT project, they're telling us about 20 months from now.
COMMISSIONER KOLFLA T: And the expected operating -- or Certificate of Occupancy of the petitioner is what?
What is their schedule?
MR CASALANGUIDA: I would imagine they're 20 months out as well, too.
We didn't tie this to the CO. They're working with us for the right-of-way to make an improvement where we would be
able to pull traffic away from the existing Oakes signal and move it to the east So this project in coordination with them is
actually making things better out there.
COMMISSIONER KOLFLA T: But you're satisfied that there will be no traffic problems up in this area with this
petition?
MR. CASALANGUIDA: And as pointed out -- the answer to that is yes. And this is off-peak type uses, a church. And
Immokalee Road in that area is set to cany peak traffic, not off-peak traffic like a church like this. It will be fme during the
off-peak hours.
COMMISSIONER KOLFLA T: Thank you.
MR. CASALANGUIDA: You're welcome.
CHAIRMAN STRAIN: Any other questions of transportation at this time?
(No response.)
CHAIRMAN STRAIN: Okay. Thank you, Nick.
Questions of the applicant?
Mr. Schiffer?
COMMISSIONER SCHIFFER: Yeah, Wayne, the size of the church is a problem. Your ground coverage, you're
saying that the building is going to take up around 11,000 feet Obviously I see some stairs, so there's mezzanines and stuff that
could be taller. But I assume these are one-story buildings to the side, the church itself is a tall one-story building with a
mezzanine.
MR. ARNOLD: It's not an extremely tall building. But I know that there was a question, I think -- I wasn't involved in
that conversation. I think Mr. Strain had a question for the church itself about the steeple height
But the building itself, I haven't seen the latest iteration ofthe building plan, but I know that we've got one in the room
and I can look at it But I think there's only a mezzanine level. I don't believe it's a full two-story type building.
COMMISSIONER SCHIFFER: But what is the -- in other words, if your ground coverage is 11,000 feet, how big is
this church?
MR ARNOLD: Maybe I'm not quite understanding the question. Are you asking the total square footage of the
building?
COMMISSIONER SCHIFFER: Yes.
MR. ARNOLD: Mike Delate just corrected me, there's a portion that's two-story. But the total building square footage
is a little over 12,000 square feet
COMMISSIONER SCHIFFER: Then something's wrong with your impervious calculations.
When Mike said there is a two-story part, what part was he referring to then?
MR. ARNOLD: Just give me one moment to look at the plan, Mr. Schiffer.
MR. DELATE: For the record, Mike Delate.
It's just a little bit of the area, the mezzanine area in front ofthe chapel portion of the church.
COMMISSIONER SCHIFFER: Okay. That's -- okay.
When you did your parking calculation, you did it solely on the seating capacity. A building that big, is there any other
calculations you've done as to what the required parking would be?
MR. DELATE: The county only requires for church facilities to use the primary principal use when calculating parking
facilities. Because the other uses will not be used coincidentally with the chapel use. So it's rare if ever that they have coincidental
use.
COMMISSIONER SCHIFFER: So the greatest load will be the 300 seats.
MR. DELATE: Correct
COMMISSIONER SCHIFFER: Okay, thank you.
CHAIRMAN STRAIN: Other questions ofthe applicant at this time?
(No response.)
CHAIRMAN STRAIN: Wayne, I've got a few questions.
Do you intend to have any day care at this facility?
MR. ARNOLD: No, sir.
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CHAIRMAN STRAIN: So you have no problem restricting day care as a non-use.
MR. ARNOLD: I guess I would only distinguish -- there wouldn't be an independent day care use, but certainly child
care as part of a service is not an issue. I don't think it is for any other church. Is that where you're headed with that?
CHAIRMAN STRAIN: Well--
MR. ARNOLD: A lot of churches have a child room so that when you're conducting your service--
CHAIRMAN STRAIN: I just don't want -- if you want a day care service, a conditional use needs to represent that, and
you haven't.
MR. ARNOLD: We did not request a separate conditional use for day care.
CHAIRMAN STRAIN: Okay.
Go ahead, Mr. Schiffer.
COMMISSIONER SCHIFFER: Just to question that. But they would be allowed after school care and stuff like that,
right?
MR. ARNOLD: After school care? I don't think so. I think the type of -- somebody from staff can correct me if I'm
wrong, but it's my understanding that you can ask for a separate conditional use for day care, we could ask for a separate
conditional use for a church, but the only type of child care that would be conducted here under our application would be in
conjunction with the church service itself, not a separate independent function.
COMMISSIONER SCHIFFER: It's too bad, because that helps a lot of working families. But your choice.
CHAIRMAN STRAIN: My next question would be the number of congregations that you think are going to use this
church.
MR. ARNOLD: That I don't know. I can ask Reverend Wicker ifhe has any idea. Right now they don't own and utilize
their own facility for their services, so presently they probably don't share with any other congregation.
But I know we had this discussion earlier that it is the mission of a lot of churches to help other congregations get off
the ground, so they can share space. But J don't think we have an answer, the number of congregations that could use it.
CHAIRMAN STRAIN: Because this is looking for a conditional use specific to an area that has limited their
conditional uses, namely Golden Gate Estates. This is more residential and sparsely density area. This has a different level of
problems if they're going to have more than their congregation using it.
This is exactly the scenario that has been experienced with the Jehovah's Witnesses on Golden Gate Boulevard that has
caused problems for that neighborhood in regards to their objection.
So I want to make sure there's no problem limiting the use of this facility to that congregation. And if you want to find
that out, you need to do so when staffs making their presentation.
MR. ARNOLD: I will do that.
CHAIRMAN STRAIN: Okay. And hours of operation, we just had a church come in offlmmokalee Road and -- I don't
know ifthat was Estates zoning but a similar rural zoning, and they went ahead and limited their hours of operations to the uses
they needed. They spelled them out.
I'm wondering what the uses and hours of this church are. We'll need to have the same consideration, I would assume.
MR. ARNOLD: I'll need to have that conversation with the Reverend. And I can get back with you when we get a
moment to discuss that with them.
CHAIRMAN STRAIN: Okay. I notice in the staff report, Page 7 of8, that there's apparently going to be a
memorandum of agreement. Are you aware of that?
MR. ARNOLD: I am. A copy of that draft is in your agenda packet.
CHAIRMAN STRAIN: But memorandum of agreements, do they normally come before the planning commission? I
don't remember that kind of animal before.
MR. ARNOLD: No, this was something that's been and is being negotiated primarily with your transportation
department. Davidson Engineering has taken the lead on this in drafting this agreement with -- on behalf of the church, obviously.
And it's our understanding that it will likely be accepted by the Board of County Commissioners at the time that the
right-of-way agreement is also fmalized.
CHAIRMAN STRAIN: Is the process of requesting a deviation to our Land Development Code something that can be
accomplished through a memorandum of agreement that doesn't go before this board, a process that's acceptable to the county?
MR. ARNOLD: Are you speaking specifically to the condition regarding off-site preserve? I'm not--
CHAIRMAN STRAIN: No, I'm speaking to the reference in the staff report that says the memorandillll of agreement is
requesting an LDC deviation.
So why don't you tell me which one is the deviation that you're asking for through a memorandillll of agreement. Then
I'd want to know from staff or from legal how that's possible through that process, and what process should be followed ifthat's
what you're trying to seek.
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MR. ARNOLD: I'm not certain that there is a deviation contemplated in the eight current points of the memorandum of
agreement, Mr. Strain.
CHAIRMAN STRAIN: Okay. Well, that would be good. I just want to--
MR. ARNOLD: So I agree with you, there are certain administrative deviations that staff can deal with regarding fences
and walls. One example, some signage things.
But no, any other deviation is not an acceptable method to come through the conditional use. It would come back to you
either through a variance or a formal deviation request, if this were a PUD.
CHAIRMAN STRAIN: On that memorandum of agreement, number one, at the time of SDP review and approval, the
established water management control elevation will be set no higher than 10.75 feet NGVD.
Why are you putting that in this? Why wouldn't you be subject to the water management criteria at the time?
MR. ARNOLD: I understand what you're saying. I think maybe Mike Delate can offer up why we've gotten to that
specificity in the agreement that you see before you.
CHAIRMAN STRAIN: Okay.
MR. DELATE: Although not directly involved with the development of this memo, what's concurred -- or occurred is
the consultant that the county's hired has been at a different pace than the development of the site, at least the permitting activity.
And some of the conditions up tront needed to be set between the county, Davidson Engineering in this case, and the consultant
who's doing the road connection for Valewood Extension. They needed to set the parameters. So some of them have been set
forth in this memorandum.
CHAIRMAN STRAIN: Okay, so -- Nick, step to the mic, if you don't mind.
So Nick, you're saying that your department's requiring the 10.75 feet NGVD and it's going to be consistent with the
design of the roadway improvements?
MR CASALANGUIDA: Actually, I'm happy to say both the owners of the church design team and the county's
consultant design team came up with this memorandum and worked back and forth. They were both looking for specificity as they
moved through the design process.
So this was worked through Marlene Messam, our design project manager with the design consultant and with
Davidson Engineering. So the answer is yes, this number is needed to be in there.
CHAIRMAN STRAIN: Okay. I don't know if you'll know anything about this, but somebody might Number two, the
water management to serve the church parcel will be required to provide water quality treatment consistent with South Florida
standards and will be reviewed by Collier County.
Well, first of all, that's a given. It's part -- they have to do that or they don't get a South Florida permit, so I'm not sure
why the first sentence is needed.
Furthermore, the county has deemed the configuration of the water management area as shown in the master plan to be
acceptable.
My concern here is we have a standard of 1.5 times water quality treatment I think that's better than South Florida's. So
if you limit them to South Florida's, we're not getting what our code requires. And if that's the case, then we need a deviation.
MR CASALANGUIDA: I'm not sure that's the fact I think that I'm n
CHAIRMAN STRAIN: Okay. Well, I'm trying to find out, so--
MR. CASALANGUIDA: This was met with Stan Chrzanowski in engineering. They talked about it and they went back
and forth with the engineers, and that's the language they all came up with, so --
CHAIRMAN STRAIN: Okay, but what I'm wondering is, if the language is current code, which you don't know if it is
or not, why is it in here? Because the current code then would then apply. So if it isn't in here, that means something's up. What is
it?
MR CASALANGUIDA: Sir, I can't answer that question other than to say that four or five designers and county
reviewers have looked at this and said this is what we need -- they want in there for comfort for both on their end and the county's
end.
CHAIRMAN STRAIN: Okay, does number three pertains to anything you're involved with: Offsite discharge of
stormwater will not exceed the predevelopment conditions of the site. A pre versus post analysis shall be provided as part of the
site development plan process in order to make sure this standard is met.
Is that a new standard, a standard part of our current code, a standard required by South Florida, or why is it in here?
MR. CASALANGUIDA: It's an existing standard, the pre versus post requirement They just wanted to make sure that
they were clear that we would be able to -- that the county would maintain a pre versus post condition and the developer would do
the same as well too.
CHAIRMAN STRAIN: Well, you know it bothers me when someone has to have a code restated in an agreement
because they want to make sure it's clear. And I don't particularly like that, so I'm trying to understand why this is necessary.
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Because if I don't see a good reason why it is, it should be stricken.
MR. CASALANGUIDA: Again, Commissioner, I wasn't part of the water management negotiations at review, but the
two engineers, both from the county and the church, transportation engineering, both CDES and them discussed this and wanted
some surety that these are the guidelines we're all going by. Although repetitive, I think it gave everybody a certain sense of
comfort that they were doing the same thing.
CHAIRMAN STRAIN: Well, I know you can't answer all this.
Wayne, do you have anybody that can?
MR. ARNOLD: I'll take a -- Wayne Arnold. I'll take a shot at that. And then Mr. Hancock's here and he can add
anything that I don't.
These issues that are in this memorandum of agreement are there largely because the county needs this right-of-way
reservation. Their road will be substantially higher than our site. There are certain factors for water management design that we
need to know as we're moving through the design process for this, so that both the road and the drainage work for the road and
also for the specific site for the church.
So these were trying to codify the tenns of agreement that we needed to make both the road and the church site
function.
A lot ofthis probably wouldn't have to be here. It could certainly be in a fonn that when the church makes its final
commitment with the county to take down this right-of-way reservation area, how those tenns of -- how they come up with the
impact fee credits, whether they come up with the sale price or donation, whatever it works out to be, those could certainly be
factors of that agreement. But they're integral to the site design. That's the simple answer.
CHAIRMAN STRAIN: Okay, that explains the first one that has a specific reference to an NGVD that was an absolute
because it's needed. It doesn't explain the general tenninology of nwnber two, nor the general tenninology in nwnber three.
Do you have anybody who can tell me why that was inserted into this memorandwn of agreement --
MR. ARNOLD: Sure.
CHAIRMAN STRAIN: -- from a design perspective?
MR. DELATE: From a design perspective, a lot of this is currently in the Land Development Code but is subject to,
shall we say, subjective review. What we wanted to do is have this formalized, so memories that fade over time would have
something to refer to as to how this design is going to be reviewed.
It's not necessarily all science. Some of it's art. And we wanted to make sure that that art was written down for future
use.
CHAIRMAN STRAIN: Okay. Is the engineer who designed the water management system here?
Were you sworn in, sir? You'll need to rise and raise your hand for the court reporter.
(Speaker was duly sworn.)
MR. WHITE: Ryan White with Davidson Engineering.
CHAIRMAN STRAIN: What's your water quality treatment rate?
MR. WHITE: We're providing an inch and a half
CHAIRMAN STRAIN: That's alII needed to know. Thank you, sir.
Okay, are there any other questions of the applicant?
(No response.)
CHAIRMAN STRAIN: Wayne, I have one more.
MR ARNOLD: Okay.
CHAIRMAN STRAIN: It's one I brought up as you pointed out earlier. We have a zoned height in that conditional use,
and staff needs to correct me if I'm wrong, but I think it's 35 feet. And we don't have an actual height.
I understand churches need steeples. I hope we don't get another one like that one on 951 and Vanderbilt Beach Road
where the steeple is bigger than the church.
So in that regard, can you tell me what your actual height is intending to be on this thing?
MR. ARNOLD: If I can also give you that response after I sit down with the Reverend, because I know he's got a set of
the building plans. I'd like to look at those and scale that.
They do have an actual design for the steeple. I think it's going to be a little bit over 70 feet. But I'd like to tell you
exactly what that is.
CHAIRMAN STRAIN: Okay, we'll wait to hear back from you.
Any other questions of the applicant?
(No response.)
CHAIRMAN STRAIN: And Nick, I guess you got something you want to say.
MR. CASALANGUIDA: I believe in section four the memorandwn talks about the reservation of the right-of-way. The
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County Attorney has asked us to clarify with the applicant how that reservation will move forward. And I've discussed it with the
owners.
I would like to read something into the record and then place it on the viewer for an exhibit
CHAIRMAN STRAIN: What number are you on?
MR. CASALANGUIDA: I believe I'm on four, sir.
It should read the owner or its successors and assigns should be required to reserve right-of-way as depicted in Exhibit
A.
The reserved road right-of-way shall be conveyed to Collier County in fee simple in exchange for impact fee credits.
The value of the credits shall be calculated at -- it's blank right now, but it says per acre, which represents the actual cost per acre
in which the applicant has paid for the property.
The dedication shall occur within 90 days of the approval of this conditional use.
So we're actually giving him credit for what he paid for the land and to happen within 90 days.
And if you'd like to put that on the viewer and I can enter it as an exhibit.
CHAIRMAN STRAIN: We definitely need the language to get into a stipulation format when we get to that point
MR. CASALANGUIDA: It's printed out
CHAIRMAN STRAIN: Okay. Thank you.
MR. CASALANGUIDA: You're welcome.
CHAIRMAN STRAIN: Any questions from anyone?
(No response.)
CHAIRMAN STRAIN: Okay, well, let's have the -- well, you know what, it's getting close to a break time. Rather than
have Melissa get up and not have all the questions, why don't we take a break and come back at 2:40.
(Short break.)
CHAIRMAN STRAIN: Okay, everyone. Welcome back from the break. And we were awaiting Melissa's
enlightenment on the First Congregational Church of Naples.
MS. ZONE: Thank you, Commissioner.
Melissa Zone, Principal Planner with the Department of Zoning and Land Development.
As previously stated, that this had went through a Growth Management Plan amendment. And the specific reason why
was because this area, though it's zoned Estates, is in the Golden Gate Area Master Plan, which restricts conditional uses on
churches. The area did not allow transitional conditional uses.
The Growth Management Plan was heard by the Board of County Commissioners and approved, and it is site specific,
which it says conditional use for a church or place of worship as allowed in the Estates zoning district is allowed on Tract 22,
Golden Gate Estates, Unit 97. So it's specific to this site.
It's been through the -- vetted through the public process. County staff has reviewed it for conditions of approval.
There are some questions that the commissioners had that I would like to address at this moment.
It's related to -- on Attachment D, No.8, which is the memorandum of agreement It is talking about specifically the
required preserves for the subject property may be provided off-site through the acquisition of like property and so forth.
This provision is allowed in our Growth Management Plan. And staff has this currently in the Land Development Code
amendment cycle to be reviewed by this board and hopefully approved by the Board of County Commissioners.
And normally conditional uses do not go through the process, nor do you deviate. What you're looking at is, is this site
appropriate for a church. We found that this site is appropriate for church through the Growth Management Plan amendment
But this memorandum of agreement that was requested by the transportation department was put there because the site
is small, there was reservation for the easement for the extension of Va Ie wood. And to make this site work for the applicants as
well as for the county, this memorandum of agreement was drafted to make sure that everything is compatible.
I talked to our County Attorney during the break, and I don't know, Mr. Klatzkow, if you want to mention anything
about number eight, but I know that this was a concern on the board, that hopefully it will be -- the LDC will be approved prior to
the construction of this site and that there won't have to be actually a deviation. But ifby chance that it isn't, the GMP does allow
for this provision.
MR. KLA TZKOW: I don't really have an issue with it It's allowed by the GMP.
CHAIRMAN STRAIN: Okay. That's what we wanted to make sure.
MS. ZONE: And so if there are any other additional questions. I know that the applicants have come up with height
requirements, but I'm going to let them talk about that.
I just want to mention one more thing, and it's on -- was with the parking. And Commissioner Schiffer had asked about
parking for this site.
The county has, in the LDC Section 4.05.04(G), paragraph G, Table 17, church, house of worship, temple, synagogues,
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you use three parking spaces for each seven seats in the chapel.
Now, on their site plan, which staff has asked, though the application is for 300 seats, the site plan limits them to two
hundred and -- let me make sure I read this correctly. It was 290 -- it was 67 seats. I'm looking for that --
COMMISSIONER CARON: Looks like 276.
MS. ZONE: Thank you, Commissioner Caron. I was looking for that, reading it frantically. 276. So the site plan has a
276-seat capacity, which the parking calculations do meet that seat capacity.
Though they are asking for -- saying 300 seats, I think that it needs to be determined are they doing 300 or are they
going with the 276, which staff is asking approval for this site plan, which would then be the 270-seat capacity.
CHAIRMAN STRAIN: Melissa, couldn't you simply say not to exceed 3000
MS. ZONE: We could. And if they can't fit it, then they can't go that large, correct
CHAIRMAN STRAIN: Okay, that just keeps it a little easier.
MS. ZONE: Keep it simple. Thank you, sir.
If the board has any questions, I'd be happy to address them.
CHAIRMAN STRAIN: Questions of the staff at this time?
(No response.)
CHAIRMAN STRAIN: Melissa, I have one, and I need an acknowledgement for the record. There's been a -- from the
staff report to now, there's been a doubling of the size of the facility, from 6,000 to 12,000 square feet
We've heard from transportation and we've heard from the applicant that it's based on -- the analysis basically has been
on the 300 seats.
I just want to make sure you're consistent with that, that the additional square footage change doesn't have any impacts
that you had not evaluated for differently than those of the 300-seat capacity that you evaluated for.
MS. ZONE: Commissioner, I checked with all of the staff who did review this. The only impact that it might have could
be with the stonnwater.
I spoke with Stan Chrzanowski. He could not be here today. But he did say that doubling the size of the building could
have a significant impact on the stormwater, but that could be worked out during the site development plan. And they would have
to meet the terms ofthe county.
So if that size is too large and they don't meet it, then that would be handled through that process.
CHAIRMAN STRAIN: If this gets approved today for up to 300 seats -- first of all, I'd suggest we strike any reference
to square footage unless we want to change it to 12,000, not to exceed 12,000 and not to exceed 300 seats.
But at the same time, even if they got that, if they go in with a plan, because of the size increase it doesn't provide them
with sufficient stormwater from a number of different agencies, they wouldn't be able to get a permit, would they?
MS. ZONE: Correct
CHAIRMAN STRAIN: Okay.
MS. ZONE: So in a way, during the SDP process we'll limit them on that area.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: But is this increase, I mean, one of the reasons that we no longer have on-site preserves?
We shouldn't be allowing people to just double sizes of things and then say oh, well, now we can't do the preserves but we know
in the GMP it says it's okay, we can do them off-site.
MS. ZONE: Right Well, you know, actually, if you look at their site plan, they do show an area for preserves.
The reason why this GMP amendment came in to allow off-site preserve and now it's in the LDC process was because
of this -- not because of the square footage of the building, but because the site is small and that the preserves are so small that the
chances of them maintaining and living will not -- are vel)' fair, there've not good at all.
And so having them buy -- or mitigate off-site and add on to another area would allow a better preserve area somewhere
else.
So it is intended for sites like this, but not because of the square footage.
COMMISSIONER CARON: I'm just trying to make sure that's the way it's being handled.
MS. ZONE: Correct And it is. It is. Because they don't look at the square footage to base it on preserves. It's the site
itself and what's on-site.
COMMISSIONER CARON: Because otherwise it is a corruption of what the intent was.
MS. ZONE: Right
You know, ifthis board would like to limit the size of the square footage or would like to discuss this, staff certainly
will support the planning commission.
But at this moment we're deferring to what the board deems appropriate. Staffwill be comfortable. Because it has been
based mostly on 300 seats.
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Staff did review, and Commissioner Strain brought up a good point, we were looking at this as one congregation. We
did not review this as several. So that is something that could be taken into account for as well.
CHAIRMAN STRAIN: Okay, any other questions of the staff at this point?
(No response.)
MS. ZONE: Thank you.
CHAIRMAN STRAIN: Okay, hearing none, Ray, do we have any public speakers?
MR. BELLOWS: No one has registered.
CHAIRMAN STRAIN: Mr. Arnold, do you have any -- I'm sure you got information we're looking for.
MR ARNOLD: I did. My notes reflect that you had asked how many congregations will be using the site, the height of
the steeple feature on the -- and if we had hours of operation were the three things that I wrote down.
The other was clarification that there was no child care, the note that I had made. And I think we clarified that we did
not have child care outside of church services.
With regard to how many congregations utilize the site, we had this discussion earlier, and presently they don't have any
other congregation. They don't intend to have other congregations.
The only issue that came up, and the Reverend mentioned that if we prohibit other congregations from using their
facility, what if there was a catastrophe, another fellow church had been demolished, fire, hurricane, whatever, would they not be
allowed to outreach and allow another church facility to come in and have temporary services there or something? That's the
dO'WTIside of going to limiting them to onc.
The other side of that equation is they're fine limiting themselves to one, if that's the pleasure of the planning
commission. But I do think there could be an unintended consequence to limit them to only one.
CHAIRMAN STRAIN: Well, after what happened with the Jehovah's Witness site, I myself wouldn't want to see that
happen again. So the limitation I believe is necessary.
MR. ARNOLD: So the limitation wouldn't be to this congregation in the event that the church grew and decided they
needed another site, it would be to a single congregation? Is that how that would be --
CHAIRMAN STRAIN: Yeah, just come back in and ask for a modification to their conditional use and they let the
public know what they want. And that's how it would be approached. It would be less paper intensive or design intensive
operation. It's simply a use request.
There's no reason why they shouldn't renotiry the neighborhood of the further scrutiny they'd have on their site,
especially from a traffic viewpoint, which hasn't been taken into consideration.
So I think in a residential setting like this is, and an exception to a residential setting, it certainly is warranted to request
that.
MR. ARNOLD: Okay. And that would be an added condition to that, that it would be limited to use by a single
congregation?
CHAIRMAN STRAIN: Right. And then ifthat is accepted -- ifthat's going to happen, the hours of operation don't
become a concern then, because obviously a single congregation can only put so many hours into their single use. So I'm not too
worried about the hours of operation after that.
What about the height?
MR. ARNOLD: The height, we have looked at the architectural drawings, and we don't have a fixed centerline height of
Immokalee Road, which is one of your measurements for the actual building height.
We do know what the finished floor elevation for the church is going to be, and it's going to be right around 15 feet. So
I think we're safe with a maximum height for the steeple feature.
So the building we know is limited to the height under the Golden Gate Estates zoning designation. But for the steeple
and the cupola that they have on this building, they have a height requirement of about 75 feet would do it. And that would be
above the finished floor elevation.
I hate to speciry actual height per the Immokalee Road right-of-way because I don't know exactly what that centerline is.
Plus we're having another road built that could potentially be a collector road adjacent to us. And then we also have Autwnn Oaks
Lane on the other side of it.
So if we could speciry the maximum of75 feet for the steeple and cupola above finished floor elevation.
CHAIRMAN STRAIN: Brad?
COMMISSIONER SCHIFFER: Mark, I did look at the plans after they rescaled it. It is somewhere between 75 and 80
from grade.
I mean, I grew up in New England, a congregational church is Christopher Wren steeples, a big part of it.
What if we just set it up where from a property line no greater than one to one, which is what we do for a wall on a big
box store along property lines, and it be just the steeple itself? They're going to be limited. The cost of a high steeple in Florida is
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very expensive with the wind load, so they're not going to exaggerate that steeple.
CHAIRMAN STRAIN: Yeah, but for simplicity to the public, what's wrong with just saying 75 feet? I mean, you tell
the public it's one to one, someones got to go out there will a tape measure, know where the property line is and do all the
measurements.
COMMISSIONER SCHIFFER: Wayne's point is it's -- well, we would know on the site plan the distance from the
proper1y line.
Wayne's point is that the 75 feet he wants to measure from grade then, not from --
CHAIRMAN STRAIN: Well, he says above finished floor.
MR. ARNOLD: Yeah, the fmished floor would be the measurement at which -- that would be the safe measurement
COMMISSIONER SCHIFFER: Okay.
CHAIRMAN STRAIN: Anybody else?
(No response.)
MR. ARNOLD: Finished floor elevation.
CHAIRMAN STRAIN: Okay. I don't think there's any more questions. So we've cleared up the day care, we've cleared
up the congregations, we've cleared up the height, and we're looking at not to exceed language of 12,000 square feet and 300
seats.
MR. ARNOLD: If! could just say that! think that I'd rather not speciry the square footage, if we can get away from
that, and just limit it to the 300 seats.
And [say that because the plan has morphed. We don't know exactly what may happen with all aspects of the site plan
and the building plan as we move through the process. I don't think it's getting bigger.
CHAIRMAN STRAIN: Morph it smaller. When this started out, we were told 6,000 square feet, Wayne. That went on
for years until yesterday morning at 7:00 when the bomb was dropped, it expanded to 12,000 square feet
Now, I don't mind working with anybody, especially if the intensity is remaining the same, but to leave it unlimited,
we've not done that before, why would we make that exception now?
MR. ARNOLD: Well, if we're going to go square footage, and -- we'll do what you say. But I think the question is we
need to make sure it's the right square footage.
So if we can have Davidson Engineering pull the exact building square footage off of their site plan so we can insert
that, because I would hate to end up that we're 200 feet too small for something they've been working on a design.
CHAIRMAN STRAIN: You need to get it done then.
I mean, you did a traffic report at 8,450 square feet The discussion yesterday started out at 10,000 square feet and
before it ended it was up to 12. So now we've got another number coming in. What's the final number?
MR. ARNOLD: Mike Delate just whispered in my ear that we can live with a maximum building square footage of
12,000.
CHAIRMAN STRAIN: Okay, fine. Thank you.
Anybody else have any questions or concerns?
MR. ARNOLD: If I might And the 300-seat maximum stays in there.
CHAIRMAN STRAIN: Not to exceed 300 seats.
Mr. Bellows?
MR. BELLOWS: I had a request that the memorandum of agreement be incorporated into the resolution. Individually,
not a separate document. I think those are conditions that are just normally found in a resolution with a conditional use, not a
separate document attached to the resolution.
CHAIRMAN STRAIN: Anybody have any concerns? Does County Attorney have any concerns?
MR. KLATZKOW: No.
COMMISSIONER CARON: No. I think I was the one who asked that question, just because it was stated in here that it
was going to be an attachment --
MR. BELLOWS: It doesn't need to be --
COMMISSIONER CARON: -- and it's not an attachment So I was looking for it. Ifit was supposed to be there, it was
not, so--
CHAIRMAN STRAIN: Well, with that then, let me -- are we all done? Let me close the public hearing and I'll read the
stipulations that I have and then we can entertain a motion.
MS. ZONE: Commissioner, I just wanted to -- just to veriry that the deviation in the LDC for the off-site preserve is
going in front of this board on September 26th, and it is scheduled to go in front of the Board of County Commissioners on
October 30th.
By the time it gets to Tallahassee and back should be approved by November. So that not necessarily will be a
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deviation.
CHAIRMAN STRAIN: Have you been on this site?
MS. ZONE: I have, actually.
CHAIRMAN STRAIN: So have L There's a house there. And the guy that used to live in the house planted a lot of
specimen trees he liked. And they weren't really native trees, they were all kinds of weird looking trees. Nice weird looking trees.
But there isn't one square foot of preservation worth anything on this property. So to have them purchase something
off-site is a real benefit rather than a negative, so --
MS. ZONE: Absolutely--
CHAIRMAN STRAIN: -- I have no problem with that stipulation. Think it's a good thing in a case like this and it's a
prime example of when it should be used.
MS. ZONE: Right.
And it will be approved, we're hoping, by the Board of County Commissioners at the end of October.
So to work with the applicants, it will probably be approved before they're in and completed with their SDP process.
CHAIRMAN STRAIN: Okay, with that we'll close the public hearing, I'll read some stipulations and then a motion
either to work with the stipulations, go with them or whatever.
The first one is that there will be no day care outside what is a typical church service allowable as an accessory.
Second would be limit the congregations to this particular congregation only.
The third would be that the actual height will be limited to 75 feet above finished floor.
The fourth would be to limit the square footage utilized on this site not to exceed 12,000 square feet and the seating not
to exceed 300 seats.
And then the memorandum of agreement that's part of the package will be attached and incorporated into the resolution.
Is there a motion?
COMMISSIONER VIGLIOTTI: I'll make a motion to approve. 1 just have a question of Mr. Klatzkow.
CHAIRMAN STRAIN: Before you ask the question, let's see if we can get a second.
COMMISSIONER SCHIFFER: I'll second.
CHAIRMAN STRAIN: Motion made by Commissioner Vigliotti, seconded by Commissioner Schiffer.
Your motions are made consistent with the stipulations?
COMMISSIONER VIGLIOTTI: Yes, exactly.
CHAIRMAN STRAIN: And the second?
COMMISSIONER SCHIFFER: Yes.
CHAIRMAN STRAIN: Okay.
COMMISSIONER VIGLIOTTI: I just have a question.
CHAIRMAN STRAIN: Sure.
COMMISSIONER VIGLIOTTI: Mr. Klatzkow, we've been getting quite a few churches came before us recently,
which is a good thing. And we have more to come.
Are we -- or can we catch ourselves in a problem down the road because of restricting hours, restricting congregations,
putting restrictions on them, even though it's a conditional use? Could we wind up as a county in some kind of problem down the
road?
MR. KLA TZKOW: I have always had some discomfort on these conditional uses when it comes to churches. And it
would not surprise me if sometime down the road there would be a comt decision that would be adverse to the procedures we take
here.
Having said that, we have a current code in place. And the ClUTent code has churches being conditional uses in some
parts of the county.
And as part of that, in order to make them compatible with the neighborhood, certain issues such as times of day that
they can be open, the size of the church, everything we1ve been discussing are appropriate for your review.
So I guess what I'm saying is we have a duly enacted ordinance, and until it's changed by the Board of County
Commissioners what we're doing here is appropriate.
Having said that, down the road would it surprise me if a court tossed any of this out? No.
COMMISSIONER VIGLIOTTI: So then I was going to say, do you feel comfortable with it, but that's not even that
MR. KLA TZKOW: Do I feel comfortable? I've always felt a bit discomfortable when we've had these discussions on
churches. But it is our current law.
COMMISSIONER VIGLIOTTI: So we can proceed the way we are?
MR. KLATZKOW: Yes, you can.
COMMISSIONER VIGLIOTTI: Okay, thank you.
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CHAIRMAN STRAIN: Okay, any further discussion?
(No response.)
CHAIRMAN STRAIN: Motion made and seconded.
My. Murray?
COMMISSIONER MURRAY: Yeah, I just want to suggest my frustration at the attempts. And while I applaud what
you're attempting to do to preserve the neighborhood for peace and quiet, it distresses me greatly that this is an issue.
I will support the motion because I want to make sure that this church goes forward. But I feel very uncomfortable
about limiting them.
What goes through my mind is, as a situation, and I'm sure you would applaud this, just say for the sake of argument we
had two or three more congregations got together on a Saturday because they were going to wrap up food and clothing or
whatever to be sent over to the military in Iraq or wherever.
It's the kind of thing that represents community to me. And that's the contradiction that I'm working with.
So I understand clearly what you're trying to do for the general public, and I respect that So there's my little problem.
CHAIRMAN STRAIN: Thank you, sir. And it only takes one bad example to cause a problem for the all. And that's
exactly why I keep having this problem with multiple congregations uncontrolled. The example's already been set and we have to
live with it and some neighbors have to live with it in Golden Gate Estates, and it's highly unfair.
So with that, is there any other comments?
(No response.)
CHAIRMAN STRAIN: Ifnot, we'll call for the vote.
All those in favor of the motion as stipulated, signify by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER KOLFLA T: Aye.
CHAIRMAN STRAIN: Aye.
Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries 7-0.
MR. ARNOLD: Thank you all very much.
CHAIRMAN STRAIN: Conditional use papers, please pass them in after you sign them. I'll need to borrow your pen
here.
Okay, before we go into the Lee County Electric Cooperative, it's 3:00. It's most important today that we fmish up the
consent items that are already scheduled for the agenda next week with the BCe.
We have four consent items. I'd like to finish them all up now. Mr. Hancock, we're going to have to defer you for a few
minutes.
I'd like to get past the consent items, so that if we do have to continue at 4:30, we're continuing petitions that hadn't been
heard yet, and we can fmish up what's got to go for the BCC by requirement
Item #9A (Continued from earlier in the meeting)
PETITION: PUDZ-2006-AR-I0294, NAPLES CHURCH OF CHRIST
CHAIRMAN STRAIN: So Ray, with that, our first consent item was 9(A). And 9(A) was the Naples Church of Christ
on Livingston Road. This was a PUD. And there was a n we had gone through it this morning. I don't know if the applicant's
ready to discuss. For their sake, I hope they are.
MR. YOV ANOVICH: Nancy, you've seen all this?
MS. GUNDLACH: Yes, I have just one minor correction.
MR. YOV ANOVICH: On this page is where we showed the change of the principal uses. We deleted the townhomes,
and now it starts with the two single-family dwellings. So that's what that page represents.
And we've struck all references to the 74 multi-family dwellings. So that's what this page shows, the strike-throughs of
all the -- or the deletions. It's not -- this fonnat shows you on the margins what was removed, versus a strike-through and
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underline,
So we deleted -- we took the word cwnulative out to make sure it's for the total enrollment of I 50.
The next change was we deleted the 74 multi-family residential dwelling units as one ofthe uses that was allowed in this
opening paragraph.
Since we no longer have the multi-family, we didn't have -- we had that alternative language. It was an either/or before
in the previous document that you saw.
The former number one was the townhomes. That has come out and become the new number one. And that's just
renwnbering for the remainder of that page.
There were no changes necessary to the next page of the document, which was the accessory uses for that parcel.
Then we got to the third page where we did make some changes. As you'll recall, that was the preserve tract uses. We
deleted the and related open space activity. And then we added into the principal uses nwnber three, which was that we had to
make sure whatever clearing we did not affect our native preservation calculation.
And then when we got over to the next page, under the preserve tract under accessory uses, we again deleted the and
related open space activity.
CHAIRMAN STRAIN: That's a blank page for us.
MR. YOV ANOVICH: I'm sorry, I went too high.
CHAIRMAN STRAIN: Thank you.
MR. YOV ANOVICH: Okay. The next is the development table, And it is a little tougher to show. But what you can see
over here on the margin, that was the deletion of all the references to the multi-family.
CHAIRMAN STRAIN: Okay.
MR. YOV ANOVICH: And then we get to Page 7 under the footnotes, I believe it was. Again, there was necessary
revisions due to the removal of the multi-family. And that dealt with when we had -- well, it's really removal ofthe multi-family
setbacks related to that
No changes to the development table for the CF tract, since we didn't make any changes to that
The master plan we did make the -- we did delete the interconnection.
Do we have that handy for me to put up there?
MR. ARNOLD: Yeah.
MR. YOV ANOVICH: I'll get that for you. But we did remove that
On the deviations, the requested deviations, which was Exhibit E, we revised it to say unless the CFR tract is developed
by any entity that is not owned or controlled by the church, then the buffer required for the CFR tract will be per the Land
Development Code.
And then in deviation nwnber three, we made it clear that a wall only along the northern boundary from the preserve
tract west of Livingston Road will be required. And I believe that's consistent with the requests of Positano and three of the
planning commissioners.
CHAIRMAN STRAIN: Could you show us on the map where that's--
MR. YOV ANOVICH: I will. I'll put that up. I'll put the master plan up now.
As you can see on the master plan, this was the interconnection that's gone. So we would be required to have a wall
from here, which is the preserve, west to Livingston Road. No wall anywhere else within the project
And that is all the changes that we've made. And I believe that addresses all ofthe comments.
Did I miss something?
MR. ARNOLD: I did.
MR. YOVANOVICH: You did?
MR. ARNOLD: I made a mistake.
MR. YOV ANOVICH: You made a mistake? Okay.
MR. ARNOLD: Mr. Chainnan?
CHAIRMAN STRAIN: Yes, sir.
MR. ARNOLD: Could I interject here again? Wayne Arnold.
On the Exhibit E deviation page that's on the screen before you, I think we may have left out a word to make that clear.
What we had discussed when we took the break, that this is the deviation between the two tracts. And it was my
understanding that what we wanted to do was not require a buffer, period, unless the tracts were developed by an entity other than
the church-related entity.
So I think the way that currently reads, it says, which requires an alternative Type B buffer. It should say, to require no
buffer between the CF and R tracts unless the tract I mean, I think that language -- and we can --
COMMISSIONER VIGLIOTTI: Yes, you're right
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MR. ARNOLD: Okay.
CHAIRMAN STRAIN: Yes, I think that's right.
MR ARNOLD: So it should say, to require no buffer between the tracts unless. Okay.
CHAIRMAN STRAIN: Where did you address the no formal recreational facilities and no outdoor lighting in that back
tract?
MR YOVANOVICH: That was back in the permitted use --list of permitted uses.
COMMISSIONER VIGLIOTTI: Ball fields?
MR YOV ANOVICH: Thank you. And we had put -- I'm sony, I forgot to mention that one.
Under the permitted uses we have parking, water management, recreational uses accessory to the church school. And
then we said no ball fields, courts or similar recreational uses may be constructed. No outdoor recreational use shall occur -- may
occur, I'm sony. It should say no earlier than sunrise and not beyond 9:00 p.m. That's how we addressed that. Since we're not
allowed to do any formal ball fields.
CHAIRMAN STRAIN: Right. But the restriction was -- I mean, you're allowed to -- you were talking about if people
wanted to go out there and throw a football around or run around.
MR YOVANOVICH: Right.
CHAIRMAN STRAIN: And that's fme, I think everybody's understanding that.
But I heard the gentleman specifically say they were concerned about formal recreational facilities being constructed on
the site with outdoor lighting, and you agreed you wouldn't be doing that. I didn't see the language in here.
MR. YOV ANOVICH: Well, we said no ball fields, courts or other similar recreational uses may be constructed.
MR. ARNOLD: If I might interject again, Mr. Strain.
We actually in a previous iteration ofthis had the word no lighted. But then as Rich pointed out, if we said that you
couldn't have lighted, did that imply that we could build unlighted. And that wasn't the case either.
So we felt that this as written reflected that if we couldn't build the ball fields anyway, then we wouldn't have lighting.
Plus with the hour restriction to 9:00, I don't know that we would ever end up in a scenario where lighting would be necessary, to
be honest.
But again, I think we can -- if there's a better way to clean that up -- because we don't need outdoor lighted recreational
facilities. That's --
CHAIRMAN STRAIN: Why don't we just simply say there will be no outdoor lighted recreational facilities? Is there a
negative to that?
MR. YOV ANOVICH: That's fine. We thought we took care of it by saying there were no formal ball fields being
allowed. But if we need to --
CHAIRMAN STRAIN: You didn't say that. You said no ball fields. You didn't say no formal ball fields.
MR. YOVANOVICH: Okay.
CHAIRMAN STRAIN: Well, that's -- but that was the point that was pointed out.
MR. YOV ANOVICH: I understand. But it said no ball field, you know.
CHAIRMAN STRAIN: Well, that means you can't put even a ball field where two people go out and kick a ball around
then. Do you really want it -- I think the intent was no formal ball fields and no outdoor lighting. Those were the things that would
create more noise and more distraction to the people to the north.
Now I don't think they -- from testimony I heard, they weren't objecting to a couple people going out there and throwing
a football or a frisbee or kicking things around, but I think it was the more formalized facilities that they were concerned about. So
you -- you know, you may want to think about better wording. It's up to you.
MR ARNOLD: Maybe, if! might, we could simply insert the prior to ball fields to say no formal, if that's the preferred
word, to reflect that.
And then if we need to add then a phrase at the end that just simply says that we'll have no lighted outdoor recreational
facilities, then maybe that makes that very clear.
COMMISSIONER MURRAY: No lighted or formal recreational facilities shall be constructed.
CHAIRMAN STRAIN: If you go no formal ball fields, courts or other similar recreational uses or lighted outdoor
facilities may be constructed, then I think you've covered all the bases.
COMMISSIONER MURRAY: No pun intended.
MR ARNOLD: And your phrase was no lighted outdoor facilities?
CHAIRMAN STRAIN: No lighted outdoor recreational facilities.
MR ARNOLD: Recreational facilities. Okay.
CHAIRMAN STRAIN: I think that gets us to where we need to be.
Okay, Mr. Murray"
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COMMISSIONER MURRAY: I'm going to -- at the risk of annoying the petitioner, I'd like to canvas our board to find
out whether or not the same constraints still exist with regard to the 74 units that were talked about and deleted.
MR. YOV ANOVICH: I appreciate that, but we spoke to the resident of Positano and they were firm on that that they
didn't want the residential use. So --
CHAIRMAN STRAIN: Here's something, too. We all know that Mr. Wolfley would have held out for that one. And
probably to get this through we may have gone along with it.
Ifthe applicant has voluntarily pulled it out against the option ofleaving it in as a conditional use, it still is probably not
much different of a process for the applicant to have to come back for an amendment to the PUD to get those added in the future
if they find a compatible way to do it, versus ifthey had it as a conditional use and had to come back through the process again
anyway.
So I think this is probably a good solution, Bob. And --
COMMISSIONER MURRAY: Fine enough for me, if everybody's happy on that.
CHAIRMAN STRAIN: Me. Schiffer?
COMMISSIONER SCHIFFER: Just a minutia thing.
Rich, in there you described earlier a concrete fence you wanted to build, yet in the thing you put in there it said
concrete or masonry walls.
Do you want to add the word fence, just to make sure you Ire not --
MR. YOV ANOVICH: Yeah, we talked about that. What did we decide on the wood fence?
COMMISSIONER SCHIFFER: I didn't say wood. I just said -- a fence is a post and panel construction. A wall is
bearing continuously along the bottom.
MR. ARNOLD: I think the way that the condition is written as we've -- I shouldn't say condition, but deviation, it
clearly says that we are required to build a -- I think it says concrete or masonry wall from our preserve tract westward to the
Livingston Road right-of-way.
COMMISSIONER SCHIFFER: Okay. So you don't want to do the concrete fence"
MR. ARNOLD: No, I think it's a--
MR. YOV ANOVICH: How about we put wall or a fence.
MR. ARNOLD: Concrete wall or fence?
COMMISSIONER SCHIFFER: I think I would put concrete, period, masonry -- I mean, you can't make a masonry
fence -- comma, wall, and fence -- or fence.
CHAIRMAN STRAIN: I think if it's concrete, it really doesn't matter whether you want to call it a wall or a fence, it's
going to work.
COMMISSIONER SCHIFFER: They are two different entities, especially in the building code, so--
CHAIRMAN STRAIN: Mr. Kolflat"
COMMISSIONER KOLFLA T: Yeah, I might have misheard you, but you mentioned that wall is going west of
Livingston. You mean up to Livingston --
MR. ARNOLD: I'm sorry, west to Livingston. If I misspoke, I apologize. West to Livingston Road.
CHAIRMAN STRAIN: Anybody else have any questions?
(No response.)
CHAIRMAN STRAIN: Okay, does staff, the County Attorney's Office, everybody involved with the consent issue,
understand the changes and corrections made here today? Because this will be the last chance we have to change or correct
anything before it goes to the BCC.
Nancy, is this yours?
MS. GUNDLACH: Good afternoon, Commissioners. Nancy Gundlach for the record, Principal Planner, Zoning and
Land Development Review.
I understand your conditions. Thank you.
CHAIRMAN STRAIN: Okay. And the panel would be comfortable with this as a consent then? If there is, I need a
motion.
COMMISSIONER VIGLIOTTI: I will.
CHAIRMAN STRAIN: Mr. Vigliotti made a motion.
COMMISSIONER VIGLIOTTI: I'll make a motion to approve with the changes that we've all discussed here now.
CHAIRMAN STRAIN: Is there a second?
COMMISSIONER SCHIFFER: (Indicating.)
COMMISSIONER MURRAY: Second.
CHAIRMAN STRAIN: Seconded by -- well, Me. Schiffer had his hand up first.
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Mr. Vigliotti, you want to --
COMMISSIONER VIGLIOTTI: Yes, I want to add something.
I'm voting for this, I made the motion. But I'm just concerned and I want on the record that I'm concerned about putting
restrictions on churches in the future. But I'm okay with this.
CHAIRMAN STRAIN: Well, and since Mr. Vigliotti wants to put something on a motion, I want to tell you I'm
concerned if we didn't have the restrictions on it. I would then would vote against it. So that would nullifY your objection.
MR. YOV ANOVICH: Can I --
CHAIRMAN STRAIN: Anybody else? Mr.--
MR. YOV ANOVICH: Can I express a concern?
COMMISSIONER MURRAY: Please do.
MR. YOVANOVICH: I would just like to hear from staff that the deviation is consist -- I would like to know ifit is or
is not consistent with their recommendation. I hope it is, because it changes where we go with -- I think we would be on the
summary agenda if we don't have any consistency (sic) with the staffrecommendation.
CHAIRMAN STRAIN: Ray, when Joe was here it was different, and he said that they would -- you would actually put
it on the -- pull it off the consent.
Now that they've changed the wall issue, is it enough for you guys not to object to it, or are you still going to take an
objectable position?
MR. BELLOWS: My understanding is that we've come very close to meeting staff things. And I think what I'd like to
see is where we're short of the fence -- Nancy, if you can point that out.
MS. GUNDLACH: There is no--
MR. BELLOWS: Do you have the master--
CHAIRMAN STRAIN: You know, from the perspective of the County Attorney's Office, I have a question.
So this means if this panel wants to make a recommendation and we're all in cooperation and we're trying to move to the
Board of County Commissioners in a unified manner, there's nobody here wanting to pull this, if we disagree with staff, staff can
pull it off the summary agenda?
MR. KLA TZKOW: I have no control over the staff and the summary agenda. But I think Mr. Bellows would be able to
work this out pretty quick.
MR. BELLOWS: Yeah, I think we can work it out. I just want to make sure I understand where we're short on the
fence.
COMMISSIONER SCHIFFER: The preserve.
COMMISSIONER MURRAY: Nancy wanted it completely sWTounding.
MS. GUNDLACH: Commissioners, there is no fence located -- and keep in mind, all these residences are built right
here. There is no fence located along here, along here, here, here.
The fence that's proposed is proposed from here to here.
CHAIRMAN STRAIN: Did you want to comment?
MS. GUNDLACH: Would you like me to -- I can draw it in.
CHAIRMAN STRAIN: Well, no, Nancy--
COMMISSIONER VIGLIOTTI: Keep going, keep going.
CHAIRMAN STRAIN: -- you got a preserve in the part in the north where the fence isn't going to be. You got a strip of
preserve plus a whole bunch of what looks like lmtouched land to the east To the south you got an FP&L easement that looks to
be what, 100 or more feet wide, I don't know. And then you got a preserve between that and the houses. What more do we need?
MS. GUNDLACH: I conducted a site visit--
CHAIRMAN STRAIN: Yeah, I know, I built the houses there. So did L
MR. BELLOWS: Now that I -- for the record, Ray Bellows. Now that I see where the fence is and where it isn't, the
preserve area, except for the difference, we can aceept this and go forward on the summary.
CHAIRMAN STRAIN: Thank you, Ray.
COMMISSIONER VIGLIOTTI: Thank you.
CHAIRMAN STRAIN: Okay. Any there any other discussions from the planning commission?
(No response.)
CHAIRMAN STRAIN: Hearing none, all in favor of the motion, signifY by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER VIGLIOTTI: Aye.
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COMMISSIONER MIDNEY: Aye.
COMMISSIONER KOLFLAT: Aye.
CHAIRMAN STRAIN: Aye.
Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries 7-0.
Thank you gentlemen for your cooperation today. We appreciate your getting it done so we can get this moving
forward. I know you do, too.
MR. ARNOLD: Thank you.
Item #9B and #9C (Continued from earlier in the meeting)
CP-2007-7 and CP-2006-8
CHAIRMAN STRAIN: 9(B) and (C) are the petitions for Orange Blossom. There was one, 9(B) had some consent
stipulations. And 9(C), where are we at with those"
MR. SCHMIDT: Coming to you now.
CHAIRMAN STRAIN: Okay.
COMMISSIONER SCHIFFER: Mark, can I ask the County Attorney something while this is being passed out?
CHAIRMAN STRAIN: Oh, sure, go right ahead.
COMMISSIONER SCHIFFER: Jeff?
MR. KLATZKOW: Sir.
COMMISSIONER SCHIFFER: Could somebody from your staff send us a link somehow to that recent court ruling
with the Jehovah Witnesses?
MR. KLATZKOW: I'll get you the opinion. You won't get -- there's no link involved. You have to--
COMMISSIONER VIGLIOTTI: Can I get one also?
MR. KLATZKOW: Yeah. I'll give it to all of you.
COMMISSIONER VIGLIOTTI: Good idea.
COMMISSIONER MURRAY: That'd be a good idea.
COMMISSIONER SCHIFFER: If it's going to be an issue, let's look at it
MR KLA TZKOW: It's site specific. Every site's going to be different That's why we go through this process.
COMMISSIONER SCHIFFER: And isn't it common for Jehovah Witnesses to share meeting halls anyway? From
limited experience I have, that that's part of the way they deal with things.
We don't know.
MR KLATZKOW: They come to my door, I talk to them. Other than that--
COMMISSIONER SCHIFFER: You don't read the Watchtower then?
CHAIRMAN STRAIN: Okay, we're on to consent item 9(B), which was the CPCS-2006-7. It was the first one that we
went through this morning. The changes have been passed out to us.
MR SCHMIDT: And again for the record, Corby Schmidt with the Comprehensive Planning Department
On your visualizer is the top page or the first page where the provisions would apply to both of those parcels in the
subdistrict And we've made those changes in accordance with your recommendation. And both transportation staffhas read and
agreed to these -- this language, as well as petitioners.
Behind -- and again, the most recent changes are appearing in green on your sheets.
CHAIRMAN STRAIN: Corby, I think there's enough there, I think we understand the gist ofthe consent
Are there any questions involving the consent items that are being presented for the first part, which is the 9(B) item,
which would cover us on the first page and down to parcel two on the second page? Any concerns?
(No response.)
CHAIRMAN STRAIN: Okay, is there a motion to approve this for consent for the adoption process for 2006-77
COMMISSIONER MURRAY: So moved.
COMMISSIONER VIGLIOTTI: (Indicating.)
CHAIRMAN STRAIN: Me. Murray made the motion, seconded by Mr. Vigliotti.
Discussion?
(No response.)
CHAIRMAN STRAIN: All in favor, signifY by saying aye.
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September 18, 2008
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER KOLFLA T: Aye.
CHAIRMAN STRAIN: Aye.
Motion carries. Anybody opposed?
COMMISSIONER CARON: (Indicating.)
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: I'm still opposed to this one.
CHAIRMAN STRAIN: Ms. Caron is still opposed. Motion carries 6-1.
Now, the second one didn't require a consent item because it was a tie vote. So is there anything else that needs to be
discussed on the comprehensive plan issues?
MR. SCHMIDT: Just the staff understood that, and we'll split the docwnents apart so you're not reading both when the
recommendation does come before the board.
CHAIRMAN STRAIN: Thank you, sir.
Item #9F (Continued from earlier in the meeting)
PETITION: CU-2007-AR-12419, ABC LIOUORS INe.
CHAIRMAN STRAIN: Okay, let's move on to 9(F). That one was the conditional use for the ABC Fine Wine and
Spirits, CU-2007-AR-12419.
Okay, we have a new list of conditional uses, numbers one through nine. The changes we asked for were in nrnnber five.
And we asked the first sentence be added no deliveries shall be permitted between 10:00 p.m. and 7:00 a.m.
We asked for number six, trucks having two or more axles shall not be allowed without this inter-parcel access
connection.
And we asked for nwnber nine, parking for delivery vehicles shall be limited to the side of the building facing the
CR-95 I or the side of the building facing south towards the CVS Pharmacy.
Anybody have any other issues?
Mr. Murray?
COMMISSIONER MURRAY: Yeah, I'm just looking at number five, and I'm wondering, I thought we got rid of that
from the 4:00 p.m, to 6:00 p.m. thingy.
CHAIRMAN STRAIN: No.
COMMISSIONER MURRAY: Why do we have it there? Explain it to me. It doesn't make any sense to me why we
have an interruption in there.
MR. MOSS: For the record, John-David Moss, Departtnent of Zoning and Land Development Review.
That was as a result of the second NIM. A member of the community showed up and said he was opposed to having
trucks operating at rush hour. He felt it would be dangerous for people exiting Falling Waters' conununity, which is adjacent to
this development.
He was concerned that their view would be blocked of traffic coming through the intersection, if they were, for instance,
trying to make a right twn onto CR-951.
COMMISSIONER MURRAY: I mentioned earlier about conunerce and 7:00 a.m. And I see that as an estoppel for
conunerce and I don't understand that at all.
One person I'm not sure should change the whole process. I don't see the point. Okay.
CHAIRMAN STRAIN: Mr. Murray, the only -- it may not be a valid point, but if the applicant's willing to provide it, is
there any harm done? I'mjust wondering--
COMMISSIONER MURRAY: Well, I don't know whether they're willing to do it or whether or not as a result of that
one person we do what sometimes that's said that staff does to people just to move things along. I don't know.
What sounds to me or seems to me to be just not right doesn't make sense for me to go on the basis of one individual.
Answering your question, I'll accede to it, but not -- I don't believe in it.
MS. WILLIAMS: For the record, Heidi Williams. I'll just respond, Mr. Murray, to your concern.
Our client is willing to make this commitment because they have several stores and they can just work out the route so
that they avoid those times when they arrive at that store.
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COMMISSIONER MURRAY: Well, all right, that's fine. I thought, though, that this was associated with vehicles of
more than two axles. Is that correct?
MS. WILLIAMS: Correct.
COMMISSIONER MURRAY: Okay. Well, who all controls them? The store doesn't control them.
MS. WILLIAMS: Our client is the owner-operator of this business. So they will control the operations that anticipate
having semi trucks --
COMMISSIONER MURRAY: I suspect they'll attempt to control it. But inasmuch as interstate conunerce is a matter
of time and distance, no one can foresee when a trucker will necessarily arrive, no matter the best efforts to get there.
MS. WILLIAMS: Actually, they -- not to be argumentative, but they are the distributor for their stores.
COMMISSIONER MURRA Y: That's fine.
MS. WILLIAMS: So they can control their route.
COMMISS10NER MURRAY: And I thank you for that. I'm not going to go any further. If you're satisfied with that,
that's fine.
CHAIRMAN STRAIN: Okay. Any other comments on the consent item?
(No response.)
MR. MOSS: I would just like to add one thing: If you notice on the overhead projector, number six, there's a line drawn.
Ad the end of that first sentence it did say the property's owner, CVS Pharmacy.
Heidi brought to our attention that CVS Pharmacy is just a lease tenant. And so she asked that we delete that, and so
staff did.
So I just wanted to make sure everyone was aware afthat other change to number six.
CHAIRMAN STRAIN: And the only reason I had mentioned it is to keep it clear what side of the bnilding we're talking
about.
If you feel that works, that's fine--
MR. MOSS: Oh, no, Commissioner, I think you're looking at number nine now. I'm talking about number six, the frrst
sentence of number six, reference the owner of the property being CVS, and they're actually not the owner.
CHAIRMAN STRAIN: Understand. Thank you.
Okay, are there any other issues on consent?
(No response.)
CHAIRMAN STRAIN: If there's not, is there a motion to approve the consent agenda item?
COMMISSIONER MURRAY: I'll move it.
CHAIRMAN STRAIN: Mr. Murray madc the motion. Is there a second?
COMMISSIONER SCHIFFER: I'll second it.
CHAIRMAN STRAIN: Mr. Schiffer seconded it.
All those in favor -- any discussion?
(No response.)
CHAIRMAN STRAIN: All those in favor, signifY by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER MlDNEY: Aye.
COMMISSIONER KOLFLA T: Aye.
CHAIRMAN STRAIN: Aye.
Anybody opposedO
(No response.)
CHAIRMAN STRAIN: Motion carries 7-0.
Thank you.
ltem#91
PETITION: PE-2008-AR-13 I 17, LEE COUNTY ELECTRIC COOPERATIVE, INC. (LCEC)
CHAIRMAN STRAIN: Mr. Hancock, we have just plowed through the consent agenda items, so let's now move into
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Petition PE-2008-AR-13 I 17, the Lee County Co-op Electricive, Inc. (sic) for a 20-parking space employee parking lot in
lmmokaIee.
All those wishing to testifY on behalf of this item, please rise to be sworn in by the court reporter.
(Speakers were duly sworn.)
MR. HANCOCK: Good afternoon, bordering on evening, Commissioners. For the record, Tim Hancock with Davidson
Engineering.
I want to note today that Mr. Y ovanovich has indicated he is neither an architect nor a truck driver, so this day is very
special for all of us.
CHAIRMAN STRAIN: It will change the next time he's up here.
MR. HANCOCK: In this economy he may very well become a truck driver, we don't know.
But I'm here on behalf of Lee County Electrical Cooperative Service Center, which currently has a location on State
Road 29 in Immokalee. They are a utilities service provider for the majority of the Immokalee community.
The exhibit before you is a zoning map in your packet showing the project location. I just want to point out that the site,
which is approximately 2.46 acres, fronts State Road 29 and lies extending to the west of29.
The property is bordered -- it's interesting, there was a commercial corridor created here, so there was a parallel line to
29 that was drawn that bisects the property, leaving approximately a third of it at the front as conunercial and two-thirds at the
back with its RMF zoning.
Surrounding the property basically on three sides are mobile homes. And even where we have commercial zoning in
one area, there is a mobile home on that property. And that is identified in your staff report.
Currently LCEC uses the property as a service center, and the building has been there in excess of20 years. The
building is in need of tremendous updating and renovation. It serves its purpose.
Finally, Mr. Midney, something in your backyard that you can sink your teeth into.
But what LCEC is seeking to do is to really upgrade the service to their customers in this area with a brand new facility
on this site that will add drive-through facilities.
And as you may understand, in the Immokalee community there is a lot of payment of bills in person. And so this
service center gets a lot more traffic than what -- a typical Corneast service center, simply because of the dynamics of the
community within which it's located.
LCEC is being very responsive to the needs ofthe community and is going to bring this site up to a top notch facility.
Part of that process is -- and I'll put the site plan on the visualizer for you at this point.
CHAIRMAN STRAIN: Cherie', by the way, are we doing okay with you timewise? Thank you.
MR. HANCOCK: The reason for this parking exemption, as you see the site plan before you, has nothing to do with
building location or circulation or size or square footage. All of that is okay. But one ofthe functions of the service center is that
they have meter reading vehicles that have to go out and read the electrical meters.
Typically the employee comes to the site, they park, they go in, they pull their tickets, they come back out, they get in
their meter reader vehicle and they go off and do what they need.
Yes, sir.
CHAIRMAN STRAIN: Tim, you know, this is one of the simpler ones I think we've had in front of us today, and
maybe we can shorten our day up by simply asking: Does anybody have any concerns with this issue? Because if we don't, we
might just expedite.
Mr. Murray"
COMMISSIONER MURRAY: I just have a question or two. I'm looking at the staff report. But it relates. It says in
here, whether the off-site parking will be used for employee parking. And it goes on to say, by employees only.
But isn't that the same area that's occupied at night by trucks?
MR. HANCOCK: Yes, sir. But the number of spaces allows the employee vehicles to pull in and park, go inside, get
their tickets, come back, get in the truck and go. So it is employee parking and for the service vehicles. Both are acconunodated in
the space you see.
COMMISSIONER MURRAY: Okay, but my point was, is that it indicates in here as an answer employee parking only.
MR. HANCOCK: Well, that means no customers will be utilizing the area, only employees will be utilizing the area--
COMMISSIONER MURRAY: So it doesn't matter if it's their vehicle personally or a truck.
MR. HANCOCK: That's correct
COMMISSIONER MURRAY: Then the other thing is that under 12, whether there are more viable alternatives
available.
While I don't disagree with it, the answer doesn't really to my way of thinking provide -- it says proposed site plan
appears to be a viable alternative.
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That of course is for staff, I think, unless you folks wrote that.
MR. HANCOCK: That's Ms. Oeselem's response. We're -- put it a little stronger, we think it's pretty great.
COMMISSIONER MURRAY: And I would agree. And I would hope that she would have written it a little bit more
strongly too, because it seems that that's where they're already established and that's where they intend to have a structure that --
and the whole bit, right?
MR. HANCOCK: If you'll allow me to admonish her later, I'll take care of that.
COMMISSIONER MURRAY: Well, thank you, okay.
CHAIRMAN STRAIN: Mr. Midney--
COMMISSIONER MIDNEY: Yeah, this is a--
CHAIRMAN STRAIN: -- then Mr. Schiffer.
COMMISSIONER MIDNEY: This is a wonderful project that's long overdue.
CHAIRMAN STRAIN: Thank you, Paul.
Mr. Schiffer?
COMMISSIONER SCHIFFER: Question of staff. Just Kay, a question.
In the site design requirements, since they are going in excess of the parking, are they required to put the -- or will you
make sure they put the double the landscape in that front parking area?
MS. DESELEM: For the record, Kay Deselem.
I don't know that we have that specifically in here, but I will make certain that it is included.
COMMISSIONER SCHIFFER: Okay, thank you.
CHAIRMAN STRAIN: Any other questions of the applicant?
Mr. Kolflat"
COMMISSIONER KOLFLA T: Yes, this is not a major, this is just a minor comment. But I'm trying to identity the
number of parking spaces. On this chart here to the left as we look at that chart, those are the 20 spaces that will be off-site,
correct?
MR. HANCOCK: Yes, sir.
COMMISSIONER KOLFLA T: Over on the right side the parking area is indicated there a total of 17. But in your
write-up you talk about the spaces necessary for 3,200 -- 616 square feet of building, which comes to be 14 spaces.
And then somewhere in the report you also refer to 19 spaces. I'm confused as to how many spaces there actually are
over on this east part.
MR. HANCOCK: The plan before you shows a total of -- it is 19 spaces. We believe that is adequate, along with the
stacking for the drive-through, to accommodate the building as proposed.
At time ofSDP, the building square footage may change a little one way or the other. Either way, we'll have to comply
with the Land Development Code requirements for parking at this site.
COMMISSIONER KOLFLA T: Well, you have plenty of spaces, so there's no problem here of being shortage of space.
I was just confused on how you arrived at the totals.
MR. HANCOCK: I apologize if there was an inconsistency in our application, sir. The plan that you see before you is
what we stand by.
COMMISSIONER KOLFLAT: Thank you.
CHAIRMAN STRAIN: Okay, are there any questions of the applicant?
(No response.)
CHAIRMAN STRAIN: Are there any questions of staff'?
(No response.)
CHAIRMAN STRAIN: Okay, Ray, are there any public speakers?
MR. BELLOWS: No speakers.
CHAIRMAN STRAIN: Good. Hearing none, we'll close the public hearing and entertain a motion.
Mr. Midney"
COMMISSIONER MIDNEY: I'd like to make a motion to approve this and send it forward with staff conditions.
CHAIRMAN STRAIN: Is there a second?
COMMISSIONER SCHIFFER: I will.
CHAIRMAN STRAIN: Mr. Schiffer made the second.
Discussion?
(N 0 response.)
CHAIRMAN STRAIN: All in favor, signity by saying aye.
COMMISSIONER SCHIFFER: Aye.
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COMMISSIONER CARON: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER KOLFLA T: Aye.
CHAIRMAN STRAIN: Aye.
Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries 7-0.
Thank you, Mr. Hancock. That will have to go down as the easiest staff report Kay's ever done.
