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Agenda 02/08/2022 Item #16A 1 (2nd Amendment to TIGER Grant IX - Immokalee Complete Streets Grant Agmt)02/08/2022 EXECUTIVE SUMMARY Recommendation to provide after -the -fact approval for Amendment 2 to the Transportation Investments Generating Economic Recovery (TIGER) IX - Immokalee Complete Streets Grant Agreement with the U.S. Department of Transportation/Federal Highway Administration Grant Award #693JJ32040007 in the amount of $8,339,989, and authorize the necessary budget amendments. (Stormwater Bond Fund 327, Growth Management Capital Fund 310, Growth Management Grant Match Fund 712) OBJECTIVE: To receive after -the -fact approval from the Board to approve Amendment 2 to the TIGER IX - Immokalee Complete Streets Grant Agreement with the U.S. Department of Transportation/Federal Highway Administration. CONSIDERATIONS: The U.S. Department of Transportation/ Federal Highway Administration provides grants through the National Infrastructure Investments Discretionary Grant Program (TIGER Discretionary Grants). The TIGER IX grant (Award #693JJ32040007) received by Collier County will construct improvements in Immokalee including approximately 20 miles of sidewalks, a shared -use path, street lighting, bus shelters, a new transit center, landscaping, and drainage improvements. On November 14, 2017, Item 16A17, the Board approved submittal of the grant application to U.S. Department of Transportation for funding consideration. The County was subsequently awarded funding and on July 14, 2020, Item 16A13, the Board approved the 2017 TIGER IX Discretionary Grant Agreement. On October 12, 2021, 16A11, the Board approved an after -the -fact Amendment #1 of this Agreement updating the grant milestones and extending the project completion date to August 1, 2024. On January 11, 2022, Item 16A17, the Board approved the necessary budget amendments to allocate funds for stormwater improvements associated with the project. The second amendment of this Agreement has been issued to further revise deliverable deadlines, extend the completion date of the project to October 31, 2024, revise estimated budget subcategories, and increase the local share by $8,339,989 to a total of $11,683,162. This increase is sized on updated cost estimates. Collier County CMA #5330 authorizes the County Manager to approve the submittal of grant applications with subsequent Board of County Commissioners action at the next available Board meeting to ratify the approval as "after -the -fact." FISCAL IMPACT: The amendment has increased the local contribution in the amount of $8,339,989 to align with the anticipated project cost. Federal Grant funding in the amount of $13,132,691 has not changed. Budget Amendments are necessary to reallocate local funding available within Growth Management Division Capital Funds to Growth Management Match Fund (712), Project 33563. Transfers include $8,535,606 from Stormwater Bond Fund (327) to Growth Management Match Fund (712) and reducing the Growth Management (Transportation) Capital Fund (310) transfer by $135,617 to the Growth Management Match Fund (712). Sources of funding are Stormwater Bond Funds and General and Unincorporated General Funds. GROWTH MANAGEMENT IMPACT: These infrastructure improvements are consistent with the Growth Management Plan. Packet Pg. 264 02/08/2022 LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board action. -JAB RECOMMENDATION: To provide after -the -fact approval of Amendment 2 to the TIGER IX - Immokalee Complete Streets Grant Agreement with the US Department of Transportation/Federal Highway Administration, and authorize the necessary budget amendments. Prepared by: Michael Tisch, Project Manager, Transportation Engineering Division ATTACHMENT(S) 1. CM MEMO 2022 01-24 TIGER IX Amend 2 (PDF) 2. Amendment #1 to TIGER IX Agreement Award #693JJ32040007 (PDF) 3. TIGER IX FHWA Amedment 2 693JJ32040007_0002 FE MT (PDF) 4. Final Executed TIGER Agreement 8_3_20 BOCC 21134 MT (PDF) 5. Tiger Funding Breakdown (PDF) Packet Pg. 265 16.A.1 02/08/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.1 Doe ID: 21134 Item Summary: Recommendation to provide after -the -fact approval for Amendment 2 to the Transportation Investments Generating Economic Recovery (TIGER) IX - Immokalee Complete Streets Grant Agreement with the U.S. Department of Transportation/Federal Highway Administration Grant Award #693JJ32040007 in the amount of $8,339,989, and authorize the necessary budget amendments. (Stormwater Bond Fund 327, Growth Management Fund 310, Growth Management Grant Match Fund 712) Meeting Date: 02/08/2022 Prepared by: Title: — Transportation Engineering Name: Michael Tisch 01/27/2022 10:14 AM Submitted by: Title: Division Director - Transportation Eng — Transportation Engineering Name: Jay Ahmad 01/27/2022 10:14 AM Approved By: Review: Growth Management Department Lisa Abatemarco Additional Reviewer Growth Management Department Lisa Taylor Additional Reviewer Transportation Engineering Anthony Khawaja Additional Reviewer Growth Management Department Anthony Khawaja Additional Reviewer Growth Management Department Lissett DeLaRosa Growth Management Department Growth Management Department Gene Shue Additional Reviewer Growth Management Department Michael Tisch Growth Management Growth Management Department Trinity Scott Transportation Grants Valerie Fleming Level 2 Grants Review County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Grants Therese Stanley Additional Reviewer Office of Management and Budget Susan Usher Additional Reviewer Completed 01/27/2022 11:21 AM Completed 01/28/2022 8:58 AM Completed 01/28/2022 11:08 AM Completed 01/28/2022 11:09 AM Completed 01/28/2022 11:17 AM Completed 01/28/2022 12:34 PM Skipped 01/20/2022 1:32 PM Completed 01/28/2022 4:31 PM Completed 01/31/2022 10:01 AM Completed 01/31/2022 2:39 PM Completed 01/31/2022 2:47 PM Completed 01/31/2022 3:57 PM Completed 02/01/2022 9:36 AM Completed 02/02/2022 11:34 AM Packet Pg. 266 16.A.1 02/08/2022 County Manager's Office Board of County Commissioners Mark Isackson Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 02/02/2022 1:01 PM 02/08/2022 9:00 AM Packet Pg. 267 16.A.1.a Co Yer County Office of Management & Budget TO: Mark Isackson, County Manager CC: Chris Johnson - Manager GMD Financial & Operational Support Trinity Scott — Deputy Department Head Growth Management Department FROM: Therese Stanley Manager— OMB Grants Compliance 41-f, DATE: January 24, 2022 Grant Applicatio eviewed and Approved by County Manager designee; County Manager (Acting) '1- 2 `1- Z Z {date After -the -Fact Approval by the BCC is required at the February 8, 2022 BCC meeting RE: County Manager review and approval to execute the US Department of Transportation Federal Highway Administration (FHWA) TIGER IX Grant Amendment No. 2 for the Immokalee Complete Streets Project (ATF 22-008) FHWA has provided funding for the TIGER Immokalee Complete Streets — Growing Connections to Create Mobility Opportunities Project under Agreement 693JJ32040007 as approved by the Board on July 14, 2020. The funding agreement provides for reimbursement of eligible expenses, up to a maximum of $13,132,691. Amendment No. 1 was issued and approved by the Board on October 12, 2021 (16A11) to revise deliverable deadlines and extend the completion date of the project to August 1, 2024. In discussions with FHWA, amendment No. 2 has been issued to further revise deliverable deadlines, extend the completion date of the project to October 31, 2024, revise estimated budget subcategories and increase the local share by $8,339,989 to a total of $11,683,162. This increase is sized on updated cost estimates. Funding is available within Stormwater Bond Fund 327, Project 33563 as approved by the Board on January 11, 2022. Staff received the amendment from FHWA on January 24, 2022 with execution due no later than January 28, 2022. Due to the short turnaround, we are asking for your approval to submit the amendment followed by an After -the -Fact approval by the Board of County Commissioners at the February 8, 2022 Board meeting. Once you have reviewed the amendment, please sign in the box above and in the areas marked throughout the application and call me for pickup at 239-252-2959. Thank you, and please let me know if you have any questions regarding this request. 