Agenda 10/28/2008 Item #10B
Agenda Item NO.1 OB
October 28, 2008
Page 1 of 14
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve a Locally Funded
Agreement between FDOT and Collier County for construction of a new bridge over the
Cocohatchee River on County Road 901 (Vanderbilt Drive), a Memorandum of Agreement
between those parties and the State Department of Financial Services establishing an
escrow account to deposit funds related to that project, and a Resolution approving those
agreements and authorizing the Chairman to execute both agreements.
OBJECTIVE: To obtain Board approval of a Locally Funded Agreement, Memorandum of
Understanding, and Resolution pertaining to the construction of a new bridge over the
Cocohatchee River on County Road 901 (Vanderbilt Drive).
CONSIDERA TIONS: The State of Florida has been working on design plans for the bridge
replacement over The Cocohatchee River on CR901 (Vanderbilt Drive) with a total project cost
anticipated at $7,425,621. County Transportation, Parks & Recreation, and Utilities staff have
been involved in the coordination and review process with FDOT. The county's share of the
project is $1,761,811.00. The new bridge will accommodate future needs of each of these
divisions as identified by each during the process. The county's share of the cost of this bridge is
funded by a portion of the $3 Million mitigation collected from the Cocohatchee Bay Settlement
...- Agreement. It is the county's desire to include bicycle/pedestrian improvements on CR 901 at
Vanderbilt Drive Bridge 030176 Cocohatchee River Bridge replacement. The project is
presently in the Five Year Work Program scheduled for fiscal year 2008/2009. FDOT is willing
to include bicycle/pedestrian improvements in connection with the project identified as FM No.
408440 1 52 01. The county is willing to provide the required funds for the project in
accordance with F.S. 339.12(3).
As part of this project, FDOT requires the execution of a Locally Funded Agreement, as well as
a Memorandum of Agreement, which also includes the State of Florida Department of Financial
Services to establish an escrow account to deposit funds to be used to finance the project. A
Resolution is also attached hereto to memorialize the Board's approval of those agreements and
to authorize the Chairman to sign the agreements.
GROWTH MANAGEMENT IMPACT: The attached contract does not impact or conflict
with the Growth Management Plan.
LEGAL CONSIDERA TlUNS: This item has been approved by the County Attorney's Office
and is legally sufficient for Board action. - SRT.
,-
FISCAL IMPACT: The approval of the associated contracts will have a tiscal impact of One
Million Seven Hundred Sixty One Thousand Eight Hundred Eleven Dollars ($1,761,811.00)
which will be paid by the proceeds from the Cocohatchee Bay Settlement Agreement. This
amount is to be deposited by the county, in an interest bearing escrow account in the naITIe of the
Florida Department of Transp0l1ation with the Depm1ment of Financial Services, Division of
Treasury.
Agenda Item r\lo. 108
October 28, 2008
Page 2 of 14
RECOMMENDA TION: That the Board of County Commissioners approves the attached
Locally Funded Agreement, Memorandum of Agreement, and Resolution and authorizes the
Chairman to sign the agreement on the Board's behalf.
Prepared by Michael Greene, Transportation Planning Manager
Attachments; 1) Resolution; 2) Locally Funded Agreement; 3) Memorandum of Agreement
.-
Page 1 of 2
Agenda 11em NO.1 DB
Oc1ober 28, 2008
Page 3 of 14
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
10B
Recommenaatlon that the Board of County Commissioners approve a Locally Funded
Agreement between FDOT and Collier County for construction of a new bndge over the
Cocohatchee River on County Road 901 (Vanderbilt Drive), a Memorandum of Agreement
between those parties and the State Department of Financial Services establishing an
escrow aocount to deposit funds related to that proJect. and a Resolution approving those
agreements and authorizing the Chairman to exeoute both agreements (Norman Feder,
Transportation Services Administrator)
Meeting Date:
10/28/200890000 AM
Prepared By
