Backup Documents 02/14/2017 Item #16B 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 B I
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP V,ectivt
1 ' �' c
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already mplete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County A' orney Office.
Route to Addressee(s)(List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office `F\75
-N 4s/ 2.\Z$1\–\
4. BCC Office Board of County —VT kc.1
Commissioners y/6/ A,lk k- 1
5. Minutes and Records Clerk of Court's Office "TO 301 hi V•521)0-,
PRIMARY CONTACT INFORMATION
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,may need to contact staff for additional or missing information.
Name of Primary Staff Elly McKuen Phone Number (239)252-5890
Contact/ Department
Agenda Date Item was February 14,2017 Agenda Item Number 16.B.1 V
Approved by the BCC
Type of Document Interlocal Agreement with City of Naples Number of Original 2
Attached for Fire Suppression System Project Documents Attached
PO number or account
number if document is I — 162.5 2S–‘4-n,030
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature?
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be esm
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. 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
5. The Chairman's signature line date has been entered as the date of BCC approval of the esm
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's esm
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip esm
should be provided to the County Attorney Office at the time the item is input into SIRE.
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!
8. The document was approved by the BCC on 02/14/2017 and all changes made during esm
the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC, all changes directed by the BCC have been made,and the document is ready for the y
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
168 1
MEMORANDUM
Date: March 17, 2017
To: Elly Soto McKuen, Project Manager, CRA
County Redevelopment Agency
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Interlocal Agreement w/City of Naples
Fire Suppression System Project
Enclosed, please find one (1) scanned copy of the document referenced
above, (Agenda Item #16B1) which was approved by the Board of
County Commissioners on Tuesday, February 14, 2017.
If you should have any questions, please call me at 252-7240.
Thank you
168 1
MEMORANDUM
Date: March 17, 2017
To: Jessica Rosenberg, Clerk
City of Naples
From: Martha Vergara, Deputy Clerk
Minutes and Records Department
Re: Interlocal Agreement w/City of Naples
Fire Suppression System Project
Attached is an original of the above referenced document (Agenda Item
#16B1), approved by the Board of County Commissioners on February 14,
2017.
The Minutes and Records Department has kept the original as part of
the Board's Official Records.
If you should have any questions, you may contact me at 252-7240.
Thank you.
Attachment (1)
INSTR 5376880 OR 5370 PG 3582
RECORDED 3/10/2017 9:48 AM PAGES 7
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$61.00
INTERLOCAL AGREENtrAN
City/County Project: Peters Avenue, Collee Court, Gordon Street and US 41 Interconnect
water distribution system upgrades and fire hydrant installation
THIS Agreement, made and entered into this /j T day of peCeWlbeir 2016
by and between Collier County, a political subdivision of the State of Florida, hereinafter called
the COUNTY, and the CITY OF NAPLES, Florida, a Florida municipal corporation, hereinafter
called the CITY.
WITNESSETH
WHEREAS, the Bayshore Gateway Triangle Community Redevelopment Agency area
is located at the periphery of the City of Naples water system; and
WHEREAS, the Bayshore CRA has historically experienced low water flow and
pressure conditions and confirmed by the Greater Naples Fire Control District; and
WHEREAS, the COUNTY and CITY plan to construct, reconstruct and/or otherwise
modify a portion of CITY owned water utility distribution system located in the unincorporated
boundary of Collier County within the Bayshore Gateway Community Redevelopment Agency,
more particularly described as Peters Avenue, Collee Court, Gordon Street and US 41
Interconnection,hereinafter referred to as the "Project"; and
WHEREAS, the COUNTY has been awarded a $330,000 FY2016-2017 US Housing
and Urban Development (HUD) Community Development Block Grant (CDBG) to partially
fund the Project and desires to provide grant management/oversight for the Project; and
WHEREAS, the CITY desires to provide design services to upgrade the water utility
systems within the Project area and pay the balance of construction cost; and
WHEREAS, the COUNTY and CITY have determined that it is economically
advantageous and in the best interest of the public to enter into this Agreement.
NOW, THEREFORE, in consideration of the above premises, and the mutual
covenants, terms, and provisions contained herein, the COUNTY and CITY agree as follows:
SECTION I: COUNTY'S RESPONSIBILITY
1.01 The COUNTY will serve as project manager for the permitting and construction phase of
the PROJECT.
1.02 The COUNTY shall provide and perform comprehensive HUD CDBG construction
administration services, as rendered jointly and concurrently with the CITY's design of
the water main and fire hydrant installation.