3299 Tamiami Trail East, Suite 201 - Naples, Florida 34112-5746.239-252-8973 - FAX 239-252-8828 Packet Pg. 2 8771 16.A.1.b 693JJ32040007 Amendment 1 1 of 7 AMENDMENT TO THE GRANT AGREEMENT 1. AMENDMENT NO.: I EFFECTIVE DATE: See No. 14 below 2. PROCUREMENT REQUEST NO.: HOFM210034PR 3. AMENDMENT OF AGREEMENT NO.: 693JJ32040007 4. ISSUED BY: Federal Highway Administration Office of Acquisition and Grants Management 1200 New Jersey Avenue, SE HCFA-32, Mail Stop E62-204 Washington, DC 20590 5. NAME AND ADDRESS OF RECIPIENT: Collier County Board of County Commissioners 3299 Tamiami Trail East, Suite 202 Collier, FL 34112-4902 DUNS: 07699779 TIN:59-60000558 6. ACCOUNTING AND APPROPRIATION DATA (if required): N/A 7. DOLLAR AMOUNT OF AMENDMENT: $0 8. DESCRIPTION OF AMENDMENT: This amendment is issued to: 1) update the period of performance end date on Page 1, Item 6; 2) update the Signature of Person Authorized to Sign (Name: ) on Page 1, Item 16; 3) update the FH WA signatory on Page 1, Item 17; 4) update the schedule with actual and/or new planned dates on Pages 3-4 Section 2.2; 5) update the recipient contact information on Page 5, Section 2.8) update the termination dates based on schedule updates on Page 9, Section 8.1; 7) update the USDOT contact information on Pages 10-11, Section 9.1; 8) update recipient key personnel on Page 12, Section 11.2; 9) update the "EXECUTION OF USDOT" personnel on Page 14; 10) update the"EXECUTION BY: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA" personnel on Page 15; 11) update the schedule with actual and/or new planned dates on Page 17, Attachment `B'; 12) update the pre -project and post -construction performance measurement data collection and reporting dates on Pages I8-19, Attachment "D". The Agreement is amended as follows (refer to page 2): 9. NAME AND TITLE OF SIGNER 11. NAME OF AGREEMENT OFFICER Sean Callahan, Acting County Manager Robert S. Miller, II 10. RECIPIENT 12. FEDERALHIGHWAY <�— ADMINISTRATION ROBERTS MILLER Digitally signed by ROBERTS MILLER II Date: 2021.09.23 07:55:36-04'00' (Signature of person authorized to sign) (Signature of Agreement Off tcer) 13. DATE SIGNED:_ �12, Lv 14. DATE SIGNED: 9/23/2021 r)v1 Packet Pg. 269 16.A.1.b 693JJ32040007 Amendment 1 2of7 1. Page 1, Item 6, Period of Performance, delete and replace with the following: Effective Date of Award — August 1, 2024 2. Page 1, Item 16, RECIPIENT, delete and replace with the following: 16. Signature of Person Authorized to Sign Signature Date Name: Commissioner Penny Taylor, District 4 Title: Collier County Board of County Commissioners — Chair 3. Page 1, Item 17, FEDERAL HIGHWAY ADMINISTRATION, delete and replace with the following: 17.Signature of Agreement Officer Signature Date Name: David J. Villalobos Title: Agreement Officer 4. Pages 3-4, Section 2.2, Summary of Project's Estimate, delete and replace with the following: (See Attachment B for additional details). Actual Completion of NEPA: Actual RFP Approval: Planned Design/Build Contract Award Date: Planned Design/Build Start Date: Planned Construction Substantial Completion and Open to Traffic Date: Period of Performance End Date: Planned Project Closeout Date: September 25, 2019 May 12, 2020 December 14, 2021 February 1, 2022 February 1, 2024 August 1, 2024 November 1, 2025 5. Page 5, Section 2.8, Recipient Contacts, delete and replace with the following: Lorraine Lantz Principal Planner Collier County Capital Projects, Planning, Impact Fees & Program Management 2685 S. Horseshoe Dr., Suite 103, Naples, FL 34104 239-252-5779 Lorraine.Lantz(a,Coll ierCountyFL.aov 01.J Packet Pg. 270 16.A.1.b 693JJ32040007 Amendment 1 3 of 7 and Michael Tisch Project Manager Collier County Capital Projects, Planning, Impact Fees & Program Management 2685 S. Horseshoe Dr., Suite 103, Naples, FL 34104 239-252-5839 Michael.Tisch&colliercountyfl.gov 6. Page 9, Section 8.1, USDOT Termination, delete and replace with the following: (a) The USDOT may terminate this agreement and all of its obligations under this agreement if any of the following occurs: (1) The Recipient fails to obtain or provide any non -TIGER Discretionary Grant contribution or alternatives approved by the USDOT as provided in this agreement and consistent with sections 2.2, 2.3, and 2.4; (2) The Recipient fails to begin the design/build project before April 1, 2022; (3) The Recipient fails to begin expenditure of award funds by August 5, 2022; (4) The Recipient fails to achieve the Construction Substantial Completion and Open to Traffic Date by May 1, 2024; (5) The Recipient fails to meet the conditions and obligations specified under this agreement, including a material failure to comply with the schedule in section 2.2 even if it is beyond the reasonable control of the Recipient; or, (6) The USDOT determines that termination of this agreement is in the public interest. (b) In terminating this agreement under this section the USDOT may elect to consider only the interests of the TIGER Discretionary Grant program and the USDOT. 7. Pages 10.11, Section 9.1, USDOT Contacts, delete and replace with the following: Except as authorized by the USDOT under section 3.2, the Recipient shall send all notices, reports, and information required by this agreement to all of the following contacts: David J. Villalobos Agreement Officer (AO) Federal Highway Administration Office of Acquisition and Grants Management HCFA-32, Mail Stop E62-310 1200 New Jersey Avenue, S.E. Washington, DC 20590 (202) 366-7430 david.vil lalobos(ivdot. ov O Packet Pg. 271 16.A.1.b 693JJ32040007 Amendment 1 4of7 and Travis Wheeler Agreement Specialist (AS) Federal Highway Administration Office of Acquisition and Grants Management HCFA-32, Mail Stop E62-204 1200 New Jersey Avenue, S.E. Washington, DC 20590 (202) 366-8887 travis.wheelerAdot.gov and Mahmmud Yousef Transportation Engineer FHWA Florida Division Office 400 W. Washington Street, Room 4200 Orlando, FL 32801 (407)867-6433 mahmmud. own dot.aov and FHWA TIGER Program Manager Federal Highway Administration Office of Freight Management and Operations 1200 New Jersey Avenue, SE Room E84-429 Washington, DC 20590 (202)366-1200 FHWA-TIGER.Reports(@dot.gov and OST TIGER Discretionary Grants Coordinator United States Department of Transportation Office of the Secretary 1200 New Jersey Avenue, SE Washington, DC 20590 (202) 366-8914 TIGERGrantsna,dot. p,ov 8. Page 12, Section 11.2, Key Personnel, delete and replace with the following: The Recipient shall provide written notice to the AO no later than 30 days after any change in key personnel identified in this section. The following individuals are key personnel: Name I Title/Position C Packet Pg. 272 16.A.1.b 693JJ32040007 Amendment 1 5 of 7 Lorraine Lantz Principal Planner Michael Tisch Project Mana er 9. Page 14, EXECUTION OF THE USDOT, delete and replace with the following: Executed this day of , 2020. David J. Villalobos Agreement Officer 10. Page 15, EXECUTION BY: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, deleteand replace with the following: By signature below, the Recipient acknowledges that it accepts and agrees to be bound by this agreement. Executed this day of , 2020. Commissioner Penny Taylor, District 4 Collier County Board of County Commissioners — Chair Attest: Crystal K. Kinzel, Clerk of Courts