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Agenda 11/14/2023 Item #16B 3 (Resolution - A Local Agendy Program Agreement w/FDOT indreasing the grant award for the ten-foot multi-use path on County Barn Road from Rattlesnake Hammock Rd. to SR 84)11/14/2023 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign a Supplemental Agreement to the Local Agency Program (LAP) Agreement with the Florida Department of Transportation (FDOT) to increase the grant award from $1,693,376 to $2,508,376 for construction of a ten-foot multi-use path on County Barn Road from Rattlesnake Hammock Road to SR 84 (Davis Blvd.); to adopt the accompanying resolution formally approving and authorizing the chairman to execute same on behalf of the Board; and to authorize the necessary budget amendments, FPN 438091-2-58-01. (Project 60254, Fund 1841). OBJECTIVE: To construct a 10-foot-wide multi-use path on County Barn Road from Rattlesnake Hammock Road to SR 84 (Davis Blvd), with funding assistance from the FDOT LAP Agreement. CONSIDERATIONS: The purpose of the supplemental agreement is to add additional funding in the amount of $815,000 to offset rising construction costs. In January of 2014, County staff submitted an application to the Collier Metropolitan Planning Organization (MPO) for funding of the County Barn Road multi-use path project. The project was included in the adopted 2014 Pathway Prioritized Project list. The project remained on the priority list for five years before being programmed in the FDOT Work Program. The project appeared in the 2020 FDOT Work Program for design services in FY 2020/21 in the amount of $176,000. The County entered a Local Funding Agreement (LFA) with the FDOT to cover a funding shortfall for the design work performed by the FDOT's consultant engineer in the amount of $82,212, for a total design amount of $258,212. Construction funding was programmed in the 2020 FDOT Work Program for FY 2023 in the amount of $1,693,376. The Board approved the construction LAP agreement with FDOT on May 23, 2023, Resolution No. 2023-92. Since the submittal of the application, construction costs have continued to rise. FDOT has agreed to provide additional funding in the amount of $815,000 to cover increased costs. FDOT is empowered by legislative authority to contract with other governmental (local) agencies to develop, design, and construct transportation facilities and to reimburse these governmental agencies for services provided to the traveling public. The FDOT LAP, administered at the FDOT district level, is the mechanism used to complete a prioritized project from FDOT’s Five-Year Work Program. Collier County is LAP certified and the Transportation Management Services Department staff will be responsible for the administration of the project’s construction phase. In-house staff will be responsible for federal and FDOT grant compliance. This item is consistent with the Collier County Strategic Plan objective to design and maintain an effective transportation system to reduce traffic congestion and improve the mobility of our residents and visitors. FISCAL IMPACT: A budget amendment is required to recognize additional grant revenue in the amount of $815,000 in Transportation Grant Fund 1841, Project (60254) for Construction; the funding source is Federal Highway Administration for a total of $2,508,376 whereby, these grant dollars are passed through FDOT via the LAP agreement. This grant does not require a match. GROWTH MANAGEMENT IMPACT: These improvements are consistent with the Growth Management Plan Transportation Element, specifically Section B - Intermodal & Multi-modal Transportation, (1) Non-Motorized Travel, Objective 4, Policy 4.2, Policy 4.4, Policy 4.5, Policy 4.6, and Policy 4.8 LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. -DDP RECOMMENDATION: To approve and authorize the Chairman to sign a Supplemental Agreement to the Local Agency Program (LAP) Agreement with the Florida Department of Transportation (FDOT) to increase the grant 16.B.3 Packet Pg. 572 11/14/2023 award from $1,693,376 to $2,508,376 for construction of a ten-foot multi-use path on County Barn Road from Rattlesnake Hammock Road to SR 84 (Davis Blvd.); to adopt the accompanying resolution formally approving and authorizing its chairman to execute same on behalf of the Board; and to authorize the necessary budget amendments (60254), FPN 438091-2-58-01. Prepared By: Michael Tisch, PMP, Project Manager II, Transportation Engineering Division ATTACHMENT(S) 1. 438091-2 Revised Supp Agreement #1 (PDF) 2. 