Item #9J
PETITION: NUA-2007-AR-I2575, HITCHING POST CO-OP, INC.
CHAIRMAN STRAIN: Now, the next one, Petition NUA-2007-AR-12575. And this is the Hitching Post Co-op, Inc.
West side of Barefoot Williams Road in East Naples.
All those wishing to testifY on behalf of this petition, please rise to be sworn in by the court reporter.
Mr. Murray, you're already under oath.
COMMISSIONER VIGLIOTTI: No, no, he's just moving some books around, I think.
(Speakers were duly sworn.)
CHAIRMAN STRAIN: Okay, disclosures. Any disclosures on the part of planning conunission?
(No response.)
CHAIRMAN STRAIN: Okay. For the record, something's being handed out to us.
Mr. Murray, has this got something to do with this application?
COMMISSIONER MURRAY: No, this was Mr. Bosi giving me the opportunity to give it to you.
CHAIRMAN STRAIN: We don't need to discuss it or reveal what it is for the record other than the fact that it's an
infrastructure and horizon study analysis.
COMMISSIONER SCHIFFER: Somehow I got yours.
CHAIRMAN STRAIN: You got mine?
COMMISSIONER SCHIFFER: Anybody have mine?
COMMISSIONER CARON: I do.
CHAIRMAN STRAIN: I got Tor's.
COMMISSIONER MURRAY: They have names on them? I didn't know.
CHAIRMAN STRAIN: Boy, Mr. Murray, Michael Bosi's going to be mad at you.
COMMISSIONER MURRAY: Oh, I got my own, son ofagun.
COMMISSIONER CARON: I got yours.
COMMISSIONER SCHIFFER: Bob, here's yours.
COMMISSIONER MURRAY: I knew I could cause trouble if I tried.
COMMISSIONER CARON: This is like the Chinese fire drill.
COMMISSIONER MURRAY: All I wanted to do was pass something out.
MR. HANCOCK: I'm just happy to fmd out it had nothing to do with my petition.
CHAIRMAN STRAIN: I was too. That's why I asked. Okay.
We've had swearing in. We've got another meeting to open and close yet. We've had swearing in, we've had disclosure.
Mr. Hancock, you can proceed with the presentation.
MR. HANCOCK: Yes, sir, thank you.
Mr. Chairman, members of the planning commission, again, Tim Hancock with Davidson Engineering on behalf of the
applicant, which is the Hitching Post Cooperative.
The Hitching Post -- before you is an aerial showing the approximate 43-acre site. This is a very unusual case, one you
probably haven't seen very much of in the past and hopefully will not see much of in the future.
This has been a mobile home park since the early Seventies. '70 or '71 was the earliest I could find.
When it was created, it obviously pre-dated our Land Development Code. And as such, there were no platted lots, no lot
lines, just a parcel. And then they had internal rules which originally were governed by the state as to how close mobile homes
could be together based on fire code and whatnot. And that's how the park operated from that point forward.
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Into the Nineties, it converted over to a cooperative, which was simply a change in transfer of ownership method. But
nothing else changed in the park itself. There were no changes in boundary limits, setbacks or anything.
So the park has continued to operate really the same way it has since the early Seventies.
The reason this application is before you today is a particular owner of a unit, a neighbor called and complained about
their shed. So code enforcement went out and said gee, you didn't have a pennit for the shed, you have to remove it.
In the process of removing it, that particular owner says, oh yeah, what about that one and that one and that one. This
thing's been around for 38 years.
And what carne to light is that there really are no standards for separation between structures for this site, because our
setbacks apply to property boundaries, of which this has a perimeter boundary. There are no internal lot lines or boundary lines.
So how do you know if a shed or an addition or even a mobile home is too close?
And so the purpose of this application, quite honestly, is to create a standard so that future actions will have a
measurement to be applied to.
And secondly, it's to ensure that the existing mobile home park can continue to function.
And I think I can put your mind at ease about some of these issues as we discuss those standards.
The key issue before you, and I don't really have a recommended -- or a stated objection to the staff recommendation,
but let me kind of point you to the exhibit here on the visualizer.
And what we1ve done is we -- we actually had to go out and take some on-site measurements to figure out what it is we
have.
One of the basic issues is a fire code requirement that there be 10 feet between principal structures. The good news is
that has not been violated in the park, it's part of their rules. We have no problem applying that standard.
The trickier standard is what about the accessory structures that are attached to the principal structure, how close can
they be to each other?
In your packet you'll see there's a reference in fire code to three feet. Well, what we found out going through the park is
the closest consistent measurement we had was five-and-a-half feet. In other words, there were no accessory structures that were
closer than five-and-a-half feet to each other. Or in the case of a carport being added onto a mobile home, there was no less than
five-and-a-half feet between that carport and the next door mobile home.
So that's a standard that had been carried throughout the park and does not appear to have any conflict with fire code.
So we were comfortable in those numbers.
And so what we've proposed basically is -- and this was an exhibit that was intended to clear things up a little bit, but
I'm not sure we did by its inclusion.
But the intent here is that within the park, if we establish a minimum seven-foot front setback to the edge of the
roadway, an eight-foot rear yard distance between structures, again which is consistent with fire code, a five-and-a-halffoot
separation between accessory structures or an accessory and a principal, and then a 10-foot separation from principal to principal,
we have met fire code, we have established a set ofmles and regulations that allows the park to continue operating as it has for 38
years, and quite honestly we can now at least answer the question is that shed or addition legal or illegal, which right now we can't
really do.
That's the entire basis for this being here. Absent these standards being approved or stricter standards than this being
approved, we will in effect create a rampant non-conformity situation within the park, which I think if you can imagine going back
and looking for 38 years of building pennits, would be a nightmare.
So if we can comply with fire code and we can adopt standards that now will be on the county's books, not just
internally within the park, so that investigations can be made and completed if someone should build a structure illegally and what
the building separation should be, that's the whole purpose for this application and why we're before you here today.
CHAIRMAN STRAIN: Okay, questions?
Mr. Murray?
COMMISSIONER MURRAY: I have to acknowledge that I'm a little slow here on this. If we have a requirement for a
10-foot minimum between structures, in that rear yard area you have eight feet. Those are principal structures separated by each
other? I'm looking at the visualizer.
MR. HANCOCK: They are. But the fire code actually culls out a separate requirement between the rear of the principal
structures of eight feet. And it is in your packet.
COMMISSIONER MURRAY: Yeah, I understand. What I'm getting at-- I struggled with this when I read it. I
wondered. And it seems to me if you're trying to establish a fire line, if you will, a space so that fire doesn't jump as quickly, you'd
want to do that all the way around.
I realize the implications of what I'm saying, I assure you. I remember another mobile home park that we had down
there.
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But I'm just wondering, in some of the setback areas you want a seven-foot minimum in certain circumstances and an
eight in another.
Geometry won't work if we were to go to 10 foot all arotmd, would it?
MR. HANCOCK: No, sir, it creates a massive non-conformity. And where I don't think it's necessary is a seven-foot
front yard setback from the edge of the roadway, the pavement, you still have a 20-foot wide drive there. So you're dealing with a
34-foot separation between the front of a mobile home and the front of another mobile home. So that's an excessive standard.
And the rear standard, we comply with fIre code at eight feel, so I felt that that criteria was being met.
COMMISSIONER MURRAY: As long as you comply. I have no objections if you comply. I know that if these things
ever do go on fire, they go like the devil.
MR. BELLOWS: For the record, Ray Bellows.
I do have a concern here. The process is for a nonconfonning use alteration, meaning this is a preexisting already
nonconforming mobile home park.
The process isn't creating a zoning district with setbacks. We're not approving setbacks for this process, we're just
allowing and deeming -- and putting on record we recognize this is a nonconforming mobile home park.
However, we would like to see the nonconforming mobile home park be able to improve dilapidated trailers where
currently the building departtnent would not allow for a replacement trailer because it is a nonconforming park. And under the
current LDC requirements for non-conformities, it would not be allowed to do so.
The nonconforming use alteration allows for the replacement of trailers, subject to approval and consistency with the
fire code. That is why we tailored the stipulations to be consistent with the fire code.
We're not approving setbacks with this process.
CHAIRMAN STRAIN: Would the improvements that would be applied for be subject to new codes and updated to
new codes? Just for the improvements?
MR. BELLOWS: Fire codes?
CHAIRMAN STRAIN: Any code. Ifthey came in with an improvement to add an addition, would their addition be
subject to the new hurricane standards, the strapping, the attachments, all the other good things that are --
MR. BELLOWS: Through the building departtnent, yes.
CHAIRMAN STRAIN: Okay. So it would be an improvement overall to the public if this place made improvements
and they were allowed to make improvements, because they would be consistent to the newer, more modem codes.
MR. BELLOWS: Yes. And that would also include meeting fire codes.
CHAIRMAN STRAIN: Right, I know. I just want to -- I want to make sure.
Any other questions?
Mr. Schiffer, then Mr. Koltlat.
COMMISSIONER SCHIFFER: Tim, looking at the sketch that's up there and the requirements ofNFPA 501A, they
don't match.
So in other words, for example, side to side in 50 I A is 10 feet. You have side to sides at five-and-a-halffeet.
MR. HANCOCK: Yes, sir. And that's why -- that was the purpose for my clarification. 10 feet for the principal
structure. 4.2.1.1 of 501A states that no portion of a manufactured home, excluding the tongue, shall be located closer than 10 feet
side to side, eight feet end to side or six feet end to end from any other manufactured home or community building.
The differentiation is -- and this is why I think the recommendation in the staff report is not entirely clear -- is the
mobile home separation must be 10 feet side to side, but the distance from an accessory structure to a mobile home, we're listing
at 5.5 feet. Under NFP A 50 I A, if you look at 4.4.1 , it states that such buildings or structures are not less than three feet from an
accessory building or structure.
Now, it says on an adjacent site. Again, we don't have sites, we're instead inserting from one building to the next.
So when I say it is my opinion, when you look at NFP A, that the mobile homes are no closer than 10 feet to each other.
The accessory structures, as I read it under 4.4.1, could be three feet apart, yet we're showing 5.5, because that's the standard that's
been applied in the park. So in essence we would exceed that standard.
COMMISSIONER SCHIFFER: Now we don't really define what an accessory structure is. Neither does NFPA,
unfortunately. Would you consider, for example, the typical sunroom on the side ofa trailer, is that an accessory structure?
MR. HANCOCK: Yes, sir.
COMMISSIONER SCHIFFER: Okay. I think you're right.
So everything you want to do is really meet this standard. I think one thing I would do is, in here you use the word fIre
codes a lot. I would -- instead ofthat, I would refer to NFP A 50 I A and the 2000 edition. The future editions have eliminated
these requirements and have gone straight to building codes. You don't want to go there.
So I would specify exactly this edition and not use the word fIre codes, use the word as per NFP A 50 I A.
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~e~ember 18, 2008
MR. HANCOCK: I will absolutely agree to that inclusion that the references shall be to the 2000 edition ofNFP A
50 I-A when referring to any fIre related requirements.
COMMISSIONER SCHIFFER: And there's no dash, it'sjust50JA.
MR. HANCOCK: Again, corrected.
COMMISSIONER SCHIFFER: And I think that's the best thing you can do. I give you credit for being able to fmd a
standard, a contemporary standard even that establishes these requirements.
MR. HANCOCK: This was actually contained. The NFP A were put in by -- at least made available by staff, so I have to
give Nancy credit for making thern available. I just read them.
CHAIRMAN STRAIN: Mr. Kolflat?
COMMISSIONER KOLFLA T: Yes, in the report it states any other setback requirements for principal structures
internal to the project site are matters addressed by the mobile home park management or the cooperative.
How do they administer that? Do they have a committee that reviews this or is it one person, or how is it done?
MR. HANCOCK: They actually have written standards. However, that is the current condition, Commissioner Kolflat.
What will happen now is those standards will be revised to incorporate the standards that we are proceeding forward
with today.
So not only will the county have those standards, much like you have an HOA document, before a mobile home can be
replaced they have to go through an internal committee there in the co-op, which is required under the co-op rules. And it has to
be approved based on these standards.
COMMISSIONER KOLFLA T: All right, your exhibit, attachment number two, do you have a copy of that?
MR. HANCOCK: Yes. The attachment two in the staff report, sir?
COMMISSIONER KOLFLAT: Yes.
Now, this big road here, the main road is a rather heavy traffic road, I assume. It looks like a main road there.
MR. HANCOCK: Barefoot Williams Road, it is a higher capacity than in the roads within the park, yes, sir.
COMMISSIONER KOLFLA T: But the setback is no greater there than it is on the secondary roads, 10 feet. Is there
any reason that the setback for that road because of possible traffic should be greater?
MR. HANCOCK: Actually, sir, the setbacks along Barefoot Williams Road are governed by the Land Development
Code. Those are true setbacks. What we are proposing today are the internal controls which relates to distance between structures.
So along Barefoot Williams Road, the external project setbacks do apply.
CHAIRMAN STRAIN: And you meet all those, right?
MR. HANCOCK: Yes, sir.
COMMISSIONER KOLFLA T: They do on that road rather tban the property lineo I thought they didn't apply to the
property line.
MR. HANCOCK: I'll be honest with you, I don't -- I cannot tell you whether they do or don't. We did not specifically
look at that.
COMMISSIONER KOLFLA T: Well, my only concern was is that a heavier traffic road, possibly a greater setback
might be warranted.
MR. HANCOCK: Well, sir, the problem we have is that a greater setback in essence, because park models have not
gotten shorter, a greater setback makes the home irreplaceable.
In other words, you're done. When what you're living in gets to a point of no longer being able to use it, you cannot
replace it if you increase the setback off Barefoot Williams Road.
CHAIRMAN STRAIN: But maybe to get to Mr. Kolflat's point, do any of the standards you're asking for today impact
those homes from the front setback of Barefoot Williams Road?
MR. HANCOCK: No, sir. They only apply to distance between structures of the adjacent structures internal to the
property.
COMMISSIONER KOLFLA T: All right, then. Could you look farther on this sketch here. Right about the middle point
there is a horizontal road that runs there. Can you see that where it has some notations on the end of the road?
MR. HANCOCK: Yes, I believe that's Abilene Trail.
COMMISSIONER KOLFLA T: Yes. And that's dead-ended there. See the road dead-ends there?
MR. HANCOCK: Yes, sir.
COMMISSIONER KOLFLA T: Whereas the other roads have a circular path. If a fire truck was to go down there,
there's no space for that fire truck to turn around if it made a mistake in going in the wrong road.
MR. HANCOCK: That's correct.
COMMISSIONER KOLFLA T: Shouldn't there be some method that that fire truck could make a twn there and come
back if it had to?
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MR. HANCOCK: The only way you can do that, sir, would be to obliterate the units that are at the end of the roadway.
Again, this is 38 years old. This is not a new project where you're starting from scratch. And there's certain things that
you're unable to retrofit, and that's why this is a non-conforming use change.
In order to put a 1 OO-foot wide lwnaround to meet current Land Development Code at the end of that street, it would
eliminate between four and six mobile home sites, which I do not believe this county has the authority to do.
COMMISSIONER KOLFLA T: But isn't that a fire safety consideration that should possibly be looked at?
MR. HANCOCK: It may be looked at till the cows come home, but there's nothing we can do about it unless we
eliminate the units at the end ofthat roadway.
CHAIRMAN STRAIN: When this was built 38 years ago, was that road one of the approved improvements on the
property?
I mean, basically what Mr. Koltlat's trying to do is bring it up to today's standards, which I understand.
But unfortunately a building built 38 years ago, you're subject to the standards at the time they were built. And I'm just
wondering if that was a standard then that you violated 38 years ago.
MR. HANCOCK: No, the standard for 100-foot cul-de-sacs on dead-end roads didn't exist 38 years ago.
CHAIRMAN STRAIN: And that's probably -- Tor, that's probably the difference that we're dealing with today. This is a
much older project that came under the rules at the time.
And the issue they're in here for today isn't an issue of that nature. It's basically--
COMMISSIONER KOLFLA T: Something we can't do anything about then.
CHAIRMAN STRAIN: No, sir. We wouldn't be able to.
COMMISSIONER KOLFLA T: Okay. On your evaluation criteria, Mr. Hancock, I had another question. Item two
relative to the height, the building height, you say that the existing beight conditions are what will prevail.
MR. HANCOCK: Yes, sir. We're not requesting or asking for any change in the existing height permitted in the mobile
home district.
COMMISSIONER KOLFLA T: But the mobile home district identifies it as 30 feet. Why don't we just say 30 feet
instead of existing conditions.
MR. HANCOCK: This is a straight zoning project, and mobile home has a height defined in the Land Development
Code, so it's already defmed.
What I was doing is trying to answer the question that we're not requesting any relief or the ability to exceed what is
currently in the Land Deve]opment Code for building height.
COMMISSIONER KOLFLA T: I just thought 30 feet might be more definitive than existing, but it's not a major point.
MR. HANCOCK: No, sir. I think the Land Development Code adequately covers the permitted building height for
mobile home zoning.
COMMISSIONER KOLFLA T: Thank you.
MR. HANCOCK: Yes, sir.
CHAIRMAN STRAIN: Anything else, Mr. Koltlat?
COMMISSIONER KOLFLA T: No, thank you.
CHAIRMAN STRAIN: Okay, any other comments or any questions of the applicant from the planning commission?
(No response.)
CHAIRMAN STRAIN: Okay, is there a presentation by county staff?
MS. GUNDLACH: Good afternoon, Conunissioners. Staff has reviewed this mobile home petition, and it is consistent
with the Growth Management Plan, and it is recommending approval.
And it's subjected to the following conditions that the number of units not be increased. There are currently 368 units or
leased sites at the Hitching Post.
And number two, all principal structures must maintain the minimwn of I 0 feet.
And three, all accessory structures are to comply with, and I'm going to change the word per Commissioner Schiffer's
request, as per NFPA 50]-A.
MR. KLA TZKOW: No dash.
CHAIRMAN STRAIN: Of the addition that Mr. Schiffer referenced, which I think is this year's edition; is that correct,
Brad?
COMMISS10NER CARON: 2000.
COMMISSIONER MURRAY: 2000.
CHAIRMAN STRAIN: 2000 edition.
MS. GUNDLACH: Okay, thank you, Commissioner.
COMMISSIONER MURRAY: No dash.
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September ] 8, 2008
CHAIRMAN STRAIN: Okay. Any questions of staff'?
(No response.)
CHAIRMAN STRAIN: Okay, Ray, I can see there are a lot of public speakers. Can you start calling them.
MR. BELLOWS: No speakers.
CHAIRMAN STRAIN: Tim, you can chance a rebuttal, if you'd like.
But with that, we'll close the public hearing and entertain a motion. Is there a motion"
Mr. Schiffer?
COMMISSIONER SCHIFFER: I'll move to approve.
CHAIRMAN STRAIN: Motion subject to the change reconunended by staff'?
COMMISSIONER SCHIFFER: Correct.
CHAIRMAN STRAIN: Which tailored yours, and staffreconunendations.
COMMISSIONER SCHIFFER: Yes.
CHAIRMAN STRAIN: Is there a second--
COMMISSIONER MURRAY: I second.
CHAIRMAN STRAIN: Seconded by Mr. Murray.
Discussion?
(No response.)
CHAIRMAN STRAIN: All in favor, signifY by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER KOLFLA T: Aye.
CHAIRMAN STRAIN: Aye.
Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries, 7-0. Thank you, Nancy.
MS. GUNDLACH: Thank you, Conunissioners.
CHAIRMAN STRAIN: There is no old business listed on our agenda.
There is no new business listed.
There is no public comment because no public's left.
Is there a motion to adjourn so we can reconvene another meeting?
COMMISSIONER CARON: So moved.
COMMISSIONER MIDNEY: So moved.
CHAIRMAN STRAIN: Motion made by Ms. Caron, seconded by Mr. Midney. All in favor, signifY by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER KOLFLA T: Aye.
CHAIRMAN STRAIN: Aye.
Motion carries.
Okay, welcome everybody to the Collier County Planning Commission meeting ofthe Land Development Code 2008
Cycle One.
Is there a motion to adjourn this meeting and continue it to Friday at 8:30 on the 26th ofthis month in this room?
COMMISSIONER MURRA Y: So moved.
CHAIRMAN STRAIN: Motion made to continue to the 26th in this room at 8:30 in the morning.
Is there a second?
COMMISSIONER KOLFLAT: Second.
CHAIRMAN STRAIN: Second made by Commissioner Kolf1at.
All those in favor, signifY by saying aye.
COMMISSIONER SCHIFFER: Aye.
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September 18, 2008
COMMISSIONER CARON: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER KOLFLAT: Aye.
CHAIRMAN STRAIN: Aye.
Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Okay, so we're continued, we're
adjourned, we're out of here. Thank you everyone.
*****
There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 3:58 p.m.
MARK
These minutes approved by the Board on _ I { r {" .' 0 r-
corrected
, as presented V--
or as
TRANSCRIPT PREPARED ON BEHALF OF GREGORY
NOTTINGHAM
COURT REPORTING SERVICE, INC. BY CHERIE'
Page 91
16:;t'lA V5
October 8, 2008
MINUTES OF THE MEETING OF THE COLLIER COUNTY
DEVELOPMENT SERVICES ADVISORY COMMITTEE
Fiala
Naples, Florida, October 8, 2008 Halas
Henning
Coyle v
Coletta -4[ L/'
LET IT BE REMEMBERED, that the Collier County Development Services
Advisory Committee in and for the County of Collier, having conducted business
herein, met on this date at 3:30 P,M, in REGULAR SESSION in Conference
Room #610 in the Collier County Community Development and Environmental
Services Center, 2800 N, Horseshoe Drive, Naples, Florida, with the following
members present:
CHAIRMAN: William Varian
Charles Abbott
James Boughton
Clay Brooker
Laura Spurgeon Dejohn
Dalas Disney
David Dunnavant
Marco Espinar
Blair Foley
George Hermanson
Reed Jarvi
Thomas Masters
Robert Mulhere
Mario Valle
ALSO PRESENT:
Joe Schmitt, Administrator, COES
Judy I'uig, Operations Analyst, COES
Bob Dunn, Director, Bldg. Review & Permitting
Bill Lorenz, Director, Engineering & Environmental Services
Nick Casalanguida, Transportation Dcpt.
Mitch Riley, ROW Manager
Pam Lulich, Landscaping Supervisor
Michael Osorio, Contractor Licensing
Mise Corres:
::\
Datel2.:.b-l-~_
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...
October 8, 2008
I. Call to Order
The meeting was called to order at 3:32 PM by Chairman William Varian.
A quorum was established,
II. Approval of Agenda
Blair Foley moved to approve the Agenda. Second by Thomas Masters. Carried
unanimously, 12-0.
III. Approval of Minutes
Thomas Masters moved to approve the Minutes of September 3, 2008 as presented.
Second by Reed Jarvi. Carried unanimously, /2-0.
(3:35PM - Clay Brooker arrived.)
IV. Staff AnnouncementslUpdates
B. Transportation Division Update
Nick Casalanguida stated:
. County may file a lawsuit against the State/FDOT regarding Alligator Alley lease
proposal; the County Attorney's office has requested a record search
. DOT released its long-range transportation plan and Collier County is scheduled
to receive $1 OM
. Return on cquity share of gas tax is less than y, % to Collier County
. Lee County is to received $500M
. MPO Meeting is scheduled for Friday with DOT representatives and he suggested
DSAC members attend
Discussion ensued concerning why Collier County did not receive as much funding as
other Counties. $2.4Billion has been allocated to District I.
He suggested drafting a DSAC Position Statement and forwarding it to the MPO, the
State Secretary of Transportation, and the District 1 Secretary. He encouraged
members to write individual letters concerning the lack of fairness in funding
distribution.
It was noted Collier County did not attend the Alligator Alley lease informational
meeting sponsored by FDOT.
. Budget cuts have etTected road maintenance; manpower is not available for
mowing; report problem areas to Transportation Department
. Oilwell Road is not permitted and is not going forward until TRIP program
Becomes active and funding is available in June, 2009
. COA Administrative Proeedures - a summary is being prepared and will be
presented to DSAC at a future meeting
(3:50 PM - David Dunnavant arrived)
A. CDES Update
.Joe Schmitt stated:
. Most of the LDC Amendments have been finalized for this Cycle and will he
presented to the BCC on October 20th
. Six amendments concerning cnvironmental issues will be reviewed in Cycle 2
2
161'1 A
October 8, 2008
5
-
. Storm water Preserve Amendments will be re-written; definitions and language
have been a problem; more specificity will clarify confusion
. Task force will be set up (EAR-based and EIS); assistance is welcome
. BCC asked CDES to evaluate financial impact of changing set backs for pool
pumps, AlC, well pumps in side yards - will be reviewed during next LDC Cycle
Discussion concerned the potential impact to Golden Gate Estates with older homes
on smaller lots, Also mentioned was that the new AlC units/equipment on the rnarket
have greatly reduced noise level.
. Personnel changes are pending
C. Public Utilities/Engineering Division Update - Phil Gramatges
No report.
A request was made to add the topic of water surcharge bills to the November
Agenda.
D. Fire Review Update
Ed Riley stated his department preformed 760 reviews last month. First approval
percentages were up, Staff has been able to call contractors when items were missing
from the applications,
VI. New Business
B. Review and recommend for appointment (2) applications submitted to serve on
the DSAC board
Robert Mulhere moved to accept the application of Reid Schermer to fill the
current DSAC vacancy and to recommend approval to the BCe. Second by David
Dunnavant. Carried unanimously, 14-0.
V. Old Business
A. ROW handbook - Transportation (Mitch Riley & Palm Lulich)
Nick Casalanguida introduced Mitch Riley, ROW Manager, and Pam Lulich,
Landscaping Supervisor. The ROW Handbook has been separated into two
sections - Construction Standards and Landseaping Standards. Drafts of both
documents were distributed,
The.lallowing changes were suggested to the Construction Standards:
. Two handbooks will allow for easier updating
. Definition of "Right of Way" was disputed
. Page 2, S(b), replacement vs, reimbursement - "replacemcnt" of disposed
plant materials and reimburscment for new required piping
. Page 4, D(S) -language concerning BCC to be reviewed
. Page 10, subparagraph (c) should be reviewed - voids injack and bore casings
should not bc filled
. Pages 9/1 0, 2(a) -- 36 inches minimum vs. 48 for landscaping - clarification was
suggestcd either direclional bore or jack and bore
. Page II, (c) - suggcsted using steel platcs as an alternative to backfilling open
cuts in asphalt roadway
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October 8, 2008
. Page 13, (f) - Separate paragraph into two sentences: the first sentence will end
at "day" and the second sentence will start at "For."
. Page] 5, remove "all" from Separate Turn Lane Requirements; on-site construction
requirements should be referenced; change "lane" to "lane(s)"
. Page] 5, under ''Two Lane Roadways" - revise language in (I) and (2) - "Left
turn lanes must be provided whenever the left turn volumes movement is 20
vehicles or more" and "Right turn" for 40 vehicles or more
. Page 15, change Conditions from "Pre-Existing" to "Existing"
. Page] 6, Items 2, 3 and 4 could be combined
. Page ]6, (b) - check DOT requirement for driveway - 16 feet, not 24
. Page] 9, (c) - revise requirements/language -lime rock is included
. Page 20, #6 - possibly move to another portion - does not pertain to ROW
(4.45 PM - Dalas Disney left)
. Page 23, #7 - remove "already" from sentence
. Page 40 - suggest matching language to LDC
· Page 42, C. - "Underground Utility Accommodations" should be located in the
permit section
. Definitions should include "throat lengths"
Thomas Masters moved to approve the Constructions Standards Handbook as
amended. Second by George Hermanson. Carried unanimously, 13-0.
· The Landscaping Standards Handbook will be reviewed at a later date.
VI. New Business
A. The Fire Review Task Force (Items 1 - 5) will be moved to the November Agenda,
VII. Committee Member Comments
A. The review process and environmental review
Chairman Varian asked if the in-house Environmental Review process could be
revised and streamlined.
Bill Lorenz suggested splitting the permit documents to be reviewed concurrently by
the different departments.
Reviews are done by:
. Planning/Zoning
. Environmental
. Architcctural
. Engineering
. Structural
Thc currcnt process is sequcntial. Four sets of plans are submitted for commercial
projects. It was suggested the County could require that additional sets are submitted
at application,
4
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c.
October 8, 2008
J
Bob Dunn stated the plans are usually kept intact but one set is sent to Fire Review.
He stated he will review the existing policy and return with recommendations.
(5:05 PM - Rohert Mulhere leji)
B. Staffing in the contractor licensing department
Chairman Varian stated there were concerns in the industry from licensed
contractors that, due to staffing restrictions, "handymen" are being issued
occupational licenses and are soliciting work they are not licensed to do. The
monitoring of these licenses is the issue.
Joe Schmitt stated one position was frozen. He suggested writing the BCC to
request activating the frozen position, Fund #113 has some funds available currently,
Michael Ossorio, Contractor Licensing, stated the handyman category allows a
licensee to perform work where the final cost is $1,000.00 or under.
Discussion ensued concerning how to police and enforce the restrictions,
. Code Enforcement has only three investigators at the moment.
. Also suggested: an in-service with Building Inspectors and Code Enforcement.
. Trade groups need to self-police
When questioned regarding future lay-offs of Staff, Joe Schmitt stated there is a
possibility of further reductions in January, 2009.
. It was suggested that a reduction of Impact Fees would help to revive the building
industry.
. The building industry could approach the BCC for a stimulus package with
reduction of fees
. The AUIR will be brought to the BCC
. 61-G Reviews - an unfunded mandate - funds must be found to support Staff
performing reviews
Chairman Varian stated he was invited to speak at a luncheon for the League of
Women Voters in November to explain what DSAC does for the community.
Joe Schmitt stated the Mayor of Fort Myers Beach contacted the BCC asking for
building plan review and inspection assistance, This is a potential revenue generating
opportunity but it could also impact Staff flexibility since at least one person will be
traveling back and forth.
DSAC Meeting Dates:
. November 5, 2008 at 3:30 PM
. December 3, 2008 at 3:30 PM
. January 7,2009 at 3:30 PM
. February 4, 2009 at 3:30 I'M
. March 4,2009 at 3:30 PM
5
16/1 A 5
October 8, 2008
There being no further business for the good of the County, the meeting was adjourned by
order of the Chairman at 5:30 PM.
DEVELOPMENT SERVICES
ADVISORY COMMITTEE
(^;J~
William Varian, Chairman
These Minutes wer
as presented
pproved by the Board/Committee on ~15,(cg
, or as amended .
6
16TIA 6
September 3, 2008
MINUTES OF THE MEETING OF THE COLLIER COUNTY
ENVIRONMENTAL ADVISORY COUNCFlala ,OF,
Halas
Naples, Florida, September 3, 2008 Henning
Coyle
Coletta ~/
LET IT BE REMEMBERED, that the Collier County Environmental
Advisory Council in and for the County of Collier, having conducted
business herein, met on this date at 9:00 AM in REGULAR SESSION at
Building "F" of the Govemment Complex, Naples, Florida, with the
following members present:
CHAIRMAN: William Hughes
VICE CHAIRMAN: Dr. Judith Hushon (Excused)
Noah Standridge
David Bishof
Nick Penniman (Excused)
Michael V. Sorrell
Dr. L1ew Williams (Excused)
Paul Lehmann
Quin Kurth
ALSO PRESENT: Steve Williams, Assistant County Attorney
Susan Mason, Principal Environmental Specialist
Stan Chrzanowski, PE, Engineering Manager
Summer Brown-Araque, Sr. Environmentalist Specialist
Barbara Burgeson, Principal Environmental Specialist
Chris D'Arco, Environmental Specialist
MISe. Caffes
Date [?, -O~-~
'(pry, ~tlo 1(0
ENVIRONMENTAL ADVISORY COUNCIL
AGENDA
September 3, 2006
9:00 A,M,
Commission Boardroom
W. Harmon Turner Building (Building "F") - Third Floor
PACKETS WERE SENT OUT WITH lAST MONTH'S AGENDA
161-1 A
'6
I. Call to Order
II. Roll Call
III, Approval of Agenda
IV, Approval of July 2, 2008 meeting minutes
V, Upcoming Environmental Advisory Council Absences
VI. land Use Petitions
A. Site Development Plan No, SDP-2007-AR 12003
Gridley Medical Center SOP
Section 33, Township 50 South, Range 26 East
B, Environmental Impact Statement- EIS- 2007-AR-12622
Willow Run Quarry EIS
Sections 11-14, Township 50 South, Range 26 East
VII. New Business
VIII. Old Business
A. Update members on projects
IX, Subcommittee Reports
X, Staff Comments
A. CCPC and BCC staff reports - Discussion of sending to EAC
XL Council Member Comments
XII. Public Comments
XIII. Adjournment
..*.............._._-*...._...........*.._*-*..***.*..*........*.*.
Council Members: Please notify Summer Araaue. Environmental Services Senior Environmental
Specialist no later than 5:00 p,m, on August 28. 2008 if vou cannot attend this meeting or if vou
have a conflict and will abstain from voting on a petllion 1252-62901,
General Public 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 proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be based.
161 114 6
September 3, 2008
I. Call to Order
Chairman Hughes called the meeting to order at 9:00AM.
II. Roll Call
Roll call was taken and a quorum was established,
III. Approval of Agenda
Mr. Bis/lOf moved to approve the agenda. Second by Mr. Lehmann. Carried
unanimously 6-0.
IV. Approval of July 2, 2008 meeting miuutes
Mr. Sorrell moved to approve the minutes of the July 2,2008 meeting. Second by
Mr. Bisho/. Carried unanimously 6-0.
Chairman Hughes noted at iast months Planning Commission meeting, some
members of the Environmental Engineering Staff stated all the proposed Land
Development Code (LDC) changes had been reviewed by the Environmental
Advisory Council, which was not an entirely accurate statement. Due to the lack of a
quorum for the August Environmental Advisory Council meeting, the Council was
unable to review the final drafts of the LDC changes.
V. Upcoming Environmental Advisory Council Absences
Chairman Hnghes addressed the Council Members stressing the importance of being
present for Environmental Advisory Council meetings, The August meeting was
cancelled due to a lack of a quorum, which caused unnecessary costs and
inconvenience to all parties involved. He noted he has been lenient in members not
being present due to the quality of the individual members, and recognizes serving on
the Council is voluntary and honorable, however in the future will be more stringent
regarding members being declared "excused" or "absent." He will provide a memo
regarding this issue to all Council mernbers.
Summer Brown- Araque, Sr. Environmental Specialist reviewed the Advisory
Committee Absence policy noting 2 absences or more (by a member) empowers the
Chairman to have a member removed from a Board ifhe so chooses,
VI. Land Use Petitions
A. Site Development Plan No. SDP-2007-AR 12003
Gridley Medical Center SDP
Section 33, Township 50 South, Range 26 East
The presenters were sworn in
Chairman Hughes fonnerly apologized to the applicants for last months delay (due
to a lack of a quorum,)
2
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September 3, 2008
Alicia Lewis of Boylan Environmental Consultants rcpresented the Applicant and
stated she has previously been registered as a lobbyist in Collicr County, She
provided an overview of the project noting the following:
. The project is approximately 300 feet north ofthe intersection of Collier
Blvd and US 41 across from Lely Resort Blvd.
. A majority of the lands are disturbed with the remaining infested with
exotic vegetation.
. The two areas of wetlands on the property were evaluated and the impacts
on them were permitted by South Florida Water Managernent District on
1/08/08 (permit #11-02802-P) and the Anny Corps of Engineers on
7/29/08 (permit # SAJ 20074314 SP-BAL.)
. The pemlits require mitigation credits for impacts on the wetlands (0,36
credits at Panthcr Island Mitigation Bank and 0.53 crcdits at Big Cypress
Mitigation Bank.) The credits have been purchased,
. The Control Elevation for the site was sct at 4.7' NGVD
. The project provides for a 0.37 acre preserve to be replanted as a mixed
hardwood area for hydrologic maintenance purposes,
. The preserve will be treated for Category I and 2 exotics into perpetuity.
. There were 4 active gopher t0l1oise burrows observed within the disturbed
area of the project. The tortoises are to be re-Iocated outside Collier County
in accordance with Florida Fish and Wildlife Conservation Commission
permit #WR08229.
. The Army Corps of Engineers pennit requires signage on-site during
construction protecting any Indigo Snakes encountered,
. The Wood Stork and Florida Panther impacts were mitigated by the off site
mitigation requirements.
Michael Herrera, Q Grady Minor Associates P.A., consultant for the applicant
addressed the Council on the details of the site plan noting the following:
. It has a .15 CFS (cubic feet per second) allowable discharge rate
discharging southeasterly to the C-4 Collier County drainage canal.
. The surface water rnanagement system is a "dry system."
. The Control Elevation was established via previous pennit data on an
adjacent project and con finned by on-site hydrological indicators.
. The total acreage of the site is 3.56 acres and the onsite preserve is not
within the surface water rnanagement system.
A discussion ensued regarding the feasibility of re-locating Gopher Tortoises within
developed sites or in closer proximity to the projects proposed (within Collier
County,) It was noted that the cost to re-locate the two subject Gopher Tortoises is
approximately $50,000
It was suggested Staff review policies in this area to determine if there are more
feasible options of allowing the TOl10ises to remain within Collier County (Pepper
Ranch, etc.)
3
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It was noted the areas approved for re-Iocation within Collier County may have
reached capacity.
Chris D' Arco, Environmental Specialist stated the Bear Management Plan has been
submitted and shown on the site plans.
Mr. Sorrell moved to approve the Application (Site Development Plan No. SDP-
2007-AR l2003 Gridley Medical Center SDP.) Second by Mr. Kurth. Carried
unanimollsly 6-0.
B. Environmental Impact Statement - EIS - 2007 - AR -12622
Willow Run Quarry EIS
Section 11-14, Township 50 South, Range 26 East
The presenters were sworn in
Michael Delate, Q. Grady Minor and Associates, PA represented the Applicant
provided and overview of the application noting the following:
. The site is an existing rock quarry which has been in operation for 20
years,
. Request is for clearing an area for an expansion of use. The permission to
clear this area and related Environmental Impact Statement has expired,
. The Conditional Use permit is still valid for the mining operation in the
area.
. There is no off-site (Stormwater) discharge for the site as it is bermed
. All areas to be cleared are outside the Conservation Easement lands,
Maureen Bonness, Biologist and Natural Area Manager for the Applicant noted
the following:
. There is a successful ongoing on-site mitigation preserve as indicated by
the permittees
. The applicant has gone "above and beyond" the permit requirements with
controlled burns, a Gopher Tortoise recipient site, etc,
. The Gopher Tortoise recipient site is at capacity with the Quarry
continuing to operate,
. The site is a Red Cockated Woodpecker Safe Harbor area.
. Workshops are held on site regarding Gopher Tortoise Biology for
interested professionals,
. All the mitigation required has been completed.
. The area requested for clearing is approximately 26 acres infested with
Melaleuca.
. The reserve is adjacent to the Picayune State Forest.
. In clarification some of the clearing is within the Conservation Easement
lands.
. The borrow pit lake will be hydrologically connected to the preserve as
required by the State of Florida
4
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~)
September 3,2008
Mr, Bisbof expressed concem regarding the water quality (dissolved oxygen content,
etc.) of a borrow pit lake and its direct cOlmectivity to Preserve water.
Maureen Bonness noted the applicant has tested water quality in the past with "no
problems" (in thc water quality).
Clark Learning, Land Manager for Willow Run Trust stated they are required to
monitor water quality annually including dissolved oxygen, salinity; however no
dissolved oxygen profilc for the entirc 50 foot depth is conducted. He did not have
the results (on hand) of the dissolved oxygen content tests.
A discussion ensued regarding the Preservation Requirements of the Land
Development Code.
Maureen Bonness noted this applicant was required to provide a Native Preserve
Area equal to 15 percent of the "enlire site", as opposed to an area equal to 15 percent
of the "existing" native vegetation as required in the LDC. She expressed concern
that these Sections of the Land Development Code are not being implemented
properly,
Cbairman Hugbes noted the Environmental Advisory Council is a venue for appeals
if applicants feel they are not being treated fairly in the implementation of the Land
Development Code,
Mr. Bisbofrequested clarification on the status of the Gopher Tortoise Population.
Maureen Bonness provided the following estimates:
. 15 originally on sitc
. 56 Relocated to the site
. 180 burrows/80-90 tortoises estimated on site
. 45 acres of Gopher Tortoise habitat (2 tortoise per acre, the rnaximum per
acre allowed)
Michael Delate reviewed the status of the existing permits; and stated the rnining
permit is still valid and will not nccd a new review. The original permit to clear
vegetation in the area has expired and will need to be renewed,
Clark Learning noted that the entire Conservation Area and Preserve is reserved into
perpetuity. He noted the issue on Page 2 of the Staff Report regarding the
Conservation Easernent ("The CUrrent draft Conservation Easement submitted for the
project is not sufficient") is being addressed by the Applicant.
Cbris D'Arco, Environmental Specialist addressed the Native Vegetation
calculations for the project noting the (area equal to) 15% was based on the (total)
area prior to any clearing or mining operations. Any areas with exotics that qualified
for deductions could have been addressed at that time by the applicant. With regard
to the Rural Fringe Areas within the project, the area equal to 15 percent (of the entire
site) applies to that portion of the project.
Staff recommeflds approval of Eflviroflmefltal Impact Statemeflt - EIS-2007 AR-
12622 with the following conditio/ls (1-3):
5
16 I" 1 A 6
September 3, 2008
(1. A Florida Fish and Wildlife Conservation Commission rdocation permit shall be
obtained for a gopher tortoises (Gopherus Polyphernus) tound on site prior to the
proposed clearing activities and a copy shall be forwarded to staff.)
(2. Provide a report to the Environmental Services staff on the results of the
relocations of the gopher tortoises within thirty days of relocation, The report
must contain the following information: the nurnber ofhurrows excavated, the
number of tortoises relocated, and the final relocation site)
(3, All required preserve and listed species management plans will be incorporated as
part of the Vegetation Removal and amended Excavation Permits.)
He noted with condition numbers 1 and 2, a relocation permit was obtained and the
Report had been submitted by the applicant with the activities completed under FWC
(Florida Fish and Wildlife Conservation Commission) pemlit #GTRS-2008 4185 and
supervised by Ray Ashton.
Further, as required on page 5 (paragraph 2, line 16-18) of the Staff Report, the silt
fence was installed around isolated uplands to prevent re-entry by tortoises.
Mr. Lehmann requested this silt fence requirement be written into the permit.
Mr. Standridge moved to approve EIS 2007-AR-1l622 witll tlle/ollowing
stipulations:
1. The above referenced silt fence barrier language be writteu into the permit.
2. The Conservation Easement Language be considered and finalized before the
permit is issued.
3. AU of Staff comments (recommendations listed above).
Second by Mr. Bisllof. Carried unanimously 6-0.
Break: 10:OOAM
Reconvene: 10: lOAM
VII. New Business
Stan Chrzanowski, PE, Engineering Manager reported the following:
. The mining industry would like to make a presentation to the
Environmental Advisory Council (EAC) and requested staff and any
interested consultants be present. He will schedule this item for a future
meeting.
. New members are requested to individually contact staff to request maps or
documents necessary to perform their functions,
. County employees conducted field reviews during the aftermath of
Tropical Storm Fay to assess any drainage impacts that need to be
addressed.
. He will send out are-draft of the Ordinance dealing with re-certifications
of previously permitted Stormwater Management systems to EAC
rnernbers.
6
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6
Septcmbcr 3, 2008
Chairman Hughes requested a copy of Ihc Departmcnt of Environmental Protection
docurnentation regarding the recent fish kills in the Golden Gate Canal.
Stan Chrzanowski noted a majority of thc dcad fish wcrc Tilapia and could not bc
rcmoved from thc water by County Ordinance,
The Council directed Staff to review this policy and rccomrncnd any changes.
Mr. Standridge requested clarification on the issue of the previous application's
(Willow Run Quarry) Native Vegetation Requirements.
Susan Mason, Environmental Specialist stated she was surprised by the applicants
comment and the area equal to 15% of the entire site was based on the site in a pre-
developrnent status. If there were areas that qualified for exemptions (100%
Melaleuca), etc. it should have been reflected in the Environrnentallmpact Statement
for Staffs consideration. A portion of the project is in the Rural Fringe, since it is an
expansion to an existing project, the requirement is IS percent of the entire site as
opposed to 80 percent of the area in the Rural Fringe was applied to the calculations,
Mr. Standridge and Ms. Mason will review the application in an attempt to
determine the disparity between the applicant and Staff,
VIII, Old Business
A. Update members on projects
None
IX. Sub-Committee Reports
None
X, Staff Comments
Summer Brown-Araque noted there are no projects on the Planning Commission
Agendas that were reviewed by the Environmental Advisory Council (RAC). If there
is a case where the Planning Comrnission would hear applications of this type,
(applications prcviously heard by the EAC) the (Planning Commission) Staff Reports
will be emailed to the EAC members.
The Board of County Commissioners (BCC) Staff reports will be available for review
on line the Thursday before the following Tuesday meeting. She will send out the
BCC Agenda with a reminder regarding iterns on the Agenda and highlight the link
for the Staff Report for Council member's convenience.
The Planning Commission does receive the EAC Staff Report and a copy ofthe
Environmental Impact Statement. The Planning Commission Staff Report includes
the EAC vote and summary of the issues discussed by the EAC.
She recommended any information the EAC wants forwarded to the Planning
Commission be included in the motion for the specific application.
Chairman Hughes re-iterated the importance ofrnembers attending EAC rneetings
to ensure proper information is forwarded to the Planning Commission or other
necessary parties,
Xl, Council Member Comments
7
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Septcmber 3, 200S
Summer Brown-Araque reviewed the composition ofthc Environmental Advisory
Council:
. 9 members
. 2 alternates
. 5 members are rcquired for a quorum
. Currently 2 vacancies for permanent members
It was noted there will be a special Environmental Advisory Council (EAC) meeting
on November 12, 200S/or Rural Lands Stewardship Review.
Mr. Standridge will forward a draft of the updated policies for the Rural Lands
Stewardship to Summer Brown- Araque to distribute to the EAC members for review
XII. Public Comments
None
*****
There being no further business for the good ofthe County, the meeting was
adjourned by the order of the Chair at 10:46 AM.
COLLIER COUNTY ENVIRONMENTAL
ADVISORY COUNCI
ughes
These Minute7Pproved by the Board/Chairman on _f'OI!:i;- I J ~
as presented , or as amended .
8
1 A 6
October 1,2008
MINUTES OF THE MEETING OF THE COLLIER COUNTY
ENVIRONMENTAL ADVISORY COUN~kl.
Halas
Naples, Florida, October I, 2008 Henning
Coyle
Cole
LET IT BE REMEMBERED, that the Collier County Environmental
Advisory Council in and for the County of Collier, having conducted
business herein, met on this date at 9:00 AM in REGULAR SESSION at
Building "F" of the Government Complex, Naples, Florida, with the
following members present:
CHAIRMAN:
William Hughes
Dr. Judith Hushon (Excused)
Noah Standridge
David Bishof
Nick Penniman
Michael V, Sorrell
Dr. Llew Williams
Paul Lehmann
Quin Kurth
ALSO PRESENT:
Steve Williams, Assistant County Attorney
Susan Mason, Principal Environmental Specialist
Stan Chrzanowski, PE, Engineering Manager
Summer Araque, Sr. Environmentalist Specialist
Chris D' Arco, Environmental Specialist
JeffK1atzkow, County Attorney
Misc. COlfes:
Date:
1
\\em#._---
. :r,
ENVIRONMENTAL ADVISORY COUNCIL
AGENDA
October 1, 2008
9:00 A.M,
Commission Boardroom
W. Harmon Turner Building (Building "F") - Third Floor
1611 ;fj.
I. Call to Order
II. Roll Call
III, Approval of Agenda
IV, Approval of September 3, 2008 meeting minutes
V, Upcoming Environmental Advisory Council Absences
VI. Land Use Petitions
A. Site Development Plan No. SDP-2006 -AR 9022
Abercia South SOP
Section 33, Township 49 South, Range 26 East
B. Environmental Impact Statement- EIS- 2008-AR-13641
Magnolia Pond Residential Subdivision EIS
Section 33, Township 49 South, Range 26 East
VII. New Business
A. Sunshine Laws Presentation
VIII. Old Business
A. Update members on projects
IX. Subcommittee Reports
X. Staff Comments
XI. Council Member Comments
XII. Public Comments
XIII, Adjournment
*******************************************************************
Council Members: Please notify Summer Araaue. Environmental Services Senior
Environmental Specialist no later than 5:00 p.m. on September 25. 2008 if YOU cannot
attend this meetina or If YOU have a conflict and will abstain from votina on a petition 1530-
6290\,
General Public: 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 proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based.
1611
6
October 1,2008
I. Call to Order
Chairman Hnghes called the meeting to order at 9:00AM.
II. Roll Call
Roll call was taken and a quorum was established.
III. Approval of Agenda
Mr. Penniman moved to approve the agenda. Second by Mr. Lehmann. Carrkd
unanimously7-0.
IV.
,
VI.
Approval of September 3, 2008 meeting minutes
Dr. Williams moved to approve the minutes of the September 3,2008 meeting.
Second by Mr. Lehmann. Carried unanimously 7-0.
V,
Upcoming Environmental Advisory Council Absences
Steve Williams, Assistant County Attorney noted member participation via tele-
conference, requires a quorum be physically present and formally vote to allow the
participation,
Summer Araque, Environmental Specialist noted it was her understanding Mr.
Standridge will not be present for the December meeting.
Mr. Sorrell noted he is attempting to re-arrange his schedule to be present,
Land Use Petitions
A. Site Development Plan No. SDP-2006 -AR 9022
Abercia South SDP
Section 33, Township 49 South, Range 26 East
The presenters were sworn in.
B. Environmental Impact Statement- EIS- 2008-AR-13641
Magnolia Pond Residential Subdivision EIS
Section 33, Township 49 South, Range 26 East
Rae Anne Boylan of Boylan Environmental Consultants requested permission,
and it was granted by the Council, to address both items A, and B, simultaneously
as the projects are interrelated.
Mr, Standridge arrived at 9:10AM
She noted the following:
. She is the consultant for itern B. and Passarella & Associates are the
consultants for item A,
. The projects were originally in the same PUD, (Collier Blvd, Mixed Use
Commerce Center)
. The parcel is north ofI-75 and West of Collier Blvd
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· The site is 70,18 acres consisting of Pine Flatwoods areas with varying
degrees of exotic invasion,
. The site contains a 1.39 acre "poor quality" isolated wetland infested
with Melaleuca
· The only listed Species documented occupying the site are Gopher
Tortoises.
· The projects are presented together as it is an existing PUD which was
approved in November of2001 (pUD #00-16).
· The site plan was revised with the major change being the relocation of
the Preserve area to the western portion of the site which will incorporate
the major amount of gopher tortoise burrows and habitat. Pennits will
be obtained for re-locating the existing Tortoises to the on-site Preserve,
. There has been an Indigo Snake, Big Cypress Fox Squirrel and Black
Bear Management Plan prepared for the projects.
· The plan requires impacts to the wetland which will be mitigated off-site
via the Big Cypress or Panther Island Mitigation Bank as required by the
various Agencies.
A discussion ensued regarding the definition of "heavy equipment," which is
referenced in the Environmental Impact Statement and its relation to the statement
"it will not be utilized in clearing the Preserve."
Rae Ann Boylan stated "large machinery" will not be utilized in clearing the
Preserve, as the exotic removal will be completed "manually,"
Mr. Penniman requested clarification ifthe preserve is adequate size to
accommodate the Gopher Tortoises on site, the qualifications of the Consultant
(Boylan and Associates) for Managing the Preserve and an overview of the
Managernent functions.
Rae Ann Boylan noted the area is adequate in size, As the Preserve Manager,
she has a degree in Biology, a Master's degree in Environmental Engineering
Sciences and worked in this Region since 1982.
The procedures includes Consultants meeting with the contractor hired to perform
the work, ensure the silt fences are installed properly, review any chemicals
utilized and the oversight of the installation of any plantings, etc,
The Preserve is monitored via field reviews at least twice a year. Monitoring
reports are filed on an annual basis with any maintenance recommendations
forwarded to the landowner.
Mr. Bishof asked how the control elevation of 8.5' for the surface water
management system was established.
Jim Carr, Consultant for the landowner stated the elevation was established
utilizing determinations for surrounding projects. They were soil borings
completed in 8/07, which indicated 3-foot depth from ground to water table and
the elevation has been approved by the South Florida Water Management District
(SFWMD),
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16/1 tl 6
October I, 2008
Mr. Bishof expressed concern the SFWMD policy may be causing adverse
environmental impacts in the region,
Stan Chrzanowski, PE, Engineering Manager noted historically (15 - 20 years
ago), against the advice of Collier County, the SFWMD determined all the
projects in the region should drain north to the Golden Gate Canal, while the
existing topography in the region drains south. The existing (SFWMD) Staff are
now required to make decisions based on the historic determination and may be
the reason some of the Preserves in the region are functioning poorly,
Mr. Bishofnoted this determination is causing the draining of the wetlands in the
area and expressed a concern over its irnpact on the protection of wetlands and
water resources within the County.
Chairman Hughes agreed, but when this issue is raised, it is subsequently
brought to the attention of the Environmental Advisory Council that SFWMD
issues are not in their purview.
Chairman Hughes requested clarification if permits change of this nature, would
they come before the EAC for review in the future, If a Site Plan approval
expires or lapses, the previous conditions exist and may waive the requirement for
a new EAC hearing.
Susan Mason, Principal Environmental Specialist noted all the Land
Development Code changes have not been approved by the Planning Commission
as of yet, and the Council should review any latest versions of the proposed Land
Development Code Amendments on the Collier County website and provide input
as necessary.
Mr. Sorrell expressed concern that fees generated in Wildlife Preservation
($43M for Gopher Tortoise relocation) are not being re-invested into data
collection by various Agencies for the provision of accurately updated habitat
maps.
Rae Ann Boylan agreed and noted the data regarding Black Bear habitat in
Collier County is approximately 10 years old,
Mr. Sorrell noted the Florida Panther data provided is from 2005 and the data on
4 other species is 10 years old.
Mr. Bishof noted there is a website (provided by the Florida Fish and Wildlife
Conservation Commission) which provides updated Florida Panther data more
current than the information provided,
Rae Ann Boylan stated she has seen the most recent data, and there is no "Florida
Panther denning" on site. The information provided is data and not an official
map readily available in a public use format (it is data points requiring software
for interpretation and mapping),
Chris D' Arco, Environmental Specialist clarified no mechanical clearing is
allowed in Preserves and would ensure this is indicated in the Preserve
Management Plan,
4
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October I, 2008
Staff recommends approval of the project subject to the following conditions:
1) A FWCC relocation permit shall be obtained for those gopher tortoises that
are located within the development area to be relocated to the on-site native
preserve area on the residential portion of the PUD. The FWCC relocation
permit shall be obtained prior to the performance of any gopher tortoise related
activities and prior to commencement of any construction activities. Staff will
have the opportunity to inspect the recipient preserve prior to on-site relocation.
2) Please provide a report to the Environmental Services staff on the results of
the relocation of gopher tortoise within thirty days of relocation. Please provide
in the report the number of burrows excavated, the number of tortoises relocated,
and the final relocation site.
3) The SDP will not be approved until a copy of the SFWMD permit isforwarded
to environmental staff upon issuance and reviewed for consistency,
4) For SDP-2006-AR 9022, please provide the following:
A) The required primary and accessory preserve setbacks on the
site development plans,
B) Include the gopher tortoise relocation and Management Plan on
the front index of the Site Development Plans.
C) Provide the Florida Department of Transportation-Florida Land
Use Cover and Forms Classification (FLUCFS) descriptions on
sheet two of the Site Development Plans.
D) Provide a Florida Black Bear management plan on the site
plans.
Mr. Lehmann requested clarification if the exotic vegetation was to be removed
from the site into perpetuity.
Chris D' Areo stated this is a standard Code (Land Development Code)
requirement and would be indicated on the site plans.
Mr. Lehmann noted the word "please" should be removed from any of the
language contained in the above recommendations.
Chairman Hughes noted he met the landowner in the hall, but did not discuss the
project.
Mr. Penniman moved to recommend to the Planning Commission and Board of
County Commissioners approval of the 2 projects (Site Development Plan No.
SDP-2006 -AR 9022 Abercia South SDP Section 33, Township 49 South,
Range East and Environmental Impact Statement - EIS-2008-AR-13641,
Magnolia Pond Residential Subdivision EIS, Section 33, Township 49 South,
Range 26 East) subject to the word "please" be eliminated in the language in
5
6
October 1, 2008
the Staff recommendations (listed above). Second by Dr. Williams. Carried
unanimously 8-0.
Mr. Penniman noted the Conservancy of Southwest Florida and the Audubon
Society sponsored a carbon footprint audit for the City of Naples, which was
completed last summer and presented to the City of Naples, The audit determined the
City of Naples only utilizes 3 percent of the total energy consumed in the City, This
information was forwarded to the Natural Resources Manager of the City to take any
steps necessary to further reduce energy consumption,
Collier County Audubon and the Conservancy of Southwest Florida are considering
offering this opportunity to Collier County, He requested Environmental Advisory
Council feedback on the issue; the service would be provided at no cost to the
taxpayers,
Mr. Standridge move to recommend to the Board of County Commissioners the
Energy Audit be performed. Second by Chairman Hughes. Carried unanimously
8-0.
Mr. Standridge will draft a letter to be forwarded to necessary parties outlining the
official action.
Mr. Hughes moved to recommend a risk assessment be performed on the sea level
rise in relation to the developments in Collier County. Second by Dr. Williams.
Carried unanimously 8-0.
Chairman Hughes will submit a memo to (any necessary parties) regarding this
official action,
VII. New Business
A. Sunshine Laws Presentation
Jeff K1atzkow, County Attorney provided an overview on the requirements on
the Sunshine Law highlighting the following:
. Board meetings must be publicly noticed and minutes are required to be
taken,
. All Collier County Boards are subject to the Sunshine Law,
. It applies when two members of a Governing Board discuss an issue
that may come before the Board.
. Board members should not e-mail each other; questions should be
directed to Staff liaisons,
. One-way communication of an issue is allowed by a member; however
comments back from other members are prohibited. He recommended
this practice (one way communicating with members) be prohibited as
it may lead to problems (members inadvertently returning a comment,
etc.), Further, Staff may not act as an intermediary between comments,
. He recommended Board member not participate in "Blogs"
6
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1611
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October I, 2008
· Site inspections should be conducted alone, not with another member,
· For a member to participate by telephone, they must have an "extra-
ordinary circumstance", A member participating by phone may not be
counted toward the constitution of a quorum, For participation a
favorable vote of members constituting a quorum is required,
. Possible penalties for violations are imposition of fines and/or jail time.
. He recommended any member that has consulted or worked on an issue
that comes before a Board to disclose this fact. They may participate in
discussion, but may not vote. They are not required to leave the room
during the proceedings; however it may be advisable to avoid
perceptions of impropriety,
B. Election of new Chair and Vice-Chair
The officers of the EAC shall be a chairman and a vice-chairman. Officers'
terms shall be for 1 year, with eligihility for re-election. The chairman and
vice-chairman shall be selected by a majority vote at the organizations
meeting and thereafter at the first regular meeting of the EAC in October of
each year. The chairman shall preside at all meetings of the EAC. The vice-
chairman shall perform the duties of the chairman in the absence of
incapacity of the chairman.
Mr. Penniman moved to appoint William Hughes as Chairman and Dr. Judith
Hushon as Vice Chairman of the Environmental Advisory Council. Second by
Dr. Williams. Carried unanimously 8-0.
VIII. Old Business
A. Update members on projects
Summer Araque will re-submit the documentation regarding the Environmental
Advisory Council Mission Statement and place the item on next month's agenda.
A discussion ensued regarding the availability of current updated habitat species
maps and if any action should be taken by the EAC.
It was noted the information should contain historic compiled data, not just the
most recent data, Updated information is available on-line via State and/or
Federal Agencies,
It was noted the Developers might not be providing the most recent information
as indicated in the testimony today.
Summer Araque noted Staff could provide a presentation regarding the
parameters involved in December.
A discussion ensued regarding the status of the Land Development Code
Amendments,
Summer Araque stated the Jones Mine had a I-year review approval of last year.
IX. Sub-Committee Reports
7
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October I, 2008
None
X. Staff Comments
A. November, December and January meetings to be held at CDES
B. Reminder: Special meeting ofEAC on November 12, 20008 to review RLSA
Staff noted the following:
· Recent aerial photos (2007/2008) of the County are available with built
up areas superimposed
· If a member is not present for a meeting, provide any necessary
comments for distribution
· There will be an Energy Symposium on October 10, 2008 at Florida
Gulf Coast University
XI. Council Member Comments
. Mr. Standridge suggested an overview of the Rural Lands Stewardship
Program be placed on the November 4, 2008 Agenda prior to the Special
Meeting on November 12,2008,
. Chairman Hughes requested Staff provide a report on the status of the
Habitat Conservation Plan Advisory Committee at the next meeting.
XII. Public Comments
None
There being no further business for the good of the County, the meeting was
adjourned by the order of the Chair at 11:10 AM.
*****
COLLIER COUNTY ENVIRONMENTAL
ADVISORY COUNCIL
c~~}f(4f---
These Minutes ~pproved by the Board/Chairman on
as presented , or as amended ,
NDV' -::)-flt 20<':) 'i
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I~AKES
RO \11\\" \ .\ND UR\IN.H.I. \ISI,1 ,
ADVISORY COMMITTEE
2885 HORSESHOE DRIVE SOUTH
NAPLES, FL 34104
October 8, 2008
Aaenda
I. Call to Order
II. Attendance
III. Approval of Agenda
IV. Approval of Minutes - September 10, 2008
V. Transportation Services Report
A. Budget - Caroline Soto
B. Project Manager Report - Darryl Richard, Chris Tillman!
Malcome Pirine
VI. Old Business
VI. New Business
VII. Public Comments
VIII. Adjournment
The next meeting will be on November 12,200810:00 a.m.
Collier County Transportation Building, East Conference Room
2885 Horseshoe Drive South
Naples, FL 34104
Misc. Corres:
Date: I), -0 ~ -oi
Item #: /10 I cl)A 7--
Copies 10:
16/1 A
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KES
I~OAn\\\ \ ANn nR\/N\(,F \i"S,T.! ,
Fiala
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Henning
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Coletta
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ADVISORY COMMITTEE
2885 HORSESHOE DRIVE SOUTH
NAPLES, FL 34104
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June 11, 2008
Minutes
I. Call to Order
Meeting was called to order by Harold Bergdoll at 10:06. No quorum was
established.
II. Attendance
Members: Harold Bergdoll, William Seabury (Excused), George Fogg
(Excused), Robert Jones (Excused), Virginia Donovan (Excused)
County: Darryl Richards - Project Manger, Tessie Sillery - Operations
Coordinator
Other: Darlene Lafferty - Mancan
The next meeting will be on July 9, 2008 10:00 a.m.
Collier County Transportation Building, East Conference Room
2885 Horseshoe Drive South
Naples, FL 34104
Misc. Corres:
Date:
Item#'
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16 IS. A f
Ff)REST
LAKES
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Fiala
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Henning
Coyle
Coletta
ADVISORY COMMITTEE
2885 HORSESHOE DRIVE SOUTH
NAPLES, FL 34104
September 10 2008
Minutes
I. Call to order
Meeting was called to order at 10:03 a.m. by George Fogg. Quorum was
established
II. Attendance
Members: Harold Bergdoll, William Seabury, George Fogg, Robert Jones
(Excused), Virginia Donovan (Excused)
County: Tessie Sillery - Operations Coordinator, Darryl Richard - Project
Manager, Caroline Soto - Budget Analyst, Steve Preston - Storm Water
Other: Chris Tilman and Thomas Roadman - Malcome Pirnie, Darlene
Lafferty - Mancan
III. Approval of Agenda
William Seabury moved to approve the agenda as submitted.
Second by Harold Bergdoll. Motion carried unanimously 3-0.
IV. Approval of Minutes - July 9, 2008
Harold Bergdoll moved to approve the minutes as submitted.
Second by William Seabury. Motion carried unanimously 3-0.
V, Transportation Services
A. Budget - Caroline Soto distributed and reviewed the Budget Report
(See attached)
. Remaining open P.O.s $21,170.74
. Available Improvements General $2,173,614.39
. Ad Valorem Tax $9,614,85 (Uncollected)
. Revenue Structure $170,722,01 will carry forward to FY09
B. Project Manager Report - Darryl Richard I Chris Tilman - Malcome
Pirnie - distributed the Forest Lakes Project Status. (See attached)
George Fogg questioned the height requirements for Tree Trimming.
Darryl Richard responded the Code Requirement is 17 ft, .
Discussions ensued and it was stated that Pruning Trees ~
excessive, OllIe:
Item I:
Copies to
16 , 1
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Discussions continued and it was determined that Pruning Trees to the
height of 15 ft, would allow clearance for a large vehicle (tractor trailer.)
Harold Bergdoll moved to approve a not to exceed trimming
height of 15 feet. Second by William Seabury. Motion carried
unanimously 3-0.
Darryl Richard will submit the Committee request of a 15 ft, height for
Tree Trimming to ROWand Traffic Operations and will forward final
approval to the Committee.
It was questioned if 2 -3 ft, is the required Road edge clearance.
