Agenda 10/08/2013 Item #11E Proposed Agenda Changes
Board of County Commissioners Meeting
October 8,2013
Add On Item 11E: Recommendation to approve and
authorize the Chairwoman to sign a First Amendment to
Joint Participation Agreement between the Florida
Department of Transportation and Collier County to receive
reimbursement for Construction services on the FDOT
resurfacing project on SR951 from Fiddler's Creek Parkway
to South of SR90, along with the County's US-41 and
SR/CR-951 intersection project; to execute a Resolution
memorializing the Board's action; and, to authorize the
necessary budget amendment; Project 60116. (Staff s
request)
Add On Item 12A: Recommendation that the Board adopt a Resolution approving Amendment No. 2 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. (County Attorney's request)
Continue Item 16D2 to the October 22,2013 BCC Meeting: Recommendation to approve amendment
No. 1 to the Community Development Block Grant(CDBG)Agreement between Collier County and
Goodwill Industries of SW Florida,Inc. (Commissioner Nance's request)
Continue Item 16D3 to the October 22,2013 BCC Meetinu: Recommendation to approve amendment
#1 to the FY2012-2013 agreement between Collier County and Naples Equestrian Challenge for the
Community Development Block Grant(CDBG)project previously approved by the Board on May 14,2013.
(Fiscal Impact$0). (Staff's request)
Continue Item 16D7 to the October 22,2013 BCC Meeting: Recommendation to approve substantial
amendments to the FY2009-2010 and FY2010-2011 Annual Action Plans to clarify the project scope and
project funding for Goodwill Industries Microenterprise Project and Immokalee Housing&Family Services
Sanders Pines Playground Upgrades.This action also reduces the funding allocation for Goodwill Industries
Microenterprise Program from $32,949 to$32,640.10 utilizing U.S.Department of Housing and Urban
Development(HUD)Community Development Block Grant(CDBG)funds. (Commissioner Hiller's request)
Continue Item 16D9 to the October 22,2013 BCC Meeting: Recommendation to approve a Home
Investment Partnerships(HOME)Program Developer Agreement between Collier County and Big Cypress
Housing Corporation(BCHC)for construction of a Multi-Family Rental Housing Project consisting of a
minimum of Ten Single Family Rental Housing Units (Fiscal Impact$1,144,000). (Staff's request)
-fie c
Patricia L. Morgan
From: Brock, MaryJo
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Subject: FW:Add On Item 11E
Attachments: Add On Item 11E.pdf
Good afternoon, Attached please find Add On Item 11E to be included with tomorrow's agenda.
Thank you, MJ
Mary-Jo Brock - Executive Assistant to Leo E.Ochs,Jr. - County Manager's Office
maryjobrock@colliergov.net
239.252.8364
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Add On Item 11E
October 8,2013
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairwoman to sign a First Amendment to
Joint Participation Agreement between the Florida Department of Transportation and
Collier County to receive reimbursement for Construction services on the FDOT
resurfacing project on SR951 from Fiddler's Creek Parkway to South of SR 90,along with
the County's US-41 and SR/CR-951 intersection project; to execute a Resolution
memorializing the Board's action; and, to authorize the necessary budget amendment;
Project 60116.
OBJECTIVE: That the Board of County Commissioners (BCC) approves and authorizes the
Chairwoman to sign a First Amendment to Joint Participation Agreement (JPA) with Florida
Department of Transportation (FDOT) to receive reimbursement for Construction services; to
execute a Resolution memorializing the Board's action; and, to authorize the necessary budget
amendment.
CONSIDERATION: As part of the County's intersection improvement project at the
intersection of SR/CR 951 and US41, the County and the Florida Department of Transportation
(FDOT) entered into a Joint Participation Agreement that would incorporate the FDOT
resurfacing project from Fiddler's Creek Parkway to south of SR 90 (US41). There are two parts
to the JPA based on the FDOT funding allocations. There is a CEI component and a construction
component. Each component is identified as follows:
• Resurfacing Project(3R) (FM#425209-1-58-01)—Construction and CEI, received
Board approval on September 11,2012 under item 16.A.13 and,
• Intersection Improvements(FM#428147-1-58-01)—Construction only,received Board
approval on April 23,2013 under item 16.A.13.
