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Agenda 04/25/2017 Item #16A1204/25/2017 EXECUTIVE SUMMARY Recommendation to approve an After-The-Fact Florida Department of Environmental Protection 319(h) Grant Application to fund the West Goodlette-Frank Road Area Joint Stormwater-Sewer Project totaling $750,000. (Anticipated fiscal impact $1,050,000 with a grant share of $750,000 and local match of $300,000) OBJECTIVE: To receive Board approval for a joint partnership with the City of Naples and the Florida Department of Environmental Protection (FDEP) application to support stormwater imp rovements and related activities in the community. CONSIDERATIONS: The Capital Project Planning, Impact Fees and Program Management Division responded to an announcement from the FDEP for the FY2018 Nonpoint Source Management Program grant proposal application. The following is a brief description of the application submittal: The West Goodlette-Frank Road Area Joint Stormwater-Sewer Project is a joint partnership with the City of Naples to provide improvements to eliminate nonpoint sources including stor mwater runoff from urban surface areas and eliminate failing septic tanks by installing sewer lines. The West Goodlette-Frank Road Area Joint Stormwater Sewer Project has a long and varied history of periodic street and yard flooding, with limited amounts of structure flooding. This area is located in the County but within the City of Naples’ sewer and water service area. However, there are some streets in this neighborhood that are currently unsewered with owners utilizing septic systems. Collier County Stormwater Management Section has constructed stormwater improvements within the West Goodlette-Frank Road area in previous years, ranging in scope from roadside swale and culvert reconstructions to the entire subdivision stormwater system reconstructions. The FY2015-2016 County budget included funding for small scale stormwater improvements along Ridge Street. However, staff has long been aware of the need to evaluate the stormwater needs in a more comprehensive manner and address the multiple recurring issues in the area. In September 2015 and again in January 2016 both County Stormwater Management Section staff and City Utilities Department staff met to discuss a joint project to address the sanitary sewer needs of the area while the County is constructing stormwater projects. The County Manager approached the City Manager to request the City’s consideration for developing a comprehensive solution to effectuate sanitary sewer and stormwater improvements in the area. In order to formalize the partners hip, the County approved a joint County/City Interlocal agreement at their September 27, 2016 Board of County Commissioners meeting, and the City Council approved the same Interlocal agreement at their November 2, 2016 City Council meeting. The contents of the interlocal agreement are for the County to manage the project from design through construction, using current stormwater funding to front the cost of the joint project design and permitting. Subsequently the County will fund construction of the stormwater portions of the project and the City will fund construction of the sanitary sewer portions of the project plus reimburse the County for the proportionate sewer design and permitting costs. Elimination of the septic tank and drainfield nutrient loading source by construction of the sanitary sewer collection components could be considered as perhaps the major Best Management Practice (BMP). A treatment train BMP approach for the discharging stormwater is anticipated to include roadside swales overlaying a storm sewer system. The swales are proposed to discharge into the storm sewer through inlet structures equipped with bleeder openings and skimmer devices. Where swales cannot be utilized due to space constraints, inlets are proposed to utilize inserts with capture basket and 04/25/2017 hydrocarbon capture BMPs. Within the configuration of any storm sewer design it is anticipated to include sumped inlets and/or junction boxes to capture sediments that may enter the system. Additionally, it is proposed to incorporate controlled discharge features into the design of the storm sewer system to control the rate and elevation of discharge where possible. The attached grant application was reviewed and approved by the County Manager on March 15, 2017 and due to FDEP on March 15, 2017. The timeline did not provide adequate time for the execution of the County’s pre-approval process. Collier County CMA #5330 authorizes the County Manager to approve the submittal of grant applications with subsequent Community Redevelopment Agency action at the next available Board meeting to ratify the approval as “After-The-Fact”. FISCAL IMPACT: It is anticipated that the total cost of the Stormwater project (not including the City of Naples’s Sewer improvements) will be around $2.1 million. If the grant request is awarded, the anticipated grant funding will be $750,000 with a required local match of $300,000. The local match will be funded by a transfer from the Unincorporated Area General