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HomeMy WebLinkAbout2015 05 11 Consent 305 Resolution 2015-12COMMISSION AGENDA ITEM 305 May 11, 2015 Regular Meeting REQUEST: Informational Consent X Public Hearings Regular KS City Manager KL Department The Public Works Department requests the City Commission's authorization to: 1) approve Resolution 2015 -12; and 2) enter into a Local Agency Program Supplemental Agreement with the Florida Department of Transportation to provide additional federal funding for construction of the SR 434 / Tuskawilla Road Intersection Improvements (Market Square). SYNOPSIS: The Intersection Improvements at SR 434 at Tuskawilla Road (Market Square) is a federally funded City project scheduled to start construction in June 2015. This agenda item is for the approval of a Resolution and Local Agency Program (LAP) Supplemental Agreement with FDOT to provide additional federal funding un an amount up to $240,226.41 for the construction phase of the project. CONSIDERATIONS: At the January 26, 2015 City Commission meeting, the Commission approved Resolution 2015 -01 and a Local Agency Program (LAP) Agreement with FDOT for the construction of Intersection Improvements at S.R. 434 and Tuskawilla Road. The construction phase of the project was federally funded for up to $1,191,490. Construction bids were publicly opened on April 9, 2015. The low bidder's total construction cost for the federally funded portion of the project is $1,431,716.41, which is $240,226.41 over the amount funded by the current LAP Agreement. The cost increase is primarily due to the following factors: Consent 305 PAGE 1 OF 3 - May 11, 2015 I . The overall increase in construction cost across the region over the past year; 2. A significant increase in similar public and private construction work in the region, which has allowed qualified contractors to be more selective in the jobs they bid and in their pricing; and 3. The specialized nature of the Market Square project, which includes items such as synthetic turf, decorative thermoplastic striping, and raised brick paver crosswalks. City Staff has submitted a request to FDOT to increase the federal funding in the amount of $240,226.41 to cover the difference between the current federal funding and the low bid amount. FDOT has indicated that additional federal funding will be available; however, as of May 4, 2015 the additional funding has not been confirmed. Due to the time - critical nature of the project, Staff is requesting City Commission authorization to enter into a LAP Supplemental Agreement that will provide additional federal funding up to $240,226.41. If the additional federal funding is less than the requested amount of $240,226.41, the City will be responsible for funding the difference using one -cent sales tax funds. Consent agenda item #306 on the May 11, 2015 City Commission agenda is requesting authorization to award the construction contract and to fund the City share of the project. . This agenda item is requesting City Commission approval of two items: 1. Resolution #2015 -12, which authorizes the City Manager to enter into a Local Agency Program Supplemental Agreement with the Florida Department of Transportation (see Attachment 1). 2. A Local Agency Program (LAP) Supplemental Agreement between the City and the Florida Department of Transportation (FDOT) for additional federal construction funding in the amount of up to $240,226.41 (final amount to be determined, see Attachment 2). The Local Agency Program (LAP) Supplemental Agreement is FDOT's standard form for amending LAP Agreements. Resolution 2015 -12 is required by FDOT for the adoption of the LAP Supplemental Agreement. FISCAL IMPACT: The LAP Supplemental Agreement provides federal funding in an amount to be determined, up to $240,226.41. If the additional federal funding is less than the requested amount of $240,226.41, the City will be responsible for funding the difference using one -cent sales tax funds, which are requested for authorization under May 11 consent agenda item #306. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals Consent 305 PAGE 2 OF 3 - May 11, 2015 noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends the Commission: 1) approve Resolution 2015 -12; and 2) provide authorization for the City Manager to enter into a Local Agency Program Supplemental Agreement with the Florida Department of Transportation, funded in the amount of up to $240,226.41, and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. ATTACHMENTS: 1. Attachment 1 - Resolution 2015 -12 (2 pages) 2. Attachment 2 - Draft Local Agency Program Supplemental Agreement (4 pages) Consent 305 PAGE 3 OF 3 - May 11, 2015 Attachment 1 RESOLUTION NO. 2015 -12 A RESOLUTION OF THE CITY COMMISSION OF WINTER SPRINGS, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO A SUPPLEMENTAL LOCAL AGENCY PROGRAM AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF INTERSECTION IMPROVEMENTS AT S.R. 434 AND TUSKAWILLA ROAD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State of Florida Department of Transportation and the City of Winter Springs desire to facilitate the construction of intersection improvements at S.R. 434 and Tuskawilla Road and, WHEREAS, the State of Florida Department of Transportation has requested the City of Winter Springs to execute and deliver to the State of Florida Department of Transportation the Supplemental Local Agency Program Agreement for the aforementioned project, FPN #432642- 2- 38 -01. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF WINTER SPRINGS, FLORIDA, AS FOLLOWS: SECTION I — The City Commission of the City of Winter Springs hereby authorizes the City Manager to make, execute, and deliver to the State of Florida Department of Transportation the Supplemental Local Agency Program Agreement for the aforementioned project, FPN #432642- 2- 38 -01. SECTION II — The City Clerk of the City of Winter Springs is hereby directed to send copies of this Resolution and the executed Local Agency Program Agreement to FDOT and all other persons as directed by the Mayor and City Commission. SECTION III - This Resolution shall take effect immediately upon adoption by the City Commission. Passed and adopted this day of 12015. CITY OF WINTER SPRINGS, FLORIDA CHARLES LACEY. MAYOR ANDREA LORENZO- LUACES, CITY CLERK Attachment 2 DRAFT Supplemental LAP Agreement - Template Final Version to be Provided by FDOT 525- 010 -32 PRODUCTION SUPPORT 09/11 The Florida Department of Transportation and the City of Winter Springs desires to supplement the original Agreement entered into and executed on February 26 2015 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 Intersection Improvements at SR 434 Length -4.02 miles Termini Description of Work: Construction of a series of safety and operational improvements at the intersection of S.R. 434 and Tuskawilla Road in Winter Springs. The project also improves pedestrian safety to meet ADA and creating space for turning movements between S.R. 434 and the Town Center frontage road at the intersections. The construction includes: maintenance of traffic, milling and resurfacing, removal of a pedestrian island and additional demolition work, crosswalks, safety bollards, drainage improvements, concrete curb and gutter, signalization adjustments, signage, and pavement markings. Construction also includes landscape work along with hardscape paving work including relocation of existing benches and streetlights. Reason for Supplement and supporting engineering and /or cost analysis: Add additional funding (TED) to cover supplemental #1. Said revision is reflected on the ADJUSTED EXHIBIT "B" SCHEDULE OF FUNDING, attached hereto and incorporated herein, as page 2. The low bidder's total construction cost for the LAP- funded portion of the project is $1,431,716.41, which is $240,226.41 over the amount funded by the LAP Agreement. The cost increase is primarily due to the following factors: 1. The overall increase in construction cost across the region over the past year; 2. A significant increase in similar public and private construction work in the region, which has allowed qualified contractors to be more selective in the jobs they bid and in their pricing; and 3. The specialized nature of the Market Square project, which includes items such as synthetic turf, decorative thermoplastic striping, and raised brick paver crosswalks. Page 1 of 4 SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN 1 LOCAL AGENCY PROGRAM 432642- 2 -68 -01 SUPPLEMENTAL DUNS NO. CONTRACT NO. 80- 939 -7102 AGREEMENT ARS 44 The Florida Department of Transportation and the City of Winter Springs desires to supplement the original Agreement entered into and executed on February 26 2015 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 Intersection Improvements at SR 434 Length -4.02 miles Termini Description of Work: Construction of a series of safety and operational improvements at the intersection of S.R. 434 and Tuskawilla Road in Winter Springs. The project also improves pedestrian safety to meet ADA and creating space for turning movements between S.R. 434 and the Town Center frontage road at the intersections. The construction includes: maintenance of traffic, milling and resurfacing, removal of a pedestrian island and additional demolition work, crosswalks, safety bollards, drainage improvements, concrete curb and gutter, signalization adjustments, signage, and pavement markings. Construction also includes landscape work along with hardscape paving work including relocation of existing benches and streetlights. Reason for Supplement and supporting engineering and /or cost analysis: Add additional funding (TED) to cover supplemental #1. Said revision is reflected on the ADJUSTED EXHIBIT "B" SCHEDULE OF FUNDING, attached hereto and incorporated herein, as page 2. The low bidder's total construction cost for the LAP- funded portion of the project is $1,431,716.41, which is $240,226.41 over the amount funded by the LAP Agreement. The cost increase is primarily due to the following factors: 1. The overall increase in construction cost across the region over the past year; 2. A significant increase in similar public and private construction work in the region, which has allowed qualified contractors to be more selective in the jobs they bid and in their pricing; and 3. The specialized nature of the Market Square project, which includes items such as synthetic turf, decorative thermoplastic striping, and raised brick paver crosswalks. 