Darryl Richard distributed Code Enforcement Standards for Proper
Tree Pruning, (See attached)
Chris Tilman gave a Slide Presentation on Project Status and
reported the following:
. (F-54) Replacement of Fairway No, 5 Culvert-
i. Contractor was delayed due to rain
ii. The Pipe is corroding and collapsing in the Fairways
iii. Completion - 10 days once on site
. (F-53) Quail Run Swale Restoration and Stabilization -
i. Met with the District to discussed ERP responses and
Permitting issues. The following was united into a Blanket
Permit:
a. Partitioning of the Lakes
b, Culvert Pipe for F-43 Project
c. Lake stabilization for all Lakes on site
d, Bulkhead material type left as open item in Permit (for
aesthetic options)
. (F-52) Mira Vista Condo Easement and (F-51) Forest Lakes Condo
Easement - Submitted to Real Estate Services for Completion
· (F-50) Phase II: Project 6b - Reconstruct the southern & northern
ends of the Woodshire Ditch - The suggestion was made to
reassign the Scope to another Project due to minimal work
required.
Discussions ensued concerning Road flooding. It was requested to
confirm if there is a Culvert blockage or if the pipe is too small to
handle the volume.
Darryl Richard recommended review of the Project Scope,
. (F-48) Phase I: Forest Lakes Blvd, relief sewer to Lake 10-
Suspended will reevaluate after Partitioning of the Lakes
· (F-47) Milling & Overlay Forest Lakes Dr, & side streets - Delayed
until F-41 drainage work is complete
· (F-45) Phase I: Regrade Swale Nos. 12-17 & Nos, 1-6 and install
Culvert - Postponed until Spring 2009
. (F-43) Phase I: Quail Run Swale Restoration and Lake
Improvements - Noted the (drainage) system is dependant on the
Weir Controller located at Golden Gate Pkwy
2
16I~1 A 7
Darryl Richard requested an updated Aerial Map from Malcome
Pirnie.
Chris Tilman recommended delaying the Swale Regrade until
Spring 2009,
. (F-42) Phase I: Overlay Quail Forest Blvd, - Complete
· (F-41) Improve roadside drainage in the Forest Lakes Villas and
Condo area -
i. Cleared debris to improve flow
ii. Installation of Culvert pipe
iii. Driveways are repaired with flowable fill and topped with
concrete for consistency
Darryl Richard questioned if the elevation in Forest Lakes is lower
than other Communities
Steve Preston - Storm Water responded that in older
Developments the average home is 1-2 ft, lower.
Discussions ensued and it was questioned what the minimum and
maximum elevation is for the Weir Controller.
Steve Preston stated that the (drainage) system is being surveyed
and will report the elevation to Darryl Richard,
Harold Bergdoll reported the repaired manhole has potholes and is
located in the middle of the road.
Darryl Richard will notify the County.
It was requested to temporarily patch the pothole utilizing a Contractor
until permanent repairs can be made by the County,
VI. Old Business - None
VII. New Business - None
VIII. Public Comments - None
IX. There being no further business to come before the Committee, the
meeting was adjourned by the Chair at 11 :38 A.M.
Forest Lakes Roadway and Drainage
MSTU Advisory Committee
3
16/1 A 7
These minutes approved by the Committee on t D - '6 ,0 ~
as presented X or amended
The next meeting will be on October 8, 2008 10:00 a.m.
Collier County Transportation Building, East Conference Room
2885 Horseshoe Drive South
Naples, FL 34104
4
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FOREST LAKES MSTU PROJECT STATUS REPORT
September 10, 2008
Prepared by:
Darryl Richard, Project Manager, Collier County Departrnent of Alternative Transportation Modes
Tessie SiIlery, Operations Coordinator, Collier County Department of Alternative Transportation Modes
(F~) - ACTIVE (PaC: Dany! Richard, Staff Lial8Dn; Chris Tilman, P.E. Project Management Coneultanl) - Replacement
of Fairway No. 5 CUlvert - EnglneelS Ellimate $145,235
PRO.ECT PHASE
Scope Prep
Contractor Solicitation
Contractor Selecl8d
MSTU Clnt8 Fundmg Approved
Coun\, WO Proc:e8lllng
Contractor NTP Date
ESt. Conlltruc:tion Completion Date
Start - End Date
5/19/08 - 5/28108
6/05108 - 6/ZT/08
6/ZT/2008
6/11/2008
6/ZT/08 - 7/15/08
7/16/08
9/16/08
Proiect Notes:
5-12-08: Malcolm Pirnie submitted scope to County for approval.
5-19-08: Field Work by Malcolm Pirnie Staff
5-27-08: Scope finalized by MPI
6-05-08: Project scope solicited to all contractors listed on contract 08-50 II, quotes due on June 10.
6-09-08: MP extended quote due date to June 13 per contractor requests.
6-16-08: One contractor (Haskins) was inadvertently omitted from solicitation. MP sent solicitation and
gave 10 working days to conform with terms of contract 08-50 I I. Quote due June 27 by 5 pm.
6-27-08: Contract awarded to Kyle Construction
8- I 3-08: Notice to Proceed and PO issued to Kyle Construction
8-22-08: Pre-construction rneeting with Kyle Construction to review field conditions and project scope
9-9-08: Mobilization to site
(F-03) - ACTIVE (POC: Dany! Richard, Staff Liai8Dn; Chris Tilman, P.E. Project Management Coneultanl) - Quail Run
Lake Shoreline Relltoration and Stabillzation- EnglneelS Ellimate Penclng SFWMD Feedback
PRO.ECT PHASE
Scope Prep
Contractor Bidding
Contractor SeIecl8d
MSTU Clnt8 Funding Approved
BOCC Approval Date
Coun\, WO Proce8IIIng
Contractor NTP Dalll
ESt. Conlltruc:tion Completion Date
Start - End Date
6/2/08 -12/30108
1/16/09 - 2/6/09
2/6/2009
2/11/2009
2/17/09
2/17/09 - 3/6/09
4/1/09
7/1/09
FOREST LAKES MSTU PROJECT STATUS REPORT
September 10,2008
16/1
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Proiect Notes:
5-12-08: Malcolrn Pimie submitted scope to County tor approval.
6-11-08: Received ernail frorn SFWMD indicating that an ERP permit will be required for vertical
bulkheads in ponds. MP is evaluating erosion control options,
9-9-08: MP added bulkhead locations and details to the ERP application, along with a map of each lake
showing proposed bulkhead locations per SFWMD request. MP also conducted field work and developed
scope documents for the project.
(F-62) - ACTIVE (POC: DIInyI Richard, Staff UaIIOlT, Chris Tilman, P.E. Project Management ConSlltant)- Mira Vista
Condo Ea.rnent
PRO.ECT PHASE
Scope P18P
MSTU Cmte FlWIdklg Approved
Counv WO Proat8ling
Survey NTP Calli
Survey Complelll
Counv Real Eslalll PIOC88111ng
BOCC Approval Calli
Start - End Calli
3125108 - 4125108
4IW3lO8
4125108 - 5/14108
5/1512008
7/15/08
7/16/08 - 6/16/08
W!II08
Proiect Notes:
3-12-08: Malcolm Pimie met with Charles Stemple and others from the Mira Vista Condo Assn to
discuss the MSTU project (F-47) and easements needed. Specific easernents include the lake adjacent to
Mira Vista and a 10' wide easement on the west side bordering Quail Run,
3-26-08: MP met with Charles Stemple and others from the Mira Vista Condo Assn to review the draft
easement agreement, some rninor revisions were requested.
4-16-08: MP met with Charles Stemple to review the revised draft easement agreernent, and he agreed to
the revised language, MP will forward the easement documents to Kevin Hendricks for processing as
soon as the survey is cornpleted.
8-13-08: MP gave draft easement docs and tlnal signed and sealed survey for Mira Vista to Kevin
Hendricks for final processing and execution.
2
FOREST LAKES MSTU PROJECT STATUS REPORT 1 6 11m." A 7
September 10, 2008
(F-51) - ACTIVE (POC: Dany! Richard, Staff Ualson; Chris Tilman, P.E Projec:t Management Conlllltant)- Fore&t Lakes
Condo Ea..ment
PRO.ECT PHASE
Scope P18P
MSTU CmtlI Fl81d~ Approved
Coun\t WO Proc:ellling
SUlVey NTP Date
SU/V8Y Complete
Coun\t Rltal Ettate Proce8lling
BOCC Approval Date
Start - End Date
3125108 - 4/25108
4/9/2008
4/25108 - 5/14/08
5/1512008
7/15/08
7/16/08 - 8/16/08
9/9/08
Proiect Notes:
2-21-08: MP attended the Forest Lakes Condo Assn meeting to review the MSTU project and the
easements needed,
3-5-08: MP met with Bob Gootee and others to review the MSTU project scope and walk the site to
discuss specific drainage and pavernent work,
3-17-08: Malcolm Pimie emailed draft easement agreement to Bob Gootee for review.
4-8-08: Met with Bob Gootee to review draft contractor scope and draft easement agreement.
4- I 6-08: Met with Bob Gootee to review final draft easement document. Bob agreed to the revised
language and MP will forward the easement documents to Kev in Hendricks for processing as soon as the
survey is completed.
8-13-08: MP gave draft easement docs and final signed and sealed survey for Forest Lakes Condos to
Kevin Hendricks for final processing and execution.
(F~) - ACTIVE (POC: DarlYl Richard) - PHASE II: Projec:t 6b: March - Sept ZOOS; Recolllllruc:t the southern & northern
ends of the Wood...lre Ditch (Merged with with F-49) EnglneslS EItlmate Penclng
PRO.ECT PHASE
Scope P18pll/lltion
Contractor Solicitation
Contractor Selecllld
MSTU Cmt8 Fl81d~ Approved
Coun\t WO Proce8lling
Contractor NTP Date
ESt. Conlllruc:llon Co"1lletion Date
Start - End Date
6/15/08 - 8/20/08
8/20/08 - 8/30108
7/1/2008
8/11/ZOOS
7/1/08 - 7/20/08
7121/08
9/21/08
Proiect Notes:
3-10-08: PO issued to Malcolm Pimie for Phase 2 Field Services. Proposed improvement includes
extending drop curbing from the existing inlet structures north to the entrance at Pine Ridge Road.
4-7-08: MP working with A TM Dept and Cmte to identity additional issues that may need to be
addressed in conjunction with swale reconstruction.
5-19-08: MP field work.
5-21-08: Combined with F-49 reflected in Project Status Report
6-17-08: Final Scope being prepared
3
FOREST LAKES MSTU PROJECT STATUS REPORT
September 10, 2008
(F-48) - ACTIVE (POC: Dany! Richard). PHASE I: Project 5: FOI8&t Lakes Blvd. relief &ewer to Lake 10
16tlA
....
I
Proiect Notes:
3-3-08: Project suspended, will be re-evaluated after lake partitions are constructed and pond levels drop
to nonnallevels.
(F-47) - ACTIVE (POC: Darryl Richard, Staff UallOn; Chris Tilman, P.E Project Management Conalllan!) - MIlling &
Overlay FOI8&t Lakes DrIve and llIde streets from Forest Lakes Blvd. to IOIAh end (Merged with F40) Enginee/'8
I:stlmalll $424,362
PRO.ECT PHASE
Scope Prep
Contractor Solicitation
Contractor SeIecl8d
MSTU Cml8 Fl8ldlng Approved
BOCC Approval Dalll
Coun\, WO ProatIIIng
Contractor NTP Dalll
Est. Conlllruc:llon Completion Dalll
Start. End Dalll
2/1/08 - 5/19/08
6/5/08 - 6/16/08
6/16/Z008 (Betlllr RoadBl
6/11/Z008
7/2212008
7/22/08 - 6/15/08
6/16108
10116108
Proiect Notes:
3-3-08: Malcolm Pirnie presented the drainage improvements during the last condo association meeting
and is scheduling for this Wed. to discuss tech. issues.
3-3-08: Waiting on PO for Phase II proposal (Malcolm Pirnie)
3-5-08: Malcolm Pirnie conducted follow-up meeting with Bob Gootee and other members of the Forest
Lakes Condo Assn, to review technical aspects of proposed drainage improvements.
3-10-08: PO sent to Malcolrn Pirnie, scheduling field investigation work to analyze drainage.
3- I 7-08: Malcolrn Pirnie ernailed draft easement agreement to Bob Gootee for review.
4-7-08: MP working on draft scope for contractor solicitation,
4-8-08: Met with Bob Gootee to review draft contractor scope and draft easement agreement.
4-16-08: MP reviewed draft scope with County, preparing to solicit contractor quotes.
5-21-08: Cornbined with F-40 in the Project Status Report
5-29-08: Per Rhonda Cummings' email.this project will not have to be bid.
6-01-08: Scope updated
6-05-08: Project scope solicited to three contractors listed on contract 08-5045, quotes due on June 16.
6-09-08: MP extended quote due date to June 13 per contractor requests.
6-18-08: MP submitted quote results to County staff, recommended award to Better Roads.
8-14-08: Notice to Proceed and PO issued to Better Roads
8-25-08: Pre-construction rneeting with Better Roads, all agreed to delay start until Sept 15 to allow F-41
project time to cornplete drainage work.
4
FOREST LAKES MSTU PROJECT STATUS REPORT
September 10, 2008
"
16/1
Ii
7
(F-46) - ACTIVE (POe: Dany! Richard) - PHASE I: Project 3c: Feb - May 2008; Regrade SWale Nos. 12-17 & Nos. 1.e and
inetall culvert. Total /8grade length approximately 19,704 L.F. (Merged with F-44) Englnee/S Blllmate $520,220
PRO.ECT PHASE
Scope P18p
Contractor BIdding
Contractor Selec:l8d
MSTlJ Cmta F\I1dlng Approved
BOCC Approval Date
Coun~ WO Pl'OC88IIng
Contractor Nl'P Date
Est. ConSrudlon Completion Date
Start. End Date
211/08 - 317/08
5/15/08 - 6110/08
611012008
4/9/2008
612412008
6125108 - 7/8/08
8/8/08
9/30108
ProJect Deland until next veal!
Proiect Notes:
3-3-08: Malcolm Pimie met with Quail Run management staff today to review draft scopes. Scope
packages should be completed by the end of next week and contractor solicitations will begin after that.
3- 11-08: Scope packages sent out on 3-7-08 via email to contractors for quotes, Field meetings with
contractors scheduled this week.
3-18-08: Only one quote for one phase was received by the deadline 01'3/19, MP contacted all three
contractors. Due to an ernail problem, all contractors did not receive the emails. MP provided hard
copies to two contractors and verified with the third that all emails were received. MP extended
solicitation deadline to Wednesday, March 26th
3-26-08: Received three quotes for each phase.
4-7-08: MP ernailed recornrnendation of award to Bonness, Inc. for all three phases.
4-9-08: MSTU emte. approved revised budget of $590,000 total tor project, County preparing item for
BOCC approval.
4-25-08: Met with Purchasing to review projects F-43, 44, and 45. After discussion, the decision was to
award F-43 to Bonness and put F-44 and F-45 together in a bid. The bid will be an informal maintenance
bid using existing documentation.
5-21-08: Combined with F-40 in the Project Status Report
6-17-08: Project will have to be bid per Purchasing Dept. Will have to delay until next year.
(F-43) - ACTIVE (POe: Danyl Richard) - PHASE I: Project 31: Feb - May 2008; Quail Run SWale Restoration and Lake
Improwmenta: Regrade SWale Nos. 7-11 and inlltall culverts. Total /8grade lengll approllimately 5,974 L.F. Enginee/S
Blllmate $198,575
PRO.ECT PHASE
Scope P18P
Contractor Solicitation
Contractor SeI8c:l8d
MSTlJ Cmta F\I1dlng Approved
Coun~ WO proc:e.ng
Contractor NTP Date
Est. Conlllrudlon Completion Dete
Start - End Date
211/08 - 317/08
6117/08 - 7/2108
7/212008
$240,000 on 4/9/08
7/2108 - 7/21/08
7/21108
9/22108
5
FOREST LAKES MSTU PROJECT STATUS REPORT
September 10, 2008
16 /:;:1 A
7
Proiect Notes:
3-3-08: Malcolm Pimie met with Quail Run management stafftoday to review draft scopes. Scope
packages should be cornpleted by the end of next week and contractor solicitations will begin after that.
3-11-08: Scope packages sent out on 3-7-08 via email to contractors for quotes. Field meetings with
contractors scheduled this week.
3-18-08: Only one quote for one phase was received by the deadline of 3/!9, MP contacted all three
contractors. Due to an email problem, all contractors did not receive the ernails. MP provided hard
copies to two contractors and verified with the third that all emails were received. MP extended
solicitation deadline to Wednesday, March 26th
3-26-08: Received three quotes for each phase.
4-7-08: MP emailed recomrnendation of award to Bonness, Inc. for all three phases.
4-9-08: MSTU Cmte. approved revised budget of $275,000 for project, County preparing itern for BOCC
approval.
4-25-08: Met with Purchasing to review projects F-43, 44, and 45. After discussion, the decision was to
award F-43 to Bonness and put F-44 and F-45 together in a bid. The bid will be an informal rnaintenance
bid using existing docurnentation.
5-27-08: On site rneetings scheduled with prospective contractors.
6-11-08: Per direction from County staff, MP will solicit quotes trom three vendors under new contract
08-501 L
6-13-08: Revamped scope tor F-43 ready for solicitation.
6-17-08: Final Scope Prepared; Estimate revised utilizing unit prices from recently quoted projects,
6-18-08: Project F-43 solicited to all five vendors on contract 08-501 I, quotes due July 2.
7-2-08: All quotes received, MP recommended award to Quality Enterprises in the amount of
$ I 96,047.50.
7-23-08: Notice to Proceed issued to Quality Enterprises.
7-28-08: Pre-construction meeting to review project scope and field conditions.
8-25-08: Mobilization to site.
(F42) - ACTIVE (POC: Darryl Richard) -PHASE I: Project 2; Feb - May 2008 Overlay Quail Forest Blvd. from Main
Entrance to 80utlern end and reetore drainage- Engineers EstImate $115,000
PRO.ECT PHASE
Scope Prep
Contractor Solicitation
Contractor Selecllld
MSTU Cl1It8 Fl81dlng Approved
Coun\, WO Pl'OC8IIIng
Contractor NTP Date
Est. Conl!llructlon Completion Date
Start - End Date
1/4108 - 1/20/08
1/2ClI08 -1/31/08
2/3/08 (Better Road81
$115,000 on 2/13/08
3/1/08 - 3/%1/08
3/%1/08
5/31/08
PROJECT COMPLErED
Proiect Notes:
3-3-08: Waiting for PO issue for Belter Roads; waiting for signature from Belter Roads,
3-26-08: Chris Tilman met with representatives of the condos along Quail Forest Blvd. to review the
paving and drainage irnprovernents. Very positive reaction from all parties.
4-7-08: PO issued, Belter Roads scheduled to mobilize on 4/14.
4-8-08: Notice lelter for Quail Forest paving work distributed to condo presidents informing them of 4/!4
start date.
6
16~1 A
7
FOREST LAKES MSTU PROJECT STATUS REPORT
September 10, 2008
4-15-08: Better Roads mobilized to site to start work on the swales and drainage work. Tom Roadman
(MPI) on site to coordinate activities.
4-25-08: Paving and drainage work completed, waiting 30 days for asphalt to cure prior to applying
thermoplastic striping and RPMs.
6-01-08: Thermoplastic striping applied. Project completed.
(F41) -ACTIVE (POC: Danyl Richard, Staff Walson; Chris TUman, P.E Project Management Conadtant) -Improve
roadllde drainage In the Fore. Lakes Villas and Concb area and In porto.. of Fore. Lakes Blvd (cul-de-eacs, etc.).
Engines.. Elllmalll $184,450
PRO.ECT PHASE
Scope Prap
Conlractor SoHcltatlon
Conlractor SeIac18d
MSTlJ Cml8 FWldlng Approved
Countv WO Proc:e8llng
Conlractor NTP Dalll
E&t. ConSruc:llon Completion Dalll
Start - End Dalll
3/15/08 - 5/10108
5/29108 - 6/13/08
6/16/2008 (Gustafson ConSruc:llon)
6/11/2008
6/18108 - 7n1oa
7/8108
918108
Proiect Notes:
3-3-08: Waiting on PO for Phase 11 proposal (Malcolrn Pirnie)
3-10-08: PO sent to Malcolrn Pirnie, scheduling field work.
4-7-08: MP working on draft scope for contractor solicitation.
4-16-08: MP reviewed draft scope with County, preparing to solicit contractor quotes,
5-28-08: MP three meetings with contractors on site to review project scope
5-29-08: MP amended scope to address contractor concerns
6-1 I -08: No quorurn for MSTU Committee meeting today, so MP did not attend. MP sent quotes via
email to County staff and recommended awarding contract to Gustafson Construction Corp, the apparent
low quoter. Also requested special meeting of MSTU Cmte to approve project funding so project stays
on schedule.
6-13-08: Awaiting Purchasing Approval
6-18-08: Per email from Brenda Brilhart,this is an existing contract and the local preference does not
apply to the older contracts. Go forward with the work order.
7-21-08: Notice to Proceed issued to Gustafson,
8-4-08: Mobilization to site.
7
FOREST LAKES MSTU PROJECT STATUS REPORT
September 10, 2008
161 P"
~,
'"k.;j
7
(F-39) - ACTIVE (POC: Denyl Richard. staff Ual80nj Chrla Tilman, P.E Project Management Con./Itant) - Rlghtof.Way
for Roadways, Swale.. and Drainage StructuI1llL Work Scope's b_d on RLS 07-TRN-00068
PRO.ECT PHASE
Scope Prep
MSTU Cmt8 FlIIdlng Approved
Countv WO Procelllling
SU/V8y NTP Del8
SUlVey Complel8
BOCC Approvel Del8
start - End Del8
3/26108 - 4125/08
4I9/ZOOB
4125/08 - 5/15/08
5/15/ZOOB
7/15/08
9/9/08
Proiect Notes:
2-13-08: Review ofRLS 07-TRN-00068 at regular Forest Lakes MSTU meeting, Malcolrn Pirnie has
requested pricing for survey/legal descriptions necessary for this project frorn R W A Surveyor.
3-3-08: Malcolm Pirnie met with RW A to review scope. Waiting for final scope and budget from RW A
3-11-08: Revised scope received from RW A, recommended for processing by Malcolm Pirnie.
4-9-08: MSTU Cmte. approved revised RW A scope and budget for survey, County processing WOo
8-13-08: MP gave draft resolution docs and final signed and sealed survey for ROW to Kevin Hendricks
for final processing and execution,
(F-38) - ACTIVE (POC: Der!)'1 Richard) - PHASE I: Project 3d: Feb - Oct ZOOBj Conlllruc:t engkleered partitions In Lakes 8
and 10j (Malcolm Plmle Projected Budgllt $500,000); Q. Grady NInO/' . De8ign ConsIllant
PRO.ECT PHASE
De8ign Docs Prep
SFWMD ERP App Sublrittlld
SFWMD ERP Received
Bid Preparation
Advertise for Bid
Contractor Selected
MSTU Cmt8 FlIIding Approved
BOCC Approvel Del8
Contract Procelllng
Contractor NTP Del8
Est. Conlllruc:tlon Completion Del8
Start - End Del8
3/4108 - 5/31/08
5/19/08
9/30/08
9130/08 -10115/08
10115/08 -11/5/08
11/5/ZOOB
11/12/ZOOB
11/25/ZOOB
11/25/08 -1/30/09
2/2/08
8/4109
Proiect Notes:
12-10-07: Q. Grady Minor submitted proposal
1-8-08: Committee approved proposal
2-4-08: Staff requested consultant to resubmit proposal- lurnp sum
2-6-08: Work Order in process of signatures - pending consultant to sign
2-8-08: Signed by Consultant and Budget Analyst has for signature process,
3-3-08: PO issued to Q. Grady waiting for SFWMD confirmation of permitting prior to NTP.
3-4-08: Confirmation to proceed with issue of NTP from Malcolm Pirnie,
4-7-08: MP and QGM scheduling kickoff meeting to review project.
8
FOREST LAKES MSTU PROJECT STATUS REPORT
September 10, 2008
1 6 I 1....-. l\
..' n
...
I
4-9-08: MP, County Staff, Quail Run Staff, and Cmte Chair met to review partition project and discuss
options (i.e. concrete, vinyl sheetpile, steel, etc.). Q. Grady to coordinate meeting with vinyl
sheetpile rep to further evaluate materials and installation cost relative to concrete.
6-27-08: MP requested QGM to hold design work until rneeting with SFWMD on July 7.
7-7-08: Met with SFWMD to review ERP permit
7-21-08: MP directed QGM to proceed with steel sheetpile design for partitions. SFWMD requested
signed and sealed design drawings for the partitions to be included with the ERP response.
(F-37) - ACTIVE (POC: Darryl Richard, Chris Tilman (Malcolm Pimie) -BOND ISSUE PROJECTS-
INDIVIDUAL PROJECT TRACKING:
12-12-07: Individual projects added to project manager list for tracking of each project.
1-7-08: Mr. Tilrnan to provide list for 1-9-08 rneeting.
Note: · indicates cost based on previous estimate from WilsonMiller
(F-36) - COMPLETED (POC: Darryl Richard) - Striping & reflectors within all roads in boundary map
10-10-07: Comrnittee requested for all the roads within the MSTU be stripped and reflector be placed.
10-26-07: Requested quote from Bonness.
11-9-07: Received Quote from Bonness - under review with Chris Tillman - Malcolm's office
11-14-07: cornmittee approved Quote - $ 42,663.93 - Bonness
11-20-07: WO in progress-for signatures
12-10-07: WO & PO - NTP pending to be sent out.
12-12-07: Notice to Proceed sent to Bonness for project. Bonness will schedule for start work within the
week of Dec. 12th
1-7 -08: 90 % complete - Punch list to be reviewed
2-6-08: Contractor reports 100% completion. To be reviewed by Malcolm Pirnie & staff
(F-34) - ACTIVE (POC: Darryl Richard, Chris Tilman (Malcolm Pirnie) - Swale Project Scope
Definitions;
6- I 3-07: Meeting with Malcolrn Pimie to review base map of swales and lakes as per Bond Issue Project
List. Map requires some minor rnodification, Scope of Swale projects will be derived frorn Base Map,
SCHEDULE:
Lakes MSTU - SwaIe Scope Definitions & Projects
,E Start - End Date
r. Overlay Project 16 & 17 6/15/07 - 7/15/07 - Project Complete
7/1107 - 1130/08 in progress (50%
complete)
llfl412007
llfl4107 - 1/13/08
1/13/2008
1/1512008
3/2512008
In Novus 3-25-08
nent Prep. Swale Projects
Survey - - RW A
Y Survey
'y Completion
:Iub Board Meeting - approval
Approval Easements
:C Approval Contractor Bids
3/25/2008
9
FOREST LAKES MSTU PROJECT STATUS REPORT
September 10, 2008
] /~ A 7
r.~~
....._J
SwaJe Projects
y ColIStrucnon
4/112008
4/112008- 6/30/08
1-7-08: Revised scope for each bond issue project in progress - Malcolm Pemie
(F-31) - ACTIVE (POC: Darryl Richard) -Easement for Swales & Lakes
3-29-07: RLS sent to Scott Teach for recommendation regarding request as per Malcolm Pimie
advisernent that easement may be the option the MSTU would want to pursue for swales and lakes. Also
included in request is evaluation of roadways in terms of easements.
4-30-07: RLS received from Scott Teach regarding obtaining easernent within Golf Course Property.
Recornrnendation is to proceed with obtaining easement within Golf Course for both swales and lakes.
Easernent is not required for roadways as per RLS.
5-9-07: Meeting with Kevin Hendricks regarding easernents. Kevin will work directly with Chris Tilrnan
(Consultant) and Liaison Project Manager Darryl Richard in obtaining any required easement/Right of
Entry. Recommendation from Kevin was to pursue negotiation with Golf Course based on a 'preliminary'
map (to be produced by Malcolm Pimie) of the easement areas.
7-6-07: Meeting with Golf Course - review of easements - Chris - Malcolrn Pemie will be sending out a
report of the results of meeting.
7-23-07: July 161h, draft document received from Malcolrn Pemie & County staff reviewing with
Consultant - Presentation per Quail Run Golf Course
8-15-07: (week of) Malcolm Pimie coordinating project details with Quail Run Club Mgmt.
8-22-07: R W A will be performing Survey - quote from R W A pending regarding the Golf Course
approval.
9-10-07: Obtaining scope of service from RWA- (RWA to create scope)
9-12-07: RW A has provided draft scope - under review by Malcolm Pimie
10-17 -07: Purchasing requested changes in Scope lump sum vs. time & material and other verbage.
10-22-07: RWA has provided proposal- county staff to review and requested revisions.
11-6-07: R W A has revised proposal several times per request of county staff. Still pending on revision
11-8-07: RWA responded and Work Order is with Budget Analyst going through signature process.
11-20-07: NTP sent on 11-20-07 - 60 days - $58,305.50 to be completed by January 19th, 2008.
1-7-08: Easement Language complete by Malcolm Pemie.
1-7-08: RW A - Survey is 90% cornplete
1-9-08: RWA -Survey is 100% cornplete
2-6-08: Scope for swale project 90% complete.
2-6-08: Chris Tillman negotiating with SWMD for permit requirements, prior to construction.
2-6-08: Q.Grady Minor & Assoc. to provide additional data for swale scopes. - Work Order in process
for Q.Grady Minor & Assoc.
(F26) - ON GOING-ACTIVE (POC: Tessie Sillery) - Signage Maintenance
11-08-06: Fogg moved to utilize annual contractor - rnaximum $ I 0,000.00
1-29-07: Requested estimate.
2-14-07: PO for annual maintenance in amount of$IO,OOO.OO requested.
3-13-07: PO emailed to Lykins for ongoing maintenance
9-30-07: PO closed for end of fiscal year.
10-10 -07: Requested estimate.
10-20-07: Estimate came in at $5,000.00
I 1-06-07: Request for PO in process
10-10-07: Received PO for $5,000 and NTP went out.
10
FOREST LAKES MSTU PROJECT STATUS REPORT
September 10, 2008
'!f "I n
o 1 n
-
I
(F-25) - ON GOING-ACTIVE (POC: Darryl Richard) - Pot Hole Repairs
11-08-06: Fogg moved to increase funds for pot hole repair up to $40,000.00
12-13-06: Work Order in Progress
1-10-07: Bonness NTP - $40,000
1-23-07: Bonness - will be marking pot holes.
2-05-07: Bonness marked and in process of repairing pot holes
2-12-07: Bonness repaired pot-holes. Marked areas filled with asphalt Villas turn area remains for future
project
4- I 3-07: Villas area has been completed, some rninor pot-holes are forming in other areas. Bonness called
to perform inspection/repair under current PO.
10-24-07: New Fiscal Year 07-08 - Bonness - $ 11,491.61
11-6-07: Work Order in process. - pending signatures
11-20-07: Work Order rejected by Newrnan for minutes backup.
12-10-07: Need to have committee approve the arnount for the Work Order - $11,491.61
1-18-07: NTP 1-18-08 ending date January 17,2009 - (P. 0, #4500090493: dated 1-9-081-
Project Name: Forest Lakes Asphalt Patching & Risers - Contract # 05-3773 . Annual Contract for
(F-23) ON GOING-ACTIVE (POC: Darryl Richard)-Desiltation of Culverts: includes telescope
inspection within Forest Lakes; MSTU Comrnittee vote to obtain annual services frorn Shenandoah
Construction based on annual contract not to exceed $30,000.00 per year. Project Manager to confirm
scope of work with contractor prior to each service.
10- I 1-06: Cornmittee approves $30,000 for annual contract with Shenandoah.
11-7-06: Increase to PO ($3,155.70)
1-25-07: Requested for Estimate for annual maintenance not to exceed $26,800.00
3-13-07: NTP - sent to Shenandoah
3- I 5-07: Shenandoah contacted to de-silt Woodshire Ditch.
4-12-07: Meeting with Mike of Shenandoah for direction in specific project areas within Forest Lakes for
desilting. Areas include: Villas near Lake 6; Pipes near Lake 8 including 4 inch outfall and 24 inch; Pipes
near Lake 13 and Lake 10. Completion by 5/12/07.
4-27-07: Shenandoah cornpleted iterns near Lake #6 and Villas frorn 4-12-07 rneeting,
5-8-07: All Items noted on 4-12-07 are cornpleted. Ongoing rnaintenance as per future request
5-8-07: Committee requested Darryl to work with company - not following what they requested
5-23-07: Darryl rnet with company regarding dumping in area. -Issue resolved
10-24-07: Purchasing going to BCC for approval of new contractors for annuals.
11-6-07: Pending new bid tab and bee approval.
11-14-07: Spoke with purchasing and this item will not be bid out as of yet - still working on bid
process. Purchasing advised ro get three quotes for now,
(F-6) -ON GOING-ACTIVE (POC: Tessie Sillery)-Exotic Removal- Woodshire Ditch -Lake Doctors
Annual Maintenance Contract - Woodshire Ditch & pump station - Notice to proceed ITEM 5, 2005 -
$4,770.00 - Annually
5-15-05 - Purchasing required Re-Bid (quote) for project - Quotes due 5-26-06
11
FOREST LAKES MSTU PROJECT STATUS REPORT
September 10,2008
16 fi A
7
5-30-06 - Annual Contractor Aquagenix (George Bowling) to provide quote based on annual contract-
pending
6-12-06 - PO requested waiting on Gloria
6-27-06 - PO issued and ongoing
4-4-07: New Quote received frorn Lake Doctors for $4,740.00
4-13-07: Quote received from Aquagenics (George Bowling) at $6,180.00; No Quote received from
Aquatic Systems. Lake Doctors is the apparent low at $4,740.00
5-7-07: NTP-LakeDoctors-$4,740.00
9-30-07: PO Closed end of Fiscal Year
10-12-07: New Fiscal Year 07-08 - NTP $ 5, 640.00
(F-15) ONGOING-ACTIVE (POC: Tessie Sillery) - Mowing - Woodshire Drive - Landscape
Maintenance Contract - 400 ft, x 20 ft. Sod Mowing. Quotes requested frorn annual contractors.
4-17-06; Southern Services under contract for maintenance on annual basis based on contract rates,
3-16-07: Southern Services Contacted to mow up to Forest Lakes Blvd.
5-10-07: Southern Services PO increased by $ 3, 340.00 till end of FY.
9-30-07: End of Fiscal year- po', closed
10-12-07: New Fiscal Year 07-08 -NTP issued
(F-36) - COMPLETED (POC: Darryl Richard) - Stripping & reflectors within all roads in boundary
rnap
10-10-07: Comrnittee requested for all the roads within the MSTU be stripped and reflector be placed.
10-26-07: Requested quote from Bonness.
11-9-07: Received Quote from Bonness - under review with Chris Tillrnan - Malcolm's office
11-14-07: committee approved Quote - $ 42,663.93 - Bonness
11-20-07: WO in progress - for signatures
12-10-07: WO & PO - NTP pending to be sent out.
12-12-07: Notice to Proceed sent to Bonness for project. Bonness will schedule for start work within the
week of Dec. It"
1-7-08: 90 % cornplete - Punch list to be reviewed
2-6-08: Contractor reports 100% completion. To be reviewed by Malcolrn Pirnie & staff
(F-29) - COMPI El'ED (POC: Darryl Richard) -Bond Issue Finance Package
12-11-06: Meeting with Mike Smykowski, Office of Business Management & Budget, Director.
12-13-06: Requested project infonnation sent to Mike Smykowski for submittal to PFM (Financial
Consultant).
12-13-06: Package sent to PFM for review.
1-10-7: Mike Smykowski reports that there will be a Budget Meeting on I -I I -07. During Budget meeting
there will be a review of the Forest Lakes Bond Issue. PFM or another option (Loan with a Bank) will be
recornmended to finance bond issue, Alternative funding through a Bank will be reviewed,
1-17-07: Meeting with Chairman & staff to discuss priority project list and finance iterns
2-14-07: Bond Issue funds are anticipated to be available after April 1,2007. Cornmittee request to see
break-down of Cost for bond issue for next meeting.
3-14-07: PFM will be attending the meeting
3-23-07: PFM sends "Schedule" for bond issue. Staff confirms project list and schedule. Funds are due to
be released in June 2007.
5-9-07: Revised release of funds date is July 2007 as per PFM correspondence.
7-9-07: Kelly - PFM emailed a schedule regarding bond.
7-18-07: Kelly - PFM emailed a new schedule - draft debt service schedules showing coverage on the
allocated millage and a revised Plan of Finance detailing the tax reform issue.
12
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Septernber 17,2008
Q
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FD
jG MUNUTES OF THE MEETING OF THE COLLIER COUNTY
. HISTORICAL! ARCHAEOLOGICAL PRESERV A nON BOARD
'c:"(}::,;,,:r,,
Naples, Florida, September 17, 2008
LET IT BE REMEMBERED, that the Collier County
Historical! Archaeological Preservation Board, in and for the County of
Collier, having conducted business herein, met on this date at 9: 15 A,M, in
REGULAR SESSION at the Collier County Community Development and
Services Conference Room #6] 0, 2800 N, Horseshoe Drive,
Naples, Florida, with the following members present:
CHAIRMAN: Elizabeth Perdichizzi
VICE CHAIRMAN: Thomas Franchino
Sharon Kenny
John Thompson
William Dempsey (Excused)
Patricia Huff (via tele-conference)
Craig Woodward
ALSO PRESENT: Cheri Rollins, Zoning Dept. Misc. Corres:
Melissa Zone, Principal Planner
Steve Williams, Assist. County Attorney
16 t1 tl 8
Septernber 17,2008
L Roll CaII/ Attendance
Chairman Perdichizzi called the rneeting to order at 9:15AM. Roll Call was taken and a
quorum was established, It was noted Jarnes Harnmond and Lila Zook were also in
attendance.
II. Addenda to Agenda
It was noted under VII. New Business, Itern c. for the "The Naples Cultural Landscape Fund"
should be added to the agenda.
III, Approval of Agenda
Ms, Kenny moved to approve the agenda as amended. Second by Mr. Thompson. Carried
unanimously 5-0,
IV. Approval of Minutes: July 16,2008
Mr, Woodward moved to approve the minutes of the July 16, 2008 meeting. Second by Mr,
Franchino, Carried unanimously 5-0,
It was noted Ms. Huff was available via tele-conference.
Mr. Thompson moved to allow Ms, Huff to participate in the meeting, Second by Mr,
Woodward, Carried unanimously 5-0,
V. Department of Zoning & Land Development Review Report
A, Nothing to Report
VI, Old Business:
A, Updated reeomrnendations for the Historic Designation of the Naples Zoo, Ine.
Melissa Zone, Principal Planner provided an update noting she researched one of the
conditions (frorn the previous rneeting rnotion) indicating wording in a previous
Executive Sumrnary's (ES) "Recornrnendations" regarding funding issues and could not
locate the wording. She atternpted to contact Mr. Tetzlaff of the Naples Zoo (who is out
of the Country) for clarification on this request and did not receive a response. In lieu of
that information, the ES is rnoving forward for approval by the Board of County
Cornmissioners. She noted the itern was "burnped" frorn the Septernber BCe's agendas
and will be heard at a future rneeting. She is awaiting contact frorn Mr. Tetzlaff
regarding the requested language, which will he placed in the ES.
Mr. Franchino noted he located the language in a previous Executive Surnmary under
the "Fiscal Impact" section as follows:
"The HAPB assumes that the Naples Zoo shall have nofinancial obligations as a result
of designating the subject 13.85 acre site historic. While either the County or Naples Zoo
may contribute funds to this project, neither is required to do so. "
The subject language in question will be incorporated into the ES. The ES will be in the
Historical and Architectural Preservation Board (HAPB) October packet for review and
information purposes, as it has previously been voted on by the HAPB.
2
16 Fl A
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~
Septernber 17,2008
Mr. Kenny moved to hear item VII. New Business C. before A. and B. Second by Mr.
Woodward. Carried unanimously 6-0.
VII, New Business:
A. Review & Recommendation of HAPB Member Applications
(Lois Bolin and Richard Taylor):
The Board considered the applications of Lois Bolin and Richard Taylor.
Lois Bolin had been under previous consideration for appointrnent with concerns at that
tirne,
Some concerns were based on past experiences with her involvernent in previous
organizations,
Ms. Kenny noted she knows Ms. Bolin personally and worked with her on a project.
Further, Ms, Bolin is involved in the Naples Cultural Landscape Fund.
Ms. Kenny moved to recommend Lois Bolin for appointment to the Historical
Architectural and Preservation Board,
Without a second the motion was not considered.
It was noted Ms, Bolin had an incident with the Friends of the Museurn of the Everglades
involving her and the Friends of Museum Board, which resulted in Staffrnembers
leaving, and e-mail docurnents becorning involved in a lawsuit between the County
Manager and the County Clerk.
Another problern was mentioned with the Collier County Friends of the Museum;
approximately 5 years ago when she atternpted to get the Director of the Museurn
terminated,
It was decided rnore detail on these issues rnight be required to rnake an informed
decision,
A rnernber frorn the Imrnokalee area rnight help balance the representation of the HAPB.
More information is required frorn Mr. Taylor.
Chairman Perdichizzi noted there was no motion on the floor as it was not seconded,
Mr, Franchino moved to defer deciding on the applications and requested the County
to re-advertise the positions in an attempt to increase the pool of candidates for
choosing from (consideration.) Second by Mr, Woodward. Carried unanimously 6-0.
It was noted that Mr. Taylor's application did not include additional information on his
credentials that would assist in consideration of his appointment and Staff was directed to
contact him.
It was noted the votes are for "Recomrnending to the Board of County Comrnissioners"
(BCe) the applicant's appointrnent to the Advisory Board." The BCC is not required to
abide by the recornmendation,
3
16 I ".,1 !.~ 8
September 17,2008
Ms, Kenny moved to approve the date of the next meeting of the Historical and
Architectural Preservation Board (HAPB) for October 22. 2008. Second by Mr,
Franchino. Carried ununimously 6-0,
Staff will e-mail a copy of Advisory Board Applications to members to be forwarded to
any potential candidates.
B. John Thompson and Thomas Franchino's last meeting:
Chairman Perdichizzi presented Mr. Thornpson's and Mr. Franchino's with a
"Certificate of Award" recognizing their service to the Board.
Chairman Perdichizzi noted she received a response frorn State Archeologist, Ryan
Wheeler regarding a letter she sent hirn on the issue of Calusa Canoes in Lake Trafford.
Melissa Zone will forward a copy of both letters to Board rnernbers and the issue will be
placed on a future agenda.
Steve Williams, Assistant County Attorney was introduced to the Board.
Mr. Woodward moved to commend the service of John Thompson and Tom Franchino
to the Habitat Architectural and Preservation Board, Second by Ms, Kenny. Carried
unanimously 6-0.
C. The Naples Cultural Landscape Fund - James Hammond
It was noted this item was for informational purposes and will be placed on a future
agenda for formal consideration, A copy of the docurnent was provided to the Board for
reVIew.
A discussion ensued regarding the status and the issues involving the de-designation of
US 41 as a scenic highway.
Melissa Zone noted the de-designation is not official and the Federal Government has
directed the State of Florida re-visit the issue.
Patricia Huff noted there was a lot of rnisinforrnation provided in the previous
considerations (affects in changes of speed lirnits, hunting rights, billboard signage, etc,)
It was noted Workshops should be held for the public and necessary parties to ensure the
governing body rnakes an informed decision.
VIII, Public Comments
None
There being no further business for the good of the County, the meeting was adjourned by
order of the Chair at 10:25 AM,
4
1
'1
September 17, 2008
COLLIER COUNTY HISTORICAL AND ARCHITECURAL
PRESERVATION BOARD
~
~ ~du~
These minutes approved by the Board/Cornmittee on Of' Iv /J.p ( J (t lat
as presented ,/. or as amended
5
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TMMOKALF:F: RRAlTTIFTCATTON M.S.T.(l.
AOVISORY COMMTTTKF
""'flll'mlll'r 2-1, 2flflX
AGENDA
I. Call Meeting to Order
II. Attendance
III. Approval of Agenda
IV. Approval of Minutes - August 27, 2008
V. Transportation Services Report
A. Budget - Caroline Soto
B. Project Manager Report - Darryl Richard
VI. Transportation Maintenance Report - ClM
VIII. landscape Architects Report
A. Maintenance Report- Michael McGee
B. Phase II B. Project
VIII. Old Business
IX, New Business
A. Roberts Rules of Order Presentation - Sue Chapin/Mancan
X. Public Comment
XI. Adjournment
The next regularly scheduled meeting is October 22.20084:30 p,m.
At the Immokalee Community Park
321 First Street South, Immokalee, FL
::~6~-~
Item.: 1 io Ie I) A0
Copies to:
Fiala
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IMMOKALEE BEAUTIFICATION M.S.T.U.
ADVISORY COMMITTEE
September 24, 2008
Minutes
I. The meeting was called to order at 4:32 PM by Cherryle Thomas,
A quorum was established,
II. Attendance
Members: William Deyo, Cherryle Thomas, Andrea Halman, Dorcas
Howard, Maria Ortiz
County: Darryl Richard - Project Manager Landscape, Tessie Sillery-
MSTU Operations Coordinator, Caroline Soto - Management Budget
Analyst, Braley Muckel - CRA Project Manager, Christie Betancourt - CRA
Administrative Assistant
Others: Mike McGee - McGee & Associates, Weldon Walker - Code
Enforcement, Sue Flynn - Mancan, Sue Chapin - Mancan
III. Approval of Agenda
Cherryle Thomas motioned to move New Business up to III. Second
by Andrea Halman. Motion carried unanimously 4-0.
Cherryle Thomas moved to approve the Agenda as amended.
Second by William Deyo. Carried unanimously 4-0
Sue Chapin, Mancan gave a presentation on Roberts Rules of Order and
provided the Committee with a Summary. (See attached)
She recommended the Committee Members attend a Sunshine Law
Seminar.
Discussion ensued on how the Committee would like to receive
notification of the MSTU Meetings and it was decided Mancan will email a
notice 1-2 days before each meeting and call the Committee Members the
morning of each meeting.
Maria Orliz arrived at 4:37 pm
IV. Approval of Minutes - August 27,2008
Tessie Sillery noted that Dorcas Howards' term expired on Se~;
23, 2008 and she would be unable to vote on any issues. She stated
September 25, 2008 would be the last day to apply. DIIt;
ltem#:
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16/111 9
William Deyo moved to approve the Minutes as submitted. Second
by Cherryle Thomas. Motion carried unanimously 4-0.
Bradley Muckel, CRA Project Manager pointed out both he and Christie
Betancourt are County employees and will be reporting at each meeting.
Cherryle Thomas directed Mancan to add both Community
Redevelopment Agency and Code Enforcement to the Agenda and place
before Old Business.
V. Transportation Services Report
A. Budget Report - Caroline Soto distributed and reviewed. (See
attached)
. Budget Operating Expense - $136,977.30
. Available Operating Expense - $31,795.18
. Budget Improvement General - $1,086,300.00
. Available Improvement General - $ .00
. Current Ad Valorem Tax - ($315,100.00)
. Available Current Ad Valorem Tax - ($11,038.71)
B. Project Manager Report - Darryl Richard
Project IMM-17 - Public Meetin!:! - Proposed Ordinance Revision to
add Lake Trafford area parcels - will be discussed with the Immokalee
MSTU expanding boundaries project.
Project IMM-16 - Phase IV - CEI Services - project is ongoing and
approximately 80% completed. It is scheduled to be completed by
November 22, 2008.
Proiect IMM-11 - Roadwav Maintenance - project is ongoing -
maintenance continues according to Contract. Contract expires on
September 12, 2010.
Project IMM-5 - Phase IV - Li!:!htin!:! Project
Darryl Richard reported some power problems and 80% of the
installation of the new poles have been completed. He stated the Contract
reflects the Contractor has until December 25, 2008 to complete the
project.
Darryl Richard reported McGee & Associates Contract expired December
12,2008.
Maria Ortiz moved to extend the fiscal year maintenance contract
one year. Second by Bill Deyo. Motion carried unanimously 4-0.
Darryl Richard provided an Exhibit "A" showing boundary expansions.
He suggested the Committee may want to consider the findings by the
CRA Studies on Lake Trafford before making any final decisions and
2
16/1f.~
n
7
recommended having a Workshop with the CRA to discuss the Proposed
Immokalee Area MSTU Revisions.
Bradley Muckel, CRA Project Manager announced the RWA is having a
Public Workshop at the Immokalee Community Park on September 26,
2008 on the Immokalee Area Master Plan and urged everyone to attend.
Maria Ortiz moved for the MSTU to hold a Workshop Meeting with the
CRA on the lake Trafford Road Improvements & Immokalee
Beautification MSTU Boundary Expansion Proposal. Second by Bill
Deyo, Motion carried unanimously 4-0.
Christine Betancourt stated the CRA would like to give a presentation at
the Workshop.
Discussion ensued on holding a Workshop Meeting and the advantage of
holding an Immokalee MSTU Special Meeting immediately after the
Workshop. It was decided to hold the Workshop from 2:00 to 3:00 pm and
the Special Meeting from 3:00 to 3:30 pm on October 8, 2008. The
meeting will be held at Immokalee Community Park.
Maria Ortiz moved to amend the motion to hold a Workshop Meeting
plus hold a Special Meeting immediately after the Workshop on
October 8, 2008, Second by Andrea Halman. Motion carried
unanimously 4-0.
VI. Transportation Maintenance Report - ClM
None.
VIII. landscape Architects Report
A. Maintenance Report - Michael McGee
Michael McGee did a "ride around" the surrounding area and reviewed
maintenance issues and identified the following:
. Crepe Myrtles leaning and some are damaged.
. Replacement of some Crown of Thorns.
. Missing grates need to be replaced or could become a safety
problem.
. Irrigation Boxes need to be cleaned out.
. Will request a quote to clean the Irrigation Boxes.
. Replacement of Foxtail Palms along both sidewalks at 3 locations.
. Need to prune and thin-out Crepe Myrtles and take out crawl
spreads.
. Lights at New Market and Route 29 are burning.
. Trash cans need to be cleaned due to refuge going under the
liners.
. Brick Planters are broken.
Darryl Richard suggested Mike McGee include all the items in the new
Work Order.
3
16/1 h 9
Discussion ensued on the number of banners required and it was decided
12 additional banners need to be ordered to include the new poles in the
new section.
B. Phase II B Project
Michael McGee stated they are currently working on finalizing Purchase
Orders.
Darryl Richard stated the FOOT was doing a Pedestrian Safety Study.
The FOOT will be reviewing and commenting on the Update of Phase II-B
Project. He has not yet received a copy of the review.
He also reported all the submittals have been approved from Bentley
Electric on the Phase IV Lighting project.
IX. Old Business
Tessie Sillery stated the trashcans have been ordered and are scheduled
to be received in 4 weeks.
X, New Business - None.
XL Public Comment - None.
XII. There being no further business to come before the Committee, the
Meeting was adjourned by the Chair at 6:00 P.M.
Immokalee Beautification MSTU
Advisory Committee
~~
These minutes approved by the Committee on ---J () - ~ . ()~
as presented '(<. or amended .
A Workshop & Special Meeting is scheduled for October 8, 2008
Workshop - 2-3:00 PM and the Special Meeting - 3-3:30 PM
The next regular meeting will be
October 22, 2008 - 4:30 PM
At the Immokalee Community Park
321 First Street South, lmmokalee, FL
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16/;1
September 24, 2008
Prepared by:
Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes
Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes
Immokalee MSTU Project Status
(IMM-l7) - ACTIVE - [)arrvi .. Public Meeting - Proposed Ordinance Revision to add Lake
Trafford area parcels.
3-26-08: Diane Flagg confirms that we are to bring itern to BCC for approval. Staff to coordinate
with MSTU Comrnittee on scheduling Public Meeting.
4-23-08: No Quorum
5-28-08: Public Review of Proposed Boundary Expansion scheduled for May 28, 2008.
5-28-08 : Committee approved to put on BCC - their recommendation for expansion.
5-28-08: Item placed in the novus for BCC -June 10" meeting.
5-29-08: MSTU Chairman requests item to be pulled from the bee agenda.
7-23-08: Staff provides map for Committee review at July 23, 2008 regular meeting.
8-27-08: Committee is to identitY specific parcels for the request for boundary expansion.
9-24-08: MSTU Conunittee to review proposed expansion and make specific recommendation to staff.
(IMM- 16) - ACTIVE Darryl Phase IV - CEI Services; AIM Engineering Proposal.
2-27-08: AIM Engineering Proposal for inspection services for $66,710,00 received,
Requires Committee Approval.
2-27-08: Committee Approved Scope,
3-26-08: Signature from AIM Engineering pending for processing Work Order.
S-9-08: Pending when NTP to Construction is given.
5-28-08: Current NTP is anticipated tor 8-24-2008; AIM Engineering has been informed.
7-25-08: PO has been issued; waiting on PO Issue for Bentley Electric prior to NTP for CEI Services
7-25-08 Aim Engineering NTP to end November 22, 2008
(IMM-I I) - ACTIVE-ON(;OIN(; -(poco Tessie Sillery) - Roadway Maintenanee: BID #06-4008--
expires: 9-12-10 "Immokalee Beautification M.S.T.U. IM.S.T.D. Roadway Grounds Maintenance";
Commerical Land Maintenance Contract
9-12-06: BCC Approval of Contract
10-04-06: Notice to Proceed
10-12-7: New Fiscal Year 07-08 - Notice to Proceed.
7-23-08: On going maintenance continues according to contract; Contract Expires on 9-12-10
(IMM-5) -ACTIVE -(FDOT JPA Grant) (POC: Darryl) - (FDOT Funding commitment: $300.00)
SCHEDULE:
lnunokalee MSTU: Phase IV - Lighting Project (JPA Funding) (Hwy 29)
Immokalee MSTU: Phase IV - Lighting Project (JPA Funding) (Hwy 29)
FYI:
PHASE
Start - End Date
100% Plan Submittal
Revised 100% submittal- McGee
FOOT Reciept of revised sheets
FOOT Review
FOOT NTP
9/7/2007
10/24/2007
10/11/2007
1/14/08-2/14/08
4/24/2008
A
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16 I 1 A 9
21 DAY BIDDING
Deadline in Novus
BID DUE
Bce APPR
County Process - Risk Mgt,- County Attorney
NTP CONST
120 Day Substantial Completion
5/5108-6/5/08
6/9/2008
6/5/2008
6/24/2008
approx, 2 months
7-25-08
7/25/08 to 12-25-08
Final Completion Date
12-25-08
UNDER DESIGN 100% COMPLETE-LIGHTING-Immokalee Beatitication Phase IV - Design
(Consultant: Mike McGee)- Design Phase - 30% Completion; McGee & Assoc. Work Order for
$76,944.02 issued NTP Design on 3/25/05.
McGee 60% plans are to be reviewed by StatTand Set up FDOT pre-app meeting with Lisa in ROW. Note:
LISA TUCKER TO SET FDOT PRE-APPLICA nON MEETING DATE. MCGEE TO FILL OUT FOOT
FORM FROM LISA TUCKER. On Jan. 24, 2006 there is a meeting with McGee and Sub-Consultant to
review plans for FDOT Pre-Application.
4- I 7-06 McGee to re-submit plans with corrected project number for review.
5-1-06; McGee & Assoc. is non-responsive in providing requested 60% plans
5-30-06 McGee & Assoc. submitted 60%
6-5-0660% Plans submitted to Staff and FDOT for review. Review Pending.
6-12-06: 60% plans under review by FDOT.
6-27-06: 60% plans under review by FDOT
7-18-06: 60% plans under review by FDOT
8-16-06: 60% plans under review by FDOT
8-22-06: 60% plans under review by FDOT
8-31-05: Email sent to Karen Miracolla for status of60% review.
9-25-06: PBS&J request information from McGee & Associates for project.
10-18-06: Request to proceed with 100% plans submitted to FDOT
I I -8-06: Direction to McGee & Associates to proceed to 100% Drawing Submittal.
1-17-07: Waiting on plans from McGee ~ 100% plans are due into FDOT for this project
3-28-07: 100% plans delivered to FDOT for review. Approval is pending.
4-20-07 - revised schedule below
5-14-07: Still waiting on FDOT.
5-23-07: Still waiting on FDOT
6- 11-07: FDOT has replied with comments - LA reviewing comments
7-23-07: McGee ~ pending Engineer ~ to answer photometric lighting conunents from FOOT made.
8-22-07: McGee - waiting for conunents and revised plans.
9-07-07: McGee submitted plans today. And plans will be submitted for FDOT review 9- 11-07'
9-2 I -07: Updated plans from McGee - re- submittal to FDOT on 9-25-07'
10-24-07: Pending FDOT response
11-06-07: Pending FDOT response
12-10-07: McGee Plans re-submitting to FDOT.
1-7-08: McGee revising plans as per FDOT comments - 100% plans pending.
1-22-08: McGee completed 100% plans - to be forwarded to FDOT (min. 30days)
1-31-08: County submitted 100% plans to FDOT - Michelle Peronto.
7-25-08: NTP Sent to Contractor
9-24-08: Project Electrical Conduit is 80% completed.
2
16/1
"
q
.
(IMM-3) ACTIVE - (POC: Darryl) Immokalee MSTU expanding their boundaries-
SCHEDULE:
lnunokalee MSTU: Boundary Expansion Proposal
5-15-06-RLS sent to Scott Teach -to answer committee questions on expanding boundaries and procedure
of expanding.
5-30-06 - in recent emails Scott Teach advises 50+ petitions to go before the board.
6- I 2-06: Conunittee to petition citizens for proposed change. - Staff has maps complete.
6-27-06; Confirmed with Scott Teach - yes 50%+ I required.
7-18-06: Conunittee on 8-16-06 with Scott teach evaluation on proposal -- conunittee is required to
provide 50% + I petition - prior to proceeding with expansion of boundaries.
8-7 -06: Kevin Lilly to provide assessed values and Dan Regan is to provide survey data for delineation.
Scott Teach is working on sample petition.
8-16-06: Sample Petition Complete, Mapping Complete. County Attorney review and recommendation
pending.
8-16-06: Due to No Quorum Conunittee Action not taken. Committee action required to approve petition
and approval of funding for mailing of petition to residents.
9-20-06: Committee approved Sample Petition and Boundary Expansion and payment for mailing. Mailing
is to have Spanish and Creole language.
10-30-06: Final Petition, Boundary, and List of Names/Properties sent to Scott Teach for review and
approval. Required letter to residents is still pending, Committee Chairman Action required.
12-04-06: Review by committee chairman Rita Avilas pending
1-17 -07: Rita to review and come back with comments at next meeting. Staff requires Committee approval
for draft letter to residents prior to mailing.
I -24-07: Draft letter distributed to committee to review and respond to item.
4- I 0-07: Revised letter as of 3-28-07 Committee recommendations sent to Conunittee Chair for
review/approval.
4-20-07: Schedule will be revised after 4-26-07 meeting:
5- I 4-07: Pending approval from chairman
5-23-07: Requires Chainnan /Committee approval.- committee approved letter in 3 languages
6- I 1-07: Requested for estimate for mailout - mancan
6-25-07: Scott Teach - Reviewing letters, procedure and answering Mancan's questions.
7 -10-07: Dorcas Howard is reviewing the final draft of letters to add one-line statement for clarification
regarding 'Respond by Date'. (August 15, 2007)
7-23-07: On 7-10-07 - County Attorney- Scott Teach - emailedstaff-..Yes.Itis my recommendation
that you bring this to the BCC, perhaps through a member of the Advisory Conunittee, prior to taking any
further action.". - MSTU will be meeting in September 07.
8-22-07: Conunittee to select member to attend BCC meeting and present before the board.
9-24-07: Committee to select member to attend BCC meeting and present before the board.
9-24-07: No Quorum Again - Only Miss Thomass was present.
10-24-07: Committee selected Cheryl Thomas to assist getting things done and speaking to conununity
members and William to speak to bcc and introduce Darryl to speak.
I I -28-07: No Quorum.
12-26-08: No meeting holiday
1-25-08: Committee did not discuss, but requested CRA Executive Director to attend and introduce
herself.
3-25-08: Committee Chair asked BCC to come back to board and expand boundaries - BCC stated no
need for petition. - Immokalee mstu was not created with a petition.
5-29-08 : Committee Chair requested to pull item from BCC agenda. To be reviewed 6-25-08.
7-23-08: Staff provided map for Conunittee review during July 23, 2008 regular meeting. Parcels need to
be verified by Committee for inclusion in boundary expansion proposal.
8-27-08: Committee is to identify specific parcels for the request for boundary expansion.
9-24-08: Committee to make specific recommendation to stafffor boundary expansion.
3
1611
11
9
fxt'I'\Jct
A,
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, ~ort\l
CONSERVATION COLLIER
LAND ACQUISITION ADVISORY COMMITTEE
November 10, 2008, 9:00 A,M,
Commission Boardroom
. ~"",,\'i .,,,,,,,,,,ss,one"\N, Harmon Turner Building (Building "F"), Third Floor
AGENDA Fiala
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,ECEIVED
') r" ~ r, '1008
'.,." .] U t.
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I.
II.
III.
IV,
RollCall
Approval of Agenda
Approval of October 14, 2008 Minutes
Old Business:
A, Real Property Managernent Update - A-list properties
I. Overall Status
V,
B. Contracts
I. Pepper Ranch - contract review and property naming
........"'"'... -.
2. NGGE Unit 53 - Depes~1fa, Gonzalez:' Mir, Palacios
3. Winchester Head - Berman/Celsnak Trust
4. Camp Keais - Bortnick, Darby, Griffin, Schaab
C, Conveyance proposals update - staff
D, Prograrn financial status update - staff
E, Real Property Management trends update - sta1
New Business ~
A, ICSRs
1, Joyce
B, Cycle 6 proposal updates - scoring charts
C, Refresher - development of Active Acquisition list
D, Conservation Collier Logo proposal
E, Benfield Road Restoration Management Plan
F, Starnes Panther Conservation Bank Agreement
G, Outstanding Advisory Comrnittee Member Prograrn
H. Coordinator Communications
VI. Subcommittee Meeting Reports
A, Outreach - Tony Pires, Chair
B, Lands Evaluation and Management - Marco Espinar, Chair
C. Ord, Policy and Procedures - Will Kriz, Chair
VII, Chair Committee Member Comments
VIII. Public General Cornments
IX, Staff Comments
X, Adjourn
16/1
1110
******************************************************************************************************
Comrnittee Members: Please notifv Alexandra Sulecki at 252-2961 no later than 5:00 D,m, on
November 7, 2008 if vou cannot attend this rneetinll, Mise CoINs:
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October 13, 2008
v
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MINUTES OF THE MEETING OF THE CONSERVATION
COLLIER LAND ACQUISITION ADVISORY COMMITTEE
Naples, Florida, October 13,2008
LET IT BE REMEMBERED, that the Conservation Collier Land
Acquisition Advisory Committee, in and for the County of Collier, having
conducted business herein, met on this date at 9:00 AM, in REGULAR
SESSION at Administrative Building "F", 3rd Floor, Collier County
Government Complex Naples, Florida with the following members present:
CHAIRMAN: Bill Poteet (Excused)
VICE CHAIRMAN: Will Kriz
Marco Espinar
Wayne Jenkins
Michael Delate
Tony Pires
Jeffrey Curl
Mimi Wolok
Jon Staiger
ALSO PRESENT: Jennifer Belpedio, Assistant County Attorney
Cindy Erb, Real Property Management
Alexandra Sulecki, Conservation Collier Coordinator
Christal Segura, Conservation Collier Land Manager
Roosevelt Leonard, County Appraiser
Anissa Karim, Environmental Specialist
John Yonkosky, CC Budget Director Misc. Corl'es
Claudine Auclair, Transportation Planning D5IftW:
Item 1:___
Copies to:
16jlAlO
October 13, 2008
I. Roll Call
Vice Chairman Will Kriz called the rneeting to order at 9:00AM, Roll call was
taken and a quorurn was established.
II. Approval of Agenda
Alex Sulecki noted under itern 4E,2 the Land Developrnent Code (LDC) arnendrnent
was pulled frorn the current cycle of LDC arnendments,
Mr. Pires recommended tabling 4E.2 until the amendment language is re-subrnitted,
Mr. Delate moved to approve the agenda subject to the following change:
Item V.B, I "Gore, McGinnis, Stims" to "Gore, McGinnis/Purpero, Stims"
Second by Mr, Espinar. Carried unanimously 8-0.
III. Approval of Septem ber 8, 2008 Min utes
Mr. Delate moved to approve the minutes of the September 8, 2008 meeting subject
to the following correction:
Page 7, paragraph 5, line I frorn "available resources for the Prograrn rnay be
spent..," to "available resources for the Prograrn must be spent... "
Second by Mr, Staiger. Carried unanimously 8-0.
IV. Old Business:
A. Real Property Management Update - A -list properties
L Overall Status
Cindy Erb, Real Property Management provided the following updates:
Trinh/River Road - approved by Board of County Cornrnissioner on
9/23/08; closing docurnents in preparation
Winchester Head - 1 agreement presented 10/13/08 under Contracts; 6
accepted offers; I rejected offer; 6 remain undecided
Stiffler Specialties, Inc. - Closed on 9/22/08
CAC Land Trust - Closed on 10/08/08
Berman/Celsnak - Closing in approximately 30 days; to date 24 otTers
accepted; 3 rejected; 3 undecided, 13 agreernents for 15 parcels presented
today under Contracts
Kave Homes - Closing in November
Camp Keais - 6 accepted offers; I undecided; I agreernent presented today
under Contracts
2. Hamilton
The owner has reduced the asking price from $2,174,650 to $1,913,000 which
constitutes new information so the item may be returned to the Board of
County Cornrnissioners for re-consideration. Staff continues to work with the
Conservation Fund in pursuit of a possible grant amount of $1 M to aid in
acquisition of the parcel. No action is required unless there is an objection by
the Committee.