Fund MSTU fund 111.). LEGAL CONSIDERATIONS: - The Board will have the opportunity to accept or reject the funds if the grant s approved. Accordingly, this Office has no issue with respect to the legality of this request, which is appropriate for Board action and requires a majority vote for Board Action. - JAB GROWTH MANAGEMENT PLAN IMPACT: There is no growth management plan impact associated with this project. RECOMMENDATION: To approve an After-The-Fact FDEP application submittal to fund the West Goodlette-Frank Area Joint Stormwater-Sewer Project totaling $750,000. Prepared By: Elly Soto McKuen, Project Manager; Capital Project Planning, Impact Fees and Program Management Division ATTACHMENT(S) 1. Collier County West Goodlette Frank Road Area Stormwater Sewer Project (PDF) 2. West G-F Road Area Joint Stormwater-Sewer Project Map (PDF) 3. West Goodlette Frank Road Area Executive Summary Naples-County Interlocal Agreement 9272016 (PDF) 4. West Goodlette Frank Road Area Interlocal Agreement with City of Naples (PDF) 04/25/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.12 Doc ID: 2978 Item Summary: Recommendation to approve an After-The-Fact Florida Department of Environmental Protection 319(h) Grant Application to fund the West Goodlette-Frank Road Area Joint Stormwater-Sewer Project totaling $750,000. Meeting Date: 04/25/2017 Prepared by: Title: Project Manager, CRA – Capital Project Planning, Impact Fees, and Program Management Name: Elly McKuen 03/29/2017 2:12 PM Submitted by: Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program Management Name: Amy Patterson 03/29/2017 2:12 PM Approved By: Review: Growth Management Department Judy Puig Level 1 Division Reviewer Completed 03/29/2017 3:54 PM Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 03/30/2017 2:01 PM Growth Management Department Elly McKuen Level 2 Division Administrator Skipped 03/29/2017 2:09 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 03/30/2017 4:59 PM Growth Management Department James French Additional Reviewer Completed 03/31/2017 10:50 AM Grants Edmond Kushi Level 2 Grants Review Completed 04/13/2017 12:06 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/13/2017 3:28 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/13/2017 3:41 PM Office of Management and Budget Susan Usher Additional Reviewer Completed 04/17/2017 10:14 AM Grants Therese Stanley Additional Reviewer Completed 04/17/2017 2:27 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/18/2017 8:41 AM Board of County Commissioners MaryJo Brock Meeting Pending 04/25/2017 9:00 AM LAND USE and STATUS: Land Uses of the Area Being Treated Enter the land use acreage in the table for the area being treated, not just the area that the project occupies. The area being treated is the area that is contributing runoff to the treatment system. Please use the infmmation based on the Florida Depaiiment of Transportation (FDOT) Florida Land Use Cover and Forms Classification System (FLUCCS) codes for the most recent available year. Repeat for separate drainage areas if your proposal includes more than one separate and distinct drainage area. - = Empty cell/information to be inserted Land Use (Do not alter -All must be filled out; do not Acres O/o add categories; place a O for 110 acres) Residential Low Density (1100) -- Residential Medium Density (1200) 102 100% Residential High Density (1300) -- Commercial and Services (1400) 0 0 Industrial (1500) 0 0 Extractive (1600) 0 0 Institutional (1700) 0 0 Recreational ( 1800) 0 0 Open Land (1900) 0 0 Agriculture (2000) 0 0 Upland Non-Forested (3000) 0 0 Upland Forests (4000) 0 0 Water (5000) 0 0 Wetlands ( 6000) 0 0 Barren Land (7000) 0 0 Transportation, Communication, and Utilities -(8000) .. ·· .. Land'.Use T:Qt3lS (A<:fe,age �nd .%) " .. ·. lOZ .· . ·; .·· \.;100% / •... Land Ownership Status: (check one) P Land necessary for the construction of treatment infrastructure has been acquired. Title is held by: Public Right of Wayr Land necessary for the construction of treatment infrastructure is under a legal option to buy (please provide documentation of the option-to-buy and funding to execute the purchase). r Land necessary for the construction of treatment infrastructure is under an easement which allows for the construction and access. NOTE: As the project progresses, the County may find that some improvements require easements that were not anticipated. This situation will be dealt with on a case-by-case basis. Page 3 of12 Collier County West Goodlette Frank Road Area Joint Stormwater Sewer Project 2018 319 Grant Application sewer collection components could be considered as perhaps the major BMP. A treatment train BMP approach for the discharging stmmwater is anticipated to include roadside swales overlaying a sto1m sewer system. The swales are proposed to discharge into the storm sewer through inlet structures equipped with bleeder openings and skimmer devices. Where swales cannot be utilized due to space constraints, inlets are proposed to utilize inse1is with capture basket and hydrocarbon capture BMPs. Within the configuration of any storm sewer design it is anticipated to include sumped inlets and/or junction boxes to capture sediments that may enter the system. Additionally, it is proposed to incorporate controlled discharge features into the design of the stmm sewer system to control the rate and elevation of discharge where possible. b.Describe educational activities that are part of the project. There are no educational activities associated with this project. 