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Agenda 10/08/2013 Item #12A 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 Meeting: 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). (Staffs 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). (Staffs request) Move Item 16D12 to Item 11F: Recommendation to award Bid(ITB)#13-6136 for"Forest Lakes MSTU Phase II&III Sidewalk,Lighting,Landscape and Turn Lane Improvements"Project to Quality Enterprises Inc.,in the amount of$948,353.43. (Commissioner Henning's request) Patricia L. Morgan From: Brock, MaryJo Sent: Tuesday, October 08, 2013 8:33 AM To: Minutes and Records Subject: FW: Add -On Item Add on to today's meeting, Item 12A. Thanks, MJ Mary-Jo Brock - Executive Assistant to Leo E. Ochs, Jr. - County Manager's Office maryjobrock @col liergov.net 239.252.8364 please consider the environment before printing this email From: KlatzkowJeff Sent: Tuesday, October 08, 2013 8:28 AM To: BrockMaryJo Cc: HillerGeorgia; OchsLeo; 'GEORGIA HILLER'; CoyleFred; FialaDonna; HenningTom; NanceTim; YilmazGeorge Subject: Add -On Item MJ: Add -on Item (Regular Agenda —12 -A 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. F7.7 Fft Utility Agmt Executive RESOLUTION Sums unary Utility... iFDOT 100413:d1oc 0 1: '('Clhange 2) FDOT Final Amendme... Jeffrey A. Klatzkow County Attorney (239) 252 -2614 Patricia L. Morgan From: Klatzkow, Jeff Sent: Monday, October 07, 2013 7:00 PM To: Ochs, Leo Cc: Teach, Scott; Crystal K. Kinzel; Hiller, Georgia; georgiahiller @comcast.net Subject: FW: Utility Agmt Leo: With your approval, I'd like to add this to the Regular Agenda. Thought is to give Scott enough time tomorrow morning to get with FDOT to hopefully eliminate the concern raised by Crystal in her earlier e-mail, which you were copied on. -Jeff From: GEORGIA HILLER [georgiahiller @me.com] Sent: Monday, October 07, 2013 5:33 PM To: KlatzkowJeff Cc: HillerGeorgia; OchsLeo; Crystal K. Kinzel Subject: Re: Utility Agmt Please do so - Georgia On Oct 7, 2013, at 13:10, KlatzkowJeff <JeffKlatzkow(a)colliergov.net> wrote: Commissioner: Attached is proposed Resolution and Amendment which we believe will resolve the utility relocation issue. The Clerk's Office has not yet had sufficient time to review this. Should the Clerk's Office concur with this approach by the end -of- business today, I would like to bring this on as a walk -on item tomorrow. Jeffrey A. Klatzkow County Attorney (239) 252 -2614 From: TeachScott Sent: Monday, October 07, 2013 12:00 PM To: KlatzkowJeff Subject: FW: Utility Agmt Jeff, I attaching above Amendment No. 2 to the UWHCA (and an enabling Resolution that acknowledges the BCC's approval), which has been agreed upon by FDOT. The Amendment allows the County to pay FDOT after the Clerk has an opportunity to review the contractor's invoices, 30 days after the utility work is completed. Please let me know how you want to address this at tomorrow's BCC meeting. Scott R. Teach Deputy County Attorney Collier County, Florida Tel: (239) 252 -8400 Fax: (239) 252 -6300 Office of the County Attorney, 3299 East Tamiami Trail, Suite 800, Naples, FL 34112 Under Florida taw, e snail addresses area pubiic records, If you do not want your e mail address released in responses to a public reacords request; do not ser"d electronic mail to this entity. Instead, contact this office, by telephone or in writing. From: Conway, Don [ mailto :Don.ConwayCa)dot.state.fl.us] Sent: Monday, October 07, 2013 11:51 AM To: TeachScott Cc: Prescott, Randell; McCrary, Shirley; Carlson, Kristen; Klatzkowleff; OchsLeo; Crystal K. Kinzel; YilmazGeorge Subject: RE: Utility Agmt Thank -you Scott. It has been a real pleasure working with you. Don Conway Assistant General Counsel Florida Department of Transportation Office of the General Counsel 801 N. Broadway Avenue Bartow, Florida 33830 Phone: (863) 519 -2623 Fax: (863) 534 -7129 This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient, please notify the sender, delete this message, and do not use, disseminate; or copy its contents. Thank you. The OGC