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Agenda 11/13/2012 Item #16B111/13/2012 Item 16.6.1. EXECUTIVE SUMMARY Recommendation. that the Board of County Commissioners acting as the Community Redevelopment Agency (CRA) approve the attached Site Access Agreement between the CRA in Immokalee (Owner) and Stevens & Layton, Inc. (Contractor) allowing said Contractor to store its materials and equipment in conjunction with the Boston Avenue Sidewalk Improvement Project (County Project #11- 5674). The site location is at the southwest corner of South 9th Street and Main Street in Immokalee (folio number 00122840009). OBJECTIVE: To receive approval from the BCC acting as the CRA of the attached Site Access Agreement between the CRA in Immokalee (Owner) and Stevens & Layton, Inc. (Contractor) allowing said Contractor to store its materials and equipment in conjunction with the Boston Avenue Sidewalk Improvement Project (County Project 411- 5674). The site location is at the southwest corner of South 9th Street and Main Street in Immokalee (folio number 00122840009). CONSIDERATIONS: The Collier County Transportation Department was awarded a Local Agency Program (LAP) grant up to the amount of $358,800.00 by the Florida Department of Transportation (FDOT) to fund the construction of new sidewalks on Boston Avenue in Immokalee from South First Street to South Ninth Street. On May 24, 2011 (agenda item 416AII) the Collier County BCC approved the issuance of Collier County Contract #11 -5674 in the amount of $152,353.55 to Stevens & Layton, Inc. of Fort Myers, Florida for the construction of said sidewalk infrastructure improvements. The Boston Avenue Sidewalk project (F/N 4425556) was awarded in May 2011 and was subsequently delayed to allow the Immokalee CRA to finish their drainage project along Boston Avenue. If the sidewalk was installed in the summer of 2011, it would have been torn up by the Immokalee CRA to install drainage. The Notice to Proceed for the sidewalk contractor, Stevens & Layton, Inc, was issued on August 31, 2012. Because this project is a Local Agency Program (LAP) project, it must be completed by 12/31/12 to meet state compliance. The Contractor is requesting permission to use the subject CRA owned parcel of land, which is just outside of the projects geographic limits, in order to store materials and equipment associated with the execution of this project. The attached Agreement outlines the Contractors responsibilities for the duration of the Agreement. FISCAL IMPACT: There is no fiscal impact with this action. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is legally sufficient, and requires majority vote for approval. -JAK GROWTH MANAGEMENT IMPACT: The subject sidewalk improvements further the programs and projects within the budgetary and policy guidance and directives of the Community Redevelopment Agency and the Board of County Commissioners in furtherance of Packet Page -1820- 11/13/2012 Item 16.13.1. Policy 4.2 of the Future Land Use Element of the Growth Management Plan which reads as follows: " * ** *The Immokalee Area Master Plan addresses conservation, future land use, population, recreation, transportation, housing, and the local economy. Major purposes of the Master Plan are coordination of land uses and transportation planning, redevelopment or renewal of blighted areas, and the promotion of economic development." RECOMMENDATION: Recommendation that the Board of County Commissioners acting as the Community Redevelopment Agency (CRA) approve the attached Site Access Agreement between the CRA in Immokalee (Owner) and Stevens & Layton, Inc. (Contractor) allowing said Contractor to store its materials and equipment in conjunction with the Downtown Immokalee Stormwater Improvement Project. The site location is at the southwest corner of South 9th Street and Main Street in Immokalee (folio number 00122840009). Prepared By: Bradley Muckel, Project Manager, Immokalee CRA Attachments: 1. Site Access Agreement with Aerial Map Depicting CRA Land and Project Area 2. Contractor's Insurance Certificate Packet Page -1821- 11/13/2012 Item 16.8.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.13.1. Item Summary: Recommendation that the Board of County Commissioners acting as the Community Redevelopment Agency (CRA) approve the attached Site Access Agreement between the CRA in Immokalee (Owner) and Stevens & Layton, Inc. (Contractor) allowing said Contractor to store its materials and equipment in conjunction with the Boston Avenue Sidewalk Improvement Project (County Project #11- 5674). The site location is at the southwest corner of South 9th Street and Main Street in Immokalee (folio number 00122840009). Meeting Date: 11/13/2012 Prepared By Name: MuckelBradley Title: Project Manager, 10/26/2012 4:02:37 PM Submitted by Title: Project Manager, Name: MuckelBradley 10/26/2012 4:02:39 PM Approved By Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management & B Date: 10/29/2012 4:24:15 PM Name: PhillippiPenny Title: Executive Director, Immokalee CRA, Date: 10/31/2012 4:47:41 PM Name: KlatzkowJeff Title: County Attorney Date: 11/1/2012 10:59:13 AM Packet Page -1822- Name: KlatzkowJeff Title: County Attorney Date: 11/1/2012 11:11:21 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 11/1/2012 3:50:14 PM Name: OchsLeo Title: County Manager Date: 11/5/2012 12:27:57 PM Packet Page -1823- 11/13/2012 Item 16.13.1. SITE ACCESS AGREEMENT DATE: November 13, 2012 11/13/2012 Item 16.13.1 THIS AGREEMENT made and entered into between Stevens and Layton, Inc, a Florida Corporation, residing at 11260 Palm Beach Boulevard, Fort Myers, Florida 