2.Objective: Explain how the activities and BMPs in the grant and match funded project will reduce nonpoint source pollution. Include how they will benefit the associated impaired water and, if applicable, implement the BMAP or RAP or how they will protect unimpaired waters. The Collier County Stormwater Management Section staff has received drainage complaints in past years from residents along various streets between Goodlette-Frank Road and U.S. 41. At times these complaints have also included septic system problems. The City of Naples has a "Master Sewer Plan for the City's Unsewered Service Areas" (MSPCUA) that was prepared in 2006. In an effort to address needed stormwater improvements along these streets as well as provide sanitary sewer service to eliminate the septic systems and disturb the neighborhood streets the least number of times, the County and City have developed a joint project planning and construction effmi. The sanitary sewer system and any incidental reconfigurations of the existing potable water facilities will be a part of the City of Naples Utilities systems. The stmmwater management facilities will be a pali of the Collier County stormwater management system for roadside drainage. Elimination of septic tanks in an area with a history of failure occmTences during periods of heavy rainfall and associated street and yard flooding, along with the incorporation of sto1mwater quality best management practice (BMP) features and elimination of frequent street flooding will reduce the negative impacts of stormwater that ultimately enters the Gordon River and Naples Bay. Both the Gordon River and Naples Bay have been identified as impaired due to low dissolved oxygen attributed to nutrients. There is cmTently no BMAP for the Gordon River or Naples Bay and this project will suppmi the effmis of addressing identified impaiiment concerns without the necessity of implementing a BMAP. Page 5 of12 Collier County West Goodlette Frank Road Area Joint Stormwater Sewer Project 2018 319 Grant Application Recommendation to approve an interlocal agreement with the City of Naples for a joint st... Page 1 of 3 Collier County FL AcUon Item '�O° 1853 Recommendation to approve an interlocal agreement with the City of Naples for a joint stormwater and sanitary sewer project between Goodlette-Frank Road and US -41 and direct the County Manager to prepare and issue a Request for Proposals for the engineering design and post design services for the joint project. (Project No. 60142) Information Department: Category: Attachments Capital Project Sponsors: Planning, Impact Fees, and Program Management 16.A Consent Agenda -Growth Management Dept Printout West G -F Road Area Interlocal Agreement (8-22-16 CAO Initialed) Master Sewer Plan for the City's Unsewered Service Areas 2006 Prelim Sanitary Sewer Layout Area 4 Prelim Sanitary Sewer Layout Area 5 Executive Summary EXECUTIVE SUMMARY Recommendation to approve an interlocal agreement with the City of Naples for a joint stormwater and sanitary sewer project between Goodlette-Frank Road and US -41 and direct the County Manager to prepare and issue a Request for Proposals for the engineering design and post design services for the joint project. (Project No. 60142) OBJECTIVE: To obtain Board of County Commissioners (Board) approval of an interlocal agreement with the City of Naples (City) for the design and construction of a joint stormwater and sanitary sewer project located between Goodlette-Frank Road and US -41, and also authorizing the preparation and issuance of a Request for Proposals (RFP) for the engineering design and post design services. CONSIDERATIONS:' The area bounded by US -41 to the west, Pine Ridge Road to the north, Goodlette- Frank Road to the east and Golden Gate Parkway to the south [hereinafter referred to as the West G -F Road area], has a long and varied history of periodic street and yard flooding, with limited amounts of structure flooding. This area is within the City's sewer and water service area, and some streets are currently unsewered with owners utilizing septic systems. http://colliercountyfl.igm2.com/Citizens/Detail LegiFile.aspx?MeetingID=1015&MediaP... 