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Backup Documents 04/24/2018 Item #16A 2 14e6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SIP ' si'i1W TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 A 2 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. Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routinpilines#1 through#2,complete the checklist,and forward to the Coun Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office SRT 4/24/18 4. BCC Office Board of County Commissioners 5. Minutes and Records Clerk of Court's Office , (31(6 3�26am 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 Gino Santabarbara/GMD / Contact Information 239-252-29?5_ Contact/Department 1/ �/' Agenda Date Item was April 24,2018 Agenda Item Number 16A2 �^ Approved by the BCC Type of Document First Amendment to the Interlocal Agreement Number of Original 1 Attached between the City of Naples and Collier County Documents Attached clarifying post-design duties and responsibilities of the parties for the remaining phases of the joint storm water and sanitary sewer project located between Goodlette-Frank Road and US- 41 PO number or account ��LL_ t • number if document is lAtI •I 1 tf\ Enna 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 STAMP SRT 2. Does the document need to be sent to another agency for additional signatures? If yes, SRT 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 SRT 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 SRT 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 SRT 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 SRT signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A 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 4/24/2018 and all changes made during SRT 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 0011 BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. 16A2 HayesJessica From: WileyRobert Sent: Thursday, May 03, 2018 11:08 AM To: HayesJessica Cc: SantabarbaraGino Subject: FW: Collier County : Amendment Interlocal Agreement and#18-7322 [Joint County-City] Construction Agreement Jessica, Here are the requested account string numbers. Fund: 325 Cost Center: 172940 Project No.: 60142.2 Respectfully, Rattle We", Principal Project Manager Co r County Collier County Growth Management Department Capital Project Planning, Impact Fees and Program Mgmt. Division NOTE: E-mail Address Has Changed Stormwater Management Section 2685 South Horseshoe Drive,Suite 103, Naples, FL 34104 Phone: 239-252-2322 FAX:239-252-6552 E-mail: Robert.WileyPcolliercountvfl.gov Under Florida law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to his entity. Instead,contact this office by telephone. From:SantabarbaraGino Sent:Wednesday, May 2, 2018 8:57 PM To:WileyRobert<Robert.Wiley@colliercountyfl.gov> Subject: RE: Collier County: Amendment Interlocal Agreement and#18-7322 [Joint County-City] Construction Agreement Hi Robert, Please provide the information to Jessica,thanks again. Gino Santabarbara Principal Planner 1 1 6 A 2 Ann P. Jennejohn From: Ann P. Jennejohn Sent: Monday, May 14, 2018 10:32 AM To: 'SantabarbaraGino' Subject: First Amendment to the Interlocal Agreement between the City of Naples and Collier County Attachments: Agenda Item#16A2 (4-24-2018 BCC Meeting).pdf H 411/Az-, A cop of-1-14t, recorded,ft:iv-pi-avvt.e.4-t4mtAvl-to-fke1fruter Lo-r-o-L Ag retwz,"4- Ci,ty NapLe,s,(AS.'CotLizr Cow #16A2) -H4-0-4-was,cuppro-ved, irdfi 6cra,rd,ay,'April,24, 20i.8, for your record's< ThatAk.yo-W Amoy Je444,t.e4o-{,t),,.,, Pe.pu,ty C424-k. M Re -r 'Pepa4-f-mv,i4- Co.U. r Co -#j Va-lkte,AoLjwsitew-e-44-t3ov.rol, 23 -252-8 406 1 INSTR 5551795 OR 5506 PG 1711 16 A RECORDED 5/7/2018 9:03 AM PAGES 10 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$86.50 FIRST AMENDMENT TO INTERLOCAL AGREEMENT PROJECT: West Goodlette-Frank Road Area Joint Stormwater and Sanitary Sewer Improvements , THIS FIRST AMENDMENT TO INTERLOCAL AGREEMENT is made and entered into this 1.'-t' -day of April, 2018, 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") (collectively,the"Parties"). WITNESSETH WHEREAS, the COUNTY and the CITY entered into an Interlocal Agreement to undertake a joint project (the "PROJECT") to address the County's need to undertake roadside stormwater improvements on various streets located south of Pine Ridge Road between Goodlette- Frank Road and US-41 and the CITY's need to undertake improvements to its water and wastewater utility infrastructure located adjacent to those streets;and WHEREAS,on November 10,2017,an Interlocal Agreement executed by the COUNTY and the CITY was recorded in the Public Records by the Clerk of the Circuit Court at OR 5332, PG 3607,which apportioned the respective Parties' duties and responsibilities for the PROJECT; and WHEREAS, Section VI, Miscellaneous, of the Interlocal Agreement at numbered paragraph 6.2 allows the Parties to amend that agreement in writing;and WHEREAS, the Parties believe there is a need to amend the Interlocal Agreement to provide greater specificity regarding their duties under the Agreement to allow for the most efficient,economical and cooperative relationship in completing this PROJECT;and WHEREAS, the engineering design for the PROJECT has now been completed and the