438091-2 Supplemental Agreement Resolution (PDF) 16.B.3 Packet Pg. 573 11/14/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.B.3 Doc ID: 26556 Item Summary: Recommendation to approve and authorize the Chairman to sign a Supplemental Agreement to the Local Agency Program (LAP) Agreement with the Florida Department of Transportation (FDOT) to increase the grant award from $1,693,376 to $2,508,376 for construction of a ten -foot multi-use path on County Barn Road from Rattlesnake Hammock Road to SR 84 (Davis Blvd.); to adopt the accompanying resolution formally approving and authorizing the chairman to execute same on behalf of the Board; and to authorize the necessary budget amendments, FPN 438091-2-58-01. (Project 60254, Fund 1841). Meeting Date: 11/14/2023 Prepared by: Title: – Transportation Engineering Name: Michael Tisch 09/26/2023 9:26 AM Submitted by: Title: Division Director - Transportation Eng – Transportation Engineering Name: Jay Ahmad 09/26/2023 9:26 AM Approved By: Review: Operations & Regulatory Management Danielle Bates Additional Reviewer Completed 09/26/2023 9:59 AM Road Maintenance Ellen Sheffey Additional Reviewer Completed 09/27/2023 1:10 PM Transportation Management Services Department Jeanne Marcella Transportation Management Services Department Completed 09/27/2023 3:17 PM Transportation Engineering Jay Ahmad Additional Reviewer Completed 09/29/2023 12:19 PM Capital Project Planning, Impact Fees, and Program Management Rookmin Nauth Additional Reviewer Completed 10/02/2023 10:11 AM Transportation Management Operations Support Brandy Otero Additional Reviewer Completed 10/02/2023 2:04 PM Transportation Management Operations Support Tara Castillo Additional Reviewer Completed 10/03/2023 7:22 AM Transportation Engineering Mark McCleary Additional Reviewer Completed 10/03/2023 7:27 AM Transportation Management Services Department Trinity Scott Transportation Completed 10/03/2023 10:48 AM Grants Maria Kantaras Level 2 Grants Review Completed 10/06/2023 4:04 PM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 10/23/2023 10:30 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 10/23/2023 3:53 PM Community & Human Services Maggie Lopez Additional Reviewer Completed 10/25/2023 9:01 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/25/2023 9:40 AM Grants Therese Stanley Additional Reviewer Completed 10/31/2023 1:11 PM 16.B.3 Packet Pg. 574 11/14/2023 County Manager's Office Amy Patterson Level 4 County Manager Review Completed 11/07/2023 10:30 AM Board of County Commissioners Geoffrey Willig Meeting Pending 11/14/2023 9:00 AM 16.B.3 Packet Pg. 575 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM SUPPLEMENTAL AGREEMENT 525-010-32 PROGRAM MANAGEMENT 03/22 Page 1 of 3 SUPPLEMENTAL NO. 1 FEDERAL ID NO. (FAIN) D123-060-B CONTRACT NO. G2N19 FEDERAL AWARD DATE FPN 438091-2-58-01 RECIPIENT UNIQUE ENTITY ID SAM NO. JWKJKYRPLLU6 Recipient, Collier County , desires to supplement the original Agreement entered into and executed on August 29, 2023 as identified above. All provisions in the original Agreement and supplements, if any, remain in effect except as expressly modified by this supplement. The changes to the Agreement and supplements, if any, are described as follows: PROJECT DESCRIPTION Name County Barn Road from Rattlesnake Hammock to SR 84 (Davis Blvd) Length 2.045 Termini The construction of a 10 foot multi-use path on the west side of County Barn Road from Rattlesnake Hammock to SR 84 (Davis Blvd) Description of Work: The project consists of the construction of a 10-foot-wide multi-use path on the west side of County Barn Road from Rattlesnake Hammock to SR 84 (Davis Blvd). Replacement of existing storm drain culvert, ditch bottom inlets, and mitered end sections will be installed to accommodate the 10-foot-wide multi-use path. Reason for Supplement and supporting engineering and/or cost analysis: The purpose of this Supplemental Agreement #1 is to add additional construction funding in Fiscal Year 24 funds in the amount of $815,000.00 (Eight Hundred and Fifteen Thousand Dollars) due to funding shortfall with cost overruns as shown in the attached Exhibit “B” adjusted “SCHEDULE OF F INANCIAL ASSISTANCE”. CAO 16.B.3.a Packet Pg. 576 Attachment: 438091-2 Revised Supp Agreement #1 (26556 : County Barn Rd MUP FDOT Supplemental Agreement) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM SUPPLEMENTAL AGREEMENT 525-010-32 PROGRAM MANAGEMENT 02/22 ADJUSTED EXHIBIT “B” SCHEDULE OF FINANCIAL ASSISTANCE Page 2 of 3 RECIPIENT NAME & BILLING ADDRESS: Collier County 