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Agenda 07/22/2025 Item #16B 1 (License Agreement w/Hardesty & Hanover Construction Services, LLC for the duration of the 16th St. NE Bridge Project)7/22/2025 Item # 16.B.1 ID# 2025-2033 Executive Summary Recommendation to approve a License Agreement with Hardesty & Hanover Construction Services, LLC to allow occupancy of the demised premises at 1080 16th Street NE, Naples, FL for the duration of the 16th St. NE Bridge project for the purpose of an on-site field office. OBJECTIVE: To allow occupancy of the demised premises at 1080 16th Street NE, Naples, FL for the duration of the project for the purpose of an on-site field office for the 16th St. NE Bridge Project. CONSIDERATIONS: On October 22, 2024, the Board of County Commissioners (the "Board"), approved the CEI contract for the 16th Street NE Bridge project. The project consists of constructing a bridge over the Golden Gate Canal and widening approximately 3.3 miles of 16th Street NE from Golden Gate Boulevard to Randall Boulevard. A six-foot sidewalk will be constructed to the west of the roadway. The typical section of the proposed bridge consists of two twelve-foot travel lanes, with a six-foot shoulder and a six-foot sidewalk on the west side and a twelve-foot shoulder on the east side of the bridge. The contract for the CEI services for the 16th Street NE bridge includes $84,000 for the County compensating the firm for a field office/utility, which is a typical practice. It was determined the County could save funding by providing the demised premises, which are located within the project limits, to the firm for an on-site field office. The County will be co-sharing this office with the consultant, and it is anticipated for the consultant to use roughly 200 square feet of space. Co-sharing the office with Transportation Engineering staff will enable the County to utilize the property for continuing construction projects that are planned in the future for Golden Gate Estates and eastern Collier County. The proposed License Agreement is for occupancy of the demised premises by Hardesty & Hanover until such time that the 16th St. NE Bridge Project is completed. The County’s License Agreement is proposed with notable terms: 1) Allow for continued occupancy until either party provides thirty days’ written notice to terminate. 2) Tenant is responsible for paying $1.00 monthly as a license fee towards monthly water and electric service. 3) Demised premises shall be open and operational for business Monday through Friday during the hours of 7:00 AM thru 5:00 PM unless abridged hours are approved by Transportation Engineering Staff with at least 24 hours advance written notice. 4) County Transportation Engineering staff will co-share the use of the property for other County construction projects. This item is consistent with the Collier County strategic plan objective to design and maintain an effective transportation system to reduce traffic congestion and improve the mobility of our residents and visitors FISCAL IMPACT: The monthly contribution of $1.00 shall be deposited into Fund 3081 for Project No. 60212. GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the Long-Range Transportation Plan and Objective 1 of the Transportation Element of the Collier County Growth Management Plan to maintain the major roadway system at an acceptable Level of Service. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires a majority vote for approval - SAA RECOMMENDATIONS: To approve the License Agreement with Hardesty & Hanover Construction Services, LLC and authorize the Chairman to sign the attached Agreement. PREPARED BY: Matthew Thomas, P.E., Supervisor of Project Management, Transportation Engineering Division Page 17 of 808 7/22/2025 Item # 16.B.1 ID# 2025-2033 ATTACHMENTS: 1. Signed License Agreement w-Exhibit Page 18 of 808 LICENSE AGREEMENT THIS LICENSE AGREEMENT entered into this dav of 2025, betrveen Hardesty & Hanover Construction Services, LLC, whose mailing address is 950 Tamiami Trait, Unit I04, Port Charlotte, Florida 33953, hereinafter referred to as "Licensee," and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, whose mailing address is, in care of, Real Property Management,3335 Tamiami Trail East, Suite l0l, Naples, Florida 341 12, hereinafter referred to as "Licensor." WITNESSETH In consideration of the mutual covenants contained herein- and other valuable consideration. the parties agree as follows: AR'IICLE l. Demised Premises Licensor hereby offers to Licensee and Licensee hereby accepts from Licensor the use of approximately 200 square feet of space inside the structure at 1080 l6'h Sreet NE, Naples, FL 34120, as shown in Exlibit "A," which is attached hereto and made a part of this License, hereinafter called the "Demised Premises," situated in the County of Collier and the State of Florida, for the sole purpose of an on-site project field office. This License Agreement may be amended from time-to-time, by the County Manager, or his/her designee, if the Licensee shall not be available to provide the services included herein, and a replacement Licensee may be selected and not require approval by the Board ofCounty Commissioners. ARTICLE 2. Term of License Licensee shall have