Backup Documents 03/09/2021 Item #16A 7 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A 7
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
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.
2.
3. County Attorney Office County Attorney Office SRT 3-17-21
4. BCC Office Board of County PT by JH/s/ 3-17-21
Commissioners
5. Minutes and Records Clerk of Court's Office ��1 11(4P0a'l
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Gino Santababara/Growth Management Contact Information 239-252-2925
Contact/Department
Agenda Date Item was March 9,2021 Agenda Item Number 16A7
Approved by the BCC
Type of Document Amendment to the Interlocal Agreement with the Number of Original 1
Attached City of Naples for Phase II of a joint stormwater, Documents Attached
water,and sanitary sewer project between
Goodlette-Frank Road and US-41
PO number or account N/A
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature N/A
2. Does the document need to be sent to another agency for additional signatures? 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 GS
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 N/A
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 GS
document or the fmal negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's GS
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 3/9/2021 and all changes made during the GS A'its
meeting have been incorporated in the attached document. The County Attorney's option
Office has reviewed the changes,if applicable. is line.
9. Initials of attorney verifying that the attached document is the version approved by the BCC, rf'� /A is
all changes directed by the BCC have been made,and the document is ready for the V opti
Chairman's signature.
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MEMORANDUM
Date: March 18, 2021
To: Gino Santabarbara, Principal Planner
Impact Fees & Program Management Division
From: Martha Vergara, Sr. Deputy Clerk
Minutes & Records Department
Re: Amendment to Interlocal Agreement w/City of Naples, Phase II of
Joint Stormwater, Water, and Sanitary Sewer Project between
Goodlette-Frank Road and US-41
Attached are is a copy of the document as referenced above, (Agenda Item #16A7)
approved by the Board of County Commissioners on Tuesday, March 9, 2021.
A copy has been kept by the Minutes and Records Department as a part of the
Board's Official Records.
If you have any questions, please feel free to call me at 252-7240.
Thank you.
Attachment
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INTERLOCAL AGREEMENT
PROJECT: West Goodlette-Frank Road Area Joint Stonnwater and Sanitary Sewer Improvements
THIS INTERLOCAL AGREEMENT is made, entered into and effective as of the last date
approved and signed by and between the City of Naples, Florida, a Florida municipal corporation(the
"CITY") and Collier County a political subdivision of the State of Florida, (the "COUNTY") and
(collectively,the"Parties"). .
WITNESSETH
WHEREAS,the CITY has identified a need to undertake the design and construction of a sanitary
sewer collection system to eliminate failing septic tanks on various streets located south of Pine
Ridge Road between GoodIette-Frank Road and US-41,and
WHEREAS,the CITY in 2006 developed a"Master Sewer Plan for the City's Unsewered Service
Areas",hereinafter referred to as"MSP",and
WHEREAS,the COUNTY has identified the need to make roadside improvements to the stormwater
system along various streets within the boundaries of the C1TY's MSP,and
WHEREAS,the CITY owns certain potable water and wastewater utility systems(Utility)within,
adjacent to,and in the vicinity of the road easements and/or rights-of-way of the streets identified as needing
stormwater improvements,and
WHEREAS,the CITY and COUNTY are both aware of septic system problems experienced by local
residents during periods of intense or extended rainfall that resulted in temporary street and yard flooding
within the MSP,and
WHEREAS,the CITY and COUNTY have determined and mutually agree that it is economically
advantageous and in the best interest of the public to enter Into this Agreement to undertake a joint project
(PROJECT)to construct roadside stormwater improvements and a sanitary sewer collection system,and
WHEREAS,the CITY and COUNTY are both in agreement that the CITY will manage the Project's
design,permitting and construction phases,subject to the COUNTY's participation as set forth herein,and
WHEREAS,the CITY and COUNTY ate both in agreement that the CITY will be responsible for
funding the utility cost portions of the Project and the COUNTY will be responsible for funding the
stormwater improvement cost portions of the Project.
NOW,THEREFORE,in consideration of the above premises,and the mutual covenants,terms,and
provisions contained herein,the CITY and COUNTY agree as follows:
**Remainder of this page left blank intentionally**
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Article 1:
,SECTION I: CITY's RESPONSIBILITIES
1.0 The CITY will serve as project manager for the design,permitting and construction phases of the
PROJECT. The CITY's assigned staff project manager shall be under the supervision of the CITY's
chntract manager as identified in Section 3.4 below.