Parties' are ready to procure construction services and commence their respective desired stormwater and utility improvements;and NOW,THEREFORE,for and in consideration of the mutual premises set forth above and the covenants,obligations,duties and benefits herein set forth,the COUNTY and the CITY agree to amend the Interlocal Agreement as follows: Words Struck are deleted; Words Underscored are added **Remainder of this page left blank intentionally** 1 i 6 A 2 Article 1: The Whereas Clause section shall be amended as follows: 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 Goodlette-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,subject to the CITY's participation as set forth herein, 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: Article 2: Section 1.County's Responsibilities section shall be amended 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. 2 16A2 1.1 The COUNTY shall maintain open communication with the CITY's assigned project manager and provide periodic progress reports and documentation about the PROJECT as requested by the CITY. 1.2 The COUNTY shall procure pfevide-entiver€erm comprehensive Utility-related design,construction and construction administrative services to the YY for the Citv's Utility portions of the PROJECT, which work shall be feedeted jointly and concurrently performed with the COUNTY's design, construction and construction administrative services for the its stonnwater portions of the PROJECT. 1.3 The 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 each other 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 CITY 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 of the construction contract,culminating with the CITY and COUNTY entering into a three party agreement with the selected contractor. The contractor selected shall be based upon the overall lowest(for both stormwater and utility work in the aggregate).responsive and responsible bid received.Before such vote the CITY may determine whether it wishes to proceed with the PROJECT. If not,it shall notify the COUNTY, in which case the CITY will be responsible for its portion to that point. 3 0 I 16A2 F. Funding for the construction of the stormwater and roadway portions of the designed and permitted PROJECT will be provided by the COUNTY. The COUNTY is responsible for paying the contractor selected for the PROJECT for that portion of the work pertaining to its stormwater improvements(as well as shared PROJECT expenses specified below). G. The COUNTY is responsible to acquire all land rights (road rights-of-way and drainage easements) needed to successfully construct the stormwater and roadway portions of the PROJECT. These land rights shall be obtained prior to issuance of a Notice to Proceed letter to the construction contractor(s). •••_• .; _- :: •• : _ .. _ .. •-: .:•-: . _, _ .. . ' _. eenslruetien. H I. 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 C1TY's project manager. I d. 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. J 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. �. ... .. _. _ _.. _. . - ,.. . . , _ _ _' '. _. . . . . • '• . . _. • . . - . . .. . - K 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,which approval shall not be unreasonably withheld. 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 4 16A2 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. _ .. _ . - _ • .. _. _�. . . L 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 Parties' COUNTY'S contractor("As-built record drawings")i, one-year warranty for utility work completed by the contractor shall be included in the Parties' construction agreement. 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. M Il. All contracts entered into by the Parties' COUNTY for the design and/or construction of the PROJECT lzkiiity-facilitiies shall require the party contracting with the Parties' 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, 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 Parties'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 Parties'COUNTY'S consultant or contractor. Q. _e _ • - : .. . :_ . . .._ .. N. Monthly stormwater field measurements and quantity calculations shall be made by the engineer of record of stormwater work accomj,lished for processing of monthly progress payments to the Parties'contractor. The COUNTY'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. O. The COUNTY shall open a Purchase Order to the selected construction contractor so that it can make payment for the stormwater work performed and provided under the terms of the Parties' construction agreement with the contractor, including the COUNTY's portion of shared expenses. Article 3: Section 11.City's Responsibilities section shall be amended as follows: SECTION Il: CITY'S RESPONSIBILITY 2.0 The CITY and COUNTY staff shall cooperate and agree on the complete contents of the final ITB prior to issuance. The CITY and COUNTY will enter into a joint contract with the winning bidder resulting from the ITB.the template is attached hereto has Exhibit A. The CITY shall provide and perform project support duties as defined below to ensure that 6014NPI-i's-able-te-fttellish the design, construction and contract administration services meet to the mutual satisfaction