Agenda 07/11/2023 Item #16B 6 (Rescind agreement between FDOT and Collier County to update the School Flasher System)16.B.6
07/ 11 /2023
EXECUTIVE SUMMARY
Recommendation to rescind Local Agency Program (LAP) Agreement 446252-1-58-01, between the Florida
Department of Transportation (FDOT) and Collier County, which would have provided up to $456,500 in
Federal funding to update Collier County's School Flasher System; revoke the Resolution memorializing the
Board's action; and process all necessary budget amendments.
OBJECTIVE: To rescind a LAP Agreement due to incurring additional expenses deemed excessive in the amount
of $200,000 or more.
CONSIDERATIONS: On June 14, 2019, the Collier Metropolitan Planning Organization (MPO) Board approved
the 2019 Congestion Management Committee (CMC) priorities, which included replacing the County's school
flasher system. The Board of County Commissioners approved LAP Agreement 446252-1-58-01 on April 11, 2023,
to receive funds from FDOT for materials and installation to update Collier County's School Flasher Systems at 75
locations.
Initially, Collier County Traffic Operations staff prepared the design and engineering plans in house as a first step
to fund the next phase of the project through a LAP agreement supported by Federal Highway Administration
funding. FDOT, acting as the pass -through agency, determined the next phase of installation of equipment to be a
construction phase which requires Construction Engineering Inspection (CEI) services. Initially, the County
planned to perform the CEI services internally. However, in May 2023, FDOT updated the LAP agreement terms to
comply with the 2019 legislative change in Florida Statue Section 337.14 Paragraph 7, which prohibits design and
CEI services being carried out by the same entity. This prohibition extends to local governments utilizing Force
Account or performing services in-house, similar to third parties' engineers. As a result, the County is required to
outsource CEI services at an estimated cost of $200,000 or more to oversee the Construction Phase estimated at 243
days.
Additionally, FDOT scheduled this project for State Fiscal Year 2023, which requires starting the construction
phase before July 1, 2023.
Given the time constraints and the need for additional funds that were not previously budgeted, staff concluded that
the timing and cost associated with the LAP Agreement are prohibitive, and it was not in the best interest of the
County to proceed with this Agreement. Upon rescission of the LAP Agreement 446252-1-58-01, the attached
termination letter will be signed by the Department Head and sent to FDOT.
FISCAL IMPACT: Budget amendments are necessary in the amount of $456,500 to reduce the appropriation
within Transportation Services Management, (project 33847), Grant Fund 1841 to zero.
GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the County's Growth
Management objectives and produces no negative impact.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for
approval. - RTT
RECOMMENDATION: To rescind LAP Agreement 446252-1-58-01, between Transportation FDOT and Collier
County, which would have provided up to $456,500 in Federal funding to update Collier County's School Flasher
System; revoke the Resolution memorializing the Board's action; and process all necessary budget amendments.
Prepared by Pierre -Marie Beauvoir, Signal Systems Network Specialist, Transportation Engineering Division,
Transportation Management Services Department
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16.B.6
07/ 11 /2023
ATTACHMENT(S)
1.443252-1-58-01 Collier county School Flashers Termination Letter (PDF)
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16.B.6
07/ 11 /2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.B.6
Doc ID: 25869
Item Summary: Recommendation to rescind Local Agency Program (LAP) Agreement 446252-1-58-01, between
the Florida Department of Transportation (FDOT) and Collier County, which would have provided up to $456,500
in Federal funding to update Collier County's School Flasher System; revoke the Resolution memorializing the
Board's action; and process all necessary budget amendments.
Meeting Date: 07/11/2023
Prepared by:
Title: Signal Systems Network Specialist — Transportation Engineering
Name: Pierre Beauvoir
06/16/2023 10:21 AM
Submitted by:
Title: Division Director - Transportation Eng — Transportation Engineering
Name: Jay Ahmad
06/16/2023 10:21 AM
Approved By:
Review:
Public Transit & Neighborhood Enhancement Darren Hutton
Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper
Transportation Management Services Department Danielle Bates
Department
Transportation Engineering Jay Ahmad Additional Reviewer
Capital Project Planning, Impact Fees, and Program Management Gloria Herrera
Grants Pierre Beauvoir Additional Reviewer
Growth Management and Community Development Department Anthony Khawaja
Transportation Management Operations Support Brandy Otero
Procurement Services
Pierre Beauvoir
Procurement Director Review
Transportation Management Services
Department
Trinity Scott
County Attorney's Office
Ronald Tomasko
Level 2 Attorney of Record Review
Grants
Maria Kantaras
Level 2 Grants 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
Community & Human Services
Maggie Lopez
Additional Reviewer
Additional Reviewer Completed
06/16/2023 11:15 AM
Completed 06/16/2023 1:39 PM
Transportation Management Services
Completed 06/16/2023 4:26 PM
Completed 06/19/2023 8:01 AM
Additional Reviewer Completed
06/19/2023 1:56 PM
Skipped 06/19/2023 2:04 PM
Additional Reviewer Completed
06/19/2023 2:11 PM
Additional Reviewer Completed
06/23/2023 8:47 AM
Skipped 06/16/2023 4:03 PM
Transportation Completed
06/23/2023 2:12 PM
Completed 06/26/2023 8:38 AM
Completed 06/26/2023 11:14 AM
Completed 06/26/2023 1:22 PM
Completed 06/28/2023 10:37 AM
Completed 06/30/2023 10:02 AM
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16.B.6
07/ 11 /2023
Grants Therese Stanley Additional Reviewer
County Manager's Office Geoffrey Willig Level 4 County Manager Review
Board of County Commissioners Geoffrey Willig Meeting Pending
Completed 06/30/2023 12:13 PM
Completed 06/30/2023 4:40 PM
07/11 /2023 9:00 AM
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Collier
County
Transportation Management
Services Department
July 11, 2023
Lisa R. Brinson, CPM
District Local Program Administrator
Program Management Office District One
801 North Broadway Avenue - MS 1-12
Bartow, Florida 33830
RE: Termination of LAP Project 446252-1-58-01 School Flashing Beacon System Update
Federal Number D122-070-B
Dear Ms. Brinson,
Collier County requests to terminate the above referenced project in the amount of $456,500. This
request is due to a variety of issues that have arisen after the grant agreement was presented to the
Board of County Commissioners for approval on April 11, 2023.
The project was classified as a Phase 58 (Construction) and requires Construction Engineering and
Inspection (CEI) Services. At the time of application, Collier County was under the impression
that in-house CEI would be possible. Due to a change in Florida Statute 337.14 in 2019, it is no
longer permissible to utilize in house staff to perform CEI services.
After further research on the estimated costs of CEI Services for this project, which we anticipate
will take approximately 8 months and cost an additional $200,000 of County funds, the
management team concluded that the estimated cost of $656,500 is prohibitive and not in the best
interest of the County at this time.
Based on our findings, the County respectfully requests to terminate LAP project 446252-1-58-
01, and delete it from the FDOT Work Program. Please contact me if you have any questions.
Sincerely,
Trinity Scott
Department Head
2885 Horseshoe Drive South • Naples, Florida 34104.239-252-8192 • www.colliercountyfl.gov I Packet Pg. 407