These agreements were also fully executed by the FDOT on October 8, 2013 and May 31, 2013
respectively. The County received bids for the combined projects on August 8,2013. On October
8, 2013, the Board is being asked to award a construction contract to the low bidder under
agenda item 11A in the amount of$20,689,000.12.
On October 3, 2013, staff met with the FDOT by telephone conferencing to request additional
funding for the combined project due to the fact that the bids came in 22%higher than expected.
The FDOT agreed to provide an additional $2.3M in funding to the County's project as the
adjacent FDOT US4lproject came in under budget. The proposed First Amendment to the JPA
will provide this additional funding for the construction of the County's project. Staff will also
ask the Board to delay executing the construction contract award until this First Amendment to
the JPA is fully executed by the County and the Florida Department of Transportation. Under the
original JPA agreement, the FDOT's construction funding for both the Resurfacing Project and
Intersection Improvement projects was anticipated to be $12,051,849.00. The First Amendment
to the JPA will bring the total State contribution to$14,351,849.00.
Add On Item 11E
October 8,2013
FISCAL IMPACT: A budget amendment is required to recognize the JPA agreement revenue
in the amount of$2.3M for FY 2014 in Transportation Grant Fund 711,Project 60116.
GROWTH MANAGEMENT IMPACT: The requested intersection improvements are
consistent with Growth Management objectives and produce no negative impact.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires
majority vote for Board approval.—SRT
RECOMMENDATION: That the Board of County Commissioners approves and authorizes its
Chairwoman to: (1) sign the attached First Amendment to the Joint Participation Agreement with
Florida Department of Transportation to furnish Construction services necessary to complete the
FDOT resurfacing project on SR951 from Fiddler's Creek Parkway to South of SR 90, along
with the County's US41 and SR/CR951 intersection project, (2) executes a Resolution
memorializing the Board's action and, (3)authorize the necessary budget amendments.
Prepared By: Marlene Messam, Senior Project Manager;Transportation Engineering
Attachments: 1)JPA;2)Resolution; 3)Funding letter from FDOT
FM#428147 1 58 01 and 425209-1-58-01
COLLIER COUNTY
FIRST AMENDMENT TO
JOINT PARTICIPATION AGREEMENT
BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND COLLIER COUNTY
Upon execution by COLLIER COUNTY (hereinafter, "COUNTYY") and the STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION (hereinafter, "DEPARTMENT") in the places provided below, the
following shall constitute the 1s1 AMENDMENT to the JOINT PARTICIPATION AGREEMENT BETWEEN
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY FOR
US 41 @ SR 951 (Collier Blvd) intersection improvements FM# 428147-1-58-01 and FOR SR 951 (Collier
Blvd) from Fiddler's Creek Parkway to S of SR 90 (US 41) resurfacing FM 425209-1-58-01(hereinafter,
"AGREEMENT").
A. All expressions used herein, unless herein separately defined, shall have the same meaning herein as in the
Agreement.
B. Except as expressly or by necessary implication modified hereby, all provisions of the Agreement shall
remain in full force and effect in accordance with their terms but in the event of any inconsistency(ies)
between the provisions of the Agreement and the provisions hereof,the latter shall prevail.
C. The AGREEMENT dated May 31,2013 is hereby amended as follows:
1. Page 5, Paragraphs 3.A. &3.B.are amended in accordance to above to read:
A. Project Cost: The total estimated cost of the Project is $17,966,843.00 (SEVENTEEN
MILLION NINE HUNDRED SIXTY-SIX THOUSAND EIGHT HUNDRED FORTY-THREE DOLLARS).
This amount is based on the Schedule of Funding,Exhibit"B"attached hereto.
B. DEPARTMENT Participation: The DEPARTMENT agrees to reimburse the LOCAL
GOVERNMENT in an amount not to exceed $14,351,849.00(FOURTEEN MILLION THREE HUNDRED
FIFTY-ONE THOUSAND EIGHT HUNDRED FORTY-NINE DOLLARS) for actual costs incurred,
excluding LOCAL GOVERNMENT overhead. The funding for this Project is contingent upon annual
appropriation by the Florida Legislature. The LOCAL GOVERNMENT agrees to bear all expenses in excess
of the DEPARTMENT's participation.Travel costs will not be reimbursed.
