Agenda 02/28/2017 Item #16A1402/28/2017
EXECUTIVE SUMMARY
Recommendation to execute a Local Agency Program (LAP) Agreement Termination between
Florida Department of Transportation (FDOT) and Collier County Board of County
Commissioners in connection with design, construction, and construction engineering and
inspection (CEI) of Golden Gate Bridge Canal Crossings at 8th Street NE, 16th Street NE, and 47th
Avenue NE, Project No. 33340, thus allowing FDOT to expedite the 8th Street NE bridge project
through a Design-Build contract.
OBJECTIVE: To terminate the LAP Agreement of December 15, 2014, in connection with design,
construction, and construction engineering and inspection (CEI) of Golden Gate Bridge Canal Crossings
at 8th Street, NE, 16th Street, NE, and 47th Avenue NE. FDOT will be executing this project.
CONSIDERATIONS: The LAP Agreement with FDOT entered into on December 15, 2014 was
originally intended to procure federal funding in the amount of $9,549,116 for the design and construction
of canal bridge crossings at 8th Street NE, 16th Street NE, and 47th Avenue NE.
As part of the LAP Agreement, FDOT was responsible for the preparation of the Project Development
and Environmental (PD&E) Study required for federal aid projects. Although the original intent of the
project was to construct the three bridges, it became obvious during the PD&E public involvement
process that local residents would not support the bridges unless the associated roadways were also
improved. Adding the roadway improvements to the project significantly increased the project cost such
that the available funding would only be sufficient to design and construct one bridge crossing &
associated roadway improvements at 8th Street NE.
In order to expedite this project, FDOT has adopted a Design-Build (D-B) strategy for the 8th Street NE
project and will be taking over the responsibility of soliciting the D-B contract in-house. This requires
that the original LAP Agreement to be terminated.
FISCAL IMPACT: Panther Habitat Units (PHUs) in the amount of $170,534.50 will be purchased as
mitigation required for environmental impacts associated with this project. The funding source for the
PHUs is Gas Tax. An administrative budget amendment is necessary to un-appropriate the associated
grant revenue within GMD Grant Fund (711) Project 33340 ($9,549,116) as FDOT will let the project
directly.
Although this action will not directly result in maintenance costs, the subsequent construction of the new
bridge, shoulders, and sidewalk at 8th Street NE, will require that these facilities be incorporated into the
County’s regular maintenance program. The expected useful service life of the new bridge is estimated to
be 75 years. New roadway construction has a maintenance curve of approximately five to seven years
before any incremental costs are required for repairs.
GROWTH MANAGEMENT IMPACT: The project is in accordance with the goals and objectives of
the Transportation Element of the Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for Board approval.-SRT
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02/28/2017
RECOMMENDATION: To execute a Local Agency Program (LAP) Agreement Termination between
Florida Department of Transportation (FDOT) and Collier County Board of County Commissioners
(Board) in connection with design, construction, and construction engineering and inspection (CEI) of
Golden Gate Bridge Canal Crossings at 8th Street NE, 16th Street NE, and 47th Avenue NE, Project No.
33340, and authorize the Chair to sign the attached agreement.
Prepared by: Andrew A. Miller, PE, Senior Project Manager, Transportation Engineering Division
ATTACHMENT(S)
1. LAP Termination Agreement from CAO (PDF)
2. #431895-1 Collier County Agreement Notification and Executed LAP agreement (PDF)
3. FDOT letter RE Termination intent (PDF)
4. QUESTIONS_ResponsetoCollierCounty (PDF)
5. BA Closeout (PDF)
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02/28/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.14
Doc ID: 2763
Item Summary: Recommendation to execute a Local Agency Program (LAP) Agreement
Termination between Florida Department of Transportation (FDOT) and Collier County Board of County
Commissioners in connection with design, construction, and construction engineering and inspection
(CEI) of Golden Gate Bridge Canal Crossings at 8th Street NE, 16th Street NE, and 47th Avenue NE ,
Project No. 33340, thus allowing FDOT to expedite the 8th Street NE bridge project through a Design -
Build contract.
