Backup Documents 11/13/2018 Item #16B1 ,�gyA-� ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
�"" a� q TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 1
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�` �" THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
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 routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. County Attorney Office County Attorney Office
1kk3a'1C
2. BCC Office Board of County bF b
Commissioners I I
3. Minutes and Records Clerk of Court's Office •b6P0A.
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 Tami Scott Phone Number (239)643-1115
Contact/ Depat Intent
Agenda Date Item was November 13,2018 Agenda Item Number 16.B.1
Approved by the BCC
Type of Document Interlocal agreement between Bayshore Number of Original 2
Attached CRA and City of Naples Documents Attached
PO number or account C,,AD ro};-�eco
number if document is mfr
to be recorded c 4gct E' l_ X41 fie& , ,ls S+y z
INSTRUCTIONS & CHECKLIST V
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? S11'1 Gy
1
2. Does the document need to be sent to another agency for additional signatures? Yes. Yes
Please forward the two copies to the City of Naples at 735 8th Street South,Naples,
Florida 34102.Attention Mr.Robert Pritt, City of Naples Attorney Office.
Please sign both copies,retain one for the City's file and
A,('eCdt0 V15SMtIJ
3. Original document has been signed/initialed for legal sufficiency. (All documents to-be s
signed by the Chaiiuran,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 NA
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 Yes
document or the foal negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's N/A
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
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 11/13/2018. Yes
9. Initials of attorney verifying that the attached document is the version approved by the Yes
BCC, all changes directed by the BCC have been made,and the document is ready for the cy32,
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
County 'of Cd,llier 1 6 1
CLERK OF THE CIRCIIT COURT
COLLIER COUNTYOUR OUSE
3315 TAMIAMI TRL E STE 102 ` C I P.O.BOX 413044
NAPLES,FL 34112-5324 NAPLES,FL 34101-3044
Clerk of Courts • Comptroller • Audito C4istodian of County Funds
--1
December 4, 2018
Robert Pritt
City of Naples Attorney Office
735 8th Street South
Naples, FL 34102
Mr. Pritt,
Enclosed are two (2) original Interlocal Agreements with Collier County Bayshore
CRA and the City of Naples approved by the Board of County Commissioners on
Tuesday, November 13, 2018. Please forward for an additional signature and
return one (1) original back to our office to be Recorded in the Official Records of
Collier County. The second original is for your records. I have enclosed a return
envelope for you convenience.
Any questions, please contact me at 239-252-8411.
Thank you,
C91)1/41..La._ atkAkt-tAir----)
Teresa Cannon, Sr. Deputy Clerk
Board's Minutes & Records Department
3299 Tamiami Trail East, Suite #401
Naples, FL 34112
Phone- (239) 252-2646 Fax- (239) 252-2755
Website- www.CollierClerk.com Email- CollierClerk@collierclerk.com
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OFFICE OF THE CITY CLERK
TELEPHONE(239)213-1015• FACSIMILE(239)213-10i ',. F� ^
735 EIGHTH STREET SOUTH • NAPLES, FLORIDA 34102-6796
December 21, 2018
Teresa Cannon
Minutes and Records Department
Collier County Government Center
3299 Tamiami Trail East, #401
Naples, FL 34112
Dear Ms. Cannon:
Enclosed is one executed original interlocal agreement between the Collier County Bayshore
CRA and the City of Naples for the Becca Avenue and Pine Street water distribution system
upgrades and fire hydrant installation.
If I can be of assistance, let me know.
Sincerely,
X,(1_
Jessica R. Rosenberg
Deputy City Clerk
Ka( ... a,C�+%/C.4 446 . (=�GG[2lIA/!L//!8 ei dedeJe CL6
County-of Collier
CLERK OF THE CIItCU fT COURT
COLLIER COUNTY C( JRTHO SE
3315 TAMIAMI TRL E STE 102 Dwight E. Brock-Clerllpf Circuit Court
P.O.BOX 413044
NAPLES,FL 34112-5324 NAPLES,FL 34101-3044
Clerk of Courts • Comptroller • Auditor • dust°dian of County Funds
January 16, 2019
City of Clerk for The City of Naples
Attn: Jessica Rosenberg
Executive Assistant/Deputy City Clerk
735 Eighth Street South, Room B
Naples, Florida 34102
Re: Interlocal Agreement between Collier County and the City of Naples —
City/County Project: Becca Avenue and Pine Street, Water Distribution
System Upgrades and Fire Hydrant Installation
Transmitted herewith is a Recroded Copy of the above referenced document for
your records, as adopted by the Collier County Board of County Commissioners of
Collier County, Florida on Tuesday, November 13, 2018, during Regular
Session.