and hold the Demised Premises beginning on the date Licensor executes this License, hereinafter referred to as the "Effective Date," and continuing for trvelve months thereafier. This License term shall renew automatically unless otherwise terminated at an earlier date by either party as provided for within this License. ARTICLE 3. Compensation Licensee shall provide Licensor a minimal monthly license fee of $ I .00 throughout the life of this License, as a contribution towards Licensor's costs for wifi / internet service, utilities and maintenance. ARTICLE 4. UIiIit\, EX penscs Licensor shall provide rvater and electric service to the Demised Premises. Licensee shall provide its own telephone, communications, and computer systems. @ This License is not a Lease and no part of the property, building or equipment therein is being leased to the Licensee. The Licensee is not a tenant. The Licensee's right to operate at the Demised Premises shall continue only as long as the Licensee's operation complies with the provisions ofthe terms and provisions contained in this License. Nothing contained in this License shall create or be construed as creating a partnership between the Licensor and Licensee and Licensee is not an agent ofthe Licensor. Page 19 of 808 Either Licensor or Licensee may terminate this License in its entirety by providing the other party with thirty (30) days prior written notice to the address set forth in ARTICLE 20 of this License. Said notice period shall commence upon placement ofthe written notice in an official depository ofthe United States Post Office, Registered or Certified Mail, Postage Prepaid. ARTICLE 6. Caretakins Licensee shall be responsible to maintain the Demised Premises and the immediate area sunounding the exterior that may be used by the Licensee, in a neat, orderly and safe manner at all times. Licensor shall be reponsible to make repairs to th€ plumbing, electrical and air-conditioning systems and the interior and exterior structure of the Demised Premises. Licensor shall allow Licensee to use the refrigerator and any kitchen appliances contained within the Demised Premises at the commencement ofthis License and Licensor shall be responsible for the maintenance and repair ofthat equipment. ARI'ICLE 7. l.icensee's Restrictions Licensee shall obtain and pay for all necessary permits and licenses to conduct business at the Demised Premises and comply with all laws governing the responsibilty of an employer with respect to persons employed by the Licensee. State of Florida Division of Corporations Registration, (certifcation required for all employees). . Demised Premises shall be open and operational for business Monday through Friday during the hours of 7:00 AM thru 5:00 PM. o Licensor shall provide all garbage and trash recepticals within the confines of the Demised Premises, including Licensee's access to a dumpster. The Licensor has a recycling program in place and the Licensee shall make every effort to comply with that program with the disposal of containers and other recycled materials. . Licensee shall not conduct any speical events at the Demised Premises without first obtaining Licensor's written permission. e Licensee shall not park any vehicles ovemight at the Demised Premises .o Licensee shall not store any products or equipment ovemight outside ofthe Demised Premises.o No tobacco, tobacco-related, alcohol, or alcohol-related products or advertising shall be permifted. Licensor's Access to Demised Premises Licensor, its duly authorized agents, representatives, and employees, shall have the right to enter into and upon the Demised Premises, or any part thereof at any time, with reasonable notice to Licensee, for the purpose of inspecting the Demised Premises to ensure that same is being maintained according to Licensor's standards and to ensure the initial inlenl and approved use ofthis License. ARI'ICLE 8. 2 @ ARTICLE 5. Termination Upon the natural expiration or earlier termination of this License, the Licensee shall peaceably and quietly quit and sunender to Licensor the Demised Premises in good order and condition, subject to the other provisions of this License. Page 20 of 808 ARTICLE 9. Other Expenses Licensor shall be responsible for the payment of all charges related to the Licensee's operation at the Demised Premises, which may include, structural repairs and maintenance, pest control, landscaping. landscape maintenance and electricity used in connection with the activities of Licensee during the term of this License and any extensions thereto. Licensee will be responsible for charges related to its telephone, cellular, and any communications service outside the wifi / internet service provided at the Demised Premises. ARTICLE 10. General Care of the Demised Premises: IndemniW Licensee shall not generate, spill or leak any petroleum product or any other hazardous material or substance under the Comprehensive Environmental Response, Compensalion and Liability Act of 1980, as amended or any similar federal, state or local lalvs, guidelines and regulations governing hazardous materials and substances as same may be amended from time to time. Licensee shall be responsible for immediately and properly cleaning up and removing any hazardous materials not