Agenda 04/25/2017 Item #16A1204/25/2017
EXECUTIVE SUMMARY
Recommendation to approve an After-The-Fact Florida Department of Environmental
Protection 319(h) Grant Application to fund the West Goodlette-Frank Road Area Joint
Stormwater-Sewer Project totaling $750,000. (Anticipated fiscal impact $1,050,000 with a grant
share of $750,000 and local match of $300,000)
OBJECTIVE: To receive Board approval for a joint partnership with the City of Naples and the Florida
Department of Environmental Protection (FDEP) application to support stormwater imp rovements and
related activities in the community.
CONSIDERATIONS: The Capital Project Planning, Impact Fees and Program Management Division
responded to an announcement from the FDEP for the FY2018 Nonpoint Source Management Program
grant proposal application. The following is a brief description of the application submittal:
The West Goodlette-Frank Road Area Joint Stormwater-Sewer Project is a joint partnership with the
City of Naples to provide improvements to eliminate nonpoint sources including stor mwater runoff from
urban surface areas and eliminate failing septic tanks by installing sewer lines.
The West Goodlette-Frank Road Area Joint Stormwater Sewer Project has a long and varied history of
periodic street and yard flooding, with limited amounts of structure flooding. This area is located in the
County but within the City of Naples’ sewer and water service area. However, there are some streets in
this neighborhood that are currently unsewered with owners utilizing septic systems.
Collier County Stormwater Management Section has constructed stormwater improvements within the
West Goodlette-Frank Road area in previous years, ranging in scope from roadside swale and culvert
reconstructions to the entire subdivision stormwater system reconstructions. The FY2015-2016 County
budget included funding for small scale stormwater improvements along Ridge Street. However, staff
has long been aware of the need to evaluate the stormwater needs in a more comprehensive manner and
address the multiple recurring issues in the area.
In September 2015 and again in January 2016 both County Stormwater Management Section staff and
City Utilities Department staff met to discuss a joint project to address the sanitary sewer needs of the
area while the County is constructing stormwater projects. The County Manager approached the City
Manager to request the City’s consideration for developing a comprehensive solution to effectuate
sanitary sewer and stormwater improvements in the area. In order to formalize the partners hip, the
County approved a joint County/City Interlocal agreement at their September 27, 2016 Board of County
Commissioners meeting, and the City Council approved the same Interlocal agreement at their
November 2, 2016 City Council meeting. The contents of the interlocal agreement are for the County to
manage the project from design through construction, using current stormwater funding to front the cost
of the joint project design and permitting. Subsequently the County will fund construction of the
stormwater portions of the project and the City will fund construction of the sanitary sewer portions of
the project plus reimburse the County for the proportionate sewer design and permitting costs.
Elimination of the septic tank and drainfield nutrient loading source by construction of the sanitary
sewer collection components could be considered as perhaps the major Best Management Practice
(BMP). A treatment train BMP approach for the discharging stormwater is anticipated to include
roadside swales overlaying a storm sewer system. The swales are proposed to discharge into the storm
sewer through inlet structures equipped with bleeder openings and skimmer devices. Where swales
cannot be utilized due to space constraints, inlets are proposed to utilize inserts with capture basket and
04/25/2017
hydrocarbon capture BMPs. Within the configuration of any storm sewer design it is anticipated to
include sumped inlets and/or junction boxes to capture sediments that may enter the system.
Additionally, it is proposed to incorporate controlled discharge features into the design of the storm
sewer system to control the rate and elevation of discharge where possible.
The attached grant application was reviewed and approved by the County Manager on March 15, 2017
and due to FDEP on March 15, 2017. The timeline did not provide adequate time for the execution of
the County’s pre-approval process. Collier County CMA #5330 authorizes the County Manager to
approve the submittal of grant applications with subsequent Community Redevelopment Agency action
at the next available Board meeting to ratify the approval as “After-The-Fact”.
FISCAL IMPACT: It is anticipated that the total cost of the Stormwater project (not including the City
of Naples’s Sewer improvements) will be around $2.1 million. If the grant request is awarded, the
anticipated grant funding will be $750,000 with a required local match of $300,000. The local match
will be funded by a transfer from the Unincorporated Area General Fund MSTU fund 111.).