1.1 The CITY shall maintain open communication with the COUNTY's assigned project manager and
provide periodic progress reports and documentation about the PROJECT as requested by the
COUNTY.
1.2 The CITY shall procure comprehensive Stormwater and roadway-related design, construction and
construction administrative services for the COUNTY's Stormwater and roadway portions of the
PROJECT, which work shall be jointly and concurrently performed with the CITY's design,
construction and construction administrative services for its Utility portions of the PROJECT.
1.3 The following specific services, duties and responsibilities will be the obligation of the CITY
regarding the design coordination,construction,and contract administration of the Stormwater and
roadway work on behalf of the COUNTY.
A. The CITY's and COUNTY's assigned project managers shall maintain open communication
with each other and provide periodic progress reports and documentation about the PROJECT
as requested by the CITY and COUNTY. Throughout the design,permitting and construction
phases of the PROJECT, both project managers shall mutually schedule periodic progress
meetings as deemed necessary.
B. The CITY shall prepare and release a Request for Proposal (RFP) for design engineering
services,in accordance with the CITY purchasing policies,that complies with the Consultant's
Competitive Negotiation Act (CCNA) as required by Section 287.055, Florida Statutes.
Preparation of the scope of work for the RFP will be a joint effort between CITY and COUNTY
wherein the main focus of the CITY's contribution will address the Utility design issues,and
the main focus of the COUNTY's contribution will address the Stonnwater and roadway design
issues. The RFP Selection Committee (described in Section 3.5 below) will rank the
Consultant's proposals and hold interviews with the top three (3) ranked firms. Upon
successful contract scope and cost negotiation with an engineering consulting firm,the Naples
City Council will vote whether to enter into design contract for the PROJECT. Before such
vote,the COUNTY may determine whether it wishes to proceed further with the PROJECT.
If not,the COUNTY shall notify the CITY in which case the COUNTY will be responsible
only for its portion of cost to that point.
C. During the design portion of the PROJECT,the CITY is responsible for providing requested
information to the consultant and timely reviews of draft plan sets. The CITY's review will
focus on the design of the Utility portions of the PROJECT,with only cursory review(primarily
dealing with conflicts)provided for the stormwater and roadway portions of the PROJECT.
The CITY will rely upon the COUNTY to provide the CITY with timely detailed reviews and
comments for the stormwater and roadway portions of the PROJECT.
D. The CITY will be responsible for preparing the procurement process to pre-qualify contractors
(with input from the COUNTY),for conducting the public bid and award of the construction
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contract,culminating with the COUNTY and CITY entering into a three-party agreement with
the selected contractor. The contractor selected shall be pre-qualified and based upon the
overall lowest (for both stormwater and utility work in the aggregate), responsive and
responsible bid received.Before such vote to approve the award of the three-party agreement
to the contractor, the COUNTY may determine whether it wishes to proceed with the
PROJECT. If not,the COUNTY shall notify the CITY,in which case the COUNTY will be
responsible for its portion of shared expenses to that point.
E. Funding for the construction of the Utility and shared expense portions of the designed and
permitted PROJECT will be provided by the CITY. The CITY is responsible for paying the
contractor selected for the PROJECT for that portion of the work pertaining to its Utility
Improvements.
F. The CITY shall obtain all necessary land rights (road rights-of-way and utility easements)
needed to successfully construct the utility portions of the PROJECT. These land rights shall
be obtained prior to issuance of a Notice to Proceed letter to the construction contractor's).
G. The CITY shall conduct a formal preconstruction conference prior to commencing with the
PROJECT. The CITY will provide the notice of the preconstruction conference at least five
(5) working days prior to the conference. The COUNTY's assigned project manager will
attend this conference, and other COUNTY representatives may attend at the COUNTY's
discretion. A copy of the minutes of said conference shall be submitted to the COUNTY's
project manager.
H. The stormwater and road work shall be coordinated with the COUNTY's project manager with
respect to keeping the COUNTY advised of technical, cost, and schedule impacts upon the
stormwater and roadway improvements.
The CITY shall confer with the COUNTY's project manager as deemed necessary by the
COUNTY in order to coordinate work stages between the Utility, stormwater, and roadway
improvements from a public interest view point.
