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Agenda 07/26/2011 Item #16F1Agenda Changes Board of County Commissioners Meeting July 26, 2011 Continue Item 16D6 to the September 13, 2011 BCC Meetine: Request that the Board of County Commissioners review and approve the County Attorney's recommendation to waive any potential ethics conflict for a Code Enforcement Board member based on Ch. 112, Florida Statutes. (Original request was from Commissioner Hiller to have this item moved to the Regular agenda; Staff requested item is continued due to fact the individual in question isn't able to attend this meeting.) Continue Item 16F1 to the September 13, 2011 BCC Meeting: Modification to Contract #11 -5704 for the Pelican Bay Community Crosswalks to Bateman Contracting, LLP. (Staff s request to further address the vendor's concerns regarding the scheduling of the crosswalk construction.) Continue Item 16173 to the September 13, 2011 BCC Meeting: Recommendation to approve and authorize the Chairman to sign Amendment #2 to the Friends of Rookery Bay, Inc. FY 11 Tourist Development Tax Grant Agreement to change the current funding source from Category C -2 to Tourism Promotion Fund 184 as a Category B marketing grant. (Staff and Commissioner Hiller's separate requests in response to grantee's request for continuance to resolve questions raised by the Clerk's Finance Department) Move Item 161314 to Item 1OH: Recommendation to approve the Collier County 5 -Year HUD Consolidated Plan for FY 2011 -2016; One Year HUD Action Plan FY 2011 -2012 and revised Citizen Participation Plan, and to sign the supporting resolution and certifications for submission to the United States Department of Housing and Urban Development (HUD). (Commissioner Hiller's request) Move Item 16D1 to Item 10I: Recommendation to approve final submission of the Disaster Recovery Initiative 2008 Disaster Recovery Enhancement Funds (DREF) application to the Florida Department of Community Affairs for funding in the amount of $3,323,962. (Commissioner Hiller's request) Move Item 16A19 to Item IOJ: Recommendation for the Board of County Commissioners (Board) to direct the County Manager or designee to create and fund a project via budget amendment within Parks and Recreation Capital Fund (306) for the specific purpose of establishing a public All Terrain Vehicle (ATV) park and to move forward with public involvement, concept evaluations, cost comparisons and then come back to the Board with alternatives and a final recommendation to implement the project. (Commissioner Hiller's request) Move Item 16C5 to Item IOK: Recommendation to approve the Renewal and Amendment of the Agreement for Delivery and Reuse of Reclaimed Water between The Club Pelican Bay, Inc. and the Board of County Commissioners of Collier County, Florida, as the Ex- Officio Governing Board of the Collier County Water -Sewer District. (Commissioner Hiller's request) Move Item 16F5 to Item IOL: Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2010 -11 Adopted Budget. (Staffs request) Companion Item to 10A Move Item 16111 to Item 13111: Recommendation to approve Local Advisory Board members and CRA staff attendance at Florida Redevelopment Association 2011 Annual Conference including payment of attendees' registration, lodging, travel and per diem expenses from the Bayshore Gateway Triangle Trust Fund (187) budget and declare the conference attendance and training received as a valid public purpose. (Estimated Fiscal Impact approximately $839 per person) (Commissioner Hiller's request) Move Item 17D to Item 8E: Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2010 -11 Adopted Budget. (Staffs request) This item to be heard subsequent to Items IOA and 10J. Note: Items 9G and 12A are companion items. (County Attorney's request) Item 16D7: Advisory Committee Recommendations as follows: The Tourist Development Council recommended approval of this item by a vote of 6 -1 on 7/21/2011 subject to verification by the Clerk that TDC funds can be used to fund this item. The Council also made a finding that this item supports tourism and serves a valid public purpose. (Staffs request) Item 16D19: Bid Number should read #11 -5692; not #11 -5697 as shown on the agenda and the Executive Summary. (Staffs request) Time Certain Items: Item IOG to be heard at 9:45 a.m. Item 8C to be heard at 10:15 a.m. Item 8D to be heard immediately following Item 8C Item 8B to be heard at 11:00 a.m. Item IOC to be heard at 1:00 p.m. Item 8A to be heard at 2:00 p.m. 7/28/2011 11:30 AM 7/26/2011 Item 16.F.1. EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve a modification to Contract #11 -5704 for the Pelican Bay Community Crosswalks to Bateman Contracting, LLP in order to meet budgetary limitations. OBJECTIVE: To modify contract #11 -5704 for Pelican Bay Community Crosswalks to Bateman Contracting, LLP in order to allow the construction of sidewalks in compliance with budgetary limitations. 1. On June 28, 2011 the 'Board of County Commissioners approved Item 16.17.4, the award of Bid # 11 -5704 in the amount of $685,605.00. 2. This Bid was for the construction of crosswalks at fourteen (14) locations within the Pelican Bay Community. Due to budgetary limitations, funding is currently available for only seven (7) of these crosswalk locations. 