Resolution 2013-237 RESOLUTION NO.2013 - 2 3 7
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY FLORIDA, AS THE EX-OFFICIO GOVERNING BODY
OF THE COLLIER COUNTY WATER-SEWER DISTRICT, ACCEPTING THE
UTILITY RELOCATION BID AMOUNT OF $4,665,380 IN CONNECTION
WITH FDOT'S PROJECT TO WIDEN U.S. 41 (TAMIAMI TRAIL EAST)
BETWEEN COUNTY ROAD 951 (COLLIER BOULEVARD) AND
GREENWAY ROAD AND APPROVING AMENDMENT NUMBER 2 TO THE
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT.
WHEREAS, the State of Florida Department of Transportation (FDOT) and Collier
County entered into a Utility Work by Highway Contractor Agreement (UWHCA) on or about
January 22, 2013, whereby FDOT is to relocate County utilities as part of a design/build project
to widen U.S. 41 between County Road 951 and Greenway Road(the "Project"); and
WHEREAS, the FDOT and Collier County entered into Amendment Number 1 to the
UWHCA on April 23, 2013; and
WHEREAS, the UWHCA provides that if the portion of the bid for the utility work on
the Project exceeds FDOT's official estimate by more than ten (10)percent, and FDOT does not
elect to participate in the cost of the utility work, Collier County may elect to remove the utility
relocation work from the Project and perform the work itself, as long as notice is provided within
ten(10)days from bid opening to FDOT; and
WHEREAS, FDOT has notified Collier County that the low bid for the utility relocation
portion of the Project came in at $4,665,380, which is in excess of ten (10) percent of FDOT's
original estimate dating back to December 2012, and that it will not contribute toward the
relocation of Collier County's utilities; and
WHEREAS, Collier County has considered the increased cost of the bid for the utility
relocation work on the Project and has determined that the bid is reasonable and that it should
proceed with the terms of the UWHCA and have FDOT include the utility relocation work as
part of its Project; and
WHEREAS, FDOT and Collier County have negotiated Amendment Number 2 to the
UWHCA to address the parties' payment responsibilities as a result of the increased cost of the
Project.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
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1. The Board approves and accepts the low bid for the utility work on the FDOT project to
widen U.S. 41 between County Road 951 and Greenway Road in the amount of
$4,665,380;
2. The Board approves Amendment Number 2 to the UWHCA and authorizes its
Chairwoman to execute this Resolution acknowledging same on its behalf;
3. The Collier County Clerk shall send a certified copy of this Resolution with Amendment
Number 2 attached to FDOT; and
4. County staff is directed to take all necessary steps required to fulfill the terms under the
UWHCA, as amended, consistent with this Resolution.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring
same, this 8th day of October, 2013.
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA AS THE
GOVERNING BODY OF COLLIER COUNTY
AND EX-OFFICIO THE GOVERNING BODY
OF THE COLLIER COUNTY WATER-SEWER
DISTRICT.
ATTEST:
DWIGHT E. BROCK,Clerk
7^t
By '
Attest ado Chairman` .ePuty Clerk s Z 1 HILLER, ESQ,
Chairwoman
Approved as to form and legality:
Scott R. Teach, Esq.
Deputy County Attorney
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APPENDIX
CHANGES TO FORM DOCUMENT
(Amendment Number 2)
The following changes are made to the Utility Work by Highway Contractor Agreement
(UWHCA) between the State of Florida Department of Transportation (FDOT) and the Collier
County Water-Sewer District (UAO) as amended by Appendix, Changes to Form Document,
Amendment Number 1 dated April 23, 2013:
1. On August 12, 2013, the UAO wire transferred the sum of$4,510,333.00 as the advance
deposit for the Utility Work required by the UWHCA. The UAO acknowledges that the
UWHCA as originally agreed upon by the Parties provided that if the selected
contractor's bid for the Utility Work exceeded the advance deposit amount
($4,510,333.00) required by the UAO, the UAO was obligated to deposit additional
monies with the FDOT to cover the cost of the Utility Work, allowances and
contingencies. The UAO acknowledges that it cannot meet its additional monetary
obligation at this time. The FDOT has agreed to provide payment to the selected
contractor for the Utility Work performed above the $4,510,333.00 deposited in advance
by the UAO, subject to the UAO reimbursing the FDOT for such payments as provided
in Paragraph 3.e., as modified below. This does not alter the condition originally stated
in the UWHCA that if the selected contractor's bid plus allowances and contingencies
comes in less than the advance deposit submitted by the UAO, the FDOT is obligated to
refund the amount that the advance deposit exceeds the bid amount, plus allowances
and contingencies, upon request by the UAO in writing.
2. Paragraph 3.e. as written is deleted in full and is hereby changed to read:
e. The UAO acknowledges timely notice was received from the FDOT that
performance of the Utility Work exceeds the amount of the deposit ($4,501,333.00)
made pursuant to Subparagraph c. above. Subject to and in accordance with the
limitations and conditions established by Subparagraph 2.c., the UAO shall be
responsible for reimbursing FDOT (following the UAO's audit of the contractor's
invoices) of any and all project costs owed for the completion of the Utility Work above
the $4,510,333.00 amount previously deposited by the UAO into the State-held escrow
account on August 12, 2013.
The FDOT shall submit all of the selected contractor's invoices for amounts expended
beyond the original amount escrowed to the UAO and the Collier County Clerk of Court
on a monthly basis who shall expeditiously process said invoices for payment by the
FDOT. The UAO shall reimburse the FDOT the remainder of any and all utility project
costs expended by the FDOT beyond the $4,510,333.00 deposited in escrow no later
than thirty (30) days after receipt of notice from FDOT of completion of the Utility Work
on the Project.
3. The last sentence in Paragraph 3.h. is deleted as follows: "
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