and Comptroller , Deputy Clerk Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney 11. Page 17, ATTACHMENT B, ESTIMATED PROJECT SCHEDULE, delete and replace with the following: Planned Start of Preliminary Engineering: February 1, 2022 Planned End of Preliminary Engineering: November 30, 2022 Actual Completion of NEPA: September 25, 2019 0 0 0 Iq 0 N M M Cn W L 3 Q c d E am L (: a� Q 0 c d E c d E Q Q Packet Pg. 273 16.A.1.b 693JJ32040007 Amendment 1 6of7 Planned Start of Right of Way Acquisition: N/A Planned End of Right of Way Acquisition: N/A Actual RFP Approval: May 12, 2020 Planned Design/Build Contract Award Date: December 14, 2021 Planned Design/Build Start Date: February 1, 2022 Major Project Activity Planned Start Date Planned End Date Survey and Design February 1, 2022 November 30, 2022 Road Reconstruction September 1, 2022 October 31, 2023 Transit Center and Bus Shelters September 1, 2022 February 29, 2024 Landscaping September 1, 2022 October 31, 2023 Street Lighting Installation September 1, 2022 October 31, 2023 Pavement Markings and Si na a September 1, 2022 October 31, 2023 Pedestrian Signal Installation September 1, 2022 October 31, 2023 Construction Engineering and Inspection CEI December 20, 2021 July 31, 2024 Planned Construction Substantial Completion and Open to Traffic Date: February 1, 2024 Period of Performance End Date: August 1, 2024 Planned Project Closeout Date: November 1, 2025 12. Pages 19-20, ATTACHMENT D, PERFORMANCE MEASUREMENT TABLE, delete and replace with the following: Study Area: 20 miles of sidewalk in the Immokalee area, a new transit transfer facility on the County property located at 419 N. 1 st St., Immokalee and bus shelters, drainage and intersection improvements throughout the Immokalee area. The general boundary of the area is from SR29 (Main Street) to Madison Ave. Pre -project Measurement Date: January 1, 2022 Pre -project Report Date: February 11, 2022 Project Outcomes Report Date: February 1, 2028 Table 1: Performance Measurement Table Packet Pg. 274 16.A.1.b 693JJ32040007 Amendment 1 7 of 7 Measure Description and Category of,Measure Measurement Period Reporting Period Quality of Life Baseline Measurement: Route -level data consistent Annual average, accurate as Baseline Measurement: with annual, system wide of the Pre -project Pre -project Report Date reports provided to NTD. Measurement Date Transit Directional boarding and Interim Performance Interim Performance Passenger alighting counts by route Measures: Measures: Counts for all transit stops in the Accurate as of For a period of 3 years, study area for a typical weekday (while school is in February 1, 2025 beginning March 1, 2025 session), Saturday and February 1, 2026 annually Sunday. February 1, 2027 Safety Baseline Measurement: Annual average, accurate as Baseline Measurement: Crash rates will be of the Pre -project Pre -project Report Date measured and reported as Measurement Date Auto Crash crashes per VMT and Interim Performance Rates by identified by the following Measures: Interim Performance Type/Severity severity categories: fatal, Accurate as of Measures: injury, and property- For a period of 3 years, damage -only (PDO) February 1, 2025 beginning March 1, 2025 crashes. February 1, 2026 annually February 1,2027 Except as noted herein, all terms and conditions remain unchanged and in full force and effect. END OF AMENDMENT Packet Pg. 275 16.A.1.g 693JJ32040007 Amendment 2 1 of 7 AMENDMENT TO THE GRANT AGREEMENT 1. AMENDMENT NO.: 2 EFFECTIVE DATE: See No.14 below 2. PROCUREMENT REQUEST NO.: HOFM220013PR 3. AMENDMENT OF AGREEMENT NO.: 693JJ32040007 4. ISSUED BY: Federal Highway Administration Office of Acquisition and Grants Management 1200 New Jersey Avenue, SE HCFA-32, Mail Stop E62-204 Washington, DC 20590 5. NAME AND ADDRESS OF RECIPIENT: Collier County Board of County Commissioners 3299 Tamiami Trail East, Suite 202 Collier, FL 341 12-4902 DUNS: 07699779 TIN:59-60000558 6. ACCOUNTING AND APPROPRIATION DATA (if required): N/A 7. DOLLAR AMOUNT OF AMENDMENT: $0 8. DESCRIPTION OF AMENDMENT: This amendment is issued to: 1) update the period of performance end date on Page 1, Item 6; 2) update the project cost estimate and fund amounts on Page 1, Item 7; 3) update signatory information on Page 1, Item 16; 4) update the schedule with new planned dates on Pages 3-4, Section 2.2; 5) update budget summary with current estimated fund amounts on Page 4, Section 2.3; 6) update the non-federal share fund amounts on Page 4, Section 2.4; 7) update the USDOT Termination Dates on Page 9, Section 8.1; 8) add FHWA approved contractors on Page 12, Section 11.1 9) add major project activity on Page 17, Attachment "A"; 10) update the schedule with new planned dates on Pages 18-19, Attachment "B"; 11) update the project budget with current estimates on Page 20, Attachment "C" and 12) update Performance Measure data collection and reporting dates on Pages 20-21, Attachment "D". The Agreement', ended as follows (refer to page 2): 9. NAM A TITLE OF SIGNER 11. NAME OF AGREEMENT OFFICER Mar I son - County Manager 10. RE IP T 12. FEDERALHIGHWAY - ADMINISTRATION DAVID JAMES Digitally signed byDAVIDJAMES VILLALOBOS VILLALOBOS Date: 2022.01.28 09:02:39 -05'00' (Sign ure of person authorized to sign) (Signature of Agreement Officer) 1-28-2022 13. DATE SIGNED: 1' 24• t z 14. DATE SIGNED: Approved as to form and legality `zv a a o Assistant County OP Attorney I Packet Pg. 276 693JJ32040007 Amendment 2 2 of 7 1. Page 1, Item 6, Period of Performance, delete and replace with the following: Effective Date of Award w October 31, 2024 2. Page 1, Item 7, Total Amount, delete and replace with the following: Federal Share: $13,132,691 Recipient Share: $11,683,162 Total: $24,815,853 3. Page 1, Item 16, RECIPIENT, delete and replace with the following: 16. Signature of Person Authorized to Sign Signature Date Name: Commissioner William L. McDaniel, JR, District 5 Title: Collier County Board of County Commissioners — Chair 4. Pages 3-4, Section 2.2, Summary of Project's Estimated Schedule, delete and replace with the following; (See Attachment B for additional details). Actual Completion ofNEPA: Actual RFP Approval: Planned Design/Build Contract Award Date: Planned Design/Build Start Date: Planned Construction Substantial Completion and Open to Traffic Date: Period of Performance End Date: Planned Project Closeout Date: September 25, 2019 May 12, 2020 April 12, 2022 April 18, 2022 April 30, 2024 October 31, 2024 July 31, 2025 5. Pages 3-4, Section 2.3, Summary of Project's Estimate Budget, delete and replace with the following: ovo Packet Pg. 277 693JJ32040007 Amendment 2 3 of 7 (See Attachment C for additional details), TIGER Grant Funds and Additional Sources of Project Funds: TIGER Discretionary Grant Amount: $13,132,691 Other Federal Funds (if any): $ 0 State Funds (if any): $ 0 Local Funds (if any): $ 11,683,162 Private Funds.(if any): $ 0 Other Funds (if any): _ $. 0 Total Project Cost: $24,815,853 6. Page 4, Section 2.4, Recipient Cost Share Certification, delete and replace with the following: As negotiated, the Recipient hereby certifies that not less than $11,683,162 in non -Federal funds are committed to fund the project. 