Agenda 11/08/2022 Item #11G (Resolution - A Locally Funded Agreement (LFA) w/FDOT for a lump sum deposit supporting the CEI on Corkscrew Rd Project #60233)11 /08/2022
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign a Locally Funded Agreement (LFA) with
the Florida Department of Transportation (FDOT) to provide a lump sum deposit in the amount of
$105,547.32 to support the Construction Engineering Inspection (CEI) of the roadway safety improvement
on Corkscrew Road at Wildcat Drive - Project 60233 which is an FDOT Local Agency Program (LAP)
project.
OBJECTIVE: The Board of County Commissioners (Board) approves an LFA Agreement to reimburse the FDOT
for additional funding not covered by grant funds to perform CEI services for Project 60233, `Corkscrew Road at
Wildcat Drive'.
CONSIDERATION: The County is utilizing the FDOT continuing services contract for the CEI of this project.
The final amount of $175,547.32 for the CEI services is the result of negotiations with the Consultant. FDOT has
provided for $70,000 in their adopted work program toward the CEI. FDOT informed the county that additional
funds in the amount of $105,547.32 would need to be added to the project through an LFA. The FDOT is providing
the CEI services via Federal Project Identification (FPID) 446323-3-62-1 for the CEI phase.
Collier County has received funding ($703,613) through the FDOT Work Program for the construction of the
proposed roadway improvement project `Corkscrew Road at Wildcat Drive'. The construction project was recently
bid, and staff is recommending awarding the project for the low bid of $2,103,968.10 (see related item under 11 in
this agenda). This is a safety improvement project to reconstruct the 90-degree curve on Corkscrew Road in the
northwestern part of the County.
FISCAL IMPACT: This LFA Agreement between FDOT and Collier County requires the Board to provide
$105,547.32 to FDOT for CEI services. Budget amendments in the amount of $105,547.32 are necessary to
reallocate funding within Gas Tax Road Construction Fund (313) and Growth Management Transportation Capital
Fund (310). The allocation between the funds are shown below:
Funding Source
Amount
Road Construction Gas Tax Fund (313)
$94,212.65
Growth Management Trans Capital Fund (310)
$11,334.67
Total
$105,547.32
The completed project can be expected to have the following operational and maintenance impacts: minimal to no
maintenance costs are expected to be incurred within the first 5 to 7 years of service for the re -constructed roadway
curve and will be absorbed into the regular maintenance schedule thereafter, and the new stormwater features will
require minimal maintenance and will be incorporated into the regular maintenance schedule resulting in minimal
cost impact.
GROWTH MANAGEMENT IMPACT: This project is consistent with the County's Growth Management Plan
and the MPO's Long -Range Transportation Plan.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and
legality and requires majority vote for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners (BCC) approves and authorizes the Chairman
to sign the attached Locally Funded Agreement with the Florida Department of Transportation (FDOT) to furnish
CEI services necessary to provide observation/inspection of roadway construction of Corkscrew Road north from
south of Wildcat Drive to east of Wildcat Drive; execute a Resolution memorializing the Board's action; and
authorize the necessary budget amendment.