LEGAL CONSIDERATIONS: - The Board will have the opportunity to accept or reject the funds if
the grant s approved. Accordingly, this Office has no issue with respect to the legality of this request,
which is appropriate for Board action and requires a majority vote for Board Action. - JAB
GROWTH MANAGEMENT PLAN IMPACT: There is no growth management plan impact
associated with this project.
RECOMMENDATION: To approve an After-The-Fact FDEP application submittal to fund the
West Goodlette-Frank Area Joint Stormwater-Sewer Project totaling $750,000.
Prepared By: Elly Soto McKuen, Project Manager; Capital Project Planning, Impact Fees and Program
Management Division
ATTACHMENT(S)
1. Collier County West Goodlette Frank Road Area Stormwater Sewer Project (PDF)
2. West G-F Road Area Joint Stormwater-Sewer Project Map (PDF)
3. West Goodlette Frank Road Area Executive Summary Naples-County Interlocal Agreement
9272016 (PDF)
4. West Goodlette Frank Road Area Interlocal Agreement with City of Naples (PDF)
04/25/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.12
Doc ID: 2978
Item Summary: Recommendation to approve an After-The-Fact Florida Department of
Environmental Protection 319(h) Grant Application to fund the West Goodlette-Frank Road Area Joint
Stormwater-Sewer Project totaling $750,000.
Meeting Date: 04/25/2017
Prepared by:
Title: Project Manager, CRA – Capital Project Planning, Impact Fees, and Program Management
Name: Elly McKuen
03/29/2017 2:12 PM
Submitted by:
Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program
Management
Name: Amy Patterson
03/29/2017 2:12 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 03/29/2017 3:54 PM
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 03/30/2017 2:01 PM
Growth Management Department Elly McKuen Level 2 Division Administrator Skipped 03/29/2017 2:09 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 03/30/2017 4:59 PM
Growth Management Department James French Additional Reviewer Completed 03/31/2017 10:50 AM
Grants Edmond Kushi Level 2 Grants Review Completed 04/13/2017 12:06 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/13/2017 3:28 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/13/2017 3:41 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 04/17/2017 10:14 AM
Grants Therese Stanley Additional Reviewer Completed 04/17/2017 2:27 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/18/2017 8:41 AM
Board of County Commissioners MaryJo Brock Meeting Pending 04/25/2017 9:00 AM
LAND USE and STATUS:
Land Uses of the Area Being Treated
Enter the land use acreage in the table for the area being treated, not just the area that the
project occupies. The area being treated is the area that is contributing runoff to the
treatment system. Please use the infmmation based on the Florida Depaiiment of
Transportation (FDOT) Florida Land Use Cover and Forms Classification System
(FLUCCS) codes for the most recent available year. Repeat for separate drainage areas if
your proposal includes more than one separate and distinct drainage area.
- = Empty cell/information to be inserted
Land Use
(Do not alter -All must be filled out; do not Acres O/o
add categories; place a O for 110 acres)
Residential Low Density (1100) --
Residential Medium Density (1200) 102 100%
Residential High Density (1300) --
Commercial and Services (1400) 0 0
Industrial (1500) 0 0
Extractive (1600) 0 0
Institutional (1700) 0 0
Recreational ( 1800) 0 0
Open Land (1900) 0 0
Agriculture (2000) 0 0
Upland Non-Forested (3000) 0 0
Upland Forests (4000) 0 0
Water (5000) 0 0
Wetlands ( 6000) 0 0
Barren Land (7000) 0 0
Transportation, Communication, and Utilities -(8000)
.. ·· .. Land'.Use T:Qt3lS (A<:fe,age �nd .%) " .. ·. lOZ .· . ·; .·· \.;100% / •...
Land Ownership Status: (check one)
P Land necessary for the construction of treatment infrastructure has been acquired.
Title is held by: Public Right of Wayr Land necessary for the construction of treatment infrastructure is under a legal option to buy (please provide documentation of the option-to-buy and funding to execute the
purchase). r Land necessary for the construction of treatment infrastructure is under an easement
which allows for the construction and access.
NOTE: As the project progresses, the County may find that some improvements require
easements that were not anticipated. This situation will be dealt with on a case-by-case
basis.