7. Page 9, Section 8.1, USDOT Termination, delete and replace with the following: (a) The USDOT may terminate this agreement and all of its obligations under this agreement if any of the following occurs: (1) The Recipient fails to obtain or provide any non -TIGER Discretionary Grant contribution or alternatives approved by the USDOT as provided in this agreement and consistent with sections 2.2, 2.3, and 2.4, (2) The Recipient fails to begin the design/build project before ,tune 17, 2022 (3) The Recipient fails to begin expenditure of award fiends by August 18, 2022 (4) The Recipient fails to achieve the Construction Substantial Completion and Open to Traffic Date by July 31, 2024 (5) The Recipient fails to meet the conditions and obligations specified under this agreement, including a material failure to comply with the schedule in section 2.2 even if it is beyond the reasonable control of the Recipient; or, (6) The USDOT determines that termination of this agreement is in the public interest, (b) In terminating this agreement under this section the USDOT may elect to consider only the interests of the TIGER Discretionary Grant program and the USDOT, 8. Page 12, Section 11.1, Subawards and Contracts, delete and replace with the following: (a) The Recipient shall obtain prior written approval from the Agreement Officer (the "AO") for the subaward, transfer, or contracting out of any work under this agreement. Packet Pg. 278 16.A.1.g 693JJ32040007 Amendment 2 4of7 (b) Approval of a subaward or contract under this agreement is contingent upon a fair and reasonable price determination and AO approval of each proposed subrecipient and contractor. (c) The USDOT hereby approves the following subawards and contracts under this agreement: Quality Enterprises USA, Inc. (Design/Build) 9. Page 17, A"ITACHMENTA, STATEMENT OF WORK, delete and replace with the following: The project will construct complete streets improvements in the rural community of Immokalee, in Collier County, Florida, including approximately 20 miles of new sidewalks, a bike boulevard network, a shared -use path, street lighting, bus shelters, a new transit center, landscaping, drainage improvements, and intersection and traffic calming retreats. Major Project Activities Survey and'Desi n Roadway Reconstruction -- complete streets concepts will be used to reconstruct streets and intersections with traffic calming treatments that include drainage improvements, sidewalk/shared-use path installation, and bike boulevard network construction. Transit Center and Bus Shelters — includes the first phase (Phase 1) to construct a new transit center and the installation of bus shelters. Phase 1 will provide an operational transfer facility for buses and an adjacent parking lot, Bus shelters will also be installed at proposed bus stop locations. Landsca in Street Lighting Installation Pavement Markings and Si na e Pedestrian Signal Installation Enhanced Drainage Improvements Construction Engineering and Inspection ICED 10, Page 15, ATTACHMENT B, ESTIMATED PROJECT SCHEDULE, delete and replace with the following: Planned Start of Preliminary Engineering: April 18, 2022 ova Packet Pg. 279 Planned End of Preliminary Engineering; Actual Completion of NEPA: Planned Start of Right of Way Acquisition; Planned End of Right of Way Acquisition; Actual RFP Approval• Planned Design/Build Contract Award Date: Planned Design/Build Start Date: February 28, 2023 September 25, 2019 NIA NIA May 12, 2020 April 12, 2022 April 18, 2022 693JJ32040007 Amendment 2 5 of Major Project Activity Planned Start Date Planned End Date Survey and Design Aril 18, 2022 February 28, 2023 Road Reconstruction December 1, 2022 January 31, 2024 Transit Center and Bus Shelters December 1, 2022 May 31, 2024 Landscaping December 1, 2022 January 31, 2024 Street Lighting,Installation December 1, 2022 January 31, 2024 Pavement Markings and Si na e December 1, 2022 January 31, 2024 Pedestrian Signal Installation December 1, 2022 January 31, 2024 Enhanced Drainage Improvements December 1, 2022 January 31, 2024 Construction Engineering and Inspection CEI March 1, 2022 November 29, 2024 Planned Construction Substantial Completion and Open to Traffic Date; Planned Period of Performance End Date: Planned Project Closeout Date; Apri 130, 2024 October 31, 2024 July 31, 2025 11. Page 20, ATTACHMENT C, ESTIMATED PROJECT BUDGET, delete and replace with the following: Match FY17 Other to Local State Other Activity TIGER Federal Other Funds Funds Funds Project Cost Funds Funds Federal Funds Survey and Design $1,062,522 $2,125,046 $3,187,568 Road $8,948,950 $3,750,389 $12,699,339 Reconstruction ova Packet Pg. 280 693JJ32040007 Amendment 2 6 of 7 Match Activity FY17 TIGER Other Federal to Other Local State Other Project Cost Funds Funds Federal Funds Funds Funds Funds Transit Center and Bus Shelters $1,504,873 $1,504 873 Landscaping $1,060,498 $1,060,498 Street Lighting Installation $0 $759,840 $759,840 Pavement Markings and $228,832 $228,832 Si na e Pedestrian Signal $327,016 $327,016 Installation Construction Engineering and $0 $1,946,573 $1,946,573 Inspection CEl Enhanced Drainage $0 $3,101,314 $3,101,314 Total $13,132,691 $11,683,162 $24,815,853 12. Pages 20-21, ATTACHMENT D, PERFORMANCE MEASUREMENT TABLE, delete and replace with the following: Study Area: 20 miles of sidewalk in the Immokalee area, a new transit transfer facility on the County property located at 419 N. 1 st St., Immokalee and bus shelters, drainage and intersection improvements throughout the Immokalee area. The general boundary of the area is from SR29 (Main Street) to Madison Ave. Pre -project Measurement Date: March 18, 2022 Pre -project Report Date: June 18, 2022 Project Outcomes Report Date: April 30, 2028 Table 1: Performance Measurement Table OVO Packet Pg. 281 693JJ32040007 Amendment 2 7of7 Quality of Life Route -level data Baseline Measurement: consistent with annual, Annual average, accurate Baseline Measurement; system wide reports as of the Pre -project Pre -project Report Date Transit provided to NTD. Measurement Date er Passeng Directional boarding and Interim Performance Interim Performance Counts alighting counts by route Measures: Measures: for all transit stops in the Accurate as of For a period of 3 years, study area for a typical April 30, 2025 beginning June 30, 2025 weekday (while school is April 30, 2026 annually in session), Saturday and Sunday, April 30, 2027 Safety Baseline Measurement: Annual average, accurate Baseline Measurement: Crash rates will be as of the Pre -project pre -project Report Date measured and reported as Measurement Date Auto Crash crashes per VMT and Interim Performance Rates by identified by the Measures: Interim Performance Type/Severity following severity Accurate as of Measures: categories: fatal, injury, For a period of 3 years, and property -damage- April 30, ZD25 beginning June 30, 2025 only (PDO) crashes. April 30, 2026 annually April 30, 2027 Except as noted herein, all terms and conditions remain unchanged and in full force and effect END OF AMENDMENT odd Packet Pg. 282 1. Award No. 693JJ32040007 4. Award To Collier County Board of County Commissioners 3299 Tarniami Trail East, Suite 202 Collier, Florida 34112-4902 DUNS No.: 0769977900000 TIN No.: 59-60000558 6. Period of Performance Effective Date of Award — February 21,2024 8. Type of Agreement Grant 1.0. Procurement Request No. IIOFM200028PR 12. Submit Payment Requests To See Section 11.3, Page I I 1.4. Accounting and Appropriations Data 2. Effective Date 3. CFDA No. See No. 17 Below 20.933 5. Sponsoring Office U.S. Department of Transportation Federal Highway Administration Office of Acquisition & Grants Management 1200 New Jersey Avenue, SE HCFA-32, Mail Drop E62-204 Washington, DC 20590 7. Total Amount Federal Share: $13,132,691 Recipient Share: $ 3,283.173 Total: $16,415,864 9. Authority Consolidated Appropriations Act, 2047 (Pub. L. It 5-3 1, May 5, 2017) .11. Federal Funds Obligated $13,132,691 13. Payment Office See Section 11.3, Page I I 150OC65E50.2017.07OTGO] 500.7001000000.41050.61006600 15. Description of Project "Immokalee Complete Streets — Growing Connections to Create Mobility Opportunities" RECIPIENT FEDERAL HIGHWAY ADMINISTRATION .16. Signature of Person Authorized to Sign 17. Signature of Agreement Officer EX -101.1goeomo-0-1 Signature Name: Commissioner Burt Saunders, District 3 Title: Collier County Board of County Comaiissioners, — Chair ATTEST: CRYSTAL