Agenda 03/24/2015 Item #16A16 3/24/2015 16.A.16.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign a Second Amendment to
Joint Participation Agreement between the Florida Department of Transportation and
Collier County to receive additional reimbursement for construction services on the FDOT
resurfacing project on SR951 from Fiddler's Creek Parkway to South of SR90, along with
the County's US-41 and SR/CR-951 intersection project; to execute a Resolution
memorializing the Board's action; and, to authorize the necessary budget amendment;
Project 60116.
OBJECTIVE: That the Board of County Commissioners (BCC) approves and authorizes the
Chairman to sign a Second Amendment to Joint Participation Agreement (JPA) with Florida
Department of Transportation (FDOT) to receive reimbursement for construction services; to
execute a Resolution memorializing the Board's action; and, to authorize the necessary budget
amendment.
CONSIDERATION: As part of the County's intersection improvement project at the
intersection of SR/CR-951 and US-41, the County and the Florida Department of Transportation
(FDOT) entered into a Joint Participation Agreement that would incorporate the FDOT
resurfacing project from Fiddler's Creek Parkway to south of SR 90 (US41). There are two parts
to the JPA based on the FDOT funding allocations. There is a CEI component and a construction
component. Each component is identified as follows:
• Resurfacing Project (3R) (FM#425209-1-58-01)—Construction and CEI, received
Board approval on September 11, 2012 under item 16.A.13 and,
• Intersection Improvements (FM# 428147-1-58-01)—Construction only, received Board
approval on April 23, 2013 under item 16A13.
These agreements were also fully executed by the FDOT on October 8, 2013 and May 31, 2013,
respectively. A First Amendment to the JPA was approved by the Board on October 8, 2013
under item 1 1 E and executed by FDOT on October 22, 2013. Also, on October 8, 2013, the
Board (under item 11 A) awarded a construction contract to Community Asphalt in the amount of
$20,689,000.12 for the improvements previously described.
On February 25, 2015, staff met with the FDOT by telephone conferencing to request additional
funding for the combined project due to the fact that the bids came in 22% higher than expected.
The FDOT agreed to provide an additional $2.0M in funding to the County's project as the
adjacent FDOT US-41 project came in under budget. This proposed Second Amendment to the
JPA will provide this additional funding for the construction of the County's project. Under the
original JPA agreement and First Amendment, the FDOT's construction funding for both the
Resurfacing Project and Intersection Improvement projects was anticipated to be $14,351,849.
This Second Amendment to the JPA will bring the total State contribution to $16,351,849.
FISCAL IMPACT: A budget amendment is required to recognize the JPA agreement revenue
in the amount of$2M for FY 2015 in Transportation Grant Fund 711, Project 60116.
Packet Page -545-
3/24/2015 16.A.16.
GROWTH MANAGEMENT IMPACT: The requested intersection improvements are
consistent with Growth Management objectives and produce no negative impact.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires
majority vote for Board approval.—SRT
RECOMMENDATION: That the Board of County Commissioners approves and authorizes its
Chairman to: (1) sign the attached Second Amendment to the Joint Participation Agreement with
Florida Department of Transportation to furnish Construction services necessary to complete the
FDOT resurfacing project on SR951 from Fiddler's Creek Parkway to South of SR 90, along
with the County's US-41 and SR/CR-951 intersection project, (2) execute a Resolution
memorializing the Board's action, and (3) authorize the necessary budget amendments.
Prepared by: Marlene Messam,Principal Project Manager; Growth Management Department
Attachments: 1) Second Amendment to JPA; and 2)Resolution
Packet Page-546-
3/24/2015 16.A.16.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.16.
Item Summary: Recommendation to approve and authorize the Chairman to sign a
Second Amendment to Joint Participation Agreement between the Florida Department of
Transportation and Collier County to receive reimbursement for Construction services on the
FDOT resurfacing project on SR951 from Fiddler's Creek Parkway to South of SR 90, along with
the County's US-41 and SR/CR-951 intersection project;to execute a Resolution memorializing
the Board's action; and, to authorize the necessary budget amendment; Project 60116.
Meeting Date: 3/24/2015
Prepared By
Name: MessamMarlene
Title: Project Manager, Principal,Traffic Operations
2/26/2015 6:50:31 AM
Submitted by
Title: Project Manager,Principal, Traffic Operations
Name: MessamMarlene
2/26/2015 6:50:32 AM
Approved By
Name: AhmadJay
Title: Director-Transportation Engineering, Transportation Engineering&Construction Management
Date: 2/26/2015 10:26:35 AM
Name: TaylorLisa
Title: Management/Budget Analyst, Transportation Administration
Date: 3/2/2015 1:05:21 PM
Name: PutaansuuGary
Title: Project Manager, Principal, Transportation Engineering&Construction Management
Date: 3/2/2015 3:42:33 PM
Packet Page-547-
3/24/2015 16.A.16.
Name: MarkiewiczJoanne
Title: Division Director-Purchasing&Gen Svc,Purchasing&General Services
Date: 3/3/2015 10:10:50 AM
Name: ShueGene
Title: Division Director-Operations Support, Transportation Administration
Date: 3/3/2015 1:25:50 PM
Name: KearnsAllison
Title: Manager Financial &Operational Support,Transportation Administration
Date: 3/3/2015 2:14:48 PM
Name: OberrathKaren
Title: Accountant, Senior, Grants Management Office
Date: 3/9/2015 7:25:01 AM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 3/9/2015 9:49:59 AM
Name: LynchDiane
Title: Supervisor-Operations, Road Maintenance
Date: 3/10/2015 4:57:00 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 3/1 1/2015 1:14:49 PM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 3/16/2015 11:31:09 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/16/2015 12:57:13 PM
Name: StanleyTherese
Title: Manager-Grants Compliance, Grants Management Office
Date: 3/16/2015 1:36:22 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 3/16/2015 2:20:25 PM
Packet Page -548-
3/24/2015 16.A.16.
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:
Packet Page-549-
3/24/2015 16.A.16.
FM#428147-1-58-01 and 425209-1-58-01
2°d 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.
a
Packet Page -550-
3/24/2015 16.A.16.
FM#428147-1-58-01 and 425209-1-58-01
2nd AMENDMENT TO.IPA WITH COLLIER COUNTY
Paee 3 of 3
ACKNOWLEDGED AND AGREED TO:
COLLIER COUNTY,FLORIDA
ATTEST
CLERK (Seal) CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
Date Print Name Date
Collier County Legal Review: )
By: = 4), ) 5
Date
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
Packet Page -551-
3/24/2015 16.A.16.
RESOLUTION NO. 2015-
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
$1 6,351,849.00, 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 fords 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
Packet Page -552- rl' t
3/24/2015 16.A.16.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring
this day � nn r
same, this 24th day of March, 2015.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY,FLORIDA
By: By:
, Deputy Clerk TIM NANCE, Chairman
Approved as to form and legality:
Scott R. Teach,Deputy County Attorney
2
Packet Page -553-