Resolution 2015-053 RESOLUTION NO. 2015- 5 3
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, MEMORIALIZING THE BOARD'S APPROVAL OF A SECOND
AMENDMENT TO A JOINT PARTICIPATION AGREEMENT (JPA) WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") AUTHORIZING THE
COUNTY TO INCORPORATE FDOT'S PLANNED PROJECT TO RESURFACE THE
SEGMENT OF SR 951 (COLLIER BOULEVARD) FROM FIDDLER'S CREEK
PARKWAY TO SOUTH OF SR 90 (US 41) 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 CHAIRMAN TO SIGN THE JPA.
WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to enter
into a Second Amendment 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 now to reimburse the County for
assuming the Construction services of the Resurfacing Project up to a maximum amount of
$16,351,849.00, 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 JPA, as amended, to increase FDOT's potential amount of
reimbursement to the County by an additional two million ($2,000,000) dollars and to 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 Second Amendment to the Joint Participation
Agreement and authorizes its Chairman,to execute it on their 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 Second Amendment to Joint Participation
Agreement, to the Florida Department of Transportation.
1
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring
same,this 24th day of March,2015.
ATTEST. ,_ ° '. BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK, Clerk OF COLLIER COUNTY,FLORIDA
B Ai • V
`� y
Attest as to Chairman's p uty Clerk TIM NANCE, Chairman
signature only,
Approved as to form and legality:
Scott R. Teach,Deputy County Attorney
2
a`�
FM#428147 1 58 01 and 425209-1-58-01
2"d AMENDMENT TO JPA WITH COLLIER COUNTY
Page 1 of 3
SECOND AMENDMENT TO
JOINT PARTICIPATION AGREEMENT
BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND COLLIER COUNTY
Upon execution by COLLIER COUNTY (hereinafter, "COUNTY") and the STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION (hereinafter, "DEPARTMENT") in the places provided below, the
following shall constitute the 2nd 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 and as amended October 22, 2013 is hereby amended as follows:
1. Page 5, Paragraphs 3.A. & 3.B. are amended 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 $16,351,849.00 (SIXTEEN 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 to read:
L)
FM#428147-1-58-01 and 425209-1-58-01
2"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 $9,570,913 (NINE 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
2nd AMENDMENT TO JPA WITH COLLIER COUNTY
Page 3 of 3
ACKNOWLEDGED AND AGREED TO:
COLLIER COUNTY,FLORIDA
TEST
/ VV ' ,.. t` - v" 1��
lor
CLERK'NAG t .'E. :.
� (Seal) CHAIRMAN
• :: BOARD OF COUNTY COMMISSIONERS
11 1 2 r5 TIM NANCE 3/24/15
•- Date Print Name Date
Attest as to Chamnan's
signature only, Collier County Legal Review :
By: S....e_. �1--i- `"w z,' / 5
ate , v
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
0