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Backup Documents 09/10/2019 Item #16B 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIPM ReC • 101 et`Kt TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO D THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE U Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney Office County Attorney Office 1'd � 2. BCC Office Board of County VPIU Commissioners �,��5 . l/ tott`ek 3. Minutes and Records Clerk of Court's Office `O �f ftcc ker t4 735 8th Street South,Na It 1 4. City of Naples les p Florida 34102 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Tami Scott Phone Number 252-8845 Contact/Department Agenda Date Item was 9/10/19 Agenda Item Number 16.B.1 ✓' Approved by the BCC Type of Document Signed interlocal agreement Fire Number of Original 2 Attached Suppression III Documents Attached PO number or account Li� - Sec. 4 ck number if document is to be recorded L.!P4+`` INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signat e Stamp okay 2. Does the document need to be sent to another agency for ad t ' sial s? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be smg signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's smg Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the smg document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's - . smg signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip smg should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on date above and all changes made during smg N/A is not the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the an option for Chairman's signature. this line. 10. And Return 1 fully executed copy to: Shirley Garcia via email Shirley.GarciaAColli / smg Countyfl.gov and copy Tami Scott-Tami.Scott@CollierCountyFl.gov and Allyso g, Holland via email amhollanda,naplesgov.com. Says [04-COA-01081/1344830/I]l:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9. . Revised 1.26.05, sed 2.24.05; Revised 11/30/12 •, NeetVirginia From: GarciaShirley Sent: Friday, October 11, 2019 1:39 PM To: NeetVirginia Subject: RE: Need Recording Account String for the Interlocal Agreement with City of Naples 187/138325/649030 Thank you, Shirley From: NeetVirginia<Virginia.Neet@colliercountyfl.gov> Sent: Friday,October 11, 2019 1:34 PM To:GarciaShirley<Shirley.Garcia@colliercountyfl.gov> Subject: Need Recording Account String for the Interlocal Agreement with City of Naples Virginia A. Neet, FRP Office of the Collier County Attorney Telephone (239) 252-8066 - Fax (239) 252-6600 Under Florida Law.e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 1681 Ann P. Jennejohn From: Ann P. Jennejohn Sent: Friday, October 25, 2019 4:38 PM To: GarciaShirley; ScottTami Subject: Interlocal Agreement w/City of Naples (Item#16B1 9-10-19 BCC Meeting) Attachments: Backup Documents 09_10_2019 Item#16B 1.pdf Good Afternoon, A copy of the (recorded) inter-local agreement referenced above, between the County and City of Naples regarding upgrades to water lines and install/upgrade of fire hydrants within the 13ayshore Gateway Triangle CRA, is attached for your records. Thank you! r Ann Jennejohn BMR Senior Deputy Clerk Clerk to the Value Adjustment Board Office:239-252-8406 Fax:239-252-8408(if applicable) Ann.Jenneiohn@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County 3299 Tamiami Trail,Suite#401 Naples, FL 34112-5324 www.CollierClerk.com • 1 1 68 1 INTERLOCAL AGREEMENT City/County Project: Coco Avenue, Areca Avenue,Basin Street,Canal Street and Captains Cove,water distribution system upgrades and fire hydrant installation THIS Agreement,made and entered into this �1Nd day of ea ro Re< 2019 by and between Collier County, a political subdivision of the State of Florida, hereinafter called the COUNTY, and the CITY OF NAPLES, Florida, a Florida municipal corporation, hereinafter called the CITY (collectively,the"Parties"). WITNESSETH WHEREAS, the Bayshore Gateway Triangle Community Redevelopment Agency area is located at the periphery of the City of Naples water system; and WHEREAS, the Bayshore CRA has historically experienced low water flow and pressure conditions as confirmed by the Greater Naples Fire Control District; and WHEREAS, the COUNTY and CITY plan to construct, reconstruct and/or otherwise m o m cn modify a portion of CITY owned water utility distribution system located in the o unincorporated boundary of Collier County within the Bayshore Gateway Community on rTi o o Redevelopment Agency, more particularly described as Coco Avenue, Areca Avenue, Basin ° 0 -1 ° -?