Agenda 12/11/2012 Item #16A2912/11/2012 Item 16.A.29.
EXECUTIVE SUMMARY
Recommendation to approve an Interlocal Agreement (Agreement) with the City of Naples
and execute documents necessary for the Design Build Golden Gate Boulevard Bridge
Replacements raw water main relocation. Bridge Repairs/ Improvements (Fiscal impact:
revenue of $616,178.75) Project #66066.
OBJECTIVE: To obtain approval by the Board of County Commissioners (Board) of an
Agreement with the City of Naples for the relocation of a raw water main as part of the Golden
Gate Boulevard Bridge Replacements, Project # 66066.
CONSIDERATIONS: On January 24, 2012, as Agenda Item IOD, approval was given by the
Board to proceed with design, permitting and construction of the Design Build Golden Gate
Boulevard Bridge Replacements project (Golden Gate and Miller Canals). Within the projected
scope of work, the project included a line item for replacement of the existing City of Naples raw
water main across the existing bridges. The cost of the water main work was bid at $601,150.00
by Thomas Marine Construction with the intent that the City of Naples would reimburse Collier
County for the work performed. The added County design and CEI administrative costs of 2.5%
($15,028.75) are to be reimbursed also by the City, with the total cost of the work at
$616,178.75. In accordance with this Agreement, this amount will be billed to the City upon
completion of the entire work and will be recognized as revenue by Collier County. The work is
anticipated to begin in the first quarter of 2013 and to be completed by the end of the third
quarter of 2013.
On November 14, 2012, as Agenda Item 23, unanimous approval of the Agreement was given by
the Naples City Council.
FISCAL IMPACT: A budget amendment is necessary to recognize revenue of $616,178.75 in
gas taxes so that funds may be re- appropriated into Project #66066. The County's cost to record
the Agreement is $86.50.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated
with this recommendation.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office,
is legally sufficient, and requires a majority vote for approval. — ERP
RECOMMENDATION: That the Board approve the attached Agreement with the City of
Naples, authorize the Board Chairman to execute same on behalf of the Board, authorize the
County Manager or his designee to record same in the public records of Collier County, Florida,
authorize the payment of costs associated with the recording of the agreement, and authorize the
necessary budget amendments.
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12/11/2012 Item 16.A.29.
Prepared by: Joe Delate, Senior Project Manager
Attachments: 1) Interlocal Agreement; and 2) Interlocal Agreement Exhibit "A."
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12/11/2012 Item 16.A.29.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.29.
Item Summary: Recommendation to approve Interlocal Agreement (Agreement) with the
City of Naples and execute documents necessary for the Design Build Golden Gate Boulevard
Bridge Replacements raw water main relocation. Bridge Repairs/ Improvements (Fiscal impact:
revenue of $616,178.75) Project #66066.
Meeting Date: 12/11/2012
Prepared By
Name: DelateJoseph
Title: Project Manager, Senior,Transportation Engineering
11/15/2012 12:45:04 PM
Submitted by
Title: Project Manager., Senior,Transportation Engineering
Name: DelateJoseph
11/15/2012 12:45:07 PM
Approved By
Name: PutaansuuGary
Title: Project Manager, Principal,Transportation Engineer
Date: 11/15/2012 1:13:43 PM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 11/16/2012 7:33:06 AM
Name: LynchDiane
Title: Administrative Assistant
Date: 11/16/2012 11:58:51 AM
Name: ShueGene
Date: 11/16/2012 1:10:36 PM
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Name: TaylorLisa
Title: Management/Budget Analyst,Transportation Administr
Date: 11/19/2012 2:00:20 PM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 11/20/2012 5:05:13 PM
Name: LynchDiane
Title: Administrative Assistant
Date: 11/26/2012 11:41:55 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 11/26/2012 4:10:53 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 12/3/2012 2:48:53 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 12/4/2012 8:48:21 AM
Name: OchsLeo
Title: County Manager
Date: 12/4/2012 11:23:01 AM
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12/11/2012 Item 16.A.29.