Page 3 of12
Collier County West Goodlette Frank Road Area Joint Stormwater Sewer Project
2018 319 Grant Application
sewer collection components could be considered as perhaps the major BMP. A
treatment train BMP approach for the discharging stmmwater is anticipated to include
roadside swales overlaying a sto1m sewer system. The swales are proposed to discharge
into the storm sewer through inlet structures equipped with bleeder openings and
skimmer devices. Where swales cannot be utilized due to space constraints, inlets are
proposed to utilize inse1is with capture basket and hydrocarbon capture BMPs. Within
the configuration of any storm sewer design it is anticipated to include sumped inlets
and/or junction boxes to capture sediments that may enter the system. Additionally, it is
proposed to incorporate controlled discharge features into the design of the stmm sewer
system to control the rate and elevation of discharge where possible.
b.Describe educational activities that are part of the project.
There are no educational activities associated with this project.
2.Objective: Explain how the activities and BMPs in the grant and match funded project
will reduce nonpoint source pollution. Include how they will benefit the associated
impaired water and, if applicable, implement the BMAP or RAP or how they will
protect unimpaired waters.
The Collier County Stormwater Management Section staff has received drainage
complaints in past years from residents along various streets between Goodlette-Frank
Road and U.S. 41. At times these complaints have also included septic system problems.
The City of Naples has a "Master Sewer Plan for the City's Unsewered Service Areas"
(MSPCUA) that was prepared in 2006. In an effort to address needed stormwater
improvements along these streets as well as provide sanitary sewer service to eliminate
the septic systems and disturb the neighborhood streets the least number of times, the
County and City have developed a joint project planning and construction effmi. The
sanitary sewer system and any incidental reconfigurations of the existing potable water
facilities will be a part of the City of Naples Utilities systems. The stmmwater
management facilities will be a pali of the Collier County stormwater management
system for roadside drainage.
Elimination of septic tanks in an area with a history of failure occmTences during periods
of heavy rainfall and associated street and yard flooding, along with the incorporation of
sto1mwater quality best management practice (BMP) features and elimination of frequent
street flooding will reduce the negative impacts of stormwater that ultimately enters the
Gordon River and Naples Bay. Both the Gordon River and Naples Bay have been
identified as impaired due to low dissolved oxygen attributed to nutrients. There is
cmTently no BMAP for the Gordon River or Naples Bay and this project will suppmi the
effmis of addressing identified impaiiment concerns without the necessity of
implementing a BMAP.
Page 5 of12
Collier County West Goodlette Frank Road Area Joint Stormwater Sewer Project
2018 319 Grant Application
Recommendation to approve an interlocal agreement with the City of Naples for a joint st... Page 1 of 3
Collier County
FL
AcUon Item
'�O° 1853
Recommendation to approve an interlocal agreement with the City of Naples for
a joint stormwater and sanitary sewer project between Goodlette-Frank Road
and US -41 and direct the County Manager to prepare and issue a Request for
Proposals for the engineering design and post design services for the joint
project. (Project No. 60142)
Information
Department:
Category:
Attachments
Capital Project Sponsors:
Planning, Impact
Fees, and Program
Management
16.A Consent Agenda
-Growth Management
Dept
Printout
West G -F Road Area Interlocal Agreement (8-22-16 CAO Initialed)
Master Sewer Plan for the City's Unsewered Service Areas 2006
Prelim Sanitary Sewer Layout Area 4
Prelim Sanitary Sewer Layout Area 5
Executive Summary
EXECUTIVE SUMMARY
Recommendation to approve an interlocal agreement with the City of Naples for a joint stormwater and
sanitary sewer project between Goodlette-Frank Road and US -41 and direct the County Manager to
prepare and issue a Request for Proposals for the engineering design and post design services for the
joint project. (Project No. 60142)
OBJECTIVE: To obtain Board of County Commissioners (Board) approval of an interlocal agreement with
the City of Naples (City) for the design and construction of a joint stormwater and sanitary sewer project
located between Goodlette-Frank Road and US -41, and also authorizing the preparation and issuance of a
Request for Proposals (RFP) for the engineering design and post design services.
