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Agenda 03/24/2015 Item #16A16 3/24/2015 16.A.16. EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign a Second Amendment to Joint Participation Agreement between the Florida Department of Transportation and Collier County to receive additional reimbursement for construction services on the FDOT resurfacing project on SR951 from Fiddler's Creek Parkway to South of SR90, along with the County's US-41 and SR/CR-951 intersection project; to execute a Resolution memorializing the Board's action; and, to authorize the necessary budget amendment; Project 60116. OBJECTIVE: That the Board of County Commissioners (BCC) approves and authorizes the Chairman to sign a Second Amendment to Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT) to receive reimbursement for construction services; to execute a Resolution memorializing the Board's action; and, to authorize the necessary budget amendment. CONSIDERATION: As part of the County's intersection improvement project at the intersection of SR/CR-951 and US-41, the County and the Florida Department of Transportation (FDOT) entered into a Joint Participation Agreement that would incorporate the FDOT resurfacing project from Fiddler's Creek Parkway to south of SR 90 (US41). There are two parts to the JPA based on the FDOT funding allocations. There is a CEI component and a construction component. Each component is identified as follows: • Resurfacing Project (3R) (FM#425209-1-58-01)—Construction and CEI, received Board approval on September 11, 2012 under item 16.A.13 and, • Intersection Improvements (FM# 428147-1-58-01)—Construction only, received Board approval on April 23, 2013 under item 16A13. These agreements were also fully executed by the FDOT on October 8, 2013 and May 31, 2013, respectively. A First Amendment to the JPA was approved by the Board on October 8, 2013 under item 1 1 E and executed by FDOT on October 22, 2013. Also, on October 8, 2013, the Board (under item 11 A) awarded a construction contract to Community Asphalt in the amount of $20,689,000.12 for the improvements previously described. On February 25, 2015, staff met with the FDOT by telephone conferencing to request additional funding for the combined project due to the fact that the bids came in 22% higher than expected. The FDOT agreed to provide an additional $2.0M in funding to the County's project as the adjacent FDOT US-41 project came in under budget. This proposed Second Amendment to the JPA will provide this additional funding for the construction of the County's project. Under the original JPA agreement and First Amendment, the FDOT's construction funding for both the Resurfacing Project and Intersection Improvement projects was anticipated to be $14,351,849. This Second Amendment to the JPA will bring the total State contribution to $16,351,849. FISCAL IMPACT: A budget amendment is required to recognize the JPA agreement revenue in the amount of$2M for FY 2015 in Transportation Grant Fund 711, Project 60116. Packet Page -545- 3/24/2015 16.A.16. GROWTH MANAGEMENT IMPACT: The requested intersection improvements are consistent with Growth Management objectives and produce no negative impact. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.—SRT RECOMMENDATION: That the Board of County Commissioners approves and authorizes its Chairman to: (1) sign the attached Second Amendment to the Joint Participation Agreement with Florida Department of Transportation to furnish Construction services necessary to complete the FDOT resurfacing project on SR951 from Fiddler's Creek Parkway to South of SR 90, along with the County's US-41 and SR/CR-951 intersection project, (2) execute a Resolution memorializing the Board's action, and (3) authorize the necessary budget amendments. Prepared by: Marlene Messam,Principal Project Manager; Growth Management Department Attachments: 1) Second Amendment to JPA; and 2)Resolution Packet Page-546- 3/24/2015 16.A.16. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.16. Item Summary: Recommendation to approve and authorize the Chairman to sign a Second Amendment to Joint Participation Agreement between the Florida Department of Transportation and Collier County to receive reimbursement for Construction services on the FDOT resurfacing project on SR951 from Fiddler's Creek Parkway to South of SR 90, along with the County's US-41 and SR/CR-951 intersection project;to execute a Resolution memorializing the Board's action; and, to authorize the necessary budget amendment; Project 60116. Meeting Date: 3/24/2015 Prepared By Name: MessamMarlene Title: Project Manager, Principal,Traffic Operations 2/26/2015 6:50:31 AM Submitted by Title: Project Manager,Principal, Traffic Operations Name: MessamMarlene 2/26/2015 6:50:32 AM Approved By Name: AhmadJay Title: Director-Transportation Engineering, Transportation Engineering&Construction Management Date: 2/26/2015 10:26:35 AM Name: TaylorLisa Title: Management/Budget Analyst, Transportation Administration Date: 3/2/2015 1:05:21 PM Name: PutaansuuGary Title: Project Manager, Principal, Transportation Engineering&Construction Management Date: 3/2/2015 3:42:33 PM Packet Page-547- 3/24/2015 16.A.16. Name: MarkiewiczJoanne Title: Division Director-Purchasing&Gen Svc,Purchasing&General Services Date: 3/3/2015 10:10:50 AM Name: ShueGene Title: Division Director-Operations Support, Transportation Administration Date: 3/3/2015 1:25:50 PM Name: KearnsAllison Title: Manager Financial &Operational Support,Transportation Administration Date: 3/3/2015 2:14:48 PM Name: OberrathKaren Title: Accountant, Senior, Grants Management Office Date: 3/9/2015 7:25:01 AM Name: TeachScott Title: Deputy County Attorney, County Attorney Date: 3/9/2015 9:49:59 AM Name: LynchDiane Title: Supervisor-Operations, Road Maintenance Date: 3/10/2015 4:57:00 PM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 3/1 1/2015 1:14:49 PM Name: TeachScott Title: Deputy County Attorney, County Attorney Date: 3/16/2015 11:31:09 AM Name: KlatzkowJeff Title: County Attorney, Date: 3/16/2015 12:57:13 PM Name: StanleyTherese Title: Manager-Grants Compliance, Grants Management Office Date: 3/16/2015 1:36:22 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 3/16/2015 2:20:25 PM Packet Page -548- 3/24/2015 16.A.16. FM#428147 1 58 01 and 425209-1-58-01 2"d AMENDMENT TO JPA WITH COLLIER COUNTY Page 1 of 3 SECOND AMENDMENT TO JOINT PARTICIPATION AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY Upon execution by COLLIER COUNTY (hereinafter, "COUNTY") and the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION (hereinafter, "DEPARTMENT") in the places provided below, the following shall constitute the 2nd AMENDMENT to the JOINT PARTICIPATION AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY FOR US 41 @ SR 951 (Collier Blvd) intersection improvements FM# 428147-1-58-01 and FOR SR 951 (Collier Blvd) from Fiddler's Creek Parkway to S of SR 90 (US 41) resurfacing FM 425209-1-58-01(hereinafter, "AGREEMENT"). A. All expressions used herein, unless herein separately defined, shall have the same meaning herein as in the Agreement. B. Except as expressly or by necessary implication modified hereby, all provisions of the Agreement shall remain in full force and effect in accordance with their terms but in the event of any inconsistency(ies) between the provisions of the Agreement and the provisions hereof, the latter shall prevail. C. The AGREEMENT dated May 31, 2013 and as amended October 22,2013 is hereby amended as follows: 1. Page 5, Paragraphs 3.A. &3.B. are amended to read: A. Project Cost: The total estimated cost of the Project is $17,966,843.00 (SEVENTEEN MILLION NINE HUNDRED SIXTY-SIX THOUSAND EIGHT HUNDRED FORTY-THREE DOLLARS). This amount is based on the Schedule of Funding, Exhibit"B"attached hereto. B. DEPARTMENT Participation: The DEPARTMENT agrees to reimburse the LOCAL GOVERNMENT in an amount not to exceed $16,351,849.00 (SIXTEEN MILLION THREE HUNDRED FIFTY-ONE THOUSAND EIGHT HUNDRED FORTY-NINE DOLLARS) for actual costs incurred, excluding LOCAL GOVERNMENT overhead. The funding for this Project is contingent upon annual appropriation by the Florida Legislature. The LOCAL GOVERNMENT agrees to bear all expenses in excess of the DEPARTMENT's participation. Travel costs will not be reimbursed. 