12/11/2012 Item 16.A.29.
INTERLOCAL AGREEMENT
COUNTY PROJECT: Design Build Golden Gate Boulevard Bridge Replacements (Golden
Gate and Miller Canals) Project #66066
THIS INTERLOCAL AGREEMENT, made and entered into this day of
, 2012, by and between the Board of County Commissioners, Collier
County, Florida, a political subdivision of the State of Florida, hereinafter called the COUNTY
and the City of Naples, a municipal corporation, hereinafter called the CITY.
WITNESSETH
WHEREAS, the COUNTY is planning to construct, reconstruct or otherwise modify a
portion of the COUNTY roadway system designated by the COUNTY as Project No. 66066,
Design Build Golden Gate Boulevard Bridge Replacements (Golden Gate and Miller Canals),
said roadway improvements hereinafter called the "Roadway;" and
WHEREAS, the CITY is planning to minimize certain water Utility systems within,
adjacent to, and in the vicinity of the roadway easement, said Utility work and improvements
hereinafter called the "Utility;" and
WHEREAS, the CITY requested the COUNTY to incorporate into the Roadway project
the reconstruction of the CITY's existing 36" raw water main adjacent to and across the
aforementioned canals; and
WHEREAS, the CITY and the COUNTY shall enter into this Interlocal Agreement for
Design, Construction and Engineering Services to be performed by the COUNTY, hereinafter
called the "Consultant," for the design, plan preparation, and budget - related activities for the
planned Roadway construction work; and
WHEREAS, the COUNTY and the CITY have determined and mutually agree that it is
economically advantageous and in the best interest of the public to consummate this Interlocal
Agreement to provide for the construction of Roadway improvements by the COUNTY pursuant
to and in accord with proposed COUNTY's construction contract for the Roadway and to
accommodate the CITY raw water main; and
WHEREAS, the CITY accepts the items in the project's request for proposal (RFP)
Price Proposal Page incorporated herein and included in Exhibit "A," attached hereto; and
WHEREAS, the CITY accepts the total bid items for the portions of work identified in
the attached Exhibit "A," herein known and referenced as "Actual Cost Statement;" and
WHEREAS, the COUNTY is agreeable to and desirous and capable of performing,
providing or otherwise undertaking Utility design, construction and contract administration
sen4ces for CITY jointly and concurrently with the Roadway construction, and CITY agrees to
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reimburse COUNTY for the final and actual costs, Actual Cost Statement, for the total bid items
for the portion of work as identified in the attached Exhibit "A." " I
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
1.0 The COUNTY shall provide and perform comprehensive Utility - related design,
construction and construction administration services to the CITY for the Roadway
project, rendered jointly and concurrently with COUNTY's design and construction of
the Roadway.
1.1 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. COUNTY shall design Project 66066 so as to accommodate the CITY's existing
36" Raw Water Main so that it may be reconstructed in its current alignment
within the existing Golden Gate Boulevard right -of -way. The necessary and
applicable Utility plans and specifications shall be subject to the CITY's input and
review.
B. At the time of contract bid, those bid items for which the CITY is responsible
shall be subject to CITY's review and approval by the CITY's representative.
Should the CITY disapprove the bid amounts, the CITY will have the option of
deleting the subject bid item and/or relocating the water main at specific locations
so as to eliminate any possible conflicts between the raw water main and the new
Roadway. In exercising this provision, CITY shall be responsible for any and all
additional project costs to COUNTY resulting from CITY's action.
C. COUNTY shall include Utility work in the Roadway construction bid to arrive at
a price for CITY's actual construction Utility work excluding COUNTY's
administration fees.
D. COUNTY shall conduct a formal preeonstruction 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 representative may attend this conference at the
CITY's discretion. A copy of the minutes of said conference shall be submitted
to the CITY's contract agent/representative as so identified hereinafter.
E. COUNTY shall coordinate the Utility and Roadway work with third parties such
as property owners, land developers, environmental agencies, contractors, and the
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like to the extent that such parties have a direct interest in or are directly affected
by said Utility and Roadway improvements.