33905 (herein called the Contractor) and PROPERTY OWNER: Collier County Community Redevelopment Agency (CRA) - Immokalee ENGINEER: Q. Grady Minor PROJECT: Boston Avenue Sidewalk Improvements LOCATION: Immokalee, Collier County For and in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt whereof is hereby acknowledged, the property Owner and the Contractor have jointly negotiated, drafted and agreed as follows: Agreement: (a) Collier County CRA, Immokalee, will allow Stevens & Layton to store project related materials, house equipment and temporarily park vehicles for the above mentioned project on their property located on the SW corner of Main Street (SR 29) and South 90' Street in Immokalee (see highlighted area of aerial photograph below). (b) This Agreement will remain in place until final completion of the project, which could occur on or before March, 2013. (c) Contractor agrees to restore the property to its original state, which may include, but not be limited to, grading any tire "ruts" left be equipment/vehicles, sodding/fertilizing/watering -in of any grass areas killed by vehicles, clean up of any vehicular fluids, etc. (d) Contractor and its partners will not damage any of the exiting trees or other vegetation located on the site without prior written approval by the CRA Executive Director. (e) Contractor will NOT change equipment/vehicular fluids or perform equipment maintenance of any kind on the subject CRA property. (f) All stored materials will remain the responsibility of the Contractor until such time as the materials are installed and become part of the finished County sidewalk improvement product. Also, no materials will be paid for by the Owner until such time as the materials have been installed into the finished sidewalk system and invoiced at 100% of their contracted value. Invoices for stored materials will be rejected by Owner. (g) Contractor agrees to carry, and provide written proof of prior to construction commencement, the following minimum insurance coverage throughout the duration of this Agreement: a. Auto: $1,000,000 b. General Liability: $1,000,000 c. Workers Compensation Statutory with Employer Liability of $1,000,000 Packet Page -1824- 11/13/2012 Item 16.6.1. Legal Description: 4 4729 N 538FT OF E1 /2 OF E1 /2 OF NE1 /4 OF NEIA OF SWI /4 LESS R/W, S 122FT OF E1 /2 OF NE1 /4 OF NEl/4 OF (Map of area as seen on the Collier County Property Appraiser website) IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first written above. Packet Page -1825- CONTRACTOR Stevens and Layton, Inc. Signed and delivered in our presence as witnesses: Name (print or type) Title Witness As to Contractor Signature Date Witness As to Contractor Packet Page -1825- ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk form and legal sufficiency: , County Attorney 11/13/2012 Item 16.B.1. PROPERTY OWNER Collier County CRA Commissioner Donna Fiala,. CRA Chair Name (print or type) Title Signature Packet Page -1826- Date e 11/13/2012 Item 16.x.1. - ift.,°R° CERTIFICATE OF l_t0R11 ITV IwcI IRANrrc I DATEP010YYI -M THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: It the certificate holder is an ADDITIONAL INSURED, the policy(Ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER !� Wendy HingsOn Valenti Trobec 6 Woody, Inc. PHONE 239_275 -8226 FAx 239- 273-ee37 4110 Center Point Drive E404L .whingaon @vtwins,cam Suite 215 INSURE AFFORDING COVERAGE NAtC to Fort Myers, FL 33916 MMURERA•Travelers Indemni Co A INSURED 25674 Stevens & Layton, Inc. INS RER B ;Travelers PEOPOrtY Casualty Co. ('� I n 't4-;�'� � f( jj /26/2012 11260 Palm Beach Blvd INSURERC., S 11000,000 EXP (ArW one wwn . $ 300,000 Fort Myers, Florida 33905 INSURER D PERSONAL 6 ADV INJURY S 11000,000 INSURER INSURER F t COVERAGES raft -nc,w . �� . - REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY EXP Lam GENERAL LIABILITY A X COMMERCIAL GENERAL LIABILITY CLAWIS -MADE OCCLO2 X ^ {�� j' ('� I n 't4-;�'� � f( jj /26/2012 /26/2013D EACH OCCURRENCE S 11000,000 EXP (ArW one wwn . $ 300,000 S 51000 PERSONAL 6 ADV INJURY S 11000,000 GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER 7 POLICY F7 PRO- LOC PRODUCTS - COMP/OP AGG $ 2,000,000 S A AUTOMOBILE X LIABILITY ANY AUTO ALL SCHEDULED HIRED AUTOS AUTOS TB10- 73118822 /26/2012 /26/2013 COMBINED SINUM L 8001LY INJURY 1>'r Ps�l) 11000,000 L s BODILY INJURY (PrWddm) s PROPERTY MUM Par = Medical s M EACH OCCURRENCE A X UMBRELLA LIAB X OCCUR EXCESS LIAB CLAWS-MADE -SM -CLIP- 73118822 /26/2012 /26/2013 $ 2 000 s 4,000,000 AGGREGATE s 4,000,000 D D I X I RETENTIONS 10,00 $ - WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/ERECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory b N.H) IF yes. describe antlr DESCRIPTION OF OPERATIONS below N/A WC STATU I Ir OTH E.L EACH ACCDENT S E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LUT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Addiha sm al Rrks Scheduh, I morre space is raWlnd) "For any and all work performed on behalf of Collier County" Collier County Board of County Commissioners, Naples, Florida, are added as Additional Insureda with respects to General Liability. Waiver Of Subrogation is included for General Liability. Umbrella coverage noted above overrides all other insurance limits shown on this certificate. Thirty (30) day notice of cancellation shall apply. Collier County Board of County Commission 3301 Tamiami Trail East Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED ---W w LLV 1 °1Jr 01988 -2010 ACORD CORPORATION. All rights reserved. INS026 poioos).o1 The ACORD name and logo are registered marks of ACORD Q Packet Page -1827-