2. Exhibit"B" is amended to read: Packet Page-549- 3/24/2015 16.A.16. FM#428147-1-58-01 and 425209-1-58-01 2°d AMENDMENT TO JPA WITH COLLIER COUNTY Page 2 of 3 Exhibit"B" ESTIMATED SCHEDULE OF FUNDING Financial Management Number: 428147 1 58 01 AND 425209 1 58 01 By and through this Joint Participation Agreement with the LOCAL GOVERNMENT, the DEPARTMENT agrees to reimburse the LOCAL GOVERNMENT up to, but not to exceed FM# 425209-1-58-01 $6,780,936 (SIX MILLION SEVEN HUNDRED EIGHTY THOUSAND NINE HUNDRED THIRTY-SIX DOLLARS AND FM# 428147-1-58-01 $9,570,913 (NINE MILLION FIVE HUNDRED SEVENTY THOUSAND NINE HUNDRED THIRTEEN DOLLARS actual costs incurred on these Projects, excluding LOCAL GOVERNMENT overhead. a Packet Page -550- 3/24/2015 16.A.16. FM#428147-1-58-01 and 425209-1-58-01 2nd AMENDMENT TO.IPA WITH COLLIER COUNTY Paee 3 of 3 ACKNOWLEDGED AND AGREED TO: COLLIER COUNTY,FLORIDA ATTEST CLERK (Seal) CHAIRMAN BOARD OF COUNTY COMMISSIONERS Date Print Name Date Collier County Legal Review: ) By: = 4), ) 5 Date STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST By: EXECUTIVE SECRETARY (Seal) DISTRICT SECRETARY OR DESIGNEE DISTRICT ONE Print Name Date Print Name Date Availability of funds approval: Fla. Dept. of Trans. Legal Review: By: Date Date Packet Page -551- 3/24/2015 16.A.16. RESOLUTION NO. 2015- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, MEMORIALIZING THE BOARD'S APPROVAL OF A SECOND AMENDMENT TO A JOINT PARTICIPATION AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") AUTHORIZING THE COUNTY TO INCORPORATE FDOT'S PLANNED PROJECT TO RESURFACE THE SEGMENT OF SR 951 (COLLIER BOULEVARD) FROM FIDDLER'S CREEK PARKWAY TO SOUTH OF SR 90 (US 41) AND AGREEING TO REIMBURSE THE COUNTY FOR ASSUMING THE CONSTRUCTION SERVICES AS PART OF FDOT'S REIMBURSEMENT TO THE COUNTY AS PART OF THE COST OF THE RESURFACING PROJECT AND AUTHORIZING THE CHAIRMAN TO SIGN THE JPA. WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to enter into a Second Amendment Joint Participation Agreement ("JPA") with Collier County, wherein FDOT authorizes the County to incorporate FDOT's planned project to resurface the SR 951 (Collier Boulevard) from Fiddler's Creek Parkway to south of SR 90 (US 41) (the "Resurfacing Project") into the County's road improvement project for SR/CR-951; and WHEREAS, as part of the JPA, FDOT further agrees now to reimburse the County for assuming the Construction services of the Resurfacing Project up to a maximum amount of $1 6,351,849.00, which sum is programmed into FDOT's Adopted Work Program under FM# 425209-1-58-01 and FM#428147-1-58-01 as of July 2013; and WHEREAS, the Collier County Board of County Commissioners fords that it is in the Public interest to enter into the JPA, as amended, to increase FDOT's potential amount of reimbursement to the County by an additional two million ($2,000,000) dollars and to coordinate these State and County projects in a cost efficient manner in the best interests of 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 the Second Amendment to the Joint Participation Agreement and authorizes its Chairman,to execute it on their behalf. 2. The Collier County Clerk of Courts is hereby directed to forward a certified copy of this Resolution, along with an executed copy of the Second Amendment to Joint Participation Agreement,to the Florida Department of Transportation. 1 Packet Page -552- rl' t 3/24/2015 16.A.16. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring this day � nn r same, this 24th day of March, 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY,FLORIDA By: By: , Deputy Clerk TIM NANCE, Chairman Approved as to form and legality: Scott R. Teach,Deputy County Attorney 2 Packet Page -553-