would appreciate FDOT employees completing our Quality Assurance Legal Services Survey by pressing the control button while clicking here. Thank you. From: TeachScott [ mailto :ScottTeach(aacolliergov.net] Sent: Monday, October 07, 2013 11:41 AM To: Conway, Don Cc: Prescott, Randell; McCrary, Shirley; Carlson, Kristen; Klatzkow)eff; OchsLeo; Crystal K. Kinzel; YilmazGeorge Subject: RE: Utility Agmt m I am attaching the final draft of Amendment No. 2, which incorporates all of our revisions. I appreciate your assistance with this item and look forward to speaking with you regarding the process going forward on subsequent phases of this project. Scott R. Teach Deputy County Attorney Collier County, Florida Tel: (239) 252 -8400 Fax: (239) 252 -6300 Office of the County Attorney, 3299 East Tamiami Trail, Suite 800, Naples, FL 34112 under F onda La e maiI addresses are public records. If you do not want your e mail address released in response to a public ord W request, do not si.nci <ele ctron :c. maAH to 'this entity, Instead, contact this office by telephone or in writing. From: Conway, Don [ma ilto: Don. Conway(cbdot. state.fl. us] Sent: Monday, October 07, 2013 10:51 AM To: TeachScott Cc: Prescott, Randell; McCrary, Shirley; Carlson, Kristen; Klatzkowleff; OchsLeo Subject: RE: Utility Agmt Scott, your changes are accepted. Please forward a copy of the un- marked, final copy when you get a moment. Thanks Don Conway Assistant General Counsel Florida Department of Transportation Office of the General Counsel 801 N. Broadway Avenue Bartow, Florida 33830 Phone: (863) 519 -2623 Fax: (863) 534 -7129 This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient, please notify the sender, delete this message, and do not use, disseminate, or copy its contents. Thank you. The OGC would appreciate FDOT employees completing our Quality Assurance Legal Services Survey by pressing the control button while clicking here. Thank you. <(Change 2) FDOT Final Amendment No 2 Appendix UWHCA 100713.doc> <RESOLUTION FDOT 100413.doc> Add On Item 12A October 8, 2013 BCC Meeting EXECUTIVE SUMMARY 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. OBJECTIVE: To enable the Clerk of Courts to directly pay FDOT, following his ability to audit the contractor's invoices, following the completion of Utility work arising out of an existing road widening project. CONSIDERATIONS: The issue of whether the Clerk can pay into an escrow account for the purpose of Utility Relocation has been at issue for some time. The underlying agreement requires the County to deposit in advance the estimated cost of relocating the utility. FDOT and the County are proposing an amendment to the Agreement which would require the County to make payment after audit of the invoices by the Clerk 30 days after completion of the project. It is hoped that this resolves the Clerk's concerns for this particular phase of the project. Whether FDOT is willing to continue this practice in the future for this or any other future project is the subject on ongoing discussions. FISCAL IMPACT: None; this amendment is solely concerned with the timing of payment. GROWTH MANAGEMENT IMPACT: .None. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK 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. Attachments: (1) Resolution; (2) Amendment No. Two RESOLUTION NO. 2013 - 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 designibuild 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: 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. ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk Approved as to form and legality: Scott R. Teach, Esq. Deputy County Attorney 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. 2 GEORGIA A. HILLER, ESQ, Chairwoman 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: 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: "Ire -the event that the n0tifiGation #GM the FDOT, pay to the FDOT an additional 0 of the total 9bligation-4 the UAO fGF the GGSt of the Utility Work established undeF SubpaFaqFaph 3.e. feF futuFe use as the GgRtingeRGY Fund.