CONSIDERATIONS:' The area bounded by US -41 to the west, Pine Ridge Road to the north, Goodlette-
Frank Road to the east and Golden Gate Parkway to the south [hereinafter referred to as the West G -F Road
area], has a long and varied history of periodic street and yard flooding, with limited amounts of structure
flooding. This area is within the City's sewer and water service area, and some streets are currently unsewered
with owners utilizing septic systems.
http://colliercountyfl.igm2.com/Citizens/Detail LegiFile.aspx?MeetingID=1015&MediaP... 3/15/2017
Recommendation to approve an interlocal agreement with the City of Naples for a joint st... Page 2 of 3
On 4-12-16, the Board approved an Executive Summary (Agenda Item 16.A.15) directing the County
Manager to prepare an interlocal agreement with the City for the joint stormwater and sanitary sewer project.
The attached interlocal agreement is submitted for the Board's approval and the chairman's signature. Also
attached is a copy of the "Master Sewer Plan for the City's Unsewered Service Areas" (MSP) prepared for the
City by Johnson Engineering, Inc., in 2006, and the appropriate accompanying maps for the area of the
project. The interlocal agreement is also being submitted to the Naples City Council for their approval and
signature. Upon approvals and signatures of both entities, the interlocal agreement will then be recorded in the
Official Records of Collier County.
The next step in advancing the project is to prepare and issue an RFP for the engineering design and post
design of the project components in accordance with the Florida Consultant's Competitive Negotiation Act
(CCNA) per Section 287.055, Florida Statutes. This Executive Summary also functions as the request for the
Board to direct the County Manager to prepare and issue the RFP, utilizing the County's Procurement Services
Division. Upon review of the received proposals by a selection committee comprised of both County and City
staff, and the development of a shortlisted ranking of the received proposals, the ranked shortlist will be
presented to the Board for authorization to enter into contract negotiations, starting with the top ranked firm in
accordance with the CCNA.
The Interlocal Agreement is scheduled to be considered by the Naples City Council on October 19, 2016.
FISCAL IMPACT: There is no fiscal impact other than minor recording fees for the approval of the
interlocal agreement.
It is important for the Board to understand the potential fiscal impacts of costs for undertaking the design,
permitting and construction of the proposed project. Based upon information in the MSP, the City would
utilize their authority to place an assessment in the order of $17,000 to $23,000 on each served property or unit
owner within the project area for the sanitary sewer portion of the project. Funding for the stormwater portion
of the project would be included in the annual capital budget for the Stormwater Management Section in Fund
325. During the design portion of the project, and prior to any construction, a detailed construction cost
estimate will be developed and presented to the Board and City.
Staff is of the opinion that the development of this joint project to address both stormwater and sewer service
issues will increase the potential for grant funding to help offset the costs. Staff intends to pursue available
grant finding for the project and consider requesting legislative appropriations. These are future issues that
will be brought to the Board as the project design is nearing completion and the County Manager requests
direction to release the project for construction bids or approve grant funding.
GROWTH MANAGEMENT IMPACT: The authorization of an interlocal agreement to develop a
comprehensive solution to a multi -faceted problem is in accordance with the intent of the Growth
Management Plan Intergovernmental Coordination Element.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for
Board approval. - JAB
RECOMMENDATION: To approve the interlocal agreement with the City of Naples for the joint
stormwater and sanitary sewer project located between Goodlette-Frank Road and US -41, and authorize the
chairman to sign the document; and to direct the County Manager to prepare and issue an RFP for the
engineering design and post design services required for the joint project and bring back to the Board a
ranking of the shortlisted firms that respond to the RFP.
PREPARED BY: Robert Wiley, Principal Project Manager, Stormwater Management Section, Capital Project
Planning, Impact Fees and Program Management Division, Growth Management Department.
