Agenda 10/27/2020 Item #11B (Interlocal Agreement)10/27/2020
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign an Interlocal Agreement with the
Collier County Public School District for certain costs incurred in the construction of the Design -
Build Veterans Memorial Boulevard Extension, Phase I (County Project Number 60198) for
infrastructure and improvements, benefiting High School GGG and Veterans Memorial
Elementary School; in the amount of $1,382,720. (This is a companion to agenda item 9.A).
OBJECTIVE: That the Board of County Commissioners (Board) approves an agreement setting forth the
terms under which the County will undertake the construction of infrastructure and improvements,
benefiting High School GGG and Veterans Memorial Elementary School.
CONSIDERATIONS: In January 2019, the Collier County Public Schools District (District) identified
and intends to design, permit and construct High School GGG, located on a 61-acre parcel of land, owned
by the District, within the Veterans Memorial Boulevard corridor, approximately 1.3 miles west of
Livingston Rd. and Veterans Memorial Boulevard intersection.
The County advanced the Veterans Memorial Boulevard (VMB) Extension Project, which had already
been included in the County's 5-Year Work Program, once the District's high school site was identified.
The VMB Extension Project limits are from Old 41 Road to the intersection of Livingston Road.
Due to environmental challenges and the District's school opening schedule, the VMB Extension Project
was separated into two phases. Phase I is from the proposed high school site to the intersection of
Livingston Rd. and Veterans Memorial Blvd., Phase 11 is from Old 41 Road to the west of the high school
site.
On July 14th, 2020 (Agenda Item 16.A.32), the Board approved the selection committee's final ranking
and authorized staff to enter into negotiations with the number one ranked Design -Build team, Quality
Enterprises USA, Inc./Q. Grady Minor & Associates, P.A. ("Contractor") for 20-7708, Design -Build
Veterans Memorial Boulevard Extension, Phase I.
The County had included as part of the Design -Build package for Phase I, the transportation infrastructure
improvements needed for the operation of the High School and the Elementary School. The construction
contract will be awarded under a separate agenda item number. The District has agreed to reimburse the
County the cost of constructing the related infrastructure including, turn lanes, traffic signals, and utilities,
as itemized in the Interlocal Agreement, Exhibit B.
FISCAL IMPACT: The School District of Collier County will reimburse Collier County within 60 days
of this agreement being approved by both parties, in the amount of $1,382,720. Funds will be reimbursed
to the appropriate impact fee district.
The County will be responsible for all future repair, replacement, and maintenance of the infrastructure
and improvements that are subject to reimbursement.
GROWTH MANAGEMENT IMPACT: The project is in conformance with the goals and objectives of
the Transportation Element of the Growth Management Plan.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. The Collier County Public Schools District
will also need to approve this Agreement, which they will hear following the Board's meeting. -JAK
Packet Pg. 212
10/27/2020
RECOMMENDATION: To approve and authorize the Chairman to sign an Interlocal Agreement with
the Collier County Public School District for certain costs incurred in the construction of the Design -
Build Veterans Memorial Boulevard Extension, Phase I (County Project Number 60198) for
infrastructure and improvements, benefiting High School GGG and Veterans Memorial Elementary
School; in the amount of $1,382,720.
Prepared by: Bee Thao, P.E, Sr. Project Manager, Transportation Engineering Division
ATTACHMENT(S)
1. Interlocal Agreement (PDF)
Packet Pg. 213
11.B
10/27/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: I LB
Doe ID: 13908
Item Summary: Recommendation to approve and authorize the Chairman to sign an Interlocal
Agreement with the Collier County Public School District for certain costs incurred in the construction of
the Design -Build Veterans Memorial Boulevard Extension, Phase I (County Project Number 60198) for
infrastructure and improvements, benefiting High School GGG and Veterans Memorial Elementary
School; in the amount of $1,382,720. (This is a companion to agenda item 9.A). (Jay Ahmad, Director,
Transportation Engineering Division)
Meeting Date: 10/27/2020
Prepared by:
Title: — Transportation Engineering
Name: Bee Thao
10/13/2020 8:28 AM
Submitted by:
Title: Division Director - Transportation Eng — Transportation Engineering
Name: Jay Ahmad
10/13/2020 8:28 AM
Approved By:
Review:
Growth Management Department
Judy Puig
Level 1 Reviewer
Transportation Engineering
Marlene Messam
Additional Reviewer
Transportation Engineering
Jay Ahmad
Additional Reviewer
Procurement Services
Opal Vann
Level 1 Purchasing Gatekeeper
Procurement Services
Sandra Herrera
Additional Reviewer
Growth Management Department
Lisa Taylor
Additional Reviewer
Growth Management Operations Support
Christopher Johnson
Growth Management Department
Jeanne Marcella
Department Head Review
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Office of Management and Budget
Laura Zautcke
Additional Reviewer
County Manager's Office
Nick Casalanguida Level 4 County Manager Review
Board of County Commissioners
MaryJo Brock
Meeting Pending
Growth Management Department
Bee Thao
Deputy Department Head Review
Completed 10/13/2020 8:59 AM
Completed 10/13/2020 9:24 AM
Completed 10/13/2020 9:39 AM
Completed 10/13/2020 10:30 AM
Completed 10/13/2020 11:53 AM
Completed 10/13/2020 1:19 PM
Additional Reviewer Completed
Completed 10/13/2020 2:02 PM
Completed 10/13/2020 2:12 PM
Completed 10/14/2020 2:54 PM
Completed 10/19/2020 8:52 AM
Completed 10/19/2020 11:15 AM
10/27/2020 9:00 AM
Skipped 10/13/2020 8:23 AM
Packet Pg. 214
11.B.1
INTERLOCAL AGREEMENT
(Veterans Memorial Boulevard Extension — Phase 1)
This Interlocal Agreement ("Agreement") is made and entered into this
of , 2020 by and between the School District of Collier County
("District"), on the one hand, and Collier County, a political subdivision of the State of
Florida and the Collier County Water -Sewer District on the other (collectively referred to
as the "County").