Meeting Date: 02/28/2017
Prepared by:
Title: Project Manager, Senior – Transportation Engineering
Name: Andrew Miller
02/16/2017 1:25 PM
Submitted by:
Title: Division Director - Transportation Eng – Transportation Engineering
Name: Jay Ahmad
02/16/2017 1:25 PM
Approved By:
Review:
Growth Management Department Diane Lynch Level 1 Division Reviewer Completed 02/16/2017 1:50 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 02/16/2017 2:14 PM
Growth Management Department Gene Shue Additional Reviewer Completed 02/16/2017 3:17 PM
Transportation Engineering Gary Putaansuu Additional Reviewer Completed 02/16/2017 3:22 PM
Procurement Services Lissett DeLaRosa Level 1 Purchasing Gatekeeper Completed 02/16/2017 3:36 PM
Road Maintenance Jonathan Vortherms Additional Reviewer Completed 02/16/2017 3:41 PM
Procurement Services Ted Coyman Additional Reviewer Completed 02/16/2017 5:24 PM
Procurement Services Allison Kearns Additional Reviewer Completed 02/17/2017 7:26 AM
Procurement Services Brenda Brilhart Additional Reviewer Completed 02/17/2017 8:06 AM
Grants Kimberly Lingar Level 2 Grants Review Completed 02/17/2017 12:33 PM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 02/17/2017 1:03 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 02/21/2017 11:22 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/21/2017 11:34 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/21/2017 11:46 AM
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Office of Management and Budget Susan Usher Additional Reviewer Completed 02/21/2017 2:48 PM
Grants Therese Stanley Additional Reviewer Completed 02/22/2017 10:29 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 02/22/2017 12:13 PM
Board of County Commissioners MaryJo Brock Meeting Pending 02/28/2017 9:00 AM
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TERMINATION AGREEMENT
CONTRACT NUMBER
FM# 43 I 895- r -38/58/68-01
FAP# 8886 577 A
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT TERMINATION
THIS TERMINATION AGREEMENT made and entered into this day of
2016, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
(hereinafter "DEPARTMENT") and Collier County (hereinafter, "AGENCY").
WITNESSETH
L WHEREAS, the DEPARTMENT and the AGENCY on December 15, 2014 entered into a Local
Agency Program Agreement (hereinafter, .'LAP") in connection with design, construction, ^and
construction engineering and inspection (CEi) of Golden Gate Bridge Canal Crossings at Sth Street,
NE l6th Street and NE 47u' Avenue; and
2. WHEREAS, the DEPARTMENT and the AGENCY have mutually agreed to terminate the
agreement and services at the present status of completion and in accordance with Section 8.01 of
the LAP Agreement; and
3. WHEREAS, the DEPARTMENT has reimbursed the AGENCY under the terms of the LAP
Agreement the sum of $0.00 (Zero dollars) Ieaving a balance of $9,549,116.00 (Fiscal Year
201412015 Design $1,361,332.00, Fiscal Year 20I6/2017 Construction and CEI $7,826'984.00
and $360,800.00, respectively),
NOW THEREFORE, in accordance with terms of the executed LAP Agreement, the parties
agree as follows:
L The ACENCY agrees to temrinate the LAP Agreement with the DEPARTMENT dated December
15,2014.
2. The AGENCY shall be reimbursed by the DEPARTMENT for all work completed up to and
including the effective date of this Termination Agreement.
3. The AGENCY shall not be reimbursed for any work completed after the effective date of this
Tennination Agreement.
4. The AGENCY shall not be reirnbursed for any work cornpleted prior to the effective date of this
Termination Agreement that fails to meet with the standards specified by the DEPARTMENT.
5. Upon execution of this Termination Agreement, the DEPARTMENT shall reimburse the AGENCY
the sum of $0.00, which the AGENCY agrees represent the balance due to the AGENCY.
(&I of2
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Packet Pg. 706 Attachment: LAP Termination Agreement from CAO (2763 : Golden Gates Bridges LAP Agreement Termination)
IERMINATION AGREEMENT
CONTRACTNLMBER
FM# 43 l 895- 1-38/58/68-0 I
FAP# 8886 577 A
IN WITNESS WHEREOF, the change of the project scope and development approach has caused this
Agreement to be executed in its behalf by the ChairmanoftheBoardofCountyCommissioners 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:
,2016.