Michael Greene
Project Manager
Date
Transportation Services
Transportation Engineering &
Construction Management
9/29/200810:59:23 AM
Approved By
Nick Casalanguida
MPO Director
Date
Transportation Services
Transportation Planning
9/30/2008 8:49 AM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
10/1/20083:10 PM
Approved By
Therese Stanley
Grants Coordinator
Date
Transportation
Transportation Administration
~01212008 7:50 AM
Approved By
Scott R. Teach
Assistant County Attorney
Date
County Attorney
County ,t.ttolTley Office
10/2/20G8 9:31 tJVl
Approved By
Lisa Taylor
Man?gernentfSudget Analyst
Dgte
Transportation Services
T~ansportation Administration
10-'51200811:11 A\VI
Approved By
Glcr:3 Herrera
r~~ant1gcm€ntfBudget Anatyst
r,~ ~~
l.;dl~
Transportation Services
StormVii'ater f/ianagement
10/6/2008 1 :00 PM
Approved By
..-,
?al L...ehnharo
:=xecuuvc ~ecrctc?;ry
Date
Transportation Services
Transportation Services Adrnln
10/"\4/20082:39 PM
file://C:\AgendaTest\Exnort\ 115-0cloher%202~0Yn20200R\ 1 ()(~;,2()COl JNTyoj,./OM AN A(J. 1 ()/)')j)()OR
Page 20f2
Agenda Item NO.1 OB
October 28, 2008
Page 4 of 14
Approved By
OMB Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
10116120087:51 AM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
10116120085:06 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10118/20088:28 PM
,.,,-..^
fi le:IIC:\AgendaTest\Fxnort\ 1\ S-Oct()her%202~L%)O)OOR\ I OO/~,)O(,Ol JNTY%JOM AN An
I OJ')? jJ 00 R
Agenda Item NO.1 OB
October 28, 2008
Page 5 of 14
MEMORANDUM OF AGREEMENT
TIllS AGREEMENT, made and entered into this -' day of .2008, by
and between the State of Florida, Department of Transportation, hereinafter referred to as
"FDOT" and the State of Florida, Department of Financial Services. Division of Treasury,
hereinafter referred to as "Treasury" and Collier County, hereinafter referred to as the
"Participant" .
WITNESSETH
WHEREAS, "FDOT" is currently constructing the following project:
Main Financial Project No.:408440 1 5201
County: Collier
hereinafter referred to as the "Project".
WHEREAS, FOOT and the Participant entered into a Locally Funded Agreement dated
, 2008. wherein FDOT agreed to perfonn certain work on behalf of the
Participant in conjunction with the Project.
WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the
best interest of the FOOT and the Participant to establish an interest bearing escrow account to
provide funds for the work perfonned on the Project on behalf of the Participant by the FOOT.
NOW THEREFORE. in consideration of the premises and the covenants contained
herein, the parties agree to the following:
1. An initial deposit in the amount of ON ONE MILLION SEVEN HUNDRED SIXTY
ONE THOUSAND EIGHT HUNDRED ELEVEN DOLLARS (SI,761.8] ].00) will be made by the
Participant into an interest bearing escrow account established by the Department for the
purposes of the project. Said escrow account will be opened with the Department of Financial
Services, Division of Treasury, Bureau of Collateral Management on behalf of the FOOT upon
receipt of this Memorandum of Agreement. Such account will be an asset ofFDOT.
2. Other deposits win be made only by the Participant as necessary to cover the cost
of additional work prior to the execution of any Supplemental Agreements or Amendments.
Aqenda item No, lOB
~ October 28, 2008
Page 6 of 14
350-020-300-i
Page 2 of 2
3. All deposits shall be made payable to the Department of Financial Services,
Revenue Processing and mailed to the FDOT OOC-GAO for appropriate processing at the
following address:
Florida Department of Transportation
OOC-GAO, LF A Section
605 Suwannee Street, MS 42B
Tallahassee, Florida 32399
4. The FDOT's Comptroller or designee shall be the sole signatories on the escrow
account with the Department of Financial Services and shall have sole authority to authorize
withdrawals from said account.
5, Unless instructed otherwise by the parties hereto, all interest accumulated in the
escrow account shall remain in the account for the purposes of the project as defmed in the LF A.
6. The Department of Financial Services agrees to provide written confirmation of
receipt of funds to the FOOT.
7.
the FOOT.