• Street, Canal Street and Captains Cove, and hereinafter referred to as the Fire Suppression Z M N o Project Phase—3 (the"Project"); and 53 N 0 o WHEREAS, the COUNTY has been awarded a $300,000 FY2019-2020 US Housing _ and Urban Development Community Development Block Grant ("HUD CDBG") to partially 5 n N -o D o fund the Project and desires to provide grant management/oversight for the Project; and D - cnz D N WHEREAS, the CITY desires to provide design services to upgrade the water utility o o systems within the Project area and pay the balance of the construction costs in excess of the o COUNTY's $300,000 HUD CDBG grant award; and -o WHEREAS, the COUNTY and CITY have determined that it is economically F advantageous and in the best interest of the public to enter into this Agreement. NOW, THEREFORE, in consideration of the above premises, and the mutual covenants, terms, and provisions contained herein, the COUNTY and CITY agree as follows: SECTION I: COUNTY'S RESPONSIBILITY 1.01 The COUNTY will serve as project manager for the permitting and construction phase of the Project. 1.02 The COUNTY shall provide and perform comprehensive HUD CDBG construction administration services, as rendered jointly and concurrently with the CITY's design of the water main and fire hydrant installation. 1.03 The COUNTY will be responsible for conducting the public bid and awarding the construction contract, which will be entered jointly between the CITY,.the COUNTY CA 1 68 1 a and the contractor awarded the Project. Preparation of the scope of work for the Invitation to Bid ("[TB")will be a joint effort between the COUNTY and CITY. 1.04 The COUNTY shall be responsible for applying for and obtaining the Collier County Right-of-Way permit for construction activities. 1.05 The following specific services, duties and responsibilities will be the obligation of the COUNTY regarding design coordination, construction and contract administration of the utility work on behalf of the CITY. A. At the time of contract bid, those bid items identified for which the CITY is responsible shall be subject to CITY's review and approval by the CITY's representative. B. COUNTY shall conduct a formal preconstruction conference prior to commencing with the utility construction work. The COUNTY will provide the CITY notice of the preconstruction conference at least five (5) working days prior to the conference. The CITY's assigned project manager will attend this conference, and other CITY representatives may attend at the CITY's discretion. A copy of the minutes of said conference shall be submitted to all those in attendance including the CITY. C. COUNTY shall coordinate the utility work with third parties such as property owners, land developers, environmental agencies, contractors, and the like to the extent that such parties have a direct interest in or are directly affected by the Project. D. The utility work shall be coordinated with the CITY's utility representative with respect to keeping the CITY advised of technical, cost, and schedule impacts up the utility work. E. Periodic utility field measurements and quantity calculations shall be made by the COUNTY of utility work accomplished on an as needed basis for processing of monthly progress payments. The utility-related field measurements, quantity calculations and other performance data will be verified with the CITY's utility representative prior to the COUNTY's issuance of monthly progress payments to the contractor. F. Upon completion of all utility work, including all work authorized under change orders and supplemental agreements, the COUNTY and CITY shall conduct a final inspection of the utility work with the CITY's representative and/or its record engineer prior to COUNTY's issuing final payment to the contractor. G. All contracts entered into by the COUNTY and the CITY for the construction of the utility facilities shall require the party contracting with the Parties' to hold harmless, indemnify and defend the COUNTY and CITY and its consultants, agents, officers and employees from any and all claims, losses, penalties, fees, or any expense, damage, or liability incurred by any of them, whether for personal injury, property damage, direct or consequential 2 CAO i6B damages, or economic loss arising directly or indirectly on account of or in connection with the work done by the Parties' consultant or contractor pertaining to the design and construction of the utility improvements or any person, firm, or corporation to whom any portion of the utility work is subcontracted by the Parties' consultant or contractor. H. Payments to contracted firms for completed and accepted work will follow the procedures identified in the Parties' contract documents until HUD CDBG funding has been expended. Once all HUD CDBG funds have been expended, the COUNTY will invoice the CITY as needed to make progress payments to the Contractor until the Project is completed. 