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Agenda 10/08/2013 Item #11E 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 Meetinu: 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). (Staff's 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). (Staff's request) -fie c Patricia L. Morgan From: Brock, MaryJo Sent: Monday, October 07, 2013 3:17 PM To: Brock, MaryJo; BartlettKristi; FlanaganJim; HayesKaren; PettitJim; ScardinoAlexandra; SmithCamden Cc: Marcella,Jeanne; Puig,Judy;Jacobs, Susan; Pochopin, Pat;Alonso, Halley; Klatzkow,Jeff; Neet, Virginia;Althouse, Tammy; Minutes and Records; Lehnhard, Pat Subject: FW:Add On Item 11E Attachments: Add On Item 11E.pdf Good afternoon, Attached please find Add On Item 11E to be included with tomorrow's agenda. Thank you, MJ Mary-Jo Brock - Executive Assistant to Leo E.Ochs,Jr. - County Manager's Office maryjobrock@colliergov.net 239.252.8364 please consider the environment before printing this email Undc illorida Law. e-mail addresses are cubli.,records If you do not want your email address re eased in response to a public records request,do not send eientrorm rr.>rii in;his entity. osterad contact this office by telephone or in writing. 1 Add On Item 11E October 8,2013 EXECUTIVE SUMMARY 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 SR 90,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. OBJECTIVE: That the Board of County Commissioners (BCC) approves and authorizes the Chairwoman to sign a First Amendment to Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT) to receive reimbursement for Construction services; to execute a Resolution memorializing the Board's action; and, to authorize the necessary budget amendment. CONSIDERATION: As part of the County's intersection improvement project at the intersection of SR/CR 951 and US41, the County and the Florida Department of Transportation (FDOT) entered into a Joint Participation Agreement that would incorporate the FDOT resurfacing project from Fiddler's Creek Parkway to south of SR 90 (US41). There are two parts to the JPA based on the FDOT funding allocations. There is a CEI component and a construction component. Each component is identified as follows: • Resurfacing Project(3R) (FM#425209-1-58-01)—Construction and CEI, received Board approval on September 11,2012 under item 16.A.13 and, • Intersection Improvements(FM#428147-1-58-01)—Construction only,received Board approval on April 23,2013 under item 16.A.13. These agreements were also fully executed by the FDOT on October 8, 2013 and May 31, 2013 respectively. The County received bids for the combined projects on August 8,2013. On October 8, 2013, the Board is being asked to award a construction contract to the low bidder under agenda item 11A in the amount of$20,689,000.12. On October 3, 2013, staff met with the FDOT by telephone conferencing to request additional funding for the combined project due to the fact that the bids came in 22%higher than expected. The FDOT agreed to provide an additional $2.3M in funding to the County's project as the adjacent FDOT US4lproject came in under budget. The proposed First Amendment to the JPA will provide this additional funding for the construction of the County's project. Staff will also ask the Board to delay executing the construction contract award until this First Amendment to the JPA is fully executed by the County and the Florida Department of Transportation. Under the original JPA agreement, the FDOT's construction funding for both the Resurfacing Project and Intersection Improvement projects was anticipated to be $12,051,849.00. The First Amendment to the JPA will bring the total State contribution to$14,351,849.00. Add On Item 11E October 8,2013 FISCAL IMPACT: A budget amendment is required to recognize the JPA agreement revenue in the amount of$2.3M for FY 2014 in Transportation Grant Fund 711,Project 60116. GROWTH MANAGEMENT IMPACT: The requested intersection improvements are consistent with Growth Management objectives and produce no negative impact. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.—SRT RECOMMENDATION: That the Board of County Commissioners approves and authorizes its Chairwoman to: (1) sign the attached First Amendment to the Joint Participation Agreement with Florida Department of Transportation to furnish Construction services necessary to complete the FDOT resurfacing project on SR951 from Fiddler's Creek Parkway to South of SR 90, along with the County's US41 and SR/CR951 intersection project, (2) executes a Resolution memorializing the Board's action and, (3)authorize the necessary budget amendments. Prepared By: Marlene Messam, Senior Project Manager;Transportation Engineering Attachments: 1)JPA;2)Resolution; 3)Funding letter from FDOT FM#428147 1 58 01 and 425209-1-58-01 COLLIER COUNTY FIRST AMENDMENT TO JOINT PARTICIPATION AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY Upon execution by COLLIER COUNTY (hereinafter, "COUNTYY") and the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION (hereinafter, "DEPARTMENT") in the places provided below, the following shall constitute the 1s1 AMENDMENT