The Department of Financial Services further agrees to provide periodic reports to
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
COMPTROLLER
STA IE OF FLORIDA
DEPARTMENT OF FINANCIAL
SERVICES, DIVISION OF TREASURY
:1.. 'l"TESf
iWl81ff B. ... ~~
PARllCIPAl'-l'T SIGNATURE
Board of County Commissioners
Tom Henning, Chairman
PARTICIPANT NAME & TITLE
Y:
3301 East Tamiami Trail
PARTICIPANT ADDRESS
Naples, FL 34112-4902
FEDERAL EMPLOYER J.D. NUMBER
Agenda Item NO.1 OB
October 28, 2008
Page 7 of 14
FM # 408440 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 CR 901 AT VANDERBILT DRIVE BRIDGE 030176
COCOHA TCHEE RIVER
WITNESSETH
1. WHEREAS, the COUNTY desires to have the DEPARTMENT include
bicycle/pedestrian improvements on the CR 901 at Vanderbilt Drive Bridge 030176
Cocohatchee River bridge replacement (hereinafter, "PROJECT"); and
2. WHEREAS, the PROJECT is presently in the DEPARTMENT'S Five Year Work
Program scheduled for fiscal year 2008/2009; and
3, WHEREAS, the DEPARTMENT is willing to include bicycle/pedestrian
improvements in connection with the DEPARTMENT'S project identified as FM No.
408440 1 52 01 (hereinafter "FDOT PROJECT'). The COUNTY is willing to
provide the required funds for the PROJECT in accordance with F.S. 339.12(3); and
4. WHEREAS, the COUNTY, by Resolution dated the day of . 2008,
a copy of which is attached hereto and made a part hereof, has authorized its
Chairman of the Board of County Commissioners 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:
The COUNTY agrees that it will, at least ]4 (fourteen) calendar days prior to the
DEPARTMENT'S advertising the project for bid, furnish the Department an advance
deposit in the amount of ONE MILLION SEVEN HUNDRED SIXTY ONE
THOUSAND EIGHT HUNDRED ELEVEN DOLLARS ($1,761,811.00) for full
payment of the estimated project cost for Locally Funded project. The advanced deposit
shall be the total estimated project cost plus allowances. The DEPARTMENT may
utilize this deposit for payment of the costs of the project. This amount to be deposited
by the COUNTY, in an interest bearing escrow account in the name of the Florida
Department of Transportation with the Department of Financial Services, Division of
Treasury and in accordance with the terms and conditions of the Memorandum of
Agreement executed by the DEPARTMENT, the COUNTY and the Department of
Financial Services and by this reference made a part of this Agreement as though fully set
forth herein. All deposits shall be made to the Department of Financial Services,
Revenue Processing and mailed to the Florida Department of Transportation for
processing as follows:
)l,Cjenda Item NO.1 DB
~ October 28. 2008
Page 8 of 14
Florida Department of Transportation
605 Suwannee Street
Tallahassee, Florida 32399
Attention: LFA Section - MS 42B
A copy shall be sent to:
Karen Miracola, District One
LF A IJP A Coordinator
Florida Department of Transportation
P.O. Box ]030
Fort Myers, Florida 33902-1030
1. Failure of the COUNTY to deposit said amount within the time frame specified
above shall be grounds for termination of this Agreement.
2. If the accepted bid amount plus allowance is in excess of the advance deposit
amount, the COUNTY will provide an additional deposit within 21 (twenty-one) calendar
days of notification from the DEP AR TMENT or prior to posting of the accepted bid.
whichever is later, so that the total deposit is equal to the bid amount plus allowances.
The DEPARTMENT will notify the COUNTY as soon as it becomes apparent the
accepted bid amount plus allowances is in excess of the advance deposit amount;
however. failure of the DEPARTMENT to so notify the COUNTY shall not relieve the
COUNTY from its obligation to pay for its full participation on final aceounting as
provided herein below, If the COUNTY cannot provide the additional deposit within 14
(fourteen) days. a letter must be submitted to and approved by the DEPARTMENT's
project manager indicating when the deposit will be made. The COUNTY understands
the request and approval of the additional time could delay the projec~ and additional
costs may be incurred due to a delay of the project.
If the accepted bid amount plus allowances is less than the advance deposit
amount, the DEPARTMENT will refund the amount that the advance deposit exceeds the
bid amount plus allowances.
3. Should project modifications or changes to bid items occur that increase the
COUNTY's share of total project costs. the COUNTY will be notified by the
DEPARTMENT accordingly. The COUNTY agrees to provide, without delay, in
advance of the additional work being performed, adequate funds to ensure that cash on
deposit with the DEPARTMENT is sufficient to fully fund its share of the project. The
DEPARTMENT shall notify the COUNTY as soon as it becomes apparent the actual
costs will overrun the award amount; however, failure of tile DEPARTMENT to so notifY
the COUNTY shall not relieve the COUNTY from its obligation to pay for its full
participation during the proje.ct and on final accounting as provided herein be!ow. Funds
due from the COUNTY during the project not paid within 40 (forty) calendar days from
the date of the invoice are subject to an interest charge at a rate established pursuant to
Section 55.03, Florida Statutes (F.S.).