3/15/2017 Recommendation to approve an interlocal agreement with the City of Naples for a joint st... Page 2 of 3 On 4-12-16, the Board approved an Executive Summary (Agenda Item 16.A.15) directing the County Manager to prepare an interlocal agreement with the City for the joint stormwater and sanitary sewer project. The attached interlocal agreement is submitted for the Board's approval and the chairman's signature. Also attached is a copy of the "Master Sewer Plan for the City's Unsewered Service Areas" (MSP) prepared for the City by Johnson Engineering, Inc., in 2006, and the appropriate accompanying maps for the area of the project. The interlocal agreement is also being submitted to the Naples City Council for their approval and signature. Upon approvals and signatures of both entities, the interlocal agreement will then be recorded in the Official Records of Collier County. The next step in advancing the project is to prepare and issue an RFP for the engineering design and post design of the project components in accordance with the Florida Consultant's Competitive Negotiation Act (CCNA) per Section 287.055, Florida Statutes. This Executive Summary also functions as the request for the Board to direct the County Manager to prepare and issue the RFP, utilizing the County's Procurement Services Division. Upon review of the received proposals by a selection committee comprised of both County and City staff, and the development of a shortlisted ranking of the received proposals, the ranked shortlist will be presented to the Board for authorization to enter into contract negotiations, starting with the top ranked firm in accordance with the CCNA. The Interlocal Agreement is scheduled to be considered by the Naples City Council on October 19, 2016. FISCAL IMPACT: There is no fiscal impact other than minor recording fees for the approval of the interlocal agreement. It is important for the Board to understand the potential fiscal impacts of costs for undertaking the design, permitting and construction of the proposed project. Based upon information in the MSP, the City would utilize their authority to place an assessment in the order of $17,000 to $23,000 on each served property or unit owner within the project area for the sanitary sewer portion of the project. Funding for the stormwater portion of the project would be included in the annual capital budget for the Stormwater Management Section in Fund 325. During the design portion of the project, and prior to any construction, a detailed construction cost estimate will be developed and presented to the Board and City. Staff is of the opinion that the development of this joint project to address both stormwater and sewer service issues will increase the potential for grant funding to help offset the costs. Staff intends to pursue available grant finding for the project and consider requesting legislative appropriations. These are future issues that will be brought to the Board as the project design is nearing completion and the County Manager requests direction to release the project for construction bids or approve grant funding. GROWTH MANAGEMENT IMPACT: The authorization of an interlocal agreement to develop a comprehensive solution to a multi -faceted problem is in accordance with the intent of the Growth Management Plan Intergovernmental Coordination Element. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board approval. - JAB RECOMMENDATION: To approve the interlocal agreement with the City of Naples for the joint stormwater and sanitary sewer project located between Goodlette-Frank Road and US -41, and authorize the chairman to sign the document; and to direct the County Manager to prepare and issue an RFP for the engineering design and post design services required for the joint project and bring back to the Board a ranking of the shortlisted firms that respond to the RFP. PREPARED BY: Robert Wiley, Principal Project Manager, Stormwater Management Section, Capital Project Planning, Impact Fees and Program Management Division, Growth Management Department. http://colliercountyfl.igm2.com/Citizens/Detail LegiFile.aspx?MeetingID=1015&MediaP... 3/15/2017 INSTR 5333522 OR 5332 PG 3607 RECORDED 11/10/2016 3:21 PM PAGES 9 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $78.00 INTERLOCAL AGREEMENT PROJECT: West Goodlette-frank Road Area Joint Stormwater and Sanitary Sewer Improvements THIS INTERLOCAL AGREEMENT, made and entered into this day o0 /0"&fi16, by and between Collier County a political subdivision of the State of Florida, (the "COUNTY") and the City of Naples, Florida, a Florida municipal corporation (the "CITY"), WITNESSETH WHEREAS, the COUNTY has identified a need to undertake the design and construction of roadside stormwater improvements on various streets located south of Pine Ridge Road between Good lette-Frank Road and US -41, hereinafter referred to as "AREA", to address recurring street and yard flooding, 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 various streets within the AREA and identified as needing roadside stormwater improvements are within the boundaries of the CITY'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 COUNTY and CITY 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 AREA, and WHEREAS, the COUNTY and 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 undertake a joint project (PROJECT) to construct roadside stormwater improvements and public wastewater collection system facilities, and WHEREAS, the COUNTY and CITY are both in agreement that the COUNTY will manage the Project's design, permitting and construction phases, and WHEREAS, the COUNTY and CITY are both in agreement that the COUNTY will be responsible for funding the stormwater improvement cost portions of the Project and the CITY will be responsible for funding the utility cost portions of the Project. 