2885 Horseshoe Drive South Naples, Florida 34104 FINANCIAL PROJECT NUMBER: 438091-2-58-01 PHASE OF WORK By Fiscal Year FUNDING (1) PREVIOUS TOTAL PROJECT FUNDS (2) ADDITIONAL PROJECT FUNDS (3) CURRENT TOTAL PROJECT FUNDS (4) TOTAL LOCAL FUNDS (5) TOTAL STATE FUNDS (6) TOTAL FEDERAL FUNDS Design FY: (Insert Program Name) FY: (Insert Program Name) FY: (Insert Program Name) Total Design Cost $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Right-of-Way FY: (Insert Program Name) FY: (Insert Program Name) FY: (Insert Program Name) Total Right-of-Way Cost $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Construction FY: 2023 (ACSU) FY: 2023 (CARU) FY: 2024 (CARB) Total Construction Cost $1,662,220.00 $31,156.00 $1,693,376.00 $815,000.00 $815,000.00 $1,662,220.00 $31,156.00 $815,000.00 $2,508,376.00 $ 0.00 $ 0.00 $1,662,220.00 $31,156.00 $815,000.00 $2,508,376.00 Construction Engineering and Inspection (CEI) FY: (Insert Program Name) FY: (Insert Program Name) FY: (Insert Program Name) Total CEI Cost $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 (Insert Phase) FY: ( ) FY: (Insert Program Name) FY: (Insert Program Name) Total Phase 58 Costs $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 TOTAL COST OF THE PROJECT $1,693,376.00 $815,000.00 $2,508,376.00 $ 0.00 $ 0.00 $2,508,376.00 COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, F.S. Documentation is on file evidencing the methodology used and the conclusions reached. Zoe Giannopoulos District Grant Manager Name Signature Date DocuSign Envelope ID: A07FC17F-FE61-4540-8B27-05E82921D1B4 09/05/2023 | 2:07 PM EDT CAO 16.B.3.a Packet Pg. 577 Attachment: 438091-2 Revised Supp Agreement #1 (26556 : County Barn Rd MUP FDOT Supplemental STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM SUPPLEMENTAL AGREEMENT 525-010-32 PROGRAM MANAGEMENT 08/19 Page 3 of 3 IN WITNESS WHEREOF, the parties have executed this Agreement on the date last ascribed herein. RECIPIENT Collier County STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: By: Name: Name: Title: Title: Date:_______________________________________ Legal Review: _______________________________________________ DocuSign Envelope ID: A07FC17F-FE61-4540-8B27-05E82921D1B4 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ________________________________ Rick LoCastro, Chairman Attest: CRYSTAL K. KINZEL, CLERK ___________________________ Deputy Clerk Approved as to Form and Legality: _________________________________ Derek D. Perry Assistant County Attorney 9/25/2023CAO 16.B.3.a Packet Pg. 578 Attachment: 438091-2 Revised Supp Agreement #1 (26556 : County Barn Rd MUP FDOT Supplemental Agreement) Page 1 of 1 RESOLUTION NO. 2023 - _______ A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING AND AUTHORIZING ITS CHAIRMAN TO EXECUTE A LOCAL AGENCY PROGRAM SUPPLEMENTAL AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR ADDITIONAL GRANT FUNDING TO CONSTRUCT A TEN-FOOT MULTI-USE PATH ON COUNTY BARN ROAD FROM RATTLESNAKE HAMMOCK ROAD TO SR 84 (DAVIS BLVD.). (FPN 438091-2-58-01) WHEREAS, on May 23, 2023, the Board approved a Local Agency Program Agreement (the “Agreement”) with the State of Florida Department of Transportation (FDOT), entered into and executed on August 29, 2023, wherein FDOT will reimburse Collier County up to the sum of to $1,693,376 to construct a ten-foot multi-use path on county barn road from rattlesnake hammock road to SR 84 (Davis Blvd.). (FPN 438091-2-58-01); and WHEREAS, FDOT is willing to supplement the Agreement to increase the reimbursement by $815,000 to $2,508,376 (Contract No. G2N19); and WHEREAS, the Collier County Board of Commissioners finds that the Agreement is in the public interest and benefits 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 and authorizes its Chairman to sign the Supplemental Agreement No. 1 pertaining to FPN 438091-2-58-01 (Contract No. G2N19). 2. The Collier County Clerk is directed to forward a certified copy of this Resolution along with the Supplemental Agreement for execution by FDOT. 3. This Resolution shall take effect immediately upon adoption. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this 14th day of November 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk OF COLLIER COUNTY, FLORIDA By: By: ________________________________ , Deputy Clerk Rick LoCastro, Chairman Approved as to form and legality: Derek D. Perry Assistant County Attorney 9/25/2023CAO 16.B.3.b Packet Pg. 579 Attachment: 438091-2 Supplemental Agreement Resolution (26556 : County Barn Rd MUP FDOT Supplemental Agreement)