Prepared By: Michael Tisch, Project Manager; Transportation Engineering
ATTACHMENT(S)
1. Locally Funded Agreement FM#446323-3-62-01 (PDF)
2. Resolution - FDOT agreement Corkscrew Rd curve - JAK signed (PDF)
Packet Pg. 221
11.G
11/08/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: I LG
Doc ID: 23743
Item Summary: Recommendation to approve and authorize the Chairman to sign a Locally Funded Agreement
(LFA) with the Florida Department of Transportation (FDOT) to provide a lump sum deposit in the amount of
$105,547.32 to support the Construction Engineering Inspection (CEI) of the roadway safety improvement on
Corkscrew Road at Wildcat Drive - Project 60233 which is an FDOT Local Agency Program (LAP) project. (Jay
Ahmad, Director Transportation Engineering) (Companion Item to I IF)
Meeting Date: 11/08/2022
Prepared by:
Title: — Transportation Engineering
Name: Michael Tisch
10/27/2022 3:20 PM
Submitted by:
Title: Division Director - Transportation Eng — Transportation Engineering
Name: Jay Ahmad
10/27/2022 3:20 PM
Approved By:
Review:
Capital Project Planning, Impact Fees, and Program Management Gloria Herrera
Transportation Engineering Mark McCleary Additional Reviewer
Growth Management Operations Support Brandy Otero
Growth Management Operations Support Tara Castillo
Growth Management Department
Transportation Engineering
Growth Management Department
Growth Management Department
Grants
Office of Management and Budget
Grants
County Attorney's Office
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Gene Shue
Additional Reviewer
Jay Ahmad
Additional Reviewer
Jeanne Marcella
Growth Management Department
Trinity Scott
Transportation
Erica Robinson
Level 2 Grants Review
Debra Windsor
Level 3 OMB Gatekeeper Review
Therese Stanley
Additional Reviewer
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Christopher Johnson
Additional Reviewer
Amy Patterson
Level 4 County Manager Review
Geoffrey Willig
Meeting Pending
Additional Reviewer Completed
10/27/2022 3:40 PM
Completed 10/27/2022 3:54 PM
Additional Reviewer Completed
10/27/2022 4:10 PM
Additional Reviewer Completed
10/27/2022 4:28 PM
Completed 10/27/2022 4:33 PM
Completed 10/28/2022 7:19 AM
Completed 10/28/2022 8:27 AM
Completed 10/31/2022 11:35 AM
Completed 10/31/2022 11:49 AM
Completed 10/31/2022 11:54 AM
Completed 10/31/2022 2:20 PM
Completed 10/31/2022 2:57 PM
Completed 11/01/2022 8:58 AM
Completed 11/02/2022 11:23 AM
11/08/2022 9:00 AM
Packet Pg. 222
DocuSign Envelope ID: F7FD51FC-850A-401C-87DE-E5F5748F1946
11.G.3
FM #: 446323-3-62-01
LFA: COLLIER
Pagel of 3
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, a political
subdivision of the State of Florida, (hereinafter, "AGENCY") for the AGENCY to provide a lump
sum deposit to the DEPARTMENT for the CEI services; Resurfacing/Widening existing lanes
from Corkscrew Rd North from S of Wildcat Dr. to E Wildcat Dr.
WITNESSETH
A. WHEREAS, the DEPARTMENT has included the work listed below in its Five -Year Work
Program in Fiscal Year 2022/2023; and
B. WHEREAS, the AGENCY has agreed to contribute monies to the DEPARTMENT for:
To provide CEI service for Resurfacing/Widening existing lanes from Corkscrew Rd
North from S of Wildcat Dr. to E Wildcat Dr.
WHEREAS the DEPARTMENT and AGENCY desire to enter into this Locally Funded
Agreement to set forth the terms and conditions upon which AGENCY shall provide funding
(See Exhibit "B", Estimated Schedule of Funding, attached and incorporated by reference)
for the PROJECT; and
C. WHEREAS, the AGENCY, by Resolution dated the day of , 20 ,
a copy of which is attached hereto and made a part hereof as Exhibit A has authorized the City
Manager or Designee to enter into this Agreement.
NOW THEREFORE, in consideration of the mutual benefits to be derived from joint
participation in this Agreement, the parties agree as follows:
1. The foregoing recitals are true and correct and are hereby adopted incorporated into and made
a part of this Agreement by reference, as if fully set forth herein.
2. The AGENCY agrees that it will, at least fourteen (14) calendar days after the execution of
this agreement, furnish the DEPARTMENT with a lump sum non-refundable deposit in the
amount of One Hundred Five Thousand Five Hundred Forty Seven One Dollars and
thirty-two cents (105,547.32) to be used for the project cost for locally funded project
number #446323-3-62-01. The Department will utilize this deposit for payment of the costs
of the PROJECT.
3. As the deposit is non-refundable, the DEPARTMENT will not refund any monies in the
event the project costs less than the deposit. In the event the project costs more than the
deposited amount, the DEPARTMENT agrees to pay the difference.
4. All deposits shall be made payable to the Florida Department of Transportation:
Packet Pg. 223 1
DocuSign Envelope ID: F7FD51FC-850A-401C-87DE-E5F5748F1946
11.G.3
FM #: 446323-3-62-01
LFA: COLLIER
Page 2 of 3
Florida Department of Transportation
OOC-GAO, LFA Section
605 Suwannee Street, MS 42B
Tallahassee, FL 32399
4. All notices under the Agreement shall be directed to the following contact persons:
TO DEPARTMENT:
Lisa R. Brinson
Local Program Administrator
Florida Department of Transportation
801 N. Broadway Avenue
Bartow, Florida 33830
(863) 519-2836
Lisa. brinson(rHQt.state.fl.us
TO AGENCY:
Michael Tisch, FCCM.