Department to enter date
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
COLLIER COUNTY
BOARD OF COUNTY
COMMISSIONERS
BY:
BoCC CHAIRMAN OR DESIGNEE
ATTEST:
DIRECTOR OF TRANSPORTATION
DEVELOPMENT
DEPARTMENT LEGAL REVIEW:0,'hLc\ltb
CLERK
COLLIER COLTNTY LEGAL REVIEW:
(-)
A;i6L\E\= w
SENIOR ATTORNEY
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Packet Pg. 707 Attachment: LAP Termination Agreement from CAO (2763 : Golden Gates Bridges LAP Agreement Termination)
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Packet Pg. 708 Attachment: #431895-1 Collier County Agreement Notification and Executed LAP agreement (2763 : Golden Gates Bridges LAP Agreement
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Packet Pg. 709 Attachment: #431895-1 Collier County Agreement Notification and Executed LAP agreement (2763 : Golden Gates Bridges LAP Agreement
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Packet Pg. 723 Attachment: #431895-1 Collier County Agreement Notification and Executed LAP agreement (2763 : Golden Gates Bridges LAP Agreement
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Packet Pg. 725 Attachment: #431895-1 Collier County Agreement Notification and Executed LAP agreement (2763 : Golden Gates Bridges LAP Agreement
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Packet Pg. 726 Attachment: #431895-1 Collier County Agreement Notification and Executed LAP agreement (2763 : Golden Gates Bridges LAP Agreement
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Packet Pg. 727 Attachment: FDOT letter RE Termination intent (2763 : Golden Gates Bridges LAP Agreement Termination)
QUESTIONS TO BE ANSWERED IN PRESENTING THE TERMINATION AGREEMENT TO THE COLLIER
COUNTY BOCC
(February 28, 2017)
1. Why is FDOT taking over the project and asking the board to approve a termination to the
agreement?
In order to maintain the project schedule and ensure the next phase can begin as
planned, the Department has agreed to manage a design-build phase. Originally
Collier County was going to produce the project through the Local Area Program (LAP),
however the time it would take for the additional coordination would put the project
behind schedule. This project has been identified by the Federal Highway
Administration as a Project of Division Interest (PoDI), which dictates “Full Oversight”
by FHWA. It would take additional time to ensure a smooth and timely transition of
the Project Development and Environmental (PD&E) phase from FDOT to Collier
County.
2. Once the agreement is terminated, what will happen then?
3. Are they going to continue with a design/build project?
Once the LAP agreement is officially terminated by Collier County, the Department
intends to program a Design/Build phase for the 8th Street NE canal bridge and
roadway improvements.
4. Will they (FDOT) meet the original June, 2017 date?
The schedule outlined below is critical to meeting the June 2017 Letting:
i. February 27, 2017- Collier MPO Citizens’ and Technical Advisory Committees
will take action on a TIP Amendment to revise project details. A TIP
amendment is necessary in order to receive authorization to expend federal
funds programmed for the project. February 28, 2017- Approval by the BOCC
to terminate the LAP agreement,
ii. March 6, 2017- The project will be posted by the Department as a Planned
Advertisement,
iii. March 10, 2017- The MPO Board adopts TIP amendment.
iv. March 17, 2017- FDOT will take necessary steps to obtain federal
authorization on the funding for the project.
v. March 20, 2017- The project will be posted by the Department as an Official
Advertisement.
5. What are the consequences of missing that date?
a. There several things that could occur if the June (29th) 2017 letting date is not met;
funding authorization may not be received on time and could result in a loss of use of
these funds this year, the project would be deferred to a later time frame, plus some
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Packet Pg. 728 Attachment: QUESTIONS_ResponsetoCollierCounty (2763 : Golden Gates Bridges LAP Agreement Termination)
other potential consequences that Collier MPO/Collier County and the Department
could encounter in relation to capturing and maximizing our ability to use and expend
federal funds.
6. Identify the fiscal impacts to the county such as the purchase of Panther Mitigation for this
project and why is it the county’s responsibility?
Purchase of the Panther mitigation credits is the responsibility of Collier County. The
purchase of 235.22 PHUs by the County is in process with the Florida Panther
Conservation, LLC with an approximate cost of $170,500.00.
7. What will become of the 16th Street and 47th Avenue Projects? Will FDOT continue with them?
There are no plans to pursue improvements to NE 16th Street or NE 47th Avenue by the
Department and funding has not been committed to these projects.
8. Is the PD&E approved?
Approval of the PD&E was officially received on February 15, 2017.