Mr. Espinar stated he objects to the acquisition without Grant funding as the
price is too high. A(lc-\.Qr\: Tkc(O'ilm,lt(.;: (:cf;o {{(.,..;~IC(~' (~\\(\ fC'l C'bJ2(-\
2
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October 13, 2008
3. RJS LLC
The parcel under consideration is 8.31 acres larger in size than originally
reported, A new appraisal will be conducted by Roosevelt Leonard, County
Appraiser which will add approximately $80,000 to the purchase price, No
action is required unless there is an objection by the Committee,
Mr. Delate. stated he objected to acquiring par~e1s in this are~, .[
f,0ctec\ , ~1J..( (opln\(lfcc n,>c\ i--.'hCl,CC{,d r\DI ~l)Jer:\
B. Contracts
1. Pepper Ranch
Alex Sulecki, Conservation Collier Coordinator reported the contract is still
in draft fonn as there have been additional comments from County Staff,
Committee mernbers, Sellers and their Attorney, etc. She noted the intent is to
present the contract to the Board of County Commissioners on November 18,
2008, She recommended the Committee fonnulate a plan to finalize the
contract for their rneeting so it rnay be approved.
She reviewed the document entitled" Agreement for Sale and Purchase"
between Lake Trafford Ranch, LLLP and Collier County prepared by the
County Attorney's office dated 10-10-08,
It was noted the draft is color coded with County cornments/revisions in
yellow, Sellers cornrnents/revisions in blue and Cornmittee rnember Anthony
Pires cornrnents/revisions in red,
An e-mail, subject: "Cornrnents on Proposed Pepper Ranch Contract" frorn
Comrnittee member Mimi Wolok to Alex Sulecki, dated October 12,2008
was entered into the record,
Jennifer Belpedio, Assistant County Attorney recornmended the item be
referred to sub-committee for discussion in detail and the final docurnent be
presented to the full Committee at the regular Novernber rneeting, It was
noted this will be an Ordinance, Policy and Rules Subcornrnittee rneeting and
open to the public,
Speaker
Dick Grant, Attorney for Lake Trafford Ranch, LLLP expressed concern
the next Conservation Collier rneeting may be held after the cutofffor items to
be placed on the Board of County Commissioners (BCe) agenda, He
suggested the cornrnents or concerns regarding areas in the Contract be voiced
today so they may be addressed,
It was noted there is ample tirne to complete the task by Subcomrnittee for the
next regular Conservation Collier rneeting, Financing issues rnay also need to
be addressed.
The Ordinance, Policy and Rules Subcornrnittee will meet on October 24,
2008 at 9:30AM to address the document for subrnittal to full Committee,
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October 13, 2008
Mr. Delate stated he has been approached by individuals in the
Econornic/Developrnent Cornmunity who expressed concern over the County
acquiring this parcel during the current economic times
Mr. Pires expressed concern over the current economic times and associated
real estate values and questioned if the property should be re-appraised; in
addition potential issues regarding bonding capacity should be investigated,
It was noted the Contract is contingent on the County being able to arrange
financing.
Ms. Wolok stated individuals have approached her in support of the
acquisition and noted money was allocated to the Prograrn via a voter
referendurn.
Speaker
John Yonkosky, County Budget Director addressed financing issues noting
the bond would be backed by ad-valorern with an interest rate in the 4 to 5,5
percent range, The rating anticipated is a "triple A" (AAA) rating, He will be
available via telephone for the October 24, 2008 Ordinance, Policy and Rules
and Subcornmittee meeting if necessary.
Jennifer Belpedio suggested any cornments for the October 24, 2008
Subcommittee meeting be submitted to Staff in advance.
Cha..l<f.c\; 3
2. NGGE Unit Sj. - Less, Neri, Toledo, Jackson, Jones, Kissinger, Beardsley,
Blake (2), Celsnak, Flores (s), Rosillo. Scheckler, Shryock
Mr, Espinar moved to approve the following Executive Summaries and
attached agreements:
Approve an Agreementfor Sale and Purchase for 1.14 acres under the
Conservation Collier Land Acquisition Program, at a cost not to exceed
518,700 (Less)
Approve an Agreement.for Sale and Purchasefi)r 4.48 acres under the
Conservation Collier Land Acquisition Program, at a cost not to exceed
57J, 900 (Neri)
Approve an Agreement/or Sale and Purchase for3.49 acres under the
Conservation Collier Land Acquisition Program, at a cost not to exceed
556.100 (Toledo)
Approve an Agreement.for Sale and Purchase .for 1.59 acres under the
Conservation Collier Land Acquisition Program. at a cost not to exceed
526,000 (.Jackson)
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October 13, 2008
Approve an Agreement for Sale and Purchase for 2.27 acres under the
Conservation Collier Land Acquisition Program, at a cost not to exceed
$36,800 (Jones-RMSP)
Approve an Agreementfor Sale and Purchaseforl.59 acres under the
Conservation Collier Land Acquisition Program, at a cost not to exceed
$26,000 (Kissinger)
Approve an Agreementfor Sale and Purchasefor 1.14 acres under the
Conservation Collier Land Acquisition Program, at a cost not to exceed
$18,700 (Beardsley)
Approve an Agreementfor Sale and Purchase for 2. 73 acres under the
Conservation Collier Land Acquisition Program, at a cost not to exceed
$44,600 (Blake)
Approve an Agreementfor Sale and Purchase for 1.59 acres under the
Conservation Collier Land Acquisition Program, at a cost not to exceed
$26,000 (Celsnak Tr.)
Approve an Agreement for Sale and Purchase for 4.32 acres under the
Conservation Collier Land Acquisition Program, at a cost not to exceed
$69,800 (Flores)
Approve an Agreement for Sale and Purchase for 5.0 acres under the
Conservation Collier Land Acquisition Program, at a cost not to exceed
$80,000 (Rosillo)
Approve an Agreementfor Sale and Purchasefor 2.27 acres under the
Conservation Collier Land Acquisition Program, at a cost not to exceed
$36,800 (Sheckler)
Approve an Agreement for Sale and Purchase for 1.14 acres under the
Conservation Collier Land Acquisition Program, at a cost not to exceed
$18,700 (Shryock)
Mr. Delate stated he would vote for the rnotion but is not in favor of
acquiring any properties other than those the Comrnittee has already agreed to
"go ahead with."
Second by Mr. Curl. Curried unanimously 8-0.
3. Winchester Head - Jones
Mr. Jenkins moved to purchase the property ( approve the Executive
Summary entitled "Approve an Agreement for Sale and Purchase for 1.59
within the Winchester Head Multi-parcel Project under the Conservation
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October 13, 2008
Collier Land Acquisition Program, at a cost not to exceed $30,000 (Jones-
WH.)) Second by Ms. Wolok. Carried unanimously 8-0.
4, Camp Keais - Tucker
The Executive Surnrnary indicates an appraisal value of $9,800 for the
property; and includes the cost of the appraisals for all of the parcels in the
area of acquisition.
Mr. Delate moved to not approve the Contract (Executive Summary entitled
"Approve an Agreementfor Sale and Purchase for 10.0 acres under the
Conservation Collier Land Acquisition Program, at a cost not to exceed
$35,500 (Tucker)" and attached agreements). Second by Mr. Espinar,
Mr. Delate noted in his opinion the Prograrn should not purchase parcels in
this area.
Mr. Espinar noted the parcels are more suited for acquisition by other
Prograrns (private sector rnitigation) and there is no public access to the
parcels,
Motion carried 7 yes - I no. Mr. Pire.~ voted "no."
Discussion ensued on the wording of an alternative rnotion. Even though the
Cornrnittee recommended not purchasing the parcel, the item will still appear
with the recornmendation before the Board of County Comrnissioners for a
final decision.
Mr. Pires lefi at JO:06AM
Ms. Wolok moved to indicate the rejection was based upon a lone parcel and
that more parcels in the same area should be presented to the Committee at
the same time rather than a lone parcel. Second by Mr. Staiger.
Motion failed 4 no - 3 yes.
Ms. Wolok, Mr. Staiger and Mr. Curl voted 'yes."
Mr. Pires returned at JO:09AM
Mr. Delate requested Roosevelt Leonard, County Appraiser provide an
evaluation to the Committee on trends of "raw land prices" for informational
purposes.
C. Conveyance proposal updates
Alex Sulecki reported the following:
Benfield Road
. Managernent Plan under review
. Phase I Site Environmental Assessrnent being arranged
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October 13, 2008
. Exotic Contract Rernoval under review
Calusa Reserve
. Managernent Plan su.brnitted
. Comments sent to Consultant
. No response as of yet
D. Freedom Park update - Margaret Bishop, Sr. Project Manager,
Transportation/Stormwater Dept.
The Comrnittee viewed a Power Point presentation regarding the status of
Freedorn Park located on the northeast comer of the intersection of Golden Gate
Parkway and Goodlette Frank Road. The total cost ofthe construction is $9,2M
including boardwalks and educational facilities,
E. Donations of Lands or funds as option for offsite native vegetation
preservation
1. PUD language
Alex Sulecki provided a copy of a proposed rnernorandurn to Bill Lorenz for
input on PUD language,
Mr. Pires recommended the documents reference the actual narne of the
Collier County Trust fund responsible for receipt of the payments for
endowments.
Ms. Wolok moved to approve the memorandum from Conservation Collier
Land Acquisition Advisory Committee to Bill Lorenz, Director, Engineering
and Environmental Services dated October 7, 2008 Subject: "PUD
Language regarding donation of land or funds to Conservation Collier in
lieu of onsite native vegetation preservation" with the addition of Mr. Pires
above recommendation.
Second by Mr, Curl. Motion carried 6 yes - 2 no.
Mr. Espinar and Mr. Delate voted "no."
2. LDC amendment language
Tabled
Mr. Pires left at JO:3IAM
V. New Business
A. Cycle 6 applications list
1. Late applications - Joyce and Kelley Trust
Christal Segura presented the applications noting the deadline for the Cycle's
(Cycle 6) applications was August 15, 2008, The Joyce application was
received on September 12, 2008 and the Kelly parcel was received on August
21, 2008, She noted action would be required to consider the parcels further.
Mr. Espinar moved to not add the Kelley property to Cycle 6. Second by Mr.
Jenkins, Carried unanimously 7-0.
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October 13, 2008
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It was noted this parcel could be added to Cycle 7,
Mr. Jenkins moved to accept the Joyce parcel in Cycle 6.
Second by Ms, Wolok. Carried 6-1. Mr. Delate voted "no."
Mr. Pires returned at lO:35AM
B. ICSRs
1. Gore, McGinnis/Purpero, Stirns
Gore (Naithloriendunl
Alex Sulecki noted the following:
. Score 239 out of 400
. The parcels are located north of 175
. Estimated market value = $2.331,500
. Dr. Gore is willing to include the home site parcel in the acquisition
but wishes to remain on the property a "couple of years"
. Transportation Departrnent may partner in the acquisition for
rnitigation purposes; other partnerships are being investigated
. The actual acreage of the acquisition is 183.52 acres, not 197 +/- stated
in the report
. The actual estirnated market value of the property is $12,500/acre, not
$1 250/acre as indicated on page 7 of the report
The status of standing water on the parcels should be provided before a vote on
the parcels; purchase of the parcels should be a group including the horne site
with the reservation of a life estate or other rernedy for Dr, Gore (right oftirst
refusal to County, etc,)
McGinnis/Purpero
Christal Segura, Conservation Collier Land Manager noted the following:
. Score 185 out of 400
. The parcels are located on the Southwest Corner of the intersection of
Pine Ridge Road and Logan Blvd
. Cornbined total area is 7,67 acres
. Two parcels to the west may be available as well
. Estimated market value = $1,073,000
. Transportation is interested in partnering in a portion of the acquisition
for the McGinnis parcel for proposed irnprovements of Logan Blvd;
the land involved in the irnprovernents has already been acquired from
the Purpero property
Discussion ensued regarding the status of the existing property lines and related
easements (do the property owners own to the centerline of the roads with
easements to the County or did the County acquire right-of-way via fee sirnple),
8
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October 13, 2008
the cost to Transportation Department for the right-of-way on the PUrpero parcel
and the acreages involved,
Roosevelt Leonard, County Appraiser stated the Transportation Department
paid $76,250 ($5.30 sq/ft) for the right-of-way acquisition on the PUrpero
property. He noted this cost rnay have included attorney fees, etc, and not just
land costs.
It was recornmended these issues be clarified before the next vote is taken on the
properties.
Stirns
Anissa Karim, Environmental Specialist noted the following:
. The parcel is an addition to the Rivers Road properties
. Score 224 out of 400 (the score represents all of the River Road
properties combined with Stirns added)
. Estirnated Market Value = $980,000
. There are a variety of structures on site that may be utilized by the
Program
. A County Building Inspector estimate $40,000 will be required to
rnake the buildings Code Cornpliant for public use
It was recommended the following infonnation be assernbled before the vote on
the parcel:
. Status of easement rights for public use on Moulder Road and
detennine who is required to rnaintain the road
. Estimated costs to upgrade the roadway if necessary
. A copy ofthe original septic systern design
. Status ofthe School Board construction tirnetable for the project at
lrnrnokalee Road/Moulder Drive
Speaker
Lou Stirns, landowner noted the septic field is "large" with a 1250 gallon septic
tank. Currently, he maintains the roadway,
C. Freitas Interim Management Plan
Mr. Delate moved to approve the document entitled "Conservation Collier:
Freitas Property Interim Management Plan - 2nd Draft" dated October 2008.
Second by Mr. Curl. Carried unanimously 8-0.
D. Outstanding Advisory Committee Member Program
None
E. Coordinator Communications
None
VI. Sub-Committee Meeting Reports
A. Outreach - Tony Pires, Chair
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October 13, 2008
The Comrnittee has been rneeting to re-evaluate the Program's brochures and
discussing Public School interaction possibilities for the Program, A general
Conservation Collier updated brochure was handed out with staff advising the
goal is to approve distributing it to the public at an upcoming event. No vote was
taken,
B. Lands Evaluation and Management - Marco Espinar, Chair
There will be a meeting on October 24, 2008 at 8:30AM
C. Ordinance Policy and Procedures - Will Kriz, Chair
There will be a rneeting on October 24,2008 at 9:30AM
VII. Chair Committee Member Comments
Mr. Espinar requested Staff provide an update on the ramifications of falling
property values in relation to the Program's budget and an overall status of funds
available,
The cattle lease requirement of lirniting 100 head of cattle on Pepper Ranch should be
re-considered to reference the total nurnber of cattle the leased area can sustain and
also clarification on gun licensing requirernents and types of firearms allowed for
individuals when rCHl8viAg lo'J3es of livestock referenced in the Contract.
( h,f ; w-::Vj\: (l i' ,,'-",1 ( h , .'\'j
VIII. Public General Comments
Amber Crooks, Conservancy of Southwest Florida noted the Conservancy has
comments on Off-site Preserves Land Developrnent Code Amendments and asked
when the Committee would review the proposed draft.
Alex Sulecki noted when the draft is rnade available to thern, it will be reviewed,
IX. Staff Comments
None
There being no further business for the good of the County, the meeting was
adjourned by order of the chair at 11 :50 A,M,
Conservation Collier Land Acq uisition Advisory
Committee
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October 13, 2008
These minutes approved by the Board/Cornmittee on .tlerz;- / t> 7- {'." i
as presented or as amended ~
11
Co~T County
~-
16Jl~lO
Memorandum
To:
Sue Filson, Executive Manager, Board of County Commissioners ~
Alexandra Sulecki, Conservation Collier Program Coordinator (p
From:
Date:
November 10, 2008
Subject:
Transmittal of approved signed Minutes from the October 13,2008
Conservation Collier Land Acquisition Advisory Committee Meeting
Please tind attached the following:
. Approved, signed Minutes from the October 13,2008 Conservation
Collier Land Acquisition Advisory Committee Meeting
Please call me at 252-2961 if you have questions.
Environmental Services Department
Community Development & Environmental Services Division
Fiala Df'/4f.-""1
Halas f 1/1 rUl
HenNn9~'.
Coyle
Coletta
CLAM BAY COMMITTEE OF THE
PELICAN BAY SERVICES DIVISION
Naples, Florida, May 21, 2008
!{-'. r-
16'/ 1 A 1 ,!"<c~'
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1\ ii-C,
. V .___
'1 2008
';{;;1InA ,; ilJ"tv l:;or'limi5Sloners
LET IT BE KNOWN, that the Clam Bay Committee of the Pelican Bay Services Division, met in REGULAR
SESSION on this date, May 21, 2008 at 10:00 A.M. at the Hammock Oak Center, 8962 Hammock Oak Drive, Naples, Florida,
with the following members present:
Mr. James Burke, Acting Chairman
Ms. Mary Anne Womble
Mr, John Domenie (Absent)
Dr. Ted Raia
Ms, Annette Alvarez
ALSO PRESENT: Mr. John Petty, Division Administrator, Pelican Bay Services Division; Ms, Janice Lamed, District Offices,
LLC; Mr. Kyle Lukasz, Field Operations Manager, Pelican Bay Services Division; Mr. Tim Hall, TurrelL Hall Associates, Inc.;
Marcia Cravens, Mangrove Action Group, Doug Finlay, City of Naples; Ms, Barbara Smith, Recording Secretary.
AGENDA
I. RollCall
2, Approval of Minutes oftbe March 19, 2008 Meeting
3. Audience Participation
4. One Year Extension of Exiting Permit Approval
5, Discussion of Outstanding Issues of Existing Permit
6, Status Report on Application for New Permit Focusing on
Mangrove Maintenance and Hydraulic Balance
7, Clam Bay video Dissemination Status
8. Audience Conunents
9. Adjourn
ROLLCALL
CHAIRMAN BURKE: If everyone will take his or her seats, I am going to call the meeting to order. It's 10 o'clock.
Jim Burke will be the acting chairman in the absence of Chairman John Domenie. Barbanl, can we have the roll call?
MS, SMITH: Let the record reflect that three of the five board members are present, Mrs, Womble is probably running
late; and Mr, Domenie is absent.
CHAIRMAN BURKE: 1'\1 ask for a motion to approve the minutes of the March 19th meeting as given to us.
MS. SMITH: Mr. Burke, who made the first and second motion on that? Who made the motion and second?
DR. RAlA: It sounded like I did both.
MS, ALVAREZ: I'll do the second.
CHAIRMAN BURKE: Yes,
MS. SMITH: Okay, Thank you,
Mile, CoINs:
011I: t~ -Dl-tfl,
Item" 10 ILl)A-ll
CHAIRMAN BURKE: All in filvor? All opposed?
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Clam Bay Committee Meeting
Mav 21. 2008
16/ I AIr
Dr, Rata moved seconded by Ms, Alvarez and approved unanimously the Minutes of
the March 19,2007 Meeting.
---- ------ - ----- - - - -- --- - ----- ---
AUDIENCE COMMENTS
CHAIRMAN BURKE: At this point, we will have audience participation. Do we have anybody that would like to
conunent at this point?
MR, FINLAY: I'm Doug Finlay, City of Naples. I'm involved in a Collier County mixing study group with Jim Burke,
And at that mixing study work group, Dr. Tomasko wanted to do five-random-site water quality testing in Moorings Bay for a
period of at least three months; as well as install flow meters at the Park Shore and Harbour Drive bridges, I'm just here to let you
know that the taxing district of the Moorings Bay Citizens Advisory Committee, which oversees the taxing district for Moorings
Bay, did vote yesterday to fund the rental of those flow meters as well as the additional random-site testing that Dr. Tomasko
wants to do, There was also a depth survey of the bay that Dr, Tomasko was wanting, which I did find one that was done in full
throughout the entire bay in '06 and '07 that was given to Gary McAlpin yesterday as well. Whether that will suffice for what Dr.
Tomasko needs, I don~ know, but I just wanted to let you know that the Moorings Bay people acted very fast on what Dr.
Tomasko was wanting,
CHAIRMAN BURKE: The random-sampling sites are in Moorings Bay?
MR FINLAY: Yes, north, all five north of Doctor's Pass, And actually, the taxing district okayed money beyond what
Gary thought it would cost, just in case Tomasko, for some reason, wants to expand the number of sites or lengthen the duration
of the study or something like that,
CHAIRMAN BURKE: Thank you. Next, we have Marcia Cravens and Marcia will need a mike.
MS, CRA YENs: Hi, I'm Marcia Cravens, Mangrove Action Group, In terms of mixing studies, I have a question for
both Doug Finlay and the board members here, I believe that, within our Management Plan and also showing in the budget
minutes, in the budget docwnent, there are mixing studies that go on annually at the culverts of Seagate Drive, Is Dr, Tomasko
addressing that also as a duplication? And do we have that information that, I believe, Hwniston & Moore should be doing
annually also? Does anybody know? There's supposed to be flow studies at the culverts there at Seagate Drive on an annual
basis,
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Clam Bay Committee Meeting
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MR. FIN LA Y: Tim Hall mentioned that at the meeting.
MS. CRAVENS: Okay,
MR, FINLAY: This is in addition to, in other words, Tim those flow meters; he doesn't install any flow meters down
further in the bay or, as far as I know, up at Clam Pass.
MS. CRA YENS: I believe that you have portable flow meters, Right, Kyle?
MR, LUKASZ: Just at the culvert points,
MS. CRA YENS: At the culvert, So you do have information about how much mixing occurs at Seagate Drive,
MR, LUKASZ: How much !low goes through the culverts?
MR. LUKASZ: Yes.
MS, eRA YENS: I know the Mangrove Action Group is certainly interested in that information, Thank you,
CHAIRMAN BURKE: I want to suggest something, I was going to do it later, but the Clam Bay train has left the
station. And when we went to the County Commission, as is our right to do, we were given direction, It's not the direction that I
had intended it to take, but it's left the station, So we have the opportunity to either join in and work with this situation or to
continue to cede responsibility and authority, I'm actively trying to recruit interested Pelican Bay property owners to begin to take
part in all of these discussion groups. I would encourage anybody to volunteer to get involved with these groups, stay informed,
Any other speakers?
DR, RAIA: I'd like to ask Doug a question,
MR. FINLAY: Yes,
DR, RAIA: Doug, is there going to be some coordination with water studies done in other parts, like in Venetian Bay
and Clam Bay so that the data could be used collectively?
MR. FINLAY: Yes, as fur as I know, Venetian Bay and Moorings Bay in my mind are the same thing, Venetian Bay is
I guess you would call ita subsection of ,........
DR. RAJA: Because it's north.
MR. FINLAY: Yes. When I refer to Moorings Bay, I'm referring to everything from Banyan Drive at the south end of
Lowdermilk Park all the way up to Seagate Drive.
DR. RAJA: Okay.
MR, FINLAY: For the mixing study, we're really only concerned about the part of the bay from Doctor's Pass to
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Seagate, which is about two-thirds of the body of water. There has been water-quality-testing going on in Moorings Bay for
years, And it's published, been published on the website that Save the Bays does, The city does not do that water testing. It's the
Save the Bays, which is a concerned citizens group in Moorings Bay that live on the water, I'm one of those. I was on the board
of directors with the Conservancy, And Save lhe Bays has paid for this testing, It's only done quarterly, and it is not to the same
standards that Mike Bower is doing, for example, in Naples Bay. It is not done by a state-certified individual. It's done by Kathy
Worley, That fixed-site wateHluaIity-testing is going to be expanded to be done monthly. This is separate from the Tomasko
random-site testing, The fIxed-site testing is going to be expanded to be done monthly with expanded parameters with certifIed
personnel that would not be Kathy; it would be Katie out of Mike Bower's office. So those are going to be lhe same standards
that I believe you're going to be doing; the County's going to be doing in Clam Bay; we're going to be doing in Moorings Bay; and
it is going to be done in Naples Bay, So you're right.
DR.. RAJA: That's what I was leading up to, because many studies that had been done in the past apparently didn't meet
the standards,
MR, FINLAY: Right.
DR, RAJA: And, then they can't use the data. So everybody will be recording it. Good.
MR. FINLAY: Anolher thing you might be interested in, even though it's a city issue, Mike Bower has been separated
out of Community Services, He is now his own departtnent. Natural Resources is going to report now directly to the City
Manager's office, So basically, Mike has been elevated to a division head, although it's a very small division,
DR. RAJA: Yes,
MR. FINLAY: I think that is an example of Mike's importance in the area of natural resources and the environment and
things like lhat. Basically, I think it's good for everybody,
DR. RAJA: Good, Thank you,
CHAIRMAN BURKE: I might also add that Tim Hall is a member of lhe mixing discussion group, correct? Tim
brings a wealth of knowledge and background and experience, Marcia?
MS, CRAVENS: I'm Marcia Cravens, Mangrove Action Group, I'm a Pelican Bay resident. I don~ believe that that
boat has sailed completely in tenns of what will transpire for management of both the Clam Bay system, which ends at Seagate
and I do believe that it was erroneous information when Dr, Tomasko claimed that Clam Bay extended soulh of Seagate Drive.
There are watersheds south of Seagate Drive, but they are not in the basin of Clam Bay, And I believe that there will be some
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Clam Bay Committee Meeting
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docwnentation that will support that, which I am currently researching, I believe that there are water-quality problems in those
basins in the watersheds south of Seagate Drive; and certainly, everything necessary should be done to address that. However,
there is some difference of opinion, and there is documentation, as to what the watershed of Clam Bay and the basin of Clam Bay
is. All that docwnentation will be being presented to both the commissioners and to the state agencies. Thank you,
DR. RAIA: And, Mr, Chairman, I think there is unanimity on the board that we are all interested in water quality and in
demonstrating that we have quality water. If there is a problem, we want to take care of it. As fur as the mangroves go, I any
conflict there, We should be able to take care of the mangroves and, at the same time, look at the water. We should not try to
create a problem there, Now, hopefully, we will deal with this under Item 6 when we come to the maintenance, I'm interested in
that solving some of the discourse we've had. But the record should show that we are ail interested in having quality water.
STATUS OF ONE-YEAR EXTENSION OF THE PERMIT
CHAIRMAN BURKE: Any other comments from the audience? Okay. We'll move on to the one-year extension of the
existing permit approval, which bas been granted, correct?
DR. RAJA: Yes,
CHAIRMAN BURKE: Do we have a docwnent, Tim?
DR. RAIA: We have a letter saying"".""
MR, PETTY: Just for reporting purposes,
DR. RAIA: So if you have nothing else to add -
MR. HALL: Yes. It's been granted by the Corps, The extension basn1 been formally granted by DEP yet. So half of
our permits have been extended
DR, RAIA: We need another one, Okay.
CHAIRMAN BURKE: So if nothing else, that puts us at ease, should there be an event that closes the pass, we can go
in and dredge it.
MR, HALL: WelL we have between now and July to get the extension from DEP.
CHAIRMAN BURKE: Oh, okay,
MR. HALL: Once we have both in hand, then we're good for another year.
CHAIRMAN BURKE: Okay. Any comments on that at ail? Anybody? That's good news.
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DISCUSSION ON OUT STANDING ISSUES ON EXISTING PERMIT
MR. PETTY: Based on the last meeting where you asked staff to work with regulatory agencies.
CHAIRMAN BURKE: Oh, yes.
MR, PETTY: I believe this is on signage. And I think Tim has been in correspondence with them and has some
information to bring to your attention.
COURT REPORTER: Can you state your name?
MR HALL: Yes, I'm sorry. Tim Hal~ Turrell, Hall Associates, The woman at the Fish and Wildlife Conservation
Commission, Tara Alford, got back into town last week. And I have not had any direct contact with her yet in regards to whether
or not she is approving the modification to the language in the informational signs that the county Coastal Zone Management
office bas provided her. DEP is waiting on that determination from the Conservation Commission in terms of whether or not they
would then amend the permit to allow that change in language, If that's the case, then tbat's really the last outstanding issue that we
have with regards to the permit
CHAIRMAN BURKE: The Coast Guard does not get involved in it?
MR, HALL: The Coast Guard wouldn\ be involved in that signage, because they're informational signs only.
CHAIRMAN BURKE: Okay.
MR. HALL: They would be involved normally in terms of permitting them, but those signs are already permitted in our
existing permits, So once the language is okayed by the Conservation Commission, we don't need anything else for those to be
installed,
CHAIRMAN BURKE: So we're just waiting to hear from Fish and Wildlife or DEP, I guess.
MR. HALL: Right,
CHAIRMAN BURKE: Okay.
MR. HALL: And then the last meeting, I was asked to contact DEP to see whether or how our compliance with that
condition was being viewed by the agencies, Basically, it is well understood that it's a condition in the permit that can\ be met;
however, in order to clean up the permit, they want that language modified in the resolution with the Conservation Conunission
on how to resolve that.
DR. RAIA: Tim, are these signs supposed to be regulation signs?
MR. HALL: No, the issue was that the informational signs and by those I mean the "Idle Speed", etc,
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DR. RAIA: Yes, that's at the entrance, I don't care what they say or how big they are at the entrance,
MR, HALL: No, no, no. But those two signs, the "Idle Speed" and the one that was required to say "Tilt Motors, Sea
Grasses Present, Fines Could be Assessed," the language of that sign is viewed as regulatory in nature by the Conservation
Commission. And they are not authorized to permit regulatory signs unless it's for public health, safety, and welfure, They can~
pennit regulatory signs for resource conservation. So the "Idle Speed" sign is relative to health, safety, and welfure, because we
have people swinuning at the pass. We have canoes in these constricted waterways that a boat coming around the corner at high
speed wouldn't be able to see and stop in time, So the "Idle Speed" signs are allowed according to the regulations; however, the
"Tih Motor" signs are not So the language that was proposed then made those signs informational instead of regulatory.
DR. RAlA: These coastal waters are charted, I preswne, And the charts do show the average low depth at anyone time,
right?
MR. HALL: Depending on which chart you're looking at, yes, Some of them show mean sea level; some of them
show......
DR. RAIA: So even in Clam Bay, because my concern is that a sign coming in should alert boaters, especially
somebody just boating down from Fort Myers, that, "If you enter here the average depth could be only one foot." And, even
tilting your motor may not be helpful there. So unless the charts show this and, therefore, the responsibility is on the boater, that
he should have charts ifhe's going in the waters,
MR. HALL: Several of the charts actually designate the bays as non-navigable.
CHAIRMAN BURKE: Do they?
MR. HALL: They do, they dn delineate the bays, because of shallow water depths.
DR, RAJA: So that hay is delineated as non-navigable?
MR. HALL: Non-navigable on many of charts that are produced.
MS. CRAVENS: Yes,
DR. RAlA: Wait a minute, Either it's navigable or it's non-navigable. If I want to go in there, do I pick up a chart that
says "navigable"?
MR. HALL: There a legal definition and a practical consideration. Legally, they are defined as navigable waters in this
state. They're directly connected to the Gulf of Mexico; and you can boat in and out of the hays. So legally, they are navigable,
Practically, because of the size of the bays and the shallow water depths, a lot of charts mark them as non-navigable because of
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the normal drafts that they assign to boats traveling through the Gulf and .....
DR RAIA: Who issues these charts that show it as non-navigable?
MR. HALL: The Coast Guard has some charts,
DR RAIA: So they are official. They're not private charts; they're government agencies.
MR HALL: Yes, they're official charts,
DR. RAIA: Okay, So are we required to put up signs because one agency says it's navigable water. or we don't have to
put up signs because another agency says it's not navigable? I mean, I would imagine that, if you put big "navigable" signs up and
somebody sees that, he's going to interpret that this is navigable water, So where do we stand with these signs?
MR HALL: Again, we're talking about the informational signs.
DR RAIA: I'm talking about "Red Right Return,"
MR HALL: Those are navigational markers. And the County is pursuing permitting red and green navigational markers
with the Coast Guard and the Conservation Commission, They have submitted an application for those markers,
MR, PETTY: Mr, Chairman, if I could?
CHAlRMANBURKE: Yes,
MR, PETTY: The County has quite a few responsibilities, and I don't know whether we should go into all of them.
think the core issue here is, our permit is for mangrove restoration; and all of our work has been concentrated on that, Part of that
review process and public input, basically added on a little side note, which was the signage issue,
The signs do not help the
mangroves come back. loat's not the issue, It was more of a community issue that was stuck onto us, because we had the
audacity to try and do something with the mangroves, That was our penalty, if you will. So we're trying to get through this
process and it will not always make sense, because it doesn't have much tu do with re-growing mangroves, It has to do more with
the conununity, public, our political correctuess at the time, and trying to get paperwork through a bureaucracy.
DR RAIA: But, you know, we are more than mangroves. This is the Clam Bay Committee not the Mangrove Action
Group, I feel that part of our stewardship is to maintain the natural status and beauty of that whole area, the entire bay. I cannot
see where putting some 30-odd signs, 3-by-4, in that narrow channel is going to contribute to the natunal preservation or the
natural appearance when it's not even navigable water, You know, at first I was for the signs, because I was just thinking of the
canoe markers, But now that I've learned that these are going to be 3-by-4 signs in a windy environment, they're going to bave to
be well planted in the bay. I don~ know how deep a hole we're going to have to drill and fill with cement. It's going to destroy
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what we're trying to protect Now, I oppose putting those kinds of signs up, especially when we know it's not navigable. I'm
going to oppose this right down to the end, That is not what I supported when I said, "let's take care of the signs," Now, don't tell
me you've already submitted permits to get these 3-by-5 signs.
MR HALL: I have not submitted anything, What I'm telling you is that the Coastal Zone Management office has
submitted for those permit applications.
DR RAIA: You know, I wish they would speak to Clam Bay first, to Pelican Bay Service Division first, okay? Now, I
know they are over us and technically, they, through the commissioners, can override anything we do or say, But, I would like to
bring this issue up before the commissioners and see what they think about putting 30-0dd 3-by-4 signs in that little stretch of
water.
CHAIRMAN BURKE: Okay, One last speaker, Marcia? Or, Tim, are you finished?
MR HALL: Yes, I guess so. I mean, I was just here to answer questions,
CHAIRMAN BURKE: Okay, Marcia?
MS. CRA YENS: Marcia Cravens again, As you-all know, I'm knee deep in this, I have had a lot of conununication
with all of these state agencies, [have researched this pretty thoroughly. Maybe I can clarifY it a little hit. When the
Management Plan and the permits went to DEP, the Corps, FWC, and the Coast Guard to some extent, there are requirements
when you are talking about the mangrove wetlands and when you are talking about the bays, which contain sovereign submerged
lands, That is how the Corps is involved in it Anytime you're going to do anything involving sovereign submerged lands, the
Corps looks at navigability from a very unique perspective. It has to do with the 1899 Harbors and Rivers Act. What that act
says is that any body of water that was navigable at the time of 1899 for commerce, and this includes dug-out canoes, then it is
considered navigable by the Corps, That is a completely different definition than what FWC or the Coast Guard looks at They
look at the condition of the waters today. And that is something that we have had to try to deal with, because there are some folks
who have different agendas, And, we are trying to clarifY this, In terms of the informational signage, the signage through the
FWC, the DEP requires lhat "Idle Speed, No Wake" has to do with protection of a manatee area, It is a requirement, because
there are manatees that come through these waters, It's not just because it's a community thing, It's a requirement by DEP for
manatees, In terms of other types of things, "Caution, Natural Resources," that has to do with sea grasses, And they don't want
prop scars going through the bottom of the bays damaging the sea grasses, Now, when talking to FWC about navigation, they
were perfectly willing and very involved in the canoe trail. There is no question but that this waterway supports navigation by
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canoes; and it is thoroughly enjoyed by not only this community but also the conununity at large, I, for one, as a member of
Pelican Bay and a member of the Mangrove Action Group, would hate to see the loss of the canoe traiL I think it's a real asset If
we do not oppose the proposed navigation signs that one is 3 by 3; and, the other is 4 by 4; the Coast Guard will say, if they
approve those signs, that the canoe trail will have to come out You cannot have a situation where you have a total of74 signs in
this bay. I agree with Dr. Raia and I have talked with both Tara Alford and Major Ulelte (phonetic) at FWC, and Chief Embris
(phonetic) at the U.S. Coast Guard, And navigability in terms of the navigation charts is aconsideration that they will look at,
And certainly the Mangrove Action Group opposes these huge, unwarranted, and unnecessary signs. Part of what we were
charged with for this conservation area, if you look at Florida statutes regarding conservation areas, you will see that activities on
or within the wetlands and the waters prohibits you to do any activity that will not preserve the natural character of this preserve.
And I believe, that putting in ail these signs is certainly taking away from the character of this scenic, natural area, Thank you,
CHAIRMAN BURKE: Thank you. Tim, question, When the fmal signage plan is developed, will it be brought in front
of the Service Division?
MR, HALL: For the navigation signs?
CHAIRMAN BURKE: Well, they're talking, now, about 75 new signs going in,
MR. HALL: This 75 signs is there are 32 canoe markers out there currently and there are 32 red and green navigational
signs proposed.
CHAIRMAN BURKE: Oh, proposed.
MR. HALL: Proposed, I will say that just because the application has been submitted doesn't necessarily mean it will
be granted, But there are those 32 signs and then there are the 10 informational signs: 5 "Idle Speed" and 5 "Caution, Sea
Grasses. "
CHAIRMAN BURKE: Are those proposed?
MR, HALL: Those are actuaIly required in the permit, and some of those are still up.
CHAIRMAN BURKE: So the 32 canoe are already in?
MR, HALL: Yes, and really the 32 canoe signs and the 10 informational signs either have been or have been up in the
past.
CHAIRMAN BURKE: Okay,
MR. HALL: The only new ones....
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DR, RAIA: Yes, but, Jim, the 32 canoe signs extend throughout the entine bay and they were, shall we say, diluted. The
32 other signs that will be put up are only from Clam Pass south in that little, narrow stretch,
CHAIRMAN BURKE: Right. So the 32 are the proposed ones, My point is, before those are submitted or approved or
whatever the process is, the chart will come here; we'll be able to see where they're going, is that it, so we can issue our protest?
MR, HALL: I did an exhibit that I submitted that showed where they were being proposed,
CHAIRMAN BURKE: Okay,
MR. HALL: But in terms of whether or not Mr, McAlpin or Coastal Zone Management will bring that back to the
board, 1 dou~ know the answer to that.
DR. RAlA: You know, all the information was not provided to us, If! was shown at that time that these markers, which
I thought were just going to be something on the canoe marl<:er size and if I was told these were going to be official navigational
signs, red on oue side, green on the other, in various sizes, I would have shot it down right there. Tim, you are doing this for the
Coastal Advisory Group?
MR. HALL: No, sir, I am attending the estuary discussion group meetings and some of the subconunittee meetings as
part of that,
DR, RAlA: Well, let me get right to the point. Are we paying you to do that, or is some other County agency paying
you to do that?
MR, HALL: No one is paying me to do that.
DR. RAIA: You're doing that gratis?
MR. HALL: Yes, sir.
DR. RAIA: So you're drafting up this permit for these navigational signs gratis?
MR. HALL: Yes, sir. TI1at's what I tried to explain earlier, 1 have had nothing to do with those signs except to sit on
that subcommittee group.
MR. PETTY: Mr, Chainnan, if I could, a small note, The point that I think Dr, Raia is bringing up may be valid in that
it appears that the County, instead of seeking a separate permit for 30, 70, whatever number of signs they want, is looking to go
on top of the Pelican Bay Services Division's permit and has not come before this body seeking that approval. So, they are not
seeking a new permit, from what I've been told Now, if you can tell me that they are.
MS, CRA YENS: They are,
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MR. HALL: They are seeking a new permit for those?
MR PETTY: If they are seeking a new permit for all the new signs, then that's County business and outside the scope of
our considerations, although it may be a conununity issue.
CHAIRMAN BURKE: Yes, that's where I was headed earlier, I think it's a community issue. I know Ted, you want to
get in front of the Board of Commissioners and protest it, and I think we'll have that opportunity,
DR. RAlA: No, I would like to make a motion to have the alert the Commissioners to what's going on and have them
restrain the Coastal Advisory Group from destroying the natural beauty of that pass.
CHAIRMAN BURKE: I think it may serve us better if we get an accountant in here and have him explain these 32 red
and green markers to us.
DR, RAlA: I think that's ....
CHAIRMAN BURKE: Sometimes it helps to ..,..
DR. RAIA: You know, fine, I think he knows what he's doing and I'm afraid I don~ like what he's doing.
MR HALL: I believe that permit is being undertaken under the wnbrella of the CAe.
DR. RAlA: That's what I suspect.
CHAIRMAN BURKE: Yes.
DR, RAlA: And he has to be cut off at the pass. The only way we're going to do this is ask the Conunissioners to look
into this for us, He is under no obligation to present it to us, And even ifhe did, ifhe wants to go ahead and do it, he can,
MR, HALL: That's kind of why I did that memo that I believe was distributed to you people, to let you know what was
going on.
DR. RAlA: I appreciate that That was a very helpful memo, yes,
MR, PETTY: Why didn't you give me that one?
CHAIRMAN BURKE: I want to move on to Item 6 here, But are we going to send a ....
DR. RAIA: Well. you know, you are the government relations man.
CHAIRMAN BURKE: Yes,
DR. RAlA: Why don't you speak to your Conunissioner about this?
CHAIRMAN BURKE: How do you know I haven't?
DR, RAIA: You haven't said anything,
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CHAIRMAN BURKE: What if I just did it yesterday?
DR. RAlA: Well, you still could tell us,
MS, WOMBLE: Did you, Jim?
CHAIRMAN BURKE: Let me put it to you this way: there is always a need to keep the elected officials informed,
okay'? And it doesn't mean they make a commitment to you; but they need to be kept informed, So rest assured that's being done
and I will take this to three of the commissioners before our next Service Division board meeting to alert them to it,
DR, RAlA: Are you for the signs or against the signs? I want to know which information you're bringing.
CHAIRMAN BURKE: I don~ have any position on it right now,
DR. RAIA: Well, would you at least carry this board's position?
CHAIRMAN BURKE: Yes.
DR, RAlA: Because I'm going to make a motion that we delegate this responsibility to our government relations person
to inform the Conunissioners that we oppose these navigational signs.
CHAIRMAN BURKE: Yes. But from my standpoint, I'm going to have to know what we oppose. So I'I1 get some
clarification from Tim.
MR PETTY: Mr, Chairman, I think the format here is that the committee would take a vote on what their opinion is
and that recommendation would be made to the full board; and then the full board may consider the item after that.
CHAIRMAN BURKE: Okay, yes.
DR. RAlA: Marcia had something else to say.
CHAIRMAN BURKE: Marcia, this is the last one on this.
MS. CRAVENS: Marcia Cravens, Mangrove Action Group, Pelican Bay resident, again, I think there might be a
problem with having Mr. Burke be the person who goes to the Conunissioners. Mr, Burke sits on the Coastal Advisory
Committee. The last meeting that they had, which I attended, the Coastal Advisory Committee all, unanimously, voted that they
would proceed and do everything that they could to go ahead and get these navigation markers in, Now, that was something that
Mr. Burke voted for. So I think that's a problem situation here in that what he is voting for on the Coastal Advisory Committee is
contrary to what he would be being asked to discuss with the Commissioners through the Clam Bay and the Pelican Services
Division boards. I think. for one thing. that's a problem, I also want to inform the Clam Bay subcommittee here that I sent my
resignation to Gary McAlpin this morning as to my activity within his Clam Bay Enhancement Discussion Group and the Work
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Group for Management Planning and Permitting, because I feel that this is a farce, I believe that the Clam Bay Estuary
Discussion Group and the work task groups have a pre-existing agenda; they have pre-existing reconunendations, And, from the
group that I participated in, it clearly was all driven by Mr. McAlpin. There were concerns that were brought up, and they were
completely omitted from his notes that he calls "meeting minutes." And I thoroughly object, Thank you,
DR, RAIA: Marcia, I'm disappointed that you resigned from that group.
MS. CRAVENS: I do not want it to appear as if the Mangrove Action Group is in consensus with what is being
proposed by that group.
DR. RAJA: You could have still been the "voice crying in the wilderness."
MS. CRA YENS: I will still attend the meetings and speak up, sir.
CHAIRMAN BURKE: Okay.
DR, RAJA: Well, Jim, I mean, this is an item to be discussed. I think you have a responsibility when you are wearing
several hats. Which hat are you going to wear when you go before the commissioners?
CHAIRMAN BURKE: On this issue, when I talk to the Commissioners in my meetings with them, I will express the
will of the hoard, okay?
MS, WOMBLE: But you're not expressing the will of the board yet. This is just a committee.
CHAIRMAN BURKE: Yes, So anything the Coastal Advisory Committee decides to do has to go in front of the
Commissioners for their approval. The issue is these 32 red and green proposed markers.
DR. RAJA: The prohlem I have is, if the Commissioners only get one view, one presentation, one side, I know how
they're going to vote, They'll support their staff. And this is too significant a problem to let that happen, I really think it's absurd
to put these signs up, And I don~ know where Gary McAlpin is coming from, doing that, I really don't, unless he's trying to
punish us or something. But you know it's contrary to what his responsibility is and I think the Commissioners ought to know
this,
STATUS REPORT ON APPLICATION FOR NEW MANGROVE MAINTENACE PERMiT
CHAIRMAN BURKE: Item 6, status report on application for new permit focusing on mangrove maintenance and
hydraulic halance, Who's going to handle that?
MR PETTY: Mr, Chainnan, I'll give a summary, and then Tim can give his status report As you know, we have gotten
approval from the County Commission to prepare, sign. and submit our next permit application, We were talking about a IO-year
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period in the past; the commissioners approved a 5-year period. Weare looking at a little different permit than what we're used
to, And it may take awhile for Tim to figure out what the right one is, although I haven't talked to him today, and he may stand up
to the microphone and go, "No, done, I already have them." But this is new for us, so it may take us awhile to fully understand
the impacts of going from a 404 and a DEP permit to a new-style permit which is specifically addressing mangrove maintenance
only. Tim, it's all yours.
MR HALL: I actually brought the Management Plan draft and all of you received copies six, eight months ago. What
I've been doing since the Commissioners' directive and the Board's directive to me in revising that plan is put more emphasis
on.... I actually brought copies for everybody today, I apologize, I forgot about the deadline that I had to get stuff to Barbara so
she could get it to you for this meeting. I was also a little concerned that, if! gave it to you too soon, there would be other groups
discussing it before we had a chance to talk about it, quite honestly, So I went ahead and brought them. I can give them to you
today. They become public record, I brought extra copies, because I knew some of the audience members would like that as
well, What I've done is gone through and expanded on some sections, Chapter 3 of the Management Plan, to add more detail in
terms of the initial causative agents of the die-off and the restoration activities that have been done to date. Then I've also put
more emphasis on mangroves throughout the entire docwuent and the mangrove enhancement maintenance restoration activities
within Chapter 7, which eliminated Chapter 6. Chapter 7, which was the management objectives and all, is now Chapter 6. And
what I did there was leave a lot of the same items intact but changed the scope or the finaI goal of those activities. I made
allowances on some of them that those activities that may be undertaken by Coastal Zone Management If that's the case, then we
will cooperate with them in terms of data sharing so that all the groups have a good understanding of the work that's being done in
the system and how it affects the activities that either one is trying to promote or protect.
CHAIRMAN BURKE: Tim, will there be anything new in this? Is our request going to be the same maintenance stuff
we've been doing?
MR HALL: Yes, basically it's the same maintenance in terms of the maintenance of the existing channels; leaving the
possibility that we can do new ftushing cuts if the need arises not only in just the hand-cut channels, but I'm also leaving in there
the ahiIity to do maintenance activities in the interior tidal creeks; and to maintain the originally permitted cross-section of the
pass. I think in terms of potential conflict with Coastal Zone Management or CAC, the filet that I'm leaving the ability to maintain
the pass at the previously permitted cross-sections may be an issue with them, But in terms of all the work that's been done so far,
the one overlying theme is that the flushing of the system is the most critical component to the health of the mangroves and I think
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if the Management Plan and the anticipated activities don~ take into account that that pass is the life blood of this whole system,
then it becomes a much less useful document and much less appropriate for being able to deal with issues that may come up in the
mangroves.
DR. RAIA: Tim, this three-page memo was very good and good that it arrived prior to our hoard meeting, but I was told
we would not discuss this at that board meeting, because it had to come through this committee first. So I want to call your
attention to the bottom of Page 2, where reference is made that we really don~ need a permit. if it is all considered management
maintenance, we can proceed and do what we've been doing. And, really, basically, that's all, as fur as I'm concemed, we're
interested in doing, is just taking care of the mangroves the way we've heen doing it and I have wanted to get some official letter
about this. And then somebody at that meeting said, "Oh, we've already applied for that." So where do we stand with this? Is this
a fact, that we don~ need a permit. that we can do what we're doing because it's just maintaining what had been approved in a
previous permit? If so, how do we get that in writing so that we have it in perpetuiry?
MR HALL: In terms of maintenance with DEP, again, you have to remember we have two permits. We have a DEP
permit and we have a Corps of Engineers permit that allow the activities that have taken place to date. With DEP and the State
Regulations, if you do a permitted activity, then you are allowed to continue or to maintain the conditions that were originally
permitted. That's absolutely true. If all we were going to do is maintain the channels that we have already dug and do nothing
else, then, from DEP's standpoint. we would not need a permit to do that. However, if we wanted to expand on the network, if
there was a new side cut that we wanted to put in because there was a little area that was ponding, or there was a new area of
stless that we noticed due to ponding or lack of flushing, we would not be able to do that if we did not have a permit. So we
would have to make an application every time we wanted to do some kind of enhancement activity like that.
DR. RAIA: But. I mean, those channels have heen there for a few years now and they are working. If we maintain
them, they should continue. I mean, theoretically, yes, that can happen. But the likelihood of that happening is relatively remote.
And if it did happen, I don~ see where, with our track record of being successful in the past. that the permitting people would say,
"Oh, no, you can't do that anymore." I mean, I don't think that's a war stopper there, okay? But now you say that the Army Corps
of Engineers also have a hand on this.
MR. HALL: That's correct.
DR. RAIA: Now, is there a problem there?
MR HALL: It's not an exempt activity with the Corps. So when we would go to try to do the maintenance and all, we
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would need to permit that activity with the Corps, because essentially it's digging in wetlands, which is what they permit. In order
to do that. we would have to, every year, when we wanted to do maintenance activities, go to the Corps for permission to do that.
In order to mesh both of them, my opinion, and what I've been recommending, is that it's better to get permits from both agencies
so that you're covered. If a storm comes through and moves dirt into some of those channels or changes the contours in any of
those areas, without the permit. we would not he able to react to those until we got permits, which could he a year or two years
later, in which case the area's dead. With the permit in place, we can go out there, do the maintenance, clear the obstruction,
whatever it may he, and save the mangroves without having that happen.
DR. RAIA: Is it more difficult to get a permit from both agencies or is it less difficult to get a permit just from the Corps
of Engineers? I mean, what is the level of difficulty in dealing with these agencies?
MR. HALL: The level of difficulty - one of the Corps' requirements for them to issue their permit is that you have to
have a state water-<juaiity certification. It's one of the checklist items. If you don't have a DEP permit in place, we would still
have to coordinate with DEP to prove that we're doing the maintenance activity and get them to respond back to the Corps that.
"yes, that is maintenance, and the water-<juality certification originally is something that's still valid."
Irs just much easier and much cheaper in the long run, from my standpoint, to have the permits in place now rather than trying to
get them afler something happens. It allows you to be proactive instead of reactive.
DR. RAIA: Okay, but I just don~ know why these people are saying that we could go abead and maintain it when they
should have the experience that. "no, really, youcan~ do that." because somebody else is going to say, "You can~ do it."
MR. HALL: The DEP is going to say, "this is what our rules allow." They are not going to comment on what
somebody else's rules allow.
DR. RAIA: But they don't know that the Corps of Engineers will not allow it? They don't know that?
MR HALL: They would know that, yes, sir.
DR. RAIA: Marcia, do you something?
MS. CRAVENS: If Tim's done.
CHAIRMAN BURKE: Tim, are you finished?
MR. HALL: I'm done. I'll just hand these out so you people have them to look at.
CHAIRMAN BURKE: Okay. Marcia?
MS. CRA YENS: Yes. I think a couple of things need to he highlighted here. One is that the meeting with the
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Commissioners occurred on April 22nd. There was a meeting with DEP by Gary McAlpin; myself; Tim Hall; Jim Burke was
there; David Buser; Doug Finlay; David Roellig; there were two staffurs from Fort Myers DEP; and there was a telephone
conference with Lenny Edwards from Tallahassee DEP. This meeting occurred at Fort Myers DEP on April 30th. We obtained
new information at this DEP meeting, which has to do witb not heing required to submit a new permit application. I hashed this
out with DEP in conversations with them. What was explained to me is there is an application for exemption, hecause what we're
talking about is exemption from needing new permits. All this hoard bas to do is request an exemption application, fill it out. and
submit it. Now, you are not required to use an exemption application. You can continue <!oing your work without actually even
applying for it. but what that application will do is it will validate it. It will validate to the DEP that everything that you are
proposing to do, which is continuing to do what you've already heen doing and it simply validates that. okay? Those are the steps
that you take for the documentation that !his is okay to do it this way. As fur as the activities with the Corps, they actually kind of
see it the same way. You already have a management plan in place; you have been permitted to do certain activities for
maintenance; and you should he able to continue doing exactly the same thing as long as you are not expanding it or changing it.
Now, I am having conversations with individuals at the Corps to hash that out as well and to see if there is any particular
application or form that needs to he involved with that. I hope that clarifies it a little bit.
DR. RAIA: Well, it gives us two different stories, if that's a clarification. Do they have a spokesman that might come to
a meeting and explain to us directly what can he done rather than sending individuals up and getting diffurent .....
MS. CRA YENS; That's very good point. We could probably ask them and invite them to come.
DR. RAIA: I think we should do that. And I would suggest !his: that we suggest to our board that the hoard formally
invite a spokesperson from the Corps of Army Engineers and from DEP to get it straight from them exactly what can be done just
to maintain what we have always successfully done in the past.
MS. CRA YENS: And I might add that those permits and the Management Plan include everything that we've heen
doing. It includes the water quality sampling which allowed us to have the clean water certificate; it allows the interior channels
as long as we're not digging new ones; and it allows the maintenance of the pass. All the work that we are currently doing, if we
want exempt status from requiring application for a new permit. it covers all of those activities. I might just add one more thing.
Even if we submit a new application for a permit that has a narrower scope, it will not contain future activities; so it doesn't really
protect us or help us in any way if we then need to dig new ditches. I might add that we currently have this year through and until
July of next year whereby we are covered by the works that our current permit allows. And, Tim, it might be possible, if you guys
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had the areas of concern that might mean new ditches, if that were taken care of within this period of time.
MR PETTY: Mr. Chairman, if I may, two things. If there is to he a meeting on our permit with DEP or the Corps of
Engineers, let me suggest that staff should he present. Currently, we don~ have anybody from Pelican Bay Services Division
representing Pelican Bay Services Division with their directive. We have memhers of Pelican Bay, and we have board memhers,
of course, but we don't have any directives. And what happens is, we get these opinions coming from all these various entities,
staff hasn~ had time to vet any of this information, and we'd like to he able to answer the questions if we could. Second, staff
wishes to tell you that we also recommend having a permit with these agencies. Even thou~ these agencies, you know, may find
it within their rules to allow the maintenance work to continue, I can tell you, from over 20-years-plus experience, that you can get
yelled at a whole lot for not having that piece of paper in your pocket. We just spent three months dealing with DEP over that
issue of mangrove maintenance next to our berm; and it got a little nasty there for a while. Now it has all cahned down, and
they've found out that. oh, yes, we can maintain it hecause the permit was issued and 25, 30 years ago, and, yes, we could. But
without that piece of paper and that written instruction, it becomes very difficult.
DR. RAIA: John, I understand what you're saying. And that's why I wanted something in writing that we are allowed to
continue the maintenance of what has already heen permitted. And if we can~ get that. then I agree, we have to get a permit. I
don~ want somebody to just say, "oh, sure, you can go ahead and do that." No, I want it from somebody official, some official to
actuaJly give us a document that states we can maintain.
MS. CRA YENS; I have a document.
DR. RAIA: If there's a storm and those channels filled in. to me, to open those channels that were pre-existing hefore
the storm is maintenance. The need for digging a new channel. I consider that rather remote; but I would agree you would have to
get a permit. hecause you're doing something thafs a new activity.
MS. CRA YENS; Dr. Raia, I have a document. I'm sorry it was sent to me from DEP when I was requesting more
information about the exemption situation. There is a document that was originally created by the South Florida Water
Management District that DEP has adopted. And they are rules. The exemption information is within those rules. I would he
happy to furward that on to you.
DR. RAJA: Why don~ you forward that on to Barbara?
MS. CRAVENS: Okay.
DR. RAIA: She can make that material available to the board at the next meeting.
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MS. CRAVENS: Absolutely.
CHAIRMAN BURKE: We're getting a little fur afield here. For the next year, there's no problem; we have a permit if
the Army Corps okays the extension. From that point on, we're going to have a new permit. There is no harm in getting that
permit; there's only a plus. So, we have that permit. we're going to he able to continue to do what we do; we're going to he able to
make the additions or changes we have to make. There should he no argument about whether or not we're going to get a new
permit. John Petty supports that. It makes sense to have it so we don't have to he sitting here.
DR. RAIA: Well, yes, but it's only a five-year permit.
CHAIRMAN BURKE: It may he five, yes.
DR. RAIA: And I think we have to pay to get these permits. We pay a lot; we pay a lot to our consultants, staff time,
and everything else. It costs money to get those permits. It's not a freebie. That's another area that I'm looking at. And if we're
allowed to maintain this, then we should go that route, because it doesn~ add any expeuse to what we're doing, we've already paid
that expense because the permit designated what we had to do. We paid for that consultation.
CHAIRMAN BURKE: Well, to me it's an investment in our numher-one asset. So I don't have a problem with it.
DR. RAIA: John, I'd like to ask you a question. Perhaps you, as our staff, our one and only, well, two people, to
actually go to these people that we have heard had been approached with information and carry back to us the true fuels of how
we go about doing this without any individual persuasion. but exactly what DEP says and what Corps of Engineers say about this
maintenance. And you were out when I mentioned there's an advantage to maintenance; it's less costly. We have to pay for those
permits. We pay staff to develop it; we have to pay for a consultant to develop it. It costs money. And if we don~ have to go that
route, I suggest that we don't. But I would like to have you come back with the facts and perhaps extend an invitation to some
spokesmen for DEP and the Corps of Engineers to come down and speak to us about this.
CHAIRMAN BURKE: John, you mentioned staff. I would think we'd bring them in for a Clam Bay meeting if they'd
come. And I think you need to he the contact point to establish some order to this thing, okay?
MR PETTY: We can do that. sir. And I think the objective is well known. It's either a permit or a letter that exempts
us from the permit. In my case, that's the same thing; whether it's a permit numher that they approve or it's an exemption letter
that serves the purpose that allows us to take our staff and go do our job. I have no problem at all with doing that; and I think staff
can handle it for you.
CHAIRMAN BURKE: Yes. And then we can ask the questions directly of representatives from both, hecause
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apparently anylhing that's brought hack from those meetings is considered suspect.
MR. PETTY: We will try and bring back what we can, sir.
CHAIRMAN BURKE: Okay. Any other comments on this? Point 7, Agenda Item 7, Clam Bay video dissemination
status.
CLAM BAY VIDEO DlSSEMINA TION STATUS
MR PETTY: Mr. Chairman, we're just trying to report back to you that we have distributed quite a fuw copies of the
Clam Bay video. It has gone to the Foundation. We've gotten a schedule of this week's airing of "The Jewel of Pelican Bay" and
it appears that we're getting market saturation and, unfortunately, no royalties to go with it. But they're showing it every hour on
the hour, at least it looks like it.
CHAIRMAN BURKE: Who's showing it?
MR PETTY: The Foundation.
DR. RAIA: It's on 96. And a lot of people have come up to me who admit that they never watch 96 but just happened
to catch this and got glued to it and really enjoyed it and were very pleased to see it. So it is paying off.
CHAIRMAN BURKE: I think Coleman mentioned yesterday that he is getting 12 and he'll offer them at the men's
coffee on a borrow status.
MR. PETTY: Library style.
CHAIRMAN BURKE: Library style, yes.
MR PETTY: So anybody who wishes a copy you can purchase one for two dollars at the office, and we do have a
borrowing program for the trustworthy.
CHAIRMAN BURKE: So if someone doesn~ want to pay the two, they can borrow it?
MR PETTY: Yes.
ADJOURN
CHAIRMAN BURKE: Okay. Any other comments on that? Audience comments to close it out? I will entertain a
motion to adjourn.
Dr. Raw moved to adJoum, seconded by Ms. Alvarez and was unanimously approved.
- ~ -- - - - - --- ----- ---- - ---- ---- -------- -- -- - -
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**********
Tbere being no furtber business the meeting was adjourned by order oftbe Chairman at lJ:OO a.ID.
M. James Burke. Acting Chairman
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE INC., BY KAREN
BLOCKBURGER, RPR, NOTARY PUBLIC AND FORMATTED BY MARY MCCAUGHTRY, PELICAN BAY SERVICES
DlYISION.
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CLAM BAY COMMITTEE OF THE
PELICAN BAY SERVICES DIVISION
Naples, Florida, May 21. 2008
LET IT BE KNOWN, that the Clam Bay Committee of the Pelican Bay Services Division, met in REGULAR
SESSION on !his date, May 21. 2008 at 10:00 A.M. at the Hammock Oak Center, 8962 Hammock Oak Drive, Naples, Florida,
with the following memhers present:
Mr. James Burke, Acting Chairman
Ms. Mary Anne Womble
Mr. John Domenie <Absent)
Dr. Ted Raia
Ms. Annette Alvarez
ALSO PRESENT: Mr. John Petty, Division Administrator, Pelican Bay Services Division; Ms. Janice Lamed, District Offices,
LLC; Mr. Kyle Lukasz, Field Operations Manager, Pelican Bay Services Division; Mr. Tim Hall, Turrell, HaIl Associates, Inc.;
Marcia Cravens, Mangrove Action Group, Doug Finlay, City of Naples; Ms. Barbara Smith, Recording Secretary.
AGENDA
I. RollCall
2. Approval of Minutes of the March 19,2008 Meeting
3. Audience Participation
4. One Year Extension of Exiting Permit Approval
5. Discussion of Outstanding Issues of Existing Permit
6. Status Report on Application for New Permit Focusing on
Mangrove Maintenance and Hydraulic Balance
7. Clam Bay video Dissemination Status
8. Audience Comments
9. Adjourn
ROLLCALL
CHAIRMAN BURKE: If everyone will take his or her seats, I am going to call the meeting to order. Its 10 o'clock.
Jim Burke will he the acting chairman in the absence of Chairman John Domenie. Barbara, can we have the roll call?
MS. SMITH: Let the record reflect that three of the five board memhers are present. Mrs. Womble is probably running
late; and Mr. Domenie is absent.
CHAIRMAN BURKE: I'll ask for a motion to approve the minutes of the March 19th meeting as given to us.
MS. SMITH: Mr. Burke. who made the first and second motion on that? Who made the motion and second?
DR. RAIA: It sounded like I did both.
MS. AL Y AREZ: I'll do the second.
CHAIRMAN BURKE: Yes.
MS. SMITH: Okay. Thank you.
CHAIRMAN BURKE: All in favor? All opposed?
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Dr. Ra;a moved seconded by Ms. Alvarez and approved unanimously the Minutes of
the March 19, 2007 Meeting.
AUDIENCE COMMENTS
CHAIRMAN BURKE: At !his point. we will have audience participation. Do we have anybody that would like to
comment at this point?
MR. FINLAY: I'm Doug Finlay. City of Naples. I'm involved in a Collier County mixing study group with Jim Burke.
And at that mixing study work group, Dr. Tomasko wanted to do five-random-site water quality testing in Moorings Bay for a
period of at least three months; as well as install flow meters at the Park Shore and Harbour Drive bridges. I'm just here to let you
know that the taxing district of the Moorings Bay Citizens Advisory Committee, which oversees the taxing district for Moorings
Bay, did vote yesterday to fund the rental of those flow meters as well as the additional random-site testing that Dr. Tomasko
wants to do. There was also a depth survey of the bay that Dr. Tomasko was wanting, which I did find one that was done in full
throughout the emire hay in '06 and '07 that was given to Gary McAlpin yesterday as well. Whether that will suffice for what Dr.
Tomasko needs, I don~ know, but I just wanted to let you know that the Moorings Bay people acted very fust on what Dr.
Tomasko was wanting.
CHAIRMAN BURKE: The random-sampling sites are in Moorings Bay?
MR. FINLAY: Yes, north, all five north of Doctor's Pass. And actually, the taxing district okayed money heyond what
Gary thought it would cost. just in case Tomasko, for some reason, wants to expand the numher of sites or lengthen the duration
of the study or something like that.
CHAIRMAN BURKE: Thank you. Next. we have Marcia Cravens and Marcia will need a mike.
MS. CRA YENS: Hi. I'm Marcia Cravens, Mangrove Action Group. In terms of mixing studies, I have a question for
both Doug Finlay and the board memhers here. I helieve that. within our Management Plan and also showing in the budget
minutes, in the budget document. there are mixing studies that go on annually at the culverts of Seagate Drive. Is Dr. Tomasko
addressing that also as a duplication? And do we have that information that. I believe, Humiston & Moore should he doing
annually also? Does anybody know? There's supposed to he flow studies at the culverts there at Seagate Drive on an annual
basis.
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MR. FlNLA Y: Tim Hall mentioned that at the meeting.
MS. CRA YENS: Okay.
MR. FINLAY: This is in addition to, in other words, Tim those flow meters; he doesn't install any flow meters down
further in the bay or, as far as I know, up at Clam Pass.
MS. CRA YENS: I helieve that you have portable flow meters. Right, Kyle?
MR. LUKASZ: Just at the culvert points.
MS. CRA YENS: At the culvert. So you do have information about how much mixing occurs at Seagate Drive.
MR. LUKASZ: How much flow goes through the culverts?
MR. LUKASZ: Yes.
MS. CRA YENS: I know the Mangrove Action Group is certainly interested in that information. Thank you.