Very truly yours,
DWIGHT E. BROCK, CLERK
Teresa Cannon, Deputy Clerk
Enclosure
Phone- (239) 252-2646 Fax- (239) 252-2755
Website- www.CollierClerk.com Email-CollierClerk@collierclerk.com
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INTERLOCAL AGREEMENT
City/County Project: Becca Avenue and Pine Street,water distribution system upgrades
and fire hydrant installation
THIS Agreement,made and entered into this IYr\ day of (efn ,
2018 by and between Collier County, a political subdivision of the State of Florida,
hereinafter called the COUNTY, and the CITY OF NAPLES, Florida, a Florida municipal
corporation, hereinafter called the CITY.
WITNESSETH
WHEREAS, the Bayshore Gateway Triangle Community Redevelopment Agency
area is located at the periphery of the City of Naples water system; and
WHEREAS, the Bayshore CRA has historically experienced low water flow and
pressure conditions and confirmed by the Greater Naples Fire Control District; and
WHEREAS, the COUNTY and CITY plan to construct, reconstruct and/or otherwise
modify a portion of CITY owned water utility distribution system located in the
unincorporated boundary of Collier County within the Bayshore Gateway Community
Redevelopment Agency, more particularly described as Becca Avenue and Pine Street,
hereinafter referred to as the"Project"; and
WHEREAS, the COUNTY has been awarded a$227,960 FY2017-2018 US Housing
and Urban Development (HUD) Community Development Block Grant (CDBG) to partially
m o 0 m 2 fund the Project (Becca Avenue and Pine Street known as Fire Suppression Project Phase 2)
0 r- M n -i and desires toprovidegrant management/oversight for the Pro ect; and
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N o o WHEREAS, the CITY desires toprovide design services to upgrade the water utility
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0 WHEREAS, the COUNTY and CITY have determined that it is economically
° °° advantageous and in the best interest of the public to enter into this Agreement.
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7 N NOW, THEREFORE, in consideration of the above premises, and the mutual
z ° covenants,terms,and provisions contained herein,the COUNTY and CITY agree as follows:
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0 °' SECTION I: COUNTY'S RESPONSIBILITY
1.01 The COUNTY will serve as project manager for the permitting and construction phase
of the Project.
1.02 The COUNTY shall provide and perform comprehensive HUD CDBG construction
administration services, as rendered jointly and concurrently with the CITY's design
of the water main and fire hydrant installation.
1.03 The COUNTY will be responsible for conducting the public bid and awarding the
construction contract. Preparation of the scope of work for the Invitation to Bid (ITB)
will be a joint effort between COUNTY and CITY.
[18-CRA-00426/1440166/1] 1 r�®
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1.04 The COUNTY shall be responsible for applying for and obtaining the Collier County
Right-of-Way permit for construction activities.
1.05 The following specific services, duties and responsibilities will be the obligation of
the COUNTY regarding design coordination, construction and contract administration
of the utility work on behalf of the CITY.
A. At the time of contract bid, those bid items identified for which the CITY is
responsible shall be subject to CITY's review and approval by the CITY's
representative.
B. COUNTY shall conduct a formal preconstruction conference prior to
commencing with the utility construction work. The COUNTY will provide
the CITY notice of the preconstruction conference at least five (5) working
days prior to the conference. The CITY's assigned project manager will attend
this conference, and other CITY representatives may attend at the CITY's
discretion. A copy of the minutes of said conference shall be submitted to all
those in attendance including the CITY.
C. COUNTY shall coordinate the utility work with third parties such as property
owners, land developers, environmental agencies, contractors, and the like to
the extent that such parties have a direct interest in or are directly affected by
the Project.
D. The utility work shall be coordinated with the CITY's utility representative
with respect to keeping the CITY advised of technical, cost, and schedule
impacts up the utility work.
E. Periodic utility field measurements and quantity calculations shall be made by
the COUNTY of utility work accomplished on an as needed basis for
processing of monthly progress payments. The utility-related field
measurements, quantity calculations and other performance data will be
verified with the CITY's utility representative prior to the COUNTY's
issuance of monthly progress payments to the contractor.
F. Upon completion of all utility work, including all work authorized under
change orders and supplemental agreements, the COUNTY and CITY shall
conduct a final inspection of the utility work with the CITY's representative
and/or its record engineer prior to COUNTY's issuing final payment to the
contractor.