J. The CITY shall administer design changes, clarifications, supplements and other contract
amendments that may be necessary during the design and construction of the stonnwater and
roadway 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 project manager and/or contract authority,
which approval shall not be unreasonably withheld,
The above notwithstanding, upon notification to COUNTY,the COUNTY herein authorizes
the CITY to prepare,execute,and implement minor change orders(defined as not exceeding
5%of the contract amount)for"field directives"necessitated by actual field conditions related
to the shared expenses related to roadway improvements so as not to delay the contractor's
performance as so as to meet the intent of the approved design for the stormwater and roadway
improvements. Said change orders shall be issued either using existing contract unit prices or
negotiated unit prices for work adjustments within the physical limit of the stormwater and
roadway work as shown in the;construction plans. In no event shall the value ofthe total change
orders exceed the stormwater and roadway allowance to be included in the BID approved by
both the CITY and COUNTY. Additional or extra work which exceeds the above change order
authority by CITY shall be submitted for prior review, approval and execution by the
COUNTY.
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K. CITY shall submit a final Certificate of Completion letter to the COUNTY along with an
appropriate number of plans detailing the stormwater and roadway improvements as
constructed by the Parties'contractor("As-built record drawings"). A one-year warranty for
• work completed by the contractor shall be included in the Parties'construction agreement. The
final Certification of Completion shall be submitted by the engineer of record to the FDEP and
other local and state agencies that govern the Utility improvements.
L. All contracts entered into by the Parties' for the design and/or construction of the PROJECT
shall require the party contracting with the Parties'to hold harmless,indemnify and defend the
CITY and COUNTY and its consultants, agents, officers and employees from any and all
claims, losses,penalties,fees, or any expense, damage, or liability incurred by any of them,
whether for personal injury, property damage,direct or consequential damages,or economic
loss arising directly or indirectly on account of or in connection with the work done by the
Parties' consultant or contractor pertaining to the design and construction of the Utility,
stormwater and/or roadway or by any person,firm or corporation to whom any portion of the
Utility,stormwater or roadway work is subcontracted by the Parties'consultant or contractor.
M. Monthly utility field measurements and quantity calculations shall be made by the engineer of
record of utility work accomplished for processing of monthly progress payments to the
Parties'contractor. The CITY's project manager shall verify and approve these measurements
and calculations in writing prior to the CITY's issuance of monthly progress payments to the
contractor.
N. The CITY shall open a Purchase Order to the selected construction contractor so that it can
make payment for the utility work and shared expense work performed and provided under the
terms of the Parties'construction agreement with the contractor,including the CITY's portion
of shared expenses.
Article 2:
SECTION 1I: COUNTY's RESPONSIBILITIES
2.0 The COUNTY and CITY staff shall cooperate and agree on the complete contents of the final
procurement document prior to issuance and will thereafter enter into a three-party agreement with
the contractor resulting from the procurement process, as provided herein. The COUNTY shall
provide and perform project support duties as defined below to ensure that the design,construction
and contract administration services meet the mutual satisfaction of the COUNTY and CITY, and
other governing agencies that have jurisdictional control over the stormwater and roadway
improvements.
2.1 The specific project support duties and responsibilities enumerated below shall be the obligation of
the COUNTY.
A. The COUNTY's Capital Project,Impact Fees and Program Management Division Director will
serve as the COUNTY's assigned contract authority and point of contact for the CITY's
contract manager as Identified in Section 3.4 below. The CITY's Utility Department Director
shall designate in writing an assigned CITY project manager to work with the COUNTY's
assigned project manager in typical day to day coordination of PROJECT design,permitting
and construction. The CITY's Utility Department Director shall assign in writing a Utility
project coordinator(if that person is someone different from the assigned project manager)for
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the purpose of coordinating,resolving,and communicating construction issues at the field level
with COUNTY's project manager. The CITY's project manager and/or project coordinator
shall attend periodic construction progress meetings with the COUNTY and their contractor(s),
subcontractors and utility companies with direct or indirect interest in the provisions of the
Interlace]Agreement,
B. The Parties' assigned project managers shall maintain open communication with each other
and provide periodic progress reports and documentation about the PROJECT to one another
upon request. Throughout the design,permitting and construction phases of the PROJECT,
both project managers shall mutually schedule periodic progress meetings as deemed
necessary. The Parties shall provide each other written notice of all regularly scheduled
progress meetings at least five(5)working days prior to the meeting.