existing as of the day this License is signed by Licensor, at Licensee's sole cost and expense in compliance with applicable laws and then prevailing industry practices and standards. Licensee agrees to indemnify, defend and hold Licensor harmless fiom and againsl any claims, demands, actions, causes of action, suits, damages, judgments, orders, decrees, costs and expenses (including but not limited to, attomey's fees and costs, consultants' fees, clean up, fines, removal and restoration costs) arising from or related to the presence, discharge or spill of any petroleum products and hazardous substances during the term of this License by persons entering upon the Demised Premises other than Licensor, Licensor's employees, contractors, agents, or invitees. Licensee shall not take any action which causes a lien to be placed on the Demised Premises or conduct any other activity on the Demised Premises, and which Licensee shall indemnif, and hold Licensor harmless from and against any loss, cost, damage, or expenses Licensor incurs as a result of any such lien or asserted lien. This indemnity obligation shall survive the termination of this License. Further, if Licensee fails to fulfill any obligation of this License and Licensor should fulfill that obligation, Licensee shall be obligated to pay Licensor the cost incurred by Licensor in fulfilling the obligation and this obligation shall likewise survive termination of this License. ARTICLE ll. Default If Licensee abandons the Demised Premises or defaults in the performance ofany material covenant or agreement herein contained, and such default shall continue for ten (10) days after receipt by Licensee of written nolice thereof given by Licensor, or the agenl or attomey of Licensor, the Licensor, at the option of Licensor, may declare said term ended and may reenter upon the Demised Premises with due process of law, and remove all persons and Licensee's property fiom the Demised Premises, reserving the right to re-license the Demised Premises. Licensor and Licensee expressly agree that the exercise by Licensor ofa right ofre- entry shall not bar or prejudice in any way any other legal remedies available to Licensor or Licensee. AR'l lCLIr |2. Assienment Licensee may not assign its rights under this License without the prior written consent ofthe Licensor Licensor is not required to consent to any assignment sought by Licensee. 3 Page 21 of 808 ARTICLE 13. Brndins Effect on Successors and Assigns The provisions of this License shall apply to, bind, and inure to the benefit of Licensor and Licensee and their respective heirs, successors, legal representatives, and assigns. ARTICLE 14. Surrender of Premrses Licensee shall remove any property and improvements installed by Licensee prior to the expiration of this License and shall deliver up and surrender to Licensor possession of the Demised Premises and any improvements not removed upon expiration of this License, or its earlier termination as herein provided, in as good condition and repair as the same shall be at the commencement ofthe term of this license or may have been put by Licensor or Licensee during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond Licensee's control excepted. ARTICLE 15. Indemnitv Licensee shall indemnifo and save harmless the Licensor from and against any and all claims, actions and suits, and from and against any and all losses, damages, costs, charges, reasonable aftomeys' fees, payments, expenses and liabilities which Licensor may sustain or incur to the extent arising from the negligent act or negligent omission ofLicensee or its agents, contractors or employees. ARTICLE 16. Insurance a. Licensee shall provide and maintain a Commercial General Liability insurance policy, approved in writing by Licensor and the Collier County Risk Management Department, for not less than One Million and 00/100 Dollars (S1,000,000.00) combined single limits during the term of this License. If such amounts are less than good insurance industry practice would require, Licensor reserves the right to increase these insurance limits by providing Licensee with at least thirty (30) days'advance notice to do so. b. In addition, Licensee shall provide and maintain Worker's Compensation Insurance covering all employees meeting the then existing Statutory Limits in compliance with the applicable state and federal laws. The coverage shall include Employer's Liability with a minimum limit of Five Hundred Thousand and 00/100 Dollars ($500,000.00) per each accident. If such amounts are less than good insurance industry practice would require, Licensor reserves the right to increase these insurance limits by providing Licensee with at least thirty (30) days' advance notice to do so. c. Licensee shall also maintain standard fire and extended coverage insurance on the additions and improvements located on the Premises and all of Licensee's property located on or in the Premises including, without limitation, furniture, equipment, fittings, installations, fixtures (including removable trade fixtures), personal property and supplies, in an amount not less than the then-existing full replacement value. Pollution Liability Insurance may not be applicable to this License 4 e @ d. Business Automobile Liability