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 RESPONSIBILITIES 1.0 The COUNTY will serve as project manager for the design, permitting and construction phases of the PROJECT, The COUNTY's assigned staff project manager shall be under the supervision of the COUNTY's contract manager as identified in Section 3.4 below. 1,1 'The COUNTY shall maintain open coniniunicalion with the CI`I'Y's assigned project manager and provide periodic progress reports and documentation about the PROJECT as requested by the CITY, 1.2 The COUN'T'Y shall provide and perform comprehensive Utility -related design, construction and construction administrative services to the CITY for the Utility portions of the PROJECT, rendered .jointly and concurrently with the COUNTY's design, construction and construction administrative services for the stormwater portions of the PROJECT, 1.3 Tile following specific services, duties and responsibilities will be the obligation of the COUNTY regarding the design coordination, construction, and contract administration of the Utility work on behalf of the CITY, A. The COUNTY's and CITY's assigned project managers shall maintain open communication with eachother and provide periodic progress reports and documentation about the PROJECT as requested by the COUNTY and CITY. Throughout the design, permitting and construction phases of the PROJECT, both project managers shall mutually schedule periodic progress meetings as deemed necessary. B. The COUNTY shall prepare and release a Request for Proposal (RFP) for design engineering services, in accordance with the COUNTY 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 COUNTY and CI'T'Y wherein the main focus of the COUNTY's contribution will address the stormwater and roadway design issues, and the main focus of the CITY's contribution will address the Utility design issues. Upon review of all proposals received from interested consulting engineering firms, the COUNTY shall present the recommendations of the RFP Selection Committee (described in Section 3.5 below) to the Board of County Commissioners (BCC) for ranking approval and authorization to enter into negotiations with the top ranked firm. Upon successful contract scope and cost negotiation with an engineering consulting firm, the BCC will vote whether to enter into design contract for the PROJECT. Before such vote the City may determine whether it wishes to proceed further with the PROJECT. If not, it shall notify the COUNTY, in which case the CITY will be responsible only for its portion of cost to that point. D. 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 only cursory review (primarily dealing with conflicts) provided for the Utility portions of the PROJECT. The COUNTY will rely upon the CITY to provide the COUNTY with timely detailed reviews and comments for the Utility portions of the PROJECT. E. The COUNTY will be responsible for conducting the public bid and award the construction contract. Before such vote the City may determine whether it wishes to proceed further with the PROJECT. If not, it shall notify the COUNTY, in which case the CITY will be responsible only for its portion of cost to that point. F. Funding for the construction of the stormwater and roadway portions of the designed and permitted PROJECT will be provided by the COUNTY, ,H G. The COUNTY is responsible to acquire all land rights (road rights-of-way and drainage easements) needed to successfully construct the stormwatcr and roadway portions of the PROJECT. These land rights shall be obtained prior to issuance of a Notice to Proceed letter to the construction Coll t'actor(s). 1-1. Payments to contracted firms for completed and accepted work, including design and permitting, will follow the procedures identified in the COUNTY's contract documents. The CITY will make payments directly to the Utility contractor for the Utility portion of the Coll stI'll ction. The COUNTY shall conduct a formal preconstruction conference prior to Commencing with the PROJECT. 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 the CITY's project manager. The Utility work shall be coordinated with the CITY's project manager with respect to keeping the CITY advised of technical, cost, and schedule impacts upon the Utility work. K. The COUNTY shall confer with the CITY'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. L. 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 CITY'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. M. 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 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 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 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 Utility 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. N. Upon completion of all Utility work, including work authorized under change orders and supplemental agreements, the CITY and COUNTY shall conduct a joint final inspection of EM the Utility work with the CITY's and COUNTY's project managers and/or inspectors and/or record engineer prior to COUNTY's issuing final payment to the contractor. O. 