CHAIRMAN BURKE: I want to suggest something. I was going to do it later, but the Clam Bay train has left the
station. And when we went to the County Commission, as is our right to do, we were given direction. It's not the direction that I
had intended it to take, but it's left the station. So we have the opportunity to either join in and work with this situation or to
continue to cede responsibility and authority. I'm actively trying to recruit interested Pelican Bay property owners to begin to take
part in all of these discussion groups. I would encourage anybody to volunteer to get involved with these groups, stay informed.
Any other speakers?
DR. RAIA: I'd like to ask Doug a question.
MR. FINLAY: Yes.
DR. RAJA: Doug, is there going to he some coordination with water studies done in other parts, like in Yenetian Bay
and Clam Bay so that the data could he used collectively?
MR FINLAY: Yes, as fur as I know. Yenetian Bay and Moorings Bay in my mind are the same thing. Yenetian Bay is
I guess you would call it a subsection of .........
DR. RAIA: Because it's north.
MR. FlNLA Y: Yes. When I refer to Moorings Bay, I'm referring to everything from Banyan Drive at the south end of
Lowdermilk Park all the way up to Seagate Drive.
DR. RAIA: Okay.
MR. FINLAY: For the mixing study, we're really only concerned about the part of the bay from Doctor's Pass to
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Seagate, which is about two-thirds of the body of water. There has been water-<juality-testing going on in Moorings Bay for
years. And it's published, been published on the website that Save the Bays does. The city does not do that water testing. It's the
Save the Bays, which is a concerned citizens group in Moorings Bay that live on the water. I'm one of those. I was on the board
of directors with the Conservancy. And Save the Bays has paid for this testing. It's only done quarterly, and it is not to the same
standards that Mike Bower is doing, for example, in Naples Bay. It is not done by a state-certified individual. It's done by Kathy
Worley. That fixed-site water-quality-testing is going to he expanded to he done monthly. This is separate from the Tomasko
random-site testing. The fixed-site testing is going to be expanded to he done monthly with expanded parameters with certified
personnel that would not he Kathy; it would he Katie out of Mike Bower's office. So those are going to he the same standards
that I believe you're going to he doing; the County's going to he doing in Clam Bay; we're going to he doing in Moorings Bay; and
it is going to he done in Naples Bay. So you're right.
DR. RAIA: That's what I was leading up to, because many studies that had been done in the past apparently didn~ meet
the standards.
MR. FINLAY: Right.
DR. RAIA: And, then they can~ use the data. So everybody will he recording it. Good.
MR. FINLAY: Another!hing you might be interested in, even though it's a city issue, Mike Bower has been separated
out of Community Services. He is now his own departtnent. Natural Resources is going to report now directly to the City
Manager's office. So basically, Mike has heen elevated to a division head, although it's a very small division.
DR. RAIA: Yes.
MR FINLAY: I think that is an example of Mike's importance in the area of natural resources and the environment and
things like that. Basically, I think its good for everybody.
DR. RAIA: Good. Thank you.
CHAIRMAN BURKE: I might also add that Tim Hall is a member of the mixing discussion group, correct? Tim
brings a wealth of knowledge and background and experience. Marcia?
MS. CRAVENS: 1m Marcia Cravens, Mangrove Action Group. I'm a Pelican Bay resident. I don~ helieve that that
boat has sailed completely in terms of what will transpire for management of both the Clam Bay system, which ends at Seagate
and I do helieve that it was erroneous information when Dr. Tomasko claimed that Clam Bay extended south of Seagate Drive.
There are watersheds south of Seagate Drive, but they are not in the basin of Clam Bay. And I believe that there will he some
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documentation that will support that. which I am currently researching. I believe that there are water-quality problems in those
basins in the watersheds south of Seagate Drive; and certainly, everylhing necessary should he done to address that. However,
there is some difference of opinion, and there is documentation, as to what the watershed of Clam Bay and the basin of Clam Bay
is. All that documentation will he heing presented to both the commissioners and to the state agencies. Thank you.
DR. RAIA: And, Mr. Chairman, I think there is unanimity on the board that we are all interested in water quality and in
demonstrating that we have quality water. If there is a problem, we want to take care of it. As fur as the mangroves go, I any
conflict there. We should he able to take care of the mangroves and, at the same time, look at the water. We should not try to
create a problem there. Now, hopefully, we will deal with this under Item 6 when we come to the maintenance. I'm interested in
that solving some of the discourse we've had. But the record should show that we are all interested in having quality water.
STATUS OF ONE- YEAR EXTENSION OF THE PERMIT
CHAIRMAN BURKE: Any other comments from the audience? Okay. We'll move on to the one-year extension of the
existing permit approval, which has been granted, correct?
DR. RAIA: Yes.
CHAIRMAN BURKE: Do we have a document. Tim?
DR. RAIA: We have a letter saying.........
MR. PETTY: Just for reporting purposes.
DR. RAIA: So if you have nothing else to add--
MR. HALL: Yes. It's heen granted by the Corps. The extension hasn~ heen formally granted by DEP yet. So half of
our permits have heen extended.
DR. RAIA: We need another one. Okay.
CHAIRMAN BURKE: So if nothing else, that puts us at ease, should there he an event that closes the pass, we can go
in and dtedge it.
MR HALL: Wel~ we have hetween now and July to get the extension from DEP.
CHAIRMAN BURKE: Oh, okay.
MR. HALL: Once we have both in hand, then we're good for another year.
CHAIRMAN BURKE: Okay. Any comments on that at all? Anybody? Thats good news.
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DISCUSSION ON OUT STANDING ISSUES ON EXISTING PERMIT
MR PETTY: Based on the last meeting where you asked staff to work with regulatory agencies.
CHAIRMAN BURKE: Oh, yes.
MR PETTY: I helieve this is on signage. And I think Tim has heen in correspondence with them and has some
information to bring to your attention.
COURT REPORTER: Can you state your name?
MR HALL: Yes, I'm sorry. Tim Hall, Turrell, Hall Associates. The woman at the Fish and Wildlife Conservation
Commission, Tara Alford, got back into town last week. And I have not had any direct contact with her yet in regards to whether
or not she is approving the modification to the language in the informational signs that the county Coastal Zone Management
office has provided her. DEP is waiting on that determination from the Conservation Commission in terms of whether or not they
would then amend the permit to allow that change in language. If that's the case, then that's really the last outstanding issue that we
have with regards to the permit.
CHAIRMAN BURKE: The Coast Guard does not get involved in it?
MR. HALL: The Coast Guard wouldn~ he involved in that siguage, hecause they're informational signs only.
CHAIRMAN BURKE: Okay.
MR HALL: They would he involved normally in terms of permitting them, but those signs are already permitted in our
existing permits. So once the language is okayed by the Conservation Commission, we don~ need anything else for those to he
installed.
CHAIRMAN BURKE: So we're just waiting to hear from Fish and Wildlife or DEP, I guess.
MR HALL: Right.
CHAIRMAN BURKE: Okay.
MR HALL: And then the last meeting, I was asked to contact DEP to see whether or how our compliance with that
condition was heing viewed by the agencies. Basically, it is well understood that its a condition in the permit that can't be met;
however, in order to clean up the permit. they want that language modified in the resolution with the Conservation Commission
on how to resolve that.
DR. RAIA: Tim, are these signs supposed to he regulation signs?
MR HALL: No, the issue was that the informational signs and by those I mean the "Idle Speed", etc.
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DR. RAIA: Yes, that's at the entrance. I don't care what they say or how big they are at the entrance.
MR HAJ~L: No, no, no. But those two signs, the "Idle Speed" and the one that was required to say "Tilt Motors, Sea
Grasses Present, Fines Could he Assessed," the language of that sign is viewed as regulatory in nature by the Conservation
Commission. And they are not authorized to permit regulatory signs unless it's for public health, safety, and welfure. They can't
permit regulatory signs for resource conservation. So the "Idle Speed" sign is relative to health, safety, and welfare, hecause we
have people swimming at the pass. We have canoes in these constricted waterways that a boat coming around the comer at high
speed wouldn~ he able to see and stop in time. So the "Idle Speed" signs are allowed according to the regulations; however, the
"Tilt Motor" signs are not. So the language that was proposed then made those signs informational instead ofreguiatory.
DR. RAIA: These coastal waters are charted, I presume. And the charts do show the average low depth at anyone time,
right?
MR HALL: Depending on which chart you're looking at. yes. Some of them show mean sea level; some of them
show......
DR. RAIA: So even in Clam Bay. hecause my concern is that a sign coming in should alert boaters, especially
somebody just boating down from Fort Myers, that. "If you enter here the average depth could he only one foot." And, even
tilting your motor may not be helpful there. So unless the charts show this and, therefore. the responsibility is on the boater, that
he should have charts ifhe's going in the waters.
MR HALL: Several of the charts actually designate the bays as non-navigable.
CHAIRMAN BURKE: Do they?
MR. HALL: They do, they do delineate the bays, because of shallow water depths.
DR. RAJA: So that bay is delineated as non-navigable?
MR HALL: Non-navigable on many of charts that are produced.
MS.CRAVENS: Yes.
DR. RAIA: Wait a minute. Either it's navigable or it's non-navigable. If [ want to go in there, do I pick up a chart that
says "navigable"?
MR. HALL; There a legal definition and a practical consideration. Legally, they are delined as navigable waters in !his
state. They're directly connected to the Gulf of Mexico; and you can boat in and out of the hays. So legally, they are navigable.
Practically, because of the size of the hays and the shallow water depths, a lot of charts mark them as non-navigable because of
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the normal drafls that they assign to boats ttaveling through the Gulf and .....
DR. RAJA: Who issues these charts that show it as non-navigable?
MR. HALL: The Coast Guard has some charts.
DR. RAIA: So they are official. They're not private charts; they're government agencies.
MR HALL: Yes, they're official charts.
DR. RAJA: Okay. So are we required to put up signs because one agency says its navigable water, or we don~ have to
put up signs because another agency says it's not navigable? I mean, I would imagine that. if you put big "navigable" signs up and
somebody sees that. he's going to interpret that this is navigable water. So where do we stand with these signs?
MR. HALL: Again, we're talking about the informational signs.
DR. RAIA: I'm talking about "Red Right Return."
MR HALL: Those are navigational markers. And the County is pursuing permitting red and green navigational markers
with the Coast Guard and the Conservation Commission. They have submitted an application for those markers.
MR. PETTY: Mr. Chairman, if I could?
CHAIRMAN BURKE: Yes.
MR PETTY: The County has quite a few responsibilities, and I don't know whether we should go into all of them.
think the core issue here is, our permit is for mangrove restoration; and all of our work has been concentrated on that. Part of that
review process and public input. basically added on a little side note, which was the signage issue.
The signs do not help the
mangroves come back. That's not the issue. It was more of a community issue that was stuck onto us, because we had the
audacity to try and do some!hing with the mangroves. That was our penalty, if you will. So we're trying to get through this
process and it will not always make sense, because it doesn~ have much to do with re-growing mangroves. It has to do more with
the community, public, our political correctoess at the time, and trying to get paperwork through a bureaucracy.
DR. RAIA: But. you know, we are more than mangroves. This is the Clam Bay Committee not the Mangrove Action
Group. I fuel that part of our stewardship is to maintain the natural status and heauty of that whole area, the entire bay. I cannot
see where putting some 30-odd signs, 3-by-4, in that narrow channel is going to contribute to the natural preservation or the
natural appearance when it's not even navigable water. You know, at first I was for the signs, because I was just thinking of the
canoe markers. But now that I've learned that these are going to he 3-by-4 signs in a windy environment. they're going to have to
he well planted in the bay. I don~ know how deep a hole we're going to have to drill and fill with cement. It's going to destruy
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what we're trying to protect. Now, I oppose putting those kinds of signs up, especially when we know it's not navigable. I'm
going to oppose !his right down to the end. That is not what I supported when I said, "lets take care of the signs." Now, don't tell
me you've already submitted permits to get these 3-by-5 signs.
MR HALL: I have not submitted anylhing. What I'm telling you is that the Coastal Zone Management office has
submitted for those permit applications.
DR. RAJA: You know, I wish they would speak to Clam Bay first. to Pelican Bay Service Division first. okay? Now, I
know they are over us and technically, they, through the commissioners, can override anything we do or say. But. I would like to
bring this issue up hefore the commissioners and see what they think about putting 30-odd 3-by-4 signs in that little stletch of
water.
CHAIRMAN BURKE: Okay. One last speaker. Marcia? Or, Tim, are you finished?
MR HALL: Yes, I guess so. I mean, I was just here to answer questions.
CHAIRMAN BURKE: Okay. Marcia?
MS. CRA YENS: Marcia Cravens agsin. As you-all know, I'm knee deep in this. I have had a lot of communication
with all of these state agencies. I have researched this pretty thoroughly. Mayhe I can clariJY it a little bit. When the
Management Plan and the permits went to DEP, the Corps, FWC, and the Coast Guard to some extent, there are requirements
when you are talking about the mangrove wetlands and when you are talking about the hays, which contain sovereign submerged
lands. That is how the Corps is involved in it. Anytime you're going to do anything involving sovereign submerged lands, the
Corps looks at navigability from a very unique perspective. It has to do with the 1899 Harbors and Rivers Act. What that act
says is that any body of water that was navigable at the time of ] 899 for commerce, and this includes dug-out canoes, then it is
considered navigable by the Corps. That is a completely different definition than what FWC or the Coast Guard looks at. They
look at the condition of the waters today. And that is something that we have had to try to deal with, hecause there are some folks
who have different agendas. And, we are trying to clariJY this. In terms of the informatioual signage. the signage through the
FWC, the DEP requires that "Idle Speed, No Wake" has to do with protection of a manatee area. It is a requirement, hecause
there are manatees that come through these waters. Its not just because it's a community thing. It's a requirement by DEP for
manatees. In terms of other types of things, "Caution, Natural Resources," that has to do with sea grasses. And they don't want
prop scars going through the bottom of the hays damaging the sea grasses. Now, when talking to FWC about navigation, they
were perfectly willing and very involved in the canoe trail. There is no question but that !his waterway supports navigation by
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canoes; and it is thoroughly enjoyed by not only this community but also the community at large. I, for one, as a memher of
Pelican Bay and a memher of the Mangrove Action Group, would hate to see the loss of the canoe trail. I think it's a real asset. If
we do not oppose the proposed navigation signs that one is 3 by 3; and, the other is 4 by 4; the Coast Guard will say, if they
approve those signs, that the canoe trail will have to come out. You cannot have a situation where you have a total of 74 signs in
this bay. I agree with Dr. Raia and I have talked with both Tara Alford and Major Ulette (phonetic) at FWC, and Chief Embris
(phonetic) at the U.S. Coast Guard. And navigability in terms of the navigation charts is a consideration that they will look at.
And certainly the Mangrove Action Group opposes these huge, unwarranted, and unnecessary signs. Part of what we were
charged with for !his conservation area, if you look at Florida statutes regarding conservation areas, you will see that activities on
or within the wetlands and the waters prohibits you to do any activity that will not preserve the natural character of this preserve.
And I helieve, that putting in all these signs is certainly taking away from the character of !his scenic, natural area. Thank you.
CHAIRMAN BURKE: Thank you. Tim, question. When the final signage plan is developed, will it he brought in front
of the Service Division?
MR HALL: For the navigation signs?
CHAIRMAN BURKE: Well, they're talking, now, about 75 new signs going in.
MR. HALL: This 75 signs is there are 32 canoe markers out there currently and there are 32 red and green navigational
signs proposed.
CHAIRMAN BURKE: Oh, proposed.
MR HALL: Proposed. I will say that just hecause the application bas been submitted doesn't necessarily mean it will
be granted. But there are those 32 signs and then there are the 10 informational signs: 5 "Idle Speed" and 5 "Caution, Sea
Grasses. "
CHAIRMAN BURKE: Are those proposed?
MR. HALL: Those are actually required in the permit. and some of those are still up.
CHAIRMAN BURKE: So the 32 canoe are already in?
MR. HALL: Yes, and really the 32 canoe signs and the 10 informatioual signs either have heen or have been up in the
past.
CHAIRMAN BURKE: Okay.
MR HALL: The only new ones....
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DR. RAIA: Yes, but, Jim, the 32 canoe signs extend throughout the entire hay and they were, shall we say, diluted. The
32 other signs that will he put up are only from Clam Pass south in that little, narrow stletch.
CHAIRMAN BURKE: Right. So the 32 are the proposed ones. My point is, before those are submitted or approved or
whatever the process is, the chart will come here; we'll he able to see where they're going, is that it, so we can issue our protest?
MR HALL: I did an exhibit that I submitted that showed where they were heing proposed.
CHAIRMAN BURKE: Okay.
MR. HALL: But in terms of whether or not Mr. McAlpin or Coastal Zone Management will bring that back to the
board, I don~ know the answer to that.
DR. RAIA: You know, all the information was not provided to us. If I was shown at that time that these markers, which
I thought were just going to he something on the canoe marker size and if I was told these were going to he official navigatioual
signs, red on one side, green on the other. in various sizes, I would have shot it down right there. Tim, you are doing this for the
Coastal Advisory Group?
MR HALL: No, sir. I am attending the estuary discussion group meetings and some of the subcmnmittee meetings as
part of that.
DR. RAIA: Well, let me get right to the point. Are we paying you to do that. or is some other County agency paying
you to do that?
MR HALL: No one is paying me to do that.
DR. RAIA: You're doing that gratis?
MR. HALL: Yes, sir.
DR. RAIA: So you're drafting up this permit for these navigational signs gratis?
MR. HALL: Yes, sir. That's what I tried to explain earlier. I have had nothing to do with those signs except to sit on
that subcommittee group.
MR PETTY: Mr. Chairman, if I could, a smaIl note. The point that I think Dr. Raia is bringing up may he valid in that
it appears that the County, instead of seeking a separate permit for 30, 70, whatever number of signs they want, is looking to go
on top of the Pelican Bay Services Division's permit and has not come hefore !his body seeking that approval. So, they are not
seeking a new permit. from what I've heen told. Now, if you can tell me that they are.
MS. CRAVENS: They are.
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MR. HALL: They are seeking a new permit for those?
MR. PETTY: If they are seeking a new permit for all the new signs, then that's County business and outside the scope of
our considerations, although it may be a community issue.
CHAIRMAN BURKE: Yes, thafs where I was headed earlier. I think its a community issue. I know Ted, you want to
get in front of the Board of Commissioners and protest it. and I think we'll have that opportunity.
DR. RAIA: No, I would like to make a motion to have the alert the Conunissioners to whafs going on and have them
restrain the Coastal Advisory Group from destroying the natural heauty of that pass.
CHAIRMAN BURKE: I think it may serve us better if we get an accountant in here and have him explain these 32 red
and green markers to us.
DR. RAIA: I think that's ....
CHAIRMAN BURKE: Sometimes it helps to .....
DR. RAIA: You knnw, fine. I think he knows what he's doing and I'm afraid I don~ like what he's doing.
MR HALL: I believe that permit is heing undertaken under the umbrella of the CAC.
DR. RAIA: That's what I suspect.
CHAIRMAN BURKE: Yes.
DR. RAJA: And he has to he cut off at the pass. The only way we're going to do this is ask the Commissioners to look
into this for us. He is under no obligation to present it to us. And even ifhe did, ifhe wants to go ahead and do it. he can.
MR. HALL: That's kind of why I did that memo that I helieve was distributed to you people, to let you know what was
going on.
DR. RAIA: I appreciate that. That was a very helpful memo, yes.
MR PETTY: Why didn't you give me that one?
CHAIRMAN BURKE: I want to move on to Item 6 here. But are we going to send a ....
DR. RAIA: Well, you know, you are the government relations man.
CHAIRMAN BURKE: Yes.
DR. RAIA: Why don't you speak to your Commissioner about !his?
CHAIRMAN BURKE: How do you know I haven~?
DR. RAIA: You haven~ said anything.
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CHAIRMAN BURKE: What if! just did it yesterday?
DR. RAIA: Well, you still could tell us.
MS. WOMBLE: Did you, Jim?
CHAIRMAN BURKE: Let me put it to you this way: there is always a need to keep the elected officials informed,
okay? And it doesn't mean they make a commitment to you; but they need to he kept informed. So rest assuted that's heing done
and I will take !his to three of the commissioners hefore our next Service Division board meeting to alert them to it.
DR. RAIA: Are you for the signs or against the signs? I want to know which information you're bringing.
CHAIRMAN BURKE: I don~ have any position on it right now.
DR. RAIA: Well, would you at least carry this hoard's position?
CHAIRMAN BURKE: Yes.
DR. RAIA: Because I'm going to make a motion that we delegate !his responsibility to our government relations person
to inform the Commissioners that we oppose these navigatioual signs.
CHAIRMAN BURKE: Yes. But from my standpoint. I'm going to have to know what we oppose. So I'll get some
clarification from Tim.
MR. PETTY: Mr. Chairman, I think the format here is that the committee would take a vote on what their opinion is
and that recommendation would he made to the full board; and then the full board may consider the item after that.
CHAIRMAN BURKE: Okay, yes.
DR. RAIA: Marcia had something else to say.
CHAIRMAN BURKE: Marcia, this is the last one on this.
MS. CRAVENS: Marcia Cravens, Mangrove Action Group, Pelican Bay resident. again. I think there might he a
problem with having Mr. Burke be the person who goes to the Commissioners. Mr. Burke sits on the Coastal Advisory
Committee. The last meeting that they had, which I attended, the Coastal Advisory Committee all, unanimously, voted that they
would proceed and do everything that they could to go ahead and get these navigation markers in. Now, that was something that
Mr. Burke voted for. So I think thaes a problem situation here in that what he is voting for on the Coastal Advisory Committee is
contrary to what he would he heing asked to discuss with the Conunissioners through the Clam Bay and the Pelican Services
Division boards. I think, for one thing, thafs a problem. I also want to infurm the Clam Bay subcommittee here that I sent my
resignation to Gary McAlpin this morning as to my activity within his Clam Bay Enhancement Discussion Group and the Work
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Group for Management Planning and Permitting, hecause I feel that !his is a furce. I believe that the Clam Bay Estuary
Discussion Group and the work task groups have a pre-existing agenda; they have pre-existing recommendations. And, from the
group that I participated in, it clearly was all driven by Mr. McAlpin. There were concerns that were brought up, and they were
completely omitted from his notes that he calls "meeting minutes." And I thoroughly object. Thank you.
DR. RAlA: Marcia, I'm disappointed that you resigned from that group.
MS. CRA YENS: I do not want it to appear as if the Mangrove Action Group .is in consensus with what is heing
proposed by that group.
DR. RAIA: You could have still been the "voice crying in the wilderness."
MS. CRAVENS: I will still attend the meetings and speak up, sir.
CHAIRMAN BURKE: Okay.
DR. RAIA: Well, Jim, I mean, this is an item to he discussed. l!hink you have a responsibility when you are wearing
several hats. Which hat are you going to wear when you go hefore the commissioners?
CHAIRMAN BURKE: On this issue, when I talk to the Commissioners in my meetings with them, I will express the
will of the board, okay?
MS. WOMBLE: But you're not expressing the will of the board yet. This is just a committee.
CHAIRMAN BURKE: Yes. So anything the Coastal Advisory Committee decides to do has to go in front of the
Commissioners for their approval. The issue is these 32 red and green proposed markers.
DR. RAIA: The problem I have is, if the Commissioners only get one view, one presentation, one side, I know how
they're going to vote. They'll support their staff. And this is too significant a problem to let that happen. I really think it's absurd
to put these signs up. And I don~ know where Gary McAlpin is coming from, doing that. I really don~, unless he's trying to
punish us or something. But you know it's contrary to what his responsibility is and I think the Commissioners ought to know
!his.
STATUS REPORT ON APPLICATION FOR NEW MANGROVE MAINTENACE PERMIT
CHAIRMAN BURKE: Item 6, status report on application for new permit focusing on mangrove maintenance and
hydraulic balance. Who's going to handle that?
MR PETTY: Mr. Chairman, I'll give a summary, and then Tim can give his status report. As you know, we have gotten
approval from the County Commission to prepare, sign, and submit our next permit application. We were talking about a lO-year
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period in the past; the commissioners approved a 5-year period. We are looking at a little different permit than what we're used
to. And it may take awhile for Tim to figure out what the right one is, although I haven't talked to him today, and he may stand up
to the microphone and go, ''No, done, I already have them." But this is new for us, so it may take us awhile to fully understand
the impacts of going from a 404 and a DEP permit to a new-style permit which is specifically addressing mangrove maintenance
only. Tim, it's all yours.
MR HALL: I actually brought the Management Plan draft and all of you received copies six, eight months ago. What
I've heeD doing since the Commissioners' directive and the Board's directive to me in revising that plan is put more emphasis
on.... I actually brought copies for everybody today. I apologize. I forgot about the deadline that I had to get stuff to Barbara so
she could get it to you for this meeting. I was also a little concerned that. if I gave it to you too soon, there would be other groups
discussing it hefore we had a chance to talk about it, quite honestly. So I went ahead and brought them. I can give them to you
today. They hecome public record. I brought extra copies, because I knew some of the audience memhers would like that as
well. What I've done is gone through and expanded on some sections, Chapter 3 of the Management Plan, to add more detail in
terms of the initial causative agents of the die-off and the restoration activities that have heen done to date. Then I've also put
more emphasis on mangroves throughout the entire document and the mangrove enhancement maintenance restoration activities
within Chapter 7, which eliminated Chapter 6. Chapter 7, which was the management objectives and all, is now Chapter 6. And
what I did there was leave a lot of the same items intact but changed the scope or the final goal of those activities. I made
allowances on some of them that those activities that may he undertaken by Coastal Zone Management. If that's the case, then we
will cooperate with them in terms of data sharing so that all the groups have a good understanding of the work that's heing done in
the system and how it affects the activities that either one is trying to promote or protect.
CHAIRMAN BURKE: Tim, will there he anything new in this? Is our request going to he the same maintenance stuff
we've heen doing?
MR HALL: Yes, basically its the same maintenance in terms of the maintenance of the existing channels; leaving the
possibility that we can do new flushing cuts if the need arises not only in just the hand-cut channels, but I'm also leaving in there
the ability to do maintenance activities in the interior tidal creeks; and to maintain the originally permitted cross-section of the
pass. I think in terms of potential conflict with Coastal Zone Management or CAC, the fact that I'm leaving the ability to maintain
the pass at the previously permitted cross-sections may he an issue with them. But in terms of all the work tWs heen done so fur,
the one overlying theme is that the flushing ofthe system is the most critical component to the health of the mangroves and IIhink
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if the Management Plan and the anticipated activities don~ take into account that that pass is the life blood of this whole system,
then it becomes a much less useful document and much less appropriate for heing able to deal with issues that may come up in the
mangroves.
DR. RAIA: Tim, this tbree-page memo was very good and good that it arrived prior to our hoard meeting, but I was told
we would not discuss this at that board meeting, hecause it had to come through this committee fIl"St. So I want to call your
attention to the bottom of Page 2, where reference is made that we really don~ need a permit. if it is all considered management
maintenance, we can proceed and do what we've heen doing. And, really, basically, that's all, as far as I'm concerned, we're
interested in doing, is just taking care of the mangroves the way we've been doing it and I have wanted to get some official letter
about this. And then somebody at that meeting said, "Oh, we've already applied for that." So where do we stand with this? Is this
a fact, that we don't need a permit. that we can do what we're doing because it's just maintaining what had been approved in a
previous permit? If so, how do we get that in writing so that we have it in perpetuity?
MR. HALL: In terms of maintenance with DEP. again, you have to rememher we have two permits. We have a DEP
permit and we have a Corps of Engineers permit that allow the activities that have taken place to date. With DEP and the State
Regulations, if you do a permitted activity, then you are allowed to continue or to maintain the conditions that were originally
permitted. That's absolutely true. If all we were going to do is maintain the channels that we have already dug and do nothing
else, then, from DEP's standpoint. we would not need a permit to do that. However, if we wanted to expand on the network, if
there was a new side cut that we wanted to put in hecause there was a little area that was ponding, or there was a new area of
stless that we noticed due to ponding or lack of flushing, we would not he able to do that if we did not have a permit. So we
would have to make an application every time we wanted to do some kind of enhancement activity like that.
DR. RAIA: But. I mean, those channels have been there for a few years now and they are working. If we maintain
them, they should continue. I mean, theoretically, yes, that can happen. But the likelihood of that happetting is relatively remote.
And if it did happen, I don~ see where, with our track record of heing successful in the past. that the permitting people would say,
"Oh, no, you can't do that anymore." I mean, I don't think that's a war stopper there, okay? But now you say that the Army Corps
of Engineers also have a hand on this.
MR. HALL: That's correct.
DR. RAIA: Now, is there a problem there?
MR. HALL: It's not an exempt activity with the Corps. So when we would go to try to do the maintenance and all, we
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would need to permit that activity with the Corps, hecause essentially its digging in wetlands, which is what they permit. In order
to do that. we would have to, every year, when we wanted to do maintenance activities, go to the Corps for permission to do that.
In order to mesh both of them, my opinion, and what I've been recommending, is that it's hetter to get permits from both agencies
so that you're covered. If a storm comes through and moves dirt into some of those channels or changes the contours in any of
those areas, without the permit. we would not he able to react to those until we got permits, which could he a year or two years
later, in which case the area's dead. With the permit in place, we can go out there, do the maintenance, clear the obstruction,
whatever it may he, and save the mangroves without having that happen.
DR. RAIA: Is it more difficult to get a permit from both agencies or is it less difficult to get a permit just from the Corps
of Engineers? I mean, what is the level of difficulty in dealing with these agencies?
MR HALL: The level of difficulty - one of the Corps' requirements for them to issue their permit is that you have to
have a state water-<juality certification. It's one of the checklist items. If you don't have a DEP permit in place, we would still
have to coordinate with DEP to prove that we're doing the maintenance activity and get them to respond back to the Corps that.
"yes, that is maintenance, and the water-quality certification originally is something that's still valid."
It's just much easier and much cheaper in the long run, from my standpoint. to have the permits in place now rather than trying to
get them after something happens. It allows you to he proactive instead of reactive.
DR. RAIA: Okay, but I just don~ know why these people are saying that we could go ahead and maintain it when they
should have the experience that. "no, really, you can~ do that." hecause somebody else is going to say, "You can't do it."
MR HALL: The DEP is going to say, "this is what our rules allow." They are not going to comment on what
somebody else's rules allow.
DR. RAIA: But they don~ know that the Corps of Engineers will not allow it? They don~ know that?
MR HALL: They would know that. yes, sir.
DR. RAIA: Marcia, do you something?
MS. CRA YENS: If Tim's done.
CHAIRMAN BURKE: Tim, are you finished?
MR. HALL: I'm done. I'll just hand these out so you people have them to look at.
CHAIRMAN BURKE: Okay. Marcia?
MS. CRAVENS: Yes. I think a couple of things need to he highlighted here. One is that the meeting with the
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Commissioners occurred on April 22nd. There was a meeting with DEP by Gary McAlpin; myself; Tim Hall; Jim Burke was
there; David Buser; Doug Finlay; David Roellig; there were two staffers from Fort Myers DEP; and there was a telephone
conference with Lenny Edwards from Tallahassee DEP. This meeting occurred at Fort Myers DEP on April 30th. We obtained
new information at !his DEP meeting, which has to do with not heing required to submit a new permit application. I hashed this
out with DEP in conversations with them. What was explained to me is there is an application for exemption, hecause what we're
talking about is exemption from needing new permits. All this board has to do is request an exemption application, fill it out. and
submit it. Now, you are not required to use an exemption application. You can continue doing your work without actually even
applying fur it. but what that application will do is it will validate it. It will validate to the DEP that everything that you are
proposing to do, which is continuing to do what you've already heen doing and it simply validates that. okay? Those are the steps
that you take for the documentation that !his is okay to do it !his way. As fur as the activities with the Corps, they actually kind of
see it the same way. You already have a management plan in place; you have heen permitted to do certain activities for
maintenance; and you should he able to continue doing exactly the same thing as long as you are not expanding it or changing it.
Now, I am having conversations with individuals at the Corps to hash that out as well and to see if there is any particular
application or form that needs to he involved with that. I hope that clarifies it a little bit.
DR. RAIA: Well, it gives us two different stories, if that's a clarification. Do they have a spokesman that might come to
a meeting and explain to us directly what can he done rather than sending individuals up and getting different.....
MS. CRAVENS: Thats very good point. We could probably ask them and invite them to come.
DR. RAIA: I think we should do that. And I would suggest this: that we suggest to our board that the board formally
invite a spokesperson from the Corps of Army Engineers and from DEP to get it straight from them exactly what can he done just
to maintain what we have always successfully done in the past.
MS. CRA YENS: And I might add that those permits and the Management Plan include everything that we've heen
doing. It includes the water quality sampling which allowed us to have the clean water eertificate; it allows the interior channels
as long as we're not digging new ones; and it allows the maintenance of the pass. All the work that we are currently doing, if we
want exempt status from requiring application for a new permit. it covers all of those activities. I might just add one more thing.
Even if we submit a new application for a permit that has a narrower scope, it will not contain future activities; so it doesn't really
protect us or help us in any way if we then need to dig new ditches. I might add that we currently have this year through and until
July of next year whereby we are covered by the works that our current permit allows. And, Tim, it might he possible, if you guys
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had the areas of concern that might mean new ditches, if that were taken care of within this period of time.
MR PETTY: Mr. Chairtnan, if I may, two things. If there is to he a meeting on our permit with DEP or the Corps of
Engineers, let me suggest that staff should he present. Currently, we don't have anybody from Pelican Bay Services Division
representing Pelican Bay Services Division with their directive. We have members of Pelican Bay, and we have board memhers,
of course, but we don~ have any directives. And what happens is, we get these opinions coming from all these various entities,
staff hasn't had time to vet any of this information, and we'd like to he able to answer the questions if we could. Second, staff
wishes to tell you that we also recommeod having a permit with these agencies. Even though these agencies, you know, may find
it within their rules to allow the maintenance work to continue, I can tell you, from over 20-years-plus experience, that you can get
yelled at a whole lot for not baving that piece of paper in your pocket. We just spent three months dealing with DEP over that
issue of mangrove maintenance next to our herm; and it got a little nasty there for a while. Now it has all cabned down, and
they've found out that. oh, yes, we can maintain it because the permit was issued and 25, 30 years ago, and, yes, we could. But
without that piece of paper and that written instruction, it hecomes very difficuh.
DR. RAIA: John, I understand what you're saying. And that's why I wanted something in writing that we are allowed to
continue the maintenance of what has already heen permitted. And if we can~ get that. then I agree, we have to get a permit. I
don't want somebody to just say, "oh, sure, you can go ahead and do that" No, I want it from somebody official, some official to
actually give us a document that states we can maintain.
MS. CRA YENS: I have a document.
DR. RAIA: If there's a storm and those channels filled in, to me, to open those channels that were pre-existing hefore
the storm is maintenance. The need for digging a new channel, I consider that rather remote; but I would agree you would have to
get a permit. because you're doing something that's a new activity.
MS. CRA YENS: Dr. Raia, I have a document. I'm sorry it was sent to me from DEP when I was requesting more
information about the exemption situation. There is a document that was originally created by the South Florida Water
Management District that DEP has adopted. And they are rules. The exemption information is within those rules. I would he
happy to forward that on to you.
DR. RAIA: Why don't you forward that on to Barbara?
MS. CRA YENS: Okay.
DR. RAIA: She can make that material available to the board at the next meeting.
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MS. CRA YENS: Absolutely.
CHAIRMAN BURKE: We're getting a little fur afield here. For the next year, there's no problem; we have a permit if
the Army Corps okays the extension. From that point on, we're going to have a new permit. There is no harm in getting that
permit; there's only a plus. So, we have that permit. we're going to he able to continue to do what we do; we're going to he able to
make the additions or changes we have to make. There should he no argument about whether or not we're going to get a new
permit. John Petty supports that. It makes sense to have it so we don't have to he sitting here.
DR. RAIA: Well, yes, but it's only a five-year permit.
CHAIRMAN BURKE: It may he five, yes.
DR. RAIA: And I think we have to pay to get these permits. We pay a lot; we pay a lot to our consultants, staff time,
and everylhing else. It costs money to get those permits. Its not a freebie. Thafs another area that I'm looking at. And if we're
allowed to maintain this, then we should go that route, hecause it doesn't add any expense to what we're doing, we've already paid
that expense because the permit designated what we had to do. We paid for that consultation.
CHAIRMAN BURKE: Well, to me it's an investtnent in our numher-one asset. So I don't have a problem with it.
DR. RAJA: John, I'd like to ask you a question. Perhaps you, as our stalf, our one and only, well, two people, to
actually go to these people that we have heard had been approached with information and carry back to us the true facts of how
we go about doing this without any individual persuasion, but exactly what DEP says and what Corps of Engineers say about this
maintenance. And you were out when I mentioned there's an advantage to maintenance; it's less costly. We have to pay for those
permits. We pay staff to develop it; we have to pay for a consultant to develop it. It costs money. And if we don~haveto go that
route, I suggest that we don~. But I would like to have you come back with the facts and perhaps extend an invitation to some
spokesmen for DEP and the Corps of Engineers to come down and speak to us about !his.
CHAIRMAN BURKE: John, you mentioned staff. I would think we'd bring them in for a Clam Bay meeting if they'd
come. And llhink you need to he the contact point to establish some order to !his !hing, okay?
MR PETTY : We can do that. sir. And I think the objective is well known. It's either a permit or a letter that exempts
us from the permit. In my case, thaes the same thing; whether its a permit nurnher that they approve or it's an exemption letter
that serves the purpose that allows us to take our staff and go do our job. I have no problem at all with doing that; and I think staff
can handle it for you.
CHAIRMAN BURKE: Yes. And then we can ask the questions directly of representatives from both, because
694
Clam Bay Committee Meeting
Mav 21. 2008
16111\1l
apparently anything that's brought back from those meetings is considered suspect.
MR. PETTY: We will try and bring back what we can, sir.
CHAIRMAN BURKE: Okay. Any other comments on this? Point 7, Agenda Item 7, Clam Bay video dissemination
status.
CLAM BAY YIDEO DISSEMINATION STATUS
MR PETTY: Mr. Chairman, we're just trying to report back to you that we have distributed quite a few copies of the
Clam Bay video. It has gone to the Foundation. We've gotten a schedule of this week's airing of "The Jewel of Pelican Bay" and
it appears that we're getting market saturation and, unfortunately, no royalties to go with it. But they're showing it every hour on
the hour; at least it looks like it.
CHAIRMAN BURKE: Who's showing it?
MR. PETTY: The Foundation.
DR. RAIA: Its on 96. And a lot of people have come up to me who admit that they never watch 96 but just happened
to catch this and got glued to it and really enjoyed it and were very pleased to see it. So it is paying off.
CHAIRMAN BURKE: I think Coleman mentioned yesterday that he is getting 12 and he'll offer them at the men's
coffee on a borrow status.
MR. PETTY: Library style.
CHAIRMAN BURKE: Library style, yes.
MR. PETTY: So anybody who wishes a copy you can purchase one for two dollars at the office, and we do have a
borrowing program for the trustworthy.
CHAIRMAN BURKE: So if someone doesn~ want to pay the two, they can borrow it?
MR. PETTY: Yes.
ADJOURN
CHAIRMAN BURKE: Okay. Any other comments on that? Audience comments to close it out? I will entertain a
motion to adjourn.
Dr. Raia moved to adjourn, seconded by M.. Alvarez and was unanimously approved.
- - ~-- -- ---- - - ---- - -- - -- ---- --~--- - - ---
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Clam Bay Committee Meeting
Mav 21. 2008
1611All
**********
There being no further business the meeting was adjourned by order ofthe Chairman at 11:00 a.m.
M
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE INC., BY KAREN
BLOCKRURGER, RPR, NOTARY PUBLIC AND FORMATTED BY MARY MCCAUGHTRY, PELICAN BAY SERVICES
D1YISION.
696
i A 12
1 6 I ~ctober 6, 2008
MINUTES OF THE MEETING OF THE COLLIER COUNTY
PUBLIC VEHICLE ADVISORY COMMITTEE
!\.'T:::/"'I
:,._ LJ
Naples, Florida, October 6, 2008
Fiala
LET IT BE REMEMBERED, that the Collier County Public Vehicle Halas
Henning
Advisory Board Workshop in and for the County of Collier, having Coyle
Coletta~
conducted business herein, met on this date at 9:30 A.M. in REGULAR
SESSION at the Collier County Community Deyelopment Services Division
Conference room #609, 2800 N. Horseshoe Drive, Naples, Florida with the
following members present:
CHAIRMAN: Tony Marino (excused)
Russ Berghuis
Reg Buxton
Ron Doino
Tom Lugrin
Steven Quinn (alternate)
STAFF PRESENT:
Diane Flagg, Director, Code Enforcement
Marlene Serrano, Supervisor, Code Enforcement
Colleen Dayidson, Code Enforcement
Michaelle Crowley, Inyestigator, Code Enforcement
Steve Williams, Assistant County Attorney
Jeff Wright, Assistant County Attorney
MIsc. Corres:
,
DateQ~OA -IJC6
!tem#10 r_(~~t;)--
! A 12
1 6 I ltober 6, 2008
I. Call to Order:
Vice-Chairman Reg Buxton called the meeting to order at 9:30 A.M.
II. Roll Call
Colleen Davidson called the roll and a quorum was established
III. Approval of Agenda
Russ Berghuis moved to approve the agenda. Second by Tom Lugrin. Carried
unanimously, 5-0.
IV. Approval of Minutes - September 8, 2008
Change: Item 7- Speakers, first paragraph: ...Michele Arnold, Alternative
Transportation Mode, Transportation Division not Code Enforcement
Russ Berghuis moved to approve the minutes of September 8, 2008, as
amended. Second by Reg Buxton. Carried unanimously, 5-0.
V. Complaint Report - Michaelle Crowley (handout)
Michaelle Crowley distributed her report and highlighted some of the particulars:
. Total of 58 cases - 47 patrol cases; II industry or public complaints. Four
$500 Citations issued to Atlas Cruisers.
. Attended Special Magistrate on 9/19/08 and 10/3/08 regarding Clean Ride.
Case is pending and being researched.
. Sanibel Taxi has 30 days to contest citation or ask for a hearing.
. Letter of request received from Allen Walker, Dept. of Agriculture, Division
of Weights & Measures, for a list of taxi companies and metered cabs licensed
through Collier County.
. Homecoming season - checked Lely High School: no limos, 2 buses, I taxi.
VI. New Business:
A. New Applications:
Colleen Davidson presented the following application packages, which have been
recommended by staff for approval.
1. Gulf Coast Non-Emergency Transport - Request is for a new CTa
Applicant is Eric Madden, who was present.
Russ Berghuis moved to recommend approval. Second by Tom Lugrin.
Carried unanimously, 5-0.
2. Verve Limo Services, LLC ~ Request is for new CTa
Applicant is Mark Gyetvay, who was present.
Mr. Gyetvay explained that he would be using 3 vehicles and had a local
business address.
Russ Berghuis moved to recommend approval. Second by Tom Lugrin.
Carried unanimously, 5-0.
2
16/'1 A12
October 6, 2008
B. Election of Officers
Vice-Chairman Buxton announced that he was not in favor of holding an
election in the absence of the Chairman, who should be allowed to vote. He
asked to table the election until the full Committee was present. It was strongly
suggested by Attorney Steve Williams that the election be held according to the
time frame required in the Ordinance.
Discussion followed.
Russ Berghuis moved to hold the election according to the Ordinance. Second
by Tom Lugrin. Motion carried, 4 yes -1 no. Reg Buxton voted no.
Nominations for Chairman:
Tom Lugrin nominated Russ Berghuis.
Reg Buxton nominated Tony Marino.
There were no further nominations; nominations were closed.
Bya show of hands Russ Berghuis received 3 votes. Tony Marino received 2
votes.
Russ Berghuis was elected Chairman.
Nominations for Vice-Chairman:
Russ Berghuis nominated Tom Lugrin.
Tom Lugrin nominated Reg Buxton.
There were no further nominations; nominations were closed.
By a show of hands, Tom Lugrin received 3 votes. Reg Buxton received 2
votes.
Tom Lugrin was elected Vice-Chairman.
VII. Old Business:
1. Ordinance Revision (handout)
Attorney Jeff Wright provided copies of the revised wording for:
Section 142-33, changing the renewal date from 12 months to 24 months; and for
Section 142-53, part B, changing the dates for vehicle decaling being color coded,
from February 1 through January 31, to December 1 through November 30.
These changes are to be presented to the BCC at their October 28th meeting.
Tom Lugrin asked if the driver ID renewal would be from the effective date or
from the birth date as it is on regular Driver Licenses. Upon which a brief
discussion was held and it was determined that the effective date would be used.
Diane Flagg mentioned that there were still additional revisions to come for the
full Ordinance change. However. PV AC's agreement was sought for what has
been completed so far, in order to speed up the process and get the BCC approval
as progress advances. Target for the full Ordinance is geared for December. She
stated that significant replication was needed to streamline the Ordinance wording.
3
161'1 A12
October 6, 2008
Russ Berghuis moved that all revisions be completed by the next PVAC meeting
or even at a special meeting called, in order to get it on the November BCC
agenda. Without a second the motion was not considered.
Lengthy discussion revolved around:
. Deadlines for inclusion in BCC and PV AC meeting agendas
· Different deadline dates for Staff and County Attorney re: Agendas
· Possible need for a Special PV AC meeting to meet BCC Agenda
deadlines
. Following the BCC's specific direction
· Approvals by BCC for the changes, strike-outs and streamlined wording
and Specialty Vehicle inclusion.
Attorney Jeff Wright agreed to push for inclusion on the November 18th
Agenda, the revisions, the specialty vehicle and the redundancy changes.
Diane Flagg stated they will target November 18 to go to the Board and will
inform the PV AC if a Special Meeting would be needed before that time.
Russ Berghuis moved for a recommendation to go before the BCC for approval
of removing the redundancy in the Ordinance; approving the changes to
Section 142.33 and Section 142.53 part B and the Specialty Vehicle provision.
And, that all PVAC members receive a copy of that recommendation within the
nextfew days. Second by Tom Lugrin. Carried unanimously, 5-0.
Discussion then ensued regarding the Company and Driver ID renewal coming in
all at once in November, since the Ordinance will change the renewal dates.
Russ Berghuis moved to recommend that both Company and Driver ID
renewals are to be on the Birth date rather than the issue date. Second by
Ron Doino. Carried unanimously, 5-0.
2. Fuel Surcharge - Approved by BCC (handout)
Colleen Davidson provided a copy of the letter sent out to the "For Hire Taxi
Industry" reporting that the per trip fuel surcharge was approved by the BCC on
Sept 9, 2008. Instructions for implementation were provided in the letter.
To a question about the drop rate increase, Diane Flagg stated that no study had
been done on drop rate increases; just for fuel surcharges. A request would have
to come from PV AC.
Reg Buxton moved to recommend a study of a rate increase to the drop rate be
initiated. Second by Russ Berghuis. Carried unanimously, 5-0.
Diane Flagg will keep the PV AC updated on whether the study will be ready to
go before the BCC at their December 16th meeting.
4
16/1A12
October 6, 2008
VIII. Speakers:
Ken Mastrodomenico, Taxi Time: Request was for a mileage charge increase.
He stated the drop rate is fine as long as there's an increase in the mileage charge.
Also, he again asked for more taxi industry representation on the Committee.
Russ Berghuis announced that PV AC will meet with members of Taxi Cab
companies at the end of the November 3rd meeting.
Fizz Papps, Dolphin Transportation: Concern was that the Specialty Vehicle
issue was being addressed.
Diane Flagg spoke about planned revisions in the three sections of the Department:
. Investigations
. Enforcement (Special Magistrate, Code Enforcement Board)
· Operations and Administration (support services for investigations).
Jamie French, who handles regulatory functions for Public Utilities will assume
the regulatory functions for Public Vehicles for Hire (Operations, Ordinances,
renewals. mileage and rate studies). Two of his staff personnel will be assigned to
this area.
Code Enforcement will handle investigations and administration.
Brief discussion followed regarding this process.
Reg Buxton requested a senior staff person, familiar with PV AC, attend at least
the first three meetings to facilitate the transition.
IX. Next Scheduled meeting: November 3, 2008
There being no further business for the good of the County, the meeting was
adjourned by order of the chair at 10:35 A.M.
*****
R COUNTY PUBLIC VEHICLE
RY COMMITTEE
"-- .
ViclI Chll;1""laR, RC6 Buxton
~voJk~\\ ?Jl(~:~\~'\"! Ch\/
------.-.-...------
These minutes approved by the Board/Committee on __, as presented or
as amended
5
RECEIVED
6'1 lA'13
v
Fiala
Halas
OCT 3 0 2008 CHenlning
oye
MINU"PESJ(JF"TIlE MEETING~ttcH OUNTY
RURAL LANDS STEWARDSHIP AREA REVIEW COMMITTEE
Community Development and Environmental Services [CDES] Building; 2800 North
Horseshoe Drive, Rooms 609/610, Naples, Florida, 34104; October 14, 2008
LET IT BE REMEMBERED, that the Collier County Rural Lands Stewardship Area
Review Committee in and for the County of Collier, having conducted Business herein, met
on this date at 9:00 A.M. in REGULAR SESSION at the CDES Building, Rooms 609/610
2800 North Horseshoe Drive, Naples, Florida, with the following members present:
CHAIRMAN, Ron Hamel
VICE CHAIRMAN: Neno Spagna
Brad Cornell [arrived at I 1:00am]
David Farmer
Gary Eidson
Bill McDaniel
Dave Wolfley
Tom Jones
Tammie Nemecek [left meeting at 11 :OOam]
ALSO PRESENT: CDES staff members Thomas Greenwoo.d of the Comprehensive Plarming Department
and Laura Roys of the Engineering and Environmental Services Department as well as approximately 15
members of the public.
I. Call Meeting to Order
The meeting was called to order at 9:05AM by Chairman Ron Hamel.
II. Roll Call
Roll call was taken, and a quorum was established as 8 of 12 members were present, with Floyd
Crews, Jim Howard, and Fred N. Thomas, Jr. having excused absences and Brad Cornell was
expected to arrive later due to a conflict with the BCC meeting.
III. Approval of Agenda
Mr. McDaniel moved to approve the agenda as presented and seconded by Mr. David Farmer.
Voice Vote - Unanimously approved
IV. Approval of Minntes of the October 7, 2008 Meeting
McDaniel moved and seconded by Mr. Farmer to approve the minutes as distributed.
Mr. Hamel asked Mr. Greenwood to brief the Committee on the Committee logistics with respect to
moving forward with the Phase 2 Report and to the now scheduled November 12 EAC presentation,
December I CCPC presentation and the January 29, 2009 BCC presentation. Mr. Greenwood
referred to the attached schedule as discussed on October 7th and stated the following:
. The Committee charge. bv Resolution No. 2007-305A with respect to the Phase 2 Report, is
to "Review the RLSA Overlay and make recommendations to increaM!SAt~tiveness
ofthe Overlay". 0alI: \~ ~Dl ~O~
IIPage Itllmt:lbIc\)A[~
Copies to.
1611 A13
. The timin~ in the completion of the RLSA Overlav by the Committee and the lack of data
and analysis to completely support the proposed changes [staff made this statement in
response to Committee proposed changes to Policies 2.1 and 2.2] has made impractical the
planned Phase 2 Report presentation to the EAC during its November meeting, to the CCPC
on December I, and to the BCC on January 29,2009.
. Following: the existin~ Proiect Management Plan would likely place the presentations to the
EAC in either January or February, the CCPC in March, and the BCC in April.
Mr. Farmer asked what data and analysis is required. Mr. Greenwood stated that the statutes would
require an analysis of the impacts, including upon public facilities and services, that would occur
through the proposed RLSAO amendments. Bill McDaniel stated that it would be prudent to allow
enough time to include the work being considered by Naples Cultural Landscape and to set aside
enough time so that the Committee is not rushed and a good product is produced as the Committee
work will be scrutinized heavily, both locally and on the state level. Tom Jones wondered why the
Committee's Phase 2 Report could not go directly to the Board of County Commissioners, receive
some direction from the BCC regarding possible RLSAO amendments and then go through the EAC,
CCPC and BCC with transmittal and adoption hearings [as opposed to going to each of the bodies
three times]. Al Reynolds stated that the Committee has done well to date and would like to see a
comprehensive set of recommendations corne from the Committee. He stated that he would be willing
to provide an expedited schedule to the Committee for it to consider. Gary Eidson stated that he
would be most disappointed if there would be a lack of interest in putting the Committee
recommendations into the GMP and LDC. Mr. Farmer asked why the Phase 2 Report could not go
directly to the BCC in a manner similar to the East of CR 951 Infrastructure Horizon Study
presentation to the BCC on September 29. Tom Jones stated that he would like to see two schedules
[one following the Project Management Plan and one providing a more expedited schedule to cause
the Committee recommendations to go to the BCC as early as possible].
Mr. McDaniel moved and Mr. Eidson seconded to ask staff to prepare a revised schedule based upon
the current Project Management Plan and the expected delay in getting the Phase 2 Report for review.
Ms. Nemecek asked that the schedule include the tentative dates of RLSAO amendment hearings, etc.
Upon vote, the motion carried unanimously. The Committee also accepted Mr. Reynolds' offer to
develop a schedule for the expediting of the Phase 2 Report.
V. Presentations.
A. Dr. Panl Van Buskirk; Briefin~ on East of Collier Countv CR 951 Infrastructure and
Services Horizon Studv. Dr. Van Buskirk provided an approximate I hour power point
presentation of the Study's findings similar to that provided to the BCC on September 29th. Mr.
Wolfley stated that he felt that the numbers may be accurate, particularly if they are updated
annually, but that the locations of many ofthe public facilities and private developments cannot be
predetermined well in advance. Mr. McDaniel asked if Dr. Van Buskirk could share with the
Committee the map prepared showing possible SRA locations. Dr. Van Buskirk stated that the
map could be made available to the Committee. Mr. Jones cautioned that a person viewing this
map should know what they are dealing with in such maps as they should not be construed as
future land uses and that the model will have to be regularly updated to stay useful. Bill McDaniel
stated that the Growth Model can be updated and that the model is on the internet and those staff
personnel able to update it have been given permissions to do such. Cormac Giblin stated that the
model is excellent and questioned which set of population projections will be used by Collier
County for the RLSA.. .the 2005 projections of 392,000 or the new projections of about 210,000
developed through the East of 951 Study and the Committee. Mike Bosi stated that the County will
need to accept one of the two alternative projections and that the use of the 2035 BEBR projections
is problematic in that their projections are pretty much global for the County and they do not break
down projections to a smaller geography such as the RLSA. Laurie McDonald asked how the
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16/;1 A13
rnodel accounts for demographics, natural resource limitations such as potable water, etc. Dr. Van
Buskirk stated that the model is land based and if it is found that the East of 951 area will have
water available only for 300,000 residents, as opposed to the build-out population of 400,000+,
then the model would be reset with a limit of 300,000 and this would be true for any other required
facility or service. With respect to conservation lands, if lands are removed from possible private
development to conservation, then the model would be adjusted for that as well on an annual basis.
No Committee action was taken and the Committee thanked Dr. Van Buskirk.
VI. Old Business
Phase 2... Review of Group I-Group 5 Policies of the Rural Land Stewardship. includinl!
Issnes. Concerns. apd Ouestions [concentration on Groups 4 and 5 Policies] as well as data
and analvsis with respect to proposed revisions to the RLSA Overlav
The following is a summary of discussions and Committee actions taken on Policies during its
October 14, 2008 meeting.
A & B. Policy 1.6 and 1.7 and Policies 4.4, 4.5, 4.7.1, and 4.14. Mr. Greenwood stated that these
policies are not ready of review by the Committee today and that Transportation has stated that
they would present them on October 21 and Heidi Ashton is in contact with Jolm Passidomo
regarding Policies 1.6 and 1.7 and hoped to have a report on October 21 as well. Mr. Eidson
moved and Mr. McDaniel seconded to table action on these policies to the October 21 meeting.
Upon vote, the motion carried unanimously.
C. Group 5 - Policies that protect water quality and quantity and the maintaining of the
natural water regime and protect listed animal and plant species and their habitats on land
that is not voluntarily included in the Rural Lands Stewardship Area program.
Policy 5.4
Collier County will coordinate with appropriate State and Federal agencies concerning the
provision of wildlife crossings at locations determined to be appropriate. A map of these
potential crossing locations will be developed within 12 months of the effective date of the
Growth Management Plan Amendment and used in evaluating communitv. cultural and historical.
and transportation planning for the RLSA . including all SRAs described in Group 4 Policies.
Public Input:
I. Stronger language for wildlife underpasses and a map of locations [FWF)
ECPO Comments: The RLSA program provides a tremendous framework for facilitating the
establishment of wildlife underpasses, by protecting large expanses of habitat with SSA lands.
The actual need assessments, locating, design, and construction of wildlife underpasses occurs
through the efforts of state and/or federal wildlife and transportation agencies, either as part of
public works projects or as part of the regulatory process for development projects. As one
example, FWC researchers continually evaluate the need for panther crossings, and have maps of
existing and proposed panther underpasses.
2. Panther deaths on 846 are mentioned, but not those on Rte 29 or 41 east, which are many. [Judith
Hushon)
ECPO Comments: Panther deaths on Route 41 East are miles south of the RLSA, as are
incidents on SR 29 south of the Sunniland mines. The panther-vehicle collisions on CR 846 east
of Immokalee were considered when designating the FSA and HSA stewardship overlays in that
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16 J 1
AI3
area. SSA 3 and SSA 4 were later designated along that segment of CR 846 specifically to
provide opportunities for future panther crossings.
Brad Cornell stated that he would like the Committee to consider adding additional language to
Policy 5.4 which was acted upon during the October 7 meeting. He asked the Committee to add
the following language at the end of the last sentence of Policy 5.4: ", including all SRAs
described in Group 4 Policies."
Public Discussion on October 14: None
Committee action taken on October 14: Mr. Cornell moved and Mr. Eidson seconded to add
the words at the end of the last sentence of Policy 5.4: ", including all SRAs described in Group 4
Policies." Upon vote, the motion carried unanimously so that Policy 5.4 now reads as shown
above.
Brad Cornell presented the following proposals to the Committee on October 14 to amend the
following Group 5 Policies [attached to these minutes)
Policy 5.5
For those lands that are not voluntarily included in the Rural Lands Stewardship program, non-
agricultural development, excluding individual single family residences, shall be directed away
from the listed species and their habitats by complying with the following guidelines and
standards:
I. A wildlife survey shall be required for all parcels when listed species are known to
inhabit biological communities similar to those existing on site or where listed
species are directly observed on the site. The survey shall be conducted in accordance
with the requirements of the Florida Fish and Wildlife Conservation Commission
(FFWCC) and u.s. Fish and Wildlife Service (USFWS) guidelines. The County shall
notify the FFWCC and USFWS of the existence of any listed species that may be
discovered. No local permits shall be issued until necessarv state and federal permits
have been obtained.
2. Wildlife habitat management plans for listed species shall be submitted for County
approval. A plan shall be required for all projects where the wildlife survey indicated
listed species are utilizing the site, or the site is capable of supporting wildlife and
can be anticipated to be occupied by listed species. These plans shall describe how
the project directs incompatible land uses away from listed species and their habitats.
a. Management plans shall incorporate proper techniques to protect listed species
and their habitats from the negative impacts of proposed development. Open
space and vegetation preservation requirements shall be used to establish buffer
areas between wildlife habitat areas and areas dominated by human activities.
Provisions such as fencing, walls, or other obstructions shall be provided to
minimize development impacts to the wi ldlife and to facilitate and encourage
wildlife to use wildlife corridors. Appropriate roadway crossings, underpasses
and signage shall be used where roads must cross wildlife corridors.
1. The following references shall be used, as appropriate, to prepare the
required management plans:
I. South Florida Multi-Species Recovery Plan, USFWS, 1999.
2. Habitat Management Guidelines for the Bald Eagle in the Southeast
Region, USFWS, 1987.
4lPage
1 6 I '.1 A 13
3. Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus
polyphemus) Populations found on Lands Slated for Large Scale
Development in Florida, Teclmical Report No.4, Florida Game and
Fresh Water Fish Commission, 1987.
4. Ecology and Development-Related Habitat Requirements of the Florida
Scrub Jay (Apelocoma coerulescens), Teclmical Report No.8, Florida
Game and Fresh Water Fish Commission, 1991.
5. Ecology and Habitat Protection Needs of the Southeastern American
Kestrel (Falco Sparverius Paulus) on Large-scale Development Sites in
Florida, Nongame Technical Report No. 13, Florida Game and Fresh
Water Fish Commission, 1993.
11. The County shall consider any other techniques recommended by the USFWS
and FFWCC, subject to the provision of paragraph 3 of this policy.
iii. When listed species are directly observed on site or indicated by evidence,
such as denning, foraging, or other indications, a minimum of 40% of native
vegetation on site shall be retained, with the exception of clearing for
agricultural purposes. The County shall also consider the recommendation of
other agencies, subject to the provisions of paragraph 3 of this policy.
b. For parcels containing gopher tortoises (Gopherus polyphemus), priority shall
be given to protecting the largest most contiguous gopher tortoise habitat with
the greatest number of active burrows, and for providing a connection to off
site adjacent gopher tortoise preserves.
c. Habitat preservation for the Florida scrub jay (Aphelocoma coerulescens) shall
conform to the guidelines contained in Teclmical Report No.8, Florida Game
and Fresh Water Fish Commission, 1991. The required management plan shall
also provide for a maintenance program and specify an appropriate fire or
mechanical protocols to maintain the natural scrub community. The plan shall
also outline a public awareness program to educate residents about the on-site
preserve and the need to maintain the scrub vegetation. These requirements
shall be consistent with the UFWS South Florida Multi-Species Recovery Plan,
May 1999, subject to the provisions of paragraph (3) of this policy.
d. For the bald eagle (Haliaeetus leucocephalus), the required habitat management
plans shall establish protective zones around the eagle nest restricting certain
activities. The plans shall also address restricting certain types of activities
during the nest season. These requirements shall be consistent with the UFWS
South Florida Multi-Species Recover Plan, May 1999, subject to the provisions
of paragraph (3) of this policy.
e. For the red-cockaded woodpecker Ipicoides borealis), the required habitat
protection plan shall outline measures to avoid adverse impacts to active
clusters and to minimize impacts to foraging habitat. Where adverse effects
can not be avoided, measures shall be taken to minimize on-site disturbance
and compensate or mitigate for impacts that remain. These requirements shall
be consistent with the UFWS South Florida Multi-Species Recovery Plan, May
1999, subject to the provision of paragraph 3) of this policy.
f. In areas where the Florida black bear (Ursus americanus floridanus) may be
present, the management plans shall require that garbage be placed in bear-
proof containers, at one or more central locations. The management plan shall
also identify methods to inform local residents of the concerns related to
interaction between black bears and humans. Mitigation for impacting habitat
suitable for black bear shall be considered in the management plan.
5lPage
16 I II A 13
g. For projects located in Priority I or Priority II Panther Habitat areas, the
management plan shall discourage the destruction of undisturbed, native
habitats that are preferred by the Florida panther (Felis concolor coryi) by
directing intensive land uses to currently disturbed areas. Preferred habitats
include pine flatwoods and hardwood hammocks. In turn, these areas shall be
buffered from the most intense land uses of the project by using low intensity
land uses (e.g., parks, passive recreational areas, golf courses). Gold courses
within the Rural Lands Area shall be designed and managed using standards
found within this Overlay. The management plans shall identify appropriate
lighting controls for these permitted uses and shall also address the opportunity
to utilize prescribed burning to maintain fire-adapted preserved vegetation
communities and provide browse for white-tailed deer. These requirements
shall be consistent with the UFWS South Florida Multi-Species Recover Plan,
May 1999, subject to the provisions of paragraph (3) of this policy. The Multi-
Species Recoverv Plan (1999) shall constitute minimum wildlife protection
standards for the RLSAO.
h. The Management Plans shall contain a monitoring program for developments
greater than 10 acres.
3. The County shall, consistent with applicable policies of this Overlay, consider and utilize
recommendations and letters of technical assistance from the Florida Fish and Wildlife
Conservation Commission and recommendations from the US Fish and Wildlife Service
in issuing development orders on property eefllainiRg utilizing listed species. It is
recognized that these agency recommendations, on a case by case basis, may ehaRge
strengthen the requirements contained within these wildlife protection policies and any
such change shall be deemed consistent with the Growth Management Plan. However. no
relaxation of these wildlife protecton policies will be considered.
Public discussion on October 14. 2008: Tom Jones stated that he has a problem with inclusion
of the additional language in Policy 5.5, paragraph 1. Brad Cornell stated that he is OK with
deleting that language. Brad Cornell stated that all the studies need to be updated. Bill McDaniel
stated that the Committee should consider reference language to the most current studies and not
cite each plan. Brad Cornell stated that he does not object to a universal species clause rather
than list specific studies. Tom Jones suggested that draft language be prepared for Policy 5.5f.
Bill McDaniel suggested drafting language and sending it out to the Committee. Tom Jones
stated that he is trying to forego a list of 68 species. Elizabeth Fleming stated that the language is
a forward looking policy on people interaction. It would require provision of information about
wildlife to people. Gary Eidson stated that this discussion would be a lot easier if there were
specific motion language to vote on and not just ideas.
Public Iuput:
Staff Comments:
Committee Action on October 14. 2008: Brad Cornel moved and Gary Eidson seconded to
have staff develop language for Policy 5.5.2. f. Upon vote, the motion carried unanimously.
Committee Action of October 14. 2008: Brad Cornel moved and Bill McDaniel seconded to
amend the language in Policv 5.5. paragraph 3 as shown. Bill McDaniel stated that he is not in
favor of first change in paragraph 3 in that it is too discretionary and that he is OK with the rest of
paragraph 3 proposed amendments. Laura Roys stated that the word "native" could be inserted
after the words "or listed species" in the fourth line. Mr. Farmer stated that he is opposed to
6lPage
1 6 111\1 A 13
Laura's suggesting citing previous problems with such provisions. Upon vote, the motion failed
by a vote of7-1 with Brad Cornell voting affirmatively.