G. All contracts entered into by the COUNTY for the construction of the utility
facilities shall require the party contracting with the COUNTY to hold
harmless, indemnify and defend the COUNTY and CITY 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 COUNTY's consultant or contractor pertaining to the
design and construction of the utility improvements or any person, firm, or
corporation to whom any portion of the utility work is subcontracted by the
COUNTY'S consultant or contractor.
H. Payments to contracted firms for completed and accepted work will follow the
procedures identified in the COUNTY's contract documents until HUD CDBG
funding has been expended. Once all HUD CDBG funds have been
[18-CRA-00426/1440166/1] 2
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expended, the COUNTY will invoice the City as needed to make progress
payments to the Contractor until the Project is completed.
I. The COUNTY shall administer design changes, clarifications, supplements
and other contract amendments that may be necessary during the construction
of the improvements. These contract directives to the consultant and
contractor may be in the form of plans, memoranda, reports, change orders,
and supplemental agreements and shall be subject to written approval by the
CITY's project manager and/or contract authority.
The above notwithstanding, upon notification to CITY, the CITY herein
authorizes the COUNTY to prepare, execute, and implement minor change
orders for contract amendments necessitated by actual field conditions at the
Project site so as not to delay the contractor's performance and so as to meet
the intent of the approved design for the Utility improvements. Said change
orders shall be issued by the COUNTY in compliance with current County
Purchasing Policy and Administrative procedures, either using existing
contract unit prices or negotiated unit prices for work adjustments within the
physical limit of the Utility work as shown in the construction plans. In no
event shall the value of the total change orders exceed the allowance to be
included in the BID approved by both the COUNTY and CITY. Additional or
extra work which exceeds the above change order authority by COUNTY shall
be submitted for prior review, approval and execution by the CITY.
I. 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 CITY'S engineer of record to the FDEP
and other local and state agencies that govern the Utility improvements.
SECTION II.CITY'S RESPONSIBILITIES
2.01 The CITY shall provide and perform Project support duties as defined below to ensure
that COUNTY is able to furnish contract administration services to the mutual
satisfaction of the CITY and COUNTY and other governing agencies that have
jurisdictional control over the utility improvements.
2.02 The specific Project support duties and responsibilities enumerated below shall be the
obligation of the CITY.
A. The CITY shall provide design for the improvements. The COUNTY shall
review and approve the utility design, inspect the work as necessary and
review and approve the as-built record drawings which will represent and
depict the utility as constructed.
B. The CITY herein agrees to assign a representative to the utility Project for the
entire design and construction period and notify the COUNTY in writing so
that the COUNTY may effectively coordinate its services with the CITY. The
CITY's representative shall also act as the CITY's contract authority under the
provisions of this Interlocal Agreement. The COUNTY shall provide written
notice of all meetings pertaining to this Project at least five (5) working days
prior to the meeting.
[18-CRA-00426/1440166/1] 3 C!)‘,
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C. The CITY shall assign a utility Project coordinator for the purpose of
coordinating, resolving and communicating construction issues at the field
level with COUNTY's resident construction engineer. The CITY shall
appoint/designate the project coordinator in writing to the COUNTY prior to
CITY's commencement of design coordination, construction and contract
administration services herein. The CITY's representative and/or the CITY's
project coordinator shall attend periodic construction progress meetings with
and between the COUNTY and the contractor, subcontractors and utility
companies with direct or indirect interest in the provisions of this Interlocal
Agreement.
D. Periodic on-site inspections and construction reviews will be conducted by the
CITY and COUNTY or its designee to assess the contractor's compliance with
the construction plans and contract documents.
E. The CITY shall coordinate with the COUNTY's representative with respect to
keeping the COUNTY advised of technical, cost and schedule impacts for the
improvements.
F. Periodic utility field measurements and quantity calculations shall be made by
the CITY of utility work accomplished on an as needed basis for processing of
monthly progress payments to the COUNTY's contractor. The utility related
field measurements, quantity calculations and other performance data will be
verified with the CITY's representative prior to the COUNTY'S issuance of
monthly progress payments to the contractor.
G. The CITY 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 COUNTY's contract agent/representative.
H. Upon completion of all utility work, including all work authorized under
change orders and supplemental agreements, the CITY shall conduct a final
inspection of the utility work, in conjunction with the COUNTY, with the
CITY's representative and/or its record engineer prior to COUNTY's issuing
final payment to the contractor.
SECTION III. MUTUAL COVENANTS
3.01 The CITY shall not be responsible to the County should the COUNTY fail to comply
with OSHA Safety and Health Standards (29 CFR 1926) as authorized by the U.S.