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 COUN'rY's engineer of record to the FDCP and other local and state agencies that govern the Utility improvements. 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, fees, or any expense, damage, or liability incurred by any of them, whether for personal injury, properly 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, 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 COUNTY's consultant or contractor. Q. COUNTY shall take ownership and properly dispose of all removed materials. SECTION II: CITY'S RESPONSIBILITY 2.0 Tile CITY shall provide and perform project support duties as defined below to ensure that COUNTY is able to furnish design, 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's Utilities Department Director will serve as the CITY's assigned contract authority to be the point of contact for the COUNTY'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 fi•om the assigned project manager) for 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 and between the COUNTY and contractor, subcontractors and utility companies with direct or indirect interest in the provisions of the Interlocal Agreement. B. The COUNTY's and CITY'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 COUNTY and CITY. Throughout the design, pennitting and construction phases of the PROJECT, both project managers shall mutually schedule periodic progress meetings as deemed necessary. The COUNTY shall provide the CITY written WN notice of all regularly scheduled progress meetings at least five (5) working days prior to the meeting. C. The CITY shall provide COUNTY with the specific Utility -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 CITY shall obtain all necessary land rights (rights-of-way, utility easements, temporary construction easements, etc,) required for the construction, operation and maintenance of the Utility facilities portion of the PROJECT. The land rights shall be obtained, recorded, and made available to the COUNTY prior to the COUNTY's release of the construction bid request., E. Finding for the design and permitting of the Utility portions of the PROJECT shall be provided by the CITY to the COUNTY. Reimbursement of COUNTY -incurred costs for the design and permitting of Utility portions of the PROJECT will be made by the CITY to the COUNTY within thirty (30) days of the Notice to Proceed letter to the construction contractor. 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 CITY will provide the reimbursement to the COUNTY within ninety (90) days of the date of termination. F. At the time of construction contract bid preparation, those Utility items identified for which the CITY is financially responsible shall be subject to the CITY's review and approval by the CITY's assigned project manager. The COUNTY will include the Utility work in the PROJECT bid to arrive at the price for the CITY's actual construction Utility work. Prior to the COUNTY's issuance of the Notice to Proceed letter to the construction contractor the CITY shall provide a Purchase Order to the successful contractor for the CITY's portion of the construction of the Utility improvements. Funding for additional approved cost increases for Utility construction work (e.g, quantity changes, change orders, etc.) will be provided by the CITY. G. 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, H, 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 provide the COUNTY with timely detailed reviews and comments for the Utility portions of the PROJECT, so that the COUNTY can submit the CITY's comments to the design consultant, 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 coordinate with the COUNTY the scheduling of any public meetings, workshops, information distribution, etc, deemed viable and necessary to inform the affected public about the planned stormwater and sewer facilities and the expectations they can have regarding fiscal, physical, and timing impacts related to the PROJECT. The CITY shall provide the COUNTY written notice of all public relations public meetings, workshops and information distribution efforts at least live (5) working days prior to the meetings, workshops, or information distribution, 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 COUNTY's 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. K Upon completion of all Utility work, including work authorized under change orders and supplemental agreements, the CITY and COUNTY shall conduct a joint final inspection of the Utility work with the CITY's and COUNTY's project managers and/or inspectors and/or engineer of record prior to CITY's issuing total payment to the contractor. SECTION III: MUTUAL COVENANTS 3.0 The location of the PROJECT is within Area 4 and Area 5 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 fol lowing streets: • Hollygate Lane • Frank Whiteman Blvd. • Cooper Drive • Illinois Drive • Wisconsin Drive • 10`r' Street North • 12"' Street North • 14`r' Street North • Ohio Drive • High Point Circle • Ridge Street • Rosemary Lane • Rosemary Court 3.1 The CITY shall not be responsible for construction means, methods, techniques, skills, sequences or procedures of construction relating to Roadway or Stormwater 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, 3.2 The CITY shall be responsible for providing review services and guidance to the COUNTY to ensure that design and construction of the Utility components of the PROJECT comply with or exceed the CITY's Utility design and construction minimum standards. 