RECITALS:
WHEREAS, the District intends to design, permit and construct High School GGG,
located on a 61-acre parcel of land, owned by the District, as Parcel No. 00151600003 (the
"High School Site"); and
WHEREAS, the District intends to complete construction and open High School
GGG for operation at the start of the new school year in August of 2023; and
WHEREAS, the County intends to design, permit and construct the first phase of
the Veterans Memorial Boulevard extension, from Livingston Road to the current terminus
of the western edge of the existing Veterans Memorial Boulevard, then from the western
edge of the existing Veterans Memorial Boulevard to the High School Site, including the
construction and installation of signage, pavement markings, utilities, traffic signals,
crosswalks and turn lanes to serve both the High School Site and the existing Veterans
Memorial Elementary School Site (the "VMB Extension"), with a graphic showing a rough
depiction of this entire project set forth as Exhibit A; and
WHEREAS, the County intends to complete construction and open the VMB
Extension for operation, as a public right-of-way, prior to the start of the new school year
in August of 2023; and
WHEREAS, the District desires to reimburse the County for certain costs incurred
in the construction of the VMB Extension for infrastructure and improvements, benefiting
High School GGG and Veterans Memorial Elementary School; and
WHEREAS, the purpose of this Agreement is to establish the terms for
reimbursement of certain construction costs and set forth the rights and obligations of the
parties related to the construction of High School GGG and the VMB Extension in the best
interest of the public.
WITNESSETH
NOW THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration exchanged amongst the parties, and in consideration of the mutual
promises, commitments and covenants contained herein, the parties agree as follows:
CCA 0)
Packet Pg. 215
11.B.1
1. Recitals. The parties agree and acknowledge that the recitals above are true and
correct.
2. Reimbursement to County. The District shall pay the County one million three
hundred eighty-two thousand and seven hundred twenty dollars ($1,382,720.00) to
reimburse the County for the costs incurred, as part of the VMB Extension project, for
constructing and installing signage, pavement markings, utilities, traffic signals,
crosswalks and turn lanes that serve and benefit the High School Site and the Veterans
Memorial Elementary School Site, as specifically broken -out and set forth in Exhibit B
attached hereto and made a part hereof (the "Reimbursement"). The District shall have
sixty (60) days from the date that this Agreement is approved by both parties to make the
Reimbursement payment to the County. The County shall have the responsibility, at its
sole cost and expense, for all future repair, replacement and maintenance of the
infrastructure and improvements that are subject to Reimbursement.
3. District Grant of Public Rifzht-of-Way Easement. The District will, when
requested by County, grant and convey to the County utilizing the County's standard form
Easement, a perpetual, non-exclusive, fifteen (15) foot -wide, public road right-of-way,
drainage and utility easement utilized for the turn lanes along the northern property
boundary of the High School Site. The County shall, at its sole cost and expense, construct
and thereafter maintain the turn lanes. The County shall be responsible for all costs related
to recording the Easement in the Official Public Records of Collier County, Florida.
4. County Grant of Temporary Construction Access Easement. The District
intends to commence construction of the high school prior to the anticipated opening of the
Veterans Memorial Blvd. Extension. Accordingly, within 30 days from receipt of a request
by the District, the County will convey to the District a temporary, non-exclusive, thirty
(30) foot -wide, temporary construction access easement over a portion of the future VMB
Extension for the purpose of providing the District temporary construction ingress and
egress to and from the existing Veterans Memorial Boulevard and the High School Site
(the "Temporary Construction Access"). The County shall determine, in its sole and
absolute discretion, the exact location of the Temporary Construction Access within the
public right-of-way for the VMB Extension. The County shall have the responsibility, at
its sole cost and expense, for removing all vegetation and providing and installing
compacted fill, lime -rock, and/or gravel, as necessary to facilitate the reasonable use of the
Temporary Construction Access by the District's construction equipment on or before June
1, 2021. The Temporary Construction Access shall automatically terminate upon the
completion of the VMB Extension project.
