CITY OF) EVERGLADES CITY NOTICE OF MEETING AND AGENDA Everglades City Council Mayor: Howell Grimm,Jr. Mayor Pro Tem: Vicky Wells City Council Members:  Michael McComas, Diana Valdes, Tony Pernas, Parker Oglesby City Attorney: Zach Lombardo"City Clerk: Dottie Joiner  THE CITY OF EVERGLADES CITY WILL HOLD A CITY COUNCIL MEETING ON TUESDAY,NOVEMBER5,2024/ AT7:00PM CONDUCTED! HYBRID WITH AQUORUMOF COUNCIL MEMBERS PRESENT IN COUNCIL CHAMBERS AT CITY HALL EVERGLADESC CITY,FLORIDA ANDOTHERS PRESENT! BYVIDEOCONFERENCE  L.CALLTOORDER  2. INVOCATION AND PLEDGE OF ALLEGIANCE  3. ROLLCALL  4. APPROVAL, ADDITIONS, OR DELETIONS TO. AGENDA  5, REPORTS a. Mayor's Report  b.A Acceptance of Financial Statement September 2024 c. Collier County Sherifl's Department d. Greater Naples Fire District f.Utilities Report/Lloyd Beaty g. Finance Administratorator/Tammie Pernas  e. Building Inspector/P & Z/Code Enforeement/Tery Smallwood  6. PRESENTATIONS 7. PRIMARY BUSINESS LLC Snook Alley Chokoloskee Dr Extension  a. Review of rejection ofsettlement counterofter from Veolia Water North America-South, b.Consideration and approval of amended Utility Infrastructure Transfer Agreement for c. Consideration and approval of amended Utility Infrastructure Transfer Agreement for d. Consideration and approval of DEP. Agreement No. HA003/Change Order No. 2/Time    e. Consideration and approval ofTask Order 3-preliminary design services for an elevated 6,000 square foot community center tol bel located at the current City Park, Collier County Parcel Numbers 83496120003, 83496160005 and 83496200004 from McFarland Johnson  8. APPROVALOFI MINUTES dated 19-3-24,9-17-24, 10-1-24 & 10-7-24  9. PUBLICCOMMENT 10. CITY REPORTS Oglesby b.City Attorney  a. Council Members: Michael McComas, Diana Valdes, Vicky' Wells, Tony Pernas, Parker  a. Service of Court Document Casel Number112019CA02297/1001XXThe City of  Everglades City Vs Hamilton, Joseph A  c. Mayor L.ADJOURNMENT  APPEALNOTICE: ANYI PERSONV WHO DECIDES1 TOA APPEAL Al DECISIONI BY1 THISC COUNCILWILNEEDAI RECORDOFTHE PROCEEDINGS PERTAINING THERETO, AND THEREFORE. MAY) NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, UPON WHICH THE APPEAL IS TO BE BASED. THE CITY OF EVERGLADES SHALL NOT BE RESPONSIBLE FOR PROVIDING THIS RECORD. THIS AGENDA WAS POSTED AT CITY HALL AND EVERGLADES CITY PUBLICCOMMENTI NOTICE: ALLF PERSONS WISHING' TOS SPEAK ONA ANY AGENDAI ITEMI MUSTI REGISTER: PRIOR1 TOTHE MEETING BY EMAILING CITY CLERK DOTTIE. JOINER @ NbASENCATE OR SIGNING UP TO SPEAK IN PERSONI BEFORETHE! MEETINGI BEGINS, ALLI REGISTERED! PUBLIC: SPEAKERS WILLBELIMTEDTO: THREE( (3)MINUTES,  STRONGI FBI PAGE, THIS3 3lst DATEOFO OCTOBER, 20241 BYI DOTTIE, JOINER, CITY CLERK. INSTRUCTIONS ON) HOW TO VIEW ANDI PARTICIPATE INI MEETING Thep public may attende either electronically ori inp person on! November 5, 2024, which! begins at7 7:00 p.m, 1. Watch the meeting online and provide publicc comment live duringt ther meeting: Tor requestt tos speak during the virtual meeting, your musts send ane email tol Dottie. Joiner, City Clerk @ mhNfssaNt priort to5 5p p.m, on November 5, 2024, Zoom instructions: Fort thel November 5,2 20241 meeting, please uset ther meetingl link  ORI IFI IN WRITING 400 WORDS, Requestt tos speak instructions:  Mtpslaumihem,d2IAMCOMEATTANINANGAUNIZOmAminvhslaamnl. 34139 virtuaily attend and watch the meeting by computer, lablet, ors smartphone. Those whol have pre-registered tos speak, will bec calledi upona and the approprinte timel limits wili be enforced. Ifjoining from at tablet ors smartphone, youy will need1 to download the free Zoom appi from youro device's apps store. Ifjoining from a computer, your computer willa automatically download andi install (ifr needed)t thez Zoom program. Ifyou currentlyl have Zoom installedo ony your computer, tablet, ors smartphone, your may. joint the meeting! by enteringt the Persons with disabilities needing assistance tor particlpate ins any oft (hese proceedings should contact the City Clerk'so office  meeting ID: 291 6297131 and Password: 34139, Diali in option: 19292 205 6099 US 239-695-4558 485 hours ina advance oft the meeting. For additional information ora assistance please çontactt the following priort tot the meeting: a, For public comment questions: Dottie) Joiner, City Clerk, smalhyond@rilyofeverglades.any or (239)695-4558 b. Forc questions ond connecting tot ther meeting: Karen Cochran, otiomibsafomahtsans (239)777-6614 2, Provide public comment ins writing: Toj provide public commenti ins writingt tob ber read during the virtual meeting, you must submissions willl ber readi into the record, asl limited to thef first 400 words.  send ane email tol Dottie. Joiner, City Clerk @s dachsfoltseans priort to5 p.m, on! 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Service/ASSIStS-3 Good Intent-6 False Alarms-8 Station 61-8 Medical-3 Vehicle Accidents-1 Public Service/Assists-2 Good Intent-2 Station 63 -29 Vehicle Fire- -1 Hazardous Condition, No Fire-2 Medical- -8 Vehicle Accident- t-6 Good Intent Calls-11 Public! Service/Assists-1  Updates:  Engine 60- - Delayed delivery due to storms, but we have possession of Engine Iti is at Fleet finishing up mounting of equipment. Training will then take place with the vendor shortly after  and then it willl be goingi in service. Boat 60 - 00S, no updates on replacement. New Station 601 kick off meeting held October 31, 2024.  Professionalism - Integrily 2 Compassion Board ofl Fire Commissioners Nick Biondo, Mark Chemey, Brian Cross, Palrick Dearbor, AID    Page 12  a  BD   G  Proféssiondlisin - Integrity - Compasseon Board of Fire Commissioners Nice Biondo, Mark Chemey, Brian Cross, Patrick Dearbort, AID    Page 13  GNF  60   -  Prfessionalism - Integrily - Compassion Board of! Fire Commissioners Nick Biondo, Maré Chemg, Brian Cmoss, Palrick Dearbor, AIDuf    10/14/24, 10:16AM  City of Everglades City! Mail- FW: CONFIDENTIAL: SETTLEMENT COMMUNICATIONS Veolla' Water North America- South, LL...  YEARS WWHGD  -------dm,  10K  TEM Ta.  NUMBER  Zach Lombardo zomparo@wp-egalcm  Thu, Sep 19, 2024 at 10:11 1AM  To: Dottie Joiner dsmalwood@elyoleverglades.oryo, Tammie Pernas accounting@etyoleyerglades.org>  Cc:' mayorgrimmoclyoleverglades.org mayorgrimm@ciyolelyolevergades.org The email chain and the City's initial offer are the back-up material.  recommend putting this on the October City Council meeting for review. Below is proposed agenda text.  Review of Counteroffer from Veolia Water North. America - South, LLC, re Settlement agreement for Case  NO.218cx00785UACM [Quoted text hidden] 3attachments  WRD0000.jpg 1K  image001.png 10K  WWHGD  5yearsesig.a619ae')4-AsVacclciceb3/.ee4.png  10K  WWHGD  Zach Lombardo aomparo@wp-egalcom  Mon, Oct 14, 2024 at 9:55A AM  To:" mayorgrimm@clyoleyerglades.org mayorgrimm@clyolevergades.org, Dottie Joiner dsmalwood@elyoleverglades.org", Tammie Pernas accounting@clyorevergades.org>  FYI; see below.  - Zachary W. Lombardo, Esq.  ttps./mal.gogle.com'malluork-cas8a6a7e9avewepibsearchv-alépemhnd-livead.18092731104483497205amp-mag-18092731104493497.. 6/9    10/14/24, 10:16AM  City of Everglades City! Mail- FW:CONFIDENTIAL SETTLEMENT COMMUNICATIONS Veolia Water North America - South, LL...  From: Lang, IlI, Harold FLangll@wwngo.com, Sent: Monday, October 14, 20249:54AM To: Zach Lombardo comparco@wp-egalcom Everglades City, Case No. 218-cv-00785-UA-CM  Subject: RE: CONPDENTALSETIEMENT COMMUNICATIONS Veolia Water North America - South, LLCV. City of  Zach,   I'spoke with my client, and they appreciate the offer, but no thank you. w  Take care. 544.2947 HL  From: Zach Lombardo ziombardo@wp-legal.com> Sent: Tuesday, October 1, 20247:24PM To: Lang, IlI, Harold HLangil@wwngu.om) Everglades City, Casel No. 218-cv-00785-UA-CM This Message originated outside your organization.  Subject: Re: CONPDENTALSETTEMENT COMMUNICATIONS Veolia Water North America = South, LLCV V. City of  City Council reviewed' Veolia's counter and counters at $120,000.00. Ift this counter is accepted, please let me know.  Thank you,  Zach Lombardo, Esq.  From: Lang, II, Harold HLangll@wwngdcom, Sent: Wednesday, September 18, 20241:01:34PM To: Zach Lombardo ziombardo@wp-legal.com> Cc: Mallqui, Diana. J. Dalqu@wwngacom, Everglades City, Case No. 218-C00785-UA-CM  Subject: Re: CONFIDENTIAL SETTLEMENT COMMUNICATIONS Veolia Water North America  South, LLC V. City of  Ofo course.  D, please calendar. Thanks.  hitpslimal.google.com/malwo7k-eadatartpaerplsand-adr-alipemihe-hmead#180231048349720samp-mspfieo27311049497.. 7/9    10/14/24, 10:16AM  City of Everglades Cily Mail FW: CONFIDENTIAL SETTLEMENT COMMUNICATIONS Veolia' Waterl North America - South, LL...  Gmail  Dottie Smallwood Joiner dsmallwood@eyoleverglades.org"  FW: CONFIDENTIAL SETTLEMENT COMMUNICATIONS Veolia Water North America -  South, LLC V. City of Everglades City, Case No. 2:18-CV-00785-UA-CM To:" mayorgrimm@clyoleyerglades.ory mayorgrmm@clyoteyergades.orgo, Dottie Joiner dsmalwood@elyotevergades.org>, Tammie Pernas accounting@eiyoleverglades.org>  6messages  Zach Lombardo aomparco@wp-egalcm  Wed, Sep 4, 2024: at 9:41AM  FYI  -Zachary' W. Lombardo, Esq.  From: Kaitlin Chylinski kdhyns-.@wP-ega.com Sent: Wednesday, September 4, 20249:38AM To: nlang@wwngd.com No. 218-v-00785-UA-CM  Cc: Zach! Lombardo compacoewpsgaton, Chandler Kansy ckansy@wP-ega.com  Subject: CONPDENTALSETTIEMENT COMMUNICATIONS Veolla Water North America- -South, LLCV. City of Everglades City, Case  THE ATTACHED SETTLEMENT OFFER, INCLUDING ANYENCLOSURES OR ATTACHMENTS, IS SUBMITTED TO You UNDER PRIVILEGE. AND SHALL NOT BE. ADMISSIBLE IN COURT. ANY SETTLEMENTH IS NOT VALID UNTIL  REDUCED TO A WRITTEN SETTLEMENT. AGREEMENTA AND SIGNED BY THE PARTIES.  Mr. Lang,  Attached, please find our settlement offer regarding' Veolia' Water North America - South, LLC V. City of Everglades City,  Case No. 218-c-0785-UA-CM.  Please let us know if you have any questions.  Sincerely, Kaitlin Chylinski, CRPO PCCE Core Registered. Paralegal Paralegal to Zachary W. Lombardo, Esq. Woodward, Pires & Lombardo, P.A. 3200 Tamiami Trail N., Suite 200 Naples, Florida 34103  Office: 239-649-6555 IF Fax: 239-649-7342  pelmapoa-mahmalvonsssrwwATAA.- 1/9    10/14/24, 10:16AM  City ofE Everglades City Mail-F FW: CONFIDENTIAL SETTLEMENT COMMUNICATIONS Veolla' Water NorthAmerica - South, LL...  KChyma@wp-egalcom.wwwp-egalcon  WOODWARD, PIRES ATTORNEYS AT LAW  WPL &1 LOMBARDO, P.A.  EST. 1971  Facebook Linkedin IT Twilier I Instagram  Confidentiality Notice: This transmittal and any attachments may be a confidential attorney-client communication or otherwise privileged or confidential. Ify you are not thei intended recipient, we hereby notify you that you have received this transmittal in error; any review, dissemination, distribution, or copying oft this transmittal is strictly prohibited. Ify you have received this transmittal and attachments in error, please notify us immediately by reply email or telephone (call  239-649-6555) and promptly delete this message and all its attachments from all mailboxes,  FRAUD. ALERT - PLEASE DOI NOT WIRE. ANYI FUNDS TO OUR FIRM UNLESS YOUOR' THE SENDING BANK HAVE VERIFIED THE WIRING INSTRUCTIONS DIRECTLXWITH OUR FIRM' VIATELEPHONE  2024.09.04 Settlement Offer to' Veolia.pdf  232K  Zach Lombardo zomparo@wpmegalcom  Wed, Sep 18, 2024 at 12:53 PM  To:" ppmnGeyope, <mayorgimm@alyoteverglades.orgo, Tammie Pernas XXXPCAA Joiner dsmalwood@clyolevergades.org"  Please see below.  Please let me know when we can discuss by phone.  4 Zachary W. Lombardo, Esq.  From: Lang, III, Harold HLangil@wwngacomy Sent: Wednesday, September 18, 20241 12:51P PM To: Zach Lombardo Zlombardo@wpl-legal.com> Cc: Mallqui, Diana. J. DMalguewwngacom, Everglades City, Case No. 218-r00785-UA-CM  Subject: Re: CONFIDENTIAL SETTLEMENT COMMUNICATIONS Veolia' Water North America-South, LLC V. City of  Zack,  Apparently they didn't need much of an extension. The counter offer is $185,000.00. This is al best and final.  ipslmalgpge-comimall-asasaraaescralspumemns-trwashilo2aNoABr2Bamehgti735104493497. 2/9    10/14/24, 10:16A AM  City of Everglades City! Mail- FW: CONFIDENTIAL SETTLEMENT COMMUNICATIONS Veolia Water! North America- - South, LL...  Please let us by Friday, September 27th.  Talk soon. HL  On Sep 18, 2024, at 8:14A AM, Lang, III, Harold HLangil@wwngacom wrote:  Thanks; talk soon.  HL  From: Zach Lombardo omparo@wp-ega.come Sent: Wednesday, September: 18, 20247:46AM To: Lang, III, Harold FLangil@wwngacom) Cc: Mallqui, Diana. J. DMalqu@wwngucom) v.City of Everglades City, Case No. 218-0v-00785-UA-CM This Message originated outside your organization.  Subject: Re: CONFIDENTIAL SETTLEMENT COMMUNICATIONS Veolia Water North America-South, LLC  Harold,  That should not be a problem. I look forward to hearing from you.  1. Zach Lombardo, Esq.  From: Lang, III, Harold Langil@wwngdcom) Sent: Tuesday, September 17, 2024 8:09:05 PM To: Zach Lombardo companro@wp-egalcom Cc: Mallqui, Diana. J. DMalqu@wwngacom, V. City of Everglades City, Case No. 21B-0r-00785-UA-CM  Subject: FW: CONFIDENTIAL SETTLEMENT COMMUNICATIONS Veolia Water North America - South, LLC  Zack,  pslimalgpogie.om.malonA-asarawpiaamar-aspumiac-MadhiR2NoNsk7pbamp-mgiA1602723M0A4B497.- 3/9    10/14/24, 10:16AM  City of Everglades City Mail- FW; CONFIDENTIAL SETTLEMENT COMMUNICATIONS Veolia Water North America- -South, LL...  Veolia's general counsel recently returned from maternity leave and would like a one (1) week extension to  the attached settlement offer, Please let me know ify your client will agree.  Hope alli is well. HL  <image001.png> Harold Lang, Il, Attorney  Weinberg Wheeler Hudgins Gunn & Dial 3350 Virginia Street I Suite 500 I Miami, FL: 33133 0834B9TEIF.ASRON www.wwhgd.com vCard  From: Kaitlin Chylinski kely/maw@wp-ega.com Sent:' Wednesday, September 4, 20249:38AM To: hlang@wwhgd.com Cc:z Ziombardo@wp-egal.comckansyewp-egal.com Everglades City, Casel No. 218-cv-00785-UA-CM This Message originated outside your organization.  Subject: CONPDENTALSETIEMENT: COMMUNICATIONS Veolia Water North America- South, LLCV. City of  THE ATTACHED SETTLEMENT OFFER, INCLUDING ANY ENCLOSURES OR ATTACHMENTS, IS SUBMITTED TO YOUUNDER. PRIVILEGE. AND SHALL NOT BE ADMISSIBLE IN COURT. ANY SETTLEMENT IS NOT VALID UNTIL REDUCED TOAI WRITTEN SETTLEMENTAGREEMENTAND  SIGNED BY THE PARTIES,  Mr. Lang,  Attached, please find our settlement offer regarding Veolia Water North America - South, LLC V. City of  Everglades City, Case No. 2180v-0785-UA-CM. Please let us know ify youl have any questions.  Sincerely,  pslmaigogecomimalwoni-ashasresaerpisseralpemiemib-huskip22NoNsAv72Bhamy-mgima9042723104B407. 4/9    10/14/24, 10:16AM  City of Everglades City! Mail- FW: CONFIDENTIAL SETTLEMENT COMMUNICATIONS Veolia Water North Amerlca- - South, LL..  Kaitlin Chylinski, CRPO PCCE Core Registered Paralegal Paralegal to. Zachary W. Lombardo, Esq. Woodward, Pires & Lombardo, P.A. 3200 Tamiami Trail N., Suite 200 Naples, Florida 34103  Office: 239-649-6555 |Fax: 239-649-7342 KChylinski@wp-egal.com/www.www.wp-egal.com  LText Description automatically generated with medium confidence  Facebook Linkedin I Twiller I Inslagram  Confidentiality Notice: This transmittal and any attachments may be a confidential attorney-client communication or otherwise privileged or confidential. Ify you are not the intended recipient, we hereby notify you that you have received this transmittal in error; any review, dissemination, distribution, or copying of this transmittal is strictly prohibited. Ify you have received this transmittal and attachments in error, please notify us immediately by reply email or telephone (call 239-649-6555) and promptly delete  this message and all its attachments from all mailboxes,  FRAUD. ALERT- PLEASE DO NOT WIRE ANYI FUNDS' TO OURI FIRM UNLESS YOU OR'T THE SENDING BANK HAVE VERIFIED THE WIRING INSTRUCTIONS DIRECTLY WITH OUR FIRM VIA  TELEPHONE  The information contained in this message may contain privileged client confidential information. Ify you have  received this message in error, please delete it and any copies immediately.  3attachments  -WRD0000.jpg 1K  Image001.png 10K  WWHGD  ipaslmailgogle.comimaiwoniashareauaewpiardralpamanNs-awskig22NoNBA72Dane-mpai418027310A4849T- 5/9    10/14/24, 10:16A AM HL  City of Everglades Clty Mall- FW: CONFIDENTIAL: SETTLEMENT COMMUNICATIONS Veolia Water! North America - South, LL...  On Sep 18, 2024, at 12:54 PM, Zach Lombardo comparo@wp-ga.cnm wrote:  This Message originated outside your organization.  Ihave relayed this to the City.  Please be aware that the earliest City Council meeting where this could be approved is October 1. Keeping that in mind, can the City have until the 2nd of October to review and respond?  [Quotedt text hidden) 2attachments  WRD0000.jpg 1K  5yearsesig.ab19aet)4-4sVaacclciceba/ees.png  10K  WWHGD  Zach Lombardo ombarco@wp-egalcom: To: Dottie Joiner dsmalwood@clyolevergades.org  Mon, Oct 14, 2024 at 9:57 AM  suggest adding this to the agenda as Review of rejection of settlement counteroffer from Veolia Water  North America - South, LLC [Quoted textl hidden) 2attachments  -WRD0000.jpg 1K  tpslimalgogecammawwoneastsrsweamsdraipemaNs-awashlo2aNoNBTAbamp-mpi1t0273510448495. 8/9    10/14/24, 10:16AM  City ofE Everglades City Mail FW: CONFIDENTIAL SETTLEMENT COMMUNICATIONS Veolia Water! North America - South, LL..  5yearsesig.a619ae".s4/4460ac-elicet373ee4.png  YEARS WWHGD  10K  Dottie Smallwood Joiner dsmalwood@clyoteverglades.org> To: Zach Lombardo comparcoep-egalcom  Mon, Oct 14, 2024 at 10:16A AM  ok (Quoted text hidden] Dottie Joiner, MMC City Clerk City of Everglades City 102 Copeland. Ave POI Box 110 Everglades City, FL34139 239-695-4558 (office) 239-695-2350 (fax). 239-229-8091 (mobile)  Under Floridal law, e-mall addresses arep public records. lfyou do not want) youre e-mail address released Ini response toa public records request, dor not send  electronic mail tot this entity. Instead, contact this office by phone ork In wriling.  tps/maligoogle.comimaiwori-asbatarBsweurplsenchwalspemiha-thendf180231048349720samp-maptieu7.. 9/9    WPL  WOODWARD, PIRES & LOMBARDO, P.A.  ATTORNEYS AT LAW  EST.1971 MARKJ J. WOODWARD Board Certified: RealEstalel Law Byemail andi inf Condominium &I Planned Development Law ANTHONYI P. PIRES, JR.  September 4,2024  Harold Lang, Esq.  Board Cerlified: City, Connty, Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC  andi Local Government Law 3350 Virginia Street, Suite 500 J.CHRISTOPHERI LOMBARDO Coconut Grove, FL33133-5341  hlang@wwhgd.com  ANTHONY j. DIMORA Licensedin! FLando OH IENORET.BRAKEPIELD CRAIGR.WOODWARD  Re: CONFIDENTIAL: SETTLEMENT COMMUNICATIONS  Veolia Water North America - South, LLC V. City of] Everglades City,  Case No. 2:18-cv-01785-UA-CM  Senior Counsel Dear Mr. Lang:  THE FOLLOWING SETTLEMENT OFFER, INCLUDING ANY ENCLOSURES OR ATTACHMENTS, IS SUBMITTED TO YOU UNDER  KENNETHY V. MUNDY PRIVILEGE AND SHALL NOT BE ADMISSIBLE IN COURT. AS ZACHARY' W.1 LOMBARDO COUNSELIDONOTHAVE: THE. AUTHORITYTYTOMAKEADMISSIONS Board andl Local Certified: Government) Cily, Counly, Jaw ON BEHALF OF OR BIND MY CLIENT. ANY SETTLEMENT IS NOT  VALID UNTIL REDUCED TO A WRITTEN SETTLEMENT As you are: aware, our law firm represented the City ofEverglades City (the "City"), Veolia and the City executed: a settlement agreement (the "Settlement Agreement")  CAMERON G. WOODWARD AGREEMENT AND SIGNED BY THE PARTIES.  ROSSE. SCHULMAN Licensedi in FlandNY  F.SCOTTI PAUZAR, II in the above-referenced litigation. Please advise ify your firm continues to represent DOMINICORPALMA Veolia Water North America - South, LLC ("Veolia"). On November 26, 2019, CHANDLERA A.KANSY through which the City would pay Veolia a total of $507,300.00 (the "Principal") MARYC.BROCKMAN over eight years at a 3% interest per year, in monthly installments, as repayment  under aj prior Agreement for Operations and Maintenance Services.  REPLYTO: The City has paid Veolia a total of $345,123.89, which includes $291,849.27 SUITE200 remaining balance of the Principal is $215,450.73, payable over the remainder of NAPLES, FL34103 the eight-year term. Since thel beginning ofthet term, the has made all  towards the Principal and $53,274.62 in interest  As of the today, payments  M 3ZV0TAMIAMITRAILN.  payments. City  239-649-6555 6061 BALDI EAGLEDRIVE 239-394-5161 239-542-6402FAX Agreement: WWW.WPI-LBGAL.COM  239-649-7342FAX inat timely manner.  SUITE500 Accordingly, to bring the settlement term to a conclusion, the City offers Veolia  MARCO ISLAND, FL34145 the following settlement offeri in full resolution oft the above-referenced Settiement    1. The City shall pay Veolia a lump sum payment of $100,000.00, within thirty (30) days ofacceptance ofthis settlement offer, as full satisfaction ofthei remaining debt 2. Veolia shall release the City from its remaining debt and obligations under the Unless otherwise revoked by the City, this settlement offer is open for acceptance, in writing, until September 18, 2024, at 5:00: P.M. Please contact the undersigned with any  under the Settlement Agreement.  above-referenced Settlement Agreement.  questions you may have regarding this offer.  Sincerely,  Bbylgbk Zachary W. Lombardo, Esq.    10/23/24, 3:501 PM  Clty of Everglades City Mail FW: Chokoloskee Drive ROW- Emergency Repair  Gmail  Dottie Smallwood Joiner dsmalwood@elyoleverglads.org"  FW: Chokoloskee Drive ROW-E Emergency Repair Zach Lombardo omparco@wp-egaicom To: Dottie. Joiner <dsmalwood@elyoteverglades.org"  Wed, Od23,2024at226PM:   Please include this email and the attached in the agenda packet for the amended agreement.  Itis my advice that al blanket - Zachary' W. Lombardo, Esq.  be permit applied  for.  scmny  From: Alicia Humphries Aicia-umphnes@collercounyl.gow> Sent: Wednesday, October: 23,20242:23PM To: Zach Lombardo omhanin@rplsgai.com Subject: RE: Chokoloskee Drivel ROW. -Emergency Repair  Good afternoon,  Please see the attached Resolution 2016-136 Collier County ROWI Handbook.  Please refer to Page 7 (written on the document), sheet 14 of the PDF, number 10 regarding Emergency repair.  Additionally, the owner oft the utilily may wisht to consider applying for an annual Blanket Permit (there is no charge). This would permit  activities listedi in page 3, sheet 10.  Please let mel knowi ift there are any additional questions, Thank you.  