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Agenda 10/28/2014 Item #16A2610/28/2014 16.A.26. EXECUTIVE SUMMARY Recommendation to adopt a Resolution for the approval of a Locally Funded Agreement between the Florida Department of Transportation (hereinafter FDOT) and Collier County for the painting of traffic signal structures on FDOT's Project FPID #429120- 1 -52 -01 and to authorize the Chairman to sign a Resolution and the Locally Funded Agreement. (Fiscal Impact ($45,778) OBJECTIVE: To obtain the Board of County Commissioners' (hereinafter Board) approval of a Locally Funded Agreement (hereinafter Agreement) between the FDOT and the county and authorization for the Chairman to sign the Agreement. CONSIDERATIONS: The FDOT has included in its Five Year Work Program in Fiscal Year 2014/2015 the SR84 (Davis Boulevard) from Airport- Pulling Road to Heritage Trail Resurfacing Project, which includes new galvanized non - painted traffic signal structures. Based upon past practice, the county desires to have these traffic signal structures painted. The locations of the traffic signal structures to be painted are as follows: Davis Boulevard at Lakewood Boulevard, Davis Boulevard at East Naples Fire Station #21, and Davis Boulevard at Kings Way. The FDOT desires that the county enter into a lump sum non - reimbursable Agreement wherein the county furnishes the FDOT a contribution of forty-five thousand seven hundred seventy eight dollars ($45,778) to cover the additional costs associated with painted traffic signal structures versus galvanized non - painted traffic signal structures. Collier County will provide the funds for the painting of the mast arms once the mast arms are purchased, painted and installed by the FDOT. The FDOT is requesting payment in full within 30 days of notification of the painted mast ann installation. Staff has reviewed this additional cost for painting the traffic signal structures per this Agreement and find the costs to be fair and reasonable. FISCAL IMPACT: Funds in the amount of $45,778 are available in the Traffic Operations Fund 101 operating budget for the painting of traffic signal structures per the Locally Funded Agreement between the FDOT and Collier County pertaining to FDOT Project FPID #429120 -1- 52 -01. Source of funds is ad valorem. The County will be responsible for the ongoing maintenance of painting of the traffic signal structures. The initial painting lasts approximately seven (7) years and each intersection costs approximately $25,000 to repaint. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval. —SRT RECOMMENDATION: That the Board adopts a Resolution to approve a Locally Funded Agreement between the FDOT and Collier County for the painting of traffic signal structures on Packet Page -1301- 10/28/2014 16.A.26. FDOT's Project FPID 4429120- 1 -52 -01 and authorize the Chairman to sign the Resolution and the Locally Funded Agreement. Prepared by: Dale A. Bathon, P.E., Principal Project Manager, Traffic Operations, Growth Management Division Attachment: 1) Resolution; and 2) Locally Funded Agreement Packet Page -1302- 10/28/2014 16.A.26. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.26. Item Summary: Recommendation to adopt a Resolution for the approval of a Locally Funded Agreement between the Florida Department of Transportation (hereinafter FDOT) and Collier County for the painting of traffic signal structures on FDOT "s Project FPID #429120 -1 -52- 01 and to authorize the Chairman to sign a Resolution and the Locally Funded Agreement. (Fiscal Impact ($45,778) Meeting Date: 10/28/2014 Prepared By Name: LynchDiane Title: Supervisor - Operations, Road Maintenance 10/20/2014 11:45:52 AM Submitted by Title: Project Manager, Principal, Transportation Engineering & Construction Management Name: BathonDale 10/20/2014 11:45:53 AM Approved By Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 10/20/2014 1:16:28 PM Name: KearnsAllison Title: Manager Financial & Operational Support, Transportation Administration Date: 10/20/2014 1:36:46 PM Name: TeachScott Title: Deputy County Attorney, County Attorney Date: 10/20/2014 3:41:08 PM Name: OchsLeo Title: County Manager, County Managers Office Packet Page -1303- Date: 10/21 /2014 9:07:57 AM Packet Page -1304- 10/28/2014 16.A.26. 10/28/2014 16.A.26. RESOLUTION NO. 2014 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF A LOCALLY FUNDED AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY. WHEREAS, the Florida Department of Transportation (hereinafter, "FDOT ") has included in its Five Year Work Program in Fiscal Year 2014/2015 the SR 84 (Davis Boulevard) from Airport- Pulling Road to Heritage Trail Resurfacing Project, which includes galvanized non - painted signal structures; and WHEREAS, the Collier County (hereinafter, "COUNTY ") has requested the FDOT include three (3) painted signal structures as follows: Davis Boulevard at Lakewood Boulevard, Davis Boulevard at East Naples Fire Station #21 and Davis Boulevard at Kings Way (hereinafter, the "PROJECT "); and WHEREAS, the FDOT and the COUNTY desire to enter into a Lump Sum Non- reimbursable Locally Funded Agreement (hereinafter, "AGREEMENT") to set forth the terms and conditions upon which the County shall provide funding for the PROJECT. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners concurs and agrees to the provisions and stipulations of the attached AGREEMENT entitled "Locally Funded Agreement between the State of Florida Department of Transportation and Collier County " pertaining to the painting of galvanized non- painted traffic signal structures on the PROJECT; and 2. Staff is hereby directed to forward a certified copy of this Resolution and two original executed copies of the AGREEMENT to the FDOT, Ft. Myers, Florida; and 3. This Resolution shall take effect immediately upon adoption. Packet Page -1305- 10/28/2014 16.A.26. This resolution adopted after motion, second, and majority vote favoring same this 28th day of October, 2014. ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approv as to form and legality: By: Z Z. t_ Scott R. Teach Deputy County Attorney BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. Bv: Tom Henning, Chairman Packet Page -1306- 10/28/2014 16.A.26. FPID PROJECT #429120 -1 -52-01 LOCALLY FUNDED AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY This is an Agreement between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter, "DEPARTMENT ") and COLLIER COUNTY (hereinafter, "COUNTY ") for the COUNTY to provide the DEPARTMENT with a lump sum amount for painting of signal structures. WITNESSETH WHEREAS, the DEPARTMENT has included in its Five Year Work Program in Fiscal Year 2014/2015 for SR 84 (Davis Blvd) from Airport Pulling Rd to Heritage Trail the Resurfacing of said right of way including the installation of galvanized non painted signal structures; and WHEREAS, the COUNTY has requested the DEPARTMENT include three (3) painted signal structures as follows: SR 84 (Davis Blvd) at Lakewood Blvd MP 1.560 Signal ID# 64, SR 84 (Davis Blvd at Fire Station #21 MP 1.846 Signal ID# 65, and SR 84 (Davis Blvd) at Kings Way MP 2.345 Signal ID# 66; (hereinafter, the painting of the signal structures are referred to as the "PROJECT "); and WHEREAS, the DEPARTMENT and COUNTY desire to enter into this Lump Sum Non - reimbursable Locally Funded Agreement to set forth the terms and conditions upon which the COUNTY shall provide funding for the PROJECT. WHEREAS, the COUNTY, by Resolution dated the , day of , 2014, a copy of which is attached hereto and made a part hereof, has authorized the Chairman or designee to enter into this Agreement. NOW THEREFORE, in consideration of the mutual benefits to be derived from joint participation in this Agreement, the parties agree as follows: 1. The DEPARTMENT agrees to temporarily cover the cost of the PROJECT until such time that the DEPARTMENT installs the painted mast arms. The DEPARTMENT estimates the cost of painting the mast arms will be Forty-Five Thousand Seven Hundred Seventy -Eight Dollars ($45,778.00). The COUNTY agrees to provide a lump sum contribution in the amount of Forty-Five Thousand Seven Hundred Seventy -Eight Dollars ($45,778.00) to the DEPARTMENT to cover the costs of the PROJECT (FM # 429120- 1- 52 -01). The DEPARTMENT and the COUNTY agree that the payment shall be an asset of the DEPARTMENT and that it constitutes a full and final payment for the cost of the work, without any requirement for a subsequent accounting for the use of the payment. The DEPARTMENT shall notify the COUNTY when the painted mast arms have been installed. The COUNTY shall remit their contribution to the DEPARTMENT within 30 days after notification by the DEPARTMENT. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), F.S., will be due and payable, in addition to the invoice amount, to the DEPARTMENT. 2. All deposits shall be made payable to the to the Florida Department of Transportation: Florida Department of Transportation OOC -GAO, LFA Section 605 Suwannee Street, MS 42B Tallahassee, FL 32399 Packet Page -1307- 1010 10/28/2014 16.A.26. FPID PROJECT #429120-1 -52-01 LFA:Coltier County Page 2 of 3 3. Contact Persons: Collier County Anthony N. Khawaja P.E. Chief Engineer of Traffic Operations Growth Management Division 2885 South Horseshoe Drive Naples, FL 34104 Federal Employer ID#F59- 6000 -558 -163 Department: Lisa Brinson (863)519 -2836 4. This Agreement shall continue in effect and be binding on the parties until the PROJECT is completed and the DEPARTMENT is paid in full. However, the COUNTY's obligation to maintain the PROJECT after completion shall survive the term of this Agreement. 5. All tracings, plans, specifications, maps and/or reports prepared or obtained under this Agreement shall be considered works made for hire and shall become the property of the DEPARTMENT without restriction or limitation on their use. 6. The DEPARTMENT shall not be obligated or liable hereunder to any party other than the COUNTY. 7. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement. 8. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document and executed by both parties. 9. Vendors /Contractors shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Vendor /Contractor during the term of the contract; and Vendors /Contractors shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. CA Packet Page -1308- 10/28/2014 16.A.26. FPID PROJECT #429120- 1 -52 -01 LFA:Collier County Page 3 of 3 IN WITNESS WHEREOF, COLLIER COUNTY has caused this Agreement to be executed in its behalf through its Chairman or its designee, as authorized by Resolution Number , 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: ATTEST ATTEST Department to enter date. COLLIER COUNTY, FLORIDA (SEAL) CHAIRMAN OR DESIGNEE DATE PRINT NAME DATE COLLIER COUNTY LEEGALA REVIEW: DATE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION EXECUTIVE SECRETARY (SEAL) DISTRICT SECRETARY OR DESIGNEE DISTRICT ONE DATE PRINT NAME DATE FLA. DEPT. OF TRANS. LEGAL REVIEW: BY: DATE Packet Page -1309- CAo