Committee Action of October 14. 2008: Mr. McDaniel moved and Gary Eidson seconded to
amend Policv 5.5. oaragraph 3 to include the changes proposed in the last two sentences. Upon
vote, the motion carried. 7-1 with David Wolfley voting in opposition.
Lauri McDonald stated that she felt the use of the word "utilizing" rather than "containing" in the
first sentence of Policv 5.5. paragraoh 3 would be more appropliate.
Tom Jones moved and Bill McDaniel seconded to amend the word "containing" to "utilizing".
Upon vote, the motion carried unanimously.
D. Stafr initial review of Naples Cultural Landscape presentation of October 7, 2008. Mr.
Greenwood stated that review memo was provided to the Committee [attached as part of the
Minutes]. Noah Standridge stated that he represents Naples Cultural Landscape and asked that
the Committee not consider any further the 15 comments and questions under the 15 different
policies previously covered by the Committee. He stated that he would like to provide one or two
new freestanding policies for Committee consideration. After discussion, the Committee invited
Mr. Standridge back to its October 2Sth meeting to present the proposed language.
VII. New Business [none]
VIII. Public Comments.
IX. Next Meeting.
Mr. Hamel stated that the next meeting will be held on October 21, 200S. in Rooms 609/610 of the
CDES Building, 2S00 North Horseshoe Drive, in Naples. Fl. from 9:00 A.M. - 12:00A.M and that Neno
Spagna would chair the meeting in his absence.
X. Adjonrnment
Mr. McDaniel moved to adjourn the meeting. seconded by Mr. Eidson with the motion approved
unanimously with adjournment at 12:02PM.
w Committee
These minutes approved by the Committee
amended
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16/1
A13
PHASE II REPORT PREPARATION SCHEDULE AND REPORT FORMAT
REVIEW COMMITTEE DIRECTION
August S, 2008 [updated through October 7, 2008]
SCHEDULE
A. REMAINING REVIEW COMMITTEE MEETINGS
. September 2...RLSA Overlay Review [CDESJ
. September 16...RLSA Overlay Review [CDESJ
. September 23...RLSA Overlay Review [CDES]
. September 30...... RLSA Overlay Review [CDES]
. October 7...RLSA Group 5 Policies [CDES]
. October 14...RLSA remaining Group 4 transportation-related Policies, Policy 1.6, and Data and
Analysis [CDES]
. October 21....Draft Report Review?? [CDES]
· October 28...Final Review and wrap up for Phase 2 Report [CDES]
B. PUBLIC VETTING MEETINGS
. November 12....Environmental Advisory Council
. December l......Planning Commission
. January 29, 2009...Board of County Commissioners
. February 27, 2009....Department of Community Affairs
PHASE 2 REPORT FORMAT AND CONTENTS
The following is format approved by the Review Committee on August 5, 2008:
. COVER
. TRANSMITTAL LETER with 2 maps: 1] "Collier County Rural & Agricultural Area Assessment
Stewardship Overlay Map; 2J "RLSA Status Map" which shows all approved Stewardship
Sending Areas and the one approved Stewardship Receiving Area, The Town of Ave Maria.
. TABLE OF CONTENTS
. EXECUTIVE SUMMARY
. COMMITTEE- RECOMMENDED AMENDMENTS TO THE RURAL LANDS STEWARDSIP AREA
OVERLAY
a. Short Version Annotated
b. Long Version Annotated
. DATA AND ANALYSIS
. APPENDICES
16/1 A13
Co~-rL.. Qount:y
TO: RLSA REVIEW COMMITTEE
FROM: THOMAS GREENWOOD, AICP, STAFF LIAISON
DATE: OCTOBER 9, 2008
SUBJECT: STAFF INITIAL REVIEW OF NAPLES CULTURAL LANDSCPAPE [NCL]
PRESENTATION TO RLSA REVIEW COMMITTEE ON OCOTBER 7, 2008
I. REPORT IN BRIEF. The purpose of this report is to provide the initial staff response to
the Committee's October 7 request for staff review of the materials presented by James
Hammond of Naples Cultural Landscape [NCL] to the Committee during the Committee's
October 7 meeting.
II. BACKGROUND. Mr. Hanunond made an initial brief appearance before the Committee at
the end of the September 30'h meeting and he was invited back to make a more detailed
presentation during its October 7 meeting. Mr. Hanunond made an approximate 45-minute
presentation to the Committee on October 7 and distributed the attached memo to the
Committee addressed to Joseph Schmitt, CDES Division Administrator. Subsequent to
October 7 staff asked for and received a "word" version of NCL' s presentation dated October
7, 2008 addressed to Joseph Schmitt, CDES Division Administrator.
III. BODY OF REPORT. After a review of the information in the packet provided to the
Committee, Staff has the following comments and observations in order to receive further
Committee direction:
A. Cultural Resource Management Handbook of FDOT's Environmental Management
Office dated November, 2004 and related 2008 Florida Statutes. Staff considers this
for information purposes only and not requiring Committee action at this time.
B. Letter dated September 9, 2008 from the Florida Department of State, Division of
Historical Resources. Staff considers this for information purposes only and not
requiring Committee action at this time.
C. 2008 Florida Statutes related to Florida Greenways and Trails Act [FS 260.012).
Staff considers this for information purposes only and not requiring Committee action at
this time.
D. October 7, 2008 letter to Joseph Schmitt, CDES Division Administrator. Staff's
initial review of this letter includes the following:
1. First Statement on Rage 1. The Collier County RLSA does NOT come under the
Florida Statutes and, as such, will not come under the lJrolJosed 9J-5-026
[which is only in the rulemaking process at this time according to Robert
Pennock of the DCA by telephone on October 8, 2008J
llPage
16/1A13
2. Second Statement on oal!e 1. The Collier County RLSA does NOT come under
the Florida Statutes and, as such, will not come under the proposed 9J-5-026
[which is only in the rulemaking process at this time according to Robert
Pennock of the DCA by telephone on October 8, 2008]
3. Interoretation on pal!es 1 and 2. The information on page 2 is support
information leading to the balance of this letter and no Committee action is
required at this time.
4. Goals and Obiectives on oal!es 3 and 4.
#1... US Highway 41 is outside of the RLSA
#2... US Highway 41 is outside of the RLSA
#3, #4, #5, #6 ...All of these goals and objectives will require close
coordination with landowners and funding sources to achieve.
5. Statement on pal!e 4. It should be stressed, in response to the opening
paragraph, that all Review Committee meetings are well advertised and
attended by those having an interest in the RLSA Program 5-Year Review
process, significant products and documents relative to Committee actions are on
the web site, and the Naples Dailv News has published between November I,
2007 and September 2, 2008 no less than 19 articles about the RLSA and the
Committec's meetings. No person from Naples Cultural Landscape has stepped
forward prior to September 30, 2008 and asked to be on the email participation
list [50+] nor contacted current staff assigned to the Committee. As stated
earlier, the Collier County RLSA does NOT come under the Florida Statutes
and, as such, will not come under the proposed 9J-5-026 [which is only in the
rulemaking process at this time according to Robert Pennock of the DCA by
telephone on October 8, 2008]
6. Comments. questions, sUl!l!estions on soecific oolicies listed on oal!es 5. 6,
and 7. IF the Committee decides to go back at this time to address each of the
15 NCL Policy-specific comments, questions, and suggestions in the same open
public manner as those already acted upon by the Committee beginning on April
1, the completion of the Phase 2 Report would be delaved bv a vet to be
determined amount of time.
lV. RECOMMENDATION The Committee has at least two options with respect to the NCL
materials received on October 7: (I) proceed to review the fifteen [15] separate Policies
listed in the October 7 NCL presentation and provide open public responses in the same open
public manner as those already acted upon by the Committee, or (2) receive and include the
NCL materials as an Appendix in the Phase 2 Report in a fashion similar to that of other
received documents. IF the Committee selects Option 2, the NCL will have the opportunity
to provide public input during the Environmental Advisory Council, Planning Commission
and Board of County Commissioners public vetting of the Phase 2 Report as well as during
hearings related to future RLSA Overlay Growth Management Plan Amendments.
Attached: Naples Cultural Landscape October 7, 2008 Requests of the RLSA Review
Committee
21Page
1611 A13
Naples Cultural Landscape
2400 Tamiami Trail N - Suite 300
Naples, Florida 34103
239.594.29780 239.261.6664 F
www.naDlesbackvardhsitorv.or!!
To: C.D.E.S. Division
Joseph Schmit, Division Administrator-
From: Naples Cultural Landscape: A Fund at the Community Foundation of Collier Couuty
Lavern Norris Gaynor, Founder; Lois A Bolin, Ph.D., Strategic Advisor
Date: October 7, 2008
Re: Requests to the R.L.S.A. Review Committee
Statement: Under the direction of the Dept. of Community Affairs a program was started and
irnplemented under Florida Statute 9J-S.026 entitled the Rural Lands Stewardship Area (R.L.S.A.).
On the first page of that programs texts Item # I states- the: Purposes of the R.L.S.A. Program and Item
# 2 states the Purpose of the R.L.S.A. Rule. Under the Standard Option of those purposes # 8 Section B
states as Itern # I : Identify and explain the existing locally specific rural character of the R.L.S.A. and
surrounding area by analyzing its characteristics, including Land use, Development Patterns, and
Economic, Social, Cultural. Historic, Scenic, Landscape, Recreational and Environmental Elernents.
The data and analysis shall include under: Section # 2 Item-I: All forms of rural resource values
including Agriculture; Environmental, Eco Systems, Wildlife Habitat, and Water Resources;
Recreational, Tourism, Scenic; Cultural. and other general arnenity Values.
Statement: Under the Special Option for R.L.S.A. of 50,000 or more Contiguous Acres - Section 7 Item B, Goals
and Objective, and Policies - # E, states; A visionarv Process to provide public participation in the design of any
new town or Rural Village. Under the same section -B, Goals and Objectives, B- Item 10 states; The recording of
a Stewardship easement or Restrictive covenant running with the land in Perpetuity on all designated
Conservation and Agricultural areas in favor of the Countv, the Dept. of Environmental Protection, and the Dept.
of Agriculture and Consumer Services.
Interpretation; It is with the above statements that the Naples Cultural Landscape, a Fund of the Community
Foundation of Collier County, a 501 (C)(3) non for profit organization along with the support of various other non
for profit organizations mostly representing the general charters of Historical Societies which encompass the
policies of Documenting, Recording, Archiving, and Interpreting to the general public all areas pertaining to the
past Historical and Cultural themes represented in the past History and Heritage of Collier County that we do
hereby request these additions and lor revisions be reviewed and entered where possible into the R.L.S.A.O.
policies presently being amended and drafted by the various committees.
I
16'1~I3
The Historical and Cultural aspects of Collier County's past during the establishment of the first Rural
Lands Stewardship Area committee's rneetings, plans, and discussions that took place in early 1999
through 2002 unfortunately were not addressed in any way. This was due to the fact that an accurate
Historical and Cultural Resource Assessment had not been cornpleted and in essence, had not even been
started until 2003. It has taken over 5 years to complete the study and it was realized that any plans that
were being discussed in the new R.S.L.A.O. reviews should include the information that was found in
the study, but more important during that time a plan had been conceived that could incorporate the
objectives and Goals that the present R.L.S.A.O. committee's and interested parties, most notably
landowners, developers, planners, cconomic advisors, tourism concerns, transportation concerns, and
more irnportantly as these meetings that have been going on for many years the concerns about the
Florida Panthers and wide variety of other wildlife that would in the end some how incorporate the rich
Historical and Cultural past of Collier County. On the surface this would seem an Utopian ideal until
you realize the fact that according to the Department of State, Division of Historical Resources states
that in 2007 tourists brought into Florida over 4.7 Billion dollars, 763 million of that went directly to
South Florida with 49 (percent) directly attributable to people who sought out in their specific
destinations areas that had Historical sites and places. This is a 60% increase over the last 4 years and
those figures are expected to double in the next 5 years and exponentially thereafter. Taken with the fact
that one organization and (there are over a half a dozen more) The Florida Communities Trust allocated
73 million dollars last year to projects that secured Stewardship Credits, purchased land for Preserves,
Parks, Wildlife Habitat, Green Space, as well as Cultural and Historical Preservation. As secretary of
the Dept. of Community Affairs Torn Pelham said "Over the past 17 years, these awards will help
communities achieve their vision of Stronger, Greener and Healthier landscapes". As it is spoken of in
the Historical and Cultural study over 80% of Collier Counties land has transitioned from the hands of
the Landowners and Collier County Government into private State and Federal entities in the last 34
years. This leaves the remaining 20% available for practical use by the County and landowners in the
near future. This displays the sirnple fact that in the final phases of build-out the County, Landowners,
Planners, Comrnittee Members, and other organizations are to paraphrase the saying' Trying to describe
an Elephant just by its head '. Understanding that since the inception of the Everglades National Park
was established in 1947 and other 4 State and Federal preserves established since have implernented
only policies that rnainly address Biological concerns. The Hurnan element has taken a back seat as can
be seen in the fact that that with over I million acres under the different park management systerns in the
last 61 years, not one site located on these lands has been registered on the National Register of Historic
Places where the public can have access to today and enjoy. In the final phases of this visioning process
it becomes apparent that if the goals and objectives to "connect the dots" do not find their fulcrum point
the visions so earnestly sought will be like clouds without water. If the only Goal is to build houses and
communities without incorporating the past History and Cultures that S.W. Florida has always had an
association with the uniqueness that can so easily be applied simply leaves way to "offering nothing
rnore than any other cornmunity. It goes without saying that hundreds of thousand of hours labor are
going into the planning stages and untold millions of dollars have been and are being utilized to apply
strategies that in the end will tie into and apply to the final 'Horizon Picture' it would be constructive to
pause and remember that old and well applied adage "That a million rnonkey's typing on a million
typewriters for a million years will never be able to write a Shakesperian play" To simply rely on the
phrase - If you build it they will corne also should have the caveat added - They will ifthere is
sornething to come to. To speak only of Natural Resources and their future conservation as only a
biological consideration in this County and not recognize that the Historical and Cultural Heritage of the
past residents is one of the most important ingredients in that term referred to as Natural Resources.
2
161l~ A13
Therefore the Goals and Objectives proposed by the Naples Cultural Landscape organization in
conjunction with other interested parties and organizations collectively speaking on the Historical and
Cultural Heritage policies that make up the largest part of these organizations goals state and seek to
initiate:
1. Stop the de-designation process that removed the Historic and Cultural attributes of u.s. 41
(Tarniami Trail) and is currently in the process of removing;
A. The 1988 designation of the trail by the State as a- Florida Scenic Highway
B. The 2000 designation of the trail by the Federal Government as a- National Scenic Byway
2. Installation of Historical Markers and Interpretive Centers and/or Kiosks along the entire
distance of U.S. 41 (Tamiarni Trail) stretching from the City of Naples to the Dade County
border that will represent Collier County's past History and Cultural Heritage. This will direct
tourisrn and interest from the east coast and west coast sections that will culminate on Highway #
29.
3. Installation of Historical Markers and Interpretive Centers andlor Kiosks along the entire
distance of Highway # 29 from the south on U.S. 41 north to Immokalee City that will represent
the Collier County's past History and Cultural Heritage as it relates to the past;
A. Historic lurnber towns, Settlements, Farming towns, Oil producing towns [Sunniland], First
Collier County Citrus producing groves, The first Collier County Citrus Carming plant, the first
Railroad in Collier County both passenger and cornmercial [Deep Lake ]-Since Deep Lake is one
of only 5 sinkhole lakes in Florida and has freshwater on its first layer and saltwater on its lower
layer with a resident population of Alligators and Crocodiles living together it would be expected
to draw over I million visitors a year.
B. Seeking cooperation to open Deep Lake to the general public as it was for the first 106 years of
its operation [not currently open to the general public] and having a boardwalk installed.
C. Seeking cooperation to turn the now presently closed Old Copeland Prison into a Pioneer
Museum [This will involve seeking the N.P.S. to return the # I Lee Tidewater Cypress Company
steam train that is presently in the Steamtown Collection in Scranton Pennsylvania]
This will have a positive flow on all visitors and tourists and seek to draw them to the new
Developrnent taking place in the R.L.S.A. area and Immokalee City area.
4. Seek cooperation from landowners to Register Fort Simon Drum-[a known and monumented
site by David Graham Copeland in 1941]. This site is presently 6 miles east ofImmokalee City
one half rnile south of Immokalee Road and would be just on the east side of the new proposed
bypass road that will connect to the road north oflmmokalee City. The Fort Simon Drum site is an early
Army Seminole War fortification and is the only kno~n site of a rnilitary installation in South
West Florida South of the Caloosahatchee River and it is expected that it would draw over 2
million visitors and tourists a year.
5. Seek cooperation with landowners and developers to have Historical Markers or Kiosks
interpreting Collier County's past Historical and Cultural Heritage displayed placed at designated
parks and open green spaces in the future planned developrnents. One example of the benefits
of such a cooperative agreement is the fact that in 2002 prior to development at the Ave Maria
first phase site an expensive Archaeological Survey was required by the State to try to locate a
past Historic site which the owners thought at that time to be the location of Fort Doane an early
Army Seminole War, fortification site. The investigation was done and the required paperwork
was completed allowing the continuation of development. This resulted in a coordinated effort
on the part of several research centers to try to accurately identify the previously rnentioned site.
3
1611 A13
This in turn led to the eventual recording of 9 more sites in the area on 09109/2008- State File Survey
#15576 thereby requiring an additional nine more Archaeological investigative studies being required
before development could proceed at any of those locations in and around the Phase 2 area and the
proposed Big Cypress Development, with at least 3 ofthose new sites in the northern part of the
R.L.S.A. This process has been described as a cycle that continually [feeds on itself] Furthermore it
was discovered that the correct name of the supposed Fort Doane site had already been previously
recorded as the site of Camp Keais and an Archaeological survey might have been avoided. The original
form has now been updated on the Florida Master Site Files to indicate this name change. This is a clear
case of how cooperation between parties would have been beneficial in concrete financial ways. As it is
expected that at least 20-30 possible new locations involving Historical Resources in the northern area of
the R.L.S.A. and the high probability that 5 or more ofthose sites have to do with Native American
Sacred Sites [Federal] it financially behooves all landowners, developers, and researchers to try to
cooperate on any obstacles that would impede any part of the new and growing vision. One of the
proposed solutions would be to bypass the past processes that are costly and paper riddled on each end
and just agreeing to incorporate a basic preset number of interpretive markers or Kiosks in any ofthe
proposed Towns, Villages, or Hamlets in any the public greenways or parks. This would serve to display
the past History and Culture of the county. This in effect is a visionary way in which cooperation can enhance
the value and desirability of any proposed community and fits well with the rural character these new homes seek
to display. As the Collier County Museum already has the equipment to make these markers there would be
minimal costs associated with such a plan.
6. Seek to establish at a rninimurn one continuous Historical and Cultural Heritage Trail unimpeded
and without any Conservation easement restrictions that stretches from the eastern corridor of the
R.L.S.A. to the western corridor of the proposed R.L.S.A.
7. Seek to establish at a minimum one continuous Historical and Cultural Heritage Trail unirnpeded
and without any Conservation easement restrictions that stretches from the southern corridor of
the R.L.S.A. to the northern corridor ofthe proposed R.L.S.A.
STATEMENT:
Although it is understood that that many of the Environmental, Wildlife, and other numerous
agencies including those that have to do with representing the Natural Resources and Endangered
Species legislation have been working on policies that directly and indirectly have relation to the
present R.L.S.A. Processes, Goals, and Objectives, that were started in 1999 and have now been
continuing until the present time in 2008, on behalf of the people and organizations that were not
included [up to speed] in regards to the Historical and Cultural ideals that the original provisions that
were envisioned when the Purpose of the Rules found in D.C.A.s. guidelines came to public
attention and speaking on behalf of those interests now found in the capacity of being a
representative of those voices would ask that a srnall amount of extra time be given to the following
statements which rnost display our unified concerns.
A. That it be recognized that an accurate and up to date Historical and Cultural Resource study has
never been conducted in Collier County since its inception in 1923 until it was presented to
committee rnernbers on September 30, 2008.
B. That a total of 9 new Historical sites comprising a 166 year total span of a timeline of Collier
County's past has been for the first time accepted by the State of Florida 32 days ago.
· This should be accepted as a good faith effort considering these items were presented to this
committee being specifically mentioned- Purposes of rules of the D.C.A. Objectives and Goals-
4
16 I 1 ~
1'1,. '7
)
~,'c. ~>..,
# 1- Standard Options and # 2 Special Options relating to Historical and Cultural values.
Therefore having established the items found on these pages 2,3, and 4 the following comments are
added for the review now taking place on October 7, 9 am. Room 609, on Policy 5, however please find
other comments on policies that may also apply to the present rneeting but nevertheless need to be
entered into the appropriate sections for public cornrnent for those specific policies when the committee
has the tirne.
Policy 5.4
No right of way to be relinquished by the County for Panther crossings on anywhere on
highway # 29 if crossings block way of known Historical sites. As there are a preponderance of past
known sites starting at U.S. 41 and heading north to just south ofImmokalee City totaling 10- they are
protected under the F.D.O.T. Cultural Resource book- 200S Fla. Statutes Title IS-Public Lands and
Property -Chapter 267 Historical Resources 267.021- (3) "Historic Property" or "Historic Resource"
means any Prehistoric or Historic District, site, building, object or other real or personal property of
Historical, Architectural value and Folklife resources. These properties or resources may include but are
not limited to, Monuments, Memorials, Indian Habitations, Ceremonial Sites, Abandoned Settlements,
Sunken Ships, Engineering Works, Treasure Trove, Artifacts, or other objects with Historical or
Archaeological Value, or any part thereof relating to the History, Governrnent and Culture of the State.
267.021-(4) Preservation or Historic Preservation means Identification, Evaluation, Re-documentation,
Analvsis, Recoverv. Interpretation.
? Has F.L.D.O.T. complied with Public Law 89-665, as amended regulations (36 CFR Part 800-revised 1/11/01
Executive Order 11593 Chapter 267 (F.S. Revised 2001), N.E.P.A. 91-190, D.O.T.A. ACT 1966 Public Law 89-
670
I. For all Phases of work on Highway # 29
2. For all Phases of work on Oil Well Road
3. For all Phases of work on # 846
4. For all Phases of work on Camp Keais Road
5. For preliminary plans on # 29 Bypass Road
6. For all Phases of work on # 858
Policy 1.2
Clarify how R.L.S.A.O. interacts with the Florida Greenway and Trails Act - 200S Fla.
Statutes title IS Chapter 260 -260.012 Item I and 2, 3B, and 6-A,D,E,F [Naples Cultural Landscape]
Policy 1.6
No emphasis is put on the Historical Transportation Routes from the south to the north or the
west to the east in the present SSAs. [Naples Cultural Landscape]
Policy 1.7
Historical Interpretation markers, Kiosks, and Cultural Heritage should be allowed to be built
south of Oil Well Road and should have road access planned for them. [Naples Cultural Landscape]
Review easernent language and policies to prevent F.W.C. from holding all easernents. All easements
should go to the County for the Cultural and Heritage Trail. [Naples Cultural Landscape]
5
1611 A13
Stewardship easernents should be held by private entities -Florida Community Trust provided 630
million dollars between 2007 and 2008 and have encouraged and fostered public and private
partnerships. [Naples Cultural Landscape]
S.S.A. Credit agreements should include the Department ofComrnunity Affairs and Florida Forever
programs as the signatories. [Naples Cultural Landscape]
Policy 1.11
Do not remove all the layers in the rnatrix until a Historic and Cultural study has been done
to see how the past pioneers used the Natural Resources of the land. If a critical layer is removed in
respect to a Historic or Cultural site all future uses and activities in that layer are eliminated forever
[Naples Cultural Landscape]
Policy 1.12
Presently only credits for S.R.A. can be transferred for lands that meet the defined Suitability
Standard in the R.L.S.A. for S.R.A.s but language needs to be established to encompass criteria for
Historic and past Cultural sites. [Naples Cultural Landscape]
Policy 1.13
Do the procedures for the transfer of credits include language for Historical or Cultural
Resources since Stewardship credits do not require any G.M.P. amendments.
[Naples Cultural Landscape]
Policy 1.18
Have any studies been implemented to see where the highest ground available can be used for
the Historical or Cultural Heritage Trail and will it have a high enough ground elevation so that it will
not be prone to flooding? [Naples Cultural Landscape]
Policy 1.20
Is there a provision or a percentage allocated for any educational programs that interpret to the
public any part of a Historical or Culturally related theme in the Trust. Are there any incentives to
owners to sell Credits that will go for any programs that have to do with the county's past history?
[Naples Cultural Landscape]
Policy 4.7.1
If towns are described as having "Individual Identitv and Character" to what extent will the
interpretation in the community parks allow for Historic or Cultural values and is there a certain
percentage in space or funds allocated in the plans or designs and what will the towns display or
incorporate to educate the public about the county's Cultural past. [Naples Cultural Landscape]
Policy 4.7.2
If villages have "Character" scaled to each particular village to what extent does this parallel
extend to in the parks and Green Spaces on a Historical level and what association does this have with
the past Cultural Heritage of the past srnall towns of Collier County [Naples Cultural Landscape]
Policy 4.7.3
To what extent will the communities in the Hamlets contribute to the Historical and Cultural
values that were a past part of the county's History and how will this be reflected in their Public Green
Spaces [Naples Cultural Landscape]
6
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Policy 4. 9
Public access should be allowed on all right of ways, Stewardship easements or Conservation
easements in any area of land that is rated in an A.N.R.I. index of 1.2 or higher. By restricting any
Greenways or Buffer Zones, the Historical aspect and in particular the Cultural and scenic resources of
the land will not allow for full enjoyment of any future proposed Historical and Cultural Heritage trail
and will limit Eco Tourism to unsatisfying scenic endeavors. Since there is only 2 % oflands that will
quality for a 1.2 or higher rating, the absolute best lands must be used on the Trail and an exception in
the policy should be rnade as it will be the county's only chance to interpret to the public the best in the
scenic beauty the county has to offer now and in the future. [Naples Cultural Landscape]
Policy 4.11
Where existing Agriculture activity joins a S.R.A. the design of the S.R.A. should not have
more than two geographical sides connecting either in tandem or on opposite sides that will impede any
recreation/open space for a better possibility of having a more pleasing environment.
[Naples Cultural Landscape]
Policy 4.20
For clarification all language spoken of as "Public Benefit" should include whether this
should mean to also be interpreted as public access. [Naples Cultural Landscape]
How do you quantify a percentage of "Public Benefit" relating to Towns, Villages, and
Hamlets, and is there a certain portion of "Public Benefit" that displays in any relevant way a reflection
of any part of Collier County's past Culture or Heritage. [Naples Cultural Landscape]
7
16111\1.5
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Policy 5.1
To protect water quality and quantity and maintenance of the natural water regime in areas mapped as
FSAs and lands described in Policv 3 12 surroundinll the Caron Keais Strand and Okaloacoochee Slouifh
on the Overlay Map prior to the time that they are designated as SSAs under the Stewardship Credit
Program. Residential Uses, General Conditional Uses, Earth Mining and Processing Uses, and
Recreational Uses (layers 1-4) as listed in the Matrix shall be eliminated in FSAs and lands described in
Policv 3.12. Conditional use essential services and governmental essential services, except those
necessary to serve permitted uses or for public safety, shall only be allowed in FSAs with a Natural
Resource Stewardship Index value of l.2 or less. Where practicable, directional-drilling techniques
and/or previously cleared or disturbed areas shall be utilized for oil or gas extraction in FSAs in order to
minimize impacts to native habitats. Asphaltic and concrete batch making plants shall be prohibited in
areas mapped as HSAs. The opportunity to voluntarily participate in the Stewardship Credit Program, as
well as the right to sell conservation easements or a free or lesser interest in the land, shall constitute
compensation for the loss of these rights.
Policy 5.4
Collier County will coordinate with appropriate State and Federal agencies concerning the provision of
wildlife crossings at locations determined to be appropriate. A man of these crossin2 locations will be
develaned bv Januarv 2010 and used in evaluatin2 cornmunitv and transoortatian nlannin~ far the RLSA.
Policy 5.5
For those lands that are not voluntarily included in the Rural Lands Stewardship program, non-
agricultural development, excluding individual single family residences, shall be directed away from the
listed species and their habitats by complying with the following guidelines and standards:
I. A wildlife survey shall be required for all parcels when listed species are known to
inhabit biological communities similar to those existing on site or where listed
species are directly observed on the site. The survey shall be conducted in accordance
with the requirements of the Florida Fish and Wildlife Conservation Conunission
(FFWCC) and U.S. Fish and Wildlife Service (USFWS) guidelines. The County shall
notifY the PFWCC and USFWS of the existence of any listed species that may be
discovered. No local oermits shall be issued until necessary state and federal oennits
have been obtained.
2. Wildlife habitat management plans for listed species shall be submitted for County
approval. A plan shall be required for all projects where the wildlife survey indicated
listed species are utilizing the site, or the site is capable of supporting wildlife and
can be anticipated to be occupied by listed species. These plans shall describe how
the project directs incompatible land uses away from listed species and their habitats.
a. Management plans shall incorporate proper techniques to protect listed species
and their habitats from the negative impacts of proposed development. Open
space and vegetation preservation requirements shall be used to establish buffer
areas between wildlife habitat areas and areas dominated by human activities.
Provisions such as fencing, walls, or other obstructions shall be provided to
minimize development impacts to the wildlife and to facilitate and encourage
wildlife to use wildlife conidors. Appropriate roadway crossings, underpasses
and signage shall be used where roads must cross wildlife corridors.
i. The following references shall be used, as appropriate, to prepare the
required management plans:
1. South Florida Multi-Species Recovery Plan, USFWS, 1999.
2. Habitat Management Guidelines for the Bald Eagle in the Southeast
Region, USFWS, 1987.
.
16/1
3. Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus
polyphemus) Populations found on Lands Slated for Large Scale
Development in Florida, Tedmical Report No.4, Florida Game and
Fresh Water Fish Commission, 1987.
4. Ecology and Development-Related Habitat Requirements of the Florida
Scrub Jay (Apelocoma coerulescens), Technical Report No.8, Florida
Game and Fresh Water Fish Commission, 1991.
5. Ecology and Habitat Protection Needs of the Southeastern American
Kestrel (Falco Sparverius Paulus) on Large-scale Development Sites in
Florida, Nongame Technical Report No. 13, Florida Game and Fresh
Water Fish Commission, 1993.
II. The County shall consider any other techniques recommended by the USFWS
and FFWCC, subject to the provision of paragraph 3 oftrus policy.
iii. When listed species are directly observed on site or indicated by evidence,
such as denning, foraging, or other indications, a minimum of 40% of native
vegetation on site shall be retained, with the exception of clearing for
agricultural purposes. The County shall also consider the recommendation of
other agencies, subject to the provisions of paragraph 3 of this policy.
b. For parcels containing gopher tortoises (Gopherus polyphemus), priority shall
be given to protecting the largest most contiguous gopher tortoise habitat with
the greatest number of active burrows, and for providing a connection to off
site adjacent gopher tortoise preserves.
c. Habitat preservation for the Florida scrub jay (Aphelocoma coerulescens) shall
conform to the guidelines contained in Technical Report No.8, Florida Game
and Fresh Water Fish Commission, 1991. The required management plan shall
also provide for a maintenance program and specifY an appropriate fire or
mechanical protocols to maintain the natural scrub community. The plan shall
also outline a public awareness program to educate residents about the on-site
preserve and the need to maintain the scrub vegetation. These requirements
shall be consistent with the UFWS South Florida Multi~Species Recovery Plan,
May 1999, subject to the provisions of paragraph (3) of this policy.
d. For the bald eagle (Haliaeetus leucocephalus), the required habitat management
plans shall establish protective zones around the eagle nest restricting certain
activities. The plans shall also address restricting certain types of activities
during the nest season. These requirements shall be consistent with the UFWS
South Florida Multi-Species Recover Plan, May 1999, subject to the provisions
of paragraph (3) of this policy.
e. For the red-cockaded woodpecker lpJf.icoides borealis), the required habitat
protection plan shall outline measures to avoid adverse impacts to active
clusters and to minimize impacts to foraging habitat. Where adverse effects
can not be avoided, measures shall he taken to minimize on-site disturbance
and compensate or mitigate for impacts that remain. These requirements shall
be consistent with the UFWS South Florida Multi-Species Recovery Plan, May
1999, subject to the provision of paragraph 3) oftrus policy.
f. In areas where the Florida black bear (Ursus americanus tloridanus) may be
present, the management plans shall require that garbage he placed in bear-
proof containers, at one or more central locations. The management plan shall
also identify methods to inform local residents of the concerns related to
interaction between black bears and humans. Mitigation for impacting habitat
suitable for black bear shall be considered in the management plan.
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g. For projects located in Priority I or Priority II Panther Habitat areas, the
management plan shall discourage the destruction of undisturbed, native
habitats that are preferred by the Florida panther (Felis concoIor coryi) by
directing intensive land uses to currently disturbed areas. Preferred habitats
include pine flatwoods and hardwood harrunocks. In turn, these areas shall be
buffered from the most intense land uses of the project by using low intensity
land uses (e.g., parks, passive recreational areas, golf courses). Golef courses
within the Rural Lands Area shall be designed and managed using standards
found within this Overlay. The management plans shall identify appropriate
lighting controls for these permitted uses and shall also address the opportunity
to utilize prescribed burning to maintain fire-adapted preserved vegetation
communities and provide browse for white~tailed deer. These requirements
shall be consistent with the U,SFWS South Florida Multi-Species Recover Plan,
May 1999, subject to the provisions of paragraph (3) oftrus policy. The Multi.
Snecies Recoverv Plan (1999) shall constitute minimum wildlife nrotection
standards for the RLSAO.
h. The Management Plans shall contain a monitoring program for developments
greater than 10 acres.
3. The County shall, consistent with applicable policies oftrus Overlay, consider and utilize
recommendations and letters of technical assistance from the Florida Fish and Wildlife
Conservation Commission and recorrunendations from the US Fish and Wildlife Service
in issuing development orders on property containing listed species~. or listed sDecies
habitat canable of suooortinll wildlife and can be anticinated to be occuoied by listed
~ It is recognized that these agency recommendations, on a case by case basis,
may efteftgestremrthen the requirements contained within these wildlife protection
policies and any such change shall be deemed consistent with the Growth Management
Plan. However no relaxation of these wildlife nrotection oolicies will be considered.
Policv 5.6 _
Any develooment on lands not narticioatim~: in the RLSA PrOl1Tam will not be included in anv Dossible
Habitat Conservation Plan Conservation Allreement or other federal eauivalent under the Endanll:ered
Suedes Act in the RLSA. and are reauired to oursue aoorooriate oennittim! and mitill3tion throullh the
Florida Fish and Wildlife Conservation Commission and US Fish and Wildlife Service. No countv
deyelooment authorization shall be issued until a USFWS ESA Section 7 or 10 authorization is issued or
deemed unecessarv for the DroDosed develooment.
[** For Policy 5.16 (wetlands protections), I would like to revise the numerous references to
WRAP (delete) and use UMAM as the functional evaluation standard. I also suggest adding a
policy disallowing exotics removal counting at all as wetland impact mitigation (5.6.3.f. - add a
new "iv".) Finally, I would like to add incentives to restore wetlands and habitat through non-
RLSA tools, like Farm Bill easements, grants, tax benefit programs, etc.]
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Policy 5.1e
For those lands that are not voluntarily included in the Rural Lands Stewardship program, Collier County
shall direct non-agricultural land uses away from high functioning wetlands by limiting direct impacts
within wetlands. A direct impact is hereby defined as the dredging or filling of a wetland or adversely
changing the hydroperiod of a wetland. This policy shall be implemented as follows:
1. There are two (2) major wetlands systems within the RLSA, Camp Keals, Strand and the
OkaJoacoochee Slough. These two systems have been mapped and are designated as
FSA '5. Policy 5. I prohibits certain uses within the FSA '5, thus preserving and protecting
the wetlands functions within those wetland systems.
2. The other significant wetlands within the RLSA are WRA's as described in Policy
3,3,These areas are protected by existing SFWMD wetlands pennits for each area.
3. FSAs, HSAs and WRAs, as provided in Policy 5.3, and the ACSC have stringent site
clearing and alteration limitations, nonpenneable surface limitations, and requirements
addressing surface water flows which protect wetland functions within the wetlands in
those areas. Other wetlands within the RLSA are isolated or seasonal wetlands. These
wetlands will be protected based upon the wetland functionality assessment described
below, and the final permitting requirements of the South Florida Water Management
District.
a. The County shall apply the vegetation retention, open space and site preservation
requirements specified within this Overlay to preserve an appropriate amount of
native vegetation on site. Wetlands shall be preserved as part of this vegetation
requirement according to the followmg criteria:
i. The acreage requirements specified within this Overlay shall be met by
preserving ","etlands with the highest wetland functionality scores. Wetland
functionality assessment scores shall be those described in paragraph b of this
policy. The vegetative preservation requirements imposed by Policies 5.3 and
5.5 shall first be met through preservation of wetlands having a functionality
assessment score of 0.65 or a Uniform Wetland Mitigation Assessment Method
score of 0.7, or greater. Within one year from the effective date of this
Amendment, the County shall develop specific criteria in the LDC to be used
to detennine those instances in which wetlands with a WRAP functionality
assessment score of 0.65 or a Uniform Wetland Mitigation Assessment Method
score of 0.7, or greater must be preserved in excess of the preservation required
by Poticy 5.3.
ii. Wetlands utilized by listed species or serving as corridors for the movement of
listed species shall be preserved on site. Wetland flowway functions through
the project shall be maintained.
iii. Proposed development shall demonstrate that ground water table
drawdowns or diversions will not adversely change the hydoperiod of
preserved wetlands on or ofTsite. Detention and control elevations shall be set
to protect surrounding wetlands and be consistent with surrounding land and
project control elevations and water tables. In order to meet these requirements,
projects shall be designed in accordance with Sections 4.2.2.4.6,11 and 6.12 of
SFWMD's Basis of Review, January 2001. Upland vegetative communities
may be utilized to meet the vegetative, open space and site preservation
requirements of this Overlay when the wetland functional assessment score is
less than 0.65.
b. In order to assess the values and functions of wetlands at the time of project review,
applicants shall rate functionality of wetlands using the South Florida Water
Management District's Wetland Rapid Assessment Procedure (WRAP), as described
in Technical Publication Reg-OOI, dated September 1997, and updated August 1999,
or the Uniform Wetland Mitigation Assessment Method, identified as F.A.C.
Chapter 62-345. The applicant shall submit to County staff agency~accepted WRAP
scores, or Unifonn Wetlands Mitigation Assessment scores. County staff shall
review tms functionality assessment as part of the County's EIS provisions and shall
use the results to direct incompatible land uses away from the highest functioning
wetlands accordmg to the requirements found in paragraph 3 above.
c. All direct impacts shall be mitigated for pursuant to the requirements of paragraph (f)
of this policy.
d. Single family residences shall follow the requirements contained within Policy 6.2.7
of the Conservation and Coastal Management Element.
e. The County shall separate preserved wetlands from other land uses with appropriate
buffering requirements. The County shall require a minimum 50-foot vegetated
upland buffer abutting a natural water body, and for other wetlands a minimum 25-
foot vegetated upland buffer abutting the wetland. A structural buffer may be used in
conjunction with a vegetative buffer that would reduce the vegetative buffer width by
50%. A structural buffer shall be required abutting wetlands where direct impacts are
allows ed. Wetland buffers shall confonn to the following standards:
i. The buffer shall be measured landward from the approved jurisdictional line.
II. The buffer zone shall consist of preserved native vegetation. Where natIve
vegetation does not exist, native vegetation compatible with the existing soils and
expected hydrologic conditions shall be planted.
iii. The buffer shall be maintained free of Category J invasive exotic plants, as
defined by the Florida Exotic Pest Plant Council.
iv. The following land uses are considered to be compatible with wetland functions
and are allowed within the buffer:
(J) Passive recreational areas, boardwalks and recreational shelters;
(2) Pervious nature trails;
(3) Water management structures;
(4) Mitigation areas;
(5) Any other conservation and related open space activity or use which is
comparable in nature with the foregoing uses.
v. A structural buffer may consist of a stem-wall, berm, or vegetative hedge with
suitable fencing.
f. Mitigation shall be required for direct impacts to wetland in order to result in no net
loss of wetland functions.
Mitigation Requirements:
i. "No net loss of wetland functions" shall mean that the wetland functional score of
the proposed mitigation equals or exceeds the wetland functional score of the
impacted wetlands. Priority shall be given to mitigation within FSA's and HSA's.
ii. Loss of storage or conveyance volume resulting from direct impacts to wetlands
shall be compensated for by providing an equal amount of storage or conveyance
capacity on site and within or abutting the impacted wetland.
iii. Protection shall be provided for preserved or created wetland or upland vegetative
conununities offered as mitigation by placing a conservation easement over the
land in perpetuity, providing for initial exotic plant removal (Class I invasive
exotic plants defined by the Florida Exotic Plan Council) and continuing exotic
plant maintenance, or by appropriate ownership transfer to a state or federal
agency along with sufficient funding for perpetual management activities.
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16/1
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iv. Under no circumstances will exotics removal or maintenance be considered
acccDtable miti28tion for the loss of wetlands or listed sDecies habitat.
Wy. Prior to issuance of any final development order that authorizes site alteration,
the applicant shall demonstrate compliance with paragraphs (f) i, ii, and iii of this
policy. If agency permits have not provided mitigation consistent with this
policy, Collier County will require mitigation exceeding that of the jurisdictional
agencies.
g. Wetland preservation, buffer areas, and mitigation areas shall be identified or platted as
separate tracts. In the case of a Planned Unit Development (PUD), these areas shall also he
depicted on the PUD Master Plan. These areas shall be maintained free from trash and debris
and from Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant
Council. Land uses allowed in these areas shall be limited to those listed above (3.e.iv.) and
shall not include any other activities that are detrimental to drainage, flood, control, water
conservation, erosion control or fish and wildlife habitat conservation and preservation.
4. All landowners shall be encoura2ed to consider particioatimz in any Of02Tams that orovide incentives
fundim! or other assistance in facilitatiml wetland and habitat restoration on orivate lands. includiml but
not limited to federal fann bill amicultural conservation oro~ams nnvate or Dublic Ilnlnts. tax incentives.
easements and fee or less than fee sale to conservation orollrams.
Policv 5.8
Anv develonment on lands not narticinatiml in the RLS nr02fam shall be reauired to assure comnatibilitv
with surroundi",f land uses. Outdoor lig:htiDll shall be reasonablv manaaed to nrotect the nig:httime
environment. conserve enerllV. and enhance safetY and security. Other comoatibility elements to be
addressed include but are not limited to aooronriate buffers. smoke easements and arncultural neilzhbor
am-eements.
{ formatted: Font 14 pt, Bold
FIala ~P/~
Hatas ~lt/!f ~!- A~' '~E.-IVED
Henning . 16 I 1 ~'#,.. ,-
Coyle \./ .. .' . ,
CO':~NlH~;' OF ~~E MEETING OF THE COLLIER COUNTY
RURAL LANDS STEWARDSHIP AREA REVIEW COMMITTEE
Community Development and Environmental Services [CDES] Building; 2800 North
Horseshoe Drive, Rooms 609/610, Naples, Florida, 34104; October 28,2008
LET IT BE REMEMBERED, that the Collier County Rural Lands Stewardship Area
Review Committee in and for the County of Collier, having conducted Business herein, met
on this date at 9:00 A.M. in REGULAR SESSION at the CDES Building, Rooms 609/610
2800 North Horseshoe Drive, Naples, Florida, with the following members present:
CHAIRMAN, Ron Hamel
VICE CHAIRMAN: Neno Spagna
Brad Cornell
Gary Eidson
Bill McDaniel
Dave Wolfley
Tom Jones
Tamrnie Nemecek
Floyd Crews
ALSO PRESENT: CDES staff members Thomas Greenwood, David Weeks, and Mike DeRuntz of the
Comprehensive Planning Department and Jeff Wright of the Assistant County Attorney's Office as well
as approximately 15 members of the public.
1. Call Meeting to Order
The meeting was called to order at 9:05AM by Chairman Ron Hamel.
II. Roll Call
Roll call was taken, and a quorum was established as 9 of 12 members were present, with Jim
Howard absent and Fred N. Thomas, Jr. and David Farmer having excused absences.
III. Approval of Agenda
Neno Spagna moved to approve the agenda as presented and seconded by Bill McDaniel.
Voice Vote - Unanimously approved
IV. Approval of Minutes of the October 14, 2008 Meeting
Mr.Spagna moved and Mr. McDaniel seconded to approve the minutes as distributed. Upon vote,
the motion carried unanimously.
V. Presentations.
VI. Old Business
A. Discussion of logistics and alternative calendars for Committee Phase 2 Report.
I. Current Project Management Plan alternative for Phase 2 Report. Torn Greenwood
presented the attached Proj ect Management Plan-based revised Phase 2 Report Schedule
which calls for the Phase 2 Report to go to the EAC and CCPC prior to gE ~BCC
IIPage
Dale:
Item':
Copies.~~.____.._.______.
16tl A13
with the tentative schedule to the EAC on February 4, the CCPC on March 16 and 17, and the
BCC on April 7 or 8, 2009 and then proceed with the Growth Management Plan amendments
if directed by the BCC.
2. Alternative Schedule for Phase 2 Report. Al Reynolds with Wilson Miller presented the
attached memo dated October 22, 200S and submitted to the Committee and participants on
October 27'h which proposes a January 13 presentation to the BCC asking authorization to
initiate a Growth Management Plan Amendment (GMPA) Special Cycle for the RLSA
GMPA; a GMPA transmittal hearing before the EAC on February 4; a March 5 GMPA
transmittal hearing before the CCPC; and a April 7, 2009 GMP A transmittal hearing before
the BCC.
Mr. McDaniel moved and Mr. Jones seconded to approve the alternative schedule and to go
directly to the BCC to request a special GMP A Cycle to adopt the proposed RLSA Plan changes.
Upon vote, the motion carried unanimously.
Discussion prior to above vote: Al Reynolds stated that the Committee has met 24 times since
November, 2007; that waiting until 2011 for a RLSA Overlay GMP amendment is too long; that
Wilson Miller is working on data and analysis, but needs some clear direction from the BCC on
timing for the GMP amendments for the RLSA Overlay; and that much of the work to support the
GMP A involving the RLSA Overlay has already been done by the Committee. Brad Cornell stated
that the RLSA Overlay is receiving statewide scrutiny and we need to do it right. He stated that he
had seen Nick Penniman's attached comments. Mr. Comell suggested that the Phase 2 Report be
presented to the EAC, CCPC and the BCC prior to the transmittal hearings. He stated that the BCC
should not be asked to approve the report, but to accept it and provide further direction with respect
to authorizing a special GMP A cycle just for the RLSA Overlay. Dave Wolfley stated that the
executive summary should clearly indicate that the Committee is not asking BCC approval of the
report, but to authorize a special GMP amendment cycle for the RLSA Overlay with the submittal
of the Phase 2 Report to the EAC and CCPC prior to the time of the transmittal hearings.
Mr. Cornell moved and Mr. Eidson seconded to submit the Phase 2 Report to EAC, CCPC and
BCC for their review at the time of the GMP A transmittal hearings. Mr. Cornell stated that he
would like to see the EAC, CCPC and BCC see the Phase 2 Report prior to the GMPA adoption
hearings. Upon vote, the motion carried 8-1 with Mr. Wolfley voting in opposition.
Discussion prior to above vote: Ms. Nemecek stated that the Phase 2 Report needs to go to the
BCC directly for further direction and authorization so that the work of the Committee since
November, 2007 is recognized and that it can go into the GMP amendment process as soon as
possible. Nicole Ryan stated that the Phase I Report and Phase 2 Report both have a purpose and
that she supports following the current Proj ect Management Plan in that it is what has been
expected by the EAC, CCPC and BCC all along and that a thorough review of the report prior to
transmittal hearings is appropriate. Judy Hushon of the EAC stated that the EAC expectation is
that the Phase 2 Report would corne before it just like the Phase I Report did and supports the use
of the schedule developed using the current project management plan. William Hughes, chairman
of the EAC, stated that the public perception of the entire RLSA Overlay review process may be
tainted by not following the established procedure in the proj ect management plan. Nancy Payton
stated that schedule change is a way of expediting the process, eliminating special extra long
meetings to review the Phase 2 Report by the EAC, CCPC, and BCC, and that the content of the
Executive Summary transmitting the Phase 2 Report to the BCC will be important and that she
favors the use of the expedited schedule. Rus.,ell Priddy stated that he supports the expedited way
of presenting the Committee's recommendations to the BCC and asking for GMPA authorization.
2lPage
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Mr. Jones stated that it is important to note that the EAC and CCPC will not be bypassed with the
Phase 2 Report and that it will be made a part of the RLSA Overlay GMP A transmittal hearings.
Mr. Jones requested staff to have a draft Executive Summary for Committee review during its
November 10lh meeting.
B. Phase 2...Review of Group I-Group 5 Policies of the Rural Lands Stewardship Overlay,
including issues, concerns, and questions.
1. Policies 1.6 and 1.7
Policy 1.6
Stewardship Credits (Credits) are created from any lands within the RLSA that are to be kept in
permanent agriculture, open space or conservation uses. These lands will be identified as
Stewardship Sending Areas or SSAs. All privately owned lands within the RLSA are a candidate
for designation as a SSA. Land becomes designated as a SSA upon petition by the property
owner seeking such designation and the adoption of a resolution by the Collier County Board of
County Commissioners (BCC), which acknowledges the property owner's request for such
designation and assigns Stewardship Credits or other compensation to the owner for such
designation. Collier County will update the Overlay Map to delineate the boundaries of each
approved SSA. Designation as an SSA shall be administrative and shall not require an
amendment to the Growth Management Plan, but shall be retroactively incorporated into the
adopted Overlay Map during the EAR based amendment process when it periodically occurs. A
Stewardship Sending Area Credit Agreement shall be developed that identifies those allowable
residential densities and other land uses which remain. Once land is designated as a SSA and
Credits or other compensation is granted to the owner, no increase in density or additional uses
unspecified in the Stewardship Sending Area Credit Agreement shall be allowed on such property
unless the SSA is terminated as provided elsewhere herein.
Policv 1.6.1
Notwithstandinll any orovision herein to the contrary. upon initial aooroval of a Stewardshio SendioQ
Area ("SSA"). the Stewardship Easement shall be established for a term of five vears ("Conditional
Period") and shall be deemed a Conditional Stewardship Easement. The Conditional Period mav be
extended for one additional vear at the option of the owner bv providin~ written notice to the Countv
prior to the expiration of the initial five vear period. All conditions and restrictions of the Stewardship
Easement related to maintaininll the existinl! property conditions. includinll all manallement
obligations of the owner of the SSA lands. shall be in full force throughout the Conditional Period. If
at anv time during the Conditional Period anv of the following events occur. then the Conditional
Stewardship Easement shall become a Permanent Stewardship Easement which shall be final.
perpetual and non-revocable in accordance with the terms set forth therein:
1. Stewardship Credits from the SSA have been assigned to entitle an approved Stewardship
Receiving Area ("SRA"). and the SRA has received all necessarv final and non-appealable
develooment orders. oermits. or other discretionary aporovals necessary to commence
construction. including subdivision plat and site development plan approval. but not buildin~
permits. If Stewardship Credits from the SSA have been assigned to more than one SRA. then the
receipt of all necessary governmental final and non-aooealable develooment orders. oermits. or
other discretionary aoorovals necessary to commence construction of any 8RA shall automatically
cause the Conditional Stewardship Easement to become a Permanent Stewardship Easement:
2. The owner of the SSA lands has sold or transferred anv StewardshiD Credits to another person or
entitv. including a Stewardship Credit Trust as described in Policv 1.20. the closing has occurred.
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and the owner has received the consideration due from such sale or transfer. but not expresslv
excluding:
(a) a sale or transfer of the Stewardship Credits ancillarv to the sale or transfer of the underlying
fee title to the land. or
(b) instances where a landowner establishes an SSA for a specific SRA. whether the SRA is
owned or developed bv a separate or related entitv. and the Stewardship Credits are
transferred as required bv the Growth Management Plan or Land Development Code for SRA
approval: or
3. The owner of the SSA lands has received in exchange for the creation of the Stewardship
Easement Am-cement other comoensation from local. state. federal or orivate revenues
(collectivelv. the "Events").
The LDC shall specifv how. assuming a Notice of Termination (as hereafter described) has not
been recorded. the Conditional Stewardship Easement shall automaticallv convert to a Permanent
Stewardship Easement upon the earliest to occur of (a) anv of the foregoing Events during the
Conditional Period. or (b) 180 davs after the last dav of the Conditional Period. as and to the
extent extended hereunder. In the event that none of the foregoing events has occurred during the
Conditional Period. then the owner of the SSA lands mav within 180 davs after the last dav of the
Conditional Period terminate the Conditional Stewardship Easement bv recording a Notice of
Termination. In addition. if a challenge and/or appeal of a necessarv development order. permit
or other discretionarv approval is filed. the owner of the SSA lands mav elect to extend the
Conditional Period until the challenge or appeal is finallv resolved. If the challenge or appeal is
not resolved such that the construction mav commence under terms acceptable to the owner of the
SSA lands. the owner of the SSA lands mav within 180 davs of the final disposition of the
challenge or appeal record a Notice of Termination. Upon the recording of such Notice of
Termination. the Stewardship Easement Agreement and corresponding Stewardship Sending Area
Credit Agreement shall expire and terminate. the Stewardship Credits generated bv the SSA shall
cease to exist. the rights and obligations set forth in the Stewardship Easement shall no longer
constitute an encumbrance on the propertv. and the SSA Memorandum shall be revised
accordinglv. The owner of the SSA lands shall provide a CODV of the Notice of Termination to the
County.
In the event that the Stewardship Credits from an SSA have been used to obtain one or more SRA
approvals. but none of the foregoing events has occurred during the Conditional Period. then the
Notice of Termination shall also provide for termination of anv SRAs that have been assigned
credits from the SSA. unless the SRA owner has obtained sufficient Stewardship Credits from
another source and such Stewardship Credits have been applied to the SRA. In the event that a
Notice of Termination does terminate an SRA. the owner of the SRA lands shall ioin in the Notice
of Termination.
In the event that a Conditional Stewardship Easement is terminated. all benefits. rights. privileges.
restrictions and obligations associated with the SSA shall be null and void. and the land shall
revert to its underlying zoninll classification. free and clear of any encumbrance from the
Conditional Stewardship Easement and SSA Credit Agreement. If requested bv the owner of the
SSA lands. Collier Countv and the other grantees under the Stewardship Easement Agreement
shall orovide a written release and termination of easement and credit acreements for recordinll in
the public records within 15 davs of request from the owner of the SSA lands. Collier County
shall update the overlav map to reflect the termination of anv SSA or SRA.
This policv shall be implemented in the LDC within 12 months after adoption hereof.
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1611
Public Input:
I. SSA's can be created in a non-contiguous and piece meal fashion, thus assuring no functionality
of wetland land mass. Even though to date that has not been the case, we should consider
language that encourages contiguous SSA's. [Mark Strain]
2. No emphasis is put on trying to avoid fragmentation of natural areas and the maintenance of
corridors. [Judith Hnshon)
ECPO Comments: While it is true that individual SSAs can be non-contiguous, the ultimate
implementation of the RLSA creates two large interconnected environmental systems. It is
understood that this will take many years and the voluntary participation of many landowners to
realize. Map "IE" of the RLSA Five-Year Review, Phase I Technical Report clearly
demonstrates that the approved and pending SSAs are forming large contiguous blocks of
protected lands that have been targeted for public acquisition since the 1970s. The RLSA
program design has resulted in a predictable pattern of envirOlunental protection, and eventually,
all or nearly all of the FSA and HSA areas are likely to be designated SSA lands.
A review of the RLSA Overlay Map (Phase I - Technical Review, Map I) clearly illustrates that
the FSA, HSA, WRA, and Restoration Zone overlays collectively comprise a vast, interconnected
system of flow ways and associated native habitats. These overlays were created for the
expressed purpose of preventing wetland and habitat fragmentation, and maintaining existing
wildlife corridors. Map I E of the Phase I Technical Review reveals that the approved and
pending SSAs form a contiguous block of protected lands that already incorporate a majority of
FSA and HSA lands.
3. Maintain habitat connectivitylprevent habitat fragmentation with large linkages on a landscape
scale and in association with land uses in the open area to maintain functioning systems and
preserve the wetland to upland interface. Of particular note, are further protection of Camp Keais
Strand and maintaining the habitat linkage in the vicinity of SR 29 and Oil
Well Road. [Defenders of Wildlife]
ECPO Comments: The RLSA stewardship overlays (FSA, HSA, WRA, Restoration Zone, and
Open) do not pre-determine sending and receiving area designations, but do influence the
potential location of SSAs and SRAs. In 2002, the sum total of FSA, HSA, and WRA lands
coincided with 91 percent of panther telemetry points collected between 1981 and 2000. A recent
GIS analysis shows that these same overlays now contain 94 percent of all telemetry points
recorded between 1981 and 2007. These data suggest that the overlays very effectively protect the
habitat areas utilized by the Florida panther.
The FWC least cost path analyses suggest that the RLSA program may require refinements in
selected areas to accommodate panther movements between large habitat blocks. These potential
landscape connections are currently being reviewed as part of the RLSA five-year review.
4. SSA approval is not subject to EAC or CCPC review only BCC. SRA approval occurs via EAC,
CCPC and BCC process, as should have been provided for SSA approval [Judith Hushon)
ECPO Comments: The designation of an SSA is a voluntary process, through which a property
owner relinquishes private property rights, reduces the residual land use value of their property,
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16/IA13
and provides a public benefit by permanently protecting natural resources and agriculture,
without requiring publicly funded compensation. The rules and requirements for establishing an
SSA are clear, straightforward, and are not subject to the imposition of conditions and
stipulations. RLSA incentives are designed to minimize obstacles to property owners in
implementing the program. Multiple public hearings are costly and time consmning. Members of
the public, including advisory board members, are not precluded from commenting on an SSA at
the BCC hearing.
The SRA approval process is more involved, as it deals with the establishment of design
guidelines, assessment of infrastructure impacts, and other matters, that warrant the review and
recommendations ofthe CCPC.
ECPO's experience in implementing the RLSA within the process that now exists has resulted in
a successful program, and does not believe changes are needed to the process. ECPO does not
have recommended revisions at this time. However, this policy may need further review with
additional discussion of SSAs. Also per policy, the RLSA Overlay Map should be updated to
reflect SSAs and Ave Maria SRA.
Staff Comments: With respect to July 15 Committee action, the amendments recommended are
minor to correct the title of each of the SSA Credit Agreements.
Public Discussion on October 28.2008: Tom Greenwood stated that the Assistant County
Attorney would prefer that the language be brief in the RLSA Overlay and more detailed in the
LDC. He stated that, should the Committee wish to include the specificity in the RLSA Overlay
that is included in Jolm Passidomo's language, then the language as submitted to the Committee
is acceptable. The attached was presented to the Committee for review. Mr. Jones stated that
the two attorneys have agreed to the language. John Passidomo stated that what you see
embodies the consensus of ECPO and the assistant county attorney. Jeff Wright, Assistant
County Attorney, corroborated Mr. Passidomo' s statement and the content of the language before
the Committee.
Committee October 28. 2008 Action: Mr. Spagna moved and Mr. Jones seconded to approve
the modification of Policy 1.6 and the new policy language as potential Policy 1.6.1. Upon vote,
the motion carried unanimously.
2. Polices 4.4. 4.5. 4.6. 4.7.1. 4.14. and 4.16 Tom Greenwood reported
that these Policies will be ready for discussion on November 10 and
the Transportation Division will be present for that discussion and he
believed that the differences in language have been resolved. No
action was taken.
3. Continuation of Group 5 Policies [beginning with Policy 5.5J
Policy 5.5
For those lands that are not voluntarily included in the Rural Lands Stewardship program, non-
agricultural development, excluding individual single family residences, shall be directed away
from the listed species and their habitats by complying with the following guidelines and
standards:
I. A wildlife survey shall be required for all parcels when listed species are known to
inhabit biological communities similar to those existing on site or where listed
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16J1A13
species or protected species are directly observed on the site. The survey shall be
conducted in accordance with the requirements of the Florida Fish and Wildlife
Conservation Commission (FFWCC) and U.S. Fish and Wildlife Service (USFWS)
guidelines. The County shall notify the FFWCC and USFWS of the existence of any
listed species or protected species that may be discovered.
2. Wildlife habitat management plans for listed species shall be submitted for County
approval. A plan shall be required for all projects where the wildlife survey indicated
listed species are utilizing the site, or the site is capable of supporting wildlife and
can be anticipated to be occupied by listed species. These plans shall describe how
the project directs incompatible land uses away from listed species or protected
species and their habitats.
a. Management plans shall incorporate proper teclmiques to protect listed species
or listed species and their habitats from the negative impacts of proposed
development. The most current and completed data and local. state. and federa
guidelines and regulations shall be utilized to prepare the required management
plans. OpeR space aRa vegetatieR preseryatieR reqlliremeRts sRaH Be usea te
estaBlisR BlIffer areas Betv.-eeR wilalife RaBitat areas ana areaG aeHliRutea BY
RlImaR activities. Provisions such as fencing, walls, or other obstructions shall be
provided to minimize development impacts to the wildlife and to facilitate and
encourage wildlife to use wildlife corridors. Appropriate roadway crossings,
underpasses and signage shall be used where roads must cross wildlife corridors.
Mitigation for impacting listed species habitat shall be considered in the
manm:!cment nlans. as aooropriate,
i. TRe fellewing referenees sRall Be lIaea, aa apprepriate, te prepare tRe
reqllirea ffillRagemeRt plans:
I. SelitR Fleriaa Multi Speeies Reee',"!)' PlaB., USFWS, 1999.
2. HaBitat MaRagemeRt ClliaeliRes f."r tRe Bala Eagle iR tRe SeutReaat
RegieR, USFWS, ] 9&7.
3. Ecele~;y aRa HaBitat PreteetieR Neeas ef GepR.,. Tefteise (GepRema
peIYPRe!ffilG) PeplllatioRs f-e'lIla OR LaRas Slated for Large Seale
Develepment iR Fleriaa, Teelmieal Rep8ft No.1, Fleriaa Game aRd
FreaR Water FisR ColllHlisaieR, 1987.
1. Eeelegy aRa DevelepmeRt Related HaBitat Reqllirements ef tRe Fleriaa
ScmB Jay (.^.fleleeema eeemleseens), Tech:1ieal ReJ3eft Ne. 8, Fleriaa
Game ana FresR Water FisR CemmissieR, 1991.
5. Eceleb")' aRd HaBitat PretectieR Neeas ef tRe SeutReastem .^.meriellll
Kestrel (Falee Sparverius Paulus) OR Large scale Develepment Sites iR
Fleriaa, NeRgame Teehnieal RepBrt Ne. 13, Flmiaa Game aHd FresR
Viater FiGR Cemrnission, 1993.
h fr The County shaH consider any other teclmiques recommended by the
USFWS and FFWCC, subject to the provision of paragraph 3 ofthis policy.
11. tit, When listed species are directly observed on site or indicated by evidence,
such as denning, foraging, or other indications, a minimum of 40% of native
vegetation on site shall be retained, with the exception of clearing for
agricultural purposes. The County shall also consider the recommendation of
other agencies, subject to the provisions of paragraph 3 of this policy.
b.Mana~ement plans shall include provisions for minimizing human and wildlife
interactions. Low intensitv land uses (e.g. parks. passive recreation areas. ~olf
courses) and vegetation preservation requirements, including agriculture. shall
be used to establish buffer areas between wildlife habitat areas and areas
dominated bv human activities. Consideration shall be given to the most
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16/1A13
current guidelines and re~ulations on techniques to reduce human wildlife
conflict. The mana~ement plans shall also require the dissemination of
information to local residents, businesses and governmental services about the
presence of wildlife. practices that enable responsible coexistence with
wildlife. while minimizing opportunites for negative ineraction, such as
appropriate waste disposal practices.
c.The Management Plans shall contain a monitoring program for developments
greater than ten acres.