Aqenda Item NO.1 OB
~ October 28, 2008
Page 9 of 14
4. The DEPARTMENT intends to have its final and complete accounting of all costs
incurred in connection with the work perfonned hereunder within three hundred and sixty
days (360) of final payment to the Contractor. The DEPARTMENT considers the project
complete when the final payment has been made to the Contractor, not when the
construction work is complete. All project cost records and accounts shall be subject to
audit by a representative of the COUNTY for a period of three (3) years after final
closeout of the PROJECT. The COUNTY will be notified of the final cost. Both parties
agree that in the event the final accounting of total project costs pursuant to the terms of
this agreement is less than the total deposits to date, a refund of the excess will be made
by the DEPARTMENT to the COUNTY. If the final accounting is not performed within
three hundred and sixty (360) days, the COUNTY is not relieved from its obligation to
pay.
5. In the event the final accounting of total project costs is greater than the total
deposits to date, the COUNTY will pay the additional amount within forty (40) calendar
days from the date of the invoice from the DEPAR1MENT. The COUNTY agrees to
pay interest at a rate as established pursuant to Section 55.03, F .S., on any invoice not
paid within forty (40) calendar days until the invoice is paid.
6. The DEPARTMENT agrees to provide project schedule progress reports to the
COUNTY in the standard fonnat used by the DEPARTMENT and at intervals
established by the DEPARTMENT. The COUNTY will be entitled at all times to be
advised, at its request, as to the status of work being done by the DEPARTMENT and of
the details thereof. Either party to the Agreement may request and be granted a
conference.
7. 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.
8. The DEPARTMENT shall not be obligated or liable hereunder to any party other
than the CITY/COUNTY.
9. In no event shall the making by the DEPARTMENT of any payment to the
COUNTY constitute or be construed as a waiver by the DEPARTMENT of any breach of
covenant or any default which may then exist, on the part of the COUNTY, and the
making of such payment by the DEPARTMENT while any such breach or default shall
exist shall in no way impair or prejudice any right or remedy available to the
DEPARTMENT with respect to such breach or default.
I O. Unless otherwisc specifically stated herein, this Agreement shall be governed by
and construed in accordance with the laws of the State of Florida
/\aenda Item NO.1 08
~ October 28, 2008
Page 10 of 14
11. All notices under this Agreement shall be directed to the following:
TO DEPARTMENT: TO CITY:
James Wooten, Project Manager Michael Greene, Planning Manager
Florida Department of Transportation Collier County Transportation
P.O. Box 1249, MS 1-29 2885 Horseshoe Drive South
Bartow, FL 3383] Naples, FL 34104
12. 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.
13. To the extent provided by Section 768,28, Florida Statutes, the COUNTY shall
indemnify, defend, and hold harmless the DEP ARTMb"NT and all of its officers, agents,
and employees from any claim, loss, damage, cost, charge, or expense arising out of any
act, error, omission, or negligent act by the COUNTY, its agents, or employees during
the performance of this Agreement, except that neither the COUNTY, its agents, or its
employees will be liable under this paragraph for any claim, loss, damage, cost, charge,
or expense arising out of any act, error, omission, or negligent act by the DEPARTMENT
or any of its officers, agents, or employees during the performance of this Agreement.
The parties recognize and accept the funding restrictions set forth in Section
339. 135(6)(a), and Section 129.07, Florida Statutes, which may affect each of the parties'
obligations. Those provisions are as foHows:
(a) The Department during any fiscal year shall not expend money, incur any
liability, or enter into any contract which, by its terms, involves the expenditure of
money in excess of the amounts budgeted as available for expenditure during such
fiscal year. Any contract, verbal or written, made in violation of this subsection is
null and void, and no money may be paid on such contract. The Department shall
require a statement from the Comptroller of the Department that funds are
available prior to entering into any such contract or other binding commitment of
funds. Nothing herein contained shall prevent the making of contracts for periods
exceeding one (1) year, but any contract so made shall be executory only for the
value of the services to be rendered or agreed to be paid for in succeeding fiscal
years. Section 339. 135(6)(a), Florida Statutes. Accordingly, the State of Florida's
performance and obligation to pay under this Contract is contingent upon an
annual appropriation by the Legislature.