Alicia Humphries Site Plans Reviewer III Development Review Ofice:239-252-2326 2800 N. Horseshoe Drive Naples, FL34104 Alica.Humphnes@collercounvyl.goy  Collier County  311  From: Zach Lombardo ombenoéwpegalcom Sent: Wednesday, October: 23,2024 9:56AM sdlyms-@wp.egalcom  To: Michelle Sweet Michele.Sweei@collercountyl.gov2; Robert Bosch Robert.Bosch@collercountyl.gov>, Kaitlin Chylinski Cc: Alicial Humphries Alda.umphiesecolercounyl.gow, Richard DuBois <RichardDuBois@rdal.com>;Dotio. Joiner dsmalwoo@alyploveradesatyeny Smallwood <ismalwood@elyoleverglades.org", Derek Perry Derek.Peny@collercounyl.gov>; htps/mal.google.comimailori-asbareawew-phsanchwalspemmagermsgtB190230R218Besamp-map-el92188676 1/7    First Amended Utility Infrastructure Transfer  The City of Everglades City, Florida JOHN and GEORGIA EHRLUND  And  F  This First Amended Utility Infrastructure Transfer Agreement (the Agreement") is made and entered into by and among (1) the City of Everglades City, Florida, a Florida municipality (the "City"), and (2) John and Georgia Ehrlund, as husband and wife, property owners on Chokoloskee Island, Florida, in unincorporated. Collier County, Florida (the "Property Owners") as of the date of the last signature. The City and the Property Owners  are collectively referred to herein as the "Parties". (the Wastewater Treatment System");  Whereas, the City operates a Wastewater treatment facility and collection system Whereas, The Property Owners own certain real property located in Collier County, Florida, at 290 WORLEY ST, Chokoloskee, Florida (Collier County parcel number  26081960004), legally described as:  A PARCEL OF LAND LYING IN THE SOUTHWEST CORNER OF THAT PART OF LOT 6 SOUTH AND WEST OF SMALLWOOD CEMETERY IN SECTION 36, TOWNSHIP 53 SOUTH, RANGE 29 EAST, CHOKOLOSKEE, COLLIER COUNTY, FLORIDA, MORE  PARTICULARLY DESCRIBED AS FOLLOWS:  COMMENCING AT THE EAST QUARTER CORNER OF SECTION 36, TOWNSHIP 53 SOUTH, RANGE 29 EAST, CHOKOLOSKEE, COLLIER COUNTY, FLORIDA, NORTH 00'12'12" EAST, ON THE RANGE LINE AND CENTER OF ROAD 290FOR 578.20 FEET TOASPIKE, THE NORTHEAST CORNER OF LOT 70F SMALLWOOD'S SUBDIVISION OF SECTION 36, TOWNSHIP 53 SOUTH, RANGE 29 EAST AS FILED AND RECORDED IN PLAT BOOK 1, PAGE 27, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTH 84'58'06" WEST, ON THE CENTER OF A PUBLIC REROAD FOR 168.97 FEET TO A SPIKE; THENCE NORTH 76'02'36" WEST, FOR 408.94 FEET TO A SPIKE; THENCE NORTH 23'49'55" EAST, FOR 25.38 FEET TO THE POINT OF BEGINNING; CONTINUE NORTH 23'49'55" EAST, FOR 81.52 FEET; THENCE SOUTH 77'59'34" EAST, FOR 100 FEET; THENCE SOUTH 23'49'55" WEST, FOR 84.93 FEET; THENCE NORTH 76'02'36" WEST TO THE POINT OF BEGINNING, together with the building, improvements, and related and tangible personal property located thereon and all rights, easements, and appurtenances thereto (the "Subject  Property");  1of6    Whereas, Property Owners plan to construct a segment of a two-inch underground wastewater force main in unincorporated Collier County, Florida, between Mamie Street and the Subject Property through the Chokoloskee Drive right of way (the 'Infrastructure); Whereas, Property Owners desire to transfer Property Owners' said Infrastructure to the City, and the City desires to own, operate, and maintain the Property Owners' Infrastructure as a component of the City's Wastewater Treatment System;  Whereas, on July 2, 2024, that certain Utility Infrastructure Transfer Agreement between the Parties was executed, and the Parties now desire to amend and restate same  as stated herein.  Now Therefore, in consideration of the promises and mutual covenants set forth in this Agreement, the Parties agree to amend and restate the Utility Infrastructure Transfer  Agreement dated July 2, 2024, between the Parties as follows:  1. Local, State, and Federal Permits  The Property Owners shall, at their sole expense, apply for and obtain all local, state, and federal permits required by local, state, and federal law, including but not limited to building and environmental permits, to construct the Infrastructure pursuant to the City's Utility Standards Handbook, and then connect the Infrastructure to the City's wastewater treatment system pursuant to the City's Utility Standards Handbook. If this permitting is done before the currently under construction wastewater treatment plant, then all permits  shall be dry-line permits.  2. Location of Infrastructure  The Property Owners shall locate the Infrastructure in an area approved by the City, as  determined in the sole discretion of the City.  3. Connection of Infrastructure after Permitting  The Property Owners, after obtaining all required permits as stated in section 1, shall, at their sole cost and expense, connect to the Wastewater Treatment System pursuant to the  reasonable approval of the City's Utility Director.  4. Testing  The Property Owners shall, after connecting the Infrastructure, provide a satisfactory  pressure test at the Property Owners sole expense.  5. Easement  2of6    Before the Utility Transfer (as defined herein) the Property Owners, upon transfer of the Infrastructure, shall provide utility easements to the City, in a form acceptable to the City (with legal description and survey added for each easement), over the following property: Collier County parcel number 26081960004 (the "Utility Easements"). The utility easements must specifically include the area where the Infrastructure is located with sufficient additional space to maintain same as determined in the sole discretion of the City. A title opinion shall be provided for each easement and to the extent any properties are encumbered, a subordination, consent, and joinder shall be provided in favor of the  Utility Easements.  6. Transfer of Infrastructure after Permitting, Connection, Testing, and 6.1. The Property Owners, after all required permits pursuant to section 1 have been obtained, after connection to the City's Wastewater System is completed, pursuant tos section 3, after providing a satisfactory pressure test result pursuant to section 4, and after providing to the City easements pursuant to section 5, shall grant, release, quitclaim, and transfer to the City title and ownership of the Property Owners' Infrastructure, which shall be located and situated entirely within the Utility Easements and the Chokoloskee Drive Right of Way by way of a bill of sale (the "Utility Transfer"). To the extent any dry-line permits are issued, the transfer of Infrastructure shall not take  Easements  place until the full permits are obtained by the Property Owners.  6.2. The City shall operate; and maintain the Infrastructure or a functional equivalent thereto as a component of the City's Wastewater Treatment System at no  less than its existing functional capacity.  7. Monetary Consideration  The City agrees to pay to each of the Property Owners a lump sum payment of $10.00, as full and valid consideration, by the execution of this Agreement the Property Owners  transfer of the Infrastructure to the City.  Such payment to be made within thirty (30) days after the Utility Transfer and receipt by the City of a bill of sale executed by the Property Owners for the Infrastructure, The amount constitutes full and complete payment for any and all of the interests transferred  under this Agreement.  8. Individual Connections  3of6    After the Utility Transfer, each Property Owner and any other person desiring and able to connect to the Infrastructure, shall comply with the City's ordinances regarding connection  and connection fees.  9. Authority to Bind Party  The Parties represent and warrant they are, authorized to enter into this Agreement and that they have the authority to perform the terms of this Agreement. Property Owners represent and that they have not sold, assigned, transferred, conveyed, or otherwise  disposed of all or any portion of the Infrastructure.  10. No Further Obligations  The obligations of the City and Property Owners are limited to those expressly set forth herein. This Agreement shall be construed to give rise to any further obligations on the  part of the Property Owners or City, express or implied.  11. No General Obligation  The obligations of the City set forth herein shall not be construed to be or constitute  general obligations, debts or liabilities of the City.  12. Remedies  Each party hereto shall have such remedies as are available pursuant to applicable law  for any breach or non-pertormance of the other party.  13.Governing Law  This Agreement shall be governed and construed in accordance with the laws of the State of Florida. Venue for any dispute shall be located in a civil court of competent  jurisdiction of Collier County, Florida.  14. Severability Partial Invalidity  The provisions of this Agreement are declared by the Parties to be severable, except for sections 1,2,3, 4, and 5. If any part of this Agreement, other than sections 1,2,3,4, and 5 shall be determined to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect, provided that the part of this Agreement thus invalidated or declared unenforceable is  not material to the intended operation of this Agreement.  15. Complete Integration  This Agreement incorporates and include: all prior negotiations, correspondence, conversations, agreements, understandings applicable to the matters contained herein and  4of6    the Parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It Is further agreed that no modification, amendment, or alteration in the terns or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of  equal dignity herewith.  16. Disclaimer of Third-Party Beneficiaries; Joint Venture or Partnership This Agreement is solely for the benefit of the Parties hereto and no right or cause for action shall accrue to, or for the benefit of, any third party not a party hereto. This Agreement shall not be construed to create a joint venture or partnership between the  Parties hereto.  17. Ambiguities  The Parties have been allowed equal input regarding the terms and wording of this Agreement and had the benefit of consultation with legal counsel prior to its execution such that all language herein shall be construed equally against the Parties,  and no language shall be construed strictly against its drafter.  18. Headings  The headings or captions of sections or paragraphs used in this Agreement are for convenience of reference only and are not intended to define or limit their contents, nor are they to affect the construction of or to be taken into consideration in interpreting  this Agreement.  Signatures on following page.  5of6    IN WITNESS WHEREOF, the Parties have hereunto set their hands and seal effective of  the last date set forth below.  Property Owners  John Ehrlund Date:  Georgia Ehrlund Date: City  Everglades City, Florida, a Florida municipality  By:  The Honorable Howie Grimm, Mayor  Date:  6of6    CONSTRUCTION STANDARDS HANDBOOK WORK' WITHIN THE PUBLIC RIGHT-OF-WAY COLLIER COUNTY, FLORIDA TABLE OF CONTENTS  FOR  PAGE II lii iv vi 1 2 3 3 4 5 5 5 6 8 9 10 10 11 12 13 14 17 18 19 20 20 21 2 4 7  SECTION  PURPOSE SURVEY MONUMENTS TERMS AND DEFINITIONS RELATED DOCUMENTS PERMIT REQUIREMENTS A. Application B. Processing C. Inspections D. Blanket Permit  I.  E. Exemptions from Permit Requirements F. Remedies for Violation oft this Ordinance G, Permit and Inspection Fees H. Performance Bond Requirements II. CONSTRUCTION REQUIREMENTS A. Requirements for all Permits B. Roadway Crossings C. Attachments to Structures D. Safety Requirements E. Restoration Requlrements F. Permissible Work Hours A. Separate Turn Lane Requirements B. Geometric Restrictions C. Minlmum Design Standards D. Access and Site Plan Information Required E. Drainage Culvert Installation F. Exceptions IV. MISCELLANEOUS CONSTRUCTION A. Sidewalk/Bikepath Construction B. Delineation Devices C. Underground Utility Accommodations  III. TURN LANES, DRIVEWAYS, ACCESS ROADS, DESIGN REQUIREMENTS  V. APPENDICES  A. GENERAL CONDITIONS OF RIGHT OF WAY PERMITS B. STANDARD FOR DESIGN AND AS-BUILTELECTRONIC DRAWINGS C. DRAWING REFERENCE FOR MINIMUM REQUIREMENTS    PURPOSE  This Construction Standards Handbook for Work within the Public Right-of-Way (the' Handbook") regulates the location, manner, installation, and adjustment of all work performed within the right-of-way of the Collier County roadway network. Thei issuance of permits fors such worki isi in thei interest of capacity, safety, protection of existing facilitles, ease of maintenance, and future development of the roadway network. This Handbook provides standards, procedures, and guidelines for construction and maintenance within the public right-of-way that are Included in this Handbook are drawings andi illustrations that represent Collier County minimum construction and installation requirements permitted within the public right-of-way, and which include reference tot the most current applicable Florida Department of Transportation (FDOT) Road Design and Construction Standards. The Collier County Land Development Code generally does not apply to County transportation road projects within the road right-of-way, including related amenities, required as components of public roadways, with the The Growth Management Division - Construction and Maintenance shali obtain all necessary permits the construction and installation of Collier Area Transit Bus Shelters located within the road right-of-way. Int this regard, the Growth Management Division- - Construction and Maintenance will coordinate and work with Growth Management Division staff as required fora all permits related tot thel location and construction of suchl bus shelters. The Road Installation Noise Walls of Road Noise Walis is not referenced or otherwise defined in the Land Development Code. The county policy to be foliowed by the Growth Management Division = Construction and Maintenance as to the construction of Noise Walls is as follows: (1)ifr required as part of a Transportation road project, a Noise Wall located within the county road right-of-way is not subject to the Land Development Code, (2) if a Noise Wall is not located in the county right-of-way and is not a required component of a county road project but rather is desired by private citizens for placement outside of the road right-of-way, then the persons seeking the  int the best interests of andi for the protection of the public.  exception of the following three (3) situations requiring distinct treatment:  Collier Area Transit Bus Shelters  related to  obtain  for the installation  construction of such ay wall shall! be directed to got through GMD: and of a decorative, wall as defined in the Land Development Code.  the permits requiredi  Alls Signs signs installed by the Growth Management Division = Construction and Maintenance within the county road right-of-way required by the United States Department of Transportation's Federal Highway Administration as set forth in the Manual on Uniform Traffic Control Devices (MUTCD) are not subject to the requirements of the Land Development Code. All non-MUTCD signs such as commercial signs, signs identifying neighborhoods, and similar non-roadway signs if permittable by the Growth Management Division - Construction and Maintenance are subject to the Land Development Code and shall meet all such requirements.  ii    SURVEY MONUMENTS  A. GENERAL: To assist in the elimination of possible future boundary disputes and to simplify location of monuments andi future construction improvements within the public right-of-way of Collier County, al land surveyor, registered in the State of Florida, should be consulted before actual construction of improvements. Only a land surveyor registered inaccordance with Florida Statutes, Chapter 472, may B. PRESERVATION: Any official monument set for the purpose. of locating or preserving the permanent lines of any public street, public easement, or recorded subdivision boundary within any Collier County publicr right-of-way or public easement: shall not ber removed or disturbed without first obtaining permission inwriting from the Growth Management Division Administrator. Permission shall be granted only upon the condition that the person making application shall pay all expenses incidental to the proper replacement or relocation of such monument by a land surveyor registered in the State of Florida. The authority fort the determination of permanent monuments, as outlined above, shall be the County Plat Books or the instrument and accompanying record drawing conveying ownership of the right-of-way or These requirements shall in no way diminish the protection of permanent monuments within the public right-of-way or within easements, which monuments are protected by State or Federal Law.  reference monuments for replacement if destroyed or disturbed.  easement to the public, if properly recorded.  ii    TERMS AND DEFINITIONS  Abbreviations, Definitions, and Terms of Articles shall be in accordance with 1.08.02, DEFINITIONS, in the Collier County Land Development Code (CCLDC), as itr may be amended from time to time. In addition to the Abbreviations, Definitions, and' Terms of Articles noted above, thet following specific definitions shall apply to the  provisions oft this Ordinance: 1. ABBREVIATIONS:  a. LDC b. FDOT SFWMD d. ANSI e. ROW MUTCD g. ADA h. OSHA DEFINITIONS:  Collier County Land Development Code Florida Department of Transportation South Florida' Water Management District American National Standards Institute Manual on Uniform Traffic Control Devices Americans with Disabilities Act of 1990 Occupational Safety and Health Administration  Right-of-way  2.  DENSITYTEST is al laboratory or field procedure, or combination thereof, to measure the degree of compaction of the roadway subgrade, subbase, base, or surface courses. All DENSITY TESTS shall be performed in CIRCULAR DRIVEWAY: A single-family residential driveway with two points of access to a public street connected by a non-intersected arc or arcs and tangents along its outer edges, with no parking internally off the DRIVEWAY: A roadway with a defined structure that permits vehicular access between private land use(s) and public streets and alleys. The definition of "Driveway" is not intended to encompass any form of sidewalk. FACILITY: means any hole, excavation, obstruction, construction, disturbance, or compaction in any street, roadway, or intersection, or other structure under the control or authority of Collier County. GRADE SEPARATION: means a crossing of two roadways, or a roadway and any other transportation-related  accordance with current FDOT Standards.  driveway.  facility, at different elevations or levels.  INVERT ELEVATION: means the flow line elevation of a drainage facility. MEDIAN: means the area between travel lanes of a divided highway.  INTERSECTION: means the general areay where two or more streets, highways, or related facilities cross or join. MONUMENT: means an official, permanent artificial boundary marker within a public right-of-way or public easement used for the purpose of locating or fixing survey reference points on the ground or relative to one another. A MONUMENT may consist of a pre-cast or cast-In-place marker, an iron pipe, an iron pin, a boat spike, a railroad spike, a nail and disk assembly, a pre-formed plastic survey cap, or any combination thereof, NEW CONSTRUCTION: means any construction work within a public right-of-way or easement where none PERMITTEE: means the person or entity to which the permit is issued, including any and all helrs, successors, assignees, or transferees of the right or property interests of the original permittee. The permittee must have a  including similar markers. previously existed.  iv    real property interest in the property upon which the work is being performed or must be the owner of the utility faclity that is the subject of the permit. Al PERMITTEE may be the authorized agent of the owner; however, a RADIUS RETURN: means the portion of a circular arc defined by the point at which the arc is tangent to the curve and following along the arc to the point at which another tangent line intersects the arc. A RADIUS RETURN is commonly seen at the intersection of two streets, or at the intersection of a driveway and a street. RECOVERY AREAIZONE: is an area of horizontal clearance that extends from the edge of the travel lane RIGHT-OF-WAY is land dedicated, deeded, used, or to be usedi for a street, alley, walkway, boulevard, drainage facility, access fori ingress and egress, or other purpose by the public, certain designated individuals, or governing  notarized letter confirming the agency relationship must accompany the permit application.  outward that is available for corrective action by stray vehicles.  bodies.  ROADWAY: is the portion oft the right-of-way that includes the paved road and its shoulders. ROADSIDE: is the portion of the right-of-way that includes the paved road and its shoulder.  STREETSCAPE: means the appearance or view of a street to include all items within the public road right-of- TRAVELED WAY: means that portion of the roadway right-of-way intended for the movement of vehicles, TURNOUT: means at flared driveway entrance at its junction with the roadway pavement edge.  way and adjacent properties. exclusive of the shoulder area.  VEHICLE RECOVERY AREA: means that area outside oft the traveled way, but within the roadway right-of-way, which can, in an emergency, be used for travel with moderate safety by a vehicle. Such travel is intended to be  of short distances andi for emergency purposes only.  ARTERIAL: is as defined in the Collier County Land Development Code 1.08.02, "Definitions". COLLECTOR: is as defined in the Collier County Land Development Code 1.08.02, Definitions".    