Backup Documents 12/11-12/2012 Item #16A29 ORIGINAL DOCUMENTS CHECKLIST & ROUTING Sli)
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TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
(Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The
completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on
the item.)
ROUTING SLIP
Complete routing lines#1 through#4 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 routing lines#1 through#4,complete the
checklist,and forward to Commissioners' Office(line#5).
Route to Addressee(s) Office Initials Date
(List in routing order)
.
2.
3.
4. 9 Pcpiir - (� County Attorney's Office 17-\\-AI2-
5. Office Manager Board of County Commissioners V2-'1%6% 12.
6. Minutes and Records Clerk of Courts Office 11/1
PRIMARY CONTACT INFORMATION `+
(The primary contact is the holder of the original document pending BCC approval.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 need to contact staff for additional or missing information.All original
documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.)
Name of Primary Staff Joseph Delate Phone Number (239)252-5821
Contact
Agenda Date Item was 12/11/12 1 Agenda Item Number 16.A.29 ✓
Approved by the BCC
Type of Document Interlocal Agreement Number of Original 1
Attached Documents Attached
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. Original document has been signed/initialed for legal sufficiency. (All documents to be JD
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements,etc.that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date of BCC approval of the JD
document or the final negotiated contract date whichever is applicable.
4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JD
signature and initials are required.
5. In most cases(some contracts are an exception),the original document and this routing slip JD
should be provided to the BCC office within 24 hours of BCC approval. 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!
6. The document was approved by the BCC on 12/11/12 and all changes made during the JD
meeting have been incorporated in the attached document. The County Attorney's Office
has reviewed the changes, if applicable.
ofv
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip
WWS Original 9.03.04 \V �� � \�` r`
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MEMORANDUM
Date: December 28, 2012
To: Joseph Delate, Senior Project Manager
Transportation Engineering/Construction Mgmt.
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Interlocal Agreement with the City of Naples for the
Golden Gate Boulevard Raw Water Main Relocation
(Bridge Repair/Replacement Project #66066)
Attached for your records is a copy of the recorded agreement referenced above
(Item #16A29) approved by the Board of County Commissioners December 11, 2012.
A certified copy of this agreement was also sent to the City of Naples (City)
Clerk, Patricia L. Rambosk. The original agreement will be held in the Board's
Official Records.
If you have any questions, please feel free to contact me at 252-8406.
Thank you.
Attachment
nt of sllier 16 A 29
CLERK OF THE RC k IT COURT
Dwight E. Brock COLLIER COUNTY OUR OUSE Clerk of Courts
Clerk of Courts 3301 TAMIAMI t' • IL E• ST Accountant
P.O. BOX 4 ,3044
NAPLES, FLORIDA 4101-3 t 44 Auditor
Custodian of County Funds
December 28, 2012
Patricia L. Rambosk, City Clerk
Office of the City of Naples Clerk
First Floor City Hall Building
735 Eighth Street South
Naples, FL 34102
Re: Interlocal Agreement between Collier County and the
City of Naples for the relocation of a raw water main; part
of the Golden Gate Boulevard Bridge Replacement Project
Dear Patricia,
Attached for City of Naples records, is a certified copy of the agreement
referenced above, approved by the Collier County Board of County
Commissioners December 11, 2012 and by Naples City Council on
November 14, 2012.
Sincerely,
DWIGHT E. BROCK, CLERK
QUA )_\4 -dif C.
Ann Jenne ,
Deputy Clerk
Attachment
Phone (239) 252-2646 Fax (239) 252-2755
Website: www.collierclerk.com Email: collierclerk @collierclerk.com
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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 11 day of
J�ecember , 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
services for CITY jointly and concurrently with the Roadway construction, and CITY agrees to
INSTR 4777537 OR 4867 PG 2178
RECORDED 12/20/2012 2:15 PM PAGES 10
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
Page 1 of 8 COLLIER COUNTY FLORIDA
REC$86.50
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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."
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 preconstruction conference prior to
commencing with the Utility construction work. The COUNTY will provide the
CITY notice of the preconstruction conference at least five (5) working days prior
to the conference. The CITY's 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.
I. 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: CITY'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 in 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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SECTION 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 20th 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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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:
ATTST`'t ,,, BOARD OF COUNTY COMMISSIONERS
DWIGHT E BROOK, CLERK COLLIER COUNTY, FLORIDA
$y'" :d... � g 0- By: !1 J 21.■■A
*Dclerk F' D W. COYLE, CHAI' '
Att*st :;
and" , 14,ficiency:
,iii
1,13A
Jeffre I la zkow
Count • 1 orney
AS TO THE CITY OF NAPLES:
ATTEST: CITY OF NAPLES, a municipal corporation
By: L,,.,,,�ryLi By: "12;41-'177V
Patricia L. Ramb sk City Clerk F. Sore Ma or
Y Y� Mayor
as to form
and legal sufficiency:
I (\),{
Robert Pritt
City Attorney
Page 8 of 8
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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) 2.5% x $601,150.00= $15,028.75
TOTAL COSTS: $616,178.75
PAGE 1 OF 2
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EXHIBIT "A"
- ''^~' ' ' ^
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 arid 2) Miller Canal
PROPOSED CONTRACT TIME: 540 Days Substantial 570 Total Days
|tem LDmsorpbon Unit Quantity Price__
Design Build LS 1 $3.447.794.00
----'—
3S^ water main relocation LS 1 $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
7-7
DESIGN BUILD FIRM SIGNATURE:
PRINTED NAME: Kevi himp. PE
TITLE: President
Provide Dun & Bradstreet Rating:
)
|R2 with aPaydexmf65
Include in Separate Sealed Envelope with Technical Proposal Package
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