5. Utilities - Water and Sanitary Sewer. As part of the VMB Extension project,
the County shall, at its sole cost and expense, extend the 12-inch potable water main. The
District shall design and permit the appropriate size of sanitary sewer force main,
appropriate for its needs and provide this design to the County for installation along the
VMB Extension to the High School Site. In the event that the actual proportionate share
lrCfld
Packet Pg. 216
of the cost incurred to extend the required sanitary sewer force main to the High School
Site is less than the estimated cost of $254,961, the County shall refund any such
overpayment to the District within ninety (90) days of the completion of the VMB
Extension project.
6. Stormwater Manaizement Out -Fall. With respect to stormwater management,
the District shall have the right to direct the drainage out -fall from the High School Site to
the existing drainage canal/ditch, located inside the existing 100 foot -wide drainage
easement, dedicated to the County and located along the western boundary of the Imperial
Golf Estates community, provided that the District complies with all other permitting
requirements of the South Florida Water Management District.
Legal Matters
7. This Agreement shall be recorded by the County in the Official Records of
Collier County, Florida, within fourteen (14) days after the Agreement is fully executed.
Collier County shall pay all costs of recording this Agreement. A copy of the recorded
document will be provided to District within 15 days of recordation.
8. This Agreement shall not be construed or characterized as a development
agreement under the Florida Government Development Agreement Act.
9. In the event of a dispute under this Agreement, the County Manager and the
District Superintendent shall first try to negotiate a resolution acceptable to both parties.
Should such discussions fail to resolve the dispute, the parties shall then conduct
themselves consistent with the Florida Governmental Conflict Resolution Act. In the event
any litigation is instituted with respect to this Agreement, the party prevailing in said
litigation shall be entitled to collect and recover from the opposite party all court costs and
other expenses including reasonable attorney's fees.
10. This Agreement shall be governed by and construed in accordance with the
laws of the State of Florida. With respect to the subject matter herein, this Agreement is
the entire agreement between the parties, superseding all previous oral and written
representations, understandings, and agreements between the parties. This Agreement can
only be changed by a writing signed by both parties. Any waiver at any time by either
party of its rights with respect to any matter arising in connection with this Agreement shall
not be considered a waiver of such rights or matters by either party at any subsequent time.
This Agreement shall take effect on the date first above written and shall continue in effect
until the parties mutually determine that it is no longer needed or until termination pursuant
to the terms hereof.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
tt: ao'
Packet Pg. 217
11.B.1
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officials, as of the date first above written.
ATTEST: Board of County Commissioners
Crystal K. Kinzel, Clerk Collier County, Florida, on behalf of
Collier County, Florida and as Ex-Officio of
the Governing Body of the Collier County
Water -Sewer District.
By: By:
Deputy Clerk Burt L. Saunders, Chairman
Approved 4s e and legality:
Jeffrey A'4Kl�jzk-Mv, County Attorney
District School Board of
Collier County, Florida
Stephanie Lucarelli, Chair
ATTEST:
Kamela Patton, Superintendent
Approved as to form and legal sufficiency:
Jon Fishbane, District General Counsel
Packet Pg. 218
11.B.1
Exhibit "A"
Project Location
Veteran Memorial Boulevard Extension
GGG High School Entrance
Veteran Memorial Elementary (VME) Entrance
__ _ -'_
—_ - .___•___ --
_ter—.
-
w
i��i
R
F
^STOPj
IJI cwn �
"
N
�
Ciitr. ,�.
.� Y
� •! �•v
CCAO,
Packet Pg. 219
11.B.1
Exhibit "B"
(Break-out & Detail of Reimbursement Costs)
Hieh School GGG
Signage & Pavement Markings $_ 5,370.00_
Traffic Signal & Crosswalks $_ 441,318.00_
Turn Lanes $_ 39,628.00
Brick Pavers $ 595.00
Proportionate Share Payment for Extension
of Sanitary Sewer Force Main $_254,961.00
(Cost is based on the original estimation of a 12-inch FM furnished and installed from Secoya
Reserve to GGG High School)
Veterans Memorial Elementary
Signage & Pavement Markings
Traffic Signal & Crosswalks
Turn Lanes
Brick Pavers
Livingston RdNMB Intersection
Livingston Rd NB Dual Left Turn Lanes Extension
TOTAL
$_ 10,240.00_
$_453,466.00_
$_59,436.00_
$_ 1,190.00_
$_ 116, 516.00_
$_1,382,720.00_
OA-0
Packet Pg. 220