525- 010 -32 PRODUCTION SUPPORT 09/11 TO BE PROVIDED BY FDOT ADJUSTED EXHIBIT B SCHEDULE OF FUNDING Page 2 of 4 SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN LOCAL AGENCY PROGRAM 1 432642- 2 -68 -01 SUPPLEMENTAL DUNS NO. AGREEMENT CONTRACT NO. 80- 939 -7102 ARS 44 TO BE PROVIDED BY FDOT 525- 010 -32 PRODUCTION SUPPORT 09/11 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. AGENCY City of Winter Springs Name: Title: Attest: Name: Title: Date: Legal Review: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Name: Frank J. O'Dea, P.E Title: Director of Transportation Development Attest: Name: Title: Administrative Assistant Date: See attached Encumbrance Form for date of funding approval by Comptroller. Page 3 of SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN LOCAL AGENCY PROGRAM 1 432642- 2 -68 -01 SUPPLEMENTAL DUNS NO. AGREEMENT CONTRACT NO. 80- 939 -7102 ARS 44 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. AGENCY City of Winter Springs Name: Title: Attest: Name: Title: Date: Legal Review: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Name: Frank J. O'Dea, P.E Title: Director of Transportation Development Attest: Name: Title: Administrative Assistant Date: See attached Encumbrance Form for date of funding approval by Comptroller. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 - 010 -40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 08/06 Page 4 of 4 EXHIBIT "'I" SINGLE AUDIT ACT Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following Federal Agency: Federal Highway Administration CFDA #: 20.205 Highway Planning and Construction Amount: J13D) Compliance Requirement Allowable Activities: To be eligible, most projects must be located on public roads that are not functionally classified as local. The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance for bridges on and off the federal -aid highways, highway safety activities, bicycle and pedestrian projects, transportation enhancement activities, the recreational trails program, and planning, research, development, and technology transfer. Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved on the basis of state and local priorities within the limit of the funds apportioned or allocated to each state. Allowable Costs: Eligible activities and allowable costs will be determined in accordance with Title 23 and Title 49 C.F.R. and the OMB cost principles applicable to the recipient /sub - recipient. Eligibility: By law, the federal -aid highway program is a federally assisted state program that requires each state to have a suitably equipped and organized transportation department. Therefore, most projects are administered by or through State Departments of Transportation (State DOTs). Projects to be funded under the federal -aid highway program are generally selected by state DOTs or Metropolitan Planning Organizations (MPOs), in cooperation with appropriate local officials, as specified in 23 U.S.C. and implementing regulations. Territorial highway projects are funded in the same manner as other federal -aid highway projects, with the territorial transportation agency functioning in a manner similar to a state DOT. Most Federal Land Highway Program (FLHP) projects are administered by the Federal Highway Administration (FHWA) Office of Federal Lands Highway and its Divisions or by the various Florida Land Management Agencies (FLMAs). Under the FLHP, projects in the Indian Reservation Road (IRR) Program are selected by Tribal Governments and are approved by the Bureau of Indian Affairs (BIA) and the FHWA. Due to recent legislation, Tribal Governments meeting certain requirements may now administer various IRR projects on behalf of the BIA and FHWA. The Fish and Wildlife Service (FWS) and the National Park Service (NPS) select projects in the Refuge Road and Park Roads and Parkways Programs, respectively. For the Forest Highway Program, the Forest Service, the States and the FHWA jointly select projects. Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As Follows: The recipient of Local Agency Program (LAP) funding must comply with the statutory requirements in Sections 112.061, 215.422, 339.12, and 339.135, Florida Statutes, and Title 23 and Title 49, C.F.R.