K. KINIZ[H- CLEtil< AOpt Cferkk,� I y A Attest as tO Chair=S signatute onlY. Digitally signed by SARAH SARAH BERMANBERMAN Date: 2020.08.03 14:34:08 -04'00' Signature Date Name: Sarah Berman Title: Agreement Officer I Packet Pg. 283 E 16.A.1. h UNITED STATES OF AMERICA U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION WASHINGTON, DC 20590 GRANT AGREEMENT UNDER THE CONSOLIDATED APPROPRIATIONS ACT, 2017 (PUB. L. 115-31, MAY 5, 2017) FOR THE NATIONAL INFRASTRUCTURE INVESTMENTS DISCRETIONARY GRANT PROGRAM (FY 2017 TIGER DISCRETIONARY GRANTS) COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA IMMOKALEE COMPLETE STREETS — GROWING CONNECTIONS TO CREATE MOBILITY OPPORTUNITIES FHWA FY 2017 TIGER Grant No. 28 This agreement is between the United States Department of Transportation (the "USDOT") and the Collier County Board of County Commissioners, Collier County, Florida (the "Recipient"). It reflects the selection of the Recipient for an award under the provisions of the Consolidated Appropriations Act, 2017 (Pub. L. 115-31, May 5, 2017), regarding National Infrastructure Investments, as described in the Notice of Funding Opportunity for the Department of Transportation's National Infrastructure Investments Under the Consolidated Appropriations Act, 2017, 82 FR 42426 (September 7, 2017) (the "NOFO"). In this agreement, "FY 2017 TIGER Discretionary Grant" means an award under those provisions. ARTICLE 1. AWARD TERMS AND CONDITIONS 1.1 Operating Administration. The Federal Highway Administration (the "FHWA") will administer this agreement on behalf of the USDOT. In this agreement, the "Administering Operating Administration" means the FHWA. 1.2 Purpose. The purpose of this award is to advance capital investments in surface transportation infrastructure that will have a significant impact on the nation, a metropolitan area, or a region. The parties will accomplish that purpose by achieving the following objectives: (1) timely completing the project that was described in the Recipient's technical application, titled "Immokalee Complete Streets — Growing Connections to Create Mobility Opportunities", as modified by the negotiated provisions on the project's material terms and conditions, including sections 2.1, 2.2, and 2.3 and the attachments referenced in section 1.8; and 80 Packet Pg. 284 16.A.1. h (2) ensuring that this award does not substitute for non -Federal investment in that project. 1.3 Federal Award Amount. The USDOT hereby awards a FY 2017 TIGER Discretionary Grant in the amount of $13,132,691 for the period of performance. The USDOT shall not provide funding greater than this amount under this agreement. The Recipient acknowledges that USDOT is not liable for payments that exceed this amount. 1.4 Period of Performance.. The period of performance for this award begins on the date of this agreement and ends on the period of performance end date that is listed in section 2.2. Under 2 C.F.R. 200.309, the Recipient shall not charge to this award costs that are incurred after the period of performance. 1.5 Urban or Rural Designation. Based on information that the Recipient provided to the USDOT, including the technical application, the USDOT hereby designates the project to be a project in a rural area, as defined in the NOFO. The Recipient shall comply with the requirements that accompany that designation on minimum award size, geographic location, and cost sharing. 1.6 Fund Obligation. This agreement obligates the total amount of funds stated in section 1.3. 1.7 Federal Award Identification Number. See Page 1, Line 1 for the Federal Award Identification Number. 1.8 Attachments. This agreement includes the following attachments as integral parts: Attachment A Statement of Work Attachment B Estimated Project Schedule Attachment C Estimated Project Budget Attachment D Performance Measurement Table ARTICLE 2. PROJECT AND RECIPIENT INFORMATION 2.1 Summary of Project's Statement of Work. (See Attachment A for additional details). The project will construct complete streets improvements in Immokalee, Florida, including approximately 20 miles of new sidewalks, a bike boulevard network, a shared -use path, street lighting, bus shelters, a new transit center, landscaping, drainage improvements, and intersection and traffic calming retreats. 2.2 Summary of Project's Estimated Schedule. (See Attachment B for additional details). Actual Completion of NEPA: September 25, 2019 Planned RFP Approval: May 1, 2020 Packet Pg. 285 16.A.1. h 2.3 2.4 2.5 2.6 Planned Design/Build Contract Award Date_ April 23, 2021 Planned Design/Build Start Date: April 23, 2021 Planned Construction Substantial Completion and Open to Traffic Date: August 21, 2023 Planned Period of Performance End Date: February 21, 2024 Planned Project Closeout Date: May 21, 2025 Summary of Project's Estimated Budget. (See Attachment C for additional details). TIGER Grant Funds and Additional Sources of Project Funds: TIGER Discretionary Grant Amount: $13,132,691 Other Federal Funds (if any): $ 0 State Funds (if any): $ 0 Local Funds (if any): $ 3,283,173 Private Funds (if any): $ 0 Other Funds (if and_ $ 0 Total Project Cost: $16,415,864 Recipient Cost Share Certification. As negotiated, the Recipient hereby certifies that not less than $3,283,173 in non -Federal funds are committed to fund the project. Project's State and Local Planning Requirements. On June 14, 2019, the Collier Metropolitan Planning Organization (MPO) approved a Transportation Improvement Program Amendment to the FY 2019-FY2023 TIP for FPN #4455811 — the Immokalee Complete Streets Project. The Project is included in the Florida Department of Transportation (FDOT) State Transportation Improvement Program on September 17, 2019. Project's Environmental Approvals and Processes. Environmental Documentation Type, Titles and Date: Complete Streets Project: Type 1 Categorical Exclusion (CE) per 23 C.F.R. 771.117 (c)(3) approved on September 25, 2019. Transit Center Improvements: CE approved by Federal Transit Administration (FTA) on November 27, 2017. Environmental Decision Type and Date: Complete Streets Project: Type I CE per 23 C.F.R. 771.117 (c)(3) approved on September 25, 2019. Packet Pg. 286 16.A.1. h Transit Center Improvements: CE approved by FTA on November 27, 2017. Name of Agency and Office Approving each Environmental Decision Document: Florida Department of Transportation and Federal Transit Administration 2.7 Recipient's and any Subrecipient's Unique Entity Identifiers. Dun and Bradstreet Data Universal Numbering System No. (the "DUNS No.") of the Recipient: 0769977900000 Name of any First -Tier Subrecipients (if applicable — to be reported if/when identified. If not applicable please note is N/A): N/A DUNS No. of First -Tier Subrecipient (if applicable — to be reported if/when identified): N/A 2.8 Recipient Contacts. Lorraine Lantz Principal Planner Collier County Capital Projects, Planning, Impact Fees & Program Management 2685 S. Horseshoe Dr., Suite 103, Naples, FL 34104 239-252-5779 I orraine.LantzOCollierCountyFL.gov and Bee Thao, PE Senior Project Manager Collier County, Growth Management Division 2885 South Horseshoe Drive, Naples, FL 34104 239-252-5844 Bee."IliaoLi)CollierCountyFL. ,ov ARTICLE 3. GENERAL REPORTING TERMS 3.1 Report Submission. The Recipient shall send all reports required by this agreement to all of the USDOT contacts who are listed in Section 9.1. 3.2 Alternative Reporting Methods. The Administering Operating Administration may establish processes for the Recipient to submit reports required by this agreement, including electronic submission processes. If the Recipient is notified of those processes in writing, the Recipient shall use the processes required by the Administering Operating Administration. 