1. The COUNTY shall administer design changes, clarifications, supplements and other contract amendments that may be necessary during the construction of the improvements. These contract directives to the consultant and contractor may be in the form of plans, memoranda, reports, change orders, and supplemental agreements and shall be subject to written approval by the CITY's project manager and/or contract authority. The above notwithstanding, upon notification to CITY, the CITY herein authorizes the COUNTY to prepare, execute, and implement minor change orders for contract amendments necessitated by actual field conditions at the Project site so as not to delay the awarded contractor's performance and to meet the intent of the approved design for the Utility improvements. Said change orders shall be issued by the COUNTY in compliance with current Collier County Purchasing Policy and Administrative procedures, either using existing contract unit prices or negotiated unit prices for work adjustments within the physical limit of the Utility work as shown in the construction plans. In no event shall the value of the total change orders exceed the allowance to be included in the BID awarded and approved by both the COUNTY and CITY. Additional or extra work which exceeds the above change order authority by COUNTY shall be submitted for prior review, approval and execution by the CITY. J. COUNTY shall submit a final Certificate of Completion letter to the CITY along with an appropriate number of plans detailing the Utility as constructed by the Parties' contractor("As-built record drawings");and, one-year warranty for utility work completed. The final Certification of Completion shall be submitted by the CITY'S engineer of record to the FDEP and other local and state agencies that govern the Utility improvements. SECTION II.CITY'S RESPONSIBILITIES 2.01 The CITY shall provide and perform Project support duties as defined below to ensure that COUNTY is able to furnish contract administration services to the mutual satisfaction of the CITY and COUNTY and other governing agencies that have jurisdictional control over the utility improvements. 2.02 The specific Project support duties and responsibilities enumerated below shall be the obligation of the CITY. 3 S 1681 A. The CITY shall provide design for the improvements. The COUNTY shall review and approve the utility design, inspect the work as necessary and review and approve the as-built record drawings which will represent and depict the utility as constructed. B. The CITY herein agrees to assign a representative to the utility Project for the entire design and construction period and notify the COUNTY in writing so that the COUNTY may effectively coordinate its services with the CITY. The CITY's representative shall also act as the CITY's contract authority under the provisions of this Interlocal Agreement. The COUNTY shall provide written notice of all meetings pertaining to this Project at least five (5) working days prior to the meeting. C. The CITY shall assign a utility Project coordinator for coordinating, resolving and communicating construction issues at the field level with COUNTY's resident construction engineer. The CITY shall appoint/designate the project coordinator in writing to the COUNTY prior to CITY's commencement of design coordination, construction and contract administration services herein. The CITY's representative and/or the CITY's project coordinator shall attend periodic construction progress meetings with and between the COUNTY and the contractor, subcontractors and utility companies with direct or indirect interest in the provisions of this Interlocal Agreement. D. Periodic on-site inspections and construction reviews will be conducted by the CITY and COUNTY or its designee to assess the contractor's compliance with the construction plans and contract documents. E. The CITY shall coordinate with the COUNTY's representative with respect to keeping the COUNTY advised of technical, cost and schedule impacts for the improvements. F. Periodic utility field measurements and quantity calculations shall be made by the CITY of utility work accomplished on an as needed basis for processing of monthly progress payments to the COUNTY's contractor. The utility related field measurements, quantity calculations and other performance data will be verified with the CITY's representative prior to the COUNTY'S issuance of monthly progress payments to the Parties' awarded contractor. G. The CITY shall administer design changes, clarifications, supplements and other contract amendments that may be necessary during the design and construction of the utility improvements. These contract directives to the consultant and contractor may be in the form of plans, memoranda, reports, change orders and supplemental agreements and shall be subject to written approval by the COUNTY. H. Upon completion of all utility work, including all work authorized under change orders and supplemental agreements, the CITY shall conduct a final inspection of the utility work, in conjunction with the COUNTY, with the 4 CAS) 16131 CITY's representative and/or its record engineer prior to the issuance of final payment to the awarded contractor. SECTION III. MUTUAL COVENANTS 3.01 Neither Party shall be responsible to the other as a result of a failure to comply with OSHA Safety and Health Standards (29 CFR 1926) as authorized by the U.S. Department of Labor, Occupational Safety and Health Administration, said responsibilities to be that of the Parties' contractor and/or the contractor's subcontractor. 