Loading...
Resolution 2013-237 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: 1 e 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. BROCK,Clerk 7^t By ' Attest ado Chairman` .ePuty Clerk s Z 1 HILLER, ESQ, Chairwoman Approved as to form and legality: Scott R. Teach, Esq. Deputy County Attorney 2 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: 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: " Oda