3.3 Reporting as History of Performance. Under 2 C.F.R 200.205, any Federal awarding agency may consider the Recipient's timely submission of the reports that this agreement Packet Pg. 287 16.A.1. h requires, or the Recipient's failure to timely submit those reports, when evaluating the risks of making a future Federal financial assistance award to the Recipient. 3.4 Paperwork Reduction Act Notice. Under 5 C.F.R. 1320.6, the Recipient is not required to respond to a collection of information that does not display a currently valid control number issued by the Office of Management and Budget (the "OMB"). Collections of information conducted under this agreement are approved under OMB Control No. 2105- 0563. ARTICLE 4. PROGRESS REPORTING 4.1 Quarterly Project Progress Reports and Recertifications. On or before the 20th day of the first month of each calendar year quarter and until Project Closeout, the Recipient shall submit to the USDOT a Quarterly Project Progress Report and Recertification with the form and content described in Exhibit H. If the date of this agreement is in the final month of a calendar year quarter, then the Recipient shall submit the first Quarterly Project Progress Report and Recertification in the second calendar year quarter that begins after the date of this agreement. 4.2 Closeout Information. No later than 90 days after the period of performance end date that is listed in section 2.2, the Recipient shall: (1) submit a final Federal Financial Report (SF-425), a certification or summary of project expenses, and any other information required under the Administering Operating Administration's closeout procedures; and (2) provide a report comparing the final work, schedule, and budget to the statement of work described in section 2. 1, the schedule described in section 2.2, and the budget described in section 2.3. 4.3 Project Closeout. In this agreement, "Project Closeout" means the date that the USDOT notifies the Recipient that the project is closed out. Under 2 C.F.R. 200.343, Project Closeout should occur no later than one year after the Recipient liquidates all obligations under this award and submits the reports identified in section 4.2. ARTICLE 5. PERFORMANCE REPORTING 5.1 Performance Measure Data Collection. The Recipient shall collect the data necessary to report on each performance measure that is identified in the Performance Measurement Table in Attachment D. 5.2 Pre -project Performance Measurement Report. The Recipient shall submit to the USDOT, on or before the Pre -project Report Date that is stated in Attachment D, a Pre - project Performance Measurement Report that contains: (1) baseline data for each performance measure that is identified in the Performance Measurement Table in Attachment D, accurate as of the Pre -project Measurement Date that is stated in Attachment D; and Packet Pg. 288 16.A.1. h (2) a detailed description of the data sources, assumptions, variability, and estimated levels of precision for each measure. 5.3 Interim Performance Measurement Reports. After project completion, the Recipient shall submit to the USDOT on or before each of the periodic reporting dates specified in the Performance Measurement Table in Attachment D, an Interim Performance Measurement Report containing data for each performance measure that is identified in that table, accurate as of the final date of the measurement period specified in that table. 5.4 Project Outcomes Report. The Recipient shall submit to the USDOT, on or before the Project Outcomes Report Date that is stated in Attachment D, a Project Outcomes Report that contains: (t) a narrative discussion detailing project successes and the influence of external factors on project expectations; (2) all baseline and interim performance measurement data that the Recipient reported in the Pre -project Performance Measurement Report and the Interim Performance Measurement Reports; and (3) an ex post examination of project effectiveness relative to the baseline data that the Recipient reported in the Pre -project Performance Measurement Report. ARTICLE 6. AGREEMENT MODIFICATIONS 6.1 Bilateral Modifications. The parties may amend, modify, or supplement this agreement by mutual agreement in writing signed by the USDOT and the Recipient. Either party may request to amend, modify, or supplement this agreement by written notice to the other party. 6.2 Limited Unilateral Modifications. (a) The Recipient may update the contacts who are listed in section 2.8 by written notice to all of the USDOT contacts who are listed in section 9.1. (b) The USDOT may update the contacts who are listed in section 9.1 by written notice to all of the Recipient contacts who are listed in section 2.8. 6.3 Other Modifications. The parties shall not amend, modify, or supplement this agreement except as permitted under section 6.1 or section 6.2. If an amendment, modification, or supplement is not permitted under section 6.1 and not permitted under section 6.2, it is void. ARTICLE 7. STATEMENT OF WORK, SCHEDULE, AND BUDGET CHANGES 7.1 Statement of Work Changes. If the project's activities differ from the statement of work that is described in section 2.1 and Attachment A, then the Recipient shall request a modification of this agreement to update section 2.1 and Attachment A. Packet Pg. 289 16.A.1. h 7.2 Schedule Changes. If the project's substantial completion date changes to a date that is more than three months after the substantial completion date listed in section 2.2 or a schedule change would require the period of performance to continue after the period of performance end date listed in section 2.2, then the Recipient shall request a modification of this agreement to update section 2.2 and Attachment B. For other schedule changes, the Recipient shall request a modification of this agreement to update section 2.2 and Attachment B unless the USDOT has consented, in writing consistent with the Administering Operating Administration's requirements, to the change. 7.3 Budget Changes. (a) If any of the budget amounts that are listed in section 2.3 change from the amounts listed in that section, then the Recipient shall request a modification of this agreement to update section 2.3 and Attachment C. For other budget changes, the Recipient shall request a modification of this agreement to update Attachment C unless the USDOT has consented, in writing consistent with the Administering Operating Administration's requirements, to the change. (b) If the actual eligible project costs are less than the "Total Project Cost" that is listed in section 2.3, then the Recipient may propose to the USDOT, in writing consistent with the Administering Operating Administration's requirements, specific additional activities that are within the scope of this award, as defined in sections 1.2 and 2.1, and that the Recipient could complete with the difference between the "Total Project Cost" that is listed in section 2.3 and the actual eligible project costs. (c) If the actual eligible project costs are less than the "Total Project Cost" that is listed in section 2.3 and either the Recipient does not make a proposal under section 7.3(b) or the USDOT does not accept the Recipient's proposal under section 7.3(b), then: (1) in a request under section 7.3(a), the Recipient shall reduce the Federal Share by the difference between the "Total Project Cost" that is listed in section 2.3 and the actual eligible project costs; and (2) if that modification reduces this award and the USDOT had reimbursed costs exceeding the revised award, the Recipient shall refund to the USDOT the difference between the reimbursed costs and the revised award. In this agreement, "Federal Share" means the sum of the "TIGER Discretionary Grant Amount" and the "Other Federal Funds (if any)" amounts that are listed in section 2.3. (d) The Recipient acknowledges that amounts that are required to be refunded under section 7.3(c)(2) constitute a debt to the Federal Government that the USDOT may collect under 2 C.P.R. 200.345 and the Federal Claims Collection Standards (31 C.F.R. parts 900-999). 