Resolution 2013-105 RESOLUTION NO. 2013- 1 0 5
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ACTING AS THE EX-OFFICIO BOARD OF
THE COLLIER COUNTY WATER-SEWER DISTRICT ("CCWSD"),
APPROVING AN APPENDIX TO THE FLORIDA DEPARTMENT OF
TRANSPORTATION ("FDOT") UTILITY WORK BY HIGHWAY
CONTRACTOR AGREEMENT (FINANCIAL PROJECT ID: 415621-2-52-01)
APPROVED BY THE BOARD ON JANUARY 22, 2013, REGARDING THE
RELOCATION OF CCWSD UNDERGROUND UTILITY FACILITIES IN
CONJUNCTION WITH FDOT'S PROJECT TO WIDEN U.S. 41 BETWEEN
COUNTY ROAD 951 AND GREENWAY ROAD.
WHEREAS, on January 22, 2013, the CCWSD approved a Utility Work by Highway
Contractor Agreement ("UWHCA") with FDOT that authorizes FDOT's competitively solicited
highway contractor to relocate CCWSD underground infrastructure in conjunction with FDOT's
Financial Project ID: 415621-2-52-01 (the "Project") involving the widening of U.S. 41 between
County Road 951 and Greenway Road; and
WHEREAS, FDOT has decided to procure the Project as a design-build project and has
submitted an Appendix to the UWHCA that makes certain changes to the UWHCA to reflect
FDOT's decision to procure and construct the Project as design-build; and
WHEREAS, the UWHCA previously approved by the CCWSD included on page 9 of 9
that any changes to the Form UWHCA document would only be made pursuant to an Appendix
entitled "Changes to Form Document," which is attached hereto referencing the changes agreed
upon by FDOT and the CCWSD; and
WHEREAS, the Collier County Board of County Commissioners as the Ex-Officio
Board of the Collier County Water-Sewer District by this Resolution approved the attached
Appendix to the UWHCA and authorized its Chairwoman to sign this Resolution acknowledging
same on behalf of the CCWSD at its May 14, 2013, meeting.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE EX-OFFICIO
GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT AS
FOLLOWS:
1. The foregoing WHEREAS clauses are incorporated herein by reference.
2. The Board of County Commissioners of Collier County, Florida, as the Ex-
Officio Governing Board of the Collier County Water-Sewer District, hereby
approves the attached Appendix to the subject UWHCA regarding the
relocation of CCWSD underground infrastructure in conjunction with FDOT's
Project involving the widening of U.S. 41 between County Road 951 and
Greenway Road.
3. The Board hereby authorizes its Chairwoman to execute this Resolution on
behalf of the Collier County Water-Sewer District.
4. This Resolution shall become effective immediately upon its adoption.
5. The Clerk of the Court shall send FDOT a certified copy of this Resolution
along with the attached Appendix.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 14th day of May, 2013 after majority vote.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, AS
ATTEST: EX-OFFICIO THE GOVERNING BOARD
OF THE COLLIER COUNTY WATER-
DWIGHT E. BROCK,Clerk SEWER DISTRICT
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Deputy aerie.,
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Approved as to form and legal sufficiency:
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Scott R. Teach
Deputy County Attorney
2
APPENDIX
CHANGES TO FORM DOCUMENT
(Amendment Number 1)
The following changes are made to the Utility Work by Highway Contractor Agreement (AT UTILITY
EXPENSE) between the State of Florida Department of Transportation (FDOT) and Collier County Water-
Sewer District(UAO)dated April 23,2013:
1. The fourth WHEREAS clause is changed to read: WHEREAS the FDOT and the UAO desire to
enter into a joint agreement pursuant to Section 337.403(1)(b), Florida Statutes for the Utility
Work to be accomplished by the FDOT's contractor and/or its design consultant as part of the
construction of the Project.
2. Paragraph l.a. is changed to read: UAO shall prepare, at UAO's sole cost and expense, a final
engineering design, plans, technical special provisions and a cost estimate for the Utility Work
(hereinafter referred to as the "Plans Package")on or before May 13,2013.
3. Paragraph 1.f. is deleted.
4. Paragraph 1.g. is designated as Paragraph 1.f. and changed to read as follows: In the event that
the FOOT Design/Build Firm finds any deficiencies when reviewing the Plans Package, it will
notify the UAO in writing of the deficiencies and the UAO will correct the deficiencies and return
corrected documents within the time stated in the notice. The FDOT's Design/Build Firm review
and approval of the documents shall not relieve the UAO from responsibility for subsequently
discovered errors or omissions.
5. Paragraph l.h. is designated as Paragraph l.g. and changed to add, after each reference to
"FOOT", "Design/Build Firm".
6. Paragraphs l.i. j. k. I.are designated as Paragraphs l.h. i.j. k.
7. Paragraph 2.a. is changed to read as follows:The FOOT Design/Build Firm shall incorporate the
Plans Package into its contract for construction of the Project.
8. Paragraph 2.i. is changed to read as follows: The UAO shall not make any changes to the Plans
Package after the date on which the FDOT's RFP documents are mailed. All changes, regardless
of the nature of the change or the timing of the change, shall be subject to the prior approval of
the FOOT.
9. Paragraph 3.c., lines 1 and 2 are changed as follows: At least Fourteen(14) calendar days prior
to the date on which the FOOT receives proposals, the UAO will pay to FOOT an amount equal
to the FDOT's official estimate:plus 2%for
10. Paragraph 4.a. is changed as follows: Delete the word "contractors", add the words
"Design/Build Firm".
11. Paragraph 4.b. is changed as follows: Delete the word "contractor", add the words
"Design/Build Firm".
12. Paragraph 9.f. is changed as follows: Delete "John Faison" and substitute, "FDOT District
Utilities Office".