Agenda 02/28/2012 Item #16B1Proposed Agenda Changes
Board of County Commissioners Meeting
February 28, 2012
MOVE ITEM 16131 TO ITEM 14138: RECOMMEND BOARD OF COUNTY
COMMISSIONERS ACTING AS THE COMMUNITY REDEVELOPMENT
AGENCY APPROVE A SITE ACCESS AGREEMENT BETWEEN THE
IMMOKALEE CRA AND CONTRACTOR DOUGLAS N. HIGGINS, INC.
ALLOWING THE CONTRACTOR TO STORE MATERIALS AND
EQUIPMENT IN CONJUNCTION WITH IMMOKALEE STORMWATER
IMPROVEMENT PROJECT. AT THE CORNER OF SOUTH 9TH AND MAIN
STREETS IN IMMOKALEE (COMMISSIONER HILLER'S REQUEST)
Withdraw Item 6A: Public Petition request from David Bakalar representing Wells Fargo Bank, requests the
Board remove all fines assessed against property at 6090 Painted Leaf Lane, Naples. (Petitioner's request)
Continue Item 9A to the March 13.2012 BCC Meeting: This item requires that ex parte disclosure be provided
by Commission members. Should a hearing be held on this item, all participants are required to be sworn in.
PUDA- PL20110000047: Sabal Bay MPUD -- An Ordinance amending Ordinance No. 05 -59, the Sabal Bay Mixed
Use Planned Unit Development, by amending the PUD Document, Exhibit A, to provide for: changes in
development standards including right of way widths and sidewalks; addition of general permitted uses to
include outside storage and telecommunication facilities; removal of golf as a permitted use; addition of car
wash, post office, docks and electric boats as allowable uses in the recreation /village center tract; increase of
preserve by 45 acres; increase in floor area ratio for adult living facility and increase in height; removal of
affordable housing and removal of Bald Eagle Management Plan and Gopher Tortoise Relocation Management
Plan on property located south of Thomasson Drive, south & west of U. S. 41, north & west of the Wentworth
PUD, and east of the Naples Bay intercoastal waterway in Sections 23, 24,2 5, 26 & 36, Township 50 South,
Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, consisting of 2,416 +/- acres;
and providing an effective date. (Applicant's request)
Move Item 16A13 to Item 11J: Recommendation to approve a Settlement and Release Agreement between
Collier County and American Traffic Solutions, Inc. for provision of Collier County's Traffic Infraction Detector
Program also known as the Red Light Running Camera Enforcement System. (Staffs request)
Move Item 16C3 to Item 11K: Recommendation to approve a work order in the amount of $586,159.60 to DN
Higgins for construction tasks set forth in RFQ 08- 5011 -58, IQ Water Sites. (Commissioner Hiller's request)
Move Item 16D6 to Item 11H: Recommendation to implement the direction of the Board of County
Commissioners by amending the Neighborhood Stabilization Program Action Plans to execute program
changes and authorize submission of the revised Action Plans to the U.S. Department of Housing and Urban
Development. (Commissioner Hiller and Commissioner Fiala's separate requests)
Move Item 16D7 to Item 111: Recommendation to approve a Short Sale Policy for the State Housing Initiatives
Partnership (SHIP) program. (Commissioner Hiller's request)
Note: Item 16A16 should read: Recommendation to adopt a resolution of necessity superseding amending
Resolution No. 2011 -105 correcting scrivener's errors in legal descriptions and authorizing the condemnation
of those perpetual and temporary easement interests necessary for the construction of stormwater
improvements known as the US -41 Ditch segment of the Lely Area Stormwater Improvement Project. (Project
No. 51101) Estimated fiscal impact: $1,787,000. (Staffs request)
2/28/2012 Item 16. B.1.
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 # I ODB-D4-09-2 1 -0 1 -K09).
On January 24, 2012, during its regular agenda (agenda item #13B2), 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 project's geographic limits, in order to store materials and equipment
associated with the execution of this project. The attached Agreement outlines the Contractor's
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
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2/28/2012 Item 16.6.1.
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 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
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2/28/2012 Item 16. B.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.13.1.
Item 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).
Meeting Date: 2/28/2012
Prepared By
Name: MuckelBradley
Title: Project Manager,
2/15/2012 12:56:03 PM
Submitted by
Title: Project Manager,
Name: MuckelBradley
2/15/2012 12:56:04 PM
Approved By
Name: PhillippiPenny
Title: Executive Director, Immokalee CRA,
Date: 2/16/2012 8:54:39 AM
Name: WilliamsSteven
Title: Assistant County Attomey,County Attorney
Date: 2/21/2012 1:47:13 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 2/22/2012 11:40:06 AM
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Name: KlatzkowJeff
Title: County Attorney
Date: 2/22/2012 2:39:11 PM
Name: IsacksonMark
2/28/2012 Item 16.6.1.
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 2/22/2012 3:39:01 PM
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2/28/2012 Item 16.6.1.
SITE ACCESS AGREEMENT
DATE: February 28, 2012
kawl THIS AGREEMENT made and entered into between Douglas N. Hi gg ins 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 comer of Main Street (SR 29) and South 96' 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, 201.2.
(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
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2/28/2012 Item 16.13.1.
Legal Description: 4 47 29 N 538FT OF E1/2 OF E1 /2 OF NEl/4 OF NEl/4 OF SWIA LESS R/W, S122FT OF
El /2 OF NE1/4 OF NEI /4 OF
above.
(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
r"
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CONTRACTOR
Douglas N. Higgins, lnc.
Signed, sealed and delivered in our presence as
witnesses:
Daniel Higgins Vice President of Operations
Name {print or type) Title
i \\ s YoAfllactor !! M jj
4 O 1JCtI b
Si' ature Date
e'
r
Witness As to Contr or
r r1 <lGtu i- L .
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2/28/2012 Item 16.6.1.
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PROPERTY OWNER
ATTEST:
Collier County CRA
DWIGHT E. BROCK, Clerk
Commissioner James N. Coletta. CRA Chair
Name (print or type) Title
Deputy Clerk
Signature Date
Approved as to form and legal sufficiency:
Steven Williams,
Assistant County Attorney, Collier County,
Florida
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2/28/2012 Item 16.6.1.
CRA Land in Relation to Proiect Area
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