7.4 USDOT Acceptance of Changes. The USDOT may accept or reject modifications requested under this article 7, and in doing so may elect to consider only the interests of the TIGER Discretionary Grant program and the USDOT. The Recipient acknowledges that requesting a modification under this article 7 does not amend, modify, or supplement Packet Pgg 290 16.A.1. h this agreement unless the USDOT accepts that modification request and the parties modify this agreement under section 6.1. ARTICLE 8. TERMINATION AND EXPIRATION 8.1 USDOT Termination. (a) The USDOT may terminate this agreement and all of its obligations under this agreement if any of the following occurs: (1) The Recipient fails to obtain or provide any non -TIGER Discretionary Grant contribution or alternatives approved by the USDOT as provided in this agreement and consistent with sections 2.2, 2.3, and 2.4; (2) The Recipient fails to begin the design/build project before June 23, 2021; (3) The Recipient fails to begin expenditure of award funds by August 4, 2021; (4) The Recipient fails to achieve the Construction Substantial Completion and Open to Traffic Date by November 21, 2023; (5) The Recipient fails to meet the conditions and obligations specified under this agreement, including a material failure to comply with the schedule in section 2.2 even if it is beyond the reasonable control of the Recipient; or, (6) The USDOT determines that termination of this agreement is in the public interest. (b) In terminating this agreement under this section the USDOT may elect to consider only the interests of the TIGER Discretionary Grant program and the USDOT. 8.2 Closeout Termination. This agreement terminates on Project Closeout. 8.3 Fund Liquidation, Adjustment, and Cancellation. (a) The Recipient shall liquidate all obligations under this award not later than 90 days after the period of performance end date that is listed in section 2.2. The Recipient acknowledges that this period of availability for liquidation ends before the statutory expenditure deadline identified in section 8.3(c). (b) Liquidation and adjustment of funds under this agreement follow the requirements of 2 C.F.R. 200.343—.345. (c) Outstanding FY 2017 TIGER Discretionary Grant balances are canceled by statute after September 30, 2025, and are then unavailable for any purpose, including adjustments and expenditures. 8.4 Reporting Survival. The reporting requirements set forth in articles 4 and 5 of this agreement survive the termination of this agreement and the expiration of award funds. Packet Pg. 291 16.A.1. h ARTICLE 9. USDOT CONTACTS 9.1 USDOT Contacts. Except as authorized by the USDOT under section 3.2, the Recipient shall send all notices, reports, and information required by this agreement to all of the following contacts: Stephanie D. Curtis Agreement Officer (AO) Federal Highway Administration Office of Acquisition and Grants Management HCFA-32, Mail Stop E62-204 1200 New Jersey Avenue, S.E. Washington, DC 20590 (202) 366-6014 stephanie.curtis(@dot.gov and Travis Wheeler Agreement Specialist (AS) Federal Highway Administration Office of Acquisition and Grants Management HCFA-32, Mail Stop E62-204 1200 New Jersey Avenue, S.E. Washington, DC 20590 (202) 366-8887 travis.wheelerAdot.gov and Mahmmud Yousef Transportation Engineer FHWA Florida Division Office 400 W. Washington Street, Room 4200 Orlando, FL 32801 (407) 867-6433 mahmmud.yousefndot.goy and FHWA TIGER Program Manager Federal Highway Administration Office of Freight Management and Operations 1200 New Jersey Avenue, SE Room E84-429 Washington, DC 20590 (202) 366-1200 Packet Pg. 292 16.A.1. h FH W A-TIGER.Reports(c�dot.gov and OST TIGER Discretionary Grants Coordinator United States Department of Transportation Office o f, the Secretary 1200 New .lersey Avenue, SE Washington, DC 20590 (202) 366-8914 TIGERGrants(a�dot.g_ov ARTICLE 10. ADDITIONAL TERMS AND CONDITIONS 10.1 Catalog of Federal Domestic Assistance Information. This award is under the program titled "National Infrastructure Investments," with number 20.933 in the Catalog of Federal Domestic Assistance. 10.2 Research and Development Designation. This award is not for research and development. 10.3 Exhibits. This agreement includes the following exhibits as integral parts located at: https:Hops fliwa dot off; v/t'reight/infrastructure/tiger/ty 17 tiger9 exllbt/fY 17 tiger9 exhbt. pdf Exhibit A Legislative Authority Exhibit B General Terms and Conditions Exhibit C Applicable Federal Laws and Regulations Exhibit D Grant Assurances Exhibit E Responsibility and Authority of the Recipient Exhibit F Reimbursement of Project Costs Exhibit G Grant Requirements and Contract Clauses Exhibit H Quarterly Progress Reports: Format and Content 10.4 Construction. If a provision in the exhibits or the attachments conflicts with a provision in Articles 1 — 12, then the provision in Articles 1 — 12 prevails. If a provision in the attachments conflicts with a provision in the exhibits, then the provision in the attachments prevails. ARTICLE 11. SPECIAL GRANT REQUIREMENTS 11.1 Subawards and Contracts. (a) The Recipient shall obtain prior written approval from the Agreement Officer (the "AO") for the subaward, transfer, or contracting out of any work under this agreement. Packet Pg. 293 16.A.1. h (b) Approval of a subaward or contract under this agreement is contingent upon a fair and reasonable price determination and AO approval of each proposed subrecipient and contractor. (c) The USDOT hereby approves the following subawards and contracts under this agreement: No subawards or contracts have been approved. 11.2 Key Personnel. The Recipient shall provide written notice to the AO no later than 30 days after any change in key personnel identified in this section. The following individuals are key personnel: Name Title/Position Lorraine Lantz Principal Planner Bee Thao Sr. Project Manager 11.3 Reimbursement Requests. (a) The Recipient may request reimbursement of costs incurred in the performance of this agreement if those costs do not exceed the funds available under section 1.6 and are allowable under the applicable cost provisions of 2 C.F.R. Part 200, Subpart E. The Recipient shall not request reimbursement more frequently than monthly. (b) The Recipient shall use the DELPHI eInvoicing System to submit requests for reimbursement to the payment office. When requesting reimbursement of costs incurred or credit for cost share incurred, the Recipient shall electronically submit supporting cost detail with the SF 271 (Outlay Report and Request for Reimbursement for Construction Programs) to clearly document all costs incurred. (c) The Recipient's supporting cost detail shall include a detailed breakout of all costs incurred, including direct labor, indirect costs, other direct costs, travel, etc., and the Recipient shall identify the Federal share and the Recipient's share of costs. If the Recipient does not provide sufficient detail in a request for reimbursement, the AO may withhold processing that request until the Recipient provides sufficient detail. (d) The USDOT shall not reimburse costs unless the Agreement Officer's Representative (the "AOR") reviews and approves the costs to ensure that progress on this agreement is sufficient to substantiate payment. (e) The USDOT may waive the requirement in section 11.3(b) that the Recipient use the DELPHI eInvoicing System. The Recipient may obtain waiver request forms on the DELPHI eInvoicing website (http•//www.dot.gov/cfo/delphi-eInvoicing-system.htm]) or by contacting the AO. A Recipient who seeks a waiver shall explain why they are Packet Pg. 294 16.A.1. h unable to use or access the Internet to register and enter payment requests and send a waiver request to Director of the Office of Financial Management US Department of Transportation, Office of Financial Management B-30, Room W93-431 1200 New Jersey Avenue SE Washington DC 20590-0001 or DO'I'Clectroniclnvoicingndot.gov If the USDOT grants the Recipient a waiver, the Recipient shall submit SF 271 s directly to: DOT/FAA P.O. Box 268865 Oklahoma City, OK 73125-8865 Attn: Travis Wheeler (f) The requirements set forth in these terms and conditions supersede previous financial invoicing requirements for Recipients. 