C. The COUNTY shall provide CITY with the specific stormwater and roadway-related detailed
information needed for inclusion in preparation of the scope of services for the Request for
Proposals(RFP)for the PROJECT design phase consultant selection process as identified in
Section 3.5 below.
D. The COUNTY shall obtain all necessary land rights (rights-of-way, utility easements,
temporary construction easements, etc.) required for the construction, operation and
maintenance of the stormwater facilities portion of the PROJECT. The land rights shall be
obtained,recorded, and made available to the CITY prior to the COUNTY's issuance of a
jointly signed Notice to Proceed letter to the construction contractor(s).
E, Funding for the design and permitting of the stormwater and shared expense portions of the
PROJECT shall be provided by the COUNTY to the CITY. Reimbursement of COUNTY-
incurred costs for the design and permitting of stormwater and shared expense portions of the
PROJECT will be made by the COUNTY to the CITY at the 60 percent,90 percent and l00
percent design levels. If for some reason the PROJECT is terminated and does not proceed
through completion of design,or permitting,or does not enter into construction,the COUNTY
will provide the reimbursement to the CITY within ninety(90)days of the date of termination.
F. At the time of construction contract bid preparation,those stormwater and shared expense items
identified for which the COUNTY is financially responsible shall be subject to the COUNTY's
review and approval by the COUNTY's assigned project manager. The CITY will include the
stormwater and shared expense work in the PROJECT bid to receive the bid price for the
COUNTY's construction stormwater and roadway work. Prior to the CITY's issuance of the
jointly signed Notice to Proceed letter to the construction contractor, the COUNTY shall
provide a Purchase Order to the successful contractor for the COUNTY's portion of the
construction of the stormwater and shared expense improvements. Funding for additional
approved cost increases for stormwater and shared expense construction work(e.g. quantity
changes,change orders,etc.)will be provided by the COUNTY.
G. The COUNTY shall review the design documents, approve the stormwater and roadway
design,Inspect the work as necessary,and review and approve the"As-built record drawings,"
which will represent and depict the stormwater and roadway as constructed by the Parties'
contractor.
H. During the design portion of the PROJECT, the COUNTY is responsible for providing
requested information to the consultant and timely reviews of draft plan sets. The COUNTY's
review will focus on the design of the stormwater and roadway portions of the PROJECT,with
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only cursory review(primarily dealing with conflicts)provided for the utility portions of the
PROJECT. The COUNTY will provide the CITY with timely detailed reviews and comments
for the stormwater and roadway portions of the PROJECT,so that the CITY can submit the
COUNTY's comments to the design consultant.
I. Monthly stormwater and roadway field measurements and quantity calculations shall be made
by the engineer of record of stormwater and roadway work accomplished for processing of
monthly progress payments to the Parties' contractor. The COUNTY's project manager shall
verify and approve these measurements and calculations in writing prior to the COUNTY's
issuance of monthly progress payments to the contractor.
J. The COUNTY shall open a Purchase Order to the selected construction contractor so that it
can make payment for the stormwater and shared expense work performed and provided under
the terms of the Parties'construction agreement with the contractor.
Article 3:
SECTION III; MUTUAL COVENANTS
3.0 The location of the PROJECT is within Area 1,Area 2,Area 3 and Area 6 of the"City of Naples
Master Sewer Plan for the City's Unsewered Service Areas"prepared by Johnson Engineering in
September 2006. The specific streets under consideration for the PROJECT may include some or all
of the streets as shown in the attached Exhibit A Area Map.
3.1 The Parties'shall not be responsible for construction means,methods,techniques,skills,sequences
or procedures of construction relating to the PROJECT's improvements. The above responsibilities
during construction shall remain with the Parties' contractor and/or the contractor's subcontractors
subject to the conditions and responsibilities set forth in this Interlocal Agreement and the
construction contract.
3.2 The COUNTY shall be responsible for providing review services and guidance to ensure that design
and construction of the stormwater and roadway components ofthe PROJECT comply with or exceed
the COUNTY's stormwater and roadway design and construction minimum standards.
3.3 Neither Party shall be responsible to the other should their contractor fail to comply with the
Occupational Safety and Health Administration (OSHA) Safety and Health Standards (29 C.F.R.
1926)as authorized by the U.S.Department of Labor,OSHA;said responsibilities to be that of the
Parties'contractor(s)and/or their contractor's subcontractor.