http://colliercountyfl.igm2.com/Citizens/Detail LegiFile.aspx?MeetingID=1015&MediaP... 3/15/2017
INSTR 5333522 OR 5332 PG 3607
RECORDED 11/10/2016 3:21 PM PAGES 9
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $78.00
INTERLOCAL AGREEMENT
PROJECT: West Goodlette-frank Road Area Joint Stormwater and Sanitary Sewer Improvements
THIS INTERLOCAL AGREEMENT, made and entered into this day o0
/0"&fi16, by
and between Collier County a political subdivision of the State of Florida, (the "COUNTY") and the City
of Naples, Florida, a Florida municipal corporation (the "CITY"),
WITNESSETH
WHEREAS, the COUNTY has identified a need to undertake the design and construction of
roadside stormwater improvements on various streets located south of Pine Ridge Road between
Good lette-Frank Road and US -41, hereinafter referred to as "AREA", to address recurring street and yard
flooding, and
WHEREAS, the CITY in 2006 developed a "Master Sewer Plan for the City's Unsewered Service
Areas", hereinafter referred to as "MSP", and
WHEREAS, the various streets within the AREA and identified as needing roadside stormwater
improvements are within the boundaries of the CITY's MSP, and
WHEREAS, the CITY owns certain potable water and wastewater utility systems (Utility) within,
adjacent to, and in the vicinity of the road easements and/or rights-of-way of the streets identified as
needing stormwater improvements, and
WHEREAS, the COUNTY and CITY are both aware of septic system problems experienced by
local residents during periods of intense or extended rainfall that resulted in temporary street and yard
flooding within the AREA, and
WHEREAS, the COUNTY and CITY have determined and mutually agree that it is economically
advantageous and in the best interest of the public to enter into this Agreement to undertake a joint project
(PROJECT) to construct roadside stormwater improvements and public wastewater collection system
facilities, and
WHEREAS, the COUNTY and CITY are both in agreement that the COUNTY will manage the
Project's design, permitting and construction phases, and
WHEREAS, the COUNTY and CITY are both in agreement that the COUNTY will be responsible
for funding the stormwater improvement cost portions of the Project and the CITY will be responsible for
funding the utility cost portions of the Project.
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 RESPONSIBILITIES
1.0 The COUNTY will serve as project manager for the design, permitting and construction phases of
the PROJECT, The COUNTY's assigned staff project manager shall be under the supervision of
the COUNTY's contract manager as identified in Section 3.4 below.
1,1 'The COUNTY shall maintain open coniniunicalion with the CI`I'Y's assigned project manager and
provide periodic progress reports and documentation about the PROJECT as requested by the
CITY,
1.2 The COUN'T'Y shall provide and perform comprehensive Utility -related design, construction and
construction administrative services to the CITY for the Utility portions of the PROJECT, rendered
.jointly and concurrently with the COUNTY's design, construction and construction administrative
services for the stormwater portions of the PROJECT,
1.3 Tile following specific services, duties and responsibilities will be the obligation of the COUNTY
regarding the design coordination, construction, and contract administration of the Utility work on
behalf of the CITY,
A. The COUNTY's and CITY's assigned project managers shall maintain open communication
with eachother and provide periodic progress reports and documentation about the PROJECT
as requested by the COUNTY and CITY. Throughout the design, permitting and
construction phases of the PROJECT, both project managers shall mutually schedule periodic
progress meetings as deemed necessary.
B. The COUNTY shall prepare and release a Request for Proposal (RFP) for design engineering
services, in accordance with the COUNTY purchasing policies, that complies with the
Consultant's Competitive Negotiation Act (CCNA) as required by Section 287.055, Florida
Statutes. Preparation of the scope of work for the RFP will be a joint effort between
COUNTY and CI'T'Y wherein the main focus of the COUNTY's contribution will address the
stormwater and roadway design issues, and the main focus of the CITY's contribution will
address the Utility design issues. Upon review of all proposals received from interested
consulting engineering firms, the COUNTY shall present the recommendations of the RFP
Selection Committee (described in Section 3.5 below) to the Board of County Commissioners
(BCC) for ranking approval and authorization to enter into negotiations with the top ranked
firm. Upon successful contract scope and cost negotiation with an engineering consulting
firm, the BCC will vote whether to enter into design contract for the PROJECT. Before such
vote the City may determine whether it wishes to proceed further with the PROJECT. If not,
it shall notify the COUNTY, in which case the CITY will be responsible only for its portion
of cost to that point.
D. During the design portion of the PROJECT the COUNTY is responsible for providing
requested information to the consultant and timely reviews of draft plan sets. The
COUNTY's review will focus on the design of the stormwater and roadway portions of the
PROJECT, with only cursory review (primarily dealing with conflicts) provided for the
Utility portions of the PROJECT. The COUNTY will rely upon the CITY to provide the
COUNTY with timely detailed reviews and comments for the Utility portions of the
PROJECT.
E. The COUNTY will be responsible for conducting the public bid and award the construction
contract. Before such vote the City may determine whether it wishes to proceed further with
the PROJECT. If not, it shall notify the COUNTY, in which case the CITY will be
responsible only for its portion of cost to that point.