Insurance, and Business Boat Liability Insurance are not applicable to this License. Page 22 of 808 f. Licensor shall be named as an additional insured on the Commercial General Liability insurance policy. Licensor shall also be added as an additional insured on the Property Insurance policy as their interest may appear. The above-described insurance policies shall list and continuously maintain Licensor as an additional insured thereon. Evidence of such insurance shall be provided to Real Property Management, 3335 Tamiami Trail East, Suite l0l, Naples, Florida, 34112, for approval prior to the commencement of this License; and shall include a provision requiring not less than ten (10) days prior written notice to Licensor in the event ofcancellation or changes in policy(ies) coverage. Ifsuch amounts are less than good insurance practice would require, Licensor reserves the right to reasonably amend their insurance requirements by issuance of notice in writing to Licensee, whereupon receipt of such notice Licensee shall have thirty (30) days in which to obtain such additional insurance. The issuer of any policy must have a Certificate of Authority to transact insurance business in the State of Florida and must be rated "A" or better in the most current edition of Best's Insurance Reports. Each insurer must be responsible and reputable and must have financial capacity consistent with the risks covered. Each policy must contain an endorsemenl to the effect that the issuer waives any claim or right of subrogation to recover against Licensor, its employees, representatives, and agents. g. Failure to continuously abide with all ofthese insurance provisions shall be deemed to be a material breach ofthis License and Licensor shall have the remedies set forth in Article ll above. h. Licensee shall ensure that all subcontractors comply with the same insurance requirements that Licensee is required to meet. The Licensee shall provide the Licensor with certificates of insurance meeting the required insurance provisions. ARTICLE I 7. Force Maieure If Licensee is unable lo operate its business as permitted in this License due to unforeseeable causes beyond the control of the Licensee, and not due to the fault or negligence of the License or Licensor, such as, but not limited to, acts of nature such as fires, floods, hunicanes, or of public enemy, acts of government or public health such as epidemics, quarantine regulations, strikes, lock-outs, etc., the Licensee shall advise Licensor at leasl forty-eight hours in advance of closure and provide an estimate date for reopening. Should the Demised Premises be uninhabitable due to any of the above conditions, Licensee and Licensor shall amicably tenninate this License with immediate notice. ARTICLE 18. Applicable Law This License shall be governed by and interpreted in accordance with the laws ofthe State ofFlorida ARTICLE 19. Sales Tax ARTICLE 20. Notices Any notice provided for herein shall be given by certified United States mail, postage prepaid, to the parties at the addresses set forth above, with copies to the following: Licensee shall be responsible for all sales tax pertaining to Licensee's business operations at the Demised Premises. 5 @Page 23 of 808 For Licensee: Steven Nappi, Senior Project Engineer snappi@ l'urdestvharover-corn Hardesty & Hanover Construction Services, LLC 950 Tamiami Trail. Unit 104 Port Charlotte, Florida 33953 For Licensor:Jay Ahmad, Division Director Jar'.Ahmad@colliercoult) fl .gov Collier County Transportation Engineering 2885 Horseshoe Drive South Naples, Florida 34104 'fhe persons and places to which notices are to be mailed may be changed fiom time-to-time by either party by written notice given to the other party. ARTICLE 21. Aftomeys' Fees and Costs In the event any term or provision of this License is contested, or a breach is committed by either party of any term or provision ofthis License or in the event that either party hereto is required to protect its interest in any bankruptcy proceedings involving the other, the party prevailing in any suit or other proceedings brought as a result thereofshall be entitled to court costs and reasonable attomeys' fees. ARTICLEI 22. Notice of License Neither this License nor any notice thereofshall be recorded in any public records. ARTICLE 23. Captions The captions of this License are for convenience and reference only and in no way define, describe, extend, or limit the scope, meaning, or intent of this License or the meaning or intent of any provision of this License. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO Licensee:HARDESTY & T{ANOVER CONSTRUCTION SERVICES, LLC Dated: uv STEVEN NAPPI, Sr. Project Engineer @ 6 Page 24 of 808 Dated ATTEST: Crystal K. Kinzel, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COTJNTY. FLORIDA By: BURT L. SAUNDERS, Chairman By , Deputy Clerk Approved as to form and legaliry 1 . Asst. Coun ty Attorney AS TO Licensor: @Page 25 of 808 I E .E .E . E .Eg 3 E Z9,E. Ioi e* E.d =eEE .9 t) '6: P o ,c o g B .9 c o, o lFI ziuraaoe:-ut=ca IE I,IIiigi! ! I E 0)(J Eo EEiI (J Q,) ol-o- I tuz Pa +-t\o ooo!+ I $ F d]rX uJ a lO L! UJ-<i; o$r--ztQ i ulFH to oL! Dlo oI EEP.:siD( a;s.9- E= E#:s: E!?o> 3t ! etEe=o o.: 5 d c/) : o ! ..1 -d- ) E q ).b' l. Page 26 of 808