RELATED DOCUMENTS  (All related documents refer tot the latest adopted editions)  a. Collier County Land Development Code  b. Collier County Roadway Elements Task Force Typical Roadway Sections" FDOT "Roadway and' Traffic Design Standards" Indexes d. U.S. Department of Transportation Federal Highway Administration "Manual On Uniform Traffic Control Devices" (MUTCD), Part' VI e. Florida Water Management Districts WaterWise Florida Landscape" Publication South Floridal Water Management District Water Use Restrictions g. FDOT "Florida Highway Landscape Guide" h. Florida Irrigation Society" "Standards and Specifications for Turf and Landscape Irrigation Systems" third edition, 1996 Florida Department of Agriculture and Consumer Services "Grades and Standards for Nursery Plants" Florida Power & Light' "Right Tree Right Place" Publication "Americans with Disabilities Act of 1990" m. FDOT "Utilities Accommodation Manual" n. FDOT "Plans Preparation Manual", Volumel&!I  FDOT Manual of Uniform Minimum Standards for Design, Construction, and  Maintenance  0. ANSI A300 "Standard Practices for Trees, Shrubs, and Other' Woody Plant p. FDOT "Standards Specifications for Road & Bridge Construction" Collier County Landscape and Irrigation Specifications for Beautification  Maintenance" q. Florida Building Code  Improvements within the Public Right-of-Way  vi    LPERMIT REQUIREMENTS  Permits are required for all work performed in any public right-of-way or easement provided for public use in the unincorporated area of Collier County and in those public right-of-way or easements maintained by Collier When permitted facilities are placed within a public right-of-way or easement, the installation is for permissive use only and placing of facilities shall not operate to create or vest any property right in the associated right-of- way or easement. Furthermore, the Permittee shall be responsible for maintenance of such facilities until they Whenever necessary for the construction, repair, maintenance, improvement, alteration. or relocation of said right-of-way or easement as determined by Collier County, any or all poles, wires, culvert pipes, cables, sod, landscaping, driveways, sprinklers, or other facilities and appurtenances authorized shall be removed from said right-of-way or easement, or reset or relocated thereon as required and sO notified by the County, and at the Where the Permittee, or his successor or assigns, is notified of a need for construction, repair, maintenance, improvement, alteration of, or relocation within the right-of-way or easement and no action is taken by the responsible party within the time frame specified by the County, Collier County shall cause the permitted work to be altered, relocated, or removed, with the total expense being borne by the Permittee or the responsible The permit will expire 180 days after the issuance of the permit unless authorized in the specific instance for a A permit must be obtained from the County before the commencement of any construction within a public right- of-way or easement, except as noted in this Handbook. All correspondence regarding construction procedures will be handied directly with the Permittee or his authorized agent, andi nott through a contractorc ors sub-contractor.  County, but which lie within municipal boundaries.  are removed unless otherwise specified in the particular instance.  expense oft the Permittee, his successor, or assignees.  party.  longer or shorter period.  0    A. Application requirements are as follows:  1. The applicant shall submit one complete right-of-way permit application to the County for its 2. Two copies of a drawing (or more if deemed necessary by Collier County) shall accompany the application, reflecting a plan view of the proposed construction. The plan shall show the off-set from the centerline of the right-of-way or easement to the proposed construction installation, the roadway right-of-way, pavement width and location, and distance from edge of pavement to the proposed facilities. The plan must also show all existing above and below ground improvements within 100 feet oft the proposed construction. The drawing must also show information, such as materials to be used, pipe or conduit size, and other pertinent details. Ifa pipe is tol bej jacked and bored or directional bored, it shall be stated as such on the print and indicated as to the length, size, and depth. The use of pneumatic underground plercing tool will not be approved. One or more typical cross-sections as required adequately reflecting the location of all existing facilities and facilities of other right-of-way users shall be shown. Underground facilities need not be shown for overhead installations on new poles. Overhead facilities need not be shown where underground work is proposed unless the use of cranes or boring rig is proposed. Additional information such as the location of the nearest road intersection, median opening, bridges in the vicinity, railroad crossing, ifany, and other physical features shall be indicated on the print, as 3. The applicant shall be responsible for the notification of all utilities in the immediate vicinity of the proposed installation. It is the applicant's responsibility to coordinate the work with any utlity 4. Thei following additional information shall, upon request, be supplied to the County ift the proposed  approval, with all the required information on the permit filled in.  necessary to locate the proposed installation. relocation that may be necessary.  work involves the alteration of a public drainage facility.  a. Calculated capacity if existing and/or proposed pipe, swale, or ditch. b. Existing or proposed pipe diameter, length, and type.  G. Plan and cross-section of existing and/or proposed pipe, swale, or ditch including invert  elevations.  d. Proposed fill material and source. f. Joint connections, if applicable. irrigation facility in County right-of-way.  e. Catch basin or clean-out arrangements, if applicable.  5. Prior to the issuance of a permit within the right-of-way, the following additional information shall be supplied to the County if the proposed work involves the alteration of a public landscape and a. Existing inventory of landscape, irrigation (above and below ground), sleeving ofi irrigation piping required under driveways, sidewalks and turnlanes, and site material toi include but not limited to the plant type, size, quantity, square footage of sod, median backfill (soil),  pavers, and mulch.  b. Proposed relocation of existing material, reimbursement for disposed materials to include plant material, irrigation (above and below ground), replacement of sleeving of irrigation  1    piping required under driveways, sidewalks, and turnlanes, sod, median backfill (soil),  pavers, and mulch.  C. Proposed landscape and irrigation plans following current FDOT standards. d. All plans to be prepared by a Florida registered landscape architect.  6, The applicant will be! held responsible for compliance with all' "General Conditions of Right-of-way Permits" in Appendix A: and/or additional specific stipulations added to the approved permit. Issuance of a right-of-way permit for work within public easements shall not relieve the permittee from obtaining written permission from any underlying fee-simple owner, or other beneficiary of 8. When conflicting conditions, stipulations, or requirements of permits issued by other agencies (or within a Collier County right-of-way permit) exist, the more restrictive conditions, stipulations, or requirements shall be adhered to (as applicable or required by Federal, State, orl Local law). 9. All right-of-way permits shall comply with requirements set forth in an overlying PUD or any  7.  co-located easements and/or right-of-way.  conditions set forth in any preceding or concurrent Development Order,  B. The application will be processed as follows:  1. The Permittee shall submit the application to the Transportation Right-of-Way Permitting and Inspection Section for review and approval. If the Permittee is not able to begin construction of the work within thirty days of the date on which a permit would be issued, then al Notice of Intent to Issue a Permit will be provided to the Permittee in lieu of the Permit. At such time as the Permittee is within thirly days oft the beginning of the permitted construction, she/he must request that the Permit Section issue the actual Permit to begin construction. At that time, the Permit Section will once again review the permit application to assure that there have been no changed conditions and issue the permit. If there are changed conditions, the Permit will be modified to Permits approved will be distributed as follows: One copy retained in the Permit Review Section's 3. Ift the Permit is denied, the applicant will be notified as to the reason(s) for denial and shall be entitled to submit a new or modified application in accordance with this Handbook.  reflect those changed conditions.  2.  filet tol be used as needed and the original copy to the applicant.  2    C. Inspections are for the purpose of correcting errors seen at the time of inspection and do not constitute acceptance for maintenance by the County, nor do they release the Permittee from liability if a failure  occurs in the future. Collier County requires inspections for the following items:  1. Open-cutting of roadways.  2. Drainage culvert installations and any final swale grading.  3.  Jack-and-Dore construction, after opening oft the jacking and receiving pits and before closure of  the pits.  4. All work to be performed by means of directional boring.  5. Any other work which may disturb private property or which may require restoration of the right- 6. Any work which may disturb County owned or maintained landscape andi irrigation within ther right- 7. Ac county authorized inspector may, at the discretion oft the Right-of-Way Section Manager or designee, impose immediate cessation of work in the right-of-way and may impose immediate corrective measures ift the health, safety, or welfare oft the public is determined to be at risk. The ordering of cessation of work on the basis of health, safety, or welfare shall not be cause for  of-way by the Permittee. of-way.  damages against the County or its representatives."  D. An annual "Blanket Permit" will be issued and the permit fee waived for all publicly regulated and/or  franchised utility companies under any of the following conditions:  1. Where overhead lines cross the public right-of-way and there is no physical construction in the 2. For any construction in utility easements, unless the easement is a combination utlity/drainage  right-of-way. easement.  3. For pole replacement, except in combination utilityldrainage easements.  4. Whenu underground secondary and/or service cables aret tol bei installed less than 3001 feet in! length 5. Routine maintenance of permitted facilities. The Director of Road Maintenance or his designee will determine If the proposed. activity is routine or not (ifiti is determined the activity Is noti routine, a ROW permit will be required). A schedule and al Blanket Permit shall be provided to the County  and on road crossings where conduits or casings exist under the street.  where routine maintenance will occur.  3    E. Exemptions from Permit Requirements:  1. Minor repairs of a pedestal or pole, provided the pedestal or pole occupies the right-of-way or easement, by virtue of an approved permit, and provided that no damage is caused tot the right- Routine maintenance of permitted facilities. The ROW Section Manager or designee will determine if the proposed activity is routine or not (ifiti is determined the activity is not routine, a ROW permit willl be required). A schedule and al Blanket Permit shall be provided to the County 3. An overhead pole-to-pole service drop if the pole occupies the right-of-way or easement by virtue ofa County approved permit and applicable minimum overhead clearance is maintained. 4. At temporary service wire placed across, or adjacent to, the roadway which wire placement does  of-way or easement by the repair servicing vehicles.  2.  where routine maintenance will occur.  not create a hazard to the traveling public. ac Counly-dedicated utility/drainage easement.  5. 6.  Work to be done in or on private property providing construction will not be accomplished within To run a drop from the tapped pedestal directly to a private property line, sO long as the portion of the cable drop is buried in the right-of-way or easement and is physically not longer than the EXAMPLE: From a pedestal located in the middle of ai ten-foot easement, a drop can be run  total width of the easement.  directly to an abutting property line without a permit sO long as that drop runs no  longer than ten feet in the easement.  7. Locating lines and/or valves for other construction.  8. 9.  Hydrant and/or valve adjustments. side of the street.  Residentiai water or gas meter installations provided the meter and main are located on the same  10. Installation of United States Post Office mailboxes. 11. Lawn, landscape, and irrigation maintenance.  12. No vegetation shall exceed a maximum height oft thirty inches from natural ground level or exceed al base truck: size of four inches in diameter. The vegetation must not hinder sight distance. Permissive vegetation shall not interfere with roadside drainage or hinder the ability to maintain the roadway and drainage facilities. The owner must submit a right-of-way permit application for trees, palms, and larger vegetation and follow all rules set forth in the Right of Way Handbook and Landscape Handbook. The proposed landscape and irrigation plan shall not negatively affect safety, or ongoing maintenance, All vegetation placed in the right-of-way by abutting property owners within County-owned rights-of-way or easements shall be maintained by the abutting properly owner at their sole expense to remove any vegetation within County- owned rights-of-way or easements for whatever reason, the owners will not be reimbursed for any cost associated with said action unless specifically noted in an approved permit. *When the construction activity impedes the traffic flow (arterial or collector), a certified Maintenance of  Traffic plan, shall be submitted to the Permit Section prior to start of work.  4    F. For violations of the permit's requirements, "General Conditions of Right-of-Way Permits" in Appendix A,  and/or additional specific stipulations added to the approved permit, the County may:  1. Void the approved Right-of-Way permit.  2. 3.  Impose administrative restraints until the violation has been corrected. the expense, if any, oft the permittee, his successors, and assignees. 4. Bill the offending person, firm, corporation, or association for costs incurred.  Require the permittee to fulfill the permit requirements, "General Conditions of Right-of-Way Permits" in Appendix A, and/or additional specific stipulations added to the approved permit at  5. Inform the County Attorneyi that av violation of this Handbook has taken place and seekl legal action  against persons responsible for such violations. 6, Take any other actions permitted by general law.  G. The Board of County Commissioners shall, by separate Resolution, establish fees for the issuance of permits for work within the County's right-of-way for the following types of permits and inspections: 1. The initial fee for a work within the County Right-of-Way Permit will be paid upon application for such Permit, including permits forj jack-and-bore, open-cut, turn lane/median work, sprinklers and for regulated and/or franchised utilities. Any additional fees shall be paid prior to receiving the Re-inspection Fee, if required due to improper or incomplete work within the County's right-of- Prior to the continuance of any work requiring an after-the-fact Permit, the additional fee for such permit has been established and shall be paid prior to the re-commencement of any such work.  approved permit.  2, 3.  way, shall be paid prior to such re-inspection.  H. Any Permittee, including private contractors, public utility companies, and regulated franchisees may be required toy post al Performance Bond, in a form acceptable to the county att the option oft the  Transportation Services Division Administrator.  5    II. CONSTRUCTION REQUIREMENTS  A. The basic requirements governing location and construction methods of facility installation will follow the FDOT Standard Specifications for Road and Bridge Construction, Road Design Standards, and Traffic Operation Standards, latest applicable editions(s), the Collier County Land Development Code, latest adopted edition (Public transportation projects in Collier County ROW are exempt from the provisions of LDC) current County Construction Standards, the FDOT Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets & Highways, latest edition, and the Manual on Uniform Traffic Control Devices, latest edition. Of primary concern in the design, construction, and location of facilities is the safety of roadway users and the protection of the right-of-way. In all cases, highest 1. At locations where Collier County traffic control and/or safety devices will interfere with proposed construction, the permittee or his consultants must notify the Collier County Transportation Division, Traffic Operations Department (TOD) at least three working days in advance of the specific job commencement. All such devices will be removed or relocated only upon TOD approval and under the supervision of the TOD.A Any traffic control and/or safety devices damaged or destroyed shall be replaced by and at the expense of the permittee, his successors, or 2, For installation of overhead facilities, a minimum clearance shall be maintained as required by the National Electrical Safety Code, latest applicable edition, or as otherwise specified by the County. One side of the right-of-way is usually reserved for communication lines and the other side is reserved for power lines. In cases where more than one aerial installation is proposed on 3. Only one pole line willl be permitted on each side of the right-of-way. However, a second pole line only to support roadway illumination may be allowed where the needi for same is documented and 4. Each utility pole must be within twoi feet of the propery/ngn-or-way line, with roadside face being  consideration shall be given to sound engineering principles over economic factors.  designee.  the same side of the roadway, aj joint-use arrangement may be appropriate.  traffic safety requirements are met.  the governing mark, unless approved otherwise for each respective pole.  5.  Placement of poles shall not interfere with the existing or future road design including placement 6. When base-mounted poles are used, the base must be flush with or below the ground. Iti may be necessary to restrict this type of installation to areas where the base is unusually large or where 7. All longitudinal underground utility facilities shall be placed outside of the shoulders as near to the right-of-way as possible andl have a minimum cover oft thirty inches with programmable electronic marker balls unless otherwise. approved. Primary cable (voltages exceed 500 volts) shall have a minimum cover of thirty-six inches unless otherwise approved. Secondary cable (voltages less than 500 volts) and water lines shall have a minimum cover of thirly inches unless otherwise approved. Programmable electronic marker balls shall be placed with the utility ID. 8. Where encasement is used or designed as a pressure vessel, the encased pipe shall have strength equal to or exceeding the carrier pipe. Where the casing is not a pressure vessel, the encased pipe shall be capable of supporting minimum external loads of 2,200 PSF at thirty-six  of sidewalks.  the right-of-way is restricted.  inch depth.  6    9.  Gas and liquid petroleum pipelines shall be designed and constructed to conform with 49 CFR, Part 192, Transportation of Natural and other Gas by Pipeline, or Part 195, Transportation of 10. When an emergency condition reasonably warrants immediate action, such as a break in a gas, cable, sewer, or water line, or where as situation occurs which may endanger the public, time may not allow the normal issuance of al Permit. In such cases, the County must be notified as soon as possible by any avallable means. Within 72 hours, a Right-of-Way Permit application and Maintenance of Traffic plans of the work performed must be submitted to the County. This will not 11. Fencing that encloses public property ort that indicates that public propertyi is being used forp private  hazardous ligquid by Pipeline, as applicable, latest editions.  be considered an after-the-fact ifiti is within the 72 hours. purposes will not be permitted to be placed in a public right-of-way.  a. Prior to the installation of fencing within any utility and/or drainage easement, the permittee/owner must obtain approval from all affected utility companies or agencies. At installation of the fencing, the permittee/owner thereby assumes total responsibility fora any  future maintenance, removal, or replacement thereof.  12. Mailboxes, prior to installation and placement, must meet the requirements of the United States Postal Service and all safety and other requirements specified by the County. The post for the 13. No construction or maintenance of the permitted facility shall interfere with any property rights of  mailbox must be al breakaway assembly.  any prior occupant without written consent of the affected party(s). 14. All materials and equipment are subject to inspection by the County.  15, During construction, all applicable safety regulations shall be observed and the County shall be relieved of all responsibility for damage or liability of damage of any nature arising from work authorized under any County permit. Further, for the proposed work, when requested, indemnification requirements (public liability insurance, property damage insurance) shall be supplied to protect Collier County. A copy of the Certificate of insurance shall be submitted to the Collier County Right-of-Way Permitting and Inspection Section prior to the start of construction 16. The permittee, through his contractor, is responsible for the means, methods, and procedures to bet followed for construction oft the permitted facilities. Warning lights, flashers, barricades, or any other safety measure must be in strict accordance with applicable FDOT Standard index 600 17. Its shall be the permittee's responsibility to locate and protect from damage all existing utilities, both aerial and underground. For landscaped roadways, location ofi irrigation facilities is required through the Landscape Section of the Road Maintenance Department. If driveways, turn lanes, or sidewalks are installed, the re-sleeving of existing irrigation lines andi the sleeving of proposed  within any County-controlled public right-of-way.  series.  irrigation lines shall be required.  7    B. Roadway Crossings shall be as follows: 1. General Information  a. Crossings under existing pavement shall normally be made using the jack and bore or directional bore method without cutting pavement. Aj pneumaticunderground piercing tool b. Sewer forcemain, gas, and water lines require ductile iron pipe if placed in an open-cut of ar roadway, unless otherwise approved. if a PVC pipe is to be used in lieu of ductile iron pipe, the PVC pipe shall meet the design criteria for AWWA C900 Class 200 or County approved equal. The design criteria for other PVC pipe usage shall be reviewed on an  isnot an acceptable device for use under roadways.  individual case-by-case basis.  C. 2. Jack and Bore  Neither jetting (air or water) nor tunneling is allowed.  