F. Funding for the construction of the stormwater and roadway portions of the designed and
permitted PROJECT will be provided by the COUNTY,
,H
G. The COUNTY is responsible to acquire all land rights (road rights-of-way and drainage
easements) needed to successfully construct the stormwatcr and roadway portions of the
PROJECT. These land rights shall be obtained prior to issuance of a Notice to Proceed letter
to the construction Coll t'actor(s).
1-1. Payments to contracted firms for completed and accepted work, including design and
permitting, will follow the procedures identified in the COUNTY's contract documents. The
CITY will make payments directly to the Utility contractor for the Utility portion of the
Coll stI'll ction.
The COUNTY shall conduct a formal preconstruction conference prior to Commencing with
the PROJECT. 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 the
CITY's project manager.
The Utility work shall be coordinated with the CITY's project manager with respect to
keeping the CITY advised of technical, cost, and schedule impacts upon the Utility work.
K. The COUNTY shall confer with the CITY's project manager as deemed necessary by the
COUNTY in order to coordinate work stages between the Utility, stormwater, and roadway
improvements from a public interest view point.
L. 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 to the COUNTY's contractor. The CITY's project manager shall verify and
approve these measurements and calculations in writing prior to the COUNTY's issuance of
monthly progress payments to the contractor.
M. The COUNTY shall administer design changes, clarifications, supplements and other contract
amendments that may be necessary during the design and construction of 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 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 Utility 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 Utility 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.
N. 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
EM
the Utility 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.
O. 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 COUN'rY's engineer of record to the
FDCP and other local and state agencies that govern the Utility improvements.
All contracts entered into by the COUNTY for the design and/or 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, fees, or any expense, damage, or liability incurred by any
of them, whether for personal injury, properly 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, stormwater and/or roadway or by any person, firm or corporation to whom any
portion of the Utility, stormwater or roadway work is subcontracted by the COUNTY's
consultant or contractor.
Q. COUNTY shall take ownership and properly dispose of all removed materials.
SECTION II: CITY'S RESPONSIBILITY
2.0 Tile CITY shall provide and perform project support duties as defined below to ensure that
COUNTY is able to furnish design, construction and contract administration services to the mutual
satisfaction of the CITY and COUNTY, and other governing agencies that have jurisdictional
control over the Utility improvements.
2.1 The specific project support duties and responsibilities enumerated below shall be the obligation of
the CITY.
A. The CITY's Utilities Department Director will serve as the CITY's assigned contract
authority to be the point of contact for the COUNTY's contract manager as identified in
Section 3.4 below. The CITY's Utility Department Director shall designate in writing an
assigned CITY project manager to work with the COUNTY's assigned project manager in
typical day to day coordination of PROJECT design, permitting and construction. The
CITY's Utility Department Director shall assign in writing a Utility project coordinator (if
that person is someone different fi•om the assigned project manager) for the purpose of
coordinating, resolving, and communicating construction issues at the field level with
COUNTY's project manager. The CITY's project manager and/or project coordinator shall
attend periodic construction progress meetings with and between the COUNTY and
contractor, subcontractors and utility companies with direct or indirect interest in the
provisions of the Interlocal Agreement.
B. The COUNTY's and CITY's assigned project managers shall maintain open communication
with each other and provide periodic progress reports and documentation about the
PROJECT as requested by the COUNTY and CITY. Throughout the design, pennitting and
construction phases of the PROJECT, both project managers shall mutually schedule periodic
progress meetings as deemed necessary. The COUNTY shall provide the CITY written
WN
notice of all regularly scheduled progress meetings at least five (5) working days prior to the
meeting.
C. The CITY shall provide COUNTY with the specific Utility -related detailed information
needed for inclusion in preparation of the scope of services for the Request for Proposals
(RFP) for the PROJECT design phase consultant selection process as identified in Section 3.5
below,
D. The CITY shall obtain all necessary land rights (rights-of-way, utility easements, temporary
construction easements, etc,) required for the construction, operation and maintenance of the
Utility facilities portion of the PROJECT. The land rights shall be obtained, recorded, and
made available to the COUNTY prior to the COUNTY's release of the construction bid
request.,
E. Finding for the design and permitting of the Utility portions of the PROJECT shall be
provided by the CITY to the COUNTY. Reimbursement of COUNTY -incurred costs for the
design and permitting of Utility portions of the PROJECT will be made by the CITY to the
COUNTY within thirty (30) days of the Notice to Proceed letter to the construction
contractor. If for some reason the PROJECT is terminated and does not proceed through
completion of design, or permitting, or does not enter into construction, the CITY will
provide the reimbursement to the COUNTY within ninety (90) days of the date of
termination.