of the CITY and 5 16A2 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 and 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 from 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 their contractor(), subcontractors and utility companies with direct or indirect interest in the provisions of the Interlocal Agreement. B. The COUNTY'S and CITY's Parties' assigned project managers shall maintain open communication with each other and provide periodic progress reports and documentation about the PROJECT to one another upon request :.; " :. . - Throughout the design, permitting and construction phases of the PROJECT, both project managers shall mutually schedule periodic progress meetings as deemed necessary. The COUNTY Parties shall provide each other the-C• written 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 -e -.:.-- = - == •: • •:- CITY' CITY's issuance of a Notice to Proceed letter to the construction contractor(s). E. Funding 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 receive armee at the bid 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 6 (4)) 16A2 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'&Parties' 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. I. 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 five(5)working days prior to the meetings,workshops,or information distribution. J. 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 Parties' 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. • , . _ • • •, _ _ '. _. _I. '- . -- - _ - K. The CITY shall open a Purchase Order to the selected construction contractor so that it can make payment for the Utility work performed and.provided under the terms of the Parties' construction agreement with the contractor,including the CITY's portion of shared expenses. Article 4: Section III.Mutual Covenants section shall be amended as follows: 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 following streets: 7 16A2 . • Hollygate Lane • Frank Whiteman Blvd. • Cooper Drive • Illinois Drive • Wisconsin Drive • 10th Street North • 12th Street North • 14th Street North • Ohio Drive • High Point Circle • Ridge Street • Rosemary Lane • Rosemary Court 3.1 The CITY Parties' shall not be responsible for construction means, methods, techniques, skills, sequences or procedures of construction relating to gm PROJECT'S improvements. The above responsibilities during construction shall remain with the COUNTY'S Parties'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 thY 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 Neither Party Y shall t16t be responsible to the other COUNTY should its the-GOUNW contractor 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 Parties' COUNTY'S contractor( and/or their contractor's subcontractor. 3.4 The COUNTY's Capital Project, Impact Fees 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 COUNTY'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 Commissioners. 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 8 16A2 on-site inspections and construction reviews will be conducted by the COUNTY(or its designee)and ec the CITY(or its designee)to assess the contractor's compliance with the construction plans and contract documents. 3.7 The GAUNT*Parties shall each be provided Y with four(4)sets of the approved construction plans and contract documents for the PROJECT prior to commencement of construction activities by 3_8 Upon completion of any portion of the PROJECT,either the Utility or stormwater portions,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 engineer of record prior to the Parties' issuing final payment to the contractor. 3.9 The Parties shall properly dispose of all removed materials from the Project. 3.10 Payments to contracted firms for completed and accepted work. including design. permitting. and construction will follow the procedures identified in the Parties' relevant contract documents. The PROJECT expenses,more specifically set forth in the construction ITB's Bid Schedule at Section 1: General,shall be shared equally by the Parties. Article 5: Section IV. Agreement Terms section shall be amended as follows: 4.0 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 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 CParties 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 any outstanding payment(s)owed by the CITY to the COUNTY. Except for the above struck through and underscored revisions to the original Interlocal Agreement,all other terms and conditions of the agreement shall remain in force. 9 16A2 IN WITNESS WHEREOF,the parties hereto have caused this First Amendment to Interlocal Agreement to be executed by their appropriate officials,as of the date first above written. AS TO THE COUNTY: , 4 `,11 rkt. ATTEST: =3" DWIGHT-E BI0O+ IC..0 Ek COLLIER 'i ' , ORI to By: ( W ` , ;,,,1 Cie ' By: -, 4 . r�;..�ty Clerk Andy Solis,Chairman Attest as to a` f `' 'signature only. Appro •d as to Form •,I eg•lity: 4 s R.Tach Deputy County Attorney a`a=' -• AS TO THE CITY OF NAPLES: , Icy r •4.--.4.---4, Y'•t„ ATTEST"..31 -s.,1 CITY OF NAPL ,FLO: DA By' - a., � �" y atfakia L..,,tarf'bosk,Ply C., rk BBil arnett,Mayor Approved as to Form and Legal Sufficiency: 7Wcetj— D, (1--),,,rThr. Robert Pritt City Attorney 10