a. Pipes may be jacked and bored under a roadway at a minimum depth of thirty-six inches b. Ifmechanical boring is utilized to place the pipe, the tip of the drill head shall precede the C. All jack and bore crossing must be a continuous operation at the approved location and depth. Any deviation from any requirement will be sufficient grounds for work stoppage, plugging the pipe with concrete, and placement oft the pipe at another approved location. d. Casing will be required for crossing under existing pavement where the carrier is of a 3. Any request for an exception to any of the foregoing requirements must be fully justified by the 4. All open cuts on major roadways shall be restored using flowable fill in accordance with Section VI, "Drawing Reference for Minimum Requirements,'ofthisl Handbook and/or special stipulations, a. Open-cutting of existing pavement will generally not be allowed, but may be considered under one or more of the following conditions, provided inspection and approval beforehand is made by the County Right-of-Way Permitting and Inspection Section: (1) Subsurface obstructions including rock within thirly inches of the surface. (2) High water table that cannot be adequately lowered by conventional means (i.e., (3) Limited space forj jack and bore pits due tor right-of-way confinement. (4) Conditions of roadway surface, including programmed resurfacing and rebuilding. Programmed" shall mean scheduled on the County's 5-year Work Program and  measured from the top of the pipe tot the elevation oft the road edge.  end of the pipe by no more than two inches.  composition that cannot be safely jacked and bored.  applicant in writing to the County.  if any, oft the permit.  well-pointing or sump pumping).  funded within two years.  8    b. Where an open-cut has been permitted, replacement of backfill, base, and wearing surface shall be in accordance with Section VI, "Drawing Reference for Minimum Requirements,"oft this Handbook and/or special stipulations, if any, of the permit. G. Limerock for backfill shall be available on thej jobsite during any open cut operation. d. If the restoration is incomplete at the end of the day, the trench shall be backfilled and secured by temporary asphalt patch or steel plate. Lane closures may be allowed with e. Before a lane is open to traffic, an asphaltic patch must be provided where applicable. Upon backfill and completion oft the base, ift the hot mix asphalt is not immediately placed, a temporary cold or hot mix asphaltic patch with a smooth all-weather surface may be g. The permittee assumes all maintenance/repair responsibilities and liability for the Directional Bore: on all collector and arterial roadways, FDOT Standard Specifications will be followed, No directional bore with less than 36" depth will be allowed under any pavement.  County's consent.  f.  utilized, if authorized by the County.  installation.  5.  C. Attachments to Structures (Bridges, Culverts, etc.):  1.  Attachments to structures in the right-of-way are discouraged, but may be considered under the a. When, in the opinion of the County, an extreme hardship will result by not attaching to the  following conditions:  structure.  b. When attachment will not create a potential hazard to the public.  C. When the attachment will not affect the Integrity of the structure as per structural analysis submitted by a Florida Registered Professional Engineer paid for by the permittee. d. When the attachment will not adversely affect the aesthetics of the structure. e. When the attachment will not hinder maintenance of the structure. 2. Ifa attachments are permitted by the County, thei following criteria must be adhered to:  a. All maintenance of facilities attached to structures shall be made without hazard to the public and in accordance with all applicable safety standards. b. Existing clearances (overhead, lateral, and vertical) shall not be reduced.  C. Facilities shall be in casings sO that maintenance can be accomplished from the ends of d. Material used for casing and attachments should be such that it will require minimum e. All lines carrying hazardous materials must be encased throughout the length of the structure with shutoff valves within distances specified by the County. Casings must be  structures. maintenance.  9    designed to contain the hazardous material on the structure and must be vented at each Any attachment shalll bei installed so as not to induce corrosion into the structure. Appropriate fan guards, fences, and signs shall be placed as required by the County.  end of the structure.  f. g.  D. Safety Requirements:  1. Unless an approved detour Is provided at any open-cut crossing, a minimum of one traffic lane will be maintained during the daylight hours and two-way traffic at night. All traffic detours shall be restricted to the limits of the County right-of-way with necessary flaggers and/or marking devices. The County shall approve detours prior to permit issuance, Detours oft traffic outside of the County right-of-way will be considered only with the approval of affected local governmental 2. Signs, flaggers, and other safety devices shall be utilized throughout the construction period in accordancewith the most current FDOT Index 600 series and the County's Maintenance ofTraffic  agencies and any affected private interests.  Policy.  E. All Collier County Public Property shall be restored to its original condition or better, consistent with the FDOT Standard Specifications for Road Bridge Construction, latest applicable edition, and/or the Collier County Land Development Code, latest edition (Public transportation capital projects in Collier County ROW are exempt from the provisions OfLDC), and in a manner otherwise satisfactory to the County.  1. Restoration Guidelines:  a. All material excavated from the County right-of-way in excess of the quantity required for backfill, shall be removed by the permittee atl his cost and expense. All unusable material shall be disposed of at the permittee's expense and not placed within the limits of the b. Anyone who performs work within the public right-of-way shall be responsible for protection of all existing vegetation and facilities not authorized to be removed in the permit. It shall be the permittee's responsibility to have all construction debris removed from the public right-of-way and to restore all vegetation and facilities damaged or Sodding, seeding, mulching, and watering operations, when required, are to begin within three weeks after completion of construction or as otherwise directed, and shall be continuously monitored and watered until growth is initiated or until sufficient local seasonal rain activity will ensure growth. All requirements regarding sodding, seeding, mulching, and watering shall bei in accordance with the! FDOT Standard Specifications for Road and Bridge Construction, latest edition, or as otherwise directed by the County.  County right-of-way unless specifically directed by the County.  relocated during construction.  G.  d. Any private yards or parts of the right-of-way in front of adjacent property that contain a e. All side drains, side ditches, swales, and storm sewers will be referenced as to grade and location prior to construction, and must be maintained during construction.  grass mat shall be re-sodded with similar sod.  10    f. g.  Drawings are included in Section VI of this Handbook detailing proper road replacement for an open-cut. Additional paving may be required at the direction oft the County. Temporary asphaltic patches are required when restoration of the road is incomplete at the end of the day. For a temporary patch, the cut shall be properly back-filled, with compaction meeting the density requirements specified, primed, and then the cold or hot mix asphaltic patch applied. At the time of final paving, the temporary cold or hot mix asphaltic patch used shall be removed and the final asphaltic overlay shall be evenly applied, as required. The temporary patch may be left in place for a maximum of 45 days. Both field and laboratory testing, such as density testing (LBR, Proctor), on the proposed backfill material shall be conducted by a certified laboratory. Allt testing shall! be completed and shall meet minimum density requirements on each lift prior to additional backfilling. Copies of all completed compaction test results shall be furnished to the County prior to When the specified compacted limerock base is greater than sixi inches, the base shall be Limerock for backfilling must come from an FDOT-approved. pit and be FDOT certified Unpaved roads must be repaired as shown on the drawings in Section VI of this Where crossings are made through driveways or parking lots, within public right-of-way or dedicated easements, restoration shall be equal to or better than previously existing, in  h.  completion oft the project.  .  constructed in two or more equal lifts.  material. Handbook.  k. I.  both material and workmanship.  F. Permissible work hours shall be from 7:00 AM through 7:00 PM from Monday through Saturday, except for work in medians and for the construction of turn lanes or road closures. Median and turn lane construction shall be confined to "off-peak" traffic hours and "off-peak" traffic days. "Off-peak" is defined to mean the hours of 8:00 PM through 6:00 AM on weekdays and all day and night on Saturdays and Sundays, Medlan and turn lane construction may, when circumstances require, be permitted during "peak" hours with the approval of the Growth Management. Administrator or his designee. Such approval, ifg granted, shall be considered permissive and may be rescinded for failure to abide by the conditions or restrictions contained" within the permit. Such permissive approval may also! be rescindedi if, in the opinion of the Growth Management Administrator or his designee, traffic operational hazards result from No lane closures will be permitted between the hours of 7:00 AM through 9:00 AM and 3:30 PM  construction operations. through 6:30 PM on weekdays.  11    II. TURN LANES, DRIVEWAYS, ACCESS ROADS DESIGN REQUIREMENTS  A. Separate Turn Lane Requirements:  All right turn lanes must be consistent with existing conditions or planned improvements if located on a collector or arterial road. For all turn lanes: 1. If existing County ROW is utilized, compensating ROW must be provided. 2.Ifasidewalk must be reconstructed for a turn lane, the existing separation must be maintained; or the required clear zone, whichever is greater. Construction of required turn lane(s) must 1. Turn lanes are required and must be constructed whenever any of the following conditions exist:  be completed prior to commencing construction on site.  a. Two Lane Roadways:  (1) Left turn lanes must be provided whenever the left turn volume is 20 vehicles or (2) Right turn lanes must be provided whenever the right turn volume is 40 vehicles or  more. more.  b. Multi-lane Divided Roadways:  (1) Median openings, other than those existing at the time of permit application, to accommodate left turns at locations other than street intersections may be permitted only when the projected traffic volume att the proposed opening (two-way total) averages 150 vehicies per hour during the eight highest hours of a typical day. When new median openings are permitted, they shall always include left turn lanes. Turn lanes in the median that serve the public shall take precedence over turn lanes serving privately owned developments. (i.e. if a median opening/turn lane for a private development precludes the installation or lengthening of a turn lane benefiting the public, the turn lane serving the private entity may be required (2) Right turn lanes shall always be provided for existing multi-lane divided roadways or for roadways, which are scheduled to become multi-lane divided roadways in accordance with the Annual Update and Inventory Report of the Collier County  tol be reduced or removed at the expense of the beneficiary).  Growth Management Plan.  C.  Existing Conditions:  (1) Increased radli with expanded throat depth may be approved due to pre-existing  condition constraints.  2. These requirements may be modified or waived by the County Manager or his designee when physical conditions at the site make their application impractical or when the road is to be reconstructed as part of an approved CIE (Capital Improvement Element). While traffic volumes usually do not require separate turn lanes until the specified volumes are reached, developers shall include them with the initial project access construction. This policy will be less costly than stage construction and there willl be only one period of disruption to existing traffic. Requirements may ber modified at the discretion of the County Manager or his designee on a casel by case basis.  12    3. Openings, other than those existing at the time of permit application, must meet access management policy spacing requirements. Existing openings will be reviewed on a case by case  basis.  B. The following geometric restrictions for the classification of the type of property being served are hereby established as the standard. Practicality and space limitations preclude the inclusion of data to cover all design criteria. The County Manager or his designee may consider deviations tot the geometric and design  standards when conditions warrant. 1. Single Family and Duplex Residences:  a, Lots having frontage of less than 100' (lots withi frontage 75' to 99' will be analyzed' by the ROW Section Manager for possibility of granting dual drives. No lots with less than 75' front shall have more than one driveway as per Resolution 2003-411). b. The width of a driveway access at the right-of-way line shall be not less than ten feet or more than 24, except that a driveway access located on a street having a speed limit greater than 30 mph shall have a width of not less than 12. No driveway access for any residential: zoning district, except mobile home districts, shall be located less than 50' from an intersection as measured along the property line from the intersection of right-of-way lines to the near edge of the driveway. A minimum of 30' may be used upon approval by the Director of Road Maintenance or his designee. In mobilel home districts, the access shallr not bel less than 20'1 from thei intersection measured d. No driveway access shall be located less than seven and one-half feet from the side lot line unless those adjacent lots are in common ownership, are to be served by a common driveway, are in a mobile home zoning district, or are on a non-conforming: lot. e, See Standard Drawing "Sheet 2 of26", Section VI of this Handbook. Automoblle Service Stations and Drive-Thru Businesses:  C,  as above.  2.  a. An automobile service station or drive-thru business shall have a maximum of two one- b. Driveways shall be located in accordance with the Collier County Access Management C. Driveways shall be no more than 24' in width at the right-of-way line. One-way driveways shall be spaced not less than 30' apart measured edge-to-edge of driveways excluding radii, except those driveways serving automobile service stations may be up to 30' wide. No portion of the right-of-way between driveways shall be paved except to provide for  way driveways, or one two-way driveway along any street it abuts.  Policy as it may be amended from time to time.  sidewalks.  d. Alleys shall not be used as the primary ingress or egress to any property. e. See Standard Drawing "Sheet 3 of26," Section VI of this Handbook.  13    3. Shopping Centers and Commercially Zoned Properties:  a. Driveways and access roads shall be located in accordance with the Collier County b. As single lane driveway serving a shopping or retail center shall not be less than 12' nor more than 14' in width at the right-of-way line. Two-lane driveways shall not be less than 20' feet nor more than 24' wide at the property line. When two adjacent driveways are operated as a one-way pair, these dimensions shall apply to each driveway separately. Major developments must receive approval from the Growth Management Administrator or his designee for larger driveways depending on the need for ingress and egress and C. Alls signs and pavement markings shall conform with the Manual On Uniform TrafficControl Devices, latest edition, and shall be shown on the site plan submitted with the application  Access Management Policy, asi it may be amended from time to time.  right and left turn lanes at access points.  for al building ermit, or as otherwise required by the County. d. See Standard Drawing "Sheet 4 of 26", Section VI of this Handbook.  4.  Multi-family, Industrial and Other Commercial Property (Except Shopping and Retail Centers, a. Driveways and other access roads shall be located in accordance with the Collier County  Auto Service Stations, and Drive-Thru Businesses).  Access Management Policy, as it may be amended from time to time.  b.  Single lane driveways shall not be less than 12' nor more than 14' in width at the right-of- way line. Two-lane driveways shall not be less than 20' nor more than 24, excluding the C. All signs and pavement markings used shall conform to the Manual On Uniform Traffic Control Devices, latest edition, and shali be shown on the site plan submitted with the  drive radii, in width at the right-of-way line. application for al building permit.  d. See Standard Drawing "Sheet 4 of 26", Section VI of this Handbook.  C. Minimum Design Standards:  1. Design of individual driveways shall conform to and incorporate the following features:  a) Driveway edges are intended to be connected flush but may be no more than 3A" higher in elevation at the edge of pavement of the roadway with adequate radii or taper to provide a safe turning maneuver, to avoid any hazard to through street traffic, and to contain the vehicie b) Driveways shall be positioned to intersect as nearly as possible at right angles tot ther roadway. Driveway aprons shall be extended from, the edge of pavement to the righ-ofwaylproperty line, or for a minimum of 20' from the edge of the existing pavement where the public right-of- way exceeds 60' in width subject to the approval of the Director of Roadway Maintenance or his designee. Swale driveways shall be paved to design grades specified by the County. Driveways, or any portion thereof, shall not be constructed within side and rear lot public easements unless permitted by the County in the specific case. Ifthe placement ofa driveway, or portion thereof. is within a public easement. the responsibility and expense for future removal and replacement shall be the permittee's.  within the paved portion of the driveway.  14    d) All driveways are to be constructed sO as not to impair proper drainage within the road right- e) Installation and replacement of swale drives are discouraged and shall only be permitted with the consent oft the Director of Roadway Maintenance or his designee on a case by case basis, Ifad drainage culvert Is required under the driveway, the type, length, and diameter shall be approved by ROW Permitting and Inspection Section. The length of drainage culvert required shall be based on the driveway width at the centerline of the swale, plus a minimum of four feet on each side of the driveway for driveway shoulders and a distance based on proper slope usingt the driveway's centerline elevation andi the culvert'si invert elevation as the vertical distance to compute the required horizontal distance, unless otherwise specified. g) Where culverts are used, reinforced concrete pipe meeting the FDOT Standard Specifications for Road and Bridge Construction, latest edition, shall be required in all cases where there is less than 12" of cover forp properties zoned for multi-family or commercial use. Such driveways shall have a minimum of a five-foot shoulder on each side and the typical 4:1 slope from the h) Mitered end sections with concrete collars having a broom finish and sodded as shown in the FDOT Standard Indices shall be required for all culverts. The County may waive these requirements where unusual conditions prevail, such as duet tot the depth oft the roadside swale and due to the distance the swale is located from the edge of pavement.  of-way ort to alter the stability of the roadway subgrade and shoulders.  shoulder's edge to the culvert's invert, unless otherwise specified.  2. Types of Driveways and Specifications:  a.  Asphalt concrete drives:  (1) Driveways for residential use shall be constructed on a stabilized subgrade using ar minimum of six inches of compacted limerock base or four inches of ABC-3 ("black base") with one and one-half inches of asphalt concrete surface course, (2) Driveways for multi-family, commercial, ori industrial use shall be constructed on a stabilized subgrade, using a minimum of eight inches of compacted! limerock base (LBR-100) or six inches of ABC-3 ("black base") with two inches of asphalt Concrete drives shall be constructed on a compacted subgrade with a minimum of six inches of Portiand cement concrete having a minimum 28 day compressive strength of 3,000 psi, and whichi must be reinforced with welded wire fabric (6'x6,#10#10): or equal. The surface shall be broom finished. In cases where new concrete is placed adjacent to concrete is used for a driveway In the public right-of-way, a one-half inch expansion joint G. Loose gravel, rock, and ornamental stone are not permitted within public right-of-way. 3. Ina areas where roadside swales are required, the right-of-way shall be graded ai minimum of three inches below the swale design finish grades to allow for the installation ofs sod.  conforming to FDOT Specifications for Type S.  concrete surface course conforming to FDOT for Type S.  b.  existing concrete, a one-half inch expansion joint is required. Where  ist required at the right-of-way line.  15    4. A temporary access, when permitted, shall be utilized for a maximum of six months from the date 5. Existing access points, which are not to be incorporated into a development, shall be totally removed and the right-of-way shall be restored prior to final approval by the County. Driveways Throat Lengths, as they apply to commercial developments, shall utilize the following  of Permit issuance, unless otherwise approved.  6.  criteria:  a, Shopping Centers (up to 200,000 square feet).  (1) Access to project entrance roadway or out-parcels:  (a) On project entrance roadways that are major traffic generators (peak hour volumes of 150' VPH or more), minimum throat length = 1001 feet. (b) On project entrance roadways that are minor traffic generators (peak hour volumes less than 150VPH), minimum throat length = 751 feet.  (2) Access toy project entrance roadways for parking aisles:  (a) On project entrance roadways that are major traffic generators (peak hour volumes of 150 VPH or more), minimum throat length = 751 feet. (b) On project entrance roadways that are minor traffic generators (peak hour volumes less than 150 VPH), minimum throat length = 601 feet. NOTE: On shopping centers that are greater than 200,000 square feet, al traffic  Impact analysis shall be prepared by the permittee to determine all  throat lengths.  b. Other Commercial Developments:  (1) For access to project entrance roadways for out-parcels, use the same criteria (2) For the access to project entrance roadways for parking aisles, a minimum throat length of 50' shall be required (on a case by case review, ROW Permitting Manager or designee could revise the length to 30'). A deviation may be approved at the discretion of the Growth Management Administrator or his designee on a case by case basis for dead end roadways, low volume roadways,  contained herein for shopping centers,  or due to existing condition constraints.  C. General Criteria for Throat Distances:  (3) The throat distance shall be measured from the nearest edge of pavement on the arterial/collector roadway (either existing or proposed pavement) to the nearest (4) All of the foregoing criteria are predicated on having adequate storage and taper lengths for both right- and left-turn lanes on the arterial/collector roadway. Said storage and taper lengths shall be obtained using FDOT, AASHTO, FHWA, and  edge of pavement of the access roadway.  CCULDC criteria.  16    (5) Gated entries: (a) Gated residential developments must retain 100' minimum throat depth from the right-of-way line to thet face of the gate. A turn around must be provided prior to gate that allows sufficient turning radius to allow fire and EMS to safely turn around. This requirement may be modified at the discretion of the Growth Management Administrator or his designee on a case by case basis for pre- existing conditions and when it can be demonstrated that it will not jeopardize the health, safety and welfare oft the traveling public. (b) Security gates servicing industrial and commercial uses shall provide a minimum of 30' of throat depth or additional throat depth as needed to provide sufficient stacking sO that the entering vehicle can completely exit the right-of-way before unlocking the  gate.  D. Access and Site Plan Information Required:  1. The application for the permit, whether new construction or alterations, shall contain the following  information:  a. Owner's name, mailing address, and telephone number.  b. Legal description ofl lot or tract. C. Site plan indicating: (1) Lot dimensions.  (2) Location of all proposed driveways or access points with respect to lot lines, the nearest existing adjacent access points both directions from the proposed access, and all median openings within %2 mile each direction from the proposed access (3) County roadway name, existing width of pavement and existing right-of-way dimensions. Include location of driveways with respect to edge of pavement, swale (4) Other existing physical features and characteristics (signs, lights etc.). d. Proposed driveway geometrics including width of driveway at the right-of-way line and size e. Type of pavement being used - asphaltic concrete, Portland cement concrete, etc.  points.  location, and curb and gutter, if applicable.  of radii or turnouti intersecting roadway.  f.  A copy of the most recent survey; or note if a survey has been completed on the lot or tract andi if the corner survey pins are still intact. The lot or tract numbers shall be posted at the job site at front property corners, and on the side property corners if the lot or tract g. In cases where driveways will utilize a State Road right-of-way, an approved FDOT Connection Permit, or Notice of Intent to Issue a Connection Permit, must be submitted  is a corner lot.  with the site plan.  17    h. Site distance triangle Included in all submittals, based on FDOT design standards.  E. The following procedure shall be followed for the installation of drainage culvert within the publicright-of-  way:  1. Prior to thei installation of any type of drainage culvert within the public gnto'way,argnldway 2. The required culvert length, type, size, and other pertinent information including mitered end 3. The culvert grades shall be set in accordance with the approved plan and may be later modified by staff (with the ROW Permitting Section Manager's consent) if required by practical field 4. The permittee or contractor shall place the culvert to the specified elevations and shall re-grade orr re-shape the swale and road shoulders that were disturbed or damaged during construction to comply with the "General Conditions of Right-of-Way Permits" in Appendix A, and/or additional 5. Unless otherwise approved, a clean-out or inlet must be constructed at every common property lot line, or in accordance with FDOT requirements, whichever is less. An inlet, clean-out, or junction box shall also be required at any change of culvert size, culvert type, change of flow direction or any union of two or more culverts. The minimum inlet, clean-out, or junction box size is2 24" by 36", inside dimension. Each such inlet, clean-out, or junction box shall have a cast iron 6. Ifthe swales, drainage culverts and inlets are not installed correctly, finai approval will be withheld until corrected. No Certificate of Occupancy may bei issued until such final approval is granted. Temporary culverts must be installed within the drainageways of Collier County If construction has commenced and the approved permanent culvert is not aiready in place. 8. Fifteen inch diameter (unless extenuating circumstances exist as determined by the ROW Permitting Section Manager or designee) is the minimum size allowable for use where a culvert is to be connected to the County drainage system, or where a culvert is placed within the public  permit shall be obtained.  sections, concrete collars, and sod shall be shown on the approved permit.  conditions.  specific stipulations added tot the approved permit.  grate by United States Foundry (No. 6210) or equivalent.  7.  right-of-way.  9. Incases where the culvert is associated with a driveway and is approved as part of a Building Permit, an inspection shall be made and works shall be approved priort to the Growth Management Division signing the Building Department's' "Master Control Card" to ensurei that all public property  has been restored to a condition satisfactory to the County.  18    F. Ins situations where the following conditions exist, the Growth Management Administrator or his designee may approve a deviation or accept alternative mitigation as identified in the current TIS 1. Negative impacts to the Health, Safety, or Public welfare are not expected to result from the 2. The site is located at or near the end of a dead end roadway or has very little opposing traffic, is considered a local road with low volume, and where a roadway improvement or extension is not 3. Where existing conditions on a previously developed site would cause a significant hardship on  Guidelines and Procedures resolution: proposed deviations; and  identified in the Long Range Transportation Plan; and  the site.  19    IV. MISCELLANEOUS CONSTRUCTION  A. dewakBkepatvPanay Construction:  1.  Sdewalxpkepatnpatina, requirements are enumerated in the CCULDC 6.06.02, as amended. 2. Where authorized, asphalt sidewalks/bpkepaths, or access paths shall be constructed to specifications established by the County, but shall be no less than six inches of compacted limerock base over a stabilized subgrade, primed and surfaced with a minimum of one and one 3. The Growth Management. Administrator his designee, may allow materials other than asphalt and concrete fort the construction of sidewalks subject to review and approval oft the substitute material and understanding the owner shall be responsible for maintenance. Such alternate construction materials may include, but are not limited to, concrete pavers, brick, and similar materials. In no  half inches of Type S asphalt concrete.  case, however, shall ceramic or marble tile or" "Bowmanite" be permitted.  4. Public Safety considerations:  a. The contractor shall provide a safe walkway for pedestrians around all work areas.  b. C.  Barricades or other barriers shall be used to prevent any possibility of injury to the public Walking areas around the work areas shall be kept clean of sand, stones, and any other material that could cause pedestrians to slip, fall, trip or otherwise injure them. d. Work areas left overnight shall be barricaded with flashing warning lights and appropriate  caused by the contractor's work.  signs.  e.  Collier County shall not be responsible for the means, methods, or materials related to jobsite safety. Any such safety requirements are the sole responsibility of the permittee.  B. Listed below are delineation devices and pavement markers acceptable for use in public right-of-way.  1.  Delineation devices have thet following general requirements and shall bei in accordance with the  FDOT and MUTCD Standards: Reflectorized.  a. b.  White/red, or amber in color; blue for location of fire hydrants.  C. Amaximum of five-eighths inchi in height, measured from the wearing surface of the road.  2. Types of delineation devices are as follows:  a.  DISKS, measuring four inches in diameter and five-eighths inch in height.  b. WEDGES, having a minimum size of four inches square and five-eighths inch in height.  These wedges may:  20    (1) Bei fully reflectorized.  (2) Have a plain top and reflectorized base.  (3) Have a plain top with reflective elements sealed into the surface facing the traffic. Permanent reflective, pressure sensitive Pavement Tape, Traffic Paint, Thermoplastic Striping, and other pavement marking shall conform to AASHTO M249, latest revision, and FDOT Traffic Raised Reflective Pavement Markers shall be installed in accordance with FDOT Traffic 5. Tou use any of the above devices in a public right-of-way, a permit request form is required, accompanied by two drawings of the proposed work, indicating size, type, and exact locations of  3. 4.  Operations Standards (Index Series 17000). Operations Standards (index No. 17352).  the devices in the roadway.  C. Underground Utility Accommodations:  1. The following drawings shall be submitted for review prior to the issuance of a permit. This  submission shall bei in conjunction with a permit application. a. Cover sheet with a location or vicinity map.  b. A Site Utility Master Plan that shall indicate the overall site development and all proposed utlity improvements with references to the appropriate plan and profile sheets. If phasing to the project is proposed, phases must be indicated on this drawing. The locations of all existing utilities, physical features and characteristics (signs, lights etc.) on-site and C. Plan and Profile Sheets shall indicate the horizontal and vertical location of all proposed water and sewer improvements including other proposed or existing facilities and conflicts in the same general location. Special profile sheets shall be required when unique situations or complex conflicts occur that cannot be clearly detailed on standard plan and profile forms. Profiles must be positioned on the sheet directly below the plan sections they are illustrating with exact alignment of stationing from plan to profile.  immediately adjacent, shall be shown on this document.  2. All proposed utilities shall liey within the roadway right-of-way or within dedicated utility easements. Where utility improvements are proposed to be completed in conjunction with highway Improvements and/or plans have been prepared showing future highway improvements, the location of the underground utilities shall take into account these future highway Improvements. The intent of this requirement is to eliminate the need for unnecessary relocation of the underground utilities when future highway improvements are to be constructed. 3. Ali underground utilities shall be! located as close as possible to the edge of the existing right-of- way. and, where applicable, shall be located within dedicated utility easements adjacent to and outside of the roadway right-of-way. Excavation will generally not be allowed within eight feet of Underground installations parallel to the roadway shall be a minimum of 36" below the pavement grade line or 30" below existing unpaved ground. Where parallel facilities are placed within a drainage swale or ditch, clearance shall be measured from the swale or ditch finish grade rather  the edge of pavement.  4.  than the roadway grade.  21    5.  Crossings under existing pavement shall be made without culting the pavement. Locations that are unsuitable or undesirable for pipeline crossings are to be avoided. These Include locations  such as:  a. Deep cuts neart footings of bridges and retaining wails,  b. Across at-grade intersections.  C. At cross-drains where fiow of water, drift or stream bed may be obstructed. d. Inv wet or rocky terrain where economic constraints preclude minimum burial.  Open-cutting of existing driveway connections (if paved). will be permitted, provided that the owners are notified and the existing pavement Is restored in accordance with this Handbook. In any analysis of a request for open cutting, primary consideration will be given to the safety and convenience of the public. The applicant must provide written justification for approval of open Casings shall be used for the crossings of underground utilities. Casings will be required for crossings jacked under existing pavement where the carrier is of a composition such thatitc cannot  cutting.  6. 7.  be) jacked. Casings shall extend from toe of slope to toe of slope. Restoration oft the right-of-way shall be as follows:  a. Existing sidewalks and driveways removed, disturbed or destroyed by construction shall be replaced or repaired in kind. The finished work shall be equal or better in all respects b. The permittee, at his expense, shall replace all trees and shrubbery damaged or disturbed during construction. If the existing vegetation is improved landscaping, plans are to be prepared by a Florida registered landscape architect to address the removal, relocation and restoration as part of the permitting approval process. The permittee is responsible for the restoration of the landscape improvements and reimbursements to Collier County. Any private plantings removed during construction shall be replaced. The permittee, at! his own expense, shall remove all debris. Any yard or portion of the right-of-way fronting private property with grass willl be restored with like sod. Seeding and mulching operations are to begin within three weeks after the utility is installed, except in cases of front and back slopes, which should be done as soon after shaping as possible. The permittee shall maintain the portion of the right-of-way affected by the installation until acceptable vegetation is established per the Collier County Landscape and Irrigation Specifications  to the original.  for Beautification Improvements within the public right-of-way.  C. The contractor shall replace pavement or roadway surfaces cut or damaged, in equal or better condition than the original, including: stabilization, base course, surface course, curb, and gutter, etc. Where existing pavement is to be removed, the pavement shall be mechanically saw-cut prior to trench excavation, leaving a uniform and straight edge parallel to the utility with minimum disturbance to the remaining adjacent surface. The permittee shall hold the width of this cut to a minimum. At each open-cut crossing, the  22    backfill material shall be placed and compacted per Exhibit "E" of the FDOT Utility Accommodation Guide. This requirement holds for embankment, subgrade, and base. The permittee, if qualified, ora a certfiedlaboratory, undert thes supervision of the permittee's consultant, shall make the density determinations. A copy of all density test reports shall bet furnished to the Right-of-Wayl Permitting and Inspection Section. Immediately following the specified backfilling and compaction, a temporary sand seal coat surface shall be applied to the cut areas. This temporary surfacing shall provide a smooth, all-weather traffic surface on the existing roadway, and shall be maintained until final restoration. Temporary surfacing shall remain for a minimum of ten days to assure stability of the backfill under normal traffic conditions. Following this period and prior to 15 days after application, the temporary surface shall be removed and the final roadway surface restoration accomplished. To accomplish the final roadway surface restoration, the temporary surface shall be removed and the existing adjacent pavement mechanically sawed straight and clean tot the stipulated dimensions. Following the above operation, the contractor shall proceed immediately with final pavement restoration in accordance with the requirements set forth by the applicable FDOT UllyAoommodaton Guide, (Exhibit "E"), Replacement of Flexible Pavement for permitted' Pavement Cut". Excavated material ine excess of the quantity required for backfill and considered usable by the Right-of-Way Permitting and Inspection Section shall bel hauled byt the permittee ath his cost and expense from the trench excavation and stock-piled in areas as directed by the Right-of-Way Permitting and Inspection Section. Excess excavated material consideredi unusable byt the Right-of-Way Permitting and Inspection Section shall be disposed of at the permittee's expense, unless otherwise directed.. Any excavated material contaminatedi with hazardous waste or pollutants shall be disposed of at the permittee's sole expense. In order to facilitate an acceptable construction site, debris and waste materials shall be removed from the site daily and. the Permittee shall allow only the minimum length of trench to be  open overnight.  23    8.  All underground utility operations located within County-owned or controlled right-of-way shall have identified ont the construction plans that maintenance of trafficwill comply with the applicable MUTCD Sections and with the FDOT Index 600 criteria or their successors in function. In cases where detailed Maintenance of Traffic (MOT) plans are required (to be determined at the discretion oft the County), the permittee will submit an MOTPlanf for that project, signed and sealed byal Professional Engineer registered in the State of Florida. At all open-cut crossings, aminimum of one-way traffic shall be maintained during daylight hours and two-way traffic shal! be maintained at night. All traffic detours should be restricted to the limits oft the right-of-way with the necessary flaggers and marking devices at the sole expense of the permittee. Each person supervising the selection, placement, and maintenance of traffic controi devices and utility work zones shall be formally trained and/or experienced in traffic control. The permittee shall provide each job location with a responsible person in charge of traffic through the area covered by the permit, who shall be qualified by appropriate training and/or experience. Upon notification of deficiencies in the traffic control plan or other matters involving traffic safety, the permittee shall immediately make improvements as directed by the Right-of-Way Permitting and Inspection Section. Should the Right-of-Way Permitting and Inspection Section deem conditions to be such that imminent danger is present, all work shall cease immediately and the permittee shall a. All affected side drains, side ditches and storm sewers will bei identified on the plans and  undertake immediate corrective action? General Requirements:  9.  referenced as to grade and location.  b.  Shoring will be required to conform with then applicable OSHA requirements, where necessary to protect employees, to protect existing pavement, andlor to protect other existing facilities. The responsibility for the means, methods and materials used for any excavation and/or shoring operation shall bet thes sole responsibilityo of the permittee. Collier County assumes no responsibility for the permittee's or his contractor's failure to comply C. The permittee will indicate to staff where the Traffic Engineering and Sign Operations Section signs and reflectors will interfere with the proposed construction. These signs and reflectors will be moved or relocated by Traffic Enginering and Sign Operations Section personnel. The Traffic Engineering and Sign Operations Section, at the expense of the permittee, will replace any signs or reflectors damaged, destroyed, removed or relocated. Manholes shall be outside of traveled lanes wherever possible. The manhole ring, cover, and pad must support traffic for the area where it is being constructed and must always Abandoned underground lines shall be shown on the plans and shall be identified as to whether they will be removed or abandoned. If they are to be abandoned, they must be Underground utilities less than 30' from the edge of the pavement, excluding those considered noti in traffic areas of curb and gutter sections, must be designed to carrytraffic. Those located in non-traffic areas of curb and gutter sections and those located greater than 30' from the edge of pavement must be designed to support Growth Management Division- - Construction and Maintenance Section maintenance equipment.  with all local, State and Federal safety requirements.  d. e. f.  be set flush with the existing grade. grouted or sand filled by the permittee.  g. All new or replaced underground facilities within the public right-of-way shall be provided with a permanent indicating device capable of being detected from the surface.  24    h. AIl County property shall be restored toi its original condition or better at the sole expense i.. The permittee shall warrant to the County all work within County right-of-way for one year from the date of the County's formal acknowledgment of the completion oft the project.  oft the permittee.  25    V. APPENDICES    APPENDIX. A  GENERAL CONDITIONS OF RIGHT-OF-WAY PERMITS  2    GENERAL CONDITIONS OF RIGHT-OF-WAY PERMITS  1. The permit must be! kept on the work site and be available upon request or prominently displayed. 