F. At the time of construction contract bid preparation, those Utility items identified for which
the CITY is financially responsible shall be subject to the CITY's review and approval by the
CITY's assigned project manager. The COUNTY will include the Utility work in the
PROJECT bid to arrive at the price for the CITY's actual construction Utility work. Prior to
the COUNTY's issuance of the Notice to Proceed letter to the construction contractor the
CITY shall provide a Purchase Order to the successful contractor for the CITY's portion of
the construction of the Utility improvements. Funding for additional approved cost increases
for Utility construction work (e.g, quantity changes, change orders, etc.) will be provided by
the CITY.
G. The CITY shall review the design documents, 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 by the COUNTY's contractor,
H, During the design portion of the PROJECT the CITY is responsible for providing requested
information to the consultant and timely reviews of draft plan sets. The CITY's review will
focus on the design of the Utility portions of the PROJECT, with only cursory review
(primarily dealing with conflicts) provided for the stormwater and roadway portions of the
PROJECT. The CITY will provide the COUNTY with timely detailed reviews and
comments for the Utility portions of the PROJECT, so that the COUNTY can submit the
CITY's comments to the design consultant,
The CITY is responsible for the development and implementation of a public relations
program for the PROJECT to address needed public support for the PROJECT, The CITY
will coordinate with the COUNTY the scheduling of any public meetings, workshops,
information distribution, etc, deemed viable and necessary to inform the affected public about
the planned stormwater and sewer facilities and the expectations they can have regarding
fiscal, physical, and timing impacts related to the PROJECT. The CITY shall provide the
COUNTY written notice of all public relations public meetings, workshops and information
distribution efforts at least live (5) working days prior to the meetings, workshops, or
information distribution,
Monthly Utility field measurements and quantity calculations shall be made by the engineer
of record of Utility work accomplished for processing of monthly progress payments to the
COUNTY's contractor. The CITY's project manager shall verify and approve these
measurements and calculations in writing prior to the CITY's issuance of monthly progress
payments to the contractor.
K 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 Utility work with the CITY's and COUNTY's project managers and/or inspectors and/or
engineer of record prior to CITY's issuing total payment to the contractor.
SECTION III: MUTUAL COVENANTS
3.0 The location of the PROJECT is within Area 4 and Area 5 of the "City of Naples Master Sewer
Plan for the City's Unsewered Service Areas" prepared by Johnson Engineering in September
2006. The specific streets under consideration for the PROJECT may include some or all of the
fol lowing streets:
• Hollygate Lane
• Frank Whiteman Blvd.
• Cooper Drive
• Illinois Drive
• Wisconsin Drive
• 10`r' Street North
• 12"' Street North
• 14`r' Street North
• Ohio Drive
• High Point Circle
• Ridge Street
• Rosemary Lane
• Rosemary Court
3.1 The CITY shall not be responsible for construction means, methods, techniques, skills, sequences
or procedures of construction relating to Roadway or Stormwater improvements. The above
responsibilities during construction shall remain with the COUNTY'S contractor and/or the
contractor's subcontractors subject to the conditions and responsibilities set forth in this Interlocal
Agreement,
3.2 The CITY shall be responsible for providing review services and guidance to the COUNTY to
ensure that design and construction of the Utility components of the PROJECT comply with or
exceed the CITY's Utility design and construction minimum standards.
3.3 The CITY shall not be responsible to the COUNTY should the COUNTY fail to comply with the
Occupational Safety and Health Administration (OSHA) Safety and Health Standards (29 C.F.R,
1926) as authorized by the U.S. Department of Labor, OSHA; said responsibilities to be that of the
COUNTY's contractor and/or the contractor's subcontractor.