B. Fsr flareels eSHtaining gOflher tertsises (GsflheRlD flsIYflhemaG), flrisrity shall
Be gj', ell to flreteetiHg the largest mSGt eSHtigusaD gSflher tsrtsise haBitat ...;ith
the greateat HamBer sf aetive BHrrsws, aHd fer flrs...idiHg a e8lmeetisH te sff
site adjaeeHt gSflher tertsise preserves.
e.HaBitat flreservatisH for the Flerid" serllB jay V.pheleeema eserllleseeHs) shall
eOHform to the guideliRes eeHtaiHed iH TeehHieal Repsrt No.8, FIsrida Game
aHd Freah 'Hater Fish CSftomissioH, 1991. The re'luired maHagemetll fllaR Ghall
also prsvide fer a maiHtetl"Hee flrogmm aHd sfleeify aR apflrspriate fire er
meehaRie"1 flrstseols ts m"intaiR the Halliral serne eslllltltlHity. The fllan shall
alGs sHtliHe a pHBlie awarooess flfe,;ram te edueate rcsideRts aBeHt the en site
flreserve and the Heed to maiHtaiH :he seruB '/egetatieH. These re'luiremeRts
shall be eeHsisteHt with the UFWS SmIth Flerida Mlllti Sfleeies Reeever)' PlaH,
May 1999, sHbjeet te the flrevisieHs offlar-agflll'h (3) efthis fleliey.
d.Fer the bald eagle (IIaliaeetus lelweeeflhallls), the re'lHired habitat maHagemeHt
fllaHs shall eataBlish flreteeti'/e ZSReD aroHHd the eagle HeGt restrietiRg eertaiH
aeti"ities. The fllaRs shall alas address restrietiHg eertaiH types sf activities
duriHg the Hest seaSSH. These re'luiremeHts shall Be eeHGistefll "..ith the UFWS
Seath Flerida Multi Speeies Reee','er PlaH, May 1999, sHBjeet ts the flreviaisHs
effler"graflh (3) sfthis flsliey.
e.Fer the red eeekaded wsedfleeker !pieeides BsrealiG), the re'luired haBitat
flroteetioH fllaH shall eHtliHe meaSllres to a...eid adverse iFlljlaets te aeti...e
e!usters aHd to minimize impaetD te foragiHg haBitat. Where adveme effeets
eaH Hot Be a-/eided, measures shall Be talwH te miHimize eH site diGlurBaHee
aHd eeFlljloosate sr mitigate fer iFlljlaets that remaiH. These re'l"iremeHts shall
Be eeRaistent with the UFWS SeHth Flerida Mtllti Sfleeies Reee...el)" PlaR, May
1999, sabjeet te the flre,,.iGioR ef flaragrepa 3) eftais flsliey.
f. lR areas .....here tae Flerida Blae!, Bear (Urstls amerieaml3 fleridaoos) may Be
flreseHt, the maRagemeRt fllaRs shall re'luir-e that garBage Be fllaeed iR Bear
proof eeHtaiRers, at eHe Sf more eeHtralleeatiens. The maHagemeHt fllan shall
alse ideHtify metheds te iHform leeal resideHts ef tae eeHeema related te
iHteraetieR Bet7/eeH blaek Bears aRd humans. MitigatisR fer iFlljlaeting haBitat
stlitaBle for Blaek Bear shall Be eeaGidered iH the maR"gemeat fllaR.
g.Fer flrejeets leeated in Priority I sr Prierity II Panther Habitat arcas, the
_RagemeRt ]'lIaR shall disesllrage the destflletieR sf uHdisturBed, Rotive
haBitats that are preferrcd BY tae FIsrida ]'laHther (Felis eeReeler eeryi) BY
direetiRg iHtetlsi'/e lImd uses te earrcntly diatllfBed areas. Preferred haBitats
iRellide ]'liHe tIatv/eeds aHd hardVleed hammseks. IH turn, these areas shall Be
Buffcred frem the mest iHteHse laHd uses ef the ]'lrej eet BY usiRg lew iHteHsity
lImd lIses (e.g., ]'larks, flassive reereotienal areas, golf eeHrses). Geld eSllrses
witlHH the Rtlral LaHds ,'\;-ea sholl Be designed aHd mOHaged liaing slaHdards
fellHd '.vitaiH this O...erlay. The ffilltlagemeHt ]'llans shall ideHtify llfl]'lrSflriate
lightillg eSHtrels fer theGe permitted llses and shall alse address the Sl'flSrtllHity
8lPage
16(1 A13
to utilize preseriBed Burning te maialain fife ad8j3ted preserO'ed vegetatien
eemnlliRities aad previde Brewse for 'I.-hits tailed deor. These rCE[liirements
shall Be eensisteBt with the UFV/S Seuth Flerida Multi Speeies ReeeO'er Plan,
May 1999, suBjeet te the ]'lrevisien3 efparagra]'lh (3) efthis peliey. The Multi
Saeeios Reeevery Plan (] 999) shall oenstitlite miniffiHm '1.-ildlif.e areteetien
staadards fer the RLS,^,O.
fi.The Maaagement Plans "hall sentain a menitering pregram f-er develepments
greater than 10 aeres.
3. The County shall, consistent with applicable policies of this Overlay, consider and
utilize recommendations and letters of technical assistance from the Florida Fish and
Wildlife Conservation Commission and recommendations from the US Fish and
Wildlife Service in issuing development orders on property eentaining utilized bv
listed species. It is recognized that these agency recommendations, on a case by case
basis, may ehange strengthen the requirements contained within these wildlife
protection policies and any such change shall be deemed consistent with the Growth
Management Plan. However. no reduction of the wildlife protection policies of
Policv 5.5will be considered as these shall constitute minimum standards for
wildlife protection.
Public Discussion on October 28, 2008: Mr. Wolfley stated that he did not feel that bald eagles
should be called out specifically, but that other listed species should be included as well in
paragraph I of Policy 5.5. Elizabeth Fleming agreed that other listed species should be cited so
that the wording is more inclusive. Brad Cornell and Nancy Payton both agreed with Mr.
Wolfley and Ms. Fleming.
CommiUee Action on October 28.2008 on oaral!raoh 1 of Policv 5.5: Mr. Eidson moved and
Brad Cornell seconded to accept the language amendments for paragraph I of Policy 5.5 as
shown above. Upon vote, the motion carried unanimously.
CommiUee Action on October 28. 2008 on oaral!raoh 2 of Policv 5.5. subsection a: Mr. Eidson
moved and Bill McDaniel seconded to accept the language amendments for paragraph 2 of Policy
5.5 through paragraph a as shown above. Upon vote, the motion carried unanimously.
CommiUee Action on October 28.2008 on oaral!raoh 2 of Policv 5.5. subsection b: Mr. Cornell
moved and Gary Eidson seconded to accept the language amendments for paragraph 2 of Policy
5.5 through paragraph b as shown above. Upon vote, the motion carried unanimously.
CommiUee Action on October 28. 2008 on oaral!raoh 2 of Policv 5.5. subsection b: Mr. Eidson
moved and Bill McDaniel seconded to move the last sentence regarding mitigation to the last
sentence of paragraph 2.2a of Policy 5.5. Upon vote, the motion carried unanimously.
CommiUee Action on October 28.2008 on oararzraoh 2 of Policv 5.5. subsection c: Mr. Cornell
moved and David Wolfley seconded to approve this language as shown. Upon vote, the motion
carried unanimously.
CommiUee Action on October 28. 2008 on deletion of existinl! oaral!raohs 2b throul!h 2h of
Policv 5.5: Mr. McDaniel moved and Gary Eidson seconded to delete this existing language.
Upon vote, the motion carried unanimously.
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1611 JA13
Committee Action on October 28. 2008 on amendinf! the lanf!uaf!e of Daraf!raDh 30f Policv 5.5:
Gary Eidson moved and Tom Jones seconded to delete this existing language. Upon vote, the
motion carried unanimously.
Poliey S.li [Bew policy\
.'JW eevel8l'meat 811. laRes Bet l'artiei1'latiRe iR the RLS.'. Proeram aBe/or Ret iRclueee iR aRY
RLS:\ Procram1'lartieieoRls' Hahitot CORsef\'atioR PlaR. CORseryatiea .^.ereemeHt or 8ther feeeral
eOHivoleHt Ufleer the EHaanecree S1'leeies ,'.at iR the RLS/\ are fCE]Hirce to 1'llMSHe allllf011fiale
l'emHttiRe aRe miti~atioR throlleh the Florida Fish aRd Wilelife CORSOrYiltioR COmmiSsi8R ORe
us Fish and 'Nilelife Sef\iee. No eouRly eevclol'meHt !llIthorizatioR shall he isslIee lIRlil a
USFWS ESA SectioR '7 or I Q aHthorizetioR is i3SlIed or eeemee HflBeeessary for tho 1'lrepesed
acyelo1'lmeRl. Landov:Rers are eaeoHfa.:eato llortiei1'late iR ioiRl efforts to estahlish RLS.'. -::ide
wildlife moaaeemeRlllroeroms.
Public Input: none
Staff comments: none
Committee action on October 28. 2008: The Committee consensus was that a proposed Policy
5.6 [shown above] was not necessary.
Policy 5.6
For those lands that are not voluntarily included in the Rural Lands Stewardship program, Collier
County shall direct non-agricultural land uses away from high functioning wetlands by limiting
direct impacts within wetlands. A direct impact is hereby defined as the dredging or filling of a
wetland or adversely changing the hydroperiod of a wetland. This policy shall be implemented as
follows:
I. There are two (2) major wetlands systems within the RLSA, Camp Keais, Strand and the
Okaloacoochee Slough. These two systems have been mapped and are designated as
FSA's. Policy 5.1 prohibits certain uses within the FSA's, thus preserving and protecting
the wetlands functions within those wetland systems.
2. The other significant wetlands within the RLSA are WRA's as described in Policy
3.3.These areas are protected by existing SFWMD wetlands permits for each area.
3. FSAs, HSAs and WRAs, as provided in Policy 5.3, and the ACSC have stringent site
clearing and alteration limitations, nonpermeable surface limitations, and requirements
addressing surface water flows which protect wetland functions within the wetlands in
those areas. Other wetlands within the RLSA are isolated or seasonal wetlands. These
wetlands will be protected based upon the wetland functionality assessment described
below, and the final permitting requirements of the South Florida Water Management
District.
a. The County shall apply the vegetation retention, open space and site preservation
requirements specified within this Overlay to preserve an appropriate amount of
native vegetation on site. Wetlands shall be preserved as part of this vegetation
requirement according to the following criteria:
i. The acreage requirements specified within this Overlay shall be met by
preserving wetlands with the highest wetland functionality scores. Wetland
functionality assessment scores shall be those described in paragraph b of this
policy. The vegetative preservation requirements imposed by Policies 5.3 and
5.5 shall first be met through preservation of wetlands having a functionality
assessment score of 0.65 or a Uniform Wetland Mitigation Assessment Method
score of 0.7, or greater. Within one year from the effective date of this
Amendment, the County shall develop specific criteria in the LDC to be used
10 I P age
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f
'7
~,
to determine those instances in which wetlands with a WRAP functionality
assessment score of 0.65 or a Uniform Wetland Mitigation Assessment Method
score of 0.7, or greater must be preserved in excess of the preservation required
by Policy 5.3.
11. Wetlands and immediate adiacent upland buffers reauired bv regulatorv
agencies that are utilized by listed species, or serving as corridors for the
movement of listed species, shall be preserved on site. Wetland flowway
functions through the project shall be maintained.
111. Proposed development shall demonstrate that ground water table drawdowns or
diversions will not adversely change the hydoperiod of preserved wetlands on
or offsite. Detention and control elevations shall be set to protect surrounding
wetlands and be consistent with surrounding land and project control elevations
and water tables. In order to meet these requirements, projects shall be
designed in accordance with Sections 4.2.2.4.6.11 and 6.12 of SFWMD's Basis
of Review, January 200 I. Upland vegetative communities may be utilized to
meet the vegetative, open space and site preservation requirements of this
Overlay when the wetland functional assessment score is less than 0.65.
b. In order to assess the values and functions of wetlands at the time of project review,
applicants shall rate functionality of wetlands using the South Florida Water
Management District's Wetland Rapid Assessment Procedure (WRAP), as described
in Technical Publication Reg-OOl, dated September 1997, and updated August 1999,
or the Uniform Wetland Mitigation Assessment Method, identified as F.A.C.
Chapter 62-345. The applicant shall submit to County staff agency-accepted WRAP
scores, or Uniform Wetlands Mitigation Assessment scores. County staff shall
review this functionality assessment as part of the County's EIS provisions and shall
use the results to direct incompatible land uses away from the highest functioning
wetlands according to the requirements found in paragraph 3 above.
c. All direct impacts shall be mitigated for pursuant to the requirements of paragraph (t)
of this policy.
d. Single family residences shall follow the requirements contained within Policy 6.2.7
ofthe Conservation and Coastal Management Element.
e. The County shall separate preserved wetlands 11-om other land uses with appropriate
buffering requirements. The County shall require a minimum 50-foot vegetated
upland buffer abutting a natural water body, and for other wetlands a minimum 25-
foot vegetated upland buffer abutting the wetland. A structural buffer may be used in
conjunction with a vegetative buffer that would reduce the vegetative buffer width by
50%. A structural buffer shall be required abutting wetlands where direct impacts are
allows ed. Wetland buffers shall conform to the following standards:
i. The buffer shall be measured landward from the approved jurisdictional line.
ii. The buffer zone shall consist of preserved native vegetation. Where native
vegetation does not exist, native vegetation compatible with the existing soils and
expected hydrologic conditions shall be planted.
iii. The buffer shall be maintained free of Category I invasive exotic plants, as
defined by the Florida Exotic Pest Plant Council.
iv. The following land uses are considered to be compatible with wetland functions
and are allowed within the buffer:
(1) Passive recreational areas, boardwalks and recreational shelters;
(2) Pervious nature trails;
(3) Water management structures;
(4) Mitigation areas;
16; 1 A13
(5) Any other conservation and related open space activity or use which is
comparable in nature with the foregoing uses.
v. A structural buffer may consist of a stern-wall, berm, or vegetative hedge with
suitable fencing.
f. Mitigation shall be required for direct impacts to wetland in order to result in no net
loss of wetland functions.
Mitigation Requirements:
I. "No net loss of wetland functions" shall mean that the wetland functional score of
the proposed mitigation equals or exceeds the wetland functional score of the
impacted wetlands. Priority shall be given to mitigation within FSA's and HSA's.
ii. Loss of storage or conveyance volume resulting from direct impacts to wetlands
shall be compensated for by providing an equal amount of storage or conveyance
capacity on site and within or abutting the impacted wetland.
iii. Protection shall be provided for preserved or created wetland or upland vegetative
communities offered as mitigation by placing a conservation easement over the
land in perpetuity, providing for initial exotic plant removal (Class I invasive
exotic plants defined by the Florida Exotic Plan Council) and continuing exotic
plant maintenance, or by appropriate ownership transfer to a state or federal
agency along with sufficient funding for perpetual management activities.
IV. Exotics removal or maintenance mav be considered acceptable mitigation for the
loss of wetlands or listed species habitat if those lands if those lands are placed
under a perpetual conservation easement with perpetual maintenance
requirements.
-Po< y. Prior to issuance of any final development order that authorizes site alteration,
the applicant shall demonstrate compliance with paragraphs (1) i, ii, and iii of this
policy and SFWMD standards. If agency permits have not provided mitigation
consistent with this policy, Collier County will require mitigation exceeding that
of the jurisdictional agencies.
g. Wetland preservation, buffer areas, and mitigation areas shall be identified or platted
as separate tracts. In the case of a Planned Unit Development (PUD), these areas
shall also be depicted on the PUD Master Plan. These areas shall be maintained free
from trash and debris and from Category I invasive exotic plants, as defined by the
Florida Exotic Pest Plant Council. Land uses allowed in these areas shall be limited
to those listed above (3.e.iv.) and shall not include any other activities that are
detrimental to drainage, flood, control, water conservation, erosion control or fish
and wildlife habitat conservation and preservation.
4. All landowners shall be encouraged to consider participating in anv prog:rams that provide
incentives, funding or other assistance in facilitatin~ wetland and habitat restoration on
private lands including, but not limited to, federal farm bill ag:ricultural conservation
programs, private or public grants. tax incentives, easements, and fee or less than fee sale to
conservation oroe:rams.
Public Input:
I. The actual ability to develop in the RLSA under the standard zoning did not include an analysis
of what amount of non-jurisdictional lands could actually be permitted. This produced a false
sense of urgency to protect environnlentally sensitive land that in reality may never have been
allowed to be improved. Even as 5 or 10 acre home sites, the ability to infringe upon wetlands is
limited. [Mark Strain]
Staff Comments: minor corrections [Comprehensive Planning]
Currently there are no buffer requirements to FSAs, HSAs or WRAs if the project is going through base-
line standards, besides the standard 25' for wetlands. Recommend some type of buffer -commercial
excavation has no minimum setback to an FSAlHSA. Policy 5.6 [Environmental Staff)
12IPage
16J'1 A13
Committee Action on October 28. 2008: Bill McDaniel moved and Gary Eidson seconded to accept the
proposed new language in Policy 5.6, section 3, subsection f iv. Upon vote, the motion carried, 8-1 with
Mr. Cornell voting in the minority.
Public discussion rel!ardinl! lanl!ual!e in Policv 5.6. section 3. subsection f iv: Mr. Cornell suggested
that exotic removal should not be regarded as mitigation. Mr. Priddy supported the mitigation proposal
for exotic removal. Christian Spilker supported the idea but needed clarification on "exotic removal or
maintenance". Nancy Payton stated that she also had a problem with that wording. Dane Scofield
proposed "ongoing control". Elizabeth Fleming suggested removal of that subpart. Tim Durham stated
that SFWMD will specify the expected minimal level of control.
Committee Action on October 28. 2008: Gary Eidson moved and David Wolfley seconded to add
"SFWMD standard" to the language in existing subsection 3f iv of Policy 5.6 and renumber subsection
3fiv to 3fv. Upon vote, the motion carried unanimously.
Committee Action on October 28. 2008: Gary Eidson moved and David Wolfley seconded to leave the
language in existing subsection 3g of Policy 5.6 unchanged. Upon vote, the motion carried unanimously.
Committee Action on October 28. 2008: Brad Cornel moved and Tom Jones seconded to add Section 4
to Policy 5.6, without the last sentence. Upon vote, the motion carried unanimously.
Policv 5.7
Anv development on lands not participatin~ in the RLS program shall be compatible with surrounding
land uses. Outdoor lighting shall be reasonablv managed to protect the nig:httime environment. conserve
energv, and enhance safetv and securitv.
Public input: Dane Scofield asked for someone to define a smoke easement. Chistian Spilker stated that
he is concerned about smoke easements and it gives him pause. Nancy Payton suggested eliminating the
last sentence and that can be addressed in the LDC. Brad Cornell stated that he had no opposition to
eliminating the last sentence. Ru.'s Priddy stated that he would like to see the entire Policy deleted.
David Wolfley stated that lighting is almost always an issue when land use intensity is proposed to
Increase.
Staff comments:
Committee Action taken on October 28. 2008: Mr. Cornell moved and Gary Eidson seconded to add
new Policy 5.7 as outlined above. Upon vote, the motion carried unanimously, 8-1 with David Wolfley
voting in the minority.
Chairman Hamel asked when the Committee should review the remaining issues that may require
additional policies. The Committee felt that when the draft report is in review would be a good time to
review these issues.
Elizabeth Fleming stated that she felt that new Policy 5.5 2b should be put in Group 3 Policies. Tom
Jones stated that it may better be placed in Group 4 Policies related to SRAs. Anita Jenkins stated that
the language in the proposed Policy 5.5 2b is already in the LDC for SSAs, but could be put in the LDC
for SRAs as well. She stated that Policy 5.5 2b would better fit in Group 4 Policies. Ron Hamel
requested staff to provide a review of this issue.
13IPagc
1611 A13
VII. New Business
A. Discussion of Naples Cultural Landscape proposal for Policy language in the RLSA
Overlay. Noah Standridge stated that the distributed Policies 4.4 and 5.7 do not have consensus
yet by the stakeholders and asked that this item be placed on the November 10 agenda.
B. Group 4, Policy 4.1. Tammie Nemecek stated that she would like to submit some proposed
Policy language related to economic development for discussion at the November 10 meeting.
VIII. Public Comments.
IX. Next Meeting.
Mr. Hamel stated that the next meeting will be held on Monday, November 10, 200S, in Rooms 609/610
of the CDES Building, 2S00 North Horseshoe Drive, in Naples, Fl. from 9:00 A.M. - 12:00A.M.
X. Adjournment
Mr. McDaniel moved to adjourn the meeting, seconded by Mr. Eidson with the motion approved
unanimously with adjournment at 12:02PM.
.,.-""'"
Rural La~ Stewa
These minutes approved by the Contiruttee on //~/tJ-OF , as presented X
amended
or as
14 I P age
16 J 1 A 13
Present Technical Review.. Pr'esent RLSAO Recommendations..Phase 2 Report
Phase I Reoort to: to:
Current Schedule
EAC, March 6, 2008 EAC.....November 12, 2008
CCPC, May 1, 2008 [9:00am in BCC meeting Room]
BCC, May 27,2008 CCPC...Deeember 1,2008
DCA, June 23, 2008 [8:30am in BCC meeting Room]
BCC......January 29, 2009
[1:00pm in BCC meeting
Room)
To DCA..Februarv 27,2009
NOTE: The following, as directed by the Committee on October 14, 2008, IS for
Committee discussion purposes during the October 21, 200S meeting.
DRAFT REVISED PHASE 2 REPORT SCHEDULE FOLLOWING THE
APPROVED PROJECT MANAGEMENT PLAN [PMP]
Caveats associated with the Committee's Phase 2 Reoort possible timing under the
approved PMP [CDES and County Manager sign off)
The timing on the release of the Phase 2 Report to the EAC, CCPC, and BCC is primarily
dependent upon:
I. The timing of the Committee completion of the RLSAO Phase 2 Reoort; and
2. Whether the Committee wishes to have a full data and analvsis section in the Phase 2
Report [required for a GMP amendment]. Staff has previously stated, in response to
Committee actions to proposed amendments to Policies 2.1 and 2.2 that there is not
sufficient staff at this time to do the data and analysis to support such amendments
and, for that matter, other proposed amendments to the RLSAO.
Accordingly, the following DRAFT schedule is based upon Committee wrap up of the Phase 2
Report not later than November 25, 2008. IF the Committee wraps up the Phase 2 Report later
than November 25, then this schedule MAY need to be revised.
October 21, 2008.......Committee completion of Policies 1.6,4.4,4.5,4.7.1, and 4.14 and
remaining Group 5 Policies
October 28, 2008.. .....Committee review of Policies yet to be proposed by Naples Cultural
Landscape and further direction to staff from the Committee
November 25, 2008... . Committee review of draft Phase 2 Report and wrap up.
************************************************************************
February 4, 2009.. ....EAC review of Phase 2 Report February 4 is the EAC regular
monthly meeting date and the date, tirne and place will need to be
confirmed with the EAC]
March 16/17 CCPC review of Phase 2 Report. These dates are open and
reserved for the BCC meeting roorn, but will need to be
confirmed with the CCPC as dates suitable to the CCPC.
April 7 and/or 8, 2009...BCC review of Phase 2 Report. These dates are open and
reserved for the BCC meeting room have been reserved.
However, confirmation ofBCC availability will have to be made.
1
1611AI3
GMP AMENDMENTS....POSSIBLE SCHEDULE
NOTE: Verv preliminarv schedule and subiect to revisions. The following, as
directed by the Committee on October 14, 2008, is for Committee discussion purposes
during the October 21, 2008 meeting. There are many more timinl! uncertainties
regardinl! GMP arnendment than Phase 2 Report presentation and direction for the
following reasons:
I. Annual Cvcle GMP Amendments [local timinl! determination). BCC
Resolution No. 97-431 provides for one GMP cycle per year unless the BCC
authorizes a second GMP cycle which is also the limitation [2 per/year] per
Florida Statutes. Thus, there are two local options on timing for the GMP
amendments for the BCC to consider as follows:
A. The BCC could authorize the inclusion of the RLSAO GMP amendments
into the current annual 2009 cycle [submittal deadline is April 25. 2009.]
This could be done by the BCC during its tentative April 7 or 8 review of
the Phase 2 Report.
B. The BCC could authorize, due to the enormity of the RLSAO GMP
amendments and thc special public interest shown in these possible
amendments, a second special GMP amendment cycle and then the
RLSAO GMP amendment application could be .filed any time afier April
25, 2009.
2. Timing of Comprehensive Plan Amendment Process [external limmg
determination per attached from Section 163.3184, Florida Statutes.
Following the local transrnittal hearings [CCPC and BCC], then the timing
and procedures would follow per the attached "Cornprehensive Plan
Amendment Process" provided for in Section 163.3184, Florida Statutes.
3. Timinl! of Transmittal Hearinl!s and Adoption Hearings. Comprehensive
Planning Department's current estimate of 2009 cycle GMP amendments is to
have transmittal hearings in summer or fall, 2010. No dates have been set as
the 2007/2008 cycle hearings have not been set and it is unknown how many
applications will be submitted for the 2009 cycle. Transmittal hearings and
adoption hearings are held in the time set forth in the attachment. At this time
it is estimated that RLSAO amendments could become effective some time
during the last half of 2011. This timing is felt to be aggressive and is
dependent upon compliance with all local policies, resolutions, ordinances
and State Statutes.
2
16
1
A13
Comprehensive Plan Amendment Process
Scdlur 16J 318.-1 F'()!/(Ll .:Jf'lhj{{;~
Proposed Phose
lcCl;t1 (JO\"iE"rrment tlane.mlls Un-.;! copi~~ of
the p13f1 amendmert to the DEpartment of
Community Affair;> (DC,~) and one copy to
re'llewageOQes (LoclllgawmmoiJl ;nay~
rtl'lofewatlf,msmittal).
"{nt'Nt/pfete"
local government and
agemles notifie::l submittal
IS "Incomplete"
(W,",IIl~\M::>Jl'I"g1ay.~(>f
rowifl/!
"Cmnpll'u"
local government and agencies I)Ctifi€'d
Jubmitiotra"o:lmplc1(\"
'W~f/I"lIlV.)(j(lfI{IdaysorIUC/iIipl/
""V/ nf(UI!SI((/J'("l'ie>>"
, Review agenciw hell/de
appropflate Regional Rannmg
Council and llJa:er Management
Dt:.llit;\, Dt:!~rLIII"11l0r
Tnnspor:ation, Departmert of
El'lvironrrenlal Frotection,
Of'partment of Slate: the 8::Jpropriate
cO\Jnt~ (mlJnicipal plan emendmenb
only): the Florida Fisll and Wik1hfe
Conservation Commission and the
Department ot AgriCulture and
C or'I'iU mer SllIrvice'i; {co," nty plan
amendments only); and the
D~partm~nt Df Edu(~'on (;1ublic
edtlCi'lbonal taGiitie~ element only)
Revi""", egencie$ I!-end co"menb to DCA
'Wntm311oo}l><>f,~of~iI11IOOdmwt;.
Local gove'oment reQuesb;;
review.
RPC/Affectod penon requ9~
leYlew.
"UI" tt"U
tr> ~"";"'II'"
keglo~all--'Iannlng COU~ClI:~I--'l:)1
Affected ptlrs~n send6 DCA rcquc$t te
reVifNIrMJstOO/'I'KElIV$1W1'/I!rt'Odavsen..,
frll,lSmlfmlJ
.-------:~n~:-----...
. ",n.-...il"w" ~ local go~ernmmt of ioo -........,
__ rX-ciSlon loreview ,Wlfin3$daJ-s ___
~~~;:nr~______
___________;mm____.. ______m ___~"'i~---- ______ ..__ m
OCAisSllesORC IWltI:In
6Cd!I)SofliKXijlla'cor:l!'Jiolfl
~:>Il>m",,~t).
Ado ted Phase
_Deal government adopG plan
.. ~mendments v..ith effeoo'e date. (hlll';Il 60
daysa/f6'"lUa/ipl,JfORCaWtWII'il120dayswa'J
EAR.ooSEJda,l'loomm,1It)
LOC;aI go"ernlneflt C>Jbnrts three
COpiM 01 adopted plan amendment to
DCA one copy to review agencies,2
rWlhilllD ....or~mlJ :htY3 afler81opli0I1,
"Uopted A_nJmmt Ifitll Ohjedi,lIl~ r>>, ChllJ~I!!" "l-ndmllgl!d A.J11J!/tJ1>If!ll! riO: Revw..'~d r)r willI /to Objufitlw'
-----oc~~
~otice oflntent:NC'll.',li'i'Irlln45 "In"
____d1ys <<_..ipl rN800rrp/elv BdJpIOd.____
~ ,.snn~......"'*"_J ___
~'ianr'....
"[n"
'1nUI1II/Jlilln('e"
Adminiittrativt- Ploceedillg
pUr$uanttos.120 57, FS
If chaienged, Of
tlur,dnotin
compliance
ne~otiation rray
leildto a
Ifchii:llle~IKl,lef~llo
DCAHAdmin''itr.rtive
Proceeding pJrstlam 10 Ii
120.57, F.S
DCA requests hearing,
DOAH. (DMsIo~ o(AdrItI'ilistntllw
rieal1i'lQs.DfIpoarfrnoolafM-<1l1i'(lQ-
menlServireI;)
Affected Party has 21 days
to challenge
~ DCA does lot review
for cC'mpliance adoo-ted
small scale
amerdments, L;)ca
govemments are
required to tlJbmit one
copy of the ado;)ted
smaD scale amendment
to DCA:MId ttle RP~
DCA 01 Admi.--j.,tr~tion
Commssion Fina Order
~
I =.tfecnve Uate
('.ompliaflcl;I-
3f;HHlmQ'1t OI'1d
remedi8' pl6n
amendment
plI(Suamto
s.163.31E4(16I,
FS
J NOI will be published
30deys after receipt of
(.;orn~i~nce ilgreemefll
amerdmllnt
Q'Ii'$tiollS. mJJ .f?ql'I:'ld,.TII/;,~. !iwv,w cj81<11" Pfmllltllt.
j)"P7TIIR<!1I1 o/CrJ",munitY'Ur/Jir!i <II (1'.50)l;21.) 7(,7
<'In",f: n'y,/!'uboJ',kx!j'dcOl suuJ71l.'
Updaf~ Apnl 2002
4 local g.)\Iernment
coll-rllmatllat the
adopted aml'tndmlNlt is
unchanged from the
proposed anendment,
W!l$ not reviewe-d olld
no objections were
raised by all affected
party or -me Depanmeflt
1611 AI3
Wi/~M;lIe'.
..'::5(),.:
New DlrBCtions In Pfanni"l1. Desion & fflf}ineeflfl{}
TO:
CC:
FROM:
DATE:
SUBJECT:
Collier County RLSA Review Committee
Tom Greenwood
AI Reynolds
October 22, 2008
Proposed Schedule
At the Collier County RLSA Review Committee on October 14, there was a
discussion about the schedule for completion of the Committee's work and the
process that will follow, leading to transmittal and adoption of the Growth
Management Plan (GMP) Amendment necessary to implement the Committee's
recommended policy changes. I proposed an alternative approach to the
published schedule that would forward the RLSA Review Committee's Report
and Recommendations directly to the BCC for their review and action to initiate a
special GMP Amendment cycle to formally review, transmit and adopf the
changes. The advantages to this proposal are several. First, there will be a
significant savings of staff time and cost, as duplicative advisory board meetings
will be eliminated. In addition, as the County Staff intends to rely upon
WilsonMiller to help complete the data and analysis to support a GMP
Amendment, on behalf of our clients we need assurance that the County intends
to initiate the amendment process. This approach will also give clearer direction
and context regarding the role of the Advisory Boards in their review of the
proposed changes.
Based on the latest sfaff analysis, the Committee will wrap up the Phase 2
Report no later than November 25, 2008. The following would be a
recommended schedule thereafter:
January 13. 2009: Presentation of the Committee Report to the Board of
County Commissioners and action by the BCC to initiate a special Growth
Managemenf Plan Amendment Cycle for the RLSA Plan Amendment.
February 4. 2009: EAC review of the RLSA Plan Amendment
March 5. 2009: CCPC review of the RLSA Plan Amendment
April 7. 2009: BCC review of the RLSA Plan Amendment and action to transmit
the Amendment to DCA.
The timing of the process after transmittal will depend on the response from the
DCA regarding the completeness of the GMP Amendment and any Objections
Recommendations or Comments. Assuming a typical ORC Report and response
from the County, I would anticipate adoption hearings in the fall of 2009.
1611
A13
Sunday, October 26, 200S
Dear Chairman Hamel and Committee Members:
For the past 412 years, ] have been a mernber of the Collier County Environmental
Advisory Council (CCEAC); the contents of this letter express my individual opinion
only. At the October 14th meeting of the Rural Lands Stewardship (RLSA) Review
Cornrnittee, the idea was put forth by some members that initial Phase 2
recommendations be brought directly to the Board of County Commissioners (BCC)
without benefit of review by the CCEAC and the Collier County Planning Commission
(CCPC). This change is to be further discussed at the RLSA Review Committee on
October 2Sth. I am strongly opposed to this idea for the following reasons:
I. What's the rush? Given the real estate rnarket in Collier County, with
rnassive inventory, there is no pressing economic reason to sidestep the
review process already in place. We are talking about the next twenty years
in eastern Collier County, and we need to be deliberate and thoughtful with
adequate public input every step of the way. And, the east of 951
infrastructure study was at an entirely different scale than the RLSA - it is
not cornparable.
2. This would circumvent the established process already in place. The RLSA
Rcview Committee came to the CCEAC and the CCPC with the results of
their Phase I Technical Review. We were told, at that time, that you would
return with Phase 2 recommendations; that is in the existing Project
Management Plan.
3. The CCEAC and CCPC were establishedfor this very purpose. We would
like the opportunity to carefully review initial Phase 2 recommendations
because our proven expertise would rnake the final work product of the
Review Committee a better docurnent for presentation to the BCC.
The RLSA Review Cornmittee mernbers articulated a rationale that Phase 2
recommendations would need to be translated into Growth Management Plan
amendments, and would come to CCEAC and CCPC review in that form after receiving
"guidance" from the BCC. That rnay be true, but from my 4 12 years on the CCEAC it is
much better to review a plan in its comprehensive, whole, organic form rather than as a
series of disconnected paragraphs, couched in the legal terminology of growth
management plan amendments.
I hope the RLSA Review Committee will follow its original Project Management Plan.
That's what the public expects, and that's what we all deserve.
Sincerely yours,
Nicholas G. Penniman IV
GreenwoodThomas
1 ?.-Ll A 13
%L-i~E!5 /'&':;" 7
I
From:
Sent:
To:
Subject:
Attachments:
ashton_h
Wednesday, October 15, 20083:52 PM
'John M. Passidomo'; GreenwoodThomas
FW: SSA Reverter Policy Proposal
20081014084135437.pdf
John and Tom,
For Tuesday, we will need to clarify under Section 2: What is an unrelated entity? Different officers
and directors? Please clarify what is intended.
Also, I'd prefer to have some language in the first full paragraph after Section 3 to provide that: After 5
years of the establishment of the SSA, or anyone year extension of the conditional period of the
conditional stewardship easement, the conditional stewardship easement shall become permanent
unless the owner records a notice of termination.
Please also make sure that the RLSA committee understands that I continue to recommend that the
GMP language I previously provided, but if they desire to place the details in the GMP amendment,
that I am recommending the above changes.
Thanks
Heidi Ashton-Cicko
Heidi Ashton-Cicko
Assistant County Attorney
Phone (239) 252-2939
Fax (239) 252-6300
From: John M, Passidomo [mailto:jmpassidomo@napleslaw.com]
Sent: Tuesday, October 14, 2008 8:58 AM
To: ashton_h
Subject: SSA Reverter Policy Proposal
The attached draft picks up the one year extension option the Committee discussed last Thursday and clarifies the
meaning of "irrevocably" sold in accordance with your request.
John M. Passidomo
Florida Bar Board Certified Real Estate Lawyer
For the Firm
Cheffy Passidomo Wilson & Johnson, LLP
821 Fifth Avenue South, Suite 201
Naples, Florida 34102
Telephone: 239-261-9300
Direct dial: 239-436-1529
Fax: 239-261-0884
imoassidomoC1ilnaoleslaw.com
1
(VII) Policy 1.6
Stewardship Credits (Credits) are created from any lands within RLSA that are to be
kept in permanent agriculture, open space or conservation uses. These lands will be
identified as Stewardship Sending Areas or SSAs. All privately owned lands within
the RLSA are a candidate for designation as a SSA. Land becomes designated as a
SSA upon petition by the property owner seeking such designation and the adoption of
a resolution by the Collier County Board of County Commissioners (BCC), which
acknowledges the property owner's request for such designation and assigns
Stewardship Credits or other compensation to the owner for such designation. Collier
County will update the Overlay Map to delineate the boundaries of each approved
SSA. Designation as an SSA shall be administrative and shall not require an
amendment to the Growth Management Plan, but shall be retroactively incorporated
into the adopted Overlay Map during the EAR based amendrnent process when it
periodically occurs. A Stewardship Agreernent shall be developed that identifies those
allowable residential densities and other land uses which remain. Once land is
designated as a SSA and Credits or other eOffijJeHsation is are granted to the owner, no
increase in density or additional uses unspecified in the Stewardship Agreement shall
be allowed on such property, unless the SSA and Stewardship Al!reement are
terminated. The SSA rnay be terminated by the owner for a period of UP to five years
after approval of the SSA if the Stewardship Credits have been assigned to an
approved Sending Receivinl! Area (SRA). and the SRA has not received final
development orders or Federal. State and local permits necessary to commence
construction excluding plat approval, site development plan approval and building
permit aporoval. The SSA shall not be terminated if owner has sold the Stewardship
Credits or if owner has received compensation in exchange for the credits.
DRAFT - FOR DISCUSSION PURPOSE; 6 I 1 ,,13
6 0 c..J.rc...~: lfe-id.t. ,t:}s;hfr,,J
/o-7-OJ' -f-o
~""""""':I Th=--~
(VII) Policy 1.7
The range of Stewardship Credit Values is hereby established using the specific
methodology set forth on the Stewardship Credit Worksheet (Worksheet),
incorporated herein as Attachment A. This methodology and related procedures for
SSA designation will also be adopted as part of the Stewardship Overlay District in
the Collier County Land Development Code (LDC). Such procedures shall include
but not be limited to the following: (I) All Credit transfers shall be recorded with the
Collier County Clerk of Courts; (2) a covenant or perpetual restrictive easement shall
also be recorded for each SSA, shall run with the land and shall be in favor of Collier
County, Department of Envirorunental Protection, Department of Agriculture and
Consumer Services, South Florida Water Management District, or a recognized
statewide land trust, which rnav be modified or terminated if the SSA and Stewardship
Al!reement are terminated; and (3) for each SSA, the Stewardship Agreement will
identify the specific land management measures that will be undertaken and the party
responsible for such measures.
16;J~1~'LJ,jJ 3
/() -. IC,-of
SSA REVERTER POLICY PROPOSAL
rl;!)J)q~.~i! l:c"i~iQJHQJ(l~l;i.j:llJ~l1(;~of PQli~l' L6:
Once land is designated as a SSA, no increase in density or additional uses unspecified in the Stewardship
Sending Area Credit Agreement shall be allowed on snch properly unless the SSA is terminated as provided
elsewhere herein.
-~---------------------------------------------------------------------------------------------~-------------------------~-----
p.X5?PQ~Jtn~dY.,Pl~~lYi~i~n :
Notwithstanding any provision herein to the contrary, upon initial approval of a Stewardship Sending Area
("SSA"), the Stewardship Easement shall be established for a term of five years ("Conditional Period") and
shall be deemed a Conditional Stewardship Easement. The Conditional Period may be extended tt)I' one
additional year at the option of the owner by providing written notice to the County prior to the expiration of
the initial five year period. All conditions and restnctions of the Stewardship Easement related to maintaining
the existing property conditions, inducting all management obligations of the owner of tile SSA lands, shall be
in full force throughout the Conditional Period. If at any lime during the Conditional Period any of the
following events occur, then the Conditional Stewardship Easement shall become a Pem1anent Stewardship
Easement which shall be final. perpetual and non-revocable in accordance with the telms set forth therein:
1. Stewardship Credits from the SSA have been assigned to entitle an approved Stewardship Receiving
Area ("SRA"), and the SRA has received all necessary governmental final and non-appealable
development orders, permits, or other discretionary approvals necessary to commence construction,
including subdivision plat and site development plan approval, but not building permits. If
Stewardship Credits from the SSA have been assigned to morc than one SRA, then the receipt of all
necessary govemmental final and non-appealable development orders, pennits, or other discretionary
approvals necessary to commence constmction of any SRA shall automatically cause the Conditional
Stewardship Easement to become a Permanent Stewardship Easement;
2. The owner of the SSA lands has sold or transferred any Stewardship Credits to another person or
entity, including a Stewardship Credit Trust as described in Policy 1.20, the closing has occurred, and
the owner has received the consideration due from slIch sale or transfer, but expressly excluding:
(a) a sale or transfer of the Stewardship Credits ancIllary to the sale or transfer of the underlying
fee tiIle to the land, or
(b) instances where a landowner establishes an SSA for a specific SRA, whether the SRA is
owned or developed by a separate or related entity, and the Stewardship Credits are
transfelTed as required by the Growth Management Plan or Land Development Code for SRA
approval; or
3. The owner of the SSA lands has received in exchange f()f the creation of the Stewardship Easement
Agreement other compensation from local, state, federal or private revenues {collectively, the
UEvents").
The LDC shall specify how, assuming a Notice of Termination (as hereafter described) has not already been
recorded, the Conditional Stewardship Easement shall automatically convert to a Pel111anent Stewardship
Easement upon the earliest to occur of (a) any of the foregoing Events during the Conditional Period, or (b)
180 days after the last day of the Conditjonal Period, as and to the extent extended hereunder. In the event that
none of the foregoing Events has occlIlTed during the Conditional Period, then the owner of the SSA lands may
within 180 days after the last day of the Conditional Period tell11inate the Conditional Stewardship Easement
by recording a Notice of Tel111ination. In addition, if a chaUenge and/or appeal of a necessary development
order, pe1111it or other discretionary approval is filed, the owner of the SSA lands may elect to extend the
Conditional Period until the challenge or appeal is finally resolved. If the challenge or appeal is not resolved
slIch thallhe construction may commence under terms acceptable to the owner of the SSA lands, the owner of
the SSA lands may within 180 days of the Hllal disposition of the challenge or appeal record a Notice of
1611
A13
Termination. Upon the recording of such Notice of Termination, the Stewardship Easement Agreement and
cOITesponding Stewardship Sending Area Credit Agreement shall expire and tem1inate, the Stewardship
Credits generated by the SSA shall cease to eXlst, the rights and obligatLOl1s set forth in tile Stewardship
Easement shall no longer constitute an encumbrance on the property, and the SSA Memorandum shall be
revised accordingly. The owner of the SSA lands shall provide a copy of the Notice of Termination to the
County,
In the event that the Stewardship Credits from all SSA have been used to obtain one or more SRA approvals,
but nOlle of the foregoing events has OCCUlTed during the Conditional Period, then the Notice of Tem1ination
shall also provide for termination of any SRAs that have been assigned credits from the SSA, unless the SRA
owner has obtained sufficient Stewardship Credits from another source and such Stewardship Credits have
been applied to the SRA. In the event that a Notice of Tennination does terminate an SRA, the owner of the
SRA lands shall join in the Notice ofTennination.
In the event that a Conditional Stewardship Easement is terminated, all benefits, rights, privileges, restrictions
and obligations associated with the SSA shall be null and void, and the land shall revert to its underlying
zoning classification, free and clear of any encumbrance from the Conditional Stewardship Easement and SSA
Credit Agreement. If requested by the owner of tile SSA lands, Collier County and the other grantees under the
Stewardship Easernent Agreement shall provide a written release and tem1ination of easement and credit
agreements for recording in the public records within 15 days of request from the owner of the SSA lands.
Collier County shall update the overlay map to retlect the termination of any SSA or SM.
This policy shall be implemented in the LDC within 12 months after adoption hereof.
6434-13239 #I 192 Revelsion 13
16ilA13
Proposed Amendment to the Rural Lands Stewardship Overlay to promote and
safeguard cultural heritage or archaeological resources
Policy 4.22
To further the principles of rural sustainability, where appropriate and allowed bv the
State of Florida Division of Historic Resources, historic or archaeological resources in
the RLSA shall be promoted and conserved in SRAs and along transportation corridors.
These resources will assist in maintaininl! the rural character of the RLSA and integrate
them into efforts to promote and interpret the unique culture and history of Collier
County.
Policy 5.7
For those lands that are not voluntarily included in the RLSA prol!ram, where appropriate
and allowed by the State of Florida Division of Historic Resources. historic or
archaeological resources in developed areas and along transportation corridors shall be
promoted and conserved. These resources will assist in maintaininl! the rural character of
the RLSA and integrate them into efforts to promote and interpret the unique culture and
history of Collier County.
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October 17, 2008
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MINUTES OF THE HEARING OF THE COLLIER COUNTY
SPECIAL MAGI S TRA TE
Naples, Florida, October 17,2008
LET IT BE REMEMBERED that the Collier County Special Magistrate, in and for
the County of Collier having conducted business herein, met on this date at
9:00 AM in REGULAR SESSION in Conference Room #610 of the Collier
County Community Development and Environmental Services Building, located at
2800 N. Horseshoe Drive, Naples, Florida, and the following persons were present:
SPECIAL MAGISTRATE:
Secretary to the Special Magistrate:
Honorable Brenda Garretson
Sue Chapin
STAFF PRESENT:
Marjorie Student-Stirling, Assistant County Attorney
Kitchell Snow, Code Enforcement Investigative Supervisor
Marlene Stewart, Code Enforcement Administrative Secretary
Misc. Correa:
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1611 BI1
October 17,2008
I. CALL TO ORDER
The Meeting was called to order by the Honorable Special Magistrate Brenda
Garretson at 9:00 AM. All those testifying at the proceeding did so under oath.
A. Hearing Rules and Regulations were given by Special Magistrate Garretson.
Special Magistrate Garretson noted that, prior to conducting the Hearing, the
Respondents were given an opportunity to speak with their Investigating
Officer(s) for a Resolution by Stipulation; looking for compliance without being
punitive.
RECESS: 9:20 AM
RECONVENED: 9:37 AM
II. APPROVAL OF AGENDA
Marlene Stewart, Code Enforcement Administrative Secretary, proposed the following
changes:
(a) Under Item V(B), "Hearings," the following cases were WITHDRAWN by the
County due to payment:
· Agenda # I, Case # PU 4413 - BCC vs. Jon Irwin
· Agenda # 3, Case # PR 003334 - BCC vs. Lucila Insausti
(b) Under Item V(B), "Hearings," in Agenda # 8, the Case Number prefix was
changed to CEV 20080011107 - BCC vs. Graciela DelAguilla
(c) Under Item V(C), "Emergency Cases," the following cases were ADDED to the
Agenda:
· Agenda # I, Case # CO-00192 CEVFH 20080007320 - BCC vs. Clean Ride
Limo, Inc.
· Agenda # 2, Case # CO-00193 CEVFH 20080007285 - BCC vs. Clean Ride
Limo, Inc.
· Agenda # 3, Case # CO-00I94 CEVFH 20080007574 - BCC vs. Clean Ride
Limo, Inc.
· Agenda # 4, Case # CO-00195 CEVFH 20080007692 - BCC vs. Bobby D.
Calvert
· Agenda # 5, Case # CO-00196 CEVFH 20080007684 - BCC vs. Neil Walmsley
· Agenda # 6, Case # CO-00197 CEVFH 20080008631 - BCC vs. Clean Ride
Limo, Inc.
(d) Under Item IX, "Reports," the following case was added:
· 3. Case # CENA 20080003578 - BCC vs. Chad Sulkes
The Special Magistrate approved the Agenda as amended, subject to changes made during
the course of the Hearing at the discretion of the Special Magistrate.
2
161181
October 17,2008
III. APPROVAL OF MINUTES
Sue Chapin, Secretary to the Special Magistrate, proposed the following changes:
Agenda 16, Case # PU 4433 - BCC vs. Centex Homes
Agenda 17, Case # PU 4434 - BCC vs. Centex Homes
Agenda 18, Case # PU 4356 - BCC vs. Centex Homes
The Investigators of record for the above-referenced cases, Michael Andresky
(Agenda # 16 and #17) and Albert Sanchez (Agenda # 18), were not present and
unable to present their cases according to the Agenda. Investigator George Cascio,
as noted, represented them.
The Minutes of the Special Magistrate Hearing held on October 3,2008 were reviewed
by the Special Magistrate and approved as amended.
IV. MOTIONS
A. Motion for Continuance:
4. Case # PR 040890 - BCC vs. Julius Troiani
The Hearing was requested by the Respondent who was not present.
Collier County Park Ranger Cynthia Gaynor was present.
Violation(s): Ord. Sec. 130-66
Failure to pay meter
Violation Address: Vanderbilt Beach Street
The Respondent's Request for a Continuance was received by Marlene Stewart on
October 16, 2008 at 5: I 0 PM. It was not filed before the deadline.
The Investigator stated the County objected to the granting of a Continuance.
The Respondent's letter stated he would not be in the area on the Hearing date due to
his current employment. He would be available on October 28th through October 31 st
and from November 16th through November 18th
The Special Magistrate noted supporting documentation was not submitted with the
written request as required.
The Special Magistrate DENIED the Respondent's Request for a Continuance.
V. PUBLIC HEARINGS
A. Stipulations:
3
16 'I 1 Jtl17, 2008
8. Case # CENA 20080011107 - BCC vs. Graciela Del Al!:uilla
(The Respondent's name was corrected to Del Aguila.)
The Hearing was requested by Collier County Code Enforcernent Investigator
Jonathan Musse who was present.
The Respondent was also present.
(NOTE: The Case # was changed to CEV 20080011107 per amendment to the
Agenda. )
Violation(s): Collier Co. Land Development Code 04-41, as amended,
Sec.2.01.00(A)
Unlicensed/inoperable vehic1e(s) stored on residential property
Violation Address: 826 95th Ave. N, Naples, 34108
A Stipulation was entered into by the Respondent on October 17, 2008.
The Investigator stated the violation had been abated on October 6, 2008.
Finding the Notice of Hearing was properly served, and finding the violations did
exist but were CORRECTED prior to the Hearing, the Respondent was found
GUILTY of the alleged violation and ordered to pay the Operational Costs incurred
by Code Enforcement during the prosecution of this case in the amount of $117.34
on or before November 17, 2008.
10. Case # CESD 20080010509 - BCC vs. Celia Andrade and Jose Alfaro
The Hearing was requested by Collier County Code Enforcement Investigator Renald
Paul who was present.
The Respondents were also present.
Erica Alfaro-Andrade, daughter of the Respondents, served as translator.
Violation(s): Collier Co. Land Development Code 04-41, as amended,
Sec. 1O.02.06(B)(1)(A)
Addition of shed with no permits
Violation Address: 2100 50th St. SW, Naples, 34116
A Stipulation was entered into by the Respondents on October 17, 2008.
The Investigator stated the Respondents agreed to pay the Operational Costs.
Respondent, Jose Alfaro, stated the violation was caused by the previous owner.
Finding the Notice of Hearing was properly served, the Respondents were found
GUILTY of the alleged violation(s) and were ordered to obtain the required Collier
4
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October 17, 2008
County permits for additions to a residence, inspections and a Certificate of
Completion, OR remove the unpermitted addition by obtaining a Collier County
Demolition Permit, with required inspections, and a Certificate of Completion, all
on or before January 17,2009, or afine of$100.00 per day will be imposedfor each
day the violation remains thereafter, unless altered by a subsequent Stipulation or
Order of the Special Magistrate.
If the Respondents have not complied by the deadline, the County is authorized to
abate the violation by contractor bid-out and assess the costs to the Respondents.
Ifnecessary, assistance may be requestedfrom the Collier County Sheriff's Office.
The Respondents were ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $117. 69 on
or before November 17, 2008.
The Respondents are to notifY the Investigator within 24 hours of a workday to
concur the violation(s) had been abated.
7. Case # CEPM 20080011393 - BCC vs. Diane L Mathieu. Tr.. John R. Mathieu.
Tr.. & Diane L. Mathieu. Rev. Tr.. UTn 7-12-02
The Hearing was requested by Collier County Code Property Maintenance Specialist
John Santafemia who was present.
Respondent, John Mathieu, was present and the Respondents were represented by
Attorney Brad Kelsky.
Violation(s): Ord. 2004-58, Sec. 12
Existence of a dangerous building
Violation Address: 427 Willet Ave., Naples, 34108
A Stipulation was entered into by Re;pondent, John R. Mathieu, on behalf of his wife,
Diane L. Mathieu, and himself on October 17, 2008.
The Investigator stated the structure sustained severe water damage. The Notice
of Violation was served on July 25, 2008 to the Respondent, John Mathieu.
Twelve (12) photographs, dated July 25, 2008, were introduced, marked as County's
Composite Exhibit "A" and admitted into evidence.
Attorney Kelsky stated the Respondents have been involved in litigation for the past
year, and eight parties are involved.
The Special Magistrate and Attorney Kelsky discussed the re-hearing period and
options available in the event demolition cannot occur by January 17,2009. The
Special Magistrate explained the fine would accrue if the deadline was not met, but
would not be assessed until the County filed a Motion for Imposition of Fines.
Finding the Notice of Hearing was properly served, the Respondents were found
GUILTY of the alleged violation(s) and were ordered to obtain a Collier County
5
16 tler~,18 '
Demolition Permit, all required inspections, and a Certificate of Completion on or
before January 17, 2009 or aflne 0/$250.00 per day will be imposed/or each day
the violation remains thereafter, unless altered by a subsequent Stipulation or
Order of the Special Magistrate.
If the Respondents have not complied by the deadline, the County is authorized to
abate the violation by contractor bid-out and assess the costs to the Respondents.
Ifnecessary, assistance may be requestedfrom the Collier County Sheriff's Office.
The Respondents were ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $117.52 on
or before January 17, 2009.
The Respondents are to notify the Investigator within 24 hours of a workday to
concur the violation(s) had been abated.
V. PUBLIC HEARINGS
B. Hearings:
6. Case # PR 000391 - BCC vs. Roberson Escarment
(The Respondent's first name was corrected to Robe!!son.)
The Hearing was requested by the Respondent who was present.
Collier County Park Ranger Kurt A.raquistain was also present.
Violation(s): Code of Laws and Ord., Chap. 246, Article II, Sec. 246-28 (B)(7)
Walking dog in park
Violation Address: Golden Gate Community Park
The Respondent stated his religious beliefs did not allow him to "swear" and affirmed
the truthfulness of his testimony.
The Respondent stated he often walked his dog in the park without incident. He had
been observed by Collier County Sheriffs and Park Rangers on other occasions and
had not been issued a Citation.
The Park Ranger stated a sign, posted at the entry to the Park, visually indicated dogs
were not allowed within the Park and further stated the restriction is always enforced,
not selectively.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and ordered to pay a cMlfine in the amount
of $30.00, together with an administrative fee of $5.00, on or before January 17,
2009, unless altered by a subsequent Stipulation or Order of the Special Magistrate.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $50. 00 on
or before January 17, 2009.
6
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tober 17, 2'6T>8
Total amount due: $85.00
2. Case # PR 002854 - BCC vs. Mark Gildea
The Hearing was requested by Collier County Park Ranger Roger Rieck who was
present.
The Respondent was not present.
Violation(s): Ord. Sec. 130-66
Failure to affix beach parking permit to vehicle
Violation Address: Marco South Access
The Notice of Hearing was sent via Certified Mail on October 2,2008 and delivery
was confirmed by the U.S. Postal Service.
The Special Magistrate stated the Respondent sent an undated letter of explanation
stating he resides in Massachusetts and would not return to the Naples area until the
fall. The Respondent's letter was marked as Respondent's Exhibit "I" and admitted
into evidence.
The Park Ranger stated individuals buying beach parking permits are advised of
proper placement on their vehicles at the time of purchase. The Respondent's vehicle
did not display the permit in the proper location.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and ordered to pay a civilfine in the amount of
$30.00, together with an administrativefee of $5. 00, on or before November 17,
2008, unless altered by a subsequent Stipulation or Order of the Special Magistrate.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $50. 00 on
or before November 17, 2008.
Total amount due: $85.00
4. Case # PR 040890 - BCC vs. Julius Troiani
The Hearing was requested by Collier County Park Ranger Cynthia Gaynor who was
present.
The Respondent was not present.
Violation(s): Ord. Sec. 130-66
Failure to pay meter
Violation Address: Vanderbilt Beach Street
The Special Magistrate noted the Respondent's previous Request for a Continuance
had been denied.
7
1 6 J loctob~ 1 J008
The Notice of Hearing was sent via Certified Mail on October 2, 2008 and delivery
was confirmed by the U.S. Postal Service.
The Investigator stated the parking meter had expired and the owner was identified
through the vehicle's license plate.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and ordered to pay a civiljine in the amount
of$30.00, together with an administrativefee of $5.00, on or before November 17,
2008, unless altered by a subsequent Stipulation or Order of the Special Magistrate.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $50.00 on
or before November 17,2008.
Total amount due: $85.00
5. Case # PR 040704 - BCC vs. Glenn Maddock
The Hearing was requested by Collier County Park Ranger Cynthia Gaynor who was
present.
The Respondent was not present.
Violation(s): Ord. Sec. 130-66
Failure to pay meter
Violation Address: North Gulfshore
The Notice of Hearing was sent via Certified Mail on October 2, 2008 and delivery
was confirmed by the U.S. Postal Service.
The Investigator stated the street parking meter had expired and the owner was
identified through the vehicle's license plate.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and ordered to pay a civiljine in the amount
of$30.00, together with an administrativefee of $5. 00, on or before November 17,
2008, unless altered by a subsequent Stipulation or Order of the Special Magistrate.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $50. 00 on
or before November 17, 2008.
Total amount due: $85.00
9. Case # CEAU 20080001226 - BCC vs. Jose de Jesus and Gloria Garcia
The Hearing was requested by Collier County Code Enforcement Investigator Renald
Paul who was present.
The Respondents were not present.
8
16 I 1 ~to!r 17, 2008
Violation(s): Florida Building Code, 2004 Edition, Sec. 105.1
Failure to obtain Certificate of cornpletion for fence permit #2006020489
Violation Address: 1842 48th St. SW, Naples, 34116
A Stipulation was entered into on October 14, 2008 by the Respondents.
The Investigator stated the violation had been abated and the Operational Costs of
$117.52 were paid.
Finding the Notice of Hearing was properly served, andfinding the violations did
exist but were CORRECTED prior to the Hearing, the Respondents were found
GUILTY of the alleged violation.
Operational Costs of $117.52 had been paid.
11. Case # CEPM 20080009793 - BCC vs. Alel!:ro Owens and Lillie Bell Owens
The Hearing was requested by Collier County Property Maintenance Specialist Joe
Mucha who was present.
The Respondents were not present.
Violation(s): Code of Laws and Ord., Article VI, Sec. 22-231, Sub(s), 1-5,9-11,
12B, 12C, 12I-12P & 20
Abandoned and unsecured mobile home maintained in deteriorated
condition.
Violation Address: 304 Rose Ave., Immokalee, 34142
(NOTE: The Investigator added Subsection 19 to the violations.)
The Notice of Violation was posted at the property and the Courthouse on June 30,
2008. The Notice of Hearing was sent via Certified Mail on October 2, 2008.
The Investigator introduced the following County Exhibits which were marked and
admitted into evidence:
. Composite "A" - 7 photographs dated June 17,2008
. Composite "B" - 2 photographs of Notice of Violation posting
dated June 30, 2008
. Composite "C" - I 0 photographs dated October 15, 2008
. Composite "D" - 2 photographs of Notice of Hearing posting, dated
October 2, 2008
The Special Magistrate noted the Respondents had not responded to the Notice.
Finding the Notice of Hearing was properly served, the Respondents were found
GUILTY of the alleged violation(s) and ordered to either repair the violations by
hiring afully licensed General Contractor to obtain all required permits, related
inspections and afinal Certificate of Completion, OR completely demolish the
structure by hiring a fully licensed General Contractor to obtain a Collier County
9
16; 1 81
October 17,2008
Demolition Permit, all required inspections and a Certificate of Completion, all on
or before November 17,2008, or ajine of $250. 00 per day will be imposedfor each
day the violation remains thereafter, unless altered by a subsequent Stipulation or
Order of the Special Magistrate.
If the Respondents have not complied by the deadline, the County is authorized to
abate the violation by contractor bid-out to demolish the structure, and assess the
costs to the Respondents.
Ifnecessary, assistance may be requestedfrom the Collier County Sheriff's Office.
The Respondents were ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $118.22 on or
before November 17, 2008.
The Respondents are to notify the Investigator within 24 hours of a workday to
concur the violation(s) had been abated.
12. Case # CEPM 20080010842 - BCC vs. Dorothv Johnson
The Hearing was requested by Collier County Property Maintenance Specialist Joe
Mucha who was present.
The Respondent was not present.
Violation(s): Code of Laws and Ord., Article VI, Sec. 22-231, Sub(s).2-5, 8-11,
12B, 12C, 12I-12M, 120, 12P, 12R, 19 & 20
Rental property with several Minimum Housing Violations to include,
but not limited to: no hot water supply, no water heating facilities, no
heating equipment, electrical outlets & lights not in good working order
Violation Address: 1888 Airport Rd. S., Naples, 34112
The Investigator introduced the following photographs which were marked as County's
Exhibits and admitted into evidence:
. Composite "A" - 25 photographs, dated July 15,2008
. Composite "B" - [stated] 11 [actual count: 12] photographs, dated
October 15,2008
The Notice of Hearing was sent via Certified Mail on October 2,2008 and delivery
confirmation was provided by the U.S. Postal Service. The Notice was also posted at
the property and the Courthouse on October 3,2008.
On July 17,2008, the Investigator personally served the Notice of Violation and the
Property Maintenance Report upon the Respondent's son. He further stated a Lis
Pendens had been filed against the property by the previous owners.
Cpl. Mike Nelson, Collier County Sheriffs Office, stated the property is near St.
Matthew's House, a horneless shelter, and individuals who were not accepted at the
shelter (due to possession of alcohol) stayed at the abandoned mobile home.
10
oAoVIJ.
1 6 locilber[;J, i08
On October 16,2008, the owner submitted a Boarding Permit Application to Code
Enforcement.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and ordered to board the entire structure by
obtaining a Collier County Boarding Permit on or before October 24, 2008 or a
fine of $250. 00 per day will be imposed for each day the violation remains
thereafter.
The Respondent was further ordered to either repair the items cited in the Property
Maintenance Report dated July 15,2008 by hiring afully licensed General
Contractor to obtain all required permits, related inspections and a final Certificate
of Completion, OR completely demolish the structure by hiring afully licensed
General Contractor to obtain a Collier County Demolition Permit with required
inspections and a Certificate of Completion, all on or before December 17, 2008,
or afine of $250. 00 per day will be imposedfor each day the violations remain
thereafter, unless altered by a subsequent Stipulation or Order of the Special
Magistrate.
If the Respondent has not complied by the deadline, the County is authorized to
abate the violation by contractor bid-out to demolish the structure and remove the
debris to an appropriate disposal facility. All costs for abatement will be assessed to
the Respondent.
Ifnecessary, assistance may be requestedfrom the Collier County Sheriff's Office.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $117.96 on or
before November 17, 2008.
The Respondent is to notify the Investigator within 24 hours of a workday to
concur the violation(s) had been abated.
RECESS: 11:20 AM
RECONVENED: 11:44 AM
V. PUBLIC HEARINGS
C. Emergency Cases:
1. Case # CO-00I92 CEVFH 20080007320 - BCC vs. Clean Ride Limo. Inc.
The Hearing was requested by Collier County Code Enforcement Vehicle-for-Hire
Specialist Michaelle Crowley who was present.
Assistant County Attorney Marjorie Student-Stirling was also present.
The Respondent, Bobby Dwight Calvert, owner, was present and represented by his
Attorney, Brandon Perkins.
Violation(s): Code of Laws & Ord., Chap. 142, Sec.(s) 142-51(A), 142-58(F)(4)
It
1h 181
October 17,2008
Operated a vehicle for hire making passenger pickup in Collier Co.
without a valid PV AC issued Certificate to Operate a passenger
transport business
Violation address: 851 Gulfshore Blvd. N. as destination
The Special Magistrate noted the cases (CO 00192-00197) were initially heard on
September 19,2008 and continued to October 3, 2008.
The Special Magistrate stated the issue raised by Respondents Clean Ride Limo, Inc.,
Bobby D. Calvert, and Neil Walmsley was whether or not the County's Ordinance
applied to DOT-licensed commercial vehicles for hire.
During the October 3rd Hearing, the Special Magistrate granted the County's "Request
for Continuance" and ruled the Attorneys were to submit legal position papers
[Memorandum of Law] via email by October 13, 2008. The Attorneys were to decide
and notify Code Enforcement on October 16, 200S whether or not to add the cases to
the October 17,2008 Hearing Agenda.
There was a discussion concerning the documents submitted by each Attorney. The
Special Magistrate stated the parties could reference the subrnittals, if necessary, during
the proceeding.
The Respondent's position was heard first.
Attorney Perkins stated Collier County's Vehicle-for-Hire Ordinance regulates certain
vehicles for hire, but commercial motor vehicles are exempt from the Ordinance if a
vehicle is operated by a driver holding a commercial driver's license with a passenger
endorsement. The seating capacity of a vehicle determines its classification, e.g., if a
vehicle seats 15 or less, it is not considered to be a "commercial" vehicle.
Commercial vehicles are regulated by the U.S. Department of Transportation and
Florida Department of Transportation ("DOT"). DOT issues a number to the company
that must be displayed on each commercial vehicle. The number allows DOT to track
cornpliance with its regulations including provisions for insurance coverage, routine
scheduled inspection reports, and drivers' records. DOT conducts spot-checks of
commercial vehicles to verify compliance for vehicles under its jurisdiction.
Due to the extensive regulation by DOT, Collier County created an exception to the
Vehicle for Hire Ordinance. The purpose of the Ordinance was to assure that vehicles
for hire were safe for public use and carried proper insurance coverage. The Ordinance
was drafted, in part, by Assistant County Attorney Tom Palmer.
The transcripts referenced in the Respondents' Memorandum of Law were:
. PV AC Meeting Transcript dated September 11, 2001 (verbatim transcript)
. PV AC Meeting Transcript dated April 10, 2002 (verbatim transcript)
t2
1611
B JOber 17,2008
The Special Magistrate stated she would take Judicial Notice of the documents.
Attorney Perkins stated during the 2001 PV AC Meeting, the previously standing
Ordinance was amended, i.e., definitions were changed and items added. During the
2002 Meeting, issues were reviewed and revised.
He referred to the PV AC Meeting Minutes, dated April 10, 2002, at page 52
[See: Pages 5 and 6, the Respondents' Memorandum of Law] and quoted Ms. Pat
Baisley concerning regulation of buses and Code Enforcement Director Michelle
Arnold concerning exemptions to the Ordinance. On Page 7 [Memorandum], he quoted
Assistant County Attorney Palmer regarding Federal authority. Mr. Palmer stated the
County's primary concern was to determine ifthe vehicles were "good vehicles with
proper insurance. "
He stated Collier County decided to regulate vehicles carrying 15 passengers or less,
while allowing other governmental agencies and/or laws to regulate commercial
vehicles carrying more than 15 passengers.