2. Exhibit"B"is amended in accordance to above to read:
FM#428147-1-58-01 and 425209-1-58-01
1"AMENDMENT TO JPA WITH COLLIER COUNTY
Page 2 of 3
Exhibit `B"
ESTIMATED SCHEDULE OF FUNDING
Financial Management Number: 428147 1 58 01 AND 425209 1 58 01
By and through this Joint Participation Agreement with the LOCAL GOVERNMENT, the
DEPARTMENT agrees to reimburse the LOCAL GOVERNMENT up to, but not to exceed
FM# 425209-1-58-01 $6,780,936 (SIX MILLION SEVEN HUNDRED EIGHTY THOUSAND NINE
HUNDRED THIRTY-SIX DOLLARS AND FM# 428147-1-58-01 $7,570,913 (SEVEN MILLION FIVE
HUNDRED SEVENTY THOUSAND NINE HUNDRED THIRTEEN DOLLARS actual costs incurred
on these Projects, excluding LOCAL GOVERNMENT overhead.
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FM#428147-1-58-01 and 425209-1-58-01
1"AMENDMENT TO.IPA WITH COLLIER COUNTY
Page 3 of 3
ACKNOWLEDGED AND AGREED TO:
COLLIER COUNTY,FLORIDA
ATTEST
CLERK (Seal) CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
Date Print Name Date
Collier County Legal Review : ,�''
By: � � N
Dat
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ATTEST
By:
EXECUTIVE SECRETARY (Seal) DISTRICT SECRETARY OR DESIGNEE
DISTRICT ONE
Print Name Date Print Name Date
Availability of funds approval: Fla. Dept. of Trans.Legal Review:
By:
Date Date
■
RESOLUTION NO. 2013-
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, MEMORIALIZING THE BOARD'S APPROVAL OF A FIRST
AMENDMENT TO A JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION AUTHORIZING THE COUNTY TO
INCORPORATE FDOT'S PLANNED PROJECT TO RESURFACE THE SEGMENT OF
SR 951 FROM FIDDLER'S CREEK PARKWAY TO SOUTH OF SR 90 AND AGREEING
TO REIMBURSE THE COUNTY FOR ASSUMING THE CONSTRUCTION SERVICES
AS PART OF FDOT'S REIMBURSEMENT TO THE COUNTY AS PART OF THE COST
OF THE RESURFACING PROJECT AND AUTHORIZING THE CHAIRWOMAN TO
SIGN THE JPA.
WHEREAS, the State of Florida Department of Transportation(FDOT)entered into a Joint
Participation Agreement ("JPA") with Collier County, wherein FDOT authorizes the County to
incorporate FDOT's planned project to resurface the SR 951 (Collier Boulevard) from Fiddler's
Creek Parkway to south of SR 90 (US 41) (the "Resurfacing Project") into the County's road
improvement project for SR/CR-951;and
WHEREAS, as part of the JPA, FDOT further agrees to reimburse the County for
assuming the Construction services of the Resurfacing Project and additional $2,300,000.00,up to
a maximum amount of$14,351,849.00, which sum is programmed into FDOT's Adopted Work
Program under FM#425209-1-58-01 and FM#428147-1-58-01 as of July 2013;and
WHEREAS, the Collier County Board of County Commissioners finds that it is in the
Public interest to enter into the attached First Amendment to the JPA reflecting this additional
funding and coordinate these State and County projects in a cost efficient manner in the best
interests of the citizens of Collier County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY,FLORIDA,that;
1. The Board of County Commissioners approves the First Amendment to the Joint Participation
and authorizes its chairwoman,to execute the Amendment on its behalf.
2. The Collier County Clerk of Courts is hereby directed to forward a certified copy of this
Resolution, along with an executed copy of the Joint Participation Agreement, to Florida
Department of Transportation.
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This Resolution is hereby adopted after majority vote favoring same this 8th day of October,2013.
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BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA
ATTEST:
DWIGHT E. BROCK,Clerk
By: By:
,Deputy Clerk GEORGIA A.HILLER, ESQ,
Chairwoman
Approved as to form and legality:
Scott R.Teach,Esq. 1
Deputy County Attorney
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