3.4 The COUNTY's Capital Project, Impact Cees and Program Management Division Director, either
directly with the CITY's Utilities Department Director or through a duly authorized project
manager assigned to the PROJECT, shall act as the COUNTY's contract manager under this
Interlocal Agreement. As the COUN'1'Y's contract manager under this Interlocal Agreement, the
Capital Project, Impact Fees and Program Management Division Director shall also have the
authority with prior written approval of the CITY to extend the limits and/or scope of Utility
construction work; subject to the COUNTY's Purchasing Policy and approval as required by the
Collier County Board of Con unission ers,
3.5 The COUNTY and CITY agree that this is a joint project that will follow the Request for Proposal
(RFP) process for selecting the design consultant, and the public bidding process for selecting the
construction contractor(s). As such, the COUNTY will provide two (2) staff members with
stormwater design/construction experience and one (1) staff member with utility
design/construction experience to serve on an RFP selection committee and a bid review
committee. The CITY will provide one (1) staff member with stormwater design/construction
experience and two (2) staff members with utility design/construction experience to serve on an
RFP selection committee and a bid review committee.
3.6 During the construction phase of the PROJECT, construction engineering inspection services will
be provided by a CITY staff, COUNTY staff, consultant firm, and/or any combination thereof.
Periodic on-site inspections and construction reviews will be conducted by the COUNTY or its
designee or the CITY to assess the contractor's compliance with the construction plans and contract
documents.
3.7 The COUNTY shall provide the CITY with four (4) sets of the approved construction plans and
contract documents for the PROJECT prior to commencement of construction activities by the
COUNTY's contractor.
SECTION IV: AGREEMENT TERMS
4.0 This hiterlocal 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
COUNTY and by the CITY to the written satisfaction of 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 Roadway, Stormwater and Utility improvements by the 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.
4.1 Within the COUNTY public easements and/or rights-of-way of the AREA impacted by this Project,
the Roadway and Stormwater improvements shall be maintained by the COUNTY or its assigns,
and the Utilities improvements shall be maintained by the CITY or its assigns.
4,2 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 COUNTY shall be entitled to receive due compensation for the
value of services rendered, construction performed, and termination costs as actually incurred.
SEC'T'ION V: INSURANCE
5.0 The COUNTY and the CITY shall maintain insurance in at least the nlinini un amounts and types
as required by Florida Statutes.
5.1 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,
5.2 Nothing in this Interlocal 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
6.0 This Interlocal Agreement shall be governed by and construed under the laws of the State of
Florida, hn 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. Venue is in
Collier County, Florida,
6,1 It is understood that this Interlocal Agreement must be executed by both parties prior to the
COUNTY and the CITY commencing with the work, services, duties, and responsibilities described
heretofore.
6.2 This Agreement shall be modified or amended only by written agreement of both the COUNTY and
the CITY through authorized representatives.
6.3 The County shall record this Agreement at is sole cost in the Public Records of Collier County.
SECTION VII: DISPUTE RESOLUTION
7.1 The parties recognize that they are entities subject to dispute resolution procedures set out in
Chapter 164, Florida Statutes.
7.2 In the event of a dispute between the parties concerning this Interlocal Agreement, the COUNTY
and the CITY agree to attempt to resolve the dispute as expeditiously and inexpensively as feasible,
Specifically, their 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 they are unable to agree upon a mediator, within ten (10)
days thereafter, they shall jointly request the Chief Judge of the 20°i Judicial Circuit to appoint a
mediator qualified in construction law to mediate the dispute in accordance with the court's pre -suit
mediation procedures, Tine mediation shall occur within ten (10) days after the mediator is
appointed. If the dispute cannot be resolved at this level, the Chapter 164 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 THE COUNTY:
ATTEST 'G`, ^ r?.S`
DWIG-4 8" $R6" "6& CLERIC
�1i1f"-;' itll`'Deputy Clerk
5igh0tl :.bn�
Approved as to form
and legality:
Jennifer . Belpedio7�i
Assistant County Attorne `'
AS TO THE CITY OP,' NAPIX$:
ATTEST:
By.
Patiicia li,tiibosk C;t Clete • t`
Approved as to form
and legal sufficiency:
Robert Pritt
City Attorney
COLLIER COUNTY, FLORIDA
j4;&
By:
Dot na Fiala, Chairman
i ��e A /
State of Flonoa
County of COLt_IEh
I HEREBY CERI1FY I'HAT thi sis
correct copy of a docurnPntGoii'•fjle
Board Minutes and Recbic� o'ojiir Cdur�ly{ r
WITNESS my hand and ofricia�seai
1�day ofyjjj; ,
,
DWI T E. BROCK, ?l RK,QC
F U.
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