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Backup Documents 02/28/2017 Item #16A14 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 1 4 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO n 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. **NEW** ROUTING SLIP 0)01 3 2) 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 signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office /+ 3(1, 7 4. BCC Office Board of County - Commissioners V�` 3 \--\ 5. Minutes and Records Clerk of Court's Office 3P0( [Tl 2.62.p' 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 Andy Miller/Transp rtation Contact Information 239-252-5791 Contact/ Department Agenda Date Item was February 28,2017 r Agenda Item Number 16A14 Approved by the BCC /2. 22i 7`) 3 Type of Document Local Agency Program(LAP)Agreement Termination Number of Original Two(2)Agreement Attached between Florida Department of Transportation(FDOT) Documents Attached Terminations and BCC in connection with(CEI)of Golden Gate One(1)Resolution Bridge Canal Crossings at 8th Street NE,16th Street NE,and 47th Avenue NE,Project No.3334 PO number or account N/A number INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whic.- Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature ,'TAMP OK SRT 2. Does the document need to be sent to another agency for ad itional signatures? I. es, SRT provide the Contact Information(Name;Agency;Address; one)on ar tacked 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 02/28/2017 and all changes made during SRT the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the k`PM Chairman's signature. **Please return two (2) partially executed agreement terminations along with one (1) original or certified Resolution rendering an original seal and original signature to Andy Miller for forwarding to FDOT. 16A14 - ' ,1PUL.AND RETAIN THIS COPY BEFORE AFFIXING TO THE PACKAGE.NO POUCH NEEDED. ' T Y ,-,. :,..1,37, o.at [I] I lii 7 X14' Jil Ii � t ❑A1" ipiiii , - "o 11 e J ❑ III 1141 ISI' :,-.1.1 /I tip 41 1m I I ❑ 9 ❑ IIS if i t ❑ 1 s i% i ., I IIII II irmiI _ .I i t �i 11 ~ i im4lE1 III lift i ,,,, z ! ! ! a $❑ ❑ ❑ 1 ❑ . ❑ ❑ ❑ - ❑fliI pill O ul iØIi �I jJ!j 0- li hell ea �' ❑ ❑ r.La t' 4 LI) C� _ J i -� O c0 0 • � A ° E . Ili ° �. a ci --N - � ' .z. p , 3 ' - y I trf--- < • -.. (- i .,0 1 -c.3 4` _ g 13 4m41 d� 2 Id i,35 60-2 ri N 1+f 6CCE£9h'0081 X3Pado9 008'l wo3'XapaJ 16A14 Martha S. Vergara From: Giannopoulos, Zoe <Zoe.Giannopoulos@dot.state.fl.us> Sent:_ Thursday, March 09, 2017 8:12 AM To: Martha S.Vergara Subject: 431895-1 Fully executed LAP termination agreement Attachments: 431895-1 Termination Agreement- Executed.pdf Good Morning Martha, Attached, please find a fully executed copy of the subject document for the boards official records. Let me know if you have any questions or comments. Thank you, Zoe Giannopoulos, FCCM Local Program Specialist FDOT I District One 801 North Broadway Avenue MS 1-50 Bartow, Florida 33830 Phone:(863)519-2916 I Fax:(863)519-2775 Email:Zoe.Giannopoulos a(�dot.state.fl.us FDCFT 16A 1 4 TERMINATION AGREEMENT CONTRACT NUMBER FM#431895-1-38/58168-01 FAP i 8886 577 A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT TERMINATION THIS TERMINATION AGREEMENT made and entered into this ? day of Ala/e. 201/6, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter"DEPARTMENT') and Collier County(hereinafter, "AGENCY"). WITNESSETH 1. WHEREAS, the DEPARTMENT and the AGENCY on December 15, 2014 entered into a Local Agency Program Agreement (hereinafter, "L.AP") in connection with design, construction, and construction engineering and inspection (CEI) of Golden Gate Bridge Canal Crossings at 8`I' Street, NE 16" Street and NE 47"Avenue; and 2. WHEREAS, the DEPARTMENT and the AGENCY have mutually agreed to terminate the agreement and services at the present status of completion and in accordance with Section 8.01 of the LAP Agreement; and 3. WHEREAS, the DEPARTMENT has reimbursed the AGENCY under the terms of the LAP Agreement the sum of $0.00 (Zero dollars) leaving a balance of $9,549,116.00 (Fiscal Year 2014/2015 Design $1,361,332.00, Fiscal Year 2016/2017 Construction and CEI $7,826,984.00 and$360,800.00, respectively). NOW THEREFORE, in accordance with terms of the executed LAP Agreement, the parties agree as follows: 1. The AGENCY agrees to terminate the LAP Agreement with the DEPARTMENT dated December 15, 2014. 2. The AGENCY shall be reimbursed by the DEPARTMENT for all work completed up to and including the effective date of this Termination Agreement. 