2. Permits are required for all work performed in any rights-of-way or easements provided for public use int the unincorporated area of Collier County and in those public rights-of-way or easements, which are maintained 3. When permitted facilities are placed within aj public right-of-way or easement, thei installation ist for permissive use only and placing of facilities shall not operate to create or vest any property right in the assoclated right- of-way or easement to the permittee. Furthermore, the permittee shall be responsible for maintenance of 4. All materials and equipment, including Maintenance of Traffic (MOT) and equipment placement, shall be 5. Requests for pre-inspections shall be made a minimum of 72 hours prior to commencing work requiring 6. No lane closures will be permitted between the hours of 7:00 - 9:00. A.M. and 3:30 -6 6:30 P.M. 7. Prior to construction, the Contractor/Permitee shall submit a MOT plan for any construction project involving work or activity that may affect traffic on any County street, roadway or bikepath/sidewalk. The MOT plan must be signed by either a Professional Engineer or person certified by the International Municipal Signal Association (IMSA) if affecting arterial or collector Roadways, unless waived by the Growth Management Department. The driveway fill and driveway culvert including soil erosion/sedlmentation control measures must bei installed prior to the start of any earth moving construction activity with drainage plans, culvert size, soil erosionlsedimentaton controls, elevation offset, and ditch slope designed and certified by a licensed 8. During construction the Contraclor/Permitee shall comply with the' "State of Florida Manual of Traffic Control and Safe Practices for Street and Highway Construction, Maintenance, and Utility Operations" and with the "Manual On Uniform Traffic Control Devices" and with all other governing safety regulations and shall maintain the approved site drainage plan and soil erosion/sedimentation control plan. 9. The permittee shall hold the County harmless and the County shall be relieved of all responsibility for any damage or liability of any nature arising from work authorized and performed under the permit. 10.. All crossings of existing pavement shall be made by jacking and boring at a minimum depth of thirty-six inches (36"), unless otherwise authorized by the Growth Management Department for good cause shown. 11.All overhead installations must meet a minimum four foot (4) separation to communication lines (both vertically and horizontally), minimum seven foot (7) separation to guys (both vertically and horizontally) and ar minimum ten foot (10') separation to neutrals (both vertically and horizontally), and meet and/or exceed all other OSHAI requirements as may be determined by OSHA clearance requirements and/ori formulas relevant to overhead lines clearances and/or separations requirements (both vertically and horizontally) and all underground crossings shall be placed at a minimum depth of thirty-six inches (36") below the pavement and/or a minimum depth of twenty-four inches (24") below the designed roadside ditch or swale invert. Primary cable (voltage exceeding 500 volts) shall have minimum thirly-six inch (36")cover. Secondary cable (voltages less than 500 volts) shall have a minimum thirty-inch (30") cover. Exception may be made by 12. Two prints of the proposed work covering details of the installation shall be made a part of the permit. If 13. Following completion of all permitted work, grassing and/or seeding shall be required for any disturbed rights- 14.All property disturbed by work authorized by the permit must be restored to better than, or equal to, it's 15. Whenever deemed necessary by the County for the construction, repair, maintenance, improvement, alteration or relocation of applicable right-of-way or easement and when so notified by the County, any or all  by Collier County, but lie within municipal boundaries.  such facilities unti they are removed, unless otherwise specified. subject to inspection by the Growth Management Department.  inspection.  engineer for all commercial projects.  authority of the Growth Management Department for good cause shown. additional plans are required, they shall become a part of the permit.  of-way.  original condition, and to the satisfaction of the County.  4    poles, wires, pipes, culverts, cables, sod, landscaping, driveways, sprinklers, or other facilities and appurtenances: authorized shail ber removedi froms said right-of-way ore easement, or reset or relocated thereon as required, to be installed by the permit, and at the expense of the permittee, or successor and assigns. 16. When the permittee, or successor and assigns is notified of a need for construction, repair, maintenance, improvement, alteration of or relocation within the right-of-way or easement and no action is taken by the responsible party within the time frame specified by the County, the County shall cause the permitted work to be altered, relocated, or removed, with the total expense being borne solely by the permittee or the 17.Permits shall generally be in ai form approved by the Board of County Commissioners and shall include the time of commencement, the number of days the job is expected to take, and the approximate date of completion. The permit wille expire onel hundred and eighty(180) days after thei issuance of the permit, unless authorized int the specific instance for al longer or shorter period. If the work has not been completed by the expiration date, there will be a renewal fee, set by Resolution, payable upon extending the expiration date 18. All correspondence regarding construction procedures will be through the permittee, or authorized agent or 19. The Permittee is responsible for obtaining necessary rights of entry for construction and maintenance where required right-of-way for public use has not been dedicated and accepted by Collier County. 20. If there are any lane closures or work that will impede normal traffic flow, the permit holder is obligated to inform the road alert coordinator at 239-252-8192, five business days prior to construction or as soon as 21.A All existing aerial and underground utilities shall be located by the applicant. Any changes to any utility shall 22. A written consent from the properly owner shall be required if the application is made by any person or firm 23. The Growth Management Department shall be notified in writing either via form letter (to; Collier County Traffic Operations, 2885 S. Horseshoe Drive, Naples, FL 34104) or email traltconsacoleroyner a minimum of 72 hours prior tot the commencement of jobs that include overhead or underground work that will be conducted as part of construction or maintenance projects within Collier County rights-of-way and 12 hours prior to any and all daily work to be performed throughout the entire length of construction or maintenance projects. Any rescheduling of work shall be provided in writing. All underground utilities must 24. Prior to acceptance byt the County (including issuance of Certificate of Occupancy), the Growth Management Department shall be notified by mailing or delivering a request for a final inspection tot the ROW Permitting Section, 2800 North Horseshoe Drive, Naples, Florida 34104, or by phone, 239-252-3726, upon completion of authorized work. Signed and sealed copies of the as-built survey shall be submitted to the Growth Management Department. Additionally, all as built surveys shall be submitted in GIS format following the standards for Design and As-Built Electronic Drawings in APPENDIX B of this handbook.  responsible party.  for an additional ninety (90) days.  consultant, and not through any contractor or subcontractor.  possible.  be the responsibility oft the Permittee for all cost. other than the owner of the property involved.  be located prior to construction.  5    APPENDIXI B  COLLIER COUNTY CONSTRUCTION AND MAINTENANCE STANDARD FORI DESIGN  AND. AS-BUILT ELECTRONICDRAWINGS  PURPOSE: To establish standards for electronic design drawings and as-built drawings for capital improvements within County road rights-of-ways that allow efficient migration oft the data to the County'sg geographic information system INTRODUCTION: Microstation and AutoCAD are the accepted: software for electronic drawings for design and as- built drawings because they offer statewide or national standards, includingl layering ofinformation. Thei intent oft the layering standard is toj promote consistency between drawings and maximize the reusability of drawing data. The effective use of] layering standards also facilitates the efficient transfer ofdata to shared graphical information for display, editing, and plottingp purposes. Layer/Level: naming conventions must be followed: for approval.  (GIS).  1: Standards Information: * For Microstation: * For AutoCAD: 2: Requirements: *] Map Projection:  Refer to thel Florida Department ofTransportation (FDOT) standards for Microstation standards at: htp.pondalasaelasesaminaapbistonnCistiliamdlkoakz Refer tot the National Cad Standards (NCS) for AutoCAD files standards at: htu.hosamuiomladum.nrlonssabouiain for latest edition and layering guidelines. The deliverable must follow Map Projection, Horizontal, and Vertical Datum requirements as below. All projects, independent of approval date, must be submitted: in the correct coordinate system - State Plane, Florida East] FIPS 0901, US feet, geographic coordinate system GCS North American 1983. Ifany as-built iss submittedi in a different coordinate system, or no coordinate system, it will bei rejected and deemed as an unapproved project by the Construction and Maintenance Department. It will require further manipulation to meet the standards required: for as-built electronic files before reaching approval ands signed offs status by the Construction *] Horizontal Datum: State Plane, Florida East FIPS 0901, US Feet, geographic coordinate system GCS North  and) Maintenance Department. American 1983. *; Survey Accuracy:  * Vertical Datum: North. American Vertical Datum- -NAVD: 88.  All survey datas shall be done according tot thel Minimum' Technical Standards as stated in 61G17-6 of thel Florida Administrative Code pursuant to Chapter 472 oft thel Florida Statutes, For as-built surveys ofv underground utilities, an accuracy of0.25: feet (three inches) both vertically and horizontally is required at location points which shalll be no more than 1001 feet apart along installed utility lines except where field conditions limit the: frequency of points that Collier County GIS has adopted USGS National Map Accuracy Standards for mapping /GIS products. The contractor  can! be reasonably located and at all junctions and changes in direction. must adhere tol NMAS: for all mapping work asi referenced at this link: s-A-AA *] Data Development. Applications: Accepted software applications: Microstation V8 * Data Deliyery. Media: Acceptable delivery media: CD (Compact Disk) DVD (Digital Videol Disk)  * Map Accuracy:  AutoCAD! Land) Development 2004 (or higher) or AutoCAD Civil 3D: 2007 (or higher)..  4    Unacceptable delivery media: Floppy disks and Zip disks. If data is submitted using floppy or zip disks, they will be * AutoCAD files/Microstation files delivered to Collier County Construction and Maintenance Department shall contain *AIlA AutoCADMicrostation drawings shall bej purged of empty, unused, or non-essential drawing data prior to submittal to Collier County Construction and) Maintenance Department. This includes all unused layers/level, AutoCADMicrostation drawings shall not contain any frozen layers/levels. All unused entities on frozen layers/levels AutoCADMicrosation drawings shall not contain: multiple overlaid lines or lines with multiple segments unless the * Suryey data shall be included in the AutoCADMicrostation drawings andj placed on the appropriate layers. (Survey * Survéy reference points and benchmark data must be clearly labeled with their coordinate values on thej plan set, To ensure the integrity oft the original drawing when viewing or printing, iti is essential that AutoCADMicrostation  returned as incomplete project submittals. 3: Drawing Composition:  only one drawing and one title block per file. linetypes, blocks, fonts and entities.  should' be erased, and the empty layers /levels purged. overlaid lines or adjacent line segments are assigned to different layers. points must use the PNEZD comma delimited format).  4:1 Entity Properties:  entities are created: following these standards: * Entity colors shall be defined by layer /level, not by entity. *E Blocks shall be defined (created) on layer/level 0 (zero). * All attributes shall be defined on layer/ /1 level 0 (zero). /Sheet Models (for Microstation) Usage:  5:1 Model Space (for Auto CAD)/Design Models (for) Microstation) and Paper Space (for Auto CAD) These guidelines are suggested: for using Model Space/Design Models and Paper Space /Sheet Models effectively: *] Place title blocks, schedules and general notes at full-scalei in Paper Space/Sheet Models whenever possible. * Label scaled viewports with the appropriate scale inl Model Space/Design Models. *] Doi not place or draw model-related blocks, tags and objects in Paper Space/Sheet Models. * Scale objects using Paper Space/Sheet Models viewports - zoom viewports to the appropriate scale. External References (XREF's) contained in AutoCAD drawings created outside of Collier County Growth Management: Division can result in content discrepancies in the delivered drawing set, In some cases XREF's may be permissible; however this arrangement: must be worked outi in advance with Collier County Growth Management *. AutoCAD drawings submitted to Collier County Growth Management: Division shall not contain any XREF's. Ifdrawings contain XREF's, they should bei inserted as blocks prior to submittal to Collier County Growth Management: Division. Layers contained in XREF's inserted as blocks shall conform to Collier County Growth  * Draw all Model Space/Design Models objects at full scale.  6:External References - XREF's:  Division. To ensure thei integrity of the drawing set, and minimize potential problems:  * XREF's shall not be' "bound" to drawings prior to delivery.  Management: Division standards. 7: AutoCAD Drawing Support Files:  Drawings created using non-standard. AutoCAD fonts, linetypes, and hatch patterns can result in content discrepancies in the delivered drawing set. To ensure thei integrity of the drawing set, and minimize potential problems: * Only native AutoCAD or AutoCAD. Land] Desktop fonts, linetypes, and hatch patterns or the CAD Symbology * Custom fonts, linetypes, and hatch patterns, including those provided by 3rd party software, shall notl be used.  provided by thel National CAD Standards are allowed.  * Onlyt these' TrueType fonts shall be used: Arial, Courier New, Times New Roman.  *] Postscript fonts shall not be used  5    8: File' Transmittal:  The content of electronic drawings provided by the contractor. must match the delivered original hard copy set as closely as possible, ifnot exactly. To ensure thei integrity oft the electronic drawing set upon delivery to Collier Ensure the drawings adhere to the guidelines presented in this document. Review thej procedures for preparing Include al hard copy index containing filenames and sheet numbers for each submittal. This ensures the completeness Include at transmittal sheet with all submittals indicating Collier County Construction and) Maintenance: Department project number, Collier County Construction andi Maintenance Department project name (ifa applicable) and complete  County Construction andl Maintenance Department: drawings for submittal as detailed in the preceding paragraphs. oft the drawing set and assists in archival procedures.  listing of all: materials submitted.  *] Include AutoCAD PC2, .PCP or. .CTB piot configuration. clearly marked, such as "90%] Design""As-buil". etc. Department at the following project milestones:  * Include all field survey data as indicated in) Drawing Composition, Section 3 above. * Submit hard copies of original contractor' "red line" plans and specifications.  AIl hard copies ofc civil and site plan must be sealed and signed by a Licensed Surveyor or Professional Engineer and 9: The: following documentation shall be delivered to Collier County Construction and Maintenance Design sahemaivheisimp.Madinz Drawings Collier County Construction and] Maintenance requires a complete set of) Review Documents in AutoCAD on CD-ROM, inl DWG format for Auto CAD/DGN format for Microstation andi in! PDF hard copy format for review of conformance to these CAD Standards by Collier County Construction and] Maintenance Department. During the preliminary and design phases ofthej project, Collier County Construction and Maintenance staff that review the design may use the DWG: format, DGN: format and) PDF: format to Pre-Construction CAD drawing files in) DWG: format for AutoCAD/DGN: format for Microstation, as well as specifications in electronic (PDF) shall be submitted tot the Collier County Construction and Maintenance Project Record Drawings contractors shall submit, on CD-ROM and hardcopy format, approved. As-Built) Documents to Collier County Construction and Maintenance at the capital project acceptance meeting. The CD-ROM shall contain the as-built information on the project andi is toi include) DWG: format for AutoCAD/DGN: format for Microstation and) PDF formats of the drawings in accordance with the Collier County Construction and Maintenance CAD  provide design/conceptual comments/questions.  Manager on CD-ROM  Standards, as well as electronic (PDF) specifications.  10: Digital File Index:  Each project, when submitted, must be accompanied by a project filei index. Thei index can be submitted in Word,  Excel or WordPerfect formats. Each index should contain the following-  1.C Organization/company name. 2.A contact: name and position. 3. Street address. 4.0 City. 5. State or province. 6. Postal/Zip code. 7. Country. 8. Phone number. 9. Fax number. 10. Email address.  11. Technician's entry end date oft the data/design.  6    APPENDIX C  DRAWING REFERENCE FOR MINIMUM REQUIREMENTS  This Section of this Handbook contains detailed drawings depicting typical Collier County standards. Where no drawing is included for a specific detail, the most current edition of the FDOT Roadway and Traffic Design Standards shall apply. Ifthere is no standard available in this reference, a sketch of the proposed detail shall be submitted by the applicant for a Permit. The Collier County Growth Management Division shall review the sketch and either Approve, Approve with Modifications, or Reject the proposed detail. If rejected, the applicant may re-submit a revised proposal for additional review, No construction shall be permitted which does not conform to the enclosed reference drawings, the FDOT Standards, or approved special details. Penalties for  failure to conform to these requirements are enumerated elsewhere in this Handbook.  7    First Amended Utility Infrastructure Transfer  AOEMKRENDA MENDER  The City of Everglades City, Florida  ARN  And  GARWIN AND JODY BROWN and JOANNOU PAVLO  This First Amended Utility Infrastructure Transfer Agreement (the "Agreement") is made and entered into by and among (1) the City of Everglades City, Florida, a Florida municipality (the "City"), and (2) Garwin and Jody Brown, as husband and wife and Joannou Pavlo, a single man, property owners on Chokoloskee Island, Florida, in unincorporated Collier County, Florida (the "Property Owners") as of the date of the last signature. The City and the Property Owners are collectively referred to herein as the  "Parties".  Whereas, the City operates a Wastewater treatment facility and collection system Whereas, The Property Owners own certain real property located in Collier County, Florida, at 1139 CHOKOLOSKEE DR, Chokoloskee, Florida (Collier County parcel number  (the Wastewater Treatment System");  26084760007), legally described as:  The Northerly 111 feet of the following described parcel of land: Commencing at a stake on the West Side of island of Chokoloskee two hundred ninety five (295) feet southwesterly from where the North boundary of Lot Ten (10) of Smallwood's Division reaches Chokoloskee Bay; thence run two hundred fifty-five (255) feet along waters edge of said Bay; thence Easterly along a curved line two hundred fifty-five (255) feet; thence Northerly one hundred eighty (180) feet; thence Northwesterly to Bay and Point of Beginning, in Section 36, Township 53 South, Range 29 East, as shown by map or plat on  file and recorded in Plat Book 1, Page 27, Collier County, Records,  together with the building, improvements, and related and tangible personal property located thereon and all rights, easements, and appurtenances thereto (the "Subject  Property");  Whereas, Property Owners plan to construct a segment of a two-inch underground wastewater force main in unincorporated Collier County, Florida, between Mamie Street and the Subject Property through 1125 CHOKOLOSKEE DR (Collier County parcel number 26084840008) and the Chokoloskee Drive right of way (the "nfrastructure");  Whereas, Property Owners desire to transfer Property Owners' said Infrastructure to the City, and the City desires to own, operate, and maintain the Property Owners' Infrastructure as a component oft the City's Wastewater Treatment System; and  1of6    Whereas, on July 2, 2024, that certain Utility Infrastructure Transfer Agreement between the Parties was executed, and the Parties now desire to amend and restate same  as stated herein.  Now Therefore, in consideration of the promises and mutual covenants set forth in this Agreement, the Parties agree to amend and restate the Utility Infrastructure Transfer  Agreement dated July 2, 2024, between the Parties as follows:  1. Local, State, and Federal Permits  The Property Owners shall, at their sole expense, apply for and obtain all local, state, and federal permits required by local, state, and federal law, including but not limited to building and environmental permits, to construct the Infrastructure pursuant to the City's Utility Standards Handbook, and then connect the Infrastructure to the City's wastewater treatment system pursuant to the City's Utility Standards Handbook. If this permitting is done before the currently under construction wastewater treatment plant, then all permits  shall be dry-line permits.  2. Location of Infrastructure  The Property Owners shall locate the Infrastructure in an area approved by the City, as  determined in the sole discretion of the City.  3. Connection of Infrastructure after Permitting  The Property Owners, after obtaining all required permits as stated in section 1, shall, at their sole cost and expense, connect to the Wastewater Treatment System pursuant to the  reasonable approval of the City's Utility Director.  