11.4 Final Section. There are no other special grant requirements for this project. ARTICLE 12. EXECUTION 12.1 Counterparts. This agreement may be executed in counterparts, which constitute one document. The parties shall execute this agreement in triplicate and intend each countersigned original to have identical legal effect. 12.2 Effective Date. This agreement is effective when fully executed by authorized representatives of the Recipient and the USDOT. The Recipient shall execute this agreement and then submit three original signed copies of the agreement to the USDOT for execution. This instrument constitutes a FY 2017 TIGER Discretionary Grant when it is signed and dated by the authorized official of the USDOT. Packet Pg. 295 EXECUTION BY THE USDOT Executed this day of .2020. Digitally signed by SARAH BERMAN SARAH BERMANDate: 2020.08.03 15:05:14 04'00' Sarah Berman Agreement Officer 0 U- as C', as E X w LU CD FPacket Pg. 296 16.A.1. h EXECUTION BY: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By signature below, the Recipient acknowledges that it accepts and agrees to be bound by this agreement. Executed this19* day of , 2020. A C�Ao,,,,"-. Commissioner Burt Saunders, District 3 Collier County Board of County Commissioners — Chair Attest: Approved as to form and legality: Crystal K. Kinzel, Clerk of Courts and Comptroller Scott R. each, r Deputy County Attorney By: Attest as to Chairman's i e u signature ^�''•u. Packet Pg. 297 16.A.1. h ATTACHMENT A STATEMENT OF WORK The project will construct complete streets improvements in the rural community of immokalee, in Collier County, Florida, including approximately 20 miles of new sidewalks, a bike boulevard network, a shared -use path, street lighting, bus shelters, a new transit center, landscaping, drainage improvements, and intersection and traffic calming retreats. Major Project Activities Survey and Design Roadway Reconstruction — complete streets concepts will be used to reconstruct streets and intersections with traffic calming treatments that include drainage improvements, sidewalk/shared- use path installation, and bike boulevard network construction. Transit Center and Bus Shelters — includes the first phase (Phase 1) to construct a new transit center and the installation of bus shelters. Phase I will provide an operational transfer facility for buses and an adjacent parking lot. Bus shelters will also be installed at proposed bus stop locations. Landscaping Street Lighting Installation Pavement Markings and Signage Pedestrian Signal Installation Construction Engineering and Inspection (CEI) Packet Pg. 298 16.A.1. h ATTACHMENT B ESTIMATED PROJECT SCHEDULE Actual Start of Preliminary Engineering: April 23, 2021 Actual End of Preliminary Engineering: November 8, 2021 Actual Completion of NEPA: September 25, 2019 Planned Start of Right of Way Acquisition: N/A Planned End of Right of Way Acquisition: N/A Planned RFP Approval: May 1, 2020 Planned Design/Build Contract Award Date: April 23, 2021 Plann, A Tlacivn/Rnilri gtart TlatP• Anril 21_ 2021 Major Project Activity Planned Start Date Planned End Date Survey and Design Aril 23, 2021 July 29, 2022 Road Reconstruction March 21 2022 May 29, 2023 Transit Center and Bus Shelters March 21, 2022 October 23 2023 Landscaping March 21, 2022 May 29 2023 Street Lighting Installation March 21, 2022 May 29, 2023 Pavement Markings and Si na a March 21, 2022 May 29, 2023 Pedestrian Signal Installation March 21 2022 1 May 29 2023 Construction Engineering and Ins ection CEI March 21, 2022 November 23, 2023 Planned Construction Substantial Completion and Open to Traffic Date: Planned Period of Performance End Date: Planned Project Closeout Date: August 21, 2023 February 21, 2024 May 21, 2025 Packet Pg. 299 16.A.1. h ATTACHMENT C ESTIMATED PROJECT BUDGET Match FY17 Other to Local State Other Activity TIGER Federal Other Funds Funds Funds Project Cost Funds Funds Federal Funds Survey and Design $1,393,173 $1,393,173 Road $7,343,748 $7,343,748 Reconstruction Transit Center and $1,233,015 $1,233,015 Bus Shelters Landscaping $688,463 $688,463 Street Lighting $1,384,933 $1,384,933 Installation Pavement Markings and $48,958 $48,958 Si na e Pedestrian Signal $244,793 $244,793 Installation Construction Engineering and $1,890,000 $1,890,000 Inspection CEI Contingency 1 $2,188,781 $2,188,781 Total 1 $13,132,691 $3,283,173 $16,415,864 CU p a a a �a a_ d r a� Q N r c a� E c a� Q x_ w w M r N v M r N U U O m 0 N I M 00 I C E d d L NQN L,Un V r V K W LL d E c,> a Packet Pg. 300 16.A.1. h ATTACHMENT D PERFORMANCE MEASUREMENT TABLE Study Area: 20 miles of sidewalk in the Immokalee area, a new transit transfer facility on the County property located at 419 N. 1 st St., Immokalee and bus shelters, drainage and intersection improvements throughout the Immokalee area. The general boundary of the area is from SR29 (Main Street) to Madison Ave. Pre -project Measurement Date: March 23, 2021 Prc-project Report Date: June 23, 2021 Project Outcomes Report Date: August 21, 2027 Table 1: Performance Measurement Table Measure Description and Category of Measure Measurement Period Reporting Period Quality of Life Baseline Measurement: Route -level data Baseline Measurement: consistent with annual, Annual average, accurate as of the Pre -project Pre -project Report Date system wide reports Measurement Date Transit provided to NTD. Passer er g Directional boarding and Interim Per Interim Performance Counts alighting counts by route Measures: Measures: for all transit stops in the Accurate as of For a period of 3 years, study area for a typical August 21, 2024 beginning October 21, weekday (while school is August 21, ,2025 2024 annually in session), Saturday and Sunday. August 21, 2026 Baseline Measurement: Baseline Measurement: Safety Annual average, accurate Pre -project Report Date Auto Crash Crash rates will be as of the Pre -project Rates by measured and reported as Measurement Date Interim Performance Type/Severity crashes per VMT and p Interim Performance Measures: identified by the Measures: following severity Accurate as of For a period of 3 years, beginning October injury, categories: fatal, injury, August 21, 2024 2024 annual) i Packet Pg. 301 16.A.1. h Measure i Descripton and Category Measure Measurement Period Reporting Period and property -damage- August 21, 2025 only (PDO) crashes. August 21, 2026 CU 0 a a a r �a a� r L Q N r C d E C d E Q X w W u M r r N H M r N U U O m 0 N I M CO I C 0 E d d L NQ W 0 r V K W LL d E c,> a c� Packet Pg. 302 16.A.1. i Transportation Stormwater Federal Total (Transfer from 310) (Transfer from 327) Survey & Design $ 1,062,522 $ 1,062,523 $ 1,062,523 $ 3,187,568 Road $ 8,948,950 $ 20,989 $ 3,729,400 $ 12,699,339 Reconstruction Transit Center & $ 1,504,873 $ - $ - $ 1,504,873 Bus Shelters Landscaping $ 1,060,498 $ - $ 1,060,498 Street Lighting $ - $ 759,840 $ - $ 759,840 Installation Pavement $ 228,832 $ - $ - $ 228,832 Marking & Signage Pedestrian Signal $ 327,016 $ - $ - $ 327,016 Installation Construction Engineering & $ - $ 1,304,204 $ 642,369 $ 1,946,573 Inspection Enhanced $ - $ - $ 3,101,314 $ 3,101,314 Drainage TOTAL $ 13,132,691 $ 3,147,556 $ 8,535,606 $ 24,815,853 0 a a Q �a w a� r L Q N r C E c a� E Q x w w i= a Packet Pg. 303