F. COUNTY shall conduct monthly design progress meetings with the CITY.
G. Periodic on -site inspections and construction reviews will be conducted by the
COUNTY or its designee and the CITY to assess the contractor's compliance
with the construction plans and contract documents.
H. 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 upon
the Utility work.
1. 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 the Roadway improvements from a public interest view point.
J. 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 Utility- related
field measurements, quantity calculations, and other performance data will be
verified with the CITY's contract agent/representative if so requested by CITY in
writing prior to the COUNTY's issuance of monthly progress payments to the
contractor.
K. The COUNTY shall administer design changes, clarifications, supplements and
other contract amendments which may be necessary during 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 a written
approval by the CITY's contract agent/representative.
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 using either 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 any
individual change order exceed Five Thousand Dollars ($5,000) nor shall the
cumulative total amount of such change orders exceed ten percent (10 %) of the
Actual Cost Statement. Additional or extra work which exceeds the above change
order authority by COUNTY shall be submitted for review, approval and
execution by the CITY.
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L. Upon completion of all Utility work, including all work authorized under change
orders and supplemental agreements. the COUNTY 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.
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 for subsequent certification by the CITY's record
engineer. The certification shall be submitted by the CITY's record engineer to
the State of Florida Department of Environmental Protection and other local and
state agencies which govern the Utility improvements.
N. 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 save
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 costs 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 Roadway and Utility or by any person, firm or corporation to
whom any portion of the Roadway and Utility work is subcontracted by the
COUNTY's consultant or contractor.
O. COUNTY shall obtain Big Cypress Basin right of way permits to do work within
the Big Cypress Basin right of way.
SECTION II: CI'TY's RESPONSIBILITY
2.0 The CITY shall provide and perform project support duties as defined below to ensure
that COUNTY is able to furnish 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 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.
B. The CITY shall obtain all other written approvals from parties and/or persons
having an interest or direct control over any change in the existing Utility
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improvements as deemed necessary to ensure that COUNTY may perform its
duties and responsibilities herein in a timely and cost - effective manner without
interruption.
C. The CITY shall be responsible for the cost of Utility construction in accord with
the plans, permits, specifications, and designs prepared by the COUNTY or their
designee, including but not limited to materials, labor, and delay costs as
applicable to the Utility bid items. Additional costs incurred pursuant to future
change orders and/or supplemental agreements authorized in accord with the
provisions of Article 1.1 K above shall also remain the cost responsibility of the
CITY, said final and actual cost of all work herein known as the project Actual
Cost Statement. In addition, the CITY shall be responsible for all agreement
items included in Exhibit "A," attached hereto and incorporated herein.
D. The CITY herein agrees to assign a Utility project coordinator 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 at least five (5) working
days prior to the meeting.
E. 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
COUNTY's commencement of design coordination, construction, and contract
administration services herein. The CITYS 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.
F. The CITY shall also be responsible for all costs directly associated with all
Utility- related design, construction and contract administration services to be
performed and provided by the COUNTY. The total sum of the reimbursable
costs for said services to be paid unto the COUNTY shall be 2.5% of the Actual
Cost Statement.
SECTION III: MUTUAL COVENANTS
3.0 The CITY shall not be responsible for, nor shall the CITY dictate upon the COUNTY,
construction means, methods, techniques, skills, sequences or procedures of construction
relating to Roadway improvements. The above responsibilities during construction shall
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remain with the COUNTY's contractor and/or the contractor's subcontractors subject to
the conditions and responsibilities set forth ui this Interlocal Agreement and in Exhibit
"A
3.1 The CITY shall not be responsible to the COUNTY should the COUNTY fail to comply
with OSHA Safety and Health Standards (29 CFR 1926/1920) 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.
3.2 The COUNTY's Transportation Engineering Department Director, either directly with
the CITY or through duly authorized representatives assigned to the Roadway and Utility
by him, shall act as the COUNTY's contract manager under this Interlocal Agreement.