Project Manager
Collier County
2885 South Horseshow Drive
Naples, Florida 34104
239-252-5839
Michael.Tisch colliercountyfl.gov
5. Failure of the AGENCY to deposit said amount shall be grounds for termination of this
Agreement.
6. This Agreement shall continue in effect and be binding on the parties until the PROJECT is
completed.
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
AGENCY. The AGENCY shall not be obligated or liable hereunder to any party other than
the DEPARTMENT.
9. 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.
10. This document incorporates and includes all prior negotiations, correspondence, conversations,
agreements, or understandings applicable to the matters contained herein, and the parties agree
that there are no commitments, agreements or understandings concerning the subject matter of
this Agreement that are not contained in this document. Accordingly, it is agreed that no
deviation from the terms hereof shall be predicated upon any prior representations or
agreements whether oral or written. It is further agreed that no modification, amendment or
alteration in the terms or conditions contained herein shall be effective unless contained in a
written document and executed by both parties.
11. This Agreement shall be governed by and construed in accordance with the laws of the State
of Florida.
CAO
Packet Pg. 224 1
DocuSign Envelope ID: F7FD51FC-850A-401C-87DE-E5F5748F1946
11.G.3
FM #: 446323-3-62-01
LFA: COLLIER
Page 3 of 3
IN WITNESS WHEREOF, the AGENCY has caused this Agreement to be executed in its behalf
through its City Manager 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:
Department to enter date.
COLLIER COUNTY, FLORIDA
ATTEST
BY: BY:
CHAIRPERSON, OR DESIGNEE
PRINT NAME
TITLE DATE
COLLIER U T LEGAL
REVIEW:
BY:
ATTEST
BY:
PRINT NAME
PRINT NAME
DATE
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
DATE
BY:
DISTRICT ONE SECRETARY
OR DESIGNEE
PRINT NAME
TITLE DATE
FLA. DEPT. OF TRANS. LEGAL
REVIEW: t»
BY:
Packet Pg. 225 1
DoouSign Envelope ID: F7FD51FC-850A-401C-87DE-E5F5748F1946
11.G.3
Exhibit B Page 1 of 1
EXHIBIT B
ESTIMATED SCHEDULE OF FUNDING
Financial Management Number:
446323-3-62-01
Lump Sum
Corkscrew Rd North from S of Wildcat Dr to E Wildcat Dr
Construction
Phase:
Amount:
62
$105,547.32
Total Contribution
Local Agency):
$105,547.32
Rest of this page intentionally left blank.
Packet Pg. 226 1
11.G.4
RESOLUTION NO. 2022 -
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, MEMORIALIZING THE BOARD'S
APPROVAL OF A LOCALLY FUNDED AGREEMENT FOR PROJECT
#446323-3-62-01 WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) FOR CONSTRUCTION ENGINEERING
INSPECTION (CEI) SERVICES PERTAINING TO IMPROVEMENTS FOR
CORKSCREW ROAD, AND AUTHORIZING THE CHAIR TO SIGN THE
AGREEMENT.
WHEREAS, FDOT has included in its Five -Year Work Program a project for
improvements to a portion of Corkscrew Road North (Locally Funded Project #446323-3-62-
01); and
WHEREAS, FDOT and the Board of County Commissioners (County) wish to enter into
a Locally Funded Agreement (Agreement) that would require the County to contribute funds for
CEI services pertaining to the project; and
WHEREAS, FDOT requires that the County provide a Resolution memorializing and
confirming the County's affirmative vote to approve the Agreement, and authorizing the Chair to
execute the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board of County Commissioners approves, and authorizes its Chair to sign, the
Locally Funded Agreement for Project 4446323-3-62-01.
2. This Resolution memorializes and confirms the Board's approval of the Agreement.
3. A certified copy of this Resolution shall be forwarded by the Collier County Clerk to FDOT
along with the executed Agreement.
This resolution adopted upon majority vote favoring same this day of ........... 2022.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzel, Clerk of Courts COLLIER COUNTY, FLORIDA
, Deputy Clerk
Jeffrey
By:
William L. McDaniel, Jr., Chairman
Packet Pg. 227