3. The AGENCY shall not be reimbursed for any work completed after the effective date of this Termination Agreement. 4. The AGENCY shall not be reimbursed for any work completed prior to the effective date of this Termination Agreement that fails to meet with the standards specified by the DEPARTMENT. 5. Upon execution of this Termination Agreement, the DEPARTMENT shall reimburse the AGENCY the sum of$0.00,which the AGENCY agrees represent the balance due to the AGENCY. 1 of iôAl4 TERMINATION AGREEMENT CONTRACT NUMBER FM#431895-1-38/58/68-01 FAP#8886 577 A IN WITNESS WHEREOF, the change of the project scope and development approach has caused this Agreement to be executed in its behalf, by the Chairman of the Board of County Commissioners or its designee, as authorized by Resolution Number 20 l—t - , and the FLORIDA DEPARTMENT OF TRANSPORTATION has caused this Agreement to be executed in its behalf through its District Secretary or authorized designee: This Agreement shall become effective on: A lard 7 ,20IA. Department to enter date COLLIER COUNTY STATE OF FLORIDA BOARD OF COUNTY DEPARTMENT OF TRANSPORTATION CO t ONERS BY: BY: / ja BoCC C AN OR IGNEE DIRECTOR OF TRANSPORTATION DEVELOPMENT ATTEST: ,. 3/t/ t-A2 C�-ERK Attest as to Chairman SSi au on Y: � � ti;,)lt; •s„ R�'O Y GAL R EW: DEPARTMENT LEGAL REVIEW: ' (6.,=e) cs\ O•RN SEN OR ATTORN�Y 2of2 1 6 A 1 4 RESOLUTION NO.2017- 2 3 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA MEMORIALIZING ITS APPROVAL OF A LOCAL AGENCY PROGRAM AGREEMENT TERMINATION WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AND AUTHORIZING ITS CHAIRMAN TO EXECUTE THE AGREEMENT. WHEREAS, at the February 28, 2017, meeting of the Collier County Board of County Commissioners ("County") the Board approved entering into a Local Agency Program Agreement Termination (the "Agreement" / FM # 431895-1-38/58/68-01) with the Florida Department of Transportation("FDOT");and WHEREAS, FDOT and the County mutually agreed to terminate the Agreement, which involves the design, construction, and construction engineering and inspection of Golden Gate Bridge Canal Crossings at 8th Street, NE 16th Street and NE 47th Avenue, in accordance with Section 8.01 of the LAP Agreement;and WHEREAS, FDOT requires the Board to provide a resolution memorializing and confirming the Board's aforementioned affirmative vote approving the Agreement and authorizing its Chairman to execute the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: 1. The Board of County Commissioners approves, and authorizes its Chairman to sign, the aforementioned Agreement with FDOT. 2. A certified copy of this Resolution shall be forwarded to FDOT along with the Agreement for execution by FDOT. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this 28th day of February, 2017. ATTEST: ' BOARD OF COUNTY COMMISSIONERS DWIGHT E'. BROCK,Clerk OF COLLIER UNTY,FLORIDA BY: L1 By: Attest as to Chairman's°epu Cler- Penny T or,Chairm State of Florida signa a only. County of COWER, = ppro •d as o and legality: I HEREBY CERTIFY THAT this is a true and OScorrect copy of a document on file in ott R. Teach, Board Minutes and Records of Collier County WITNESS my hared and official seal this Deputy County Attorney -1 day of 1t'J rc 1, , 21-1 / DWIGHT E.BROCK,CLERK OF COURTS 16A14 4 County of Collier CLERK OF THE CII.CUT COURT COLLIER COUNTY C( ,JRTHO\JSE Dwight E. Brock-Cler 3315 TAMIAMI TRL E STE 102 f Circt it Court NAPLES,FL 34112-5324 P.O. BOX 413044 NAPLES, FL 34101-3044 Clerk of Courts • Comptroller • Auditor • CusCodian of County Funds March 3, 2017 FDOT Attn: Jim Martin, Local Program Coordinator 801 North Broadway Ave. Mail Station 1-12 Bartow, Florida 33830 Re: Resolution 2017-23 & LAP Agreement Termination for Contract: FM#431895-1-38/58/68-01 Transmitted herewith is one (1) certified resolution and two (2) original termination agreements of the above referenced document for your records per request, as adopted by the Collier County Board of County Commissioners of Collier County, Florida on Tuesday, February 28, 2017, during Regular Session. Please forward/e-mail a fully executed copy of the termination agreement to (martha.vergara@collierclerk.com) for the Boards Official Records. Very truly yours, DWIGHT E. BROCK, CLERK \(.tC.IL_\,k7 Martha Vergara, Dept O'erPq Y Enclosure Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email-CollierClerk@collierclerk.com 16 A 14 RESOLUTION