When either party receives a notice of claim for damages that may have been
caused by the other party in the performance of services required under this Agreement,
that party will immediately forward the claim to the other part)'. Each party will evaluate
the claim and report its findings to each other within fourteen (14) working days and will
jointly discuss options in defending the claim.
Agenda Item NO.1 OB
October 28, 2008
Page 11 of 14
14. This Agreement shall continue in effect and be binding on the parties until the
PROJECT is completed, and final costs are known by the DEPARTMENT. However.
tbe COUNTY's obligation to maintain the FDOT PROJECT and PROJECT after
completion by tbe DEPARTMENT shaD survive tbe term of tbis Agreement.
15. This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to the matters contained herein.
and the panies 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 executed with the same
formality and of equal dignity herewith,
Aaenda Item r'.jo. 10B
~ October 28, 2008
Page 12 of 14
IN WITNESS WHEREOF, COLLIER COUNTY has caused this Agreement to be
executed in its behalf, by the Chairman of the Board of County Commission 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:
A TIEST
COLLIER COUNTY, FLORIDA
Board of County Commissioners
CLERK
(Seal)
CHAIRMAN OR DESIGNEE
Tom Henning
PRINT NAME
DAlE
DATE
COLLlEIl COliNTY. 7..AL REVIEW,
BY' ~91 iZ -~L ~.wOR
ATE
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
A TIEST
EXECUTIVE SECRET AR Y
(SEAL)
BY:
DISTRICT ONE SECRETARY
OR DESIGNEE
PRINT N..o\ME
DATE
PRINT NAME
DATE
FLA. DEPT. OF TRANS, LEGAL REVIEW:
BY:
DATE
Agenda Item NO.1 OB
October 28, 2008
Page 13 of 14
RESOLUTION NO. 2008 -
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, APPROVING, AND AtmlORIZING ITS
CHAIRMAN TO EXECUTE, A LOCAL FUNDED AGREEMENT BETWEEN
THE STATE OF FLORIDA DEPARlMENT OF TRANSPORTATION AND
COLLIER COUNTY AND A MEMORANDUM OF AGREEMENT BETWEEN
THE FLORIDA DEPARTMENT OF TRANSPORTATION, FLORIDA
DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF TREASURY,
AND COLLIER COUNTY, BOrn PERTAINING TO A PROJECT FOR
IMPROVEMENTS ON COUNTY ROAD 901 AT VANDERBILT DRIVE
BRIDGE AND THE COCOHATCHEE RIVER BRIDGE.
WHEREAS, the State of Florida Department of Transportation (FOOT) and Collier
County, Florida ("Collier County") wish to enter into a Locally Funded Agreement ("LF A") to
include bicycle/pedestrian improvements as part of FOOT's project involving the CR 901 at
Vanderbilt Drive Bridge 030176 Cocohatchee River Bridge replacement identified as FOOT
ProjectFMNo.4084401 5201; and
WHEREAS, FOOT as a condition of incorporating those improvements into its project is
seeking the execution of the LF A, which includes a requirement that the County provide an
advance deposit of the full estimated project cost in the amount of$I,761,811.00; and
WHEREAS, as a further condition of the LFA, the County, FDOT, and the Florida
Department of Financial Services, Division of Treasury ("Dept. of Financial Services"), are
required to enter into a Memorandum of Agreement whereby the parties agree to deposit the
advance deposit funds into an interest bearing escrow account opened by the Department of
Financial Services, Bureau of Collateral Management for the purpose of preserving those funds
for payment of the aforementioned improvements; and
WHEREAS, the Collier County Board of County Commissioners finds that the LF A and
Memorandum of Agreement are proper and that it is in the public interest to enter into those
Agreements.
NOW, TIIEREFORE. BE IT RESOL YED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board of County Commissioners approves, and authorizes its Chairman to sign, thenattached Locally Funded Agreement and Memorandum of Agreement,
2. The Collier County Clerk will forward a certified copy of this Resolution to FDOT
along with the Locally Funded Agreement and Memorandwn of Agreement for
execution by FDOT and the Florida Department of Financial Services, Division of
Treasury.
3. This Resolution shall take effect immediately upon adoption.
,\qenda Item ~~o. 10B
~ October 28. 2008
Page 4 of 14
TillS RESOLU110N ADOPTED after motion, second, and majority vote favoring
same, this day of October, 2008.
AITEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
Tom Henning, Chairman
, Deputy Clerk
J;i PI t:egw suffieiency
cott R. Teach,
Deputy County Attorney