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Backup Documents 02/28/2012 Item #14B 8S 14 BA ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Ian Mitchell (line #5). Route to Addressee(s) (List in routing order) Office Initials Date I. r J Agenda Item Number L;j 2. CnA&r 3. y S SS -� /�e� I "flee`" (��a;l Number of Original Ian Mitchell, Executive Manager Board of County Commissioners ",e�7 3 �5�17 Trish Morgan Clerk's Minutes and Records qm PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Ian Mitchell, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Contact l / 1 Phone Number `'6 % '� /� �cs(c ac s' S C� U Agenda Date Item was Fe � D1 � ,)-- Agenda Item Number L;j Approved by the BCC CnA&r Type of Document y S SS -� /�e� I "flee`" (��a;l Number of Original Attached Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04 �u Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's sifznature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. Return 1 fully executed copy to Luc ' < I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04 �u mffeol� EXECUTIVE SUMMARY Recommendation to the Board of County Commissioners acting as the Community Redevelopment Agency (CRA) to approve the attached Site Access Agreement between the CRA in Immokalee (Owner) and Douglas N. Higgins, 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). OBJECTIVE: To receive approval from the BCC acting as the CRA of the attached Site Access Agreement between the CRA in Immokalee (Owner) and Douglas N. Higgins, 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). CONSIDERATIONS: On September 17, 2010 the Immokalee CRA was awarded a Disaster Recovery Initiative Grant by the Collier County Department of Housing, Human and Veteran Services Department to fund the construction of the Immokalee Downtown Stormwater Improvement Project (Grant Agreement # l 0DB- D4- 09- 21- 01 -K09). On January 24, 2012, during its regular agenda (agenda item #13132), the Collier County BCC approved the issuance of Collier County Contract #11 -5709 in the amount of $2,718,000 to Douglas N. Higgins of Naples, Florida for the construction of said stormwater infrastructure improvements. 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 Executive Summary has been reviewed by the County Attorney's office and has been found legally sufficient for Board action. A majority vote is required for approval. -STW GROWTH MANAGEMENT IMPACT: The Immokalee Storm Water Master Plan furthers 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 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." ADVISORY BOARD RECOMMENDATION: During its regular February 15, 2012 meeting, the Immokalee Local Redevelopment Advisory Board recommended to approval of this Site Access Agreement to allow DN Higgins to store project related materials and equipment on CRA owned property at the intersection of Main and South Ninth Streets. RECOMMENDATION: Recommendation to the Board of County Commissioners acting as the Community Redevelopment Agency (CRA) to approve the attached Site Access Agreement between the CRA in Immokalee (Owner) and Douglas N. Higgins, 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 2. Aerial Map Depicting CRA Land and Project Area SITE ACCESS AGREEMENT DATE: February 28, 2012 [Mel;M THIS AGREEMENT made and entered into between Douglas N. Higgins, Inc. (DN Higgins), a Florida Corporation, 4485 Enterprise Avenue, Naples, Florida 34104 (herein called the Contractor) and PROPERTY OWNER: Collier County Community Redevelopment Agency (CRA) - Immokalee ENGINEER: CDM Smith PROJECT: Immokalee Downtown Stormwater 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 DN Higgins 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 9th Street in Immokalee (see highlighted area of aerial photograph below). (b) This project is scheduled to begin construction on or about February 23, 2012. This Agreement will remain in place until final completion of the project, which is expected to occur in October, 2012. (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 stormwater product. Also, no materials will be paid for by the Owner until such time as the materials have been installed into the finished stormwater infrastructure 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 b►J0- ! Legal Description: 447 29N 538FT OF E1 /2 OF E1 /2 OF NE1/4 OF NEIA OF SWIA LESS R/W, S122FT OF E1 /2 OF NE 1/4 OF NE 1/4 OF (Map of area as seen on the Collier County Property Appraiser website) IN WITNESS WHEREOF, the parties hereto have executed this subcontract the day and year first written above. CONTRACTOR Douglas N. Higgins, Inc. Signed, sealed and delivered in our presence as Daniel Higgins, Vice President of Operations Name (print or type) Title witnesses: i s onKactor G�ac L Si nature Date Witness As to C11 ontr for 14 ✓VlGty 6— L.� 1J, �J 5/1 Z- pN��- PROPERTY OWNER Collier County CRA DWIGHT E.;B9QG Clerk Commissioner James N. Coletta, CRA Chair ✓r Name (print or e) _T4 t IC Signat6fle Date Approved as to .form'and legal sufficiency: ti 6 _ UL/ C Steven Williams, Assistant County Attorney, Collier County, Florida �J 5/1 Z- pN��- CRA Land in Relation to Proiect Area