As the COUNTY's contract manager under this Interlocal Agreement, the Transportation
Engineering Department Director shall also have the authority with prior written approval
of the CITY to extend the limits and/or scope of Utility construction work.
3.3 The COUNTY shall provide the CITY with four (4) sets of the approved construction
plans and contract documents for the Roadway work prior to commencement of
construction activities by the COUNTY's contractor. The above materials shall include
the COUNTY's executed construction contract for the Roadway. The CITY shall pay the
COUNTY the Actual Cost Statement within 30 days of the completion of the entire
project.
SECTION IV: AGREEMENT TERMS
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 services and responsibilities mutually
performed by the CITY and by the COUNTY to the written satisfaction each to the other
for the Utility. It is understood that the actual termination date herein may occur on or
about the date of final approval and acceptance of all Roadway improvements by
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.
4.1 The Roadway shall be maintained by the COUNTY or its assigns with respect to roadway
and drainage improvements and by the CITY, with respect to utilities within COUNTY
public easements and/or rights -of -way.
4.2 The COUNTY or CITY may terminate this Interlocal Agreement 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.
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SSECTION V: INSURANCE
5.0 The CITY and the COUNTY shall maintain insurance in the minimum amounts and
types as required by Florida State Statutes.
5.1 The CITY and the COUNTY 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 Agreement shall operate as a waiver of the sovereign immunity afforded
to the parties.
SECTION VI: MISCELLANEOUS
6.0 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. Venue is in Collier County, Florida.
6.1 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.
6.2 The COUNTY shall record this Interlocal Agreement in the Official Records of Collier
County as soon as practicable after approval and execution by both parties.
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 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`f' 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 remedies shall be available.
Each party shall pay equally in the cost of the mediation.
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i
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: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk FRED W. COYLE, CHAIRMAN
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
AS TO THE CITY OF NAPLES:
ATTEST: CITY OF NAPLES, a municipal corporation
BYBy-
; fi
Patricia L. Ramb sk City Clerk I-An F. Sorey, Mayor
Approved as to form
andd legal sufficiency:
f
Robert Pritt
City Attorney
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EXHIBIT "A"
Design -Build Golden Gate Boulevard Bridge Replacements (Golden Gate and
Miller Canals) County Project #66066
Actual Cost Statement
City of Naples Responsibilities for Costs
36" Water Main Relocation Utility construction costs $601,150.00
(see attached Thomas Marine fixed price proposal from RFP 11 -5722)
Reimbursable costs for Utility- related design, construction and contract
administration services to be performed by the County (2.5% x construction
costs)
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2.5% x $601,150.00= $15,028.75
TOTAL COSTS: $616,178.75
12/11/2012 Item 16.A.29.
EXHIBIT "A"
REVISED
Price Proposal Page
Include in Separate Sealed Envelope with Technical Proposal Package
COLLIER COUNTY
PRICE PROPOSAL FORM
SOLICITATION: RFP 11 -5722
PROJECT DESCRIPTION: Design Build Golden Gate Bridge Improvements: 1) Golden Gate
Canal and 2) Miller Canal.
PROPOSED CONTRACT TIME: 540 Days Substantial 570 Total Days
Item Description Unit Quantity
Design. Build LS 1
36" water main relocation LS 1
Price
$3,447,794.00
$601,150.00
TOTAL LUMP SUM PRICE $4,048,944.00
TOTAL LUMP SUM PRICE INCLUDING PARTNERING and DISPUTES REVIEW WRITTEN OUT:
$ Four million, forty eight thousand, nine hundred forty four dollars and zero cents
DESIGN BUILD FIRM NAME: Thomas Marine Construction Inc
DESIGN BUILD FIRM ADDRESS: 8999 High Cotton Lane
Fort Myers, FL 33905
DESIGN BUILD FIRM SIGNATURE:
PRINTED NAME:
TITLE:
Provide Dun & Bradstreet Rating:
IR2 with a Paydex of 65
ident
Include in Separate Sealed Envelope with Technical Proposal Package
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