3. The modified contract will allow the contractor to provide a performance bond in the amount of $362,328 for the initial seven (7) crosswalks. 4. The seven (7) crosswalk locations selected for current construction are: ID 41 -Pelican Bay Boulevard / Ridgewood Drive ID #4 - Pelican Bay Boulevard / Glenview Place ID 46 - Pelican Bay Boulevard / Gulf Park Drive ID #10 - Pelican Bay Boulevard / Beaehwalk Pathway ID #11- Pelican Bay Boulevard /North Tram Station ID 913 - Pelican Bay Boulevard / Hammock Oak Drive ID #14 - Pelican Bay Boulevard / Oakmont Parkway 5. After completion of the initial seven (7) crosswalks, the work shall be evaluated for functionality and aesthetic value to the community to determine further crosswalk construction. 6. Subject to funding availability, the remaining seven (7) crosswalks shall be completed with a new bonding requirement in the amount of $323,277. 7. The total value of the contract remains the same at $685,605.00. FISCAL IMPACT: The fiscal impact for Bid #11 -5704 for the modified contract is $362,328.00 for the initial seven (7) crosswalks, and $323,277 for the remaining seven (7) crosswalks that may be constructed in the future with funds available in the Pelican Bay Capital Fund 322. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting from this action. Packet Page -2395- 7/26/2011 Item 16.F.1. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is legally sufficient for Board action and only requires a majority vote for approval —SRT. RECOMMENDATION: That the Board of County Commissioners approve a modification to Contract #11 -5704 for Pelican Bay Community Crosswalks to Bateman Contracting, LLP as per attached Contract Amendment and that the Chairman be authorized to execute the Contract Amendment following final review by the County Attorney. Prepared by: Kyle Lukasz, Operations Manager, Pelican Bay Services Division Attachments: Amendment 1 Packet Page -2396- 7/26/2011 Item 165.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.F.1. Item Summary: Modification to Contract #11 -5704 for the Pelican Bay Community Crosswalks to Bateman Contracting, LLP. Meeting Date: 7/26/2011 Prepared By Name: LukaszKyle Title: Manager - Pelican Bay Services 7/13/2011 2:31:33 PM Submitted by Title: Manager - Pelican Bay Services Name: LukaszKyle 7/13/2011 2:31:35 PM Approved By Name: WardKelsey Title: Manager - Contracts Administration,Purchasing & Ge Date: 7/13/2011 5:52:50 PM Name: CarnellSteve Title: Director - Purchasing General Services, Purchasing Date: 7/14/2011 11:11:43 AM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 7 /14/2011 12:06:10 PM Name: KlatzkowJeff Title: County Attorney, Date: 7/14'2011 1:54:24 PM Name: GreenwaldRandy Packet Page -2397- 7/26/2011 Item 16.F.1. Title: Management/Budget Analyst,Office of Management & B Date: 7/15/2011 8:57:47 AM Name: PriceLen Title: Administrator - Administrative Services, Date: 7/19/2011 5:10:42 PM Packet Page -2398- 7/26/2011 Item 16T.1. EXHIBIT A -1 Contract Amendment 1 Contract 11 -5704 "Pelican Bay Community Crosswalks" This amendment, dated , 2011 to the referenced agreement shall be by and between the parties to the original Agreement, Bateman Contracting, LLP (to be referred to as "Contractor") and Collier County, Florida, (to be referred to as "County" or "Owner'). Statement of Understanding RE: Contract # 11 -5704 - "Pelican Bay Community Crosswalks" The following change to the above referenced Agreement has been mutually agreed to by the Contractor and the County. "The above referenced Agreement is for the construction of crosswalks at fourteen (14) locations within the Pelican Bay Community. Due to budget limitations, only seven (7) of these crosswalk locations are being selected for construction at this time. The total cost of construction for the seven initial crosswalks is three hundred sixty two thousand three hundred twenty eight dollars ($362,328). The seven (7) crosswalk locations selected for initial construction are: ID #1 - Pelican Bay Boulevard / Ridgewood Drive ID #4 - Pelican Bay Boulevard / Glenview Place ID #6 - Pelican Bay Boulevard / Gulf Park Drive ID #10 - Pelican Bay Boulevard / Beachwalk Pathway 1D #11- Pelican Bay Boulevard /North Tram Station 1D #13 - Pelican Bay Boulevard / Hammock Oak Drive ID #14 - Pelican Bay Boulevard / Oakmont Parkway The Contractor shall provide a performance bond in the amount of three hundred sixty two thousand three hundred twenty eight dollars ($362,328) to cover these initial seven (7) crosswalks. Subject to funding availability, the remaining seven (7) crosswalks shag be completed with a new bonding requirement in the amount of three hundred twenty three thousand two hundred seventy seven dollars ($323,277). The total value of the contract remains the same at six hundred eighty five thousand six hundred five dollars ($685,605.00)." The Contractor agrees that this amends the original Agreement. All other terms and conditions of the Agreement shall remain in force. Packet Page -2399- 7/26/2011 Item 16.F.1. IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. ATTEST: Corporate Secretary/Witness By: _ Dated: ATTEST: Dwight E. Brock, Clerk Approved as to form and Legal sufficiency: �1 Deputy County Attorney CONTRACTOR Bateman Contracting, LLP By: Title: Dated: OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 52 Fred W. Coyle, Chairman Packet Page -2400-