Resolution 2013-235 RESOLUTION NO. 2013- 2 3 5
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 FDOTs 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 FDOTs 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 0
This Resolution is hereby adopted after majority vote favoring same this 8th day of October,2013.
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
ATTEST,:
DW HT E,BR,/ K Jerk
%. o c■C
Attes as • uty Clerk GE Z GIA A. HILLER, ESQ,
sigr�at+�t ;9nlX,�;:, Chairwoman
• as to fo and legality:
wfm •. Teach, sq.
Deputy County Attorney
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2
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 lM 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 514,351,849.00(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.
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,FLO' 1 A
bye
4`I;ERIC Ct= an (Seal) CHAIRMAN
attest as: iiln d
BOARD OF COUNTY COMMISSIONERS
���: signature�lly.�
Georgia A. Hiller, Esq. /6,/8/813
Date Print Name 'Date
Collie o ty 7;74
By: L•►f Cam--a 90
D
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