1.03 The COUNTY will be responsible for conducting the public bid and awarding the
construction contract. Preparation of the scope of work for the Invitation to Bid (ITB)
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will be a joint effort between COUNTY and CITY. Upon review of all proposals
received from interested contractors, the COUNTY shall present the recommendations of
the RFP Selection Committee to the Board of County Commissioners (BCC) for ranking
approval and authorization to enter into negotiations with the lowest responsible
responsive bidder.
1.04 The following specific services, duties and responsibilities will be the obligation of the
COUNTY regarding design coordination, construction and contract administration of the
utility work on behalf of the CITY.
A. At the time of contract bid, those bid items identified for which the CITY is
responsible shall be subject to CITY's review and approval by the CITY's
representative.
B. COUNTY shall conduct a formal preconstruction conference prior to
commencing with the utility construction work. The COUNTY will provide the
CITY notice of the preconstruction conference at least five (5) working days prior
to the conference. The CITY's assigned project manager will attend this
conference, and other CITY representatives may attend at the CITY's discretion.
A copy of the minutes of said conference shall be submitted to all those in
attendance including the CITY.
C. COUNTY shall coordinate the utility work with third parties such as property
owners, land developers, environmental agencies, contractors, and the like to the
extent that such parties have a direct interest in or are directly affected by said
utility and fire hydrant.
D. The utility work shall be coordinated with the CITY's utility representative with
respect to keeping the CITY advised of technical, cost, and schedule impacts up
the utility work.
E. COUNTY shall confer with public officials of the CITY as deemed necessary by
the COUNTY in order to coordinate work stages between the utility
improvements and fire hydrant improvements from a public interest view point.
F. Periodic utility field measurements and quantity calculations shall be made by the
COUNTY of utility work accomplished on an as needed basis for processing of
monthly progress payments. The utility-related field measurements, quantity
calculations and other performance data will be verified with the CITY's contract
agent/representative as requested by CITY in writing prior to the COUNTY's
issuance of monthly progress payments to the contractor.
G. The COUNTY shall confer with COUNTY public officials as deemed necessary,
while the CITY confers with CITY public officials as deemed necessary to
coordinate work stages for the Project from a public interest view point.
H. Upon completion of all utility work, including all work authorized under change
orders and supplemental agreements, the COUNTY and CITY shall conduct a
final inspection of the utility work with the CITY's contract agent/representative
and/or its record engineer prior to COUNTY's issuing final payment to the
contractor.
I. All contracts entered into by the COUNTY for the construction of the utility
facilities shall require the party contracting with the CITY to hold harmless,
indemnify and defend the CITY and COUNTY and its consultants, agents,
officers and employees from any and all claims, losses, penalties, demands,
2
judgments and cost of suit, including attorney's fees and paralegal's fees or any
expense, damage, or liability incurred by any of them, whether for personal
injury, property damage, direct or consequential damages, or economic loss,
arising directly or indirectly on account of or in connection with the work done by
the COUNTY's consultant or contractor pertaining to the design and construction
of the utility improvements or any person, firm or corporation to whom any
portion of the utility work is subcontracted by the COUNTY's consultant or
contractor.
J. Payments to contracted firms for completed and accepted work, will follow the
procedures identified in the COUNTY's contract documents until HUD CDBG
funding has been expended. Once all HUD CDBG funds have been expended,
the COUNTY will invoice the City as needed to make progress payments to the
Contractor until the project is completed.
K. The COUNTY shall administer design changes, clarifications, supplements and
other contract amendments that may be necessary during the construction of the
improvements. These contract directives to the consultant and contractor may be
in the form of plans, memoranda, reports, change orders, and supplemental
agreements and shall be subject to written approval by the CITY's project
manager and/or contract authority.
The above notwithstanding, upon notification to CITY, the CITY herein
authorizes the COUNTY to prepare, execute, and implement minor change orders
for contract amendments necessitated by actual field conditions at the Project site
so as not to delay the contractor's performance and so as to meet the intent of the
approved design for the Utility improvements. Said change orders shall be issued
by the COUNTY in compliance with current County Purchasing Policy and
Administrative procedures, either using existing contract unit prices or negotiated
unit prices for work adjustments within the physical limit of the Utility work as
shown in the construction plans. In no event shall the value of the total change
orders exceed the allowance to be included in the BID approved by both the
COUNTY and CITY. Additional or extra work which exceeds the above change
order authority by COUNTY shall be submitted for prior review, approval and
execution by the CITY.