4. Testing  The Property Owners shall, after connecting the Infrastructure, provide a satisfactory  pressure test at the Property Owners sole expense.  5. Easement  Before the Utility Transfer (as defined herein) the Property Owners, upon transfer of the Infrastructure, shall provide utility easements to the City, in a form acceptable to the City (with legal description and survey added for each easement), over the following properties: Collier County parcel numbers 26084760007 and 26084840008 (the "Utility Easements"). The utility easements must specifically include the area where the Infrastructure is located with sufficient additional space to maintain same as determined in the sole discretion of the City. A title opinion shall be provided for each easement and to the extent any  2of6    properties are encumbered, a subordination, consent, and joinder shall be provided in  favor of the Utility Easements.  6. Transfer of Infrastructure after Permitting, Connection, Testing, and 6.1. The Property Owners, after all required permits pursuant to section 1 have been obtained, after connection to the City's Wastewater System is completed, pursuant tos section 3, after providing a satisfactory pressure test result pursuant to section 4, and after providing to the City easements pursuant to section 5, shall grant, release, quitclaim, and transfer to the City title and ownership of the Property Owners' Infrastructure, which shall be located and situated entirely within the Utility Easements and the Chokoloskee Drive Right of Way by way of a bill of sale (the "Utility Transfer"). To the extent any dry-line permits are issued, the transfer of Infrastructure shall not take  Easements  place until the full permits are obtained by the Property Owners.  6.2. The City shall operate; and maintain the Infrastructure or a functional equivalent thereto as a component of the City's Wastewater Treatment System at no  less than its existing functional capacity.  7. Monetary Consideration  The City agrees to pay to each of the Property Owners a lump sum payment of $10.00, as full and valid consideration, by the execution of this Agreement the Property Owners  transfer of the Infrastructure to the City.  Such payment to be made within thirty (30) days after the Utility Transfer and receipt by the City of a bill of sale executed by the Property Owners for the Infrastructure, The amount constitutes full and complete payment for any and all of the interests transferred  under this Agreement.  8. Individual Connections  After the Utility Transfer, each Property Owner and any other person desiring and able to connect to the Infrastructure, shall comply with the City's ordinances regarding connection  and connection fees.  9. Authority to Bind Party  3of6    The Parties represent and warrant they are, authorized to enter into this Agreement and that they have the authority to perform the terms of this Agreement. Property Owners represent and that they have not sold, assigned, transferred, conveyed, or otherwise  disposed of all or any portion of the Infrastructure.  10. No Further Obligations  The obligations of the City and Property Owners are limited to those expressly set forth herein. This Agreement shall be construed to give rise to any further obligations on the  part of the Property Owners or City, express or implied.  11. No General Obligation  The obligations of the City set forth herein shall not be construed to be or constitute  general obligations, debts or liabilities of the City.  12. Remedies  Each party hereto shall have such remedies as are available pursuant to applicable law  for any breach or non-pertormance of the other party.  13.Governing Law  This Agreement shall be governed and construed in accordance with the laws of the State of Florida. Venue for any dispute shall be located in a civil court of competent  jurisdiction of Collier County, Florida.  14. Severability Partial Invalidity  The provisions of this Agreement are declared by the Parties to be severable, except for sections 1, 2,3, 4, and 5. If any part of this Agreement, other than sections 1,2,3, 4, and 5 shall be determined to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect, provided that the part of this Agreement thus invalidated or declared unenforceable is  not material to the intended operation of this Agreement.  15. Complete Integration  This Agreement incorporates and include: all prior negotiations, correspondence, conversations, agreements, understandings applicable to the matters contained herein and the Parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained herein. Accordingly, itis agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It Is further agreed that no modification, amendment, or alteration in the terns or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of  equal dignity herewith.  4of6    16. Disclaimer of Third-Party Beneficiaries; Joint Venture or Partnership This Agreement is solely for the benefit of the Parties hereto and no right or cause for action shall accrue to, or for the benefit of, any third party not a party hereto. This Agreement shall not be construed to create a joint venture or partnership between the  Parties hereto.  17.Ambiguities  The Parties have been allowed equal input regarding the terms and wording of this Agreement and had the benefit of consultation with legal counsel prior to its execution such that all language herein shall be construed equally against the Parties,  and no language shall be construed strictly against its drafter.  18. Headings  The headings or captions of sections or paragraphs used in this Agreement are for convenience of reference only and are not intended to define or limit their contents, nor are they to affect the construction of or to be taken into consideration in interpreting  this Agreement.  Signatures on following page.  5of6    IN WITNESS WHEREOF, the Parties have hereunto set their hands and seal effective of  the last date set forth below.  Property Owners  Garwin Brown Date:  Jody Brown Date:  Joannou Pavlo Date: City  Everglades City, Florida, a Florida municipality  By:  The Honorable Howie Grimm, Mayor  Date:  6of6    DEP AGREEMENTNO. HA003 CHANGE ORDERNO.2  Ny  GRANTEE: City of Bverglades City  R  PROJECTTITLE: City Pump Stations Rehabilitation  DEP Agreement No. HA003 (Agreement) entered into on June 20, 2023 is hereby revised as follows: WHEREAS, the Grantee has requested a change int task timelines within the Agreement period.  WHEREAS, the Grantee has requested an update to the Grant Work Plan.  NOW THEREFORE, thej parties agree as follows:  1,  Attachment 3-1, Revised Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment 3-2, Revised Grant Work Plan, as attached to this Change Order and hereby incorporated: intot the Agreement.. All references: int the Agreement to. Attachment 3 shall hereinafter  refer to. Attachment 3-2, Revised Grant Work Plan.  2.  All other terms and conditions of the Agreement shall remain unchanged.  The parties agree tot the terms and conditions oft this Change Order andi have duly authorized theirrespective  representatives to sign it ont the dates indicated below.  CITY OF EVERGLADES CITY  STATE OF FLORIDA DEPARTMENT OF ENYIRONMENTALPROTECTION Mitch Holmes, Program Administrator  By:  By:  Dorothy Joiner, Grantee's Grant Manager  Date:  Date:_  Kyleigh Revis, DEP Grant Manager  DEP Agreement No, HA003, Change Order No. 2,1 Page 1 of1    ATTACHMENT3- REVISED GRANT WORK PLAN  PROJECTTITLE: City Pump Stations Rehabilitation  PROJECTLOCATION: Thel Project willl be located int the City ofE Everglades City within Collier County; PROJECT BACKGROUND: Storm surge submerged the City of Everglades City's (Grantee) pump station wet wells and electrical panels, resulting in damage and significant inflow into the system. Some of this damage happened during the storm, but further deterioration and corrosion of the electrical components from the saltwater will continue: for months to come, In addition, the low wet well elevations and in some cases lack of portable generator plugs could result in overflowing of pump stations during storm events. The deteriorated condition oft the pump stations poses a threat toj public health as sanitary sewer overflows and sewer backups are likely to occur due to pump station malfunctions. The following pump stations are in need of repairs and are included in this project: Glades Haven, Fisherman's Cove, Partner's Cove, Estnary 1 and 2, Captain's Table, Everglades School, Seaboard Villas, Everglades Isle 1 PROJECT DESCRIPTION: The project consists of refurbishing and/or replacing the existing pump stations throughout the City. Thei improvements will: replace pump station components with morei resilient construction standards tor mitigate the effect offuture storm events. Thei improvements will be: aj permanent During the planning phase, detailed evaluations of each pump station will identify and define thes repairs andi improvements needed. The design phase will consist ofp preparingplansfspecs: and permitting activities. The construction phase will consist of contractor selection and construction activities. TASKS: All documentation should bes submitted electronically unless otherwise indicated.  Lat/Long (25.8572, -81,3847).  and 2, Park Village, Outdoor Resort, and Sunset Coye.  measure toi mitigate the public health and environmental risks.  Task 1: Preconstruction Activities  Deliverables: The Grantee will complete the design of each pump station and obtain all necessary permits for construction oft the project. The Grantee will also complete topographic surveys and Documentation: The Grantee will submit: 1)a final copy ofthe topographic surveys; 2)af final copy ofthe environmental assessments; 3) a signed acceptance of the completed work to date, as provided in the Grantee's Certification of Payment Request; and 4) a summary of preconstruction activities to date, indicating thej percentage of design completion for thet time period covered in the payment request. For the final documentation, the Grantee will also submita a copy ofthe design completed with the funding provided for this task and al list of all required permits identifyingi issue dates and issuing authorities. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee: may submit a payment request for cost reimbursement. noi more  environmental assessments.  frequently than monthly.  DEP. Agreement No. HA003, Attachment: 3-2, Page 1 of3    Task 2: Bidding and Contractor Selection  Deliverables: The Grantee will prepare al bid package, publish a public notice, solicit bids, conduct pre-bid meetings, and respond to bid questions in accordance with the Grantee's procurement process, to select one ori more qualified and licensed contractors to complete construction oft thej pump stations. Documentation: The Grantee will submit: 1) the public notice of advertisement for the bid; 2) the bid Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee: may proceed with payment request submittal. Payment Request Schedule: The Granteei may submitapayment: request for cost reimbursement following  package; and 3) a written notice of selected contractor(s).  the conclusion of the task. Task 3:1 Proiect Management  Deliverables: The Grantee will perform project management, to include field engineering services, construction observation, site meetings with construction contractor(s) and design professionals, and Documentation: The Grantee will submit interim progress status summaries including summary of Performance Standard: The Department's Grant Manager will: review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department' 's Grant Manager, the Granteei may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more  overall project coordination and supervision,  inspection(s), meeting minutes and field notes, as applicable.  frequently than monthly. Task 4: Construction  Deliverables: The Grantee will construct each ofther new] pump: stationsi in accordance with thec construction contract documents. The Grantee will submit through thel Department's GIS web-interface data collection tool, parcel-level data identifying collection system extensions; lift stations and other infrastructure associated with the grant; and both the parcels connected to sewer and the parcels where sewer has been made available for connection but not yet connected along with associated grant information. Documentation: The Grantee will submit 1) a copy of the final design; 2) a signed acceptance of the completed work to date, as provided in the Grantee's Certification of Payment Request; and 3) a signed Engineer's Certification of Payment Request; and 4) an email from the Department's GIS web-interface Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee: may submit aj payment request for cost reimbursement no more  data collection tool, confirming that data for the project has been submitted.  frequently than monthly.  DEP Agreement No. HA003, Attachment 3-2, Page 2 of3    PROJECTTIMELINE & BUDGET DETALL:  The tasks must be completed by, and all documentation received by, the corresponding task end date, Cost  reimbursable grant funding must not exceed the budget amounts as indicated below.  Task No. 1 2 3 4  Budget Category Contractual Services Contractual Services Contractual Services Services  Grant Amount  Task Start Task End Date  Task Title Preconstruction Activities Bidding and Contractor Selection Project Management Construction  Date  $250,000 01/30/2023 03/31/2025  $5,000 $60,000  01/30/2023 05/31/2025 01/30/2023 08/31/2025  Contractual $1,185,000 01/30/2023 08/31/2025  Total: $1,500,000  DEP Agreement No.HA00,Atachment 3-2,1 Page 3 of3    MCFARLANDJOHINSON 1111 12th Street, Unit 109B. Key West,FL33040  Phone: (321),431-7029 www.mjinc.com  November 01, 2024  ASNy  Ms, Dottie. Joiner, MMC Everglades City 102 Copeland Ave N Everglades City, FL34139 Ph.:239-695-0837  TR  Submitted via email: smalwood@clyofevergladesorg,accounting@rtydfeverglades.org  RE: Task Order # 3 Request I Scope and Fee Proposal for Preparation of Visioning and Conceptual  Plansi for a Multipurpose Community Center I Everglades City, FL  Dear Ms.. Joiner:  Mcfarland-Johnson, Inc. (MJ or "the Consultant") is pleased to submit our scope of services and fee estimate in response to your request and provide architectural and engineering services to Everglades City ("the Client"), in connection to the proposed elevated Multipurpose Community Center. This proposal ist based oni information provided byt the Client during site visit held on October: 15, 2024. Inthe following sections is presented a description of the services included, assumptions and associated fees for the: services to be rendered. Please browse through this proposal and contact us to discuss any questions  or comments' your may have, PROJECT DESCRIPTION  A.  The project consists of initiating a Visioning Process for a proposed development of an elevated Multipurpose Community Center tol be located att the existing McLeod Parki in Everglades City. The proposed Multipurpose Community Centerwould! be approximately 62f feet by: 1101 feet andy wills substitute the existing The general idea for the proposed elevated Multipurpose Community Center is to perform its current function on the ground floor, while the second floor would: serve: ast the Community Center proper. As per the: site meeting held on October 15, 2024, between the Consultant and the Client, the intent oft this initial phase and deliverable! is purely conceptual In nature forf funding request purposes by the Client. Once funding is identified, the Client will request a separate scope and fee proposal from the Consultant for the  structure. Seel Figure: 11 for Project Site,  next design development phases,    Ms. Dottie. Joiner  -2-  November 01, 2024  Figure1-Project: Site  Project Site  HibisousSTW  HaiscusSTE  Existing Structure ToBel Demolished.e  Cityl Hall  McLeod Park  Droadwa  Museym  Church  B.  SCOPE OF SERVICES  The followingi is our scope of work for traffic engineering support in connection to the site pian review.  Task 1. Collection of Background Information (Pre-Design)  The Consultant will initiate the due diligence phase research with a site visit, code review, and evaluation oft the Land Survey Plan (to be provided by the Client). Thet following is included as part of this task:  Request information to agencies having jurisdiction about their existing utilities near the project site. Request willl be made through FloridaSunshine 811. Delays in receipt of requested data couid  impact the delivery of this task.  Site visit by the Project Architect and Sr. Civil Engineer,  Review existing zoning, and applicable codes withj jurisdiction over the property and project site, Review and take into consideration existing conditions, site plan and park uses.  100% Employee-Owned Company    Ms. Dottie. Joiner  -3-  November 01, 2024  Identify utilities' connection points, stormwater management needs, existing zoning designation, GIS maps and existing Land Survey (tol be provided byt the Client) will be used for the preparation of  FEMAI Flood Zones fort the Conceptual Design. Visioning Plan and Conceptual Design.  Information collected int this task willl be usedi for the Visioning Plan.  Task 2. Visioning Process /Conceptual Plans  As per site the meeting held on October 15, 2024, the Visioning Plan for the elevated Multipurpose  Community Center willl be prepared in AutoCAD format, including thet following:  Ground Floor Second Floor with:  Covered space that will serve the same function as the existing covered terraces,  Room with tali ceilings fori indoor ball games. Restrooms Study Center with computer stations Office Space No! Kitchen nor Cooking Elevator  Ani initial set of Conceptuall FloorF Plans and Elevations willl bey prepared under Task: 2a and provided tot the Client for review, feedback and discussion via virtual meetings. Up to 2virtual meetings are assumed among the  Client, the Project Architect and Sr. Civil Engineer. Task 3. Final Visioning Plans, Elevations and Renderings  Comments received under Task2 2 will bei incorporated into al Task3 3, which will serve as thes set of drawings to be used by the City for their funding request and grant application for the proposed Multipurpose The deliverables for the Final Visioning Plans and Elevations may be presented via Plan and Elevation Drawings, Sections, and/or Renderings as deemed necessary to convey the General Concepts and Solutions  Community Center.  inavisually: stimulating manner.  Conceptual Floor Plan of all Stories Outside Building Rendering  Conceptual Elevations of various sides oft the proposed building Conceptual Building Sections (if deemed necessary byt the Project Architect)  These drawings will be presented to the Client via virtual meeting for approval. Minor adjustments will be  made in response to review comments received during the meeting with the Client.  100% Employee-Owned Company    Ms. Dottie. Joiner C.  November 01, 2024  SCHEDULE  The Consultant expects to start services promptly after receiving Client's acceptance Notice-ToProceed),a copy of the purchase order (PO) and electronic copy oft the Land Survey (PDF and AutoCAD).  Preliminarily, the following schedule is envisioned pert task:  Task 1. Collection of Background Information: 2Weeks Task 2. Visioning Process / Conceptual Plans: 2Weeks Task 3. Final Visioning Plans and Elevations: 3Weeks  The Client willl be responsible for ap prompt review of any document submitted by the Consultant ini relation  with this scope of services. ASSUMPTIONS  D.  The fees may have to be revised if the Project/Scope definition changes from the description presented in this document, unforeseen site conditions, additional project elements are added, or additional support is requested. Any change and/or technical support, other than those presented in this proposal, may result in an increase of the cost included herein. Any work, studies, additional support and/or expenses that are not described in this proposal will not be performed without an agreement between the Client and Consultant and authorized via Change Order by the Client. In addition, the following is not part of the Visioning and Conceptual Plans;  therefore, not included:  Construction Documents Interior Design Surveys and Environmental Studies Construction cost estimates Public Meeting or Hearing Attendance Signed and sealed plans  Permitting nor pre-application or meetings with regulatory: agencies  The Client willl be responsible for providing the Consuitant with available information required for the scope of work (e.g., land survey of the project site.). Client will provide pertinent data for the programing: andi type of uses fort the proposed Multipurpose Community Center. The Consuitant cannot warrant the accuracy of the documents, records, or reports prepared by This proposal is based ont thei information available at thist time. Ift the Client or the Owneri is aware of any specialized knowledge or experience that is a safety hazard or material to environmental conditions in connection with the project site, it is the Owner and Client's responsibility to bring itto the attention oft the Consultant. The Consultant does not assume control of or responsibility for the site or the person in charge of the site, or undertake responsibility for reporting to any federal, state or local public agencies any conditions at the site that may present a potential  others and to be used byt the Consultant.  danger to public health, safety or environment.  100% Employee-Owned Company    Ms. Dottie. Joiner D.  5-  November 01, 2024  COMPENSATION FOR SCOPE OF SERVICES  In thet table below is presented our lump sum feei fort the services tol ber rendered.  PREPARATION OF VISIONING AND CONCEPTUAL PLAN FOR Task: 1. Collection of Background Information (Pre-Design) Task: 2. Visioning Process /Conceptual Master Plan Task 3. Visioning Site Plan and Renderings (Final Conceptual Plan)  LumpSum Fees $9,008.62 $18,118.56 $20,445.10 $2,378.61  MULTIPURPOSE COMMUNITY CENTER  Project Adminitration  Total $49,950.89  The Consultant wil bill Client monthly in accordance with the terms of the Professional Engineering Surveying Services between the Client and the Consultant executed on March 05, 2024. Invoices shall be paid by the Client in accordance with Florida statutes and Everglades City rules. Timing of invoice payment We appreciate the opportunity to submit this scope of work and fee estimate, andl hope it meets withy your approval. Ifthere are: any questions, please dor not hesitate to contact me or David! R. Rosa at 305-705-4871  is not expected to exceed 45 days from the dayt thei invoice is submitted tot the Client.  