Cited: Fla. Stat. ~ 322.41 - Local issuance of Drivers' Licenses prohibited:
"Any person issued a driver's license by the department may exercise
the privilege thereby granted upon all streets and highways in this state
and shall not be required to by county, municipality, or other local board
or body having authority to adopt local police regulations to obtain any
other license to exercise such privilege."
[See: Page 14 of the Respondents' Memorandum of Law]
He stated commercial vehicles are regulated by the Department of Transportation and
a driver must obtain a Commercial Driver's License ("CDL") in order to legally
operate a commercial vehicle. Iftransportation of passengers is involved, the CDL
must also contain a passenger endorsement.
Code Enforcement's interpretation: To operate a commercial vehicle in Collier
County, a driver must obtain a Collier County license in addition to a CDL.
Attorney Perkins stated the intent to the Ordinance was to exclude commercial
vehicles regulated by other governmental agencies from supplemental regulation by
Collier County. He stated DOT issues a registration number that must be displayed
on a commercial vehicle; DOT does not issue a license.
The Special Magistrate asked if the Respondents' argument was that the registration
process brings the drivers under the jurisdiction of DOT.
Attorney Perkins stated the vehicle's seating capacity determines whether it falls
under DOT's jurisdiction and compliance with its regulations.
13
16 i 1
~ctlr 17, 2008
There was discussion concerning DOT's regulations: a new for-hire company is
required to complete a Motor Carrier Application for DOT Number and supply
information concerning the size and types of vehicles to be operated and the type of
business to be conducted, e.g., passenger transportation versus transportation of
agricultural materials or hazardous materials, etc. Clean Ride Limo, Inc. is
authorized to carry passengers.
Also discussed was whether DOT has the authority to conduct criminal background
checks. DOT is concerned about crimes relating to the operation of a vehicle such as
DUI/manslaughter.
Attorney Perkins questioned whether Collier County has the authority to conduct a
criminal background check.
Cited: Fla. Stat. ~ 125.581 - Certain local employment registration prohibited:
"(1) Except as authorized by law, no county or municipality shall enact
or enforce any ordinance, resolution, rule, policy, or other action which
requires the registration or background screening of any individual
engaged in or applying for a specific type or category of employment in
the county or municipality or requires the carrying of an identification
card issued as a result of such registration or screening, whether or not
such requirement is based upon the residency ofthe person. However, an
ordinance that regulates any business, institution, association, profession,
or occupation by requiring background screening, which may include proof
of certain skills, knowledge, or moral character, is not prohibited by this
section, provided that such regulation:
(a) Is not preempted to the state or is not otherwise prohibited
bylaw;
(b) Is a valid exercise ofthe police power;
(c) Is narrowly designed to offer the protection sought by the
county or municipality, and
(d) does not unfairly discriminate against any class of
individuals.
(2) This act shall not be construed to prohibit any employer,
including a local government, from investigating the background of
employees or prospective employees or frorn requiring employees to
carry an identification card or registration card."
Collier County issues special licenses in order to drive for-hire vehicles carrying
passengers while Fla. Stat. ~ 322.41 states local government cannot issue drivers'
licenses or impose other restrictions. He stated Collier County's argument contains
statutory weaknesses.
t4
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16 j 1 October 17 2008
,
He questioned Collier County's concern for the types of vehicles, SUVs, and not for
other types of vehicles such as rectangular vehicles. A bus, which is a 38+ passenger
vehicle, is not regulated by the Ordinance. He stated the County appears to be
primarily concerned with SUV-shaped vehicles, i.e., the 26 passenger Hummer and
the 28 passenger Escalade.
The Special Magistrate reiterated vehicles with a carrying capacity of more than 15
passengers are regulated by DOT and the State of Florida.
Attorney Perkins stated the County cited Fla. Stat. ~125.01(1)(n) for authority to
regulate limousines for hire. [See: Page 13, Memorandum of Law]. He pointed out
the vehicles listed were taxis, jitneys, limousines for hire, rental cars and other
passenger vehicles for hire but the Statute did not refer to commercial vehicles.
The Hillsborough County Public Transportation Commission was given authorization
by the Florida Legislature, in 2001, to regulate certain vehicles for hire, and the
passenger capacities for each category were clearly defined. [See: Page 12,
Memorandum of Law]. Local jurisdiction applies to vehicles with capacity of 15
passengers or less.
Attorney Perkins stated by removing the seating capacity lirnit from the definition of
"limousine," Collier County confused the issue while trying to cover a perceived gap
in the Ordinance. The intention of the drafters of the Ordinance was not to regulate
vehicles already regulated by DOT. Assistant County Attorney Palmer stated:
"... If we're - if there's this unregulated area here that nobody 's doing
it and we kind of do it by default because we're interested in seeing to it
that when people being carried around vehicles that their - that their - that
vehicles are adequate and at least somebody's looking the vehicles are
adequate and the insurance is in place."
[PV AC Minutes, April 10, 2002, at Page 56.]
The exception in the Ordinance states if vehicles are regulated by another agency,
they do not fall under the jurisdiction of Collier County. Vehicles operated by a
childcare facility are regulated under the Childcare Laws, not by the County.
He stated if the County intended to regulate large capacity vehicles, such as buses, the
Ordinance should have been revised to eliminate exemption. The 2001 and 2002
PV AC Minutes stated the County does not regulate vehicles.
He stated the County has changed its interpretation and cited the Respondents with
approximately $4,500 in fines because DOT's registration numbers are not
considered to be a license, as in a paper license.
Black's Law Dictionary defines "license" as:
"A right granted which gives one permission to do something which he
15
1 6 I tto~r lZ008
could not legally due absent such permission; leave to do a thing which
the LICENSOR (the party granting the license) could prevent. Generally
speaking, [it] means a grant of permission to do a particular thing, to
exercise a certain privilege, or to carry on a particular business or to pursue
a certain occupation."
Attorney Perkins stated DOT's permission is revocable. If Clean Ride Lirno, Inc.
operates unsafe vehicles, DOT can revoke its registration number and close down the
business. If certain driving-related crimes are committed, the Florida Department of
Highway Safety and Motor Vehicles can revoke a driver's license. Clean Ride Limo
was granted a revocable permission to operate.
He stated Assistant County Attorney Palmer, PV AC Chairman Pease, Vice Chairman
Pat Baisley, and Code Enforcement Director Michelle Arnold decided when the
I
Ordinance was amended that if DOT covered comrnercial vehicles, Collier COUl}ty
did not need to do so. That particular provision of the Ordinance has not been
amended in the past six years.
He asked if the County was so concerned, why are rectangular-shaped vehicles not
regulated? Why would the Ordinance cover a 26-passenger vehicle but not a 38-
passenger since both are in the same class of vehicle? He noted the County is
apparently not concerned with bus-shaped vehicles.
He concluded by asking the Special Magistrate to find the Respondents not guilty of
the violations. He further stated the severity of the violations for three Citations
wouldforever bar Clean Ride Limo, Inc. from operating in Collier County. The
penalty does not equate with Assistant County Attorney Palmer's statement that the
County's goal was to ensure for-hire vehicles were good, clean, safe, properly
insured vehicles.
The Special Magistrate asked if all six cases emanatedfrom one incident or if
different dates were involved Investigator Crowley statedfive of the cases originated
on May 9, 2008 and the sixth case originated on May 10, 2008.
The County presented its position.
Assistant County Attorney Marjorie Student-Stirling stated it was her understanding
at the September meeting Clean Ride was supposed to bring its license and provide
information regarding what it was authorized to do. Clean Ride provided only a copy
of the renewal application for the Florida DOT registration number and a statement
attested to by a Florida DOT representative.
The Special Magistrate stated her intent was for Mr. Calvert to present whatever
documentation was available to support the general representation made during the
September 19th Hearing.
t6
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81
October 17,2008
[Special Ma!!:istrate Minutes. September 19. 2008:
"The Special Magistrate ruled the Case would be CONTINUED. The Respondent
was ordered to produce documentation from the State of Florida identifying the
activities authorized under the license by September 24, 2008, and provide it to
Code Enforcement. Code Enforcement was required to provide its documentation
to the Respondent by September 29, 2008. '1
Attorney Stirling stated the County's response confirmed the Ordinance does provide
sorne exemptions if a license is produced. She contacted Lieutenant Jeff Frost, Public
Information Officer, Motor Carrier Compliance Office, Florida DOT, who stated:
"The Florida DOT number is a registration with the State, the purpose of
which is to enable the State of Florida Department of Transportation to
track compliance with the Code of Federal Regulation's requirements made
applicable to intrastate commercial motor vehicles pursuant to ~ 316.302(1 )(b)
of Florida Statutes."
The definition of a U.S. DOT nwnber was obtained from the U.S. Department of
Transportation's website:
"A U.S. DOT nwnber serves as a unique identifier when collecting
and monitoring a company's safety information acquired during audits,
compliance reviews, crash investigations, and inspections."
Attorney Stirling stated the website did not refer to a DOT number as a "license."
She further stated the County's regulation of public vehicles extends beyond Florida
DOT's regulations:
. Alcohol and drug testing
. Certificate of Safety
. Quality of drivers including physical condition and whether or not there is
evidence of substance abuse
. Hours drivers are pennitted to operate - instances of driver fatigue
. Equipment on the vehicle and emergency equipment carried
She cited to the Code of Federal Regulations ("C.F.R.")
49 C.F. R.393:
. Parts and accessories for safe vehicle operation
49 C.F.R. 395:
. Hours of service for drivers
49 C.F.R. 396:
. Inspections, repairs and maintenance of the vehicles
17
16 I lcto~r J2008
49 C.F.R. 397:
· Transportation of hazardous materials (which is not applicable to the case
being heard)
Collier County's Ordinance also encompasses:
. Esthetic requirements
. Requirements for passenger comfort and safety (vehicle interior)
. Requires drivers to obtain yearly-renewal LD. cards
. Backgrounds checks are conducted including mental health history as well as
a criminal background check (as described in the Ordinance)
She stated the County-issued LD. is not a Drivers' License because only the State can
issue a Drivers' License. She further stated Fla. Stat. ~322.57 requires drivers to
pass an examination testing hislher actual knowledge of the safe operation of
commercial vehicles as well as a road test ofhislher driving skill. The County's
PV AC Ordinance resulted from concern for the background of the driver in an effort
to protect the individual passengers in such vehicles.
The Special Magistrate noted Attorney Perkins had previously cited Fla. Stat.
~125.581 and asked Attorney Stirling if the County was arguing it came under one of
the exceptions in the Statute regarding background screening.
Assistant County Attorney Stirling cited from the Statute:
" ... However, an ordinance that regulates any business, institution, association,
profession, or occupation by requiring background screening, which may include
proof of certain skills, knowledge, or moral character, is not prohibited by this
section, provided that such regulation:
(a) Is not preempted to the state or is not otherwise prohibited
bylaw;
(b) Is a valid exercise of the police power;
(c) Is narrowly designed to offer the protection sought by the
county or municipality, and
(d) Does not unfairly discriminate against any class of
individuals.
Ms. Stirling stated:
. moral character is an issue of concern,
. the County's Ordinance is not preempted by the State,
. the Ordinance is a valid exercise of the police power because the County has
an interest in protecting passengers to avoid situations where exiting the
vehicle would be difficult, making the passengers "prisoners in a moving
vehicle,"
. the Ordinance is narrowly defined to offer the protections sought by the
18
1.
r; i," ,;
(1).. ',--,'; II
81
October 17, 2008
County, specifically to examine the backgrounds of drivers of vehicles for
hire,
. the County's Ordinance does not unfairly discriminate against any class of
individuals.
The Special Magistrate requested the specific provision regarding Item (c).
The types of crimes were outlined in Section 142-37(c) of the County's Ordinance:
. moral turpitude types of crimes,
. sexual/physical abuse of children, the elderly, and disabled individuals,
. pornography,
. sale and/or possession of controlled substances,
. the Racketeering Act,
. driving while intoxicated or under the influence of drugs/alcohol,
. reckless driving,
. indecent exposure of sexual organs,
. murder,
. manslaughter, and
. kidnapping.
Attorney Stirling noted there are some apparent limitations. She further stated:
"The Special Magistrate is without jurisdiction to hear any
statement, argument, or evidence alleging any revision of a
County Ordinance as unenforceable due to conflicts with the
United States Constitution or the Florida Constitution, Florida
Statutes, administrative agency regulations, or other County
Ordinances or Court decisions."
The Special Magistrate stated she would not rule on whether or not a law was
Constitutional. The reason for the Hearing was to determine whether or not the
Respondents are under the jurisdiction of the County's Ordinance.
Attorney Stirling pointed out the Respondent allowed thirty days to elapse after the
Citation was issued. He did not serve notice that he was contesting the Citation and
he did not pay the fines. She stated the purpose of the September 19th Hearing was to
request the imposition of fines and liens against the company.
Investigator Crowley stated a decision was made to place the matter on the Special
Magistrate's Agenda for a judgment in the amount of the face value of the Citations.
The Special Magistrate noted Code Enforcement had the ability to assess the fines
without the necessity of a hearing. By placing the matter on the Hearing Agenda,
Code Enforcement opened up the matter for a ruling by the Special Magistrate.
She stated the parties were entitled to appeal the decision and allowed thirty days
after the Order was issued to begin the appeal process.
19
16 lIB 1
October 17, 2008
Attorney Perkins stated Respondent Calvert faxed his written objections to the violations
outlined in the Citations to Code Enforcement explaining he/his company was regulated
by DOT and Investigator Crowley admitted receiving the document.
He further stated the CDL with passenger endorsernent allows Mr. Calvert to driver
passengers on Florida's streets and highways. He cited Fla. Stat. ~ 322.41, stating no
other governmental entity or local board can require him to obtain an additional
license. He maintained the Collier County Driver's ID card was, in fact, a license
because it was a "revocable permission," and the State/DOT-issued CDL preempts
the need for any other license.
A CDL allows a driver to transport passengers in a cornmercial motor vehicle and
also to drive any car in a class below "commercial." If Mr. Calvert is driving a
commercial vehicle carrying more than 15 passengers, he is exempt from Collier
County's Ordinance. Ifhe is driving a taxi, he is required to comply with the
Ordinance.
Ms. Stirling cautioned against a broad interpretation of the exceptions.
The Special Magistrate asked Attorney Stirling if the County's argument was
inconsistent with Assistant County Attorney Palmer's statements and, if so, how could
they be reconciled.
Attorney Stirling stated Assistant County Attorney Palmer wrote the Ordinance and
was one of the last persons to revise it. In 2001, Attorney Palmer remarked it could
"cut both ways."
She further stated Florida requires the DOT number, even though it is a federal
number, to perform certain intrastate tracking and auditing activities.
The Special Magistrate asked Attorney Stirling if the County's position was that its
argument was not inconsistent with Mr. Palmer's statements.
Attorney Stirling noted his comments about "cutting both ways" and his references to
Federal permits throughout the Minutes. She stated it was difficult to determine
exactly what was meant from reading a transcript.
The Special Magistrate stated the "cuts both ways" comment was unfortunate since
it implied whomever was examining the Ordinance could make the decision as to
which way it was cutting. She noted while Mr. Palmer may have drafted the new
Ordinance, he did not write the original Ordinance.
20
Jl 6 'Jl o(1obJ[17,2008
Attorney Perkins stated Code Enforcement Director Michelle Arnold's cornrnent
summed up the Respondents' position, i.e., (paraphrasing) "if it's regulated by
someone else, they don't have to be certified by us."
[See: Page 6, Memorandum of Law]
He referenced Assistant County Attorney. Palmer's statement, "What we're interested
in to find if somebody is seeing to it that these are good vehicles with proper
insurance." [See: Page 7, Memorandum of Law].
Attorney Perkins stated Mr. Palrner mentioned the phrase "federal permit" only one
time. He further stated whichever terms were used, e.g., "license," "permit," or
"registration," if there was regulation by another entity, then Collier County's
Ordinance would not apply.
He asked the Special Magistrate to review the definition of "license" as a revocable
permission.
He requested the Special Magistrate to consider, if she determined Clean Ride Limo
did fall under the Ordinance, the statements of Assistant County Attorney Palmer,
PV AC Chairman Pease, Vice Chairman Pat Bailsey, and Code Enforcernent Director
Michelle Arnold during the PV AC Meetings would mitigate any fines assessed to
Clean Ride and Mr. Calvert because Clean Ride possessed a DOT number.
The Special Magistrate stated she will write an opinion after she examined the
various cites referenced during the Hearing. She further stated the thirty-day appeal
period would not begin until after the Order was issued. She will consider all the
information presented and notify the parties by email when the Order is available.
2. Case # CO-00193 CEVFH 20080007285 - BCC vs. Clean Ride Limo. Inc.
The Hearing was requested by Collier County Code Enforcement Vehicle-for-Hire
Specialist Michaelle Crowley who was present.
Assistant County Attorney Marjorie Student-Stirling was also present.
The Respondent, Bobby Dwight Calvert, owner, was present and represented by his
Attorney, Brandon Perkins.
Violation(s): Code of Laws & Ord., Chap. 142, Sec.(s) l42-51(A), 142-58(F)(4)
Operated a vehicle for hire making passenger pickup in Collier Co.
without a valid PV AC issued Certificate to Operate a passenger
transport business
Violation address: 851 Gulfshore Blvd. N. as destination
(Refer to: Agenda # I, Case # CO-00192 CEVFH 20080007320 - BCC vs. Clean
Ride Limo, Inc.)
2\
16 I 7 B 1
'tlctober 17, 2008
3. Case # CO-00I94 CEVFH 20080007574 - BCC vs. Clean Ride Limo, Inc.
The Hearing was requested by Collier County Code Enforcement Vehicle-for-Hire
Specialist Michaelle Crowley who was present.
Assistant County Attorney Marjorie Student-Stirling was also present.
The Respondent, Bobby Dwight Calvert, owner, was present and represented by his
Attorney, Brandon Perkins.
Violation(s): Code of Laws & Ord., Chap. 142, SEC.(S) 142-51(A), 142-58(F)(4)
Operated a vehicle for hire making passenger pickup in Collier Co.
without a valid PV AC issued Certificate to Operate a passenger
transport business
Violation address: 3950 Radio Rd. as destination
(Refer to: Agenda # 1, Case # CO-00I92 CEVFH 20080007320 - BCC vs. Clean
Ride Limo, Inc.)
4. Case # CO-00I95 CEVFH 20080007692 - BCC vs. Bobbv D. Calvert.
The Hearing was requested by Collier County Code Enforcement Vehicle-for-Hire
Specialist Michaelle Crowley who was present.
Assistant County Attorney Marjorie Student-Stirling was also present.
The Respondent was present and represented by his Attorney, Brandon Perkins.
Vio1ation(s): Code ofLaws & Ord., Chap. 142, Sec.(s) 142-33(J), 142-37(B),
142-58(F)( 4)
Operated a vehicle for hire making passenger pickup in Collier Co.
without first obtaining a Driver ID issued by Collier Co. Code
Enforcement
Violation address: 851 Gulfshore Blvd. N.
(Refer to: Agenda # 1, Case # CO-OOI92 CEVFH 20080007320 - BCC vs. Clean
Ride Limo, Inc.)
5. Case # CO-00I96 CEVFH 20080007684 - BCC vs. Neil Walmslev
The Hearing was requested by Collier County Code Enforcement Vehicle-for-Hire
Specialist Michaelle Crowley who was present.
Assistant County Attorney Marjorie Student-Stirling was also present.
The Respondent, Bobby Dwight Calvert, owner, was present and represented by his
Attorney, Brandon Perkins.
Violation(s): Code of Laws & Ord., Chap. 142, Sec.(s) 142-33(1), 142-37(B),
142-58(F)(4)
Operated a vehicle for hire making passenger pickup in Collier Co.
without first obtaining a Driver ID issued by Collier Co. Code
Enforcement
22
"..-......-~._--~-,._------~_.~.~~._--_._----~~--_._._--
16/4
81
October 17,2008
Violation address: 851 Gulfshore Blvd. N. as destination
(Refer to: Agenda # I, Case # CO-OOI92 CEVFH 20080007320 - BCC vs. Clean
Ride Limo, Inc.)
6. Case # CO-00197 CEVFH 20080008631 - BCC vs. Clean Ride Limo. Inc.
The Hearing was requested by Collier County Code Enforcernent Vehicle-for-Hire
Specialist Michaelle Crowley who was present.
Assistant County Attorney Marjorie Student-Stirling was also present.
The Respondent, Bobby Dwight Calvert, owner, was present and represented by his
Attorney, Brandon Perkins.
Violation(s): Code of Laws & Ord., Chap. 142, Sec.(s) 142-33 (J), 142-34, 142-37(B)
Allowed/employed Neil Walmsley to operate a vehicle for hire making
a passenger pick up in Collier Co. without first obtaining a Driver ID
issued by Code Enforcement
Violation address: 851 Gulfshore Blvd.
(Refer to: Agenda # 1, Case # CO-00192 CEVFH 20080007320 - BCC vs. Clean
Ride Limo, Inc.)
VI. NEW BUSINESS:
A. Motion for Imposition of Fines: NONE
VII. OLD BUSINESS:
A. Request to forward cases for Foreclosure I Collections: NONE
VIII. CONSENT AGENDA: NONE
IX. REPORTS:
The following information was read into the record in order to obtain closure for the
cases:
1. Case # 2007081165
Case Type: Nuisance Abatement Assessment of Lien - August I, 2008 Hearing
Owner: Teresa G. Oliver & Genevieve C. Zanetti
Lien was not recorded, property should not have had lien placed on it, invoice paid
prior to Aug. I, 2008
2. Case # CENA 20080001063
23
16 , 1 B ltober 17,2008
Case Type: Nuisance Abatement Assessment of Lien - August I, 2008 Hearing
Owner: Jorge & Ana Marie Serna
Lien was not recorded, owners not responsible for County Abatement invoice. The
County vendor abated wrong property.
3. Case # CENA 20080003578
Case Type: Nuisance Abatement Assessment of Lien - August I, 2008 Hearing
Owner: Chad Sulkes
Lien was not recorded; the case was incorrectly included on the Consent Agenda,
invoice was paid prior to Aug. I, 2008
The Special Magistrate confirmed no further action was required.
X. NEXT HEARING DATE - November 7, 2008 at 9:00 AM
The Hearing will be located at 2800 N. Horseshoe Drive in the Community
Development and Environmental Services Building in Conference Room 609-610.
There being no further business for the good of the County, the Hearing was adjourned by
Order of the Special Magistrate at 12:50 PM.
COLLIER COUNTY SPECIAL MAGISTRATE
~('~
re Garretson, Sp' agistrate
These Minutes ryere approved by the Special Magistrate on \'{I,)) , 1 \ doc 'b
as presented~, or as amended_.
24
16K 3
MEMORANDUM
Date:
December 24, 2008
To:
William E. Mountford
Assistant County Attorney
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Settlement Agreement and Mutual Release
Attached, please find one (1) copy ofthe agreement referenced above
(Agenda Item #16K3), approved by the Board of County
Commissioners on Tuesday, December 2, 2008.
If you have any questions, please call me at 252-7240.
Thank you.
Attachments (2)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 K 3
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original do<:umcnts should be hand delivered to the Board Office. The completed routing slip and original
documents are to be Jonvardcd to the 130ard ()fIice only af'ter the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
excention of the Chairman's sil!nature, draw a line throuoh routinl! lines # 1 throm~h #4, comolete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routinQ: order)
1. William E. Mountford, ACA County Attorney's Office RNZ 12/23/08
for WEM
2. Sue Filson, Executive Manager Board of County Commissioners
3. Minutes and Records Clerk of Court's Office
4. William E. Mountford, ACA County Attorney's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCe approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one oflhe addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BeC Chairman's signature arc to be delivered to the Bee office only after the Bee has acted to approve the
item.)
Name of Primary Staff William E. Mountford Phone Number 252-8400
Contact Assistant County Attorney
Agenda Date Item was 12/2/08 Agenda Item Number 16K3
Aooroved bv the BCC
Type of Document Settlement Agreement and M uwal Release Number of Original I
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro date.
Original document has been signed/initialed for legal sumciency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Otlice and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licablc.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC otlice within 24 hours of BCC approval.
Some documents arc time sensitive and require forwarding to Tallahassee within a certain
time frame or the Bee's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 1212/08 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
Please return one executed co of the document to William Mountford, ACA
WEM
Yes
(Initial)
WEM
N/A (Not
A Iicable)
2.
N/A
3.
WEM
4.
WEM
5.
N/A
6.
7.
I: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26,05, Revised 2.24.05
16K 3
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter
...0
referred to as the "Agreement and Release') is entered into and made on this ~
day of \)<'(,<'"",-'0(." , 2008 by and between Collier County, a political subdivision
of the State of Florida, (hereinafter referred to as the "County") and Naples Sunrise Inc.,
(hereinafter referred to as "Defendant").
WIT N E SSE T H:
WHEREAS, County filed a lawsuit against the Defendant in the County Small
Claims Court in and for Collier County, Florida, styled Collier County, a political
subdivision of the State of FloridB v. Naples Sunrise, Inc., Case No. 08-2803-SC
CA (hereinafter referred to as the "Lawsuit"); and,
WHEREAS, County and the Defendant, without either of them admitting any
liability or fault, desire to settle the Lawsuit and any and all disputes that arise from,
relate or refer in any way, whether directly or indirectly, to the incidents described or
allegations made in the Statement Claim filed in the Lawsuit; and,
WHEREAS, County and the Defendant desire to reduce their settlement to a
writing so that it shall be binding upon them as well as their respective owners,
principals, elected officials, officers, employees, ex-employees, agents, attorneys,
representatives, insurers, spouses, successors, assigns, heirs and affiliates.
16K 3
NOW, THEREFORE, in consideration of the mutual covenants, promises and
consideration set forth in this Agreement and Release, and with the intent to be legally
bound, County and the Defendant agree as follows:
1. County and the Defendant adopt and incorporate the foregoing recitals,
sometimes referred to as "Whereas Clauses", by reference into this Agreement and
Release.
2. In consideration of the resolution of all disputes or claims arising from or
referring or relating in any way, whether directly or indirectly, to the Lawsuit, and for and
in consideration of the sum of One Thousand One Hundred Two and 03/100 Dollars
($1,102.03) and other valuable consideration, the receipt and adequacy of which is
hereby acknowledged by County, County agrees to dismiss the Lawsuit with prejudice.
3. In consideration of the resolution of the Lawsuit, and for other good and
valuable consideration, the receipt and adequacy of which is hereby acknowledged,
County, on behalf of itself, as well as on behalf of its attorneys, agents, representatives,
insurers, heirs, successors and assigns, hereby expressly releases and forever
discharges the Defendant, as well as its elected officials, officers, employees, ex-
employees, agents, attorneys, representatives, successors, assigns, insurers and
affiliates from any and all claims, demands, causes of actions, damages, costs,
attorney's fees, expenses and obligations of any kind or nature whatsoever that it has
asserted or could have asserted in the Lawsuit or that arise from or relate or refer in any
way, whether directly or indirectly, to the Lawsuit or any incident, event or allegation
,
referred to or made in the Statement of Claim in the Lawsuit.
2
16K 3
4. Notwithstanding anything that may be to the contrary in Paragraph 3 of
this Agreement and Release. County and the Defendant agree that either of them (as
well as any other persons or entities intended to be bound) shall, in the event of any
breach, retain the right to enforce the terms and conditions of this Agreement and
Release.
5. County and the Defendant acknowledge and agree that this Agreement
and Release is intended to and shall be binding upon their respective owners,
principals, officials, officers, employees, ex-employees, agents, attorneys,
representatives, insurers, successors, assigns, spouses, heirs and affiliates.
6. County and the Defendant recognize and acknowledge that this
Agreement and Release memorializes and states a settlement of disputed claims and
nothing in this Agreement and Release shall be construed to be an admission of any
kind, whether of fault, liability, or of a particular policy or procedure, on the part of either
County or the Defendant.
7. County and the Defendant acknowledge and agree that this Agreement
and Release is the product of mutual negotiation and no doubtful or ambiguous
language or provision in this Agreement and Release is to be construed against any
party based upon a claim that the party drafted the ambiguous provision or language or
that the party was intended to be benefited by the ambiguous provision or language.
8. This Agreement and Release may be amended only by a written
instrument specifically referring to this Agreement and Release and executed with the
same formalities as this Agreement and Release.
3
16K 3
9. In the event of an alleged breach of this Agreement and Release, County
and the Defendant agree that all underlying causes of action or claims of County have
been extinguished by this Agreement and Release and that the sole remedy for breach
of this Agreement and Release shall be for specific performance of its terms and
conditions or any damages arising from the breach. In this regard, County and the
Defendant further agree that the sole venue for any such action shall be in the
Twentieth Judicial County Court in and for Collier County, Florida in Naples, Florida.
10. This Agreement and Release shall be governed by the laws of the State of
Florida.
IN WITNESS WHEREOF, County and the County have signed and sealed
this Agreement and Release as set forth below.
Date: D~~~2>J., 2bo-~
'" ", .""
ATTEST: . . ~-;
DWIGHTEBROCK,6I'erk
~ .~ . ~;
...\
Date:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
\"\,
j
st II to C1lI'
s19f1aturt on.-
Date:
SUNRISE, INC.
S7et/p ~ ~/\//(-#'
Print Name
4
16K 3
STATE OF ~ \~"'-\.\......
COUNTYOF '-':,\\\'\.I-
THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN NAPLES SUNRISE,
INC. AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by
~"UJ'" ~">~'U'\ representative of Defendant, Naples Sunrise,
Inc., before me on this \~ day of ~~UN\\:.ut , 2008.
~"'I...~. '\..~:-,,,,,,,-\...,.('
Signa re of Notary Public
Personally Known
or
Produced Identification
L
~~-\\\\"'" ':>."\)~u<-
Com issioned Name of Notary Public
(Please print, type or stamp)
My Commission expires:
~ \~\..\~ ""\)~f,.Jr.'.... u.n iU.1.
Type of Identification Produced
.,,,RYPue
,,0......."0 CYrIDlIA D. DASHER
. W. * MY COMMISSION I DO 672578
\:Cp,o' EXPIRES: June 6, 2011
,'Nnrff- BOIIdedThruBudgetNotalySlrvlcas
Approved as to form and
legal sufficienc .
..----./
/
~illiam E. untford
Assistant County Attorney
OB-2B03-SC/22
5
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
(i)
17 A
To: Clerk to the Board: Please place tbe following as a:
~ Nonnallegal Advertisement
(Display Adv., Jocation, etc.)
o Other:
****************************************************.*****************************************************
Originating Deptl Div: Code Enforcement Person: Diane Flagg, Code Enforcement Director
Date: 11/18/08
Petition No. (If none, give brief description): An Ordinance of the Board of County Commissioners oteollier County, Florida to
regulate tbe parking, storage or use of recreational vehicles.
Petitioner: (Name & Address):
Name & Address ofany person(s) to be notified by Clerk's Office: (tfmore space is needed, attach separate sheet) Diane Flagg, Code
Enforcement Director
Hearing before x BCC
BZA
Other
Requested Hearing date: December 2. 2008 (Based on advertisement appearing 10 days before hearing.
Newspaper(s) to be used: (CompJete only if important):
~ Naples Daily News
o Other
o Legally Required
Proposed Text: (Include legal description & common location & Size:
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? ~ Yes 0 No If Yes, what account should be charged for advertising costs:
111138911 P0#4500100805
~!t;l'1l1/t,
!! /;1/0 r
I
i\ <try
~
~
Date
~
List Attachments:
DISTRffiUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one coy aod obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
o County Manager agenda file: to
Clerk's Office
o Requesting Division
o Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
..........*.....................*..**..***********......****..*.*..*...*.........***.*******.***...*****.**
FORCLERK'SOFFICEUSE,?NL~hCc 'r> 1z.1 ."8 .. L, 1,0
Date Received: ~ Date of Public hearing: ~ Date Advertised: ~UO
l?A
ORDINANCE NO. 08,_
AN ORDINANCE OF mE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO
REGULATE THE PARKING, STORAGE OR USE OF
RECREATIONAL VEHICLES BY PROVIDING FOR:
SECTION ONE, PURPOSE AND INTENT; SECTION TWO,
TITLE; SECTION THREE, APPLICABILTIY; SECTION
FOUR, DEFINITIONS; SECTION FIVE, LIMITATIONS ON
PARKING, STORAGE AND USE OF RECREATIONAL
VEHICLES; AND SECTION SIX, PERMITS; SECTION
SEVEN, EFFECT ON LAND DEVELOPMENT COOE
PROVISION REGULATING PARKING, STORAGE AND
USE OF RECREATIONAL VEHICLES; SECTION EIGHT,
CONFLICT AND SEVERABILITY; SECTION NINE,
INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
AND SECTION TEN, EFFECTIVE DA TE.
WHEREAS, Chapter 125. Florida Statutes. establishes the right and power of counties to provide for the
health, welfare and safety of existing and future residents of the county by enacting and enforcing regulations concerning
the use of property necessary for the protection of the public; and
WHEREAS, at its October 14, 2008 meeting the Board of County Commissioners (BCC) directed that the
regulations concerning the parking, storage and use of recreational vehicles be moved from of the Land Development
Code (LDC) to the Collier County Code of Laws and Ordinances; and
WHEREAS, also at the October 14, 2008 meeting the BCe directed that these regulations be amended to
provide additional time for recreational vehicles to be stored or parked on properties within residentially zoned areas as
well as to provide for a "streamlined" permitting process.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARO OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA that:
SECTION ONE:
Purpose and Intent
The code is hereby considered to remedial and shall be construed and interpreted to secure the public, health
and general welfare through the prevention of the long-term open storage of recreational vehicles about the front, and
sides of residentially zoned properties.
SECTION TWO: Title
This Ordinance shall be known and may be cited as the "Collier County Parking, Storage and Use of
Recreational Vehicle Control Ordinance".
SECTION THREE: Applicability
This Ordinance shall apply to, and be enforced in, all unincorporated areas of Collier County, Florida.
SECTION FOUR:
Definitions
When used in this Ordinance, the following words, phrases, or terms shall have the following meanings. unless
the content clearly indicates otherwise:
I. REAR YARD, CORNER LOT: that portion of the Jot opposite the street with the least frontage.
2. REAR YARD, THROUGH LOT: that portion of the lot lying between the rear elevation of the residence (by
design) and the street.
3. RECREATIONAL VEHICLE: a vehicular type portable structure without permanent foundation which can
be towed, hauled or driven and primarily designed as a temporary living accommodation when engaged in
recreation, camping or travel use. This type of vehicle includes but is not limited to travel trailers, truck
campers, camping trailers, self-propelled motor homes, boats, jet skis and trailers used for transporting these
vehicles.
Pagelof2
17 A
4. RESIDENTIAL DISTRICTS: a residential zoning district as described in the Land Development Code to
include; RSF-i, RSF-2, RSF-3, RSF-4, RSF-5. RSF-6, RMF6, RMF-12, RMF-16, RT, VR and MH Zoning
Districts as well as the single~family and multi-family residential components of Planned Unit Development
(PUD) Zoning Districts.
SECTION FIVE:
Limitations on Parking, Storage or Use of Recreational Vehicles
1. It shall be unlawful for a recreational vehicle to be used for living, sleeping, or housekeeping purposes when
parked or stored in any residential district, or any other location not approved for such use.
2. Recreational vehicles may be stored or parked only in a rear yard, Of in a carport, or in a completely enclosed
building on a lot where the principal, existing use is a single-family residence, or a mobile home except as
provided in Paragraph 4 below.
3. Boats and jet skis may also be stored on davits or cradles adjacent to waterways on lots where the principal,
existing use is a single-family residence, multi-family residence or mobile home.
4. Recreational vehicles may be parkcd in the front yard andlor side yard of single-family or mobile home
residence other than on County rights-of-way or right-of-way easements for a period not to exceed 48 hours
within any given 7-day time period so long as the required permit is obtained from the Collier County Code
Enforcement Department
SECTION SIX: Permits
I, An individual who parks or stores a recreational vehicle in the front or side yard of a single family or mobile
home residence for a maximum period of 48 hours within any given 7-day time period must obtain a permit
from the Collier County Code Enforcement Department. Such permits shall be available on-line at the Collier
County Code Enforcement Department web-site.
2. Said permit must be affixed to the recreational vehicle. Said vehicle must be parked in such a way that the
permit is visible from the street.
SECTION SEVEN:
This Ordinance replaces and supersedes any similar provision that presently exists in the Collier County Land
Development Code.
SECTION EIGHT:
Conflict and Severability
In the event this Ordinance conflicts with any othcr ordinance of Collier County or other applicable law, the
more restrictive shall apply. If any court of competent jurisdiction holds any phrase or portion of this Ordinance invalid
or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shaH
not affect the validity of the remaindering portion.
SECTION NINE:
Inclusion in the Code of Laws and Ordinances
The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of
Collier County, Florida. The sections of the Ordinance may be renumbered or re~Jettered to accomplish such, and the
word "ordinance" may be changed to "section", "article", or any other appropriate word.
SECTION TEN:
Effective Date
This Ordinance shall become effective upon filing with the Department of Statue.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this
_day of ,2008.
Assistant County Attorney
ATTEST
DWIGHT BROCK CLERK
BY'
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Deputy Clerk
BY,
TOM HENNING. CHAIRMAN
Approved as to form and legal
sufficiency;
r{Y
~l Marjorie Student-Stirling
Page 2 of 2
Patricia L. Morgan
17 A
From:
Sent:
To:
Subject:
Attachments:
SerranoMa rlene [MarleneSerrano@colliergov.net)
Tuesday, November 18, 2008 2:57 PM
Minutes and Records
FW: Emailing: ORDINANCE NO.docx
ORDINANCE NO.docx
<<ORDINANCE NO.docx>>
Here is the Ordinance in word format.
Marlene Serrano
Operations Manager
Code Enforcement Department
T: 239-252-2487
F: 239-252-3926
Mission Statement" To protect the health, safety, and welfare of Collier County residents and visitors
through education, cooperation, and compliance"
-----Original Message-----
From: nievesblanca
Sent: Tuesday, November 18,20082:40 PM
To: SerranoMarlene
Subject: Emailing: ORDINANCE NO.docx
The message is ready to be sent with the following file or link
attachments:
ORDINANCE NO.docx
Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain
types of file attachments. Check your e-mail security settings to determine how attachments are
handled.
17 A
ORDINANCE NO. 08-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO
REGULATE THE PARKING, STORAGE OR USE OF
RECREATIONAL VEHICLES BY PROVIDING FOR:
SECTION ONE, PURPOSE AND INTENT; SECTION TWO,
TITLE; SECTION THREE, APPLlCABILTlY; SECTION
FOUR, DEFINITIONS; SECTION FIVE, LIMITATIONS ON
PARKING, STORAGE AND USE OF RECREATIONAL
VEHICLES; AND SECTION SIX, PERMITS; SECTION
SEVEN, EFFECT ON LAND DEVELOPMENT CODE
PROVISION REGULATING PARKING, STORAGE AND
USE OF RECREATIONAL VEHICLES; SECTION EIGHT,
CONFLICT AND SEVERABILITY; SECTION NINE,
INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
AND SECTION TEN, EFFECTIVE DATE.
WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to provide for the
health, welfare and safety of existing and future residents of the county by enacting and enforcing regulations concerning
the use of property necessary for the protection of the public; and
WHEREAS, at its October 14, 2008 meeting the Board of County Commissioners (Bee) directed that
regulations concerning the parking, storage and use of recreational vehicles be moved from of the Land Development
Code (LDC) to the Collier County Code of Laws and Ordinances; and
WHEREAS, also at the October 14, 2008 meeting the Bee directed that these regulations be amended to
provide additional time for recreational vehicle to be stored or parked on properties within residentially zoned areas as
well as to provide for a "streamlined" permitting process.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA that:
SECTION ONE:
Purpose and Intent
The code is hereby considered to remedial and shall be construed and interpreted to secure the public, health
and general welfare through the prevention of the long-term open storage of recreational vehicles about the front, and
sides of residentially zoned properties.
SECTION TWO: Title
This Ordinance shall be known and may be cited as the "Collier County Parking, storage and Use of
Recreational Vehicle Control Ordinance".
SECTION THREE: Applicability
This Ordinance shall apply to, and be enforced in, all unincorporated areas of Collier County, Florida.
SECTION FOUR:
Definitions
When used in this Ordinance, the following words, phrases, or terms shall have the following meanings, unless
the content clearly indicates otherwise:
1. REAR YARD, CORNER LOT; that portion of the lot opposite the street with the least frontage.
2. REAR YARD, THROUGH LOT: that portion of the lot lying between the rear elevation of the residence (by
design) and the street.
3. RECREATIONAL VEHICLE: a vehicular type portable structure without permanent foundation which can
be tov....ed, hauled or driven and primarily designed as a temporary living accommodation when engaged in
recreation, camping or travel use. This type of vehicle includes but is not limited to travel trailers. truck
campers, camping trailers, self.propelled motor homes, boats, jet skis and trailers used for transporting these
vehicles.
Page 1 of 2
17 A
4. RESIDENTIAL DISTRICTS: a residential zoning district as described in the Land Development Code to
include; RSF-t, RSF-2, RSF-3, RSF-4, RSF-5. RSF-6, RMF6, RMF-t2. RMF-t6, RT, VR and Mlt Zoning
Districts as well as the single~family and multi-family residential components of Planned Unit Development
(PUD) Zoning Districts.
SECTION FIVE:
Limitations on Parking, Storage or Use of Recreational Vehicles
1. It shall be unlawful for a recreational vehicle to be used for living, sleeping, or housekeeping purposes when
parked or stored in any residential district, or any other location not approved for such use.
2. Recreational vehicles may be stored or parked only in a rear yard, or in a carport, or in a completely enclosed
building on a lot where the principal, existing use as a single-family residence, or a mobile home except as
provided in Paragraph 4 below.
3. Boats and jet skis may also be stored on davits or cradles adjacent to waterways on lots where the principal,
existing use is a single-family residence, multi~family residence or mobile home.
4. Recreational vehicles may be parked in the front yard and/or side yard of single-family or mobile home
residence other than on County rights-of-way or right-of~way easements for a period not to exceed 48 hours
within any given 7~day time period so long as the required permit is obtained from the Collier County Code
Enforcement Department
SECTION SIX: Permits
1. An individual who parks or stores a recreational vehicle in the front or side yard of a single family or mobile
home residence for a maximum period of 48 hours within any given 7~day time period must obtain a permit
from the Collier County Code Enforcement Department. Such permits shall be available on-line at the Collier
County Code Enforcement Department web-site.
2. Said permit must be affixed to the recreational vehicle. Said vehicle must be parked in such a way that the
permit is visible from the street.
SECTION SEVEN:
This Ordinance replaces and supersedes any similar provision that presently exists in the Collier County Land
Development Code.
SECTION EIGHT:
Conflict and Severability
In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the
more restrictive shall apply. Ifany court of competent jurisdiction holds any phrase or portion of this Ordinance invalid
or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall
not affect the validity of the remaindering portion.
SECTION NINE:
Inclusion in the Code of Laws and Ordinances
The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of
Collier County, Florida. The sections of the Ordinance may be renumbered or re-Iettered to accomplish such, and the
word "ordinance" may be changed to "section". "article", or any other appropriate word.
SECTION TEN:
Effective Date
This Ordinance shall become effective upon filing with the Department of Statue.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida. this
~day of ,2008.
Assistant County Attorney
ATTEST
DWIGHT BROCK CLERK
BY:
BOARD OF COUNTY COMMtSStONERS
COLLIER COUNTY, FLORIDA
Deputy Clerk
BY:
Approved as to form and legal
Sufficiency;
TOM HENNING, CHAIRMAN
Marjorie Student-Stirling
Page 2 of 2
17 A
Patricia L. Mor~an
From:
Sent:
To:
Subject:
Patricia L. Morgan on behalf of Minutes and Records
Tuesday, November 1S, 200S 3:00 PM
'SerranoMarlene'
RE: Emailing ORDINANCE NO.docx
We will send on the ordinance title as you have attached it below in MSWord. Since our deadline
w/NDN is NOW, we will send it right over.
Thanks, Trish
-----Original Messagem--
From: SerranoMarlene [mailto:MarleneSerrano@colliergov.net]
Sent: Tuesday, November 18, 20082:57 PM
To: Minutes and Records
Subject: FW: Emailing: ORDINANCE NO.docx
<<ORDINANCE NO.docx>>
Here is the Ordinance in word format.
Marlene Serrano
Operations Manager
Code Enforcement Department
T: 239-252-2487
F: 239-252-3926
Mission Statement" To protect the health, safety, and welfare of Collier County residents and visitors
through education, cooperation, and compliance"
-----Original Message-----
From: nievesblanca
Sent: Tuesday, November 18, 2008 2:40 PM
To: SerranoMarlene
Subject: Emailing: ORDINANCE NO.docx
The message is ready to be sent with the following file or link
attachments:
ORDINANCE NO.docx
Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain
types of file attachments. Check your e-mail security settings to determine how attachments are
handled.
NOTICE OF INTENT TO CONSIDER ORDINANCE
17A
Notice is hereby given that on Tuesday, December 2, 2008, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the
Board of County Commissioners will consider the enactment of a
County Ordinance. The meeting will commence at 9:00 A.M. The title
of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA TO REGULATE THE PARKING, STORAGE OR USE OF
RECREATIONAL VEHICLES BY PROVIDING FOR: SECTION ONE, PURPOSE AND
INTENT; SECTION TWO, TITLE; SECTION THREE, APPLICABIL TIY; SECTION
FOUR, DEFINITIONS; SECTION FIVE, LIMITATIONS ON PARKING, STORAGE
AND USE OF RECREATIONAL VEHICLES; AND SECTION SIX, PERMITS;
SECTION SEVEN, EFFECT ON LAND DEVELOPMENT CODE PROVISION
REGULATING PARKING, STORAGE AND USE OF RECREATIONAL VEHICLES;
SECTION EIGHT, CONFLICT AND SEVERABILITY; SECTION NINE, INCLUSION
IN THE CODE OF LAWS AND ORDINANCES; AND SECTION TEN, EFFECTIVE
DATE.
Copies of the proposed Ordinance are on
Board and are available for inspection.
invited to attend and be heard.
file with the Clerk to the
All interested parties are
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 5 minutes on
any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted to
the appropriate County staff a minimum of seven days prior to the
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the 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 based.
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
17 A
Collier County Facilities Management Department, located at 3301
Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-8380.
Assisted listening devices for the hearing impaired are available in
the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
Acct. #068782
November 18, 2008
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Ordinance - Recreational Vehicles (regulating parking, storage, and use of)
Dear Legals:
Please advertise the above referenced notice on Friday, November 21, 2008, and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O.#: 4500100805
17 A
NOTICE OF INTENT TO CONSIDER ORDINANCE
17 A
Notice is hereby given that on Tuesday, December 2, 2008, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the
Board of County Commissioners will consider the enactment of a
County Ordinance. The meeting will commence at 9:00 A.M. The title
of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA TO REGULATE THE PARKING, STORAGE OR USE OF
RECREATIONAL VEHICLES BY PROVIDING FOR: SECTION ONE, PURPOSE AND
INTENT; SECTION TWO, TITLE; SECTION THREE, APPLICABILTIY; SECTION
FOUR, DEFINITIONS; SECTION FIVE, LIMITATIONS ON PARKING, STORAGE
AND USE OF RECREATIONAL VEHICLES; AND SECTION SIX, PERMITS;
SECTION SEVEN, EFFECT ON LAND DEVELOPMENT CODE PROVISION
REGULATING PARKING, STORAGE AND USE OF RECREATIONAL VEHICLES;
SECTION EIGHT, CONFLICT AND SEVERABILITY; SECTION NINE, INCLUSION
IN THE CODE OF LAWS AND ORDINANCES; AND SECTION TEN, EFFECTIVE
DATE.
Copies of the proposed Ordinance are on
Board and are available for inspection.
invited to attend and be heard.
file with the Clerk to the
All interested parties are
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 5 minutes on
any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted to
the appropriate County staff a minimum of seven days prior to the
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the 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 based.
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
17A
Collier County Facilities Management Department, located at 3301
Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-8380.
Assisted listening devices for the hearing impaired are available in
the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
17 A
Martha S. Vergara
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Tuesday, November 18, 2008 3:35 PM
Martha S. Vergara
Delivery Status Notification (Relay)
Attachments:
ATT80946.txt; Ordinance - Recreational Vehicles
[j
B
AlT80946.txt (231 Ordinance -
8) Recreational Vehic."
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
Page I of I
Martha S. Vergara
l?A
From: Pagan, Emely [EPagan@Naplesnews.com]
Sent: Tuesday, November 18, 2008 3:56 PM
To: Martha S. Vergara
Subject: RE: Ordinance - Recreational Vehicles
OK
From: Martha 5. Vergara [mailto:Martha.Vergara@collierclerk.com]
Posted At: Tuesday, November 18, 2008 3:35 PM
Posted To: Legals - NDN
Conversation: Ordinance - Recreational Vehicles
Subject: Ordinance - Recreational Vehicles
Legal's,
Here is an Ad to be placed.
PLEASE SEND AN OK WHEN RECEIVED.
Thanks,
Martha Vergara
Deputy Clerk II - BMR
252-7240
11/18/2008
ORDINANCE NO. 08-
17ft
, ,
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA TO REGULATE THE PARKING, STORAGE OR
USE OF RECREATIONAL VEHICLES BY PROVIDING FOR: SECTION ONE,
PURPOSE AND INTENT: SECTION TWO, TITLE; SECTION THREE,
APPLICABILTIY; SECTION FOUR, DEFINITIONS; SECTION FIVE,
LIMITATIONS ON PARKING, STORAGE AND USE OF RECREATIONAL
VEHICLES; AND SECTION SIX, PERMITS; SECTION SEVEN, EFFECT ON
LAND DEVELOPMENT CODE PROVISION REGULATING PARKING,
STORAGE AND USE OF RECREATIONAL VEHICLES; SECTION EIGHT,
CONFLICT AND SEVERABILITY; SECTION NINE, INCLUSION IN THE CODE
OF LAWS AND ORDINANCES; AND SECTION TEN, EFFECTIVE DATE.
WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to provide for the
health, welfare and safety of existing and future residents of the county by enacting and enforcing regulations concerning
the use of property necessary for the protection ufthe public; and
WHEREAS, at its October 14, 2008 meeting the Board of County Commissioners (BCe) directed that the
regulations concerning the parking, storage and use of recreational vehicles be moved from of the Land Development
Code (LDC) to the Collier County Code of Laws and Ordinances; and
WHEREAS, also at the October 14, 2008 meeting the BCC directed that these regulations be amended to
provide additional time for recreational vehicles to be stored or parked on properties within residentially zoned areas as
well as to provide for a "streamlined" permitting process.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA that:
SECTION ONE:
Purpose and Intent
This Ordinance is hereby considered to remedial and shall be construed and interpreted to secure the public,
health and general welfare through the prevention of the long-term open storage of recreational vehicles about the front,
and sides of residentially zoned properties.
SECTION TWO: Title
This Ordinance shall be known and may be cited as the "Collier County Parking, Storage and Use of
Recreational Vehicle Control Ordinance".
SECTION THREE: Applicability
This Ordinance shall apply to, and be enforced in, all unincorporated areas of Collier County, Florida.
SECTION FOUR:
Definitions
When used in this Ordinance, the fol1owing words, phrases, or terms shall have the following meanings, unless
the content c1carly indicates otherwise:
1. REAR YARD, CORNER LOT: that portion of the lot opposite the street with the least frontage.
2. REAR YARD, THROUGH LOT: that portion of the lot lying betwecn the rear elevation of the residence (by
design) and the street.
3. RECREATIONAL VEHICLE: a vehicular type portable structure without permanent foundation which can
be towed, hauled or driven and primarily dcsigned as a temporary living accommodation when engaged in
recreation, camping or travel use. This type of vehicle includes but is not limited to travel trailers, truck
campers, camping trailers, self-propelled motor homes, boats, jet skis and trailers used for transporting these
vehicles.
4. RESIDENTIAL DISTRICTS: a residential zoning district as described in the Land Development Code to
include; RSF-I, RSF-2, RSF-3, RSF-4, RSF-5, RSF-6, RMF6, RMF-12, RMF-t6, RT. VR and MH Zoning
Districts as wel1 as the single-family and multi-family residential components of Planned Unit Development
(rUD) Zoning Districts.
Page 1 of 2
17A
SECTION FIVE:
Limitations on Parking, Storage or Use of Recreational Vehicles
I. It shall be unlawful for a recreational vehicle to be used for living, sleeping, or housekeeping purposes when
parked or stored in any residential district, or any other location not approved for such use.
2. Recreational vehicles may be stored or parked only in a rear yard, or in a carport, or in a completely enclosed
building on a lot where the principal, existing use is a single-family residence, or a mobile home except as
provided in Paragraph 4 below.
3. Boats and jet skis may also be stored on davits or cradles adjacent to waterways on lots where the principal,
existing use is a single~family residence, multi. family residence or mobile home.
4. Recreational vehicles may be parked only on a driveway located within the front yard and/or a driveway
located within the side yard of a single-family or mobile home residence other than on County rights-of-way
or right-of-way easements for a period not to exceed 48 hours within any given 7-day time period so long as
the required permit is obtained from the Collier County Code Enforcement Department.
5. The provisions of this Ordinance shall not affect any deed restriction or restrictive covenant that contains
stricter requirements than those set forth herein.
SECTION SIX: Permits
1. An individual who parks or stores a recreational vehicle on a driveway within the front yard or on a driveway
within the side yard of a single family or mobile home residence for a maximum period of 48 hours within
any given 7-day time period must obtain a permit from the Collier County Code Enforcement Department.
Such permits shall be available on-line at the Collier County Code Enforcement Department web-site.
2. Said permit must be affixed to the recreational vehicle. Said vehicle must be parked in such a way that the
permit is visible from the street.
SECTION SEVEN: Effect on Land Devetopment Code
This Ordinance replaces and supersedes any similar provision that presently exists in the Collier County Land
Development Code.
SECTION EIGHT:
Conflict and Severability
In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the
more restrictive shall apply. Tfany court of competent jurisdiction holds any phrase or portion of this Ordinance invalid
or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall
not affect the validity of the remaindering portion.
SECTION NINE:
Inclusion in the Code of Laws and Ordinances
The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of
Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the
word "ordinance" may be changed to "section", "article", or any other appropriate word.
SECTION TEN:
Effective Date
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this
_day of ,2008.
ATTEST
DWIGHT BROCK CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BV:
BY:
Deputy Clerk
TOM HENNING, CHAIRMAN
Approved as to form and legal
sufficiency;
/MarjOrie Student-Stirling
Assistant County Attorney
Page 2 of 2
N~ples Daily Ncws
Naples, FL 34102
17 A
Affidavit of Publication
Naples Daily News
------------------------------------------------.--+------------------------
153.000 INCH
11/21/08
- - - .- - - - - - - - - - - - - - - - - -- - n - .. ~ - - - - - - - - - - - - - - - - - - - - + - - - - - - - - - - - - - - - - - - - - - - - -
Signature of Affiant t.._;U c)f Q~
Sworn to and Subscribed before me this ,R6 #1day of ~ 20~ ~
Personally known by me ~~
BCC/CODE ENFORCEMENT
S CLUTE/FINANCE DEPT
POB 413044 CLERK OF THE CIRCUIT COURT
NAPLES FL 34101
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REFERENCE: 068782
59543001
1200100805
NOTICE OF INTENT TO
State of Florida
County of Collier
Before the undersigned authority, personally
appeared Phil Lewis, who on oath says that he
serves as the Editor and Vice President of the
Naples Daily News, a daily newspaper published at
Naples, in Collier County, Florida: that the
attached copy of advertising was published in said
newspaper on dates listed.
Affiant further says that the said Naples Daily
News is a newspaper published at Naples, in said
Collier County, Florida, and that the said
newspaper has heretofore been continuously
published in said Collier County, Florida, each
day and has been entered as second class mail
matter at the post office in Naples, in said
Collier County, Florida, for a period of 1 year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that he has neither paid nor
promised any person, firm or corporation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper.
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PUBLISHED ON: 11/21 11/21
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NANCYEV ANS
Commission DD 657030
Expires July 18, 2011
R(l!ji1ll~ThM,lTroYFain)nsul'!lncea(l()..385-7019
AD SPACE:
FILED ON:
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLtt 7 A
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ~
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper, Attach to original document. Original documents should be hand delivered to the Board Ofticc. The completed routing slip and original
documents are to be forwarded to the Board Otlice only after the Board has taken a<..1ion on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates. and/or information needed. I e document is already complete with the
exee tion oflhe Chairman's si nature: draw a line thrau h routin lines # I thrau #4, com tete the checklist, and fa ard to Sue Filson line#5 .
Route to Addressee(s) Office In 'als
List in routin order
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval, Normally the primary contact is the person who created"prepared the executive
summary. Primary contact information is needed in the event one oflhe addressees above, inclu:1ing Sue Filson, need to cmtact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCe office only after the BeC has acted to approve the
item.)
Name of Primary Staff Marlene Serrano
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
I. Diane Flagg
Code Enforcernent
2. Joe Schmitt
CDES
3.
4.
8 ~JlY'\"
5. Sue Filson, Executive Manager
Board of County Commissioners
6. Minutes and Records
Clerk of Court's Office
Phone Number
Agenda Item Number
Executive Summary - Recommendation to
adopt Ordinance pertaining storage, parking
and use of recreational vehicles.
Number of Original
Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chainnan, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BeC
Chainnan and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chainnan and the Clerk to the Board
The Chainnan's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the Bee on 1 :> 'jloo (enter date) and all changes
made during the meeting have been incorporated m the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
2.
3.
4.
5.
6.
I~llo O~
252-2487
17
C(jJ
N/A
~
?J
1: Forms/ County Forms/ Bce Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised ].26.05, Revised 2.24.05
17A
EXECUTIVE SUMMARY
Recommendation to the Board of County Commissioners to adopt the attached
Ordinance pertaining to the Storage, Parking and Use of Recreational Vehicles to
be included in the Collier Connty Code of Laws and Ordinances pursuant to Board
Direction.
OBJECTIVE: That the Board of County Commissioners adopt the attached Ordinance
pertaining to the Storage, Parking and Use of Recreational Vehicles into the Collier
County Code of Laws and Ordinances pursuant to Board Direction.
CONSIDERATIONS: At its October 14,2008 meeting, the BCC upon staffs request
voted to adopt the attached Ordinance pertaining to the storage, parking and use of
recreational vehicles into the Collier County Code of Laws and Ordinances and removing
it from the Land Development Code. Additionally, this provision has been amended to
allow the parking of recreational vehicles in front andlor side yards of certain
residentially zoned properties for one 48 hour period within a given 7-day time period.
A provision for expedited permitting and requirements for the display of the permit has
also been added. The LDC amendment will need to be accomplished through the separate
LDC amendment process. Therefore, a provision has been added making it clear that the
Ordinance controls over the LDC provision.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: This Executive Summary will have no impact
on the County's Growth Management Plan.
LEGAL CONSIDERATION: The proposed Ordinance has been reviewed by the
County Attorney's Office and is legally sufficient for Board action. This item is
legislative and not quasi-judicial. This item requires a simple majority vote. (MMSS)
RECOMMENDATION: That the Board of County Commissioners adopt the proposed
Ordinance pertaining to storage, parking and use of recreational vehicles to be included in
the Collier County Code of Laws and Ordinances.
PREPARED BY: Marlene Serrano, Code Enforcement Department Operations
Manager.
Rev 12/06
ORDINANCE NO. 08- 64
17A
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA TO REGULATE THE PARKING, STORAGE
OR USE OF RECREATIONAL VEHICLES BY PROVIDING FOR: SECTION
ONE, PURPOSE AND INTENT; SECTION TWO, TITLE; SECTION THREE,
APPLICABILTlY; SECTION FOUR, DEFINITIONS; SECTION FIVE,
LIMITATIONS ON PARKING, STORAGE AND USE OF RECREATIONAL
VEHICLES; SECTION SIX, PERMITS: SECTION SEVEN, EFFECT ON
LAND DEVELOPMENT CODE PROVISION REGULATING PARKING,
STORAGE AND USE OF RECREATIONAL VEHICLES; SECTION EIGHT,
CONFLICT AND SEVERABILITY; SECTION NINE. INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; AND SECTION TEN, EFFECTIVE
DATE.
WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to provide for the
health, welfare and safety of existing and future residents of the county by enacting and enforcing regulations concerning
the use of property necessary for the protection of the public; and
WHEREAS, at its October 14,2008 meeting the Board of County Commissioners (Bee) directed that the
regulations concerning the parking, storage and use of recreational vehicles be moved from of the Land Development
Code (LDe) to the Collier County Code of Laws and Ordinances; and
WHEREAS, also at the October 14, 2008 meeting the Bee directed that these regulations be amended to
provide additional time for recreational vehicles to be stored or parked on properties within residentially zoned areas as
well as to provide for a ;'streamlined" permitting process.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA that:
SECTION ONE:
Purpose and Intent
The code is hereby considered to be remedial and shall be construed and interpreted to secure the public,
health and general welfare through the prevention of the long-term open storage ofrecreational vehicles about the front,
and sides of residentially zoned properties.
SECTION TWO: Titt.
This Ordinance shall be known and may be cited as the "Collier County Parking, Storage and Use of
Recreational Vehicle Control Ordinance".
SECTION THREE: Appticahility
This Ordinance shall apply to, and be enforced in, all unincorporated areas of Collier County, Florida.
SECTION FOUR:
Definitions
When used in this Ordinance, the [allowing words, phrases, or terms shall have the following meanings, unless
lhe content clearly indicates otherwise:
I. REAR YARD, CORNER LOT: that portion of the lot opposite the street with the least ffontage.
2. REAR YARD, THROUGH LOT: that portion of the lot lying between the rear elevation of the residence (by
design) and the street.
3. RECREATIONAL VEHICLE: a vehicular type portable structure without permanent foundation which can
be towed, hauled or driven and primarily designed as a temporary living accommodation when engaged in
recreation, camping or travel use, This type of vehicle includes but is not limited to travel trailers, truck
campers, camping trailers, self-propelled motor homes, boats, jet skis and trailers used for transporting these
vehicles.
4. RESIDENTIAL DISTRICTS: a residential zoning district as described in the Land Development Code to
include; RSF-I. RSF-2, RSF-3. RSF-4, RSF-5. RSF-6, RMF6, RMF-12, RMF-16. RT, VR and MH Zoning
Districts as well as the single-family and multi-family residential components of Planned Unit Development
(PUD) Zoning Districts.
Page 1 of 2
17A
SECTION FIVE:
Limitations on Parking, Storage or Use of Recreational Vehicles
1. It shall be unlawful for a recreational vehicle to be used for living, sleeping, or housekeeping purposes when
parked or stored in any residential district, or any other location not approved for such use.
2. Recreational vehicles may be stored or parked only in a rear yard, or in a carport, or in a completely enclosed
building on a lot where the principal, existing use is a single-family residence, or a mobile home except as
provided in Paragraph 4 below.
3. Boats and jet skis may also be stored on davits or cradles adjacent to waterways on lots where the principal,
existing use is a single-family residence, multi-family residence or mobile home.
4. Recreational vehicles may be parked only on a driveway located within the front yard and/or on a driveway
located within the side yard of single. family or mobile home residence other than on County rights-of-way or
right-of-way easements for a period not to exceed 48 hours within any given 7-day time period so long as the
required permit is obtained from the Collier County Code Enforcement Department.
5. The provisions of this Ordinance shall not affcct any deed restriction or restrictive covenant that contains
stricter requirements than those set forth herein.
SECTION SIX: Permits
I. An individual who parks or stores a recreational vehicle on a driveway within the front yard or on a driveway
within the side yard ofa single family or mobile home residence for a maximum period of 48 hours within any
given 7-day time period must obtain a permit from the Collier County Code Enforcement Department. Such
permits shall be available on-line at the Collier County Code Enforcement Department web.sitc.
2. Said permit must be affixed to the recreational vehicle. Said vehicle must be parked in such a way that the
permit is visible from the street.
SECTION SEVEN:
This Ordinance replaces and supersedes any similar provision that presently exists in the Collier County Land
Development Code.
SECTION EIGHT:
Conflict and Severability
1n the event this Ordinance contlicts with any other ordinance of Collier County or other applicable law, the
more restrictivc shall apply. If any court of competent jurisdiction holds any phrase or portion of this Ordinance invalid
or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall
not affect the validity ufthe remaining portion.
SECTION NINE:
Inclusion in the Code of Laws and Ordinances
The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of
Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the
word "ordinance" may be changed to "section", "article", or any other appropriate word.
SECTION TEN:
Effective Date
This Ordinance shall become effective upon filing with the Department of Statue.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this
'~fldd~y ofbtUM'DLr .2008
. .'."..
ATTE~l' '..,
D'WI~HT BROCK CU';RK.',
BY"
mm.{rq. '
A.......,...IMal
SUi'fi~~I~' -
t....
BOARD OF COUNTY JMMISSIONERS
~TY "ORlDA
TOM HENNtNG AIRMAN
,
~;;d~~-{)r~
Assistant County Attorney
Page 2 of 2
17A
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2008-64
Which was adopted by the Board of County Commissioners
on the 2nd day of December, 2008, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this lOth
day of December, 2008.
DWIGHT E. BROCK
Clerk of Courts aI1.d"J,::l,i~;r;::~
Ex-officio to Boa.~d"6t": J" _ .
County Commission~rS:\.":',
D.uu- ~~.O:L.
By: Ann Jennejohn,. "'.'
Deputy Clerk