3.3 The CITY shall not be responsible to the COUNTY should the COUNTY 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 COUNTY's contractor and/or the contractor's subcontractor. 3.4 The COUNTY's Capital Project, Impact Cees and Program Management Division Director, either directly with the CITY's Utilities Department Director or through a duly authorized project manager assigned to the PROJECT, shall act as the COUNTY's contract manager under this Interlocal Agreement. As the COUN'1'Y's contract manager under this Interlocal Agreement, the Capital Project, Impact Fees and Program Management Division 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 Policy and approval as required by the Collier County Board of Con unission ers, 3.5 The COUNTY and CITY 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 COUNTY will provide two (2) staff members with stormwater design/construction experience and one (1) staff member with utility design/construction experience to serve on an RFP selection committee and a bid review committee. The CITY will provide one (1) staff member with stormwater design/construction experience and two (2) staff members 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 a CITY staff, COUNTY staff, consultant firm, and/or any combination thereof. Periodic on-site inspections and construction reviews will be conducted by the COUNTY or its designee or the CITY to assess the contractor's compliance with the construction plans and contract documents. 3.7 The COUNTY shall provide the CITY with four (4) sets of the approved construction plans and contract documents for the PROJECT prior to commencement of construction activities by the COUNTY's contractor. SECTION IV: AGREEMENT TERMS 4.0 This hiterlocal 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 COUNTY and by the CITY 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 Roadway, Stormwater and Utility 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 Within the COUNTY public easements and/or rights-of-way of the AREA impacted by this Project, the Roadway and Stormwater improvements shall be maintained by the COUNTY or its assigns, and the Utilities improvements shall be maintained by the CITY or its assigns. 4,2 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 COUNTY shall be entitled to receive due compensation for the value of services rendered, construction performed, and termination costs as actually incurred. SEC'T'ION V: INSURANCE 5.0 The COUNTY and the CITY shall maintain insurance in at least the nlinini un amounts and types as required by Florida Statutes. 5.1 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, 5.2 Nothing in this Interlocal 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 6.0 This Interlocal Agreement shall be governed by and construed under the laws of the State of Florida, hn the event any litigation is instituted by way of construction or enforcement of this Interlocal Agreement, the party prevailing in said litigation shall be entitled to collect and recover from the opposite party all court costs and other expenses excluding attorney's fees. Venue is in Collier County, Florida, 6,1 It is understood that this Interlocal Agreement must be executed by both parties prior to the COUNTY and the CITY commencing with the work, services, duties, and responsibilities described heretofore. 6.2 This Agreement shall be modified or amended only by written agreement of both the COUNTY and the CITY through authorized representatives. 6.3 The County shall record this Agreement at is sole cost in the Public Records of Collier County. 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 Interlocal 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 20°i Judicial Circuit to appoint a mediator qualified in construction law to mediate the dispute in accordance with the court's pre -suit mediation procedures, Tine 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 'G`, ^ r?.S` DWIG-4 8" $R6" "6& CLERIC �1i1f"-;' itll`'Deputy Clerk 5igh0tl :.bn� Approved as to form and legality: Jennifer . Belpedio7�i Assistant County Attorne `' AS TO THE CITY OP,' NAPIX$: ATTEST: By. Patiicia li,tiibosk C;t Clete • t` Approved as to form and legal sufficiency: Robert Pritt City Attorney COLLIER COUNTY, FLORIDA j4;& By: Dot na Fiala, Chairman i ��e A / State of Flonoa County of COLt_IEh I HEREBY CERI1FY I'HAT thi sis correct copy of a docurnPntGoii'•fjle Board Minutes and Recbic� o'ojiir Cdur�ly{ r WITNESS my hand and ofricia�seai 1�day ofyjjj; , , DWI T E. BROCK, ?l RK,QC F U. , 4