to the JOINT PARTICIPATION AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY FOR US 41 @ SR 951 (Collier Blvd) intersection improvements FM# 428147-1-58-01 and FOR SR 951 (Collier Blvd) from Fiddler's Creek Parkway to S of SR 90 (US 41) resurfacing FM 425209-1-58-01(hereinafter, "AGREEMENT"). A. All expressions used herein, unless herein separately defined, shall have the same meaning herein as in the Agreement. B. Except as expressly or by necessary implication modified hereby, all provisions of the Agreement shall remain in full force and effect in accordance with their terms but in the event of any inconsistency(ies) between the provisions of the Agreement and the provisions hereof,the latter shall prevail. C. The AGREEMENT dated May 31,2013 is hereby amended as follows: 1. Page 5, Paragraphs 3.A. &3.B.are amended in accordance to above to read: A. Project Cost: The total estimated cost of the Project is $17,966,843.00 (SEVENTEEN MILLION NINE HUNDRED SIXTY-SIX THOUSAND EIGHT HUNDRED FORTY-THREE DOLLARS). This amount is based on the Schedule of Funding,Exhibit"B"attached hereto. B. DEPARTMENT Participation: The DEPARTMENT agrees to reimburse the LOCAL GOVERNMENT in an amount not to exceed $14,351,849.00(FOURTEEN MILLION THREE HUNDRED FIFTY-ONE THOUSAND EIGHT HUNDRED FORTY-NINE DOLLARS) for actual costs incurred, excluding LOCAL GOVERNMENT overhead. The funding for this Project is contingent upon annual appropriation by the Florida Legislature. The LOCAL GOVERNMENT agrees to bear all expenses in excess of the DEPARTMENT's participation.Travel costs will not be reimbursed. 2. Exhibit"B"is amended in accordance to above to read: FM#428147-1-58-01 and 425209-1-58-01 1"AMENDMENT TO JPA WITH COLLIER COUNTY Page 2 of 3 Exhibit `B" ESTIMATED SCHEDULE OF FUNDING Financial Management Number: 428147 1 58 01 AND 425209 1 58 01 By and through this Joint Participation Agreement with the LOCAL GOVERNMENT, the DEPARTMENT agrees to reimburse the LOCAL GOVERNMENT up to, but not to exceed FM# 425209-1-58-01 $6,780,936 (SIX MILLION SEVEN HUNDRED EIGHTY THOUSAND NINE HUNDRED THIRTY-SIX DOLLARS AND FM# 428147-1-58-01 $7,570,913 (SEVEN MILLION FIVE HUNDRED SEVENTY THOUSAND NINE HUNDRED THIRTEEN DOLLARS actual costs incurred on these Projects, excluding LOCAL GOVERNMENT overhead. 0 FM#428147-1-58-01 and 425209-1-58-01 1"AMENDMENT TO.IPA WITH COLLIER COUNTY Page 3 of 3 ACKNOWLEDGED AND AGREED TO: COLLIER COUNTY,FLORIDA ATTEST CLERK (Seal) CHAIRMAN BOARD OF COUNTY COMMISSIONERS Date Print Name Date Collier County Legal Review : ,�'' By: � � N Dat STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST By: EXECUTIVE SECRETARY (Seal) DISTRICT SECRETARY OR DESIGNEE DISTRICT ONE Print Name Date Print Name Date Availability of funds approval: Fla. Dept. of Trans.Legal Review: By: Date Date ■ RESOLUTION NO. 2013- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, MEMORIALIZING THE BOARD'S APPROVAL OF A FIRST AMENDMENT TO A JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AUTHORIZING THE COUNTY TO INCORPORATE FDOT'S PLANNED PROJECT TO RESURFACE THE SEGMENT OF SR 951 FROM FIDDLER'S CREEK PARKWAY TO SOUTH OF SR 90 AND AGREEING TO REIMBURSE THE COUNTY FOR ASSUMING THE CONSTRUCTION SERVICES AS PART OF FDOT'S REIMBURSEMENT TO THE COUNTY AS PART OF THE COST OF THE RESURFACING PROJECT AND AUTHORIZING THE CHAIRWOMAN TO SIGN THE JPA. WHEREAS, the State of Florida Department of Transportation(FDOT)entered into a Joint Participation Agreement ("JPA") with Collier County, wherein FDOT authorizes the County to incorporate FDOT's planned project to resurface the SR 951 (Collier Boulevard) from Fiddler's Creek Parkway to south of SR 90 (US 41) (the "Resurfacing Project") into the County's road improvement project for SR/CR-951;and WHEREAS, as part of the JPA, FDOT further agrees to reimburse the County for assuming the Construction services of the Resurfacing Project and additional $2,300,000.00,up to a maximum amount of$14,351,849.00, which sum is programmed into FDOT's Adopted Work Program under FM#425209-1-58-01 and FM#428147-1-58-01 as of July 2013;and WHEREAS, the Collier County Board of County Commissioners finds that it is in the Public interest to enter into the attached First Amendment to the JPA reflecting this additional funding and coordinate these State and County projects in a cost efficient manner in the best interests of the citizens of Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that; 1. The Board of County Commissioners approves the First Amendment to the Joint Participation and authorizes its chairwoman,to execute the Amendment on its behalf. 2. The Collier County Clerk of Courts is hereby directed to forward a certified copy of this Resolution, along with an executed copy of the Joint Participation Agreement, to Florida Department of Transportation. 1 This Resolution is hereby adopted after majority vote favoring same this 8th day of October,2013. i BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA ATTEST: DWIGHT E. BROCK,Clerk By: By: ,Deputy Clerk GEORGIA A.HILLER, ESQ, Chairwoman Approved as to form and legality: Scott R.Teach,Esq. 1 Deputy County Attorney 0 2