3.02 The CITY shall provide the COUNTY with four(4) sets of the approved construction plans and contract documents for the utility work prior to commencement of construction activities. SECTION IV. AGREEMENT TERMS 4.01 This Interlocal Agreement shall remain in full force and effect from the date first above written and shall terminate upon the completion of all services and responsibilities mutually performed by the CITY and by the COUNTY to the written satisfaction each to the other. It is understood that the actual termination date herein may occur on or about the date of final approval and acceptance of all improvements by the CITY and COUNTY and subject to construction contract warranty provisions. This date is contemplated to be after the actual date of final approval and acceptance of the utility improvements by the CITY and following final payment to the awarded contractor. 4.02 The utilities shall be maintained by the CITY or its assigns within the COUNTY public easements and/or rights-of-way. 4.03 The COUNTY or the CITY may terminate this Interlocal Agreement prior to the commencement of the Project upon fifteen (15) days prior written notice to the other. Either party terminate this Interlocal Agreement prior to the completion of the Project upon thirty (30) days prior written notice to the other but in the event of such termination by either party, the Parties shall be entitled to receive compensation for the value of services rendered, construction performed, and termination costs as actually incurred. SECTION V.INSURANCE 5.01 The COUNTY and the CITY shall maintain insurance coverage in the minimum amounts and types as required by Florida State Statutes or as outlined in the 1-IUD CDBG Subrecipient agreement, whichever is more stringent. 5.02 The COUNTY and the CITY agree that both parties are partially self-insured. Each shall provide to the other evidence of insurance in excess of the self-insured retention. 5.03 Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall 5 CAC) 1681 constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. SECTION VI. MISCELLANEOUS 6.01 This Interlocal Agreement shall be governed by and construed under the laws of the State of Florida. In the event any litigation is instituted by way of construction or enforcement of this Interlocal Agreement, the party prevailing in said litigation shall be entitled to collect and recover from the opposite party all court costs and other expenses excluding attorney's fees. The venue for any legal proceedings shall be the State and federal courts in and for Collier County, Florida. 6.02 It is understood that this Interlocal Agreement must be executed by both Parties prior to the CITY and the COUNTY commencing with the work, services, duties and responsibilities described heretofore. 6.03 This Agreement contains the entire understanding between the Parties and any modifications to this Agreement shall be mutually agreed upon in writing by the CITY and the COUNTY, and in compliance with the COUNTY's Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. SECTION VII. DISPUTE RESOLUTION 7.01 The parties recognize they are entities subject to dispute resolution procedures set out in Chapter 164, Florida Statutes. 7.02 In the event of a dispute between the parties concerning this Interlocal Agreement,the COUNTY and CITY agree to attempt to resolve the dispute as expeditiously and inexpensively as feasible. Specifically, respective staffs will meet within ten (10) days of provision of notice of the dispute and attempt in good faith to resolve the dispute. They may jointly agree to a mediator to expedite and effectuate a resolution. If both parties are unable to agree upon a mediator, within ten (10) days thereafter, they shall jointly request Chief Judge of the 20th Judicial Circuit to appoint a mediator qualified in construction law to mediate the dispute in accordance with the court's pre- suit mediation procedures. The mediation shall occur within ten (10) days after the mediator is appointed. If the dispute cannot be resolved at this level, the Chapter 164, Florida Statutes remedies shall be available. Each party shall pay equally in the cost of the mediation. 6 1681 IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed by their appropriate officials, as of the date first above written. AS TO COLLIER COUNTY: ATTkk •T- _, BOARD OF COUNTY COMMISSIONERS CR SIAL 1(INZEL, CLERK COLLIER ' p. ," LORIDA e— , ..,',2 :C. L'..-. .e- CU. ;, ' �.4'OCJ♦ By: �! --�•�► p / illiam L. McDaniel, Jr., \\o\\,� -4uesi as .. 4 an Chairman si§liatitre 0* Approv•i as to for ani •/'Ay: By: ', SII R. each Deputy County Attorney , , �'J' .; :7,*'� AS TO THE CITY OF N,er AAPLES: A F-1 '4,N THE s T 6, , _ ,___,:,- aptitziAte,Y 1.0.--c_ a. f?atricia L."RarnbaS ,City Clerk Bill Barnett, ' ayor Vit. Approved as to form and legal sufficiency: LILMubo. 6-43"—>--------- i „_ , City Attorney 7 5,„..1:.