L. Upon completion of all Utility work, including work authorized under change
orders and supplemental agreements, the CITY and COUNTY shall conduct a
joint final inspection of the work with the CITY's and COUNTY's project
managers and/or inspectors and/or record engineer prior to COUNTY's issuing
final payment to the contractor.
M. COUNTY shall submit a final Certificate of Completion letter to the CITY along
with an appropriate number of plans detailing the Utility as constructed by the
COUNTY's contractor ("As-built record drawings"); and, one-year warranty for
utility work completed. The final Certification of Completion shall be submitted
by the COUNTY's engineer of record to the FDEP and other local and state
agencies that govern the Utility improvements.
3 r`- ,,
SECTION II. CITY'S RESPONSIBILITIES
2.01 The CITY shall provide and perform project support duties as defined below to ensure
that COUNTY is able to furnish contract administration services to the mutual
satisfaction of the CITY and COUNTY and other governing agencies that have
jurisdictional control over the utility improvements.
2.02 The specific project support duties and responsibilities enumerated below shall be the
obligation of the CITY.
A. The CITY shall provide design for the improvements. The COUNTY shall review
and approve the utility design, inspect the work as necessary and review and
approve the as-built record drawings which will represent and depict the utility as
constructed.
B. The CITY herein agrees to assign a contract agent/representative to the utility
project for the entire design and construction period and notify the COUNTY in
writing so that the COUNTY may effectively coordinate its services with the
CITY. The CITY's contract agent/representative shall also act as the CITY's
contract authority under the provisions of this Interlocal Agreement. The
COUNTY shall provide written notice of all meetings pertaining to this project at
least five (5) working days prior to the meeting.
C. The CITY shall assign a utility project coordinator for the purpose of
coordinating, resolving and communicating construction issues at the field level
with COUNTY's resident construction engineer. The CITY shall
appoint/designate the project coordinator in writing to the COUNTY prior to
CITY's commencement of design coordination, construction and contract
administration services herein. The CITY's contract agent/representative and/or
the CITY's project coordinator shall attend periodic construction progress
meetings with and between the COUNTY and the contractor, subcontractors and
utility companies with direct or indirect interest in the provisions of this Interlocal
Agreement.
D. Periodic on-site inspections and construction reviews will be conducted by the
CITY and COUNTY or its designee to assess the contractor's compliance with
the construction plans and contract documents.
E. The CITY shall coordinate with the COUNTY's representative with respect to
keeping the COUNTY advised of technical, cost and schedule impacts for the
improvements.
F. The CITY shall confer with CITY public officials as deemed necessary, while the
COUNTY confers with COUNTY public officials as deemed necessary to
coordinate work stages for the Project from a public interest view point.
G. Periodic utility field measurements and quantity calculations shall be made by the
CITY of utility work accomplished on an as needed basis for processing of
monthly progress payments to the COUNTY's contractor. The utility related
field measurements, quantity calculations and other performance data will be
verified with the CITY's contract agent/representative as requested by CITY in
writing prior to the issuance of monthly progress payments to the COUNTY.
H. The CITY shall administer design changes, clarifications, supplements and other
contract amendments that may be necessary during the design and construction of
4 1440)
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the utility improvements. These contract directives to the consultant and
contractor may be in the form of plans, memoranda, reports, change orders and
supplemental agreements and shall be subject to written approval by the
COUNTY's contract agent/representative.
I. Upon completion of all utility work, including all work authorized under change
orders and supplemental agreements, the CITY shall conduct a final inspection of
the utility work, in conjunction with the COUNTY, with the CITY's contract
agent/representative and/or its record engineer prior to COUNTY's issuing final
payment to the contractor.
J. CITY shall submit a final Certificate of Completion letter to the COUNTY with
an appropriate number of plans detailing the utility improvements as constructed
by the CITY's contractor ("as-built record drawings"); bacteriological test results
as required by State of Florida Department of Environmental Protection (FDEP).
The final Certificate of Completion shall be submitted by the CITY's engineer to
the State of FDEP and other local and state agencies that govern the utility
improvements.
K. All contracts entered into by the CITY for the construction of the utility facilities
shall require the party contracting with the COUNTY to hold harmless, indemnify
and defend the CITY and COUNTY and its consultants, agents, officers and
employees from any and all claims, losses, penalties, demands, judgments and
cost of suit, including attorney's fees and paralegal's fees or any expense,
damage, or liability incurred by any of them, whether for personal injury, property
damage, direct or consequential damages, or economic loss, arising directly or
indirectly on account of or in connection with the work done by the CITY's
consultant or contractor pertaining to the design of the utility improvements or
any person, firm or corporation to whom any portion of the utility work is
subcontracted by the CITY.