Department of Labor, Occupational Safety and Health Administration, said
responsibilities to be that of the COUNTY's contractor and/or the contractor's
subcontractor.
3.02 The CITY shall provide the COUNTY with four(4) sets of the approved construction
plans and contract documents for the utility work prior to commencement of
construction activities.
SECTION IV. AGREEMENT TERMS
4.01 This Interlocal Agreement shall remain in full force and effect from the date first
above written and shall terminate upon the completion of all services and
8-CRA-00426/1440166/1] 4
02)
1 6 B 1
responsibilities mutually performed by the CITY and by the COUNTY to the written
satisfaction each to the other. It is understood that the actual termination date herein
may occur on or about the date of final approval and acceptance of all improvements
by the CITY and COUNTY and subject to construction contract warranty provisions.
This date is contemplated to be subsequent to the actual date of final approval and
acceptance of the utility improvements by the CITY and following payment by the
CITY to the COUNTY.
4.02 The utilities shall be maintained by the CITY or its assigns within the COUNTY
public easements and/or rights-of-way.
4.03 The COUNTY or the CITY may terminate this Interlocal Agreement prior to the
completion of the utility work upon thirty (30) days prior written notice each to the
other. In the event of such termination by either party, the CITY shall be entitled to
receive due compensation for the value of services rendered, construction performed
and termination costs as actually incurred.
SECTION V.INSURANCE
5.01 The COUNTY and the CITY shall maintain insurance coverage in the minimum
amounts and types as required by Florida State Statutes or as outlined in the HUD
CDBG Subrecipient agreement whichever is more stringent.
5.02 The COUNTY and the CITY agree that both parties are partially self-insured. Each
shall provide to the other evidence of insurance in excess of the self-insured retention.
5.03 Nothing in this Agreement shall operate as a waiver of the sovereign immunity
afforded to the parties as provided in Section 768.28, Florida Statutes.
SECTION VI. MISCELLANEOUS
6.01 This Interlocal Agreement shall be governed by and construed under the laws of the
State of Florida. In the event any litigation is instituted by way of construction or
enforcement of this Interlocal Agreement, the party prevailing in said litigation shall
be entitled to collect and recover from the opposite party all court costs and other
expenses excluding attorney's fees. The Venue is in Collier County, Florida.
6.02 It is understood that this Interlocal Agreement must be executed by both parties prior
to the CITY and the COUNTY commencing with the work, services, duties and
responsibilities described heretofore.
6.03 This Agreement contains the entire understanding between the parties and any
modifications to this Agreement shall be mutually agreed upon in writing by the CITY
and the COUNTY, in compliance Purchasing Policy and Administrative Procedures in
effect at the time such services are authorized.
SECTION VII. DISPUTE RESOLUTION
7.01 The parties recognize they are entities subject to dispute resolution procedures set out
in Chapter 164, Florida Statutes.
[18-CRA-00426/1440I66/1] 5 )
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7.02 In the event of a dispute between the parties concerning this Interlocal Agreement, the
COUNTY and CITY agree to attempt to resolve the dispute as expeditiously and
inexpensively as feasible. Specifically, respective staffs will meet within ten (10)
days of provision of notice of the dispute and attempt in good faith to resolve the
dispute. They may jointly agree to a mediator to expedite and effectuate a resolution.
If both parties are unable to agree upon a mediator, within ten (10) days thereafter,
they shall jointly request Chief Judge of the 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,
Florida Statutes remedies shall be available. Each party shall pay equally in the cost of
the mediation.
IN WITNESS WHEREOF, the parties hereto have caused this Interlocal. Agreement to be
executed by their appropriate officials, as of the date first above written.
AS TO COUNTY: COLLIER COUNTY, FLORIDA
ATTEST: r e
CRYSTAL KINZEL, CLERK •
Xi/frfl*249
Attest as to Chairman's Deputy Clerk DONNA FIALA, CHAIRMAN
signature only.
Approved as to form and legality:
\O
CO
Jennifer A.Belp t 9D.
Assistant County Attorney �'""\O\a'
AS TO T CFTY oi1i PLES:
ATTEST'= C Y •F KAP E`, FLORIDA
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itil�a`�'.� ,dor G t` xii.i. j / r
Patricia £ 2ambosJc. City-Clerk/ Bil Barnett, •ayor
Approved as`to;"cera.=acrd legal
sufficiency:
(PtgA 'r" ' ( 4
Robert Pritt, City Attorney
[18-CRA-00426/1440166/1] 6 45