9. If not, when is it anticipated?
10. What contributed to the long delay in PDE approval?
Through the PD&E study panther habitat was discovered. Such a discovery requires a
Section 7 consultation which takes times to conduct. Additional coordination with
FHWA for review and response is also a result of the process.
11. The termination agreement states that “due to change of the project scope and development
approach”. Please explain what the change is.
Major changes to the project scope resulted from input received by the public during
the PD&E study. Public involvement is a requirement when federal funds are used on
a project. Through the public involvement process, additional improvements were
added to the project scope, such as sidewalks, adding paved shoulders, and other
roadway improvements for one mile on either side of the bridge. These additions
increased the cost of the project and will utilize the amount originally programmed for
three bridges. Changing the responsible agency managing and producing the project
indicates a changes in the project development approach.
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Packet Pg. 729 Attachment: QUESTIONS_ResponsetoCollierCounty (2763 : Golden Gates Bridges LAP Agreement Termination)
Grant Budget Request
Page 1 of 1
Budget
33340-01 Form Last Saved :02/22/2017 @ 06:36:04
For Budget/Finance Use
BA# :
Agenda Item :16.A.Date :02/28/2017 Type :
Agenda Item :Date :Type :
Prepared By :Rookmin Nauth Date :02/21/2017
Fund :711 GROWTH MGT GRANTS
Grant :33340-01 LAP 431895 - BRIDGES
Start :05/27/2014
End :12/31/2020
Sponsor :112 FEDERAL HIGHWAY ADMINISTRATION
Sponsored Program :LAP AGREEMENT
Funded Program :33340 Bridge Design - Construction
Grant Percent :100.00
Match Percent :0.00
Revenue Budget
Commit Commit. Description Sponsored Class Grant F.Ctr Grant Amt
331491 FDOT-TRANS-OTHER LAP GRANT REVENUE 163622 (9,549,116.00)
TOTAL REVENUE (9,549,116.00)
Expense Budget
Commit Commit. Description Sponsored Class Grant F.Ctr Grant Amt
631400 ENG FEES LAP DESIGN 163622 (1,361,332.00)
631401 ENG FEES DESIGN LAP CEI 163622 (360,800.00)
762500 INFRASTRUCTURE LAP CONSTRUCTION 163622 (7,826,984.00)
TOTAL EXPENSE (9,549,116.00)
Total Sponsor Budget :(9,549,116.00)
Total Cost Sharing :0.00
Total Project : (9,549,116.00)
Why are funds needed?
Funds are not needed as LAP Agreement has been terminated.
What is the source of funding?
Source of funding was per FDOT LAP Agreement 431895-1.
Reviewed By :
Cost Center Director :Date :
Division Administrator :Date :
Budget Department :Date :
Agency Manager :Date :
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Packet Pg. 730 Attachment: BA Closeout (2763 : Golden Gates Bridges LAP Agreement Termination)
RESOLUTION NO. 2017 -
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA MEMORIALIZING ITS APPROVAL OF A LOCAL AGENCY PROGRAM
AGREEMENT TERMINATION WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION AND AUTHORIZING ITS CHAIRMAN TO EXECUTE THE
AGREEMENT.
WHEREAS, at the February 28, 2017, meeting of the Collier County Board of County
Commissioners ("County") the Board approved entering into a Local Agency Program Agreement
Termination (the "Agreement" / FM # 431895-1-38/58/68-01) with the Florida Department of
Transportation ("FDOT"); and
WHEREAS, FDOT and the County mutually agreed to terminate the Agreement, which involves
the design, construction, and construction engineering and inspection of Golden Gate Bridge Canal
Crossings at 8h Street, NE 16`' Street and NE 47' Avenue, in accordance with Section 8.01 of the LAP
Agreement; and
WHEREAS, FDOT requires the Board to provide a resolution memorializing and confirming the
Board's aforementioned affirmative vote approving the Agreement and authorizing its Chairman 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 Chairman to sign, the
aforementioned Agreement with FDOT.
2. A certified copy of this Resolution shall be forwarded to FDOT along with the Agreement for
execution by FDOT.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this
28th day of February, 2017.
ATTEST:
DWIGHT E. BROCK, Clerk
, Deputy Clerk
Upro as o and legality:
ott R. Teach,
Deputy County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Penny Taylor, Chairman