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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