Backup Documents 10/08/2013 Item #12AORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
12A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
Complete routing lines # 1 through #2 as appropriate for additional signatures, dates, and/or information needed If the document is already complete with the
exception of the Chairman's sianature. draw a line throuah'routin2 lines #I thmnah #2 no lets the rhrrlrf et onA fn--1 fn th- !`N.nt., Att...n -., flfK..-
Route to Addressees (List in routing order)
Office
Initials
Date
1.
appropriate.
Initial
Applicable)
2.
10/8/13
Agenda Item Number
12 -A (add on)
3. County Attorney Office
County Attorney Office
SRT1 -�
10/9/12
4. BCC Office
Board of County
Commissioners
b y
1p (t 1 13
5. Minutes and Records
Clerk of Court's Office
Documents Attached
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above, may need to contact staff for additional or missing information.
Name of Primary Staff
Scott R. Teach, Deputy County Attorney
Phone Number
252 -8400
Contact / Department
appropriate.
Initial
Applicable)
Agenda Date Item was
10/8/13
Agenda Item Number
12 -A (add on)
Approved by the BCC
Does the document need to be sent to another agency for additional signatures? If yes,
SRT
Type of Document
Resolution Amendment 2 (FDO I)
Number of Original
One
Attached
oZQ 13 ~
Documents Attached
PO number or account
N/A
number if document is
by the Office of the County Attorney.
to be recorded
All handwritten strike- through and revisions have been initialed by the County Attorney's
SRT
INSTRUCTIONS & CHECKLIST
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
Initial
Applicable)
1.
Does the document require the chairman's original signature?
SRT
2.
Does the document need to be sent to another agency for additional signatures? If yes,
SRT
provide the Contact Information (Name; Agency; Address; Phone on an attached sheet.
3.
Original document has been signed/initialed for legal sufficiency. ' (All documents to be
SRT
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney.
4.
All handwritten strike- through and revisions have been initialed by the County Attorney's
SRT
Office and all other parties except the BCC Chairman and the Clerk to the Board
5.
The Chairman's signature line date has been entered as the date of BCC approval of the
SRT
document or the final negotiated contract date whichever is applicable.
6.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
SRT
signature and initials are required.
7.
In most cases (some contracts are an exception), the original document and this routing slip
SRT
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8.
The document was approved by the BCC on 10/8/13 and all changes made during the
SRT
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes, if applicable.
1K
9.
Initials of attorney verifying that the attached document is the version approved by the
SRT
BCC, all changes directed by the BCC have been made, and the document is ready for e
Chairman's signature.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12
12q
MEMORANDUM
Date: October 14, 2013
To: Scott Teach, Deputy County Attorney
County Attorney's Office
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Resolution 2013 - 237 /Amendment to FDOT Project to Widen US
41 between CR 951 and Greenway Road
Attached for your records is one (1) copy of the document referenced above,
(Agenda Item #12A) approved by the Board of County Commissioners on Tuesday,
October 8, 2013.
A certified copy has been sent to FDOT by the Clerk's Office.
The original has been kept by the Minutes and Records Department as part of the
Boards Official Records.
If you have any questions feel free to contact me at 252 -8411.
Thank you
12A
October 14, 2013
Florida Department of Transportation
Attn: Terry W. Beacham
District One
P.O. Box 1249
Bartow, Florida 33831 -1249
Re: Resolution 2013 - 237 /Amendment to FDOT Project to widen US 41
between CR 951 and Greenway Road.
Transmitted herewith is a certified copy of the above referenced document for
your records, as adopted by the Collier County Board of County Commissioners of
Collier County, Florida on Tuesday, October 8, 2013, during Regular Session.
Very truly yours,
DWIGHT E. BROCK, CLERK
Teresa Cannon, Deputy Clerk
Enclosure
12A
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:
011
12q
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. $K,OC &lerk
By:
el ty Clerk
Ahest 0 ChairPait'� z Chairwoman
Approved as to form and legality:
Scott R. Teach, Esq.
Deputy County Attorney
N
HILLER, ESQ,
Item# (Q-A-
Agenda o
Date
Date 101L-1 3
Recd
eputy Clerk
0
APPENDIX
12A
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: "in the e;.mnt that the
FDOT, GGRtiRgWIGY Fund is depleted, the UAO shall, withffiF�J (1 1) ra!eRdaF days ftem
pay to the FDOT an admitienal 0 Gf the total obligati
a