SECTION III. MUTUAL COVENANTS
3.01 The CITY shall not be responsible to the County should the COUNTY fail to comply
with OSHA Safety and Health Standards (29 CFR 1926) as authorized by the U.S.
Department of Labor, Occupational Safety and Health Administration, said
responsibilities to be that of the COUNTY's contractor and/or the contractor's
subcontractor.
3.02 The CITY shall provide the COUNTY with eight (8) sets of the approved construction
plans and contract documents for the utility work prior to commencement of construction
activities.
5 a )
SECTION IV. AGREEMENT TERMS
4.01 This Interlocal Agreement shall remain in full force and effect from the date first above
written and shall terminate upon the completion of all services and responsibilities
mutually performed by the CITY and by the COUNTY to the written satisfaction each to
the other. It is understood that the actual termination date herein may occur on or about
the date of final approval and acceptance of all improvements by the CITY and
COUNTY and subject to construction contract warranty provisions. This date is
contemplated to be subsequent to the actual date of final approval and acceptance of the
utility improvements by the CITY and following payment by the CITY to the COUNTY.
4.02 The utilities shall be maintained by the CITY or its assigns within the COUNTY public
easements and/or rights-of-way.
4.03 The COUNTY or the CITY may terminate this Interlocal Agreement prior to the
completion of the utility work upon thirty (30) days prior written notice each to the other.
In the event of such termination by either party, the CITY shall be entitled to receive due
compensation for the value of services rendered, construction performed and termination
costs as actually incurred.
SECTION V. INSURANCE
5.01 The COUNTY and the CITY shall maintain insurance coverage in the minimum amounts
and types as required by Florida State Statutes or as outlined in the HUD CDBG
Subrecipient agreement whichever is more stringent.
5.02 The COUNTY and the CITY agree that both parties are partially self-insured. Each shall
provide to the other evidence of insurance in excess of the self-insured retention.
5.03 nothing in this Agreement shall operate as a waiver of the sovereign immunity afforded
to the parties as provided in Section 768.28, Florida Statutes.
SECTION VI. MISCELLANEOUS
6.01 This Interlocal Agreement shall be governed by and construed under the laws of the State
of Florida. In the event any litigation is instituted by way of construction or enforcement
of this Interlocal Agreement, the party prevailing in said litigation shall be entitled to
collect and recover from the opposite party all court costs and other expenses excluding
attorney's fees. The Venue is in Collier County, Florida.
6.02 It is understood that this Interlocal Agreement must be executed by both parties prior to
the CITY and the COUNTY commencing with the work, services, duties and
responsibilities described heretofore.
6.03 This Agreement contains the entire understanding between the parties and any
modifications to this Agreement shall be mutually agreed upon in writing by the CITY
and the COUNTY, in compliance Purchasing Policy and Administrative Procedures in
effect at the time such services are authorized.
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SECTION VII. DISPUTE RESOLUTION
7.01 The parties recognize they are entities subject to dispute resolution procedures set out in
Chapter 164, Florida Statutes.
7.02 In the event of a dispute between the parties concerning this Interlocal Agreement, the
COUNTY and CITY agree to attempt to resolve the dispute as expeditiously and
inexpensively as feasible. Specifically, respective staffs will meet within ten(10) days of
provision of notice of the dispute and attempt in good faith to resolve the dispute. They
may jointly agree to a mediator to expedite and effectuate a resolution. If both parties are
unable to agree upon a mediator, within ten (10) days thereafter, they shall jointly request
Chief Judge of the 20`h Judicial Circuit to appoint a mediator qualified in construction
law to mediate the dispute in accordance with the court's pre-suit mediation procedures.
The mediation shall occur within ten (10) days after the mediator is appointed. If the
dispute cannot be resolved at this level, the Chapter 164, Florida Statutes remedies shall
be available. Each party shall pay equally in the cost of the mediation.
IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be
executed by their appropriate officials, as of the date first above written.
AS TO COUNTY: COLLIER COUNTY, FLORIDA
ATTEST:
DWIGHT E. BROCK, CLERK
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i PENNY TAYLOR
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Jennifer A. Belpei
Assistant County Attorney
AS TO THE CITY: 0 N LA=S:
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1 Barnett,
Patricia L. Rai�c�slc, Grty:clerk � Mayor
Approved as to form and legal sufficiency:
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Robert Pritt, City Attorney
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