NO.2017- 2 3 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA MEMORIALIZING ITS APPROVAL OF A LOCAL AGENCY PROGRAM AGREEMENT TERMINATION WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AND AUTHORIZING ITS CHAIRMAN TO EXECUTE THE AGREEMENT. WHEREAS, at the February 28, 2017, meeting of the Collier County Board of County Commissioners ("County") the Board approved entering into a Local Agency Program Agreement Termination (the "Agreement" / FM # 431895-1-38/58/68-01) with the Florida Department of Transportation("FDOT");and WHEREAS, FDOT and the County mutually agreed to terminate the Agreement, which involves the design, construction, and construction engineering and inspection of Golden Gate Bridge Canal Crossings at 8th Street, NE 16`h Street and NE 47th Avenue, in accordance with Section 8.01 of the LAP Agreement; and WHEREAS, FDOT requires the Board to provide a resolution memorializing and confirming the Board's aforementioned affirmative vote approving the Agreement and authorizing its Chairman to execute the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: 1. The Board of County Commissioners approves, and authorizes its Chairman to sign, the aforementioned Agreement with FDOT. 2. A certified copy of this Resolution shall be forwarded to FDOT along with the Agreement for execution by FDOT. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this 28th day of February,2017. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,Clerk OF COLLIER UNTY,FLORIDA By i = By: d/4 Attest as to Chairman u Clerk Penny T or,Chairm signat a only. ppro d as o and legality: C\ ott R.Teach, Deputy County Attorney ora 16 A 14 TERMINATION AGREEMENT CONTRACT NUMBER FM#431895-1-38/58/68-01 FAP#8886 577 A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT TERMINATION THIS TERMINATION AGREEMENT made and entered into this day of 2016, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter"DEPARTMENT") and Collier County(hereinafter, "AGENCY"). WITNESSETH 1. WHEREAS, the DEPARTMENT and the AGENCY on December 15, 2014 entered into a Local Agency Program Agreement (hereinafter, "LAP") in connection with design, construction, and construction engineering and inspection (CEI) of Golden Gate Bridge Canal Crossings at 8`h Street, NE 16`h Street and NE 47th Avenue; and 2. WHEREAS, the DEPARTMENT and the AGENCY have mutually agreed to terminate the agreement and services at the present status of completion and in accordance with Section 8.01 of the LAP Agreement; and 3. WHEREAS, the DEPARTMENT has reimbursed the AGENCY under the terms of the LAP Agreement the sum of $0.00 (Zero dollars) leaving a balance of $9,549,116.00 (Fiscal Year 2014/2015 Design $1,361,332.00, Fiscal Year 2016/2017 Construction and CEI $7,826,984.00 and $360,800.00, respectively). NOW THEREFORE, in accordance with terms of the executed LAP Agreement, the parties agree as follows: 1. The AGENCY agrees to terminate the LAP Agreement with the DEPARTMENT dated December 15, 2014. 2. The AGENCY shall be reimbursed by the DEPARTMENT for all work completed up to and including the effective date of this Termination Agreement. 3. The AGENCY shall not be reimbursed for any work completed after the effective date of this Termination Agreement. 4. The AGENCY shall not be reimbursed for any work completed prior to the effective date of this Termination Agreement that fails to meet with the standards specified by the DEPARTMENT. 5. Upon execution of this Termination Agreement, the DEPARTMENT shall reimburse the AGENCY the sum of$0.00, which the AGENCY agrees represent the balance due to the AGENCY. 1of2 16A14 TERMINATION AGREEMENT CONTRACT NUMBER FM#431895-1-38/58/68-01 FAP#8886 577 A IN WITNESS WHEREOF, the change of the project scope and development approach has caused this Agreement to be executed in its behalf, by the Chairman of the Board of County Commissioners or its designee, as authorized by Resolution Number 2.o , and the FLORIDA DEPARTMENT OF TRANSPORTATION has caused this Agreement to be executed in its behalf through its District Secretary or authorized designee: This Agreement shall become effective on: , 2016. Department to enter date COLLIER COUNTY STATE OF FLORIDA BOARD s F COUNTY DEPARTMENT OF TRANSPORTATION • COv ONERS BY: BY: /i1_.. _ BoCC C � • Akio' GNEE •' ` ' .4 DIRECTOR OF TRANSPORTATION DEVELOPMENT ATTEST F, y. c ERI{Attest�tQ. halrllt it g } h✓ �)�h ' ILL S�� i ;On EGAL ' EW: DEPARTMENT LEGAL REVIEW: 17 �I R 'a I BORN SENIOR ATTORNEY 41L_./_14 2of2