Backup Documents 09/10/2019 Item #16B 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIPM ReC • 101 et`Kt
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO D
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE U
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 1'd �
2. BCC Office Board of County VPIU
Commissioners �,��5 . l/ tott`ek
3. Minutes and Records Clerk of Court's Office `O �f
ftcc
ker
t4
735 8th Street South,Na It 1
4. City of Naples les p
Florida 34102
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 252-8845
Contact/Department
Agenda Date Item was 9/10/19 Agenda Item Number 16.B.1 ✓'
Approved by the BCC
Type of Document Signed interlocal agreement Fire Number of Original 2
Attached Suppression III Documents Attached
PO number or account Li� - Sec. 4 ck
number if document is
to be recorded L.!P4+``
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 signat e Stamp okay
2. Does the document need to be sent to another agency for ad t ' sial s? If yes, N/A
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 smg
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 smg
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 smg
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 - . smg
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip smg
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 date above and all changes made during smg N/A is not
the meeting have been incorporated in the attached document. The County an option for
Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the an option for
Chairman's signature. this line.
10. And Return 1 fully executed copy to: Shirley Garcia via email Shirley.GarciaAColli / smg
Countyfl.gov and copy Tami Scott-Tami.Scott@CollierCountyFl.gov and Allyso g,
Holland via email amhollanda,naplesgov.com.
Says
[04-COA-01081/1344830/I]l:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9. . Revised 1.26.05, sed 2.24.05;
Revised 11/30/12 •,
NeetVirginia
From: GarciaShirley
Sent: Friday, October 11, 2019 1:39 PM
To: NeetVirginia
Subject: RE: Need Recording Account String for the Interlocal Agreement with City of Naples
187/138325/649030
Thank you,
Shirley
From: NeetVirginia<Virginia.Neet@colliercountyfl.gov>
Sent: Friday,October 11, 2019 1:34 PM
To:GarciaShirley<Shirley.Garcia@colliercountyfl.gov>
Subject: Need Recording Account String for the Interlocal Agreement with City of Naples
Virginia A. Neet, FRP
Office of the Collier County Attorney
Telephone (239) 252-8066 - Fax (239) 252-6600
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 this entity.Instead,contact this office by telephone or in writing.
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Ann P. Jennejohn
From: Ann P. Jennejohn
Sent: Friday, October 25, 2019 4:38 PM
To: GarciaShirley; ScottTami
Subject: Interlocal Agreement w/City of Naples (Item#16B1 9-10-19 BCC Meeting)
Attachments: Backup Documents 09_10_2019 Item#16B 1.pdf
Good Afternoon,
A copy of the (recorded) inter-local agreement
referenced above, between the County and
City of Naples regarding upgrades to water lines
and install/upgrade of fire hydrants within the
13ayshore Gateway Triangle CRA, is attached
for your records.
Thank you!
r
Ann Jennejohn
BMR Senior Deputy Clerk
Clerk to the Value Adjustment Board
Office:239-252-8406
Fax:239-252-8408(if applicable)
Ann.Jenneiohn@CollierClerk.com
Office of the Clerk of the Circuit Court
&Comptroller of Collier County
3299 Tamiami Trail,Suite#401
Naples, FL 34112-5324
www.CollierClerk.com
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INTERLOCAL AGREEMENT
City/County Project: Coco Avenue, Areca Avenue,Basin Street,Canal Street and
Captains Cove,water distribution system upgrades and fire hydrant installation
THIS Agreement,made and entered into this �1Nd day of ea ro Re<
2019 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 (collectively,the"Parties").
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 as confirmed by the Greater Naples Fire Control District; and
WHEREAS, the COUNTY and CITY plan to construct, reconstruct and/or otherwise
m o m cn modify a portion of CITY owned water utility distribution system located in the
o unincorporated boundary of Collier County within the Bayshore Gateway Community
on rTi
o o Redevelopment Agency, more particularly described as Coco Avenue, Areca Avenue, Basin
° 0 -1 ° -?• Street, Canal Street and Captains Cove, and hereinafter referred to as the Fire Suppression
Z M N o Project Phase—3 (the"Project"); and
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o WHEREAS, the COUNTY has been awarded a $300,000 FY2019-2020 US Housing
_ and Urban Development Community Development Block Grant ("HUD CDBG") to partially
5 n N -o
D o fund the Project and desires to provide grant management/oversight for the Project; and
D
- cnz D N WHEREAS, the CITY desires to provide design services to upgrade the water utility
o o systems within the Project area and pay the balance of the construction costs in excess of the
o COUNTY's $300,000 HUD CDBG grant award; and
-o
WHEREAS, the COUNTY and CITY have determined that it is economically
F advantageous and in the best interest of the public to enter into this Agreement.
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
1.01 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, which will be entered jointly between the CITY,.the COUNTY
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and the contractor awarded the Project. Preparation of the scope of work for the
Invitation to Bid ("[TB")will be a joint effort between the COUNTY and CITY.
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 and the CITY for the construction
of the utility facilities shall require the party contracting with the Parties' 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
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damages, or economic loss arising directly or indirectly on account of or in
connection with the work done by the Parties' 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 Parties' consultant or contractor.
H. Payments to contracted firms for completed and accepted work will follow the
procedures identified in the Parties' contract documents until HUD CDBG
funding has been expended. Once all HUD CDBG funds have been
expended, the COUNTY will invoice the CITY as needed to make progress
payments to the Contractor until the Project is completed.
1. 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 awarded contractor's performance and 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
Collier 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 awarded and 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.
J. 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' 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.
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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.
C. The CITY shall assign a utility Project coordinator for 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 Parties' awarded 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.
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
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CITY's representative and/or its record engineer prior to the issuance of final
payment to the awarded contractor.
SECTION III. MUTUAL COVENANTS
3.01 Neither Party shall be responsible to the other as a result of a failure 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 Parties' 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
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 after the actual date of final approval and acceptance
of the utility improvements by the CITY and following final payment to the awarded
contractor.
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
commencement of the Project upon fifteen (15) days prior written notice to the other.
Either party terminate this Interlocal Agreement prior to the completion of the Project
upon thirty (30) days prior written notice to the other but in the event of such
termination by either party, the Parties shall be entitled to receive 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 1-IUD
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 Each party hereto agrees that it shall be solely responsible for the negligent or
wrongful acts of its employees and agents. However, nothing contained herein shall
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constitute a waiver by either party of its sovereign immunity or the provisions of
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 for any legal proceedings shall be the
State and federal courts in and for 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, and in compliance with the COUNTY's 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.
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.
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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 COLLIER COUNTY:
ATTkk •T- _, BOARD OF COUNTY COMMISSIONERS
CR SIAL 1(INZEL, CLERK COLLIER ' p. ," LORIDA
e— , ..,',2 :C. L'..-. .e- CU.
;, ' �.4'OCJ♦ By: �! --�•�►
p / illiam L. McDaniel, Jr., \\o\\,�
-4uesi as .. 4 an Chairman
si§liatitre 0*
Approv•i as to for ani •/'Ay:
By: ', SII
R. each
Deputy County Attorney
, ,
�'J' .; :7,*'� AS TO THE CITY OF N,er AAPLES:
A F-1 '4,N THE s T 6, ,
_ ,___,:,-
aptitziAte,Y 1.0.--c_
a.
f?atricia L."RarnbaS ,City Clerk Bill Barnett, ' ayor
Vit.
Approved as to form and legal
sufficiency:
LILMubo. 6-43"—>---------
i
„_ , City Attorney
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