3.4 The CITY's Utilities Department Director, either directly with the COUNTY's Capital Project,
Impact Fees and Program Management DIvision Director or through a duly authorized project
manager assigned to the PROJECT,shall act as the CITY's contract manager under this Interlocal
Agreement.
3.5 The CITY and COUNTY agree that this is a joint project that will follow the Request for Proposal
(RFP)process for selecting the design consultant, and the public bidding process for selecting the
construction contractor(s). As such, the City Manager shall approve the members of the RFP
selection committee. The CITY will provide two(2)staff members with utility design/construction
experience and one(1)staff member with stormwater and/or roadway design/construction experience
to serve on an RFP selection committee and a bid review committee. The COUNTY will provide
two(2)staff members with stormwater and/or roadway design/construction experience and one(I)
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staff member with utility design/construction experience to serve on an RFP selection committee and
a bid review committee.
3.6 During the construction phase of the PROJECT,construction engineering inspection services will be
provided by CITY staff,COUNTY staff consultant firm,and/or any combination thereof. Periodic
on-site inspections and construction reviews will be conducted by the CITY(or its designee)and the
COUNTY(or its designee) to assess the contractor's compliance with the construction plans and
contract documents.
3.7 Upon completion of any portion of the PROJECT,either the Utility or stormwater portions,including
work authorized under change orders and supplemental agreements,the CITY and COUNTY shall
• conduct a joint final inspection of the work with the CITY's and COUNTY's project managers and/or
inspectors and/or engineer of record prior to the Parties'issuing final payment to the contractor.
3.8 Payments to contracted firms for completed and accepted work, including design,permitting, and
construction will follow the procedures identified In the Parties' relevant contract documents. The
PROJECT expenses, which shall be shared equally by the Parties (the "shared expenses"),
specifically include:
1. CITY:That portion of the expenses required for the funding for the design,permitting
and construction of the Utility portions of the PROJECT;
2. COUNTY: That portion required of the expenses required for the funding for the
design,permitting and construction of the stormwater portions of the PROJECT; and
3. Those portions identified as shared expenses(e.g.roadway,mobilization,maintenance of
traffic,landscaping,etc.)on the I TB Bid Schedule to be agreed upon by the Parties or as
later added to this Agreement through a written amendment by the Parties.
3.9 The CITY is responsible for the development and implementation of a public relations program for
the PROJECT to address needed public support for the PROJECT. The CITY will schedule any
public meetings,workshops,information distribution,etc.deemed viable and necessary to inform the
affected public about the planned water and sewer facilities and the expectations they can have
regarding fiscal, physical, and timing impacts related to the Utility portion of the PROJECT. The
COUNTY will participate in the public meetings and provide the CITY with information related to
the stormwater and roadway regarding fiscal,physical,and timing impacts related to the PROJECT.
The CITY will provide the COUNTY written notice of all public relations public meetings,
workshops and information distribution efforts at least five(5)working days prior to the meetings,
workshops or information distribution.
Article 4:
SECTION IV: AGREEMENT TERMS
4.0 This Interlocal Agreement shall remain in full force and effect from the date last approved and signed
by the below Parties and shall terminate upon the completion of all services and responsibilities
mutually performed by the CITY and by the COUNTY to the written satisfaction of each to the other.
It is understood that the actual termination date herein may occur on or about the date of final approval
and acceptance of all Utility,Stormwater and Roadway improvements by the Parties 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 stormwater and roadway improvements by the COUNTY
and following any outstanding payment(s)owed by the COUNTY to the CITY.
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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 below indicated dates
AS TO THE CITY OF NAPLES:
•
ATTEST: CITY OF NAPLES,FLORIDA
C\-'s
i ' 11 1 4:6 :::1:71::::----- . ,...Z.- k-
Pa rio .Rpmbirlit tx.0 erk Teresa Heitmann,Mayor
•. ,.••
t.. Dated: .2'G -.-1
Approved as to Form
and Legal Sufficiency:
jo---......— #.==7)7›.- cv .
James Fox
City Attorney
AS TO THE COUNTY:
ATTEST:
Crystal K. Kinzel;. COLLIER C N FLORIDA
Clerk of Courts and^Comptroller,
., L;f'den-
By: 1*. wtalrim•► By:
'~ , o • ty Clo Penny Taylor,C air
es tp Uhairrnan$
signature only. Dated MOiGk 11 d 0
Approved as to Form
a gality: ez,
2.____
S R.Teach
Deputy County Attorney
8
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