or via email ati imafera@minc.com and drosa@miinc.com.  Verytrulyyours,  jehnMafera Vice President  ZNk  CC: Mauro! Barbosa, PE (MI) David R. Rosa (MI)  100% Employee-Owned Company    CITY OF EVERGLADES CITY NOTICE OF MEETING AND AGENDA Everglades City Council Mayor: Howell Grimm, Jr. Mayor Pro Tem: Vicky' Wells City Couneil Members:  TEN  Ny  T9  Michael McComas, Diana Valdes, Tony Pernas, Parker Oglesby City Attorney: Zach Lombardo*City Clerk: Dottie Joiner  THE CITY OF EVERGLADES CITY, WILL HOLD A CITY COUNCIL MEETING ONTUESDAY SEPTEMBER 3, 2024 AT 7:00 PM CONDUCTED HYBRID WITH SOME COUNCIL MEMBERS AND STAFF PRESENT: IN PERSON, COUNCIL CHAMBERS AT CITY HALL EVERGLADES CITY,  FLORIDA, AND OTHERS PRESENT BY VIDEO CONFERENCE  1.  CALLTO ORDER  Mayor Grimm called the meeting to order at' 7:00 pm. INVOCATION AND PLEDGE OF ALLEGIANCE City Attorney Zach Lombardo led the Pledge of Allegiance,  2.  Mayor Grimm gave the Invocation.  3.  ROLL CALL  Michael McComas, Diana Valdes, Vicky Wells, Tony Pernas, Parker Oglesby, Mayor Grimm, City Attorney Zach Lombardo, City Clerk Dottie Joiner, Assistant Karen Cochran.  4.  APPROVAL, ADDITIONS, OR DELETIONS TO. AGENDA  Councilperson Wells moyed-Counciperson Wells moved to take back her motion.  5.  REPORTS a. Mayor's Report  b. Acceptance of] Financial Statement/July 2024  Councilperson Wells moved to accept the PmancialSlatemetlaly 2024.  Counciperson McComas second. Discussion-None. Allinfavor.  C. Collier County Sheriff's Department Report Sgt Ruthie-See attached report. Mayor Grimm-Thank you for all you do. d. Greater Naples Fire District Report Chief Campbell-Seea attached report.    e. Utilities Report  Lloyd Beaty-We have taken on another man-very useful. Mayor Grimm-Thank you for all you do. Building Inspector/P & Z/Code Enforcement  Terry Smallwood-Will have regular P &Zand Code. Enforcement this month. Councilperson Pernas-Terry and Rick are going to be working on the street  Financial Administrators Report  Tammie Pernas-The environmental review has been submitted to HUD for approval-working Mayor Grimm-Maybe shift project to alternate to utilize for street repairs-next Monday open  on budget-wrapping up end of fiscal year.  bid on P3.  Councilperson Pernas-Terry and Rick are going to be working on the streets.  Mayor Grimm-Thank you Tammie.  6.  PRESENTATIONS None.  7.  PRIMARY BUSINESS  a. Consideration and approval of Resolution 2024-17/Tentative Millage Councilperson McComas moved to approve Resolution 2024-17/Tentative Millage.  Councilperson Pernas second. Discussion-None. Allinfavor.  b. Consideration and approval of Resolution 2024-18/Tentative Budget Councilperson Wells moved to approve. Resolution 2024-18/Tentative Budget,  Councilperson McComas second.  Discussion-Mayor Grimm-The budget will be on our website.  Allinfavor.  - Consideration and approval of Resolution 2024-21/No Suitable Lands for Affordable Housing  Councilperson McComas moved to open. Public. Hearing.  Councilperson Wells, second. Allinfavor. None,  City Attorney Zach Lombardo-Counct, any questions on city property? Councilperson Pernas made a motion to close the Public. Hearing.    Councilperson Wellssecond. Allinfuvor. Housing. Councilperson Wells second. Discussion- Allinfavor.  Councilperson McComas moved to approve Resolution 2024-21/No Suitable Lamdsfor-Affordable  d. Consideration and approval of Second Reading of Ordinance 2024-6/Amended Water Rate Councilperson Wells moved to approve the, Second Reading of Ordinance 2024-6/Amended Water  Rate.  Councilperson Pernas second.  Discussion- Allinfavor.  - Consideration and approval of Second Reading of Ordinance 2024-7/Amended Sewer Rate Councilperson McComas moved to approve the Second. Reading ofOrdinance 2024-7/Amended  Sewer Rate. Councilperson Wells second. Discussion- Allinfavor. Grinder Pumps  Consideration and approval of Second Reading ofOrdinance 2024-8/Regulations Regarding Councilperson Pernas made a motion to approve the Second. Reading of Ordinance 2024-  8/Regulations Regarding Grinder Pumps. Councilperson McComas second.  Discussion- Allinfavor. Funds  Consideration and approval of City Halll Roof Repair/ITB 24-2/State. Local Fiscal Reçovery Councilperson McComas moved to approve the ofCity Hall Roof Repair/ITB 24-2/State. Local  Fiscal. Recovery Funds. Councilperson Valdes second. Discussion- Allinfavor.    h. Consideration and approval of] Repairs to City Street Lighting ITB 24-3/FEMA Project Councilperson McComas made ai motion to reject all bids and go back out to bid on Repairs to  City Street Lighting ITB. 24-3/FEMA Project. Councilperson Wells second.  Discussion-Finance-Administrator Tammie Pernas-I recommend to, go back out to bid with  revised. ITB. Allinfavon  Consideration and approval of Recommendation for Contractor Selection/Gravity Sewer Councilperson Pernas made a motion to approve the Recommendation, for Contractor Selection/Gravily Sewer System Improvements/IB 24-4/FDEP Grant. Project.  System ImpemmMITB2HATD:: Grant Project  Councilperson Wellssecond. Discussion- Allinfavor.  Consideration and approval of Settlement Offer to Veolia  Councilperson McComas made a motion to approve the, Setflement Offer to Veolia wifh updated  dates. Councilperson Wells second. Discussion- Allinfavor.  k. Consideration and approval of monthly Retainage Fee/WPL  City Attorney Zach Lombardo-No adjustments since 2017 would like an increase to $8500 Councilperson McComas made a motion to approve the increase of monthly. Retainage Fee/WPL.  from $6500.  Councilperson Valdes-second.  Discussion- Allinfavor.  Consideration and approval of Everglades Farmer's Market Counciperson Pernas made a motion to table Everglades Farmer's. Market.  Counciperson McComas second.  Discussion- Allinfavor.    m. Consideration of] Bad Debts for 2023/2024 Councilperson McComas second.  Councilperson Wells moved to approve the Bad. Debts for 2023/2024.  Dacasion-Commaipenen Valdes abstainedfrom voting-kin to one ofdebtors.  4-yes.  n. Consideration of City Owned Dock Leases (6 month)  Councilperson Valdes made a motion to approve the City Owned. Dock. Leases (6 month). Daesion-Commepenen Oglesby questioning repairs of docks plus a lot more mangroves  Councilperson Pernas second.  interfering with the docks and the shoreline, Mayor Grimm-Terry will go check docks for repair. Councilperson Oglesby-The drainage ditches also.  City Attorney Zach Lombardo-Wil look into mangrove-submerget. land lease.  Allinfayor. PUBLIC COMMENT None.  8.  9.  APPROVAL OF MINUTES8--24 & 8-27-24  Councilperson Pernas made a motion to approve the minutes dated 8-6-24.  Councilperson Wells second. Discussion-None. Allinfavor.  Councilperson McComas moyed to approve the minutes dated 8-27-24.  Councilperson Valdes second. Discussion-None. Allinfavor.  10. CITYREPORIS a. Council Members:  Michael McComas-Nice to bel back at the table with everyone-good to bel home-the hole across  the way is huge with no tarp. Vicky Wells-No report. permanent.  Diana Valdes-October 261 is the Halloween party at the park.  Tony Pernas-Couple ofmarkers are down-Coast Guard put up temporary but will be doing  Mayor Grimm-Dottie said your mural from the water looks good.  Parker Oglesby-No report.    b. City Attorney comment did get heard. Mayor  Zach Lombardo-The saga on the Greenheart did get amended to include the airboats so your Mayor Grimm-We: are moving forward on a lot of projects-sewer plant a lot ofthings are being  fixed-back in fire station rebuild next week.  11. ADJOURNMENT  Councilperson McComas moved to adjourn the meeting at 8:10 pm.  Councilperson Valdes second. Discussion-None. Allinfavor.  ATTEST:  Dottie Joiner, City Clerk  Howell Grimm, Jr. Mayor  Michael McComas, Councilperson Diana Valdes, Councitperson Vicky Wells, Councilperson Tony Pernas, Councilperson Parker Oglesby, Councilperson    CITY OFEVERGLADES CITY EXTRAORDINARY CITY COUNCIL MEETING Everglades City Council Mayor: Howell Grimm, Jr. Mayor Pro' Tem: Vicky' Wells City Council Members:    Michael McComas, Diana Valdes, Tony Pernas, Parker Oglesby City Attorney: Zach Lombardo*City Clerk: Dottie Joiner  THE CITY OF EVERGLADES CITY WILLI HOLD Al REGULAR CITY COUNCIL: MBETING ON TUISDAYSEPTEMBER 17,2024 AT'5:30 PM CONDUCTED HYBRID WITH. A QUORUMOF COUNCIL MEMBERS PRESENT IN COUNCIL CHAMBERS AT CITY HALL EVERGLADES  CITY, FLORIDA AND OTHERS PRESENT! BY VIDEO CONFERENCE. Mayor Grimm called the meeting to order at 5:30 pm. 2. INVOCATION ANDI PLEDGE OF ALLEGIANCE Councilperson Oglesby led the) Pledge of Allegiance. Mayor Grimm gave thel Invocation.  1. CALLTOORDER  3. ROLLCALL  Michael McComas, Diana Valdes, Vicky Wells, Tony Pernas, Parker Oglesby, Mayor Grimm, City Attorney Zach Lombardo (by zoom), City Clerk Dottie Joiner, Assistant  Karen Cochran, See attached attendance sheets.  4. APPROVAL, ADDITIONS, OR) DELETIONS TO AGENDA  None.  5. PRIMARY BUSINESS  a. Consideration and Second Reading of Resolution: 2024-19/Final. Millage Councilperson McComas moved to approve the Second. Reading of Resolution. 2024-  19/Final Millage. Councilperson. Pernas second. Discussion- Alli infavor.  b. Consideration and Second Reading of Resolution 2024-20/Final. Budget Counciperson Wells moved to approve the, Second. Reading of Resolution 2024-  20/Final. Budget. Councilperson McComas second. Discussion- All infavor.    Consideration of negotiation ofP3 with FORTRESS SECURCD LLC Councilperson Oglesby made ai motion to approve the negotiation ofP3 with  FORTRESSSECURED, LLC. Councilperson Wells second.  Dscussor-Commalpenen Pernas-any timeline? City Attorney Zach Lombarde-Hopeluly by November.  Allinf favor.  d. Consideration of Change Order 1 for CPH's' Task. Authorization #11-1 USDA NEPA Councilperson Pernas made a motion to approve Change Order 1for CPH's Task  Environmental. Report  Authorization #I1- USDA NEPA Environmental. Report.  Councilperson Oglesby second. Discussion- Alli inj favor,  . Consideration of Change Order 1 for CPH Task Authorization #6 Effluent Study Counciperson McComas moved to approve Change Order 1for CPH Task  Authorization #6 Effluent Study. Councilperson Oglesby second. Discussion- Alli inj favor. PUBLICI COMMENT None, 7. CITYREPORTS a. Council Members: Michael Mcçomas-No report. Diana Valdes-No report.  Vicky Wells-Did we get a code enforcement person lined up? Mayor Grimm-No they decided not to do it and no one elsei is lined up: yet. Tony Pernas-On the dredging there will not be enough money to dredge thes smaller cut in thel Barron River just past City Seafood-the. Lions Club gave money for new plants  for the park. Parker Oglesby-No report. b. City Attorney Zach Lombardo-No report.    . Mayor  Mayor Grimm-September 24 @ 5:30 willl be the 2nd public meeting for the Adaptation and' Vuinerability Assessment-September: 27 & 28 is the Romp in the Swamp and  September 28+ is thel Blessing of the Fleet.  7. ADJOURNMENT  Councilperson. Pernas made a motion to adjourn the meeting,  Councilperson Wells second. Discussion-None. Alli infavor.  Dottie Joiner, City Clerk  Howell Grimm, Jr. Mayor Michael McComas, Councilperson Diana Valdes, Councilperson Vicky Wells, Councilperson Tony Pernas, Councilperson Parker Oglesby, Councilperson    CITY OF EVERGLADES CITY NOTICE OF MEETING AND AGENDA Everglades City Council Mayor: Howell Grimm,Jr. Mayor Pro Tem: Vicky Wells City Council Members:  gar  Ny  Michael McComas, Diana Valdes, Tony Pernas, Parker Oglesby City Attorney: Zach Lombardo*City Clerk: Dottie Joiner  THE CITY OF BVERGLADES CITY, WILL HOLD ANI EMERGENCY CITY COUNCIL MEETING ON MONDAY, OCTOBER 7, 2024 AT 4:00 PM WITH SOME COUNCIL MEMBERS AND STAFF PRESENT IN PERSON, COUNCIL CHAMBERS AT CITY HALL EVERGLADES CITY, FLORIDA, AND OTHERS PRESENT BY TBLEPHONE.  1. CALLTOORDER  Mayor Grimm called the meeting to order at 4:00 pm. INVOCATION, AND PLEDGE OF ALLEGIANCE Councilperson Pernas led thel Pledge of Allegiance. Mayor Grimm gave the Invocation.  2.  3. ROLL CALL  Diana Valdes, Vicky Wells, Tony Pernas, Mayor Grimm, City Attorney Zach Lombardo (by zoom), City Clerk Dottie Joiner, Assistant Karen Cochran.  Absent: Michael McComas & Parker Oglesby. See attached attendance sheets.  4.  APPROVAL, ADDITIONS, OR DELETIONS TO AGENDA  None.  5.  CONSIDERATION AND APPROVAL OF RESOLUTION 2024-22 DECLARING A STATE OF EMERGENCY: IN' THE CITY OF EVERGLADES Councilperson Valdes made a motion to approve. Resolution 2024-22 Declaring a State of Emergency in the City of Everglades City due to. Hurricane  CITYDUE' TOI HURRICANE MILTON  Milton.  Councilperson Wells second.  Discussion-Elaine Mildelslaedl-How much storm surge will we get?    Mayor Grimm-2 to 4feet.  Councilperson. Pernas-NOAA says 41 to 7and don'trule out 9. Mayor Grimm-lfanyone. is uncomfortable, please leave. Li Whittaker-ls there an area set up toj park in the city? Mayor Grimm-The bridge and Carnestown.  Lil Whittaker-We will be on patrol until 8:00 pm Wednesday night.  Allinfavor.  6. PUBLIC COMMENT None.  7.  ADJOURNMENT Councilperson Wells second. Discussion-None. Allinfavor.  Councilperson Valdes made a motion to adjourn the meeting at 4:15 pm.  ATTEST:  Dottie Joiner, City Clerk  Howell Grimm, Jr. Mayor  Michael McComas, Councilperson Diana Valdes, Councilperson Vicky Wells, Councilperson Tony Pernas, Councilperson Parker Oglesby, Councilperson    10/22/24,2 2:35F PM  City ofE Everglades City! Mail- FW: SERVICE OF COURT DOCUMENT CASEI NUMBER 2019CA00271001XZTme City OfEV...  Gmail  Dottie Smallwood Joiner dsmalwood@eilyofelyofeverglades.org"  FW: SERVICE OF COURT DOCUMENT CASE NUMBER 112019CA0029710001XX The City Of Everglades  City vs Hamilton, Joseph A Kaitlin Chylinski kchy.na-@wp-egalcom. To: Dottie Joiner dsmnallwood@dlyoleverglades.org, Howie Grimm Cc: Zach! Lombardo ombasdo@wp-agalcom  1message  Tue, Oct22,2024a at1 1:28F PM E  AGENDA  Good afternoon,  -RLNDER  Please see the attached order setting a Judicial Status Conference in the Hamilton civill lawsuit. Zach has requested that this be added as  an agenda attachment for his report tot the City Council.  Sincerely, Kaitlin Chylinski, CRPO PCCE Core Registered Paralegal Paralegal to Zachary W. Lombardo, Esq. Woodward, Pires &1 Lombardo, P.A. 32001 Tamiami Trail N., Suite 200 Naples, Florida 34103 Office: 239-649-6555 |Fax: 239-649-7342 KChylms@wp-egalcom.wwawp-ega.com WOODWARD. PIRES WPL &I LOMBARDO, P.A. ATTORNEYS AT LAW  EST: 1971  Facebook Linkedin! ITwitteri Instagram  Confidentiality Notice: Thist transmittal and any attachments may be a confidential attorney-client communication or otherwise privileged or confidential. Ify you are not thei intended recipient, we hereby notify) yout that youl have received this transmittal ine error; any review, dissemination, distribution, or copying of this transmittal Is strictly prohibited. lfyouh have received this transmittal and attachments ine error, please noltlfy us immedlately byr reply email ort telephone (call 239-649-6555): and promptly deletet this message and alll lts attachments from all mailboxes. FRAUD. ALERT - PLEASE. DOI NOT WIRE ANYI FUNDST TO OURI FIRMI UNLESS' YOU ORTHE SENDING, BANKI HAVE VERIFIED  THE WIRING. INSTRUCTIONS: DIRECTLY WITH OURI FIRM VIATELEPHONE From: eMcényuncaAn eservice@mylcourtaccess.com>  Sent: Tuesday, October 22, 20241 1:11 PM Notlce of Service of Court Documents Filing Information Fllingi #: Filing" Time:  Subject: SERVICE OF COURT DOCUMENT CASE! NUMBER 112019CA0029720001X4 The City Of Everglades City vs Hamilton, JosephA  209314081 10/22/20241 01:11:08 PMET  aoawwAwaNwp.ANN 1/3    10/22/24, 2:351 PM Fller: Court: Caset #: Court Caset #: Case Style: Documents Documents Title Document 1  City of Everglades City Mall- FW: SERVICE OF COURT DOCUMENT CASE NUMBER 2019CA0297A0Q0XXTe City OfE Ev...  Collier eFile Account: 239-252-8800 112019CA0029710001XX 11-2019-CA-002971-0001-XX  Twentieth Judicial Judicial Circuiti ine and for Collier County, Florida  The City Of Everglades City vs Hamiton, JosephA  Click on the file namel below to download orp print your document NOW. The link expires in 14 days  File  1209CA0097.000XX Civil- Order Selting JSC.pdf  E-service recipients selected fors service:  Name Collier eFile Account Delores! Hamilton  Emall Address cokelling@agis20org bor@hamlonbydaw.om hamlaw@aol.com sbombardo@up-egal.com dlabadle@wp-egalcom oleman@wp-egalcom senvice@wpHegal.com Zombaruo@mp-egalcom complon@wp-egal.com on@hamlonydaw.com hamiaw@aol.com dombardo@wpegal.com MBecema@wp-egal.com senvice@wp-lgal.com ooleman@clemanit.om gonlco@oolemanl.com combaruo@up-egalcom kahlylns@wplegalcom  James Christopher Lombardo Joseph M. Coleman  Zachary Weils Lombardo Delores Hamilton  James Christopher Lombardo  Joseph M. Coleman  Zachary' Wells Lombardo  eMpAaAAwONA----.wAyETNNSN 2/3    10/22/24, 2:35 PM Name  City ofE Everglades City Mall- FW: SERVICE OF COURTI DOCUMENT CASE NUMBER 2P18CA00P7ACQ0XXTAe City OfEV..  Email Address chansy@wp-legal.com aslyplyoos@pmatcon lalexancer@eag20org Email Address  Mistie Dawn Burris Tammy Alexander Name No Matching Entries  E-service recipients not selected for service:  This is an automatic email message generated by the Florida Courts E-Filing Portal. This email address does not receive email. Document. Access Link(s) will be active for 14 days (excluding weekends) after the Clerk accepts the submission or iti is abandoned. In addition to access to the link for 14 days (excluding weekends), the documents will also be available, after acceptance by the Clerk, to counsel of record in the portal on the My Cases page, by clicking on the case number and then Ify you are not associated with this case and wish to be removed, please click here to request to be removed from the E-service list.  the document name, or by accessing the Clerk's website,  Thank you,  The Florida Courts E-Filing Portal  The following identifier(s) are associated with this transaction: PELOP203NOBIAuaNAGA7IPPAESGNLDA02P700IXX  t 2024-10-22 Order Setting. JSC.pdf  1755K  ahapshaa.aNw---..AytMTANESe 3/3    Filing # 209314081 E-Filed 10/22/2024 01:11:08 PM  INTHE CIRCUIT COURT OF THETWENTIETHJUDICIALCIRCUT  IN ANDI FOR COLLIER COUNTY,ELORIDA  CIVIL ACTION  THE CITY OF EVERGLADES CITY  Plaintiff(s), VS. JOSEPH AI HAMILTON Defendant(s).  CASEI NO: 11-2019-CA-002971-0001-xx  ORDER SETINGJUDICIALSTATUSCONTRENCE  THIS CAUSE having come before the Court and the Court having reviewed the file and ORDERED AND ADJUDGED that the Court twill call this action upi foraJudicial: Status Conference as to all open issues of the case (Stayed Pending Resolution of Collier County Probate Case 19-CP-2639) before the Honorable Joseph G. Foster, Circuit Court Judge at the Collier County Courthouse, 3315 East Tamiami Trail, Court Room TBD, Naples, Florida 34112 on7 Tuesday, April 1,2025 at 1:30 P.M., or soon thereafter as the matter can be heard. Counsel should be prepared to discuss scheduling, deadlines, disclosures, mediation/arbitration, and trial setting. Five (5) minutes have been set aside for this conference. All el-representca-partes and counsel of record shall remotely appear (via ZOOM)(See Judge's website for ZOOM information). The Judicial Status Conference shall not be cancelled absent express written permission by the Court. Failure to appear at the Judicial Status Conference may resulti in ac dismissal of this action and/or answers and affirmative defenses, if any, be stricken. Parties may further have. to show cause as to why other relief, as the Court deems appropriate,  being otherwise fully advised in thej premises, iti is hereby  including but not limited to sanctions, should not be entered.  DONE. AND ORDERED in Chambers, in Naples, Collier County, Florida on this  22nd day ofOctober, 2024.  Ao2rtax1310:54 ,0PCA0292LO0IXX JosephG. Fosier, Circuit Court Judge UJ06PIVM 11-2019-CA-002971-4 -0001-XX 10/22/2024 13:10:54 Joseph G. Foster, Circuit CourtJudge  1    Electronic Service pere e-Portal Service List: Collier eFile Account colclimgecagi.at  Delores Hamilton dot@hmivabydwanivealcon James Christopher Lombardo mhaa@wlyla,aa-ea Joseph M. Coleman Salmm@wlgiow,semiey-egpisan Zachary WellsLombardo dmia@eglawdoyéPegla Delores Hamilton Kori@hamiltonbyrdaw.com,dlhamtaw@aol.com> James Christopher Lombardo dmhaadwlgl,a, Joseph M. Coleman codemam@dlemmlitcom, servcegcolcmanlitcon Zachary Wells Lombardo lombardo@mp-egalcom,acyiminski@wp-egal.com,  service@mp-egal.com Gkumsy@mp-tgpi.com  Mistie Dawn Burris deyplpceealoan Tammy. Alexander aceuamcerecagiuot  AMERICANS WITHDISABILITIES. ACT  "IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, ATNO COST TO YOU, TOTHE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT CHARLES RICE, ADMINISTRATIVE SERVICES MANAGER WHOSE OFFICE IS LOCATED AT 3315 EAST TAMIAMI TRAIL, SUITE 501, NAPLES, FLORIDA, 34112 AND WIHOSE TELEPHONE NUMBER IS (239)252-8800 ATLEAST7DAYS. BEFORE YOURSCHEDULEDCOURT APPEARANCE, OR IMMEDIATELY UPON RECEIVING THIS NOTIFICATION IF THE TIME BEFORE THE SCHEDULED APPEARANCE IS LESS THAN 7 DAYS; IF YOU ARE HEARING OR  VOICE IMPAIRED, CALL711."  2    Florida Department of Revenue Property Tax Oversight  Jim Zingale Executive Director  FZ  FLORIDA October 24, 2024  5050 West Tennessee Street, Tallahassee, FL: 32399  floridarevenue.com  Howell Grimm, Jr., Mayor City of Everglades City Post Office Box 110 Everglades City, FL: 34139  RE: Truth in Millage (TRIM) Certification  Dear Mr. Grimm, Jr.:  The Department of Revenue (Department) has reviewed the millage certification documents submitted by your taxing authority. The Department found no violation of the certification requirements in subsections 200.065(1)-(4), (6)-(12), (14), and (15), Florida Statutes (F.S.), and The Department also reviewed the maximum millage levy calculation final disclosure documents submitted by your taxing authority. The review included millage levying process documents and documents relating to the total taxes levied by your principal taxing authority, dependent special districts and municipal service taxing units (for counties). Based on the review of these documents, the Department determined that your taxing authority is in compliance with the requirements of maximum total taxes levied, and thus the maximum millage levy requirements  therefore accepts the certification.  of section 200.065(5), F.S. Sincerely,  Reme &ewvo Rene Lewis, Program Director Property Tax Oversight GSH#21.07