Backup Documents 01/12/2016 Item #16A28 28
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP�j 6A
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1
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. o.' ,,l_•
**NEW** ROUTING SLIP � � //25? ..y-tccs—
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 1-27-2016
4. BCC Office Board of County
Commissioners \ /_/' \25A k,
5. Minutes and Records Clerk of Court's Office
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 Andrew Miller 239-252-5791
Contact/ Department
Agenda Date Item was 01/12/2016 Agenda Item Number 16.A.28
Approved by the BCC
Type of Document Interlocal Agreement Chokoloskee Bridge Number of Original One
Attached Replacement, Co. Project 66066.9 Documents Attached
PO number or account 011101T-
number if document is —
to be recorded - . u. .
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 '5.1412,A.4..,
2. Does the document need to be sent to another agency for additional signatures? If yes,
provide the Contact Information(Name;Agency; Address; Phone)on an attached sheet. SCT
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed 1,
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's
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 ;
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 _
signature and initials are required. '5-"Kr
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 '-_• and all changes made during
the meeting have been incorporated in the att.ched document. The County 'S
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached .. ument is the version approved by the
BCC, all changes directed by the BCC hav 'een made, and the document is ready for the
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
INSTR 5238308 OR 5250 PG 471 INSTR 5223257 OR 5237 PG 3725
1.6 A 2 8T
RECORDED 3/10/2016 4:27 PM PAGES 9 RE-RECORD RECORDED 2/1/2016 11:07 AM PAGES 8
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA COLLIER COUNTY FLORIDA
REC$78.00 REC$69.50
INTERLOCAL AGREEMENT
COUNTY PROJECT: Chokoloskee Bridge(030161)Replacement on CR 29(Copeland
Avenue); County Project#66066.9
THIS INTERLOCAL AGREEMENT, made and entered into this J a day of
v , 2016, by and between the Collier County Board of County
Commissioners, Collier County, Florida, a political subdivision of the State of Florida, (the
"COUNTY")and Everglades City, Florida, a Florida municipal corporation(the"CITY").
WITNESSETH
WHEREAS, the COUNTY is planning to replace the existing Bridge (#030161) over
Chokoloskee Bay on CR 29 (Copeland Avenue) designated by the COUNTY as Project No.
66066.9, said improvements hereinafter called the"Bridge;"and
WHEREAS, the CITY owns certain water and sanitary 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 Bridge project the
relocation of a portion of the existing 10"potable watermain and appurtenances that is currently
attached to the existing Bridge (#030161) and is in conflict with the COUNTY'S proposed
replacement of the Bridge; and
WHEREAS, the CITY and the COUNTY are entering into this Agreement for Design,
Construction and Engineering Services to be performed by the COUNTY pertaining to the
planned Bridge and Utility 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 enter into this Agreement to
provide for the construction of Bridge and Utility improvements by the COUNTY and to
accommodate the CITY water main; and
WHEREAS, the CITY accepts the items in the Engineer's Opinion of Probable
Construction Cost, the Utility adjustment plans sheet showing the work to be performed and the
estimated cost, which shall be included in the project's BID (ITB) Price Proposal Page and is
attached hereto and incorporated herein as Exhibit"A;"and
WHEREAS, the COUNTY is agreeable to and desirous and capable of performing,
providing or otherwise undertaking Utility construction and contract administration services for
CITY jointly and concurrently with COUNTY'S Bridge construction, and CITY agrees to
reimburse COUNTY for the final and actual costs resulting from the project's BID (ITB),Actual
Cost Statement, for the total bid items for the portion of work as identified in the attached
Exhibit"A."
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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 construction and
construction administration services to the CITY for the watermain relocation, rendered
jointly and concurrently with COUNTY's design and construction of the new Bridge.
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 66066.9 so as to replace a portion of the CITY's
existing 10" potable watermain and appurtenances currently attached to the old
bridge and replace it with a 12" DR 11 subaqueous directional bore and
approximately 800 linear feet of watermain will be relocated out from under the
pavement of the new roadway alignment within the existing CR29 (Copeland
Avenue) 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 identified for which the CITY is
responsible shall be subject to CITY's review and approval by the CITY's
representative. COUNTY shall include the Utility work in the Roadway
construction bid to arrive at a price for CITY's actual construction Utility work as
stated in Exhibit"A,"not including COUNTY's administration fees.
C. 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 identified hereinafter.
D. COUNTY shall coordinate the Utility and Bridge 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 said Utility and Roadway improvements.
E. COUNTY shall conduct regular construction progress meetings and invite the
CITY.
F. 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.
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16A28
G. 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.
H. 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.
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.
J. The COUNTY 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 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 in compliance with current County Purchasing
Ordinance procedures, 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 the total change orders
exceed the utility allowance in the BID which is Two hundred sixty four
thousand, one hundred twenty four Dollars and fourteen cents ($264,124.14) as
shown in the Actual Cost Statement attached as Exhibit "A." 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.
K. 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.
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L. 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"); bacteriological test results as
required by FDEP; and, one year warranty for utility work completed. The final
Certification of Completion shall be submitted by the COUNTY's record engineer
(TYLIN International, Inc.) to the State of Florida Department of Environmental
Protection and other local and state agencies that govern the Utility
improvements.
M. 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 hold
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 Bridge and Utility or by any person, firm or corporation to
whom any portion of the Bridge and Utility work is subcontracted by the
COUNTY's consultant or contractor.
N. COUNTY shall obtain all necessary permits to do the work.
O. COUNTY shall take ownership and properly dispose of all removed materials.
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.
The CITY's approval with respect to any of these matters shall not be
unreasonably withheld.
B. The CITY herein agrees to assign a contract agent/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
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16A28 8
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 pertaining to this project at •
least five(5)working days prior to the meeting.
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
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.
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
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 C.F.R. 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.
3.2 The COUNTY's Transportation Engineering Department Director, either directly with
the CITY or through a duly authorized representative assigned to the Roadway and
Utility project 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; subject to the COUNTY's Purchasing Ordinance and approval as required by the
Collier County Board of Commissioners.
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 Bridge. The CITY shall pay the
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16 A 2, 8 4
COUNTY the Actual Cost Statement within thirty (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 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 Roadway improvements by the 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.
4.1 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 the
COUNTY public easements and/or rights-of-way.
4.2 The COUNTY may terminate this Interlocal Agreement prior to the completion of the
Utility work upon thirty (30) days prior written notice to the City. In the event of such
termination, the COUNTY shall be entitled to receive due compensation for the value of
services rendered, construction performed, and termination costs as actually incurred.
SECTION V: INSURANCE
5.0 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.
5.1 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.
SECTIONVI: 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.
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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.
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.
IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to
be executed by their appropriate officials,as of the date first above written.
AS TO THE COUNTY:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
4,By: By:
Attest as to Chamrnan 5 ou Cle , T4m 4 . Chairman
signature only. Donna Fiala,
Approved as to form
arciiraali
NIP t R. Teach
Deputy County Attorney
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6'J
16 /Q1f
AS TO THE CITY EVERGLADES:
ATTEST: EVERGLADES CITY, FLORIDA
r
By: �f T By (4,(4/./..
Dottie Joinery Clerk Sammy Hami on, Jr.,Mayor
Approyed